Section 106-163; Res. 56-05 A; Approving the Preliminary Plat of Creek Ridge, a major subdivision; granting a variance from the Subdivision Regulations

Council Bill No.          R 56-05 A          


approving the Preliminary Plat of Creek Ridge, a major subdivision; granting a variance from the Subdivision Regulations.


    SECTION 1.  The City Council hereby approves the Preliminary Plat of Creek Ridge, dated January 20, 2005, a major subdivision located on the south side of Old Plank Road, across from the terminus of Forum Boulevard, containing approximately 68.3 acres, and hereby confers upon the subdivider the following rights for a period of seven years from and after the date of this approval:

    A.    The terms and conditions under which the Preliminary Plat was given will not be changed.

    B.    The subdivider may submit on or before the date the whole or any part of the subdivision for approval.

    C.    The time for filing the final plat may be extended by the Council for a specified period on such terms and conditions as the Council may approve.

    SECTION 2.  Prior to approval of the Final Plat of this Subdivision, the subdivider shall have completed the improvements required by the Subdivision Regulations, or in lieu of completion of the work and installations referred to, present security to the City Council with surety and conditions satisfactory and acceptable to the City Council, providing for and securing the actual construction and installation of the improvements and utilities within a period of seven years; or put the City Council in an assured position to do the work, obligating the developer to install the improvements indicated on the plat, provided that no occupancy permit will be issued to any person for occupancy of any structure on any street that is not completed in front of the property involved, or the utilities have not been installed to the satisfaction of the City.

    SECTION 3.  Approval of this Preliminary Plat is subject to the following conditions:

    1.    That Heath Court shall be constructed with a pavement width of twenty-eight feet in a fifty-foot right-of-way.

    2.    That subdivider provide some type of pedestrian easement for the northeast corner of the property to provide access from Rutland Drive to Old Plank Rad.

    SECTION 4.  Subdivider is granted a variance from the requirement of Section 25-48.1 of the Subdivision Regulations so that sidewalks shall not be required along Old Plank Road and along Plank Way, from Old Plank Road to Rutland Drive; provided, that subdivider construct an eight foot wide alternative walkway along the east side of Plank Way from Rutland Drive to an extension of the existing sidewalk on the west side of Forum Boulevard at Old Plank Road.

    ADOPTED this 21st day of March, 2005.