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HomeMy WebLinkAboutAGENDA REPORT 1986 0203 CC REG ITEM 10CI.lOOKPAKK -7/a.�� f,0e JAMES D. WEAK Mayor THOMAS C. FERGUSON Mayor Pro Tern ALBERT PRIETO Councilmember DANNY A. WOOLARD Councilmember LETA YANCY-SUTTON Councilmember DORIS D. BANKUS City Clerk THOMAS P. GENOVESE City Treasurer 0_11110403F FROM = DAT E SUBJECT = BACKGROUND: MEMORANDUM The Honorable City Council Steven Kueny, City Manager January 30, 1986 Planned Community 3 - Report of Committee on Development Agreement STEVEN KUENY City Manager CHERYL J. KANE City Attorney RICHARD MORTON Director of Community Development R. DENNIS DELZEIT City Engineer n' JOHN V. GILLESPIE cG Chief of Police J The subject of a proposed Development Agreement with Urban West Communities (UWC) for the project known as Planned Community No. 3 (PD-3, Mountain Meadows) had been considered by Ventura County prior to the incorporation of Moorpark. The Board of Supervisors had directed the County Planning staff to pursue it. Consideration was terminated when the 1983 incorporation election was scheduled. During the City's first year of incorporation it is my understanding that Urban West Communities conveyed to the City their continued interest in having a Development Agreement considered by the City. In August, 1984, UWC submitted a proposed Development Agreement document to the City and requested that it be considered as their application for a Development Agreement. No action was taken by the City on this request since UWC Was in the process of a proposed Major Modification to PC-3. On December 5, 1984, there was a consensus of the. City Council directing staff to explore the possibility of the proposed Development Agreement. At that time, there was an effort to have the proposed Major Modification and Development Agreement considered at the same time, since they were so closely related. On June 17, 1985, however, the City Council directed that the "Modification process for PC-3 be completed prior to consideration of the proposed Development Agreement. An ad hoc committee was appointed on July 15, 1985 (Councilmembers Prieto and Weak and the City Manager) to evaluate use of the proposed Development Agreement. On Septem- ber 16, 1985, the City Council concurred with the ad hoc committee's recommendation to proceed with consideration of the proposed agreement. The City Council also directed the ad hoc committee to meet with UWC to discuss the proposed agreement. Staff also started preparation of an ordinance required by Government Code Section 65864 concerning procedures and requirements for consideration of development agreements. Ordinance No. 59 concerning this matter was adopted on December 16, 1985. 799 Moorpark Avenue Moorpark, California93021 (805) 529-6864 The Honorable City Council January 30, 1986 Page 2 On November 4, 1985 (Resolution No. 85-246), the City Council approved the Modification to the PC-3 Master/ Specific Plan and Development Program. The ad hoc Committee then began discussions with UWC concerning terms and conditions of the proposed agreement. DISCUSSION The ad hoc committee has concluded its discussions with UWC concerning terms and conditions that should be incorporated in the proposed Development Agreement as it is considered in the review process set forth in Ordinance No. 59. The preliminary review set forth in Section 9.64.040 is the initial step in the process, followed by public hearings by the Planning Commission and City Council. The Development Agreement, if approved by the Council, must be approved by ordinance. The City Attorney is continuing discussion with UWC to complete the language of the proposed Development Agreement document and to incorporate the terms, conditions and considerations developed by the ad hoc committee, or as modified by the City Council. A summary of the.. terms, conditions and considerations developed by the committee during discussions with UWC is as follows: 1. 12 year term for the agreement. 2. UWC waives right to Roos density bonus to the extent that it would exceed the 2500 units approved for PC-3. 3. UWC agrees to amend Cable TV franchise agreement to have the franchise fee equal to that of the City's other Cable TV franchisee, in the event it's higher than that otherwise paid by UWC franchise. 4. UWC reserves a one acre site within the Community focus area for City use at no cost to the City. The exact location shall be agreed upon be- tween UWC andthe City within 2 years of signing the development agreement. If the City is unable to build or develop the site for permanent community use, such as library, senior center or community center, at the time UWC has built adjacent portions of the. site, City shall have the right to create a passive park, at the City's expense, to be a substitute for the ultimate City use until such ultimate use is initiated. 5. UWC pays to City $775.00 per dwelling unit times 1838 dwelling units to be utilized for improvement to the Community Park Site. The payments to the City shall be $600, 000 at three (3) years after signing the development agreement and the balance, $824,450, at 62 years after signing the devlopment agreement. 6. UWC improves 100% of a public access road to the Community Park Site (40' pavement plus all sidewalk) at the later of 3 years after signing the development agreement or when the initial park improvements are completed by the City. The Honorable City Council January 30, 1986 Page 3 7. UWC will develop and construct the utilities (sewer, water, electrical) to the Community Park Site to a location designated as Rec Center indicated on. the JSA preliminary design sketch dated 12/13/85. This is further into the park site than required in the PC-3 Major Modification. UWC shall develop and construct the utilities at the later of 3 years from signing the development agreement or the initial improvement of the Community Park Site by the City. � 8. UWC would begin construction of the Tierra Rej ridge Zth�/15Eday� of receiving the necessary permits! The current requirement is that the 4-lane bridge and full width improvements of Tierra Rejada Road from the current terminus north of the Arroyo to the east boundary of PC-3 be con- structed prior to occupancy of the 1231st dwelling unit. This would bring the bridge on line about two years earlier than otherwise required relative to PC-3 and has UWC providing the funds to improve it. The existing Moorpark/Tierra Rejada Road AOC fund balance, combined with additional payments by UWC up to the 1231 DU and expected AOC payments by other devlopers , would not provide sufficient funds to build the bridge until at least 1988. 9. In addition to constructing the bridge, UWC would also construct other AOC obligations throughout PC-3, including 5 traffic signals and the median. UWC would also construct the full width improvements, including the median, for the remaining portion of Tierra Rejada Road north of the Arroyo Simi, and pay one-half the cost for the signal at Tierra Rejada/Gabbert Road and Los Angeles Avenue. It appears that at least four of the traffic signals would be needed at the time the bridge is opened to the public. 10. In consideration for construction of the items in 8 and 9 above, the City would return the AOC payments previously made by UWC in the estimated amount of $840, 000.00, and relieve UWC of any further payments to the Moorpark/Tierra Rejada Road AOC. 11. UWC may build up to a maximum of the equivalent of 400 single family dwelling units per year. They could build 1.6 multifamily units for each single family unit to achieve the equivalent of 40 `s ngle family dwelling units. For example, 1-&0 apartments and 300 single family homes could be built in one year. 12. UWC would receive a guarantee that they can build out PC-3 pursuant to the approved Master/ Specific Plans and Development Program, as modified by City Resolution No. 85-246. UWC is essentially able to build out PC-3 up to 2500 units without subsequent changes to land use and zoning policies affecting the approved PC-3 plans. Development standards for the balance of PC-3 would be as agreed to in the Development Agreement after the review process. It is intended that such standards be generally consistent with those permitted by existing City policies and those used in the existing portions of PC-3. The Honorable City Council January 30, 1986 Page 4 13. UWC would be re q fired, at the City's request, to advance the equivalent fees for up to 1-2& single family units for infrastructure related needs, such as water, sewer, schools, police and fire, in any year in which less than t i2-5 residential building permits are pulled by UWC. This would be used, if needed, to help insure a continued flow of funds to meet any obligations of those agencies. 14. Agreements usually contain penalties and/or remedies for non-performance or breach. As currently structured, both the City and UWC would waive the right for monetary damages in favor of specific performance by the other party. In recognition that the court could negate the requirement for specific performance, the Development Agreement is proposed to include partial restitution for the monetary considerations that would be provided. If the City Council, after the review of this information, acts to further consider the proposal for a Development Agreement, the points summarized and as modified by the City Council will be incorporated into the Development Agreement document transmitted to the Planning Commission for consideration at a public hearing. RECOMMENDED ACTION It is recommended that the City Council authorize further consideration of the proposed Development Agreement with Urban West Communities for PC-3. SK:ddb JAMES D. WEAK Mayor THOMAS C. FERGUSON Mayor Pro Tern ALBERT PRIETO Councilmember DANNY A. WOOLARD Councilmember LETA YANCY-SUTTON Councilmember DORIS D. BANKUS City Clerk THOMAS P. GENOVESE City Treasurer MOORPARK January 30, 1986 Louise Rice -Lawson Executive Director Building Industry Association 601 Daily Drive, Suite 229 Camarillo, California 93010 Re: Proposed Development Agreement City of Moorpark - UWC Moorpark Investors Dear Louise: STEVEN KUENY City Manager CHERYL J. KANE City Attorney RICHARD MORTON Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police As requested in your January 23, 1986 letter, the anticipated schedule for review of the subject proposed Development Agreement is contingent upon the City Council's direction on February 3, at which time the City's ad hoc committee will report to the City Council concerning the proposed terms and conditions worked out between the Committee and UWC. If the majority of the City Council directs that the proposed agreement be considered, the matter would be set for hearing by the Planning Commission. If such affirmative direction is given by the City Council on February 3rd, the hearing would most likely be set for February 26. The report by the Planning Commission would then be set for a public hearing before the City Council as early as March 17. If further information is desired, please let us know. Very truly yours, STEVEN KUENY City Manager cc: Tom Zanic, UWC 799 Moorpark Avenue Moorpark, California 9302 (805) 529-68