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Council vacates Cosper plat and approves 7-lot Whispering Creek subdivision with bridge requirement
Summary
Midway City Council vacated a single-lot recorded plat (Cosper) conditionally and granted final approval to Whispering Creek, a seven-lot subdivision that includes floodplain and wetland constraints, requires 6.4 acre-feet of water dedication, and requires the developer to construct or bond a driveway/bridge crossing.
Midway — The Midway City Council voted to vacate a previously recorded single-lot plat (Cosper Subdivision) and to grant final approval to the Whispering Creek subdivision, a seven-lot project at 515 West Cary Lane that includes wetlands and FEMA floodplain on-site.
Council first adopted Ordinance 2025-O1 to vacate the Cosper single-lot plat. The motion to vacate was made conditional on final approval of the Whispering Creek subdivision and associated resolution; council members said vacating the plat without concurrent approvals for the new subdivision could produce unintended legal and infrastructure complications. Council members discussed state code standards for plat vacations and a broad discretionary standard to find "good cause." The council said it would record findings distinguishing this case from other multi-lot subdivisions because Cosper was a one-lot subdivision and there were no multiple lot owners who relied on the original plat.
The council then granted final approval for Whispering Creek (final subdivision approval) and approved Resolution 2025-O2, which lists infrastructure and development conditions and replaces the former development-agreement approach (the city now records such conditions by resolution). Key conditions and project details included:
- Lot and site: The proposed subdivision totals just under 4.6 acres across two parcels and proposes seven residential lots in R-1-15 zoning. One existing dwelling is on one parcel; another recorded 1-lot subdivision (Cosper) is proposed to be vacated and incorporated into the new plat.
- Sensitive lands and permits: The site contains FEMA-regulated 100-year floodplain adjacent to Snake Creek and wetlands. Building pads were shaped to meet setbacks from the floodplain. The developer obtained a stream alteration permit and a 0-rise analysis for the required driveway crossing; those permits must be current when construction takes place.
- Water dedication: Staff reported the developer must dedicate 6.4 acre-feet of culinary water (credits applied for existing dedication and the Cosper lot), as required by city calculations.
- Infrastructure and bonding: The developer is required to construct the driveway/bridge crossing Lot 3 as part of subdivision infrastructure or provide a bond for the work before plat recordation. The council explicitly made vacating the Cosper plat conditional on approval of the Whispering Creek final plat and resolution, and the final-approval motion included direction that the bridge timeline and permitting requirements be satisfied or secured by bond.
- Plat notes and site constraints: The final plat must show building pads, note 500-year/100-year floodplain information and include a requirement that certain existing accessory structures on the proposed Lot 2 be removed or relocated to meet setbacks before recording.
Council debate touched on precedent concerns: some members referenced prior cases where the council denied plat amendments to prevent increased density in established subdivisions. The applicant's attorney and outside counsel explained that state law now gives councils broad discretion to find good cause for vacating plats but also cautioned that councils should document explicit findings to make the basis for their decision clear and defensible.
Votes: The motion to vacate the Cosper plat (Ordinance 2025-O1) passed on a 4-1 roll call (Craig, Jeff, Lisa and JC voted aye; Kevin voted nay). Final approval of the Whispering Creek subdivision and adoption of Resolution 2025-O2 passed on unanimous votes recorded in open session.
Staff said notes and two preliminary conditions required at the earlier review had been added to the plat. The council required the developer either to complete the driveway/bridge work before recording or to post bonds to guarantee completion; building permits for houses in the subdivision will be withheld until infrastructure reaches substantial completion as required by code.
The council instructed staff and the applicant to include clear findings for the vacating ordinance that distinguish this scenario (a recorded one-lot plat that has not been acted upon) from multi-lot subdivisions where neighbors could have relied on the original plat. The council also asked staff to consider clarifying code language for future similar cases to improve transparency and consistency.
Votes at a glance
Ordinance 2025-O1 (vacate Cosper Subdivision plat): approved, conditioned on final approval of Whispering Creek (vote 4-1). Final approval (Whispering Creek subdivision, 7 lots): granted; conditions include construction or bonding for driveway/bridge crossing Lot 3, removal or relocation of accessory structures on Lot 2, water dedication of 6.4 acre-feet, inclusion of building pads and floodplain notes on the plat (unanimous vote). Resolution 2025-O2 (conditions for subdivision / infrastructure requirements): approved (unanimous vote).
