26 ATTACHMENTS (B) - Laserfiche WebLink

modifications to the approved conditions of approval to the City Council. If the Planning Commission were to consider modification of the previously approved condition number 23, staff would suggest the consideration of all of the options noted above and provide such recommendation. Although all of the options as described above would work, staff believes that if the intent of the previous City Council action were to be maintained, that Option 2 provides a solution that is appropriate to today's site constraints, does not impact staff now or in the future by requiring accessing public infrastructure within private property and meets the concern regarding the future viability of the existing well to sustain two households over time. In all of the options the Planning Commission could find that the use of the well is not required for irrigation purposes and, accordingly, recommend a revision to the conditions of approval to eliminate the right of the Chrismans to use the well on the Brozosky property once City water service is available to the Chrisman property. Likewise, while not perfect, Option 1 remains an alternative that the Planning Commission can reaffirm the previous City Council action. Staff believes that through discussions with Mr. Brozosky that he remains unconvinced that alternative Option 2 is viable option, believes that his family would be impacted by an alternative route providing a temporary water supply, and believes that the use of the well should be abandoned by the Chrismans. The applicant has described that they are receptive to any of the alternatives, but do not agree to the requirement that they ought to abandon their water rights to the existing well, nor abandon their rights to an easement lying on the Brozosky property for the purposes of maintaining their well pumps and equipment. CONCLUSION Staff recommends that if the Planning Commission wishes to recommend a specific action to the City Council, that it should recommend allowing the modification to the planned unit development be allowed to mirror the previous approvals 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 and recommend Option No. 2 noted above to the City Council. Staff is confident that Option No. 2 presents a sound solution from a planning perspective in that it follows the Council's 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 neighbor and ensures efficiency of City staff to maintain and access any public infrastructure. Case No. PUD-OS-02M 21 Planning Commission