Council approves zoning change for 65 East Mountain Vale, allowing one R1-1 and one R119 lot

Council members voted unanimously on Oct. 28 to adopt Ordinance 2025-35, approving a change in zoning and a lot division for the parcel at 65 East Mountain Vale.

What was approved: The applicant sought to split a parcel slightly larger than two acres into two lots: one to be zoned R1-1 and one to be zoned R1-19. Planning staff and the planning commission recommended approval with a condition that no resulting lot be smaller than 0.75 acres; the applicant adjusted the proposed division to make the smallest lot 0.80 acres on the submitted drawing.

Staff and legal context: Planning staff told the council notices were mailed to surrounding property owners and that at least one neighbor called with questions; no written objections were reported in the public record before the vote. Council and planning commission members discussed whether the change would constitute impermissible "spot zoning." Planning commission members and staff reported legal research and a legislator-planner consultation indicating that, when subdivision and setback requirements are applied uniformly and the process is available to others in similar circumstances, the change does not constitute unlawful spot zoning.

Meeting vote: The council recorded an oral roll-call and the motion carried unanimously. The ordinance record notes the planning commission's recommendation and the condition limiting the minimum lot size to 0.75 acres. The council directed that the exhibit for the ordinance include the submitted parcel drawing and photos to be attached at recordation.

Implementation details: Staff said setback and frontage requirements for each zone will be reflected on the recorded plat and that the property owner will determine which side of the lot becomes which zoning frontage when completing the final plat for recording.

Ending note: Council's action finalizes local legislative approval for the rezoning/lots split. Final plat recordation and submittal of any required infrastructure or recording documents remain steps to complete the division.