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<br />) ,i. (..~ <br />.. 11 J <br /> <br />TUESDAY <br /> <br />SEPTEMBER 12. 1967 <br /> <br />at that time the development of these streets was not subject to <br />the requirements of the Subdivision Ordinance but was subject to <br />policies in effect covering street improvements and utility exten- <br />sions along streets dedicated prior to the enacement of the Land <br />Subdivision Ordinance. Council, however, permitted Mr. Beckner to <br />develop a part of this subdivision in 1957 in accordance with the <br />Subdivision Ordinance, related primarily to that section of the <br />ordinance pertaining to street and utility improvements. <br /> <br />The remaining section of Stonewall Court which Mr. Beckner now <br />proposes to open is not actually subject to the improvement pro- <br />visions of the Subdivision Ordinance but should be developed <br />according to the Water and Sewer Extension Ordinance, since the <br />dedication of this street came about prior to the adoption of <br />present subdivision regulations. Therefore, it seems to me that <br />if Mr. Beckner wishes to develop this street according to the <br />terms of the Subdivision Ordinance, then certainly Mr. Beckner <br />should be required to conform to all of the requirements of the <br />ordinance related to improvements, including the most recent <br />amendment involving paving. I do not believe that Mr. Beckner <br />has been delayed in any manner in opening this street and (I do <br />believe) the reason he attempted to accelerate the development of <br />this street was to avoid the Developer's responsibility concerning <br />paving as provided for in the recent Ordinance Amendment. <br /> <br />3. Mr. Williams and Mr. Fussell were in the process of subdividing and <br />developing Banks Road Extension prior to the adoption of the amend- <br />ment of the Subdivision Ordinance related to paving and had gone <br />through pre-application procedure for the development of this <br />property and had progressed to the extent of obtaining preliminary <br />approval from the Planning Commission of the subdivision on March <br />7, 1967. In consideration of the fact that these people had <br />contemplated and planned their development based upon the require- <br />ments of the Subdivision Ordinance in effect at that time and had <br />secured preliminary approval of their subdivision prior to the <br />August 8, 1967 amendment, I would suggest that they be allowed to <br />perform work in this subdivision according to the ordinance prior <br />to the amendment. <br /> <br />4. Section III of the Subdivision Ordinance requires the Land Developer <br />to go through certain pre-application procedures before securing <br />approval of a subdivision. About one month prior to the adoption <br />of the recent amendment to the Subdivision Ordinance, Mr. J. T. <br />Weaver, acting in accordance with the requirements of the Subdivision <br />8rdinance, met with several of us here in City Hall concerning the <br />development of a street which (when completed) would extend from <br />Liberty Street to Oneida Street, a part of which would be in the <br />County and a part in the City. I believe that about 700 feet would <br />be located within the City and subject to the terms of the Sub- <br />division Ordinance pertaining to improvements, etc. During our <br />discussion with him the question came up as to whether his <br />subdivision would be subject to any amendments of the ordinance as <br />may be made before the completion of his development and we <br />