05-10-1999 Council Minutes - Laserfiche WebLink

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ORONO CITY COUNCIL MEETING MINUTES FOR MAY 10, 1999 ( #5 Spring Hill Golf Club, continued) 0 Barrett said this is an application for subdivision in lieu of a property description granting easements. He said there are no lots being created for development. The only difficulty he sees is raised in the staff report which is that the County takes the position that if the City refuses to grant the requested easement, then there is a 100% requirement at some point for the City to pay all of the acquisition or upgrade costs. Barrett said the City can tell the County that this subdivision is different, it is a device for description and not a development project. Crosby said technically this is not a subdivision in which the City has a right to require Park Dedication fees. The reason this is in the subdivision process is the agreement between the applicant and the City that it is easier to plat and define wetlands. Crosby suggested that the City send the County a letter citing the difference in the project because the entire project could have been done without platting. Gaffron agreed. He said that the Code calls this a class one subdivision, but it is not subdividing for the creation of lots and that is the key difference. Kelley said he agreed with Flint. Jabbour directed staff to send a letter to the County stating the City's position. . Flint said he is bothered by the policy implications of what the City is doing with the lot to the south. It is his understanding that the City is getting the wetland easement over the lot. Gaffron said it is a wetland and that part of the final plat requirement will be that they define the wetlands and that they be covered by the same conservation and flowage easement. Flint asked if that will cover the triangular piece as well as the piece in the next section below it. Gaffron said that is correct. He explained the reasoning for not including the lot to the south in the plat. Crosby said that the surveyors initially did the plat without including what is now proposed to be the outlot. He said he argued to exclude the area for the outlot from the plat, but staff would not agree because it was a common tax parcel with the property to the north. He said the reason this application hasn't reached the final approval stage is because the wetlands have not all been designated. He said the conditional use permit requires a conservation easement on the wetlands on the property south of Spring Hill Road. Kelley asked if they could put in a dock. 0 Page 12