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homes. The applicant agreed. The condition (No. 36) requires that the plot plans for the five homes with a bonus room option be submitted for review and approval by the Director of Community Development prior to issuance of a building permit. Golf Ball Net /Structure and Visual Simulations A golf ball trajectory study was prepared to analyze options to intercept golf balls from the nearby driving range and prevent them from entering the Phase I portion of the project site. The design options included golf ball nets varying from 45 feet to 135 feet in height based on the net location. Both the applicant and staff preferred a 45- foot -tall option along the western boundaries of Lots 14 -16 and the southern boundary of Lot 14, which would be the least visually- obtrusive option. However, the location of this 45 -foot tall golf ball net/structure would entail delaying development of Lots 17 -19. These three lots would be constructed when the driving range ceases operation in approximately 18 years. At that time, the golf ball net/structure would be removed. Visual simulations from three viewpoints were prepared to assess the visibility of the netting. Screen trees planted behind the netting would assist in reducing the visibility of the netting. The visual simulations are included in Attachment 5. Development Agreement A development agreement is a commitment between the City and a property owner or developer to proceed with a specific development in accordance with the terms of an agreement that describes what land use and related processes shall apply to the application. The applicant has proposed a development agreement which would expire on or about August 2034. While a typical development term is 10 years, staff believes an agreement with an 18 -year term is appropriate here because development of Phase II (which is contingent on the driving range at the fairgrounds ceasing operation) may not occur prior to 2034. The proposed development agreement requires the developer to pay applicable development impact and permit fees in accordance with the City's building permit ordinance in effect at the time the applicable building permit is granted by City. The draft development agreement is attached as Attachment 4. PUD FINDINGS Please refer to the attached Planning Commission staff report, pages 11 -13 for a discussion of the required PUD development plan findings. PUBLIC COMMENT & NOTICE In response to the Planning Commission hearing notice, the following persons spoke in front of the Planning Commission: ■ Michael Derbish, a resident at 1624 Cindy Way, spoke at the Planning Commission hearing. Mr. Derbish stated that the proposed project is in his backyard and expressed support for the project. Page 6 of 8