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Vice Chair Nagler commented that the Council made a specific recommendation that if sales tax sharing was not adequate to payback the amount that had been advanced then at the end of the period if there was any balance left over this would be Costco's loss and the loan to the City would be forgiven. Mr. Beaudin clarified that the payback period varies based on how much sales tax is generated. It is a 60/40 split and it could be 20 years, 12 years or sooner and he wanted to clarify this point. It is not a loan but an advancement of funds and funding infrastructure improvements. The sales tax pays back for that improvement made to the public infrastructure. Vice Chair Nagler asked if the maximum number of years the advance would be repaid was 20 years. Mr. Beaudin clarified it is a maximum of 25 years. Commissioner Ritter referred to existing businesses and change of use, if FedEx moved out and UPS wanted to move in, he asked if they would be able to move into the space based on the grandfather clause or would this be a change of use? Mr. Luchini stated this would be a change of use and most likely would have to follow the new listed uses; however, in this instance, it would be at the discretion of the director to look at some sort of substantial compliance. If it is a short or very long period of time they vacated out of the building it may make sense to allow this, and he asked for Mr. Beaudin to comment. Mr. Beaudin said to be clear, because Commissioner Ritter used this specific example, there is a footnote put into the use table because there was interest in being able to maintain those uses and have conforming industrial uses. Anywhere in the EDZ, grandfathered uses allow changing like for like. He explained, this particular site will have additional flexibility with industrial uses the way the footnote is written. Commissioner Ritter asked if this also applied to the AT&T site. Mr. Beaudin said no; that site is not large enough to meet the criteria. Commissioner Allen stated her questions are related to use. She asked what criteria were used for defining the uses seen here, knowing the objective is to increase the economic vitality of this area. As an example, a massage parlor with less than three people is permitted versus greater than three people is not permitted. Mr. Luchini said early on, Nearon came to staff and had some ideas about some of the uses they would like to see. Staff took a code based approach and looked at some of the Freeway -Commercial and Central -Commercial Districts list of uses at that time. Through negotiation, staff and Nearon eliminated those they thought would not add vitality in the area; however, certain personal services were left in to balance out things, trying to specify the list of uses they thought they could draw interest for, what the City was willing to accept from the zoning perspective, and meeting the goals and objectives of the EDZ at the time. PLANNING COMMISSION MINUTES, October 11, 2017 Page 4 of 13