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Zone 7 to jointly revoke the License Agreement and do a quid pro quo. He stated that while he is generally supportive of the way these things come forward, he is not comfortable with the fact that staff is depending highly on a License Agreement that it has not seen and which staff is asking the Commission to depend on, as well. Ms. Decker noted that the Licensing Agreement is neither a planning document nor a part of this action. She added that under the A zoning, this particular piece of property prohibits any development except for one home. In response to Commissioner Fox inquiry if the City would have control over any application to subdivide the property, Mr. Dolan replied that was correct. He added that as Commissioner Narum pointed out, the City will be in a better position than where it is at today. He stated that it is not perfect, but negotiations are in place and there is another side of the conversation that is not necessarily inclined to give the City everything it wants. He confirmed that Zone 7 is not in the open space or the residential development business and noted that single-family homes next to Zone 7's facility is not consistent with its mission. Chair Blank agreed with Mr. Dolan but noted that a residential homeowner and a developer are both asking to zone the property P rather than A. He reiterated that while the License Agreement is not part of the process, staff is relying upon it. He stated that this is an imperfect package with varying levels of discomfort as he was unsure of what would happen in five or ten years while, at the same time, he feels like he is in a position of not being able to say no without derailing the entire process. He stated that this was not his intent but that he wants to go on record that he feels very uncomfortable with the process that is being brought forward to the Commission. Commissioner Olson stated that he felt this was really up to the City Manager and not even a matter for the City Council. He added that this then takes the matter out of the Commission's hands and asked why this is before the Commission in the first place. Chair Blank stated that he will support the motion because he has no choice. He added that he believes this is not a good process and hopes that the next time it comes forward, the City should figure out a way to provide information to enable the Commission to make an informed decision. Commissioner Olson noted that the City cannot prevail upon the owner to apply for a conditional use permit, in which case if the City Manager does not execute the Agreement, there is a risk that Zone 7 would leave it the way it is, and the City will have not improved its position at all. He stated that he sees this as a risk and a reason to vote for the motion. Mr. Dolan noted that the risk is a reality. PLANNING COMMISSION MINUTES, July 23, 2008 Page 20 of 25