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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. #15-3763/16-3860 CHRISTOPHER AND GAIL BOLLIS/CHRISTOPHER AND RACHEL BOLLIS, 200-350 STUBBS BAY ROAD NORTH -FINAL PLAT APPROVAL — RESOLUTION NO. 6708 (continued) 3. Per the applicant's suggestion, Primary Connections; i.e., driveways from the new cul-de-sac for Lots 5 and 6 must be established within 60 days after the new road and cul-de-sac reach usable status. 4. Upon completion of those new driveways, all construction access to Lots 5 and 6 shall be via those new driveways and a Certificate of Occupancy will not be issued for either home until covenants are in place limiting use of the back driveway to just one of the two lots. Based on the above points, it would appear there are three basic scenarios to consider for permanent use of Outlot A: Scenario 1: Both Lots 5 and 6 are allowed to use Outlot A as a permanent secondary access. The Council should determine whether an upgrade of Outlot A to private road status is required. If so, this potentially requires changes to the plat of Kintyre Preserve. Scenario 2: Only one of the two new lots is allowed to use Outlot A as a permanent secondary access. This requires establishment of covenants and perhaps other physical barriers to ensure compliance. Scenario 3: Neither of Lots 5 or 6 is allowed to use Outlot A as a permanent secondary access. If this is the case, then the driveway in Outlot A and the creek crossing should be eliminated and vegetation restored. Staff would recommend that temporary use of Outlot A be per the Staff recommended scenario described above. Staff recommends that the Council review the various options for future permanent use of Tamarack Outlot A and make a decision on which scenario to require. The Development Contract will be modified to reflect Council's action. Additional minor revisions to the Development Contract are anticipated. Staff recommends that the Council adopt the resolution, subject to the plat not being filed until such time all required documents have been finalized, and authorizing the Mayor and City Administrator to execute the development contract for Kintyre Preserve upon final approval by the City Attorney. The Council should also determine which scenario should be required for the permanent use of Outlot A. Christopher Hunt, Attorney -at -Law, noted they met with Mr. Gaffon last week and one issue that was discussed in great detail was the amount of land that is being covered by the Development Agreement. The developer is opposed to including Outlot A since it will not be developed and the requirements in the development agreement do not apply to Outlot A. Hunt stated their thought was that if the developer eventually conveys its rights in this development contract to a third party, they would lose control over the development and that could limit how Outlot A could be used. Hunt noted someone would have to replat that land if they were going to develop it. Page 13 of 33