Commissioners debate proposed infill ordinance (Bill 5252); some urge legal review before using it to shape rezoning decisions

During deliberations on the Old Gray Summit rezoning, a board member circulated proposed draft language for Bill 5252 — the city’s draft infill ordinance — and described how the calculation in the proposed back‑page language might require approximately one‑acre lots for the subject site when surrounding parcel sizes are included in the average.

Staff confirmed the front page shown at the meeting reflected existing draft language the commission has discussed previously, while the back page contained proposed revised language intended to define "infill development" and create a clear method for calculating required lot sizes based on adjacent parcels. The circulated draft states the infill provision can "maintain a density that does not exceed 125% of the average adjacent residential development" and includes a mechanism to select contiguous surrounding parcels when computing the average.

Commissioners and staff debated how to apply the formula. One commissioner noted that if all surrounding lots (including parcels without dwellings) are counted per the draft, the resulting required lot size for the proposal could be about one acre. Commissioner Banks (who questioned the draft’s practical application) and others said the language could be read in multiple ways and that past legal challenges to zoning language have hinged on precise phrasing. Several members suggested tabling further action on the ordinance and sending the proposed language to the city attorney to eliminate ambiguity before relying on it to evaluate this or other rezoning requests.

The commission did not adopt or amend the ordinance at this meeting. Staff and the sponsoring member indicated they will bring the draft back for further review and that a city attorney review was advisable to ensure the provision cannot be easily misconstrued in future appeals or litigation.