18 ATTACHMENT 09 - Laserfiche WebLink

• In order to use the clubhouse, Valley Trails residents will be required to enter into a use agreement with Ponderosa's Homeowners Association, which will be in a form as set forth in the clubhouse use agreement, and include requirements for: o use and occupancy of the facility; o a cleaning/damage deposit; and o a valid Certificate of Liability Insurance certificate naming the City and Ponderosa's Homeowners Association as additional insureds. • The City would not be responsible for scheduling the use of the clubhouse or any damage to the clubhouse that may occur as a result of the use of the clubhouse by the Valley Trails Residents. ® Ponderosa's Homeowners Association will be required to indemnify and hold the City harmless for any administrative, legal or equitable actions arising out of the use of the clubhouse by the Valley Trails Residents. The development agreement has a 10-year term. The developer would be obligated to pay the applicable development impact fees which are in effect when the ordinance approving the agreement is effective. As set forth in Section 4.1 of the development agreement, the developer will pay development impacts fees at the rate in place when building permits are obtained (as such fees are subject to regular cost-of-living adjustments), but the project would not be subject to new impact fees which were not in place when the development agreement goes into effect. The agreement also ensures that the developer will abide by all requirements of the approved affordable housing agreement. The draft development agreement is attached as Exhibit C. The development agreement process requires that the Planning Commission provide a recommendation to the City Council for action. Staff supports the proposed development agreement and believes that the Planning Commission should provide a positive recommendation to the City Council. PROJECT ALTERNATIVES The current General Plan land use designation does not allow for residential uses, but the site is zoned for residential uses. Should a General Plan amendment be approved, the 36 unit residential development with a privately maintained clubhouse facility is staff's preferred option for this site. Other development options for the site could include: 1. Retaining the religious facility and parking lot and developing the remaining vacant portion of the site with a residential project; 2. Developing a higher density residential project; 3. Developing a private school; 4. Expanding the existing church building; or 5. Developing a residential project on the site resembling the proposed project, but with motor vehicle access adjacent to Mesa Verde Court, Grand Canyon Court, or Petrified Forest Court. P16-1386, P17-0155, PUD-113, & TRACT 8259; 6900 Valley Trails Drive Planning Commission 26 of 32