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not give l'v1":ardelthe authority. She stated t11at the City is disin.clil""l.ed to ilTtervene in this pri vate matter; if:- tl""l.e parties c1100se to litigate,. t11at vvould be a n""l.atter betvveen the'Tl.selves_ The application vvould proceed '-VI-:tere the opt.ionee has alvvays had the a1...1.thority,. but the I--Iahners" rights vvould be protected by tl"1e condition of approval,. and they vvo1...dd have a nUll'1ber 0:1- options_ rvlr. Iserson advised that so'Tl.c o-t-the applicants" original requests vvere 1"10 101"1ger pertinent" but staff felt tl'1at tl'1e cOI'1ditiol'1S 01:- approval as .n"1odified in the s1:a-ty- report vvere consistent vvith the original intent of the PLJD_ Sta-tT relt that the house designs" vvl'1icl'1 vovere the sarJ.:"1e as il-:t the Heinz property" vvere acceptable" al-:td tl1e la__ndscaping n"1adc the different villages appear varied in tcrn,s of a design concept. Staff vvas cornfortable vvitl-:t the proposed design changes and tl-:te condition.s or approvaL Staff believed the condition il'1the n'1emo vvould resolve the impasse at tl-:te City level so th.at the applicant and the property ovvner may resolve it at their level. Stafr-recon-:tmends approval o:f-the IJUD n,odification subject to the conditions o1--the sta:tTreport as ITlodi:t"ied in the memo_ l'v1":s. N"erland advised that -vvitl-:t respect to Condition 36,. a separate agreen'1el'1t is needed to il'1clude easements to allovv the J'V1cCurdy parcel to take access fr01Tl the roadvvay betvveen L...ots 29 and 30,. and not directly off Vineyard. She proposed some modified vvordil"1g :tor that condition. 1'v1r. Iserson advised that the former Lot 31 is I""l.OVV designated as Lot 6 of the l'v1":cCurdy devcloplT'lent_ In response to an inquiry by Commissioner Sullivan,. l'Vlr_ Iserson con:tlrlTled that th.cse conditions vvere the salT1e as detailed in the previous I-Iahner plan. TI-IE P1..TBLIC I-IEA~IN<~ VV AS <~PENEI>_ Phil Rovovc,. lV1ardel LLC" applicant,. supported starf~s changes to the ITlodificatiol'1. He l-:toted th.at tl""l.e vineyard vvas origil"1ally to be il"1stalled and mal""l.aged by 1'\,./1r _ Hahner_ 1\/Iardel has since agreed to purchase tl'1c vineyard" and vvill adopt the integrated pest n""lanagement plan that vvas u.scd for the llcinz property. He l""l.oted tl-:tat 1"v1:ardel l'1as tried to give l'v1":r_ Hahner as much :flexibility as possible,. vvhile n'1aintaining their rights. In response to an inquiry by Commissioner Sullivan" "Mr. Rovve replied tl""l.at tl""l.ey vvere participating in tl""l.e build-out V\Titl""l. Greenbriar I---:rOlTlCS al""l.d it -vvould be l.Tlore ef'ficient to allovv them to use the Greenbriar model for their homes. Patrick C~ostanzo." Jr.,. applican:t,. G-reel-:tbriar Homes,. Fremont,. l""loted t.hat: there vvould be n.o common lan:d ovvnership,. and that the rnaintenancc association vvould be managed by a 1Tlaintenance association company_ He l-:toted that there vvill be a ITlanager" and residents vvill pay dues. He noted that the difrerel""l.ce betvveen tl-:teir plan and Delco"'s plan """,as that Delco pre-plotted and stated they vvould build tl'1ose houses_ Greenbriar typically has ITlOrC :flexibility in. their plans,. and agreed '\.Vith stat---'F that there '--Vould a greater variety i1"1 PLA~ING CC>JV1JV1ISSIC>N JVfINUTES Septenlber 24_ 2003 Page 5