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211 Mr. Barbee addressed the flood control problem, stating that the drainage problem on Entrada Drive is an up-stream problem and will not be solved by development of the Connolly property, but that it could improve the situation at the convalescent hos- pital. Mr. Barbee stated his map relative to line of view is accurate and that he would guarantee roof line elevations in writing. He stated he did not feel it is the responsibility of the developer to resolve the up-stream problems relative to drainage. Mr. Lund presented a letter that he had sent to the homeowners on February ]~, 1983, regarding a meeting in an attempt to negate the concerns of the neighbors but due to the long holiday weekend he was not sure that all of the letters had been re- ceived. He added he did not feel there would be much benefit to meeting with the surrounding property owners if they are not willing to change their stand on R-1-6500 single family detached homes, and even further possibility of allowing only one-story height. He stated he did not feel it was fair to compare this property with other property in the area that has been developed. He requested Council to approve his appeal and allow construction of the proposed development for twelve units on 1.6 acres at 306 Neal Street. There being no further testimony, Mayor Butler declared the public hearing closed on the appeal and the negative declaration. Council discussion ensued regarding the drainage problem and liability related thereto. The City Attorney advised that anyone who develops along a natural water course develops at his own risk. Mr. Warnick stated the up-stream problem will have to be investigated further, and added that improvements to the storm drain system in connection with the proposed project should aid the surrounding properties. Councilmember Brandes stated he felt opportunity should be given for concerned citizens and the developer to meet in good faith and work out some type of compromise. Mayor Butler stated he felt there could be problems with development under the R-1-6500 zoning for this property. He stated he agrees that the twelve units pro- posed for the 1.6 acres is too much and he is hopeful that the developer and resi- dents can get together to see if a solution can be worked out to fit the needs of all concerned. Councilmember ~'Iohr stated she concurred there could be problems with R-1-6500 zoning for the subject property, adding that the plan is what is important. Councilmember Mercer stated he likes the plan but felt it should be located some- where else in town. He stated he agreed with the surrounding neighbors that with the numerous large homes and historical sites in the immediate area that duplexes are not appropriate in this location. He stated that if nothing gets worked out then he would suggest rezoning to PUD minimum 6500 R-l, with no multiples allowed. After discussion, it was moved by Councilmember Brandes, and seconded by Council- member Wood, that Resolution No. 83-72, denying without prejudice, the appeal of Vic Lund of a decision of the Planning Commission denying Case PUD-83-2, his application for PUD (Planned Unit Development) zoning and development plan approval for a 12 lot medium density residential project on approximately 2.4 acres located at 306 Nell Street, be adopted. The roll call vote was as follows: AYES: Councilmembers Brandes, Mercer, Mohr, Wood, and Mayor Butler NOES: None ABSENT: None Because of the above action taken by COuncil, no action was taken relative to the Negative Declaration regarding this item. 8. 2/22/83