Mathews Property Annexation & Rezone 


Last Updated 10/13/2020


Project Summary:

The property owner has applied for the annexation and rezoning of the property located at 552 S. Hwy 33. The property is currently zoned Driggs Area of Impact R-3 - Multi-Family Residential. The applicant has requested to be rezoned to the CX - Commercial Mixed-Use zone if the property is annexed into the City. The property owner intends to develop apartments on the southern part of the property. This project was heard by the Planning & Zoning Commission on February 12, 2020. During this meeting the Planning & Zoning Commission made a recommendation to City Council in favor of the zone amendment to the CX zone. During a public hearing with City Council on April 21, the Council moved to accept the Annexation and the rezone to CX, however the motion included the opportunity for the Council to discuss the potential of limiting some uses normally allowed in the CX during their next regularly scheduled meeting on April 21, 2020. During the April 21 meeting, the Council discussed the uses normally allowed in the CX zone and voted to restrict certain uses. The restrictions can be found below in the "Amended Use Table." 

The decision by Council to annex was appealed and an associated lawsuit was filed. During settlement negotiations with the appealing party, it was decided that this application would go through the public process again, in other words, would start over. Therefore, this application for annexation was noticed and heard by the Planning & Zoning Commission on August 12, 2020. During this hearing, public comment was received and the Commission deliberated. Ultimately, the Commission moved to recommend approval of the rezone to CX with the restriction that only 15% of the gross floor area can be commercial and that design review standards be applied to any development on the property, including residential. The Commission also moved to recommend approval of the annexation to Council. 

This matter will now be heard by City Council during a public hearing slated for September 15, 2020 October 13, 2020. An updated staff report and public hearing notice will be posted. 

Public comment will be received during this hearing and can also be submitted prior to the hearing. In order to submit public comment, please email, or mail your comment letter to City of Driggs, PO Box 48, Driggs, Idaho 83422. Comments received by September 8 October 6 will be included in the Staff Report. Any comments received after September 8 October 6 will be read into the record. Those interested in attending the hearing may do so via Zoom, an online video conferencing platform, by phone, or in person at City Hall (see below). Public comments will be received during the hearing by those attending in person or by Zoom, and can also be submitted remotely by emailing or leaving a voicemail by dialing 208-354-2362 Ext 1007. Both methods will be monitored during the hearing and read into the public record. 

If you have any questions regarding this application or how to attend the hearing, please contact Driggs Planning & Zoning Administrator, Leanne Bernstein via email at, by phone at 208-354-2362 ext 2106, or by visiting City Hall. 

Accomodations and technical assistance will be provided to those unfamiliar with, uncomfortable with, or incapable of using the Zoom platform. Please contact staff prior to the meeting to make arrangements. 


Upcoming Meetings:

City Council - 9/15/2020 10/13/2020, 6:00pm

Staff Reports:

Council Staff Report for 10/13 hearing
EXHIBIT A - Vicinity and Zone map
EXHIBIT B - Narrative
EXHIBIT C - Service Provider Comments
EXHIBIT D - Driggs Public Works Comments
EXHIBIT E - Property Photos (August 2020)
EXHIBIT F - CX Zone Use Table
EXHIBIT G - AOI R3 Zone Use Table
EXHIBIT H - Public Comments
EXHIBIT I - Wetlands Overlay
EXHIBIT J - Records of Process
EXHIBIT K - 8/12/2020 P&Z Commission Minutes
EXHIBIT L - Public Comments Received prior to P&Z Commission Meeting

P&Z Staff Report for 8/12 hearing


Previous Meetings:

P&Z Commission 
     2/12/2020 - Recommended approval with conditions.
City Council 
      3/17/2020  4/7/2020 - Accepted the annexation and rezoning
City Council
      4/21/2020 - Discussed potential of limiting uses in CX zone; Passed annexation ordinance including restrictions of certain uses. 
P&Z Commission -  8/12/2020 at 6:30pm - Recommended approval of rezone with conditions and recommended approval of annexation 

Documents associated with previous decision:

4/21 Council Staff Report - re: Uses in CX Zone 
   List of Amended Uses in CX Zone 
4/7 Council Staff Report 
     Part 1
     Part 2
     Part 3
 P&Z 02/12 Staff Report 
        Exhibit A - Vicinity/Zoning Map
        Exhibit B - Narrative
        Exhibit C - Service Provider Comments
        Exhibit D - Parcel Photos
        Exhibit E - Use Table
        Exhibit F - Public Comments
        Exhibit G - Wetlands Map 
Previous Agendas
Previous Meeting Minutes
Staff Communications with Applicant
Staff Communications 
Other Communications
 VARD Complaint & Settlement Agreement
Additional Associated Documents:
Application materials:
Project Narrative
Area Map 
Recent Site Plan 


Communications (Since June 2020)


Contact Us

Reina Owecke
208-354-2362 ext 2105
Planning & Zoning Administrator  
Leanne Bernstein 
208-354-2362 ext 2106 

Office Hours

Mon-Thurs 8:30am-5pm
Fri               8:30am-1pm