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201 development plan for the site which would contain 39 duplex structurest one. and two story~ which could be sold as 78 individual units. The density would be about 7.4 units per acre (Continued Open from 11-29-77) Mr. Harris presented his report dated November 18, 1977, regarding this matter. He stated the consideration of the Heatherlark Park condition had been reviewed by the Park and Recreation Commission at their meeting of December 8, 1977. Mr. Scheidig presented a draft resolution regarding the Negative Declaration for this project, and reviewed the criteria for determining whether a Negative Declaration or an Environmental Impact Report is appropriate for the application. Mayor Philcox declared the public hearing open on the Negative Declaration and the application. Mr. Dudley Frost representing Morrison Homes, spoke in favor of the appli- cation and presented various map plans for the information of the Council. He stated he concurred with the staff report and the modifications as presented by Mr. Harris regarding conditions. Mr. Frost confirmed his company's understand- ing of the modified condition contained in the Negative Deelatation and set forth as Condition #2 of the staff's conditions of approval, and concurred with this condition. He indicated that his Company was aware that this condition was part of the exercise by the City of its traditional zoning powers. Mr. Frost asked Council to clarify the matter of appraisal for Heatherlark Park. Mr. Armand E. Bergeron, 2511 Heatherlark Circle, stated he felt the size of the park was inadequate as a Tot Lot, and added that it was used by children of all ages. He cited several incidences of vandalism to his property, which is adjacent to the park, by teenagers in the park. He requested some kind of pro- tection for his property. Councilmember Herlihy suggested that the fence which is to be built by Morrison Homes be extended to include Mr. Bergeron's property. Mr. Frost stated this would be done if it was acceptable to Mr. Bergeron. Mr. Bergeron stated he would have to study the matter in depth before deciding what is best for the protection of his property. He further stated he felt the park should be eliminated. Mr. Rodney Cowin, 3855 Mesa Verde, spoke against Morrison Homes as a developer, stating he felt they should be required to resolve existing building problems to residents in the Val Vista area before allowing them to build addi- tional homes. Mayor Philcox advised Mr. Cowan to go through the proper source to get solutions to his building problems, and that it was not a matter for Council or the item being addressed by Council. Mr. Frost responded that problems to existing residences were being inves- tigated at this time and would be responded to. He further clarified that Heatherlark Park is a design problem on the plan. He also explained the stream- lined pole syste~n as opposed to undergrounding of utilities for this short stretch of utilities. There being no further public testimony, Mayor Philcox declared the public hearing closed. 4. 12/13/77