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#15-3763/16-3860 October 7, 2016 Page 4 Based on the above, staff would offer the following scenario: 1. In the event that a new home is proposed on Lot 5 or Lot 6 prior to completion of the new road & cul-de-sac to a Usable Status (road base and first lift of asphalt), a building permit can be issued for Lot 5 or Lot 6 using the back driveway for access until such time that Usable Status of the road & cul-de-sac is reached. 2. In the event that such a building permit is approved for Lot 5 or Lot 6, a permit for construction on the opposite lot will not be issued, the intent being that no more than one home may be constructed using the back driveway. 3. Per 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 & cul-de-sac reach Usable Status. 4. Upon completion of those new driveways, all access to Lots 5 and 6 shall be via those new driveways and the back driveway will be removed, the creek crossing removed, and the area of the back driveway be revegetated. Staff Recommendation Staff recommends that Council approve the scenario for future use of Tamarack Outlot A (the back driveway) presented by staff. The Development Contract will be modified to reflect Council's action. Staff recommends that the Council adopt the attached resolution, subject to plat not being filed until such time that a Maintenance Agreement approved by Kintyre Two HOA and the applicant has been submitted. The final plat approval resolution is drafted such that filing of the plat and associated documents with Hennepin County will not occur until all specific requirements of approval have been completed. This includes the City having in hand the issued MCWD permits, Hennepin County access permits, Letter of Credit and escrow, signed Development Agreement, signed covenants, etc. COUNCIL ACTION REQUESTED Motion to adopt the attached resolution entitled A Resolution Approving the Plat of Kintyre Preserve - File #I5-3763/16-3860.