Section 110-268; Withdrawn R44-09; Approving the Preliminary Plat of Hawthorne Woods, a major subdivision

Council Bill No. R 44-09


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


    SECTION 1.    The City Council hereby approves the Preliminary Plat of Hawthorne Woods, dated November, 2008, a major subdivision located east of Rolling Hills Drive, extended, approximately one mile north of State Route WW, containing approximately 44.15 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 expiration 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.    Subdivider is granted a variance from the requirements of Section 25-42(2)a of the Subdivision Regulations so that Stonehearth Avenue may be constructed with a straight tangent section that exceeds 800 feet in length subject to the following condition:

    1.    There shall be no private driveway access allowed onto Stonehearth Avenue, with the exception of Lot 125 and Lot 126 through the use of a shared driveway.

    WITHDRAWN this 15th day of June, 2009.