bonuses would not apply to small lots. He also noted that given the M-OF and M-N
districts had been included in the proposed text revisions given single-family
detached housing was allowed within these districts.
There was discussion on this addition and if it were actually necessary given there
were no general dimensional (i.e. lot standards) for this type of development
within the zoning districts. It was noted that the majority of the residential
development occurring within these districts was actually multi-family not single-
or two-family development. Mr. Zenner acknowledged that this was a correct
statement; however, noted that if a property owner were to consider using
property so entitled to develop small lots without undergoing a rezoning action it
would be necessary to ensure that such development could not benefit from the
existing reductions, in essence “double-dipping”. There was additional discussion
on the topic which concluded that given the limited nature of single-family
development in the districts leaving the exception as written was appropriate.
Mr. Zenner then discussed the proposed text changes address the issue of when
sidewalk installation would be triggered with creation of small lots. He noted that
to address this matter a new subsection needed to be created that essentially
created a “carve-out” for installation on longer infill properties were an irrevocable
access easement would be created to access lots not fronting an existing public
street. Mr. Zenner noted the proposed amendment language essentially required
property being subdivided to create additional small lots to install sidewalk along
the primary street frontage, but be exempt from having to install sidewalk along
the irrevocable access easement.
There was general Commission discussion on the proposed text. It was noted that
there really was no reason to include the first full sentence of subsection (iii) which
was describing the lot sizes that would be exempt. Rather the Commissioners
believed the new subsection was complete by simply expressing that sidewalk
construction on irrevocable access easement would not be required provided they
were less than 250-feet in length. Mr. Zenner explained the origins of the 250-foot
distance which is consists with the maximum length of a “residential” street not
required to install sidewalks. It was further discussed that if a proposed irrevocable
access easement were longer or there was a desire to not install sidewalk at all
along the primary street frontage, an applicant would need to seek a “design
adjustment” just like they would today with standard lot development.
Mr. Zenner then proceeded to discuss text amendments that would allow the
Commission and Council the ability authorize the creation of “flag/stem” lots on
previously unplatted (subsection “a”) and platted (subsection “b”) property. It was
noted an oversight was made in the preparation of these text changes that failed to
identify the distinction between the two subsections with respect to what review
body (i.e. Commission or Council) would have principal authority in authorizing the
creation of the “flag/stem” lot. “Flag/stem” lots described in subsection “a” were
primarily reviewed by the Commission and then Council. Whereas, “flag/stem” lots
described in subsection “b” were the sole purview of the Council. Given this
oversight, the proposed provisions within subsection "b" (specifically i, ii, and iii)
needed to be added to subsection “a”. Furthermore, it was agreed that using the
same limitations on lot width shown in subsection “a” should not be repeated in
subsection “b” given existing lots that may be substandard and sought for further