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199 --- After further discussion, it was moved by Councilmember Butler, and seconded bv Councilmember Brandes, that Ordinance No. 1177, to be read by title only and waiving further reading thereof, approving PUD-84-13, application of Castlewood Properties, Inc., to prezone an approximately 8.8 acre site to PUD (Planned Unit Development)- High Density Residential and "A" (Agricultural) District and for development plan approval for an 80 unit multi-family residential complex, and that final action not take place until negotiations are complete over the sale price of the park land con- sistent with what was previously anticipated and subject to favorable review by staff regarding configuration of the park land that would result, and subject to all conditions contained in Planning Commission Resolution No. 2564, except that Condition No. 2 be deleted, be introduced. ~ The roll call vote was as follows: AYES: Councilmembers B~andes, Butler, Mobr, Wood, and Mayor Mercer ~ NOES: None [~ ABSENT: None ~!~ Mr. Hoyt, representing the Vintage Hills Homeowners Association, stated they [] could support this concept. Mr. Walker advised that this plan change would have to be reviewed b~ the Planning Commission at their meeting tomorrow night, January 23rd, but the ordinance could be introduced tonight and adopted at the next Council meeting. Councilmember Butler thanked the Vintage Hills Homeowners Association for their time and effort spent on this matter. PUD-79-11-4M, Application of Cork Harbour Commany for a major modification to case PUD-79-11, a single family residential planned unit development on the aDproximat~.l~ 32 acre site located east of Pleasanton School upper playfield between Bernal Avenue and the residences on the south side of Angela Street~ to reduce by approxima~ely 40% the common open space required by the PUD development plan for the mroject. The propert~ is zoned PUD (Planned Unit Development)-Medium DensitV Residential District Mr. Harris presented his remort (SR 85:80) dated January 22, 1985, regarding this matter. Mayor Mercer declared the public hearing open on this item. No one in the audience spoke in favor of or in opposition to the application. Mayor Mercer declared the public hearing closed. Councilmember Brandes expressed grave concern regarding developers not complying with the conditions of approval and asked what legal recourse the City has in cases such as this. The City Attorney advised the City could take criminal action against the developer or could take civil action to obtain restitution, but in this particular instance the developer has completed all public improvements so bonds have been re- leased, and also the developer is not financially in a position to make any restitu- tion. Councilmember Butler stated he does not feel it is fair to penalize the homeo~ers in this particular case. After discussion, it was moved by Councilmember Brandes, and seconded by Council- member Butler, that Resolution No. 85-53, approving PUD-79-11-4M, application of Cork Harbour Company for a major modification to case PUD-79-11, a single family residential planned unit development on the approximately 32 acre site located east of Pleasanton School upper playfield between Bernal Avenue and the residences on the south side of Angela Street, to reduce by approximately 40% the common open space required by the PUD development plan for the project, subject to the following conditions: 6. 1/22/85