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its request. They had mentioned that Blaclchawk Plaza was an inward-oriented center where the back of the center {aced all oI'the streeis_ I-Ie understood that Blackl~awk Plaza had approximately 207,000 square feet and was about 87 percent leased. IIe did not believe that addressed the proposed canter, which was much smaller and oriented to the vineyard araas_ Co«~«~issioner Arkin expressed concern about the economic viability of the project. He asked Mr. Yotter whether he would agree to a condition such that if the vacancy dropped below a certain threshold, a certain penalty would be paid to the cormunity_ Mr_ Potter was unsure whether that would be an equitable condition aad noted that if the lease of one tenant with a large iioor area expired, bringing the center below the threshold, they would be have to pay a penalty to Ruby Hill while renegotiating a lease with someone else. He did not believe that condition would be workable, but he could guarantee the kinds of tenants allowable in the center. I7c added that they would be willing to eliminate 60 uses to guarantee the quality of the center; it would be difficult to list the tenarits that would be appropriate. Commissioner Arkin suggested that the leasing threshold be measured over a longer period of time_ C'hziirperson Maas did not believe that was a fair question to ask of the applicant at this point. Mr. Potter noted that there ware people at the community meeting who opposed the project and added that there were a substantial number of people who supported the project. In response to an inquiry by C]oxnmissioner Blank regarding whether the owners planned to sell the property immediately, Mr. Potter replied that while most commercial properties are highly marketable, it was not their intention to flip the property_ In response to an inquiry by Commissioner Fox regarding the EIR, CJonimissioner Roberts noted that she had a sample Deed of Perpetual Agricultural Conservation Easement and explained the easement and agricultural zoning. Its purpose was to "preserve forever the conservation values of this property_" It also discussed permitted "uses and activities directly relating to the agricultural use of the property_ 1=or purposes of this easement, uses or activities directly relating to agricultural use of the property must involve or be necessary for planting, raising, irrigating, harvesting, or producing agricultural, viticultural, aquacultural, horticultural, forestry, crops, acid products" She added that in order to utilize this property for "noncommercial and nonprofit recreational or educational, other nonagricultural purposes, so long as such uses, such as hunting, fishing, hiking ... do not disturb or alter the current physical characteristics of the property_" Con-in~issioner Roberts noted that she had not answered "yes" to any part of the questions in the staff report because the conditions leading to rezoning could not be made. Commissioner Blank noted that he did not answer "yes" to any of the questions. Chairperson Maas noted that she answered "no" to questions 1 through 7. She did not want to see this project built and did not believe that it tit the vision for Ruby Hill. YLANNINU COMMISSION MINUTES October 19, 2005 Page 13 of 19