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in perpetuity is actually, we do that all the time. The example which was my first vote when I joined this body was on the corner where we've got the Starbucks and Tapas, the plaza .... yeah, on Main Street with the corner area being a dedicated open space. think we were discussing at the time the furniture is provided by the developer at the time and they have to maintain it and I was saying well, what developer would put into their in perpetuity documents that they will always have to provide chairs, but they accepted and they have to. They bolted them to the ground —great idea. They solved the problem, but the concept of a developer using their private funds to build an amenity or provide an amenity and to maintain an amenity for all to use is not an uncommon concept. You know, if I can get you on one part maybe I can get you on the second. So the first part is, should they build it or not, right? And I think as I've argued there's, in my opinion, a basis to build it and then the second question about, well, is it being dedicated or if it's being maintained by the HOA, I think that definitely could be a discussion point that staff could hash out more before we move on. So I guess I'm trying to get you to say you could accept a bathroom. Commissioner Nagler: So you are very persuasive. Commissioner Balch: Excellent. Commissioner Nagler: And just to be completely clear, the larger neighborhood has been waiting for a project to come along that they believe is supportive of the existing neighborhood and their homes and have worked diligently and energetically over an incredibly long period of time to get the right development to come along, and they met Ponderosa and Ponderosa's obviously willing to give them a development that meets the larger neighborhood's criteria which is terrific and I agree as we've said that that's I think the best and highest use for this piece of land; are single family homes. They have worked so hard and have been so patient and so energetic and are asking for something relatively modest which is a place to meet, I think it is a completely laudable thing and therefore, and that there's a way to build it, we should take advantage of it. So that's part A. My concern again is, who manages it and who maintains it. Commissioner Balch: Can I go to that point a little more in detail so that now I have you on the hook? So if a City facility, and I'm going to give you a perfect example of what this is, if you think of the Nature House which is located at McKinley Park which is located at Kottinger which is actually close to where I live, and this is a City facility that is about exactly this size and that little nature center was the best facility for my son when he was a toddler to go to music class because we could walk to it. There was a bathroom. It's next to a park that is dinky. The park has basically got a water tank that's bigger than the entire rest of the park, although it counts in its acreage so it probably meets the criteria. So here's a building that's on our very first park in city limits back in the day when we were a city that is serving a need in a micro - community if you will in such a great and positive way and the City, just like it maintains fields, field allocation, buildings, building allocation, gym space, everything through our Community Services Department, they already have the database and processes to maintain and allocate space throughout the city. Except for this building, a lot of facilities are maintained by the Community Services Department and I see no hardship to add one more frankly of PLANNING COMMISSION MINUTES, August 31, 2016 Page 24 of 58