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Commission discusses minor‑subdivision exception to ease lot splits, staff to draft deed‑restriction approach

Willard City Planning Commission · December 4, 2025
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Summary

Commissioners and staff discussed a proposed exception to subdivision rules to allow small lot splits (three lots or fewer) to defer curb/gutter/sidewalk costs via plat deed restrictions; staff will refine draft criteria and return with language after clarifying policy goals and thresholds.

The planning commission spent the Dec. 4 meeting on a detailed discussion of a proposed minor‑subdivision exception aimed at allowing small lot splits (often described as "farmers" or ad splits) to proceed without immediate installation of curb, gutter and sidewalk when existing utilities and roads already serve the site.

Staff (Amy and Maddie) described a draft approach that would add an exception to the subdivision code for parcels that meet several criteria: the split creates three lots or fewer; the proposed parcels are within residential zoning and served by existing water and sewer stubs; no prior split from the parent parcel has occurred within five years; and the split does not require dedication of new streets or open space. Under staff’s suggestion, deed restrictions would be recorded on the plat so that when and if development occurs, the owner of the lot would be responsible for those infrastructure costs. "We put a restriction on the plat that says that curb and gutter has to be paid for by the owner when whenever it ends up coming," staff said.

Residents and commissioners raised practical concerns and examples — including owners who want to split off a quarter‑ to one‑acre parcel for financing — and asked how exceptions would interact with state AD split provisions, trunk lines and situations that would require major new utilities. Staff cautioned that splits requiring trunk lines or new infrastructure should follow the regular subdivision process; the exception was intended for small splits on existing improved roads.

Next steps: staff will refine draft language reflecting the commission’s policy goal (whether the goal is cost relief for small landowners or another aim), add clear objective criteria for eligibility, and return with proposed ordinance text and sample plat language for review.