Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Subdivision Approval topic
No spam. Unsubscribe anytime.
Council grants preliminary approval for Whispering Creek subdivision with conditions
Summary
Council granted preliminary approval for Whispering Creek Estates (7 lots on 4.54 acres, R‑1‑15), after staff confirmed wetland restoration, Army Corps approval, a 0-rise flood analysis for a required bridge and conditions requiring the developer to construct the Lot 3 crossing and address encroaching outbuildings.
Midway City Council voted to grant preliminary approval for Whispering Creek Estates, a 4.54‑acre subdivision off Cary Lane proposing seven lots in the R‑1‑15 zone. Staff summarized the property's history (application continued since 2020), noted FEMA AE floodplain and Army Corps‑approved wetland delineation, and presented a 0‑rise analysis demonstrating the proposed bridge to Lot 3 will not raise flood elevations. The water board's calculations produced a net requirement of 6.4 acre‑feet of culinary water rights for the development after credits and preexisting dedication.
Council members asked detailed questions about snow storage at the cul‑de‑sac, driveway routing, utility placement beneath the bridge in casings, nonconforming outbuildings that encroach into proposed public right‑of‑way, and the possibility of using a rural local cross section for the road. Staff confirmed a stream alteration permit for the vehicular bridge and recommended several conditions to be memorialized on final plat and plans, including a 50‑foot setback from FEMA AE floodplain, 20–25 foot wetland buffers, developer responsibility for the Lot 3 crossing, advisory notes on lots in floodplain, and showing common area and driveway locations on final submittal.
Councilmember Craig moved to grant preliminary approval subject to the satisfied findings (excluding an item already addressed), and with conditions that developer build the Lot 3 crossing, address any obstructing outbuildings, and identify the Lot 2 driveway on final plans. The motion was seconded and passed by roll call with councilmembers voting in favor.
Staff will require the developer to place the required plat notes and to either move or remove outbuildings that encroach on required setbacks prior to final approval. Final plat recording will require completion of required infrastructure or provision of bonding to ensure bridge construction and other improvements.
