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"This condition may also be satisfied by a separate agreement signed by the Chrismans/Brozoskys." Staff supports Option 2 with the Planning Commission amendments to the Condition of Approval. The benefit of this alternative is that it will provide a solution that has the same intent as the original condition by providing a temporary source of water in the event the existing well should fail; does not create new easements; and does not require City staff to read meters that would be located significantly away from public roads. This is staffs recommendation. Option No. 3 The City Council may wish to rescind the entire condition and not require the Chrismans to provide a temporary water source to the Brozoskys. This option would relieve the Chrismans of the obligation to install a water line for the benefit of the Brozosky property. This option would maintain the status quo with both property owners. CONCLUSION Option No. 2, as amended and noted above, would allow the Chrismans to replace the existing, approved Centex production homes with the Silver Oaks Estates Design Guidelines to construct custom homes and to meet the intent of the previous concerns related to water availability to the Brozoskys. Staff is confident that the amended Option No. 2 presents a sound solution from a planning perspective in that it follows the Council's original intent of providing water service benefiting the Brozosky property, but without the burden of creating private easements for the benefit of the current and future neighbors and ensures access to any public infrastructure. This option also allows this condition to be satisfied by a separate agreement signed by the Chrismans and the Brozoskys. Submitted by: ~./)~ Brian Dolan Fiscal Review: ~~r~ Director of Planning and Community Development David P. Culver Director of Finance Approved by: ~,~,~~~ Nelson Fialho City Manager Attachments: 1. Draft Ordinance for PUD-05-02M, with Exhibit B, Draft Conditions of Approval 2. Exhibit A, Silver Oaks Estates Subdivision Phase II Design Guidelines, dated July 17, 2007 3. PUD Findings for PUD-05-02M 4. Staff Report from the Planning Commission Meeting, dated February 27, 2008 Page 11 of 12