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MINUTES OF THE ORONO TRUTH -IN -TAXATION MEETING and the ORONO CITY COUNCIL MEETING Monday, December 12, 2016 6:30 o'clock p.m. 14. #15-3763116-3860 CHRISTOPHER AND GAIL BOLLISICHRISTOPHER AND RACHEL BOLLIS, 200-350 STUBBS BAY ROAD NORTH -FINAL PLAT APPROVAL — RESOLUTION NO. 6708 (continued) Levang asked what needs to be done differently in the resolution. Mattick stated the development contract is drafted to accommodate the developer's request concerning Outlot A but the copy before the City Council tonight is not final. As far as Stubbs Bay, Staff did not accommodate that request in the resolution. Typically when the City requires a developer to dedicate a road, they are required to take the land that remains and conform to the criteria. Mattick stated if the Council is inclined to require the dedication, which the City is allowed to do, the developer is asking that they be given credit for that land. Gaffron stated the City has not done that before and every plat that has been done has taken 33 feet of right-of-way from the center line. Gaffron stated he cannot point to a situation where the City has given somebody some credit towards future buildability for the road width that has been dedicated and that he would recommend against honoring that request. Levang asked why the City is taking that land if the outlot is not being developed at this time. Gaffron stated it is part of the platting process and that City Code says when there is a plat, the City should be taking the additional right-of-way needed to accommodate existing and future needed roads. In this case, the extension of Stubbs Bay Road does not yet exist and the property boundaries do go approximately to the center line. Gaffron stated 33 feet is typical for this type of road in the City and that he would estimate approximately two-thirds of the 33 feet is actually roadway, shoulder, and ditch. Gaffron stated it is not typical for the City to give credit for the dedicated road. Christopher Bollis, Applicant, asked if the dedicated portion could be an easement. Mattick stated when the land is dedicated on the plat, it comes in as an easement and the underlying property owner would still own that. If the City ever vacates the easement, the land would go back to the underlying property owner. McMillan asked for the applicant's thoughts regarding the road access to Stubbs Bay. Bollis stated they are asking for either Lot 5 or Lot 6 to have continued access to the secondary driveway and that City Code allows two driveways off of an outlot. Bollis indicated they have drafted a declaration that could be recorded against Lot 5 or Lot 6 prohibiting the owner of one of those lots from using that access. Mattick stated his understanding of the meeting with Staff is that the applicant is basically asking for the status quo to remain. Mattick stated the applicant does have the right to use the existing home and the existing access and that the applicant did not want to lose that secondary access as a result of the development. Mattick noted the applicant's original request was for that access to remain for Lots 5 and 6, which Staff did not support. Page 15 of 33