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modify the Infrastructure Financing Plan, these issues would need to be addressed. She noted r that how the fees would be paid would be determined by the agreements entered into by the parties involved. Frank Berlogar, 2200 Vineyard A venue, advised that there is a condition of approval in the PUD that when the utilities are installed for the nine lots on the lower parcel, his house would be hooked up to those utilities. He stated that he supports staff s recommendation. Ms. Seto clarified that the current Infrastructure Financing Plan provides that reimbursement shall only occur for a fifteen-year period. She provided the reasoning for this provision. THE PUBLIC HEARING WAS CLOSED In response to an inquiry from Chairperson Maas, staff advised that a modification to the Financing Plan could be initiated by the City Council with direction to staff to look at the matter. Chairperson Maas moved to support stafrs recommendation to deny the appeal. Commissioner Arkin stated that he could not support the motion, as he feels changes should not be made to the Specific Plan. He noted that the Specific Plan approval process was very controversial and difficult, and this would leave the opportunity open for others to come forward to request modifications. r Commissioner Sullivan stated that he is unable to support the motion. He further stated that he was prepared to support the motion, but after hearing Commissioner Arkin's comments he realizes that this would be setting the stage for things to happen that should not be at the discretion of the Planning Commission. The motion died for lack of a second. Commissioner Sullivan moved to uphold Case PAP-27, the appeal of the Zoning Administrator's approval of Case PMS-09. Commissioner Arkin seconded the motion. ROLL CALL VOTE AYES: NOES: ABSENT: ABSTAIN: Commissioners Arkin and Sullivan Commissioner Maas Commissioner Harvey Commissioners Kameny and Roberts Resolution No. PC-2002-11 was entered and adopted as motioned. Chairperson Maas advised that this decision could be appealed to the City Council. ,..- PLANNING COMMISSION MINUTES February 13, 2002 Page 5