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Vice Mayor Thorne explained that, at this point, his inclination would be to deny the appeal and <br />support the Planning Commission's decision, but hopefully by taking the extra 30 days a better <br />solution could be found. <br />Motion: It was m/s by Sullivan/McGovern to continue the matter for 30 days and ask that City <br />staff work with applicant and appellant to see if a reasonable agreemenUsolution can be <br />reached. If no agreement can be reached, the item should be brought back in 30 days. Motion <br />passed by the following vote: <br />Ayes: Councilmember Cook-Kallio, McGovern, Sullivan, Vice Mayor Thorne <br />Noes: None <br />Abstain: None <br />Absent: Mayor Hosterman <br />26. Public Hearing: PUD-05-02M, James Happ/Kenneth and Pamela Chrisman -Consider <br />approving the application for a major modification to an approved PUD development plan <br />to replace the approved production home designs with design guidelines at the property <br />located at 1944 Vineyard Avenue, in the Vineyard Avenue Corridor Specific Plan Area <br />Principal Planner Donna Decker gave a description of the request, location of the proposal, said <br />there was a modification of the PUD initiated by the Berloger's in 2005 due to the Chrisman's <br />not ready to develop, which was agreed to separate the 19 lots from 9 and 10 lots to the <br />Berloger's to the Chrisman's. The Berloger's are working on the property, and the Chrisman's <br />are requesting a PUD modification to replace their production home designs with custom home <br />development. <br />The proposed design guidelines would incorporate and be the same as Silver Oaks Estates that <br />were accepted for the Berloger modification to be custom homes and to replace Centex <br />production homes. <br />The Berloger's submitted a home design with stone and window detailing and old carriage style <br />garage doors which is very charming and meets the guidelines under Silver Oaks Estates which <br />is referred to as Silver Oaks Phase 1. The Chrisman development would be Phase 2. There is <br />a requirement with both of these modifications that there be only one homeowner association <br />just as the original development was connected. <br />Staff is recommending that City Council support the Planning Commission's recommendation; <br />find that the proposed modifications covered by the previously approved final EIR for the <br />Vineyard Avenue Corridor Specific Plan; find that the proposed major modification to PUD <br />development plan is consistent with the General Plan and the purposes of the ordinance; make <br />the findings as listed in Attachment 3 and approve the proposed modification subject to Exhibit <br />B; the draft conditions of approval. <br />In the staff report, there are several options related to an issue regarding the well. That <br />particular condition has been amended per the direction and suggestions to the City Council by <br />the Planning Commission with additional agreements that have been in place most recently that <br />both the Chrisman's and the Brozosky's have signed which would supersede this condition. It <br />has been affected as of now which would also meet condition number 23 which was in question <br />at the time of the Planning Commission and through mediation of all parties, has been <br />negotiated. <br />City Council Minutes 11 August 19, 2008 <br />