Section 107-048; Res. 14-06; Approving the Preliminary Plat of Winchester Subdivision, a major subdivision; granting variances to the Subdivision Regulations

Council Bill No. R 14-06


approving the Preliminary Plat of Winchester Subdivision, a major subdivision; granting variances to the Subdivision Regulations; setting forth conditions for approval.


    SECTION 1.    The City Council hereby approves the Preliminary Plat of Winchester Subdivision, dated December 20, 2005, a major subdivision located on both sides of Mills Drive and on the north side of Chapel Hill Road, containing approximately 18.24 acres, and hereby confers upon the subdivider the following rights for a period of seven years from 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 expiration date the whole or any part of the subdivision for final 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; 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.    Subdivider is granted a variance from the requirement of Section 25-40 of the Subdivision Regulations to allow the subdivision name of “Winchester Subdivision.”

    SECTION 4.    Subdivider is granted a variance from the requirement of Section 25-45(1) of the Subdivision Regulations so that Arthur Gibb Drive shall be designed and constructed to local residential street standards to allow a center line curvature of 57°29’ .

    SECTION 5.    Approval of this Preliminary Plat is subject to the following conditions:

1.    The City Council, after giving the public an opportunity to be heard, passes an ordinance vacating the portion of the right-of-way of Mills Drive indicated on the preliminary plat.  (The City Council, by adopting this resolution approving the preliminary plat of Winchester Subdivision, is not obligated to vacate this portion of Mills Drive.)

2.    At the time a final plat of subdivision is approved for   any portion of Winchester Subdivision, the property owner shall enter into a development agreement with the City in which the property owner agrees to install (or fund) a diagonal diverter at Hatton Drive and Limerick Lane and install (or fund) medians at Shannon Place and Mills Drive, in accordance with the recommendations of a professional traffic study approved by the Department of Public Works.

    ADOPTED this 17th day of January, 2006.