HomeMy WebLinkAbout8.3 Bay West Development f •
19 O`er STAFF REPORT CITY CLERK
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CITY COUNCIL File #' IIQa-4 5
DATE: September 2, 2014
TO: Honorable Mayor and City Councilmembers
FROM: Christopher L. Foss, City Manager
SUBJECT: Authorization of Units from the Development Pool and Related Community
Benefit Agreement Deal Points with Bay West Development
Prepared by Lori Taylor, Economic Development Director and Public Information Officer
EXECUTIVE SUMMARY:
Bay West Development seeks units from the Downtown Dublin Specific Plan Development Pool
in order to develop an already approved project on the former Crown Chevrolet site. Staff will
present the negotiated deal points to be included in the Community Benefit Agreement and is
requesting authorization from the City Council to proceed in its preparation.
FINANCIAL IMPACT:
None.
RECOMMENDATION:
Staff recommends that the City Council authorize preparation of a Community Benefit
Agreement that includes the negotiated deal points summarized in this report.
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Submitted y - Reviewed By
Economic Development Director/ Assistant City Manager
Public Information Officer
DESCRIPTION:
Bay West Development, a commercial and mixed use development company, has optioned the
rights to develop the approved mixed-use project on the former Crown Chevrolet site at the
corner of Dublin Blvd. and Golden Gate Drive. The parcel includes two sites — a 4.97-acre site
to the north and a 1.37-acre site south of St. Patrick Way.
This strategic Downtown location includes a residential mixed-use project with site development
review approval to develop 314 apartment units on the north 4.97-acre site, along with
approximately 17,000 of retail space on the first floor facing towards Dublin Blvd. On the
southern 1.37-acre piece, an affordable housing project for veterans and their families would
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provide up to 72 units. Eden Housing, a local non - profit housing developer and a partner on two
other affordable projects — Wicklow Square and Emerald Vista — is prepared to develop the site
upon selection of a new development partner and will manage over the long term. The
development of veteran's housing is a key City Council Strategic Initiative.
Previous to this request, the City Council approved a Community Benefit Agreement and
Development Agreement (CBA/DBA) with Diamond Heights Investments IV, LLC (known as the
Kingsmill Group) in January 2013. Among other things, the CBA/DA provided Kingsmill with
units from the Downtown Dublin Specific Plan Development Pool to facilitate the project.
Kingsmill did not obtain fee title following negotiations with the property owner and the property
owner has now optioned the property to Bay West Development. The property's Site
Development Review is still in effect as determined by the Community Development Director.
The developer needs units from the Downtown Dublin Specific Plan Development Pool in order
to proceed with this project.
Projects within the Downtown Dublin Specific Plan (DDSP) require a Community Benefit
Agreement between the Developer and the City. The Specific Plan identifies the number of
residential units that may be constructed in the Plan area and establishes a pool of these units.
A developer must request City Council authorization to pull units from this pool and must provide
a benefit to the community for the use of these units. A Community Benefit Agreement is
required to ensure that a benefit is provided and establishes a timeframe in which the developer
must construct the units. The units are returned to the pool at the end of the established
timeframe if not constructed.
Bay West Development and City staff have met on several occasions to discuss the terms of the
proposed Community Benefit Agreement. Key components, such as the total number of
residential units, amount of commercial space and architectural look, remain consistent with the
earlier project. The developer has stated it may work with Staff to upgrade the quality of the
external finishes, but without changing the approved look of the project.
Staff is seeking the City Council's support for the negotiated deal points between City staff and
Bay West Development.
Proposed Community Benefit Agreement Terms
Following are the proposed negotiated deal terms with Bay West Development:
• Bay West Development would receive an allocation of 314 units from the Downtown
Dublin Specific Plan's Development Pool to construct the project which will include
17,000 sf of ground floor commercial development.
• Under the City's Inclusionary Zoning Regulations, the project proposed by Bay West
Development would require the construction of 39 units of affordable housing (12.5 %).
This requirement would be satisfied, in part, by land dedication (Parcel B, 1.37 acres) to
the City or an affordable housing developer, Eden Housing. The City Council would
waive portions of the Inclusionary Zoning Regulations relating to Section 8.68.040 of the
Dublin Zoning Code. This waiver would alleviate portions of the land dedication
requirement including the requirement to pay development impact fees and construct off -
site improvements for the project associated with the land dedication.
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• The City or affordable builder (Eden) would have the ability to construct up to 72
affordable units on the site. The City will allocate up to 72 residential units from the
Development Pool for Parcel B.
• The transfer of the ownership of Parcel B to the City or affordable housing developer will
serve as the Community Benefit required to be provided in exchange for the allocation of
units from the Development Pool.
• Excess affordable housing credits (created by building a project in excess of the 39 units
required) would be controlled by the owner of the affordable housing site (City or Eden
Housing). The value created by these credits may be sold to help off -set the costs of the
off -site work that Eden or the City is likely to incur.
• The term of the units obtained from the Development Pool is two years from the City
approval of project entitlements, unless extended by the City.
To summarize, Staff is recommending that the City Council authorize Staff to prepare and
process a Community Benefit Agreement as described in this staff report. Should the City
Council authorize Staff to move forward, a Community Benefit Agreement will be formalized and
will be brought to the City Council for consideration.
NOTICING REQUIREMENTS /PUBLIC OUTREACH:
Not applicable.
ATTACHMENTS: None.
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