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Commissioner Brown: Okay, thank you. Commissioner Allen: My initial assumption going into this has to do with the restroom and funding the maintenance of the restrooms. I initially assumed that the community center and restrooms would be funded by the new homeowners association that these specific homes and PUD would be part of. But what I'm hearing you say is, they can essentially regulate how they want them to be used or if they want to charge other people to use them. It sounds like you're thinking that you would create a broader homeowners association, broader than just the units we're talking about for this project. Is that correct? Beaudin: I want to clarify. There's the existing neighborhood; the residents that are in the neighborhood are the folks who really have been advocating strongly for an amenity building. So that's really the question, how do you define who gets to use that space going forward. What we'd like to do is if we have the amenity building we want to have a condition of approval that in the future, I'll call it "Ponderosa HOX, would have to allow access for a certain number of events per year or days or times per year or per month. The two HOAs or the neighborhood and the Ponderosa HOA would have to work together and it would be a condition of approval on the project. So the intent here is that the Ponderosa HOA from the City's perspective builds, owns, maintains and essentially manages the facility and then folks from the neighborhood would have access to it at times that are determined through this process. Commissioner Allen: Okay, that's helpful. Given that, let's just pretend that there is loitering in the restroom area and the maintenance is a lot more expensive than the new Ponderosa HOA expects it to be. Would you expect that that HOA would have the right over time to shut down the restroom or to actually charge and give the residents in other areas, let's say, a key or certain fee to cover their costs? Is there potential that this public restroom overtime might not be so public? Beaudin: The condition of approval we're looking at for this project would be maintenance in perpetuity for the public use and then the specific management of events and number of events per year would be regulated. The idea isn't that this becomes a community room for citywide purposes; it is that it serves this HOA or it serves the broader neighborhood, not citywide functions and those kinds of events. Weinstein: They would have to come back as well if that situation occurred where the costs of maintaining the restroom were a lot higher than expected. To change that condition of approval that Gerry was talking about, we would bring it back to the Commission and City Council possibly to renegotiate or revisit that condition. Commissioner Balch: I can guarantee it's going to come back the day it needs to be rebuilt. The "Ponderosa HOK, for lack of a better term or understanding —it's purpose is going to be formed so it can maintain the landscaped areas at the ends of the courts, the buffer zone between itself and the park, and then this parcel on which the clubhouse public amenity sits and likely, the amenity itself. Is that a general paintbrush similar to like a public art area or public open space area? PLANNING COMMISSION MINUTES, August 31, 2016 Page 7 of 58