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Planning Commission Meeting Minutes – Wednesday, August 05, 2009 Page 4 building. Mr. Komula noted that he was supportive of the project, noting that Langton Park Drive would now become the primary access to the park, with “soccer mom’s” no longer charging through their parking lot. Tim Kotecki, 3078 Mount Ridge Road Mr. Kotecki sought clarification as to the number of units sold to-date for Phase I, the projected timetable for construction, and impacts to assumptions of purchasers of units in Phase I if Phase II is not built, or if something else was built in its place; and whether the City would experience any liability for the original proposal not being accomplished, should a factory (as an extreme example) be built on the Phase II parcel instead. Chair Doherty responded that anything built on the parcels that was different than what is approved in this PUD Amendment would need to go through the approval process again. Mr. Paschke advised that any liability for marketing and/or foreclosure risks would be borne by the developer, not the City, and that zoning would preclude anything other than the proposed residential use. Chair Doherty noted that the developer had seventy-four (74) verbal commitments to- date for the units; based on the developer’s experience, they anticipate that fifty percent (50%) of the verbal commitments would become actual sales, providing for thirty-seven (37) units with current commitments. Chair Doherty closed the Public Hearing at 7:34 p.m. Commissioner Boerigter spoke in support of both staff-recommended motions for the project and phasing of it; opining that there would be no reason for the second phase to come before the Planning Commission as the City Council previously approved the entire number of units. Chair Doherty concurred with Commissioner Boerigter’s comments; opining that the developer was taking significant financial risk and would remain motivated; and expressed his personal appreciation to the developer for taking this approach to move the project forward. Mr. Teppen thanked City staff for their time and efforts on behalf of the project. MOTION Member Boerigter moved, seconded by Member Doherty to RECOMMEND TO THE CITY COUNCIL APPROVAL of the proposed PRELIMINARY PLAT of 3008-3010 Cleveland Avenue for United Properties; based on the information and comments of Sections 4-6 and the conditions of Section 7 of the project report dated August 5, 2009. Ayes: 5 Nays: 1 (Wozniak) Motion carried. MOTION Member Boerigter moved, seconded by Member Doherty to RECOMMEND TO THE CITY COUNCIL APPROVAL of a PLANANED UNIT DEVELOPMENT (PUD) AMENDMENT facilitating the two-phase development of the senior cooperative residence at 3008-3010 Cleveland Avenue for United Properties; based on the comments of Sections 4-6 and the conditions of Sections 7 of the project report dated August 5, 2009. Ayes: 5 Nays: 1 (Wozniak) Motion carried. Chair Doherty noted that the case was scheduled to be heard by the City Council at their August 17, 2009 meeting.