Councilman Scott Freitag said he voted against the rezone because the city's general plan was last updated before the most recent landslides in 2006. Frietag said he didn't think the same kinds of housing densities would be allowed today if the general plan were being updated.

He also took issue with the mass grading that is expected to take place and said he's concerned with the stability of the land.

Council members who voted for the rezone said it is consistent with the city's current general plan guidelines and they promised they would be vigilant in future stages of planning and asked residents to stay involved to help guide the process.

"Each lot will have to show it can hold a home," said Councilwoman Joyce Brown.

But the 4-1 vote was a disappointment to residents who live near the property, some of whom created slideshow presentations and represented whole neighborhoods when speaking.

"How can they listen to the problems and the financial loss (some have incurred) and still vote 4-1?" asked Dave Weaver, who represented the Falcon Ridge Community Coalition. "I felt that safety, health and welfare were not paramount in the City Council's mind tonight."

Wright said further public review will be available to residents, adding that the vote was a first step in a lengthy design and development process that will include sensitive land regulations and additional geotechnical studies.

Many residents whose properties surround the proposed subdivision near Kays Creek say there's no consolation that the developer says he can build a stable neighborhood and that two geotechnical firms have agreed the project is feasible with some mitigations.

Area residents have been concerned about the development for various reasons. Property owners to the immediate south of the 70 acres are worried that construction will impact their homes' safety in an area known for landslides.

The development agreement includes various rules the developer must follow, including grading of the hilly area to make it developable, building streets of certain sizes and abiding by housing density requirements.

Some are opposed to the construction of townhomes and the potential influx of homes, cars and people, how schools will be affected and what will happen to groundwater that already causes problems for some of them.

But the council was only obligated to consider the health, safety and welfare of surrounding neighborhoods, said City Attorney Gary Crane.

The council will have the responsibility to make decisions regarding engineering, groundwater and access to the development.

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