Mr. Zenner distributed the 2026 Development Submission Calendar to the Commission
and went over the meeting dates for the upcoming year.
VII. OLD BUSINESS
A. Small Lot Integration Text Amendments - Article 5 & Appendix A
Mr. Zenner provided an overview of the progress made on the text revisions to
Article 5 noting that his progress was less than anticipated. He discussed the
changes proposed with the “flag/tier” lot provisions discussed at the prior meeting
and the realization that the platting process had two very distinct tracks which in
some cases required both the Commission and Council action and in others just
Council action.
As a result of this realization he explained that the proposed “flag/tier” lot
provisions were restructured such that they were more specifically tailored to
“unplatted” and resubdivided or replatted property. He noted that the new
provisions provided a distinction between a platting action where only 1 new lot
was being created out of the original parcel and situations in which more than 2
new lots, up to a maximum of 4 lots, were being created. Mr. Zenner explained
that the existing provisions for “flag/tier” lots would generally apply in situations
were only 1 new lot was being created. Whereas in situations where more than 2
new lots from the original parcel were to be created entirely new standards would
be applied such that the “stem” could serve as roadway frontage and access to the
new lots as well as address driveway placement and length maximums that were
previously discussed.
After explaining the revised provisions there was general Commission discussion.
Commissioners questioned if it was truly necessary to create the new provisions
since the UDC already allowed for the creation of “irrevocable access easements” to
access lots that were not otherwise accessible from the primary roadway frontage.
Mr. Zenner stated that in newly created subdivisions this was a correct assessment
and that the provisions would not generally be applicable since the property
undergoing subdivision was doing so for the first time. He added that in such
instances there would potentially not really be a need to create a “flag/tier” lot
given other alternatives (i.e. alleys) could be used to access such lots and could be
integrated into new development.
Mr. Zenner explained that the proposed revisions were prepared more to address
the issue of activating unused deep lots within the already “built-out” portions of
the city as well as to provide clarity on when and how “flag/tier” lots would be
permissible. Given prior UDC amendments opened up the possibility to legalize
historically substandard deep lots, the amendment language provides clarity on a
property owner’s ability to seek resubdivision approval in an effort to activate the
unused portion of those lots. Mr. Zenner noted that without the text changes the
ability for the City Council to approve a “flag/tier” lot on a parcel deemed legal
would be otherwise restricted since the current language applies only to
“unplatted” lots which also includes non-legal lots.
Given the “dual” purpose of the amendment, Mr. Zenner felt that it was
appropriate; however, did note that it was possible that the standards directly
applicable to small lots could be pulled out from the “general” subdivision
standards and moved into a single location within the UDC that specifically