help us to help them. regarding our homeless, the quality of life issues in the bayview and concerns, we're meeting regularly with hsoc and department of public health to address concerns we have two officers work full-time at bayview station assigned to homeless outreach. we're actively in the community every day addressing the community offering service, making referrals to help improve on our homeless concerns in the community. then with the trust and accountability reform, i think part of that is just with us talking the community. our foot beat out every day talking to the merchants in the community. they are out in the street and go into businesses. our officers are out talking to

people within our housing project and engaging the community and trying to reassure them and make sure they understand they're being heard. with our resources, i think we're ahead of you but there's always room for improvement with technology since it's a fast-growing thing. then with diversity, the district is diverse. and we want them to know we understand them and can meet them where they are and can all

work together. that is the end of my presentation and if there's any questions i'm happy to answer them. >> on the part one crime statistics, i want to know if i'm reading this right. the homicide year to date last year was five and year to date nine. so there's been an increase in this year over last year. then for burglary and autotheft and i'm concerned about the homicides and the rate obviously. i want to know if bayview has the resources and help you need to be able to address this.

>> since i've been at bayview station we have had three homicide. so you know, at one point i worked in homicide as sergeant prior to my assignment at bayview. i was the captain of major crimes and overseeing the homicide unit. i'm very passionate about any homicides in the city and particularly in the bay view. yes, i am getting the resources i need. the chief is concerned and the command staff has been available in giving me resources which have been deployed on a regular basis each week to help address crimes and to be the visual deterrent. and i don't expect moving forward, god willing, that our numbers will continue to increase. >> thing on the human trafficking, is that -- i don't know what that means?

it seems like these are really low numbers and seems good but i don't know if it's difficult to track or means something different. >> i think it's somewhat difficult to track. in order to track it, it has to be reported. as we all know with human trafficking it's one of those things rarely report. it's more so reported in downtown where there's -- they're more visual but here when it happens it's not on the streets. don't typically have people walking around that you can engage and have conversations with so if people don't call the police we're not aware or given information it's possibly occurring. >> thank you for the presentation and the work you're doing.

>> my pleasure. >> any other questions from commissioners? >> thank you for the presentation. i thought it was great. i want to go back to the staffing on page 5. i was wondering what the captain's staff, the three officers and two civilians do, what their role is as the captain's staff. >> well, two of the civilians for example, one was my secretary that was kind enough to work the power point presentation. she's one of the civilians on my captain staff. the other civilian is the station's facilities person. he deals with things involving the station and assisting us with events and things like that and solving problems. then the three officers moin captain staff, they work directly for me. they assisted with putting together this power point. they help with all the events that we have in the district

they deal with community issues. they work at the pleasure of the captain helping you as a captain facilitate whatever have you going on in the district. >> my other follow-up question is respect to the plain clothes officers, there's seven of them. is that number high? i remember going to other district stations and they amount they had was lower? >> well, each district is different. as you know, when you look at crime as a whole in any city but particularly in san francisco, it's important to staff your officers in positions that reflect the needs of the district. so in the bayview, for example werk have five areas of housing projects. our plain clothes officers are actively working those projects

with housing officers. the plain clothed officers in the bayview get more guns off the street than in any other part of the city and also assist our gang task force unit, our homicide unit and when we have acquisitions from other cities that come in to san francisco a lot of times their cases relate to the bayview. and that's why we have six. it's just based on the needs of the district. >> any other questions from commissioners? >> on page 9, the focus on the five and looking at 2017 at 40% and 2018, 28%. i'm trying to understand how to read that.

>> it mean in 2017, 20% of the sites done were in the group on the focus of the five. the police depend's priority is on the lights, stop sign and failure to yield and failing to yield when make left turn. that's what the numbers represent. what i will say is if you look at the chart, you will see, yes, a lot of more tickets were written in 2017 but we've worked to correct that and why we have three officers assigned specifically to do traffic

enforcement. i expect our numbers will be increasing greatly with that support. [off-mic] >> i understand the difference. when have you spikes you bring traffic enforcement officers and there's like a militia feeling

into the community. i get that. i thought focus on the five was seven to eight and where people will work on the traffic lights. i thought we were aggressively enforcing that and wondering how to interpret this. is 28% a good number or one that needs to be improved on. that's what i was trying to get a handle on. [off mic]

>> i understand. some were down by one-fourth. >> how we enforce city wide is a concern. we've been fortunate in the bayview. we've had one serious straight traffic collision but even one is too many. anything we can do to keep traffic collisions down and save lives we want to work hard to do that.

>> one other question. on page 6 for staffing demographics you have 28 supervisors and 18% black and 14% hispanic. how many black supervisors and how many hispanic does the 18% and 14% represent. >> you can tell me offline.

>> good evening. i wanted to follow-up on one of the points you raised with the strategies on page 7. it seemed like or that homelessness and quality of life and mental health are there a substantial portion of what you're dealing with now and if so has it increased? since come back to bayview, it has increased but i think there's a lot of reasons. we're working hard with the

community and with other agency to address homelessness and mental health issues. >> okay. you think you're having success in working with the other agencies in addressing the issues? >> yes, we've had great success. one current success i can talk about is the san francisco produce market. it's a huge market that serves pressure produce all over the city and it was a large encampment and we've worked together on how to clean up the area and remove the homeless how to secure it and we had meeting and came up with a plan over a

month so outreach can take place. we never want to just displace someone so the plan was to meet with them and try to figure out who wanted to go to a navigation center. what was in need of what services and were children needed to be considered. they were told we'll do an vacci evacuation of the site. we came in with hsoc and d.p.a. and clean up the whole site. to this day that site is still clean. we don't want it anywhere but you have a business dealing with food and it's important things

are sanitary, it was concerning. that was a great combined effort project. that was one of many. >> is there a navigation center out here? >> yes, in bayshore. it hasn't been here long and it's been successful and we have people who regularly go to mother brown. when she can't take you in, she's specified to me she has people that fix 350 sandwiches at night. say you show up late night and you can't come in but you're hungry. you can at least get something to eat. that's amazing because it shows kindness because no one should be hungry in the city. >> thank you very much. >> my pleasure. there's the church across the street and that feeds folks well.

first and foremost, captain, thank you for the presentation. i want to commend you for your work and step kneeing station and you've been -- stepping into the station and you've been visible and i want to note that as a redent in the district -- resident in the district. 84% of the people in the district don't identify as white and 62% officers tlaetd station who identify -- at the station who identify as being white. when we talk about ensure diversity inclussive -- inclusive workforce what are we doing? that's one part and the second part and this you addressed the community is relationship based but how's it look nor -- for the

62% of folks involved in the process and hope we're not utilizing the 38% that reflect the community. >> anyone who comes to the bayview and works is a really unique officer. bayview is not like anywhere else and once you work there they say you can work anywhere in the city. everyone here is officers who want to be here. i don't want you in the bayview if you're not going to be fully engaged in the community. if you're not comfortable with people who don't necessarily look like you and if you're not fully committed to participating in activity in the bayview. we're still striving even through recruitment to get more diversity into the department which is a challenge but we're still striving to do that and

striving to improve our numbers with people of color and people from the monolingual community to come to the bayview. there's room for improvement but with what we have, i think we have great officers and it's going to be a continual work in progress. [off mic]

>> absolutely. that in reference to the 96a report we've been reviewing thoroughly. thank you. >> i do have a question for you also. it's about the advisory board. the captain's advisory board. i'm curious, who's on there, how they get selected and what issues come up and how do you deal with the issues raised at your advisory board? the captain's advisory board work at the pleasure of the captain. they're assigned to work on projects i deem are important

within the district. i have a total of 14 people on the advisory board. it's a very diverse advisory board when covers the district in terms of what part of the district they come from. my requirement was people willing to work and attend meetings. i doesn't want somebody signed up but doesn't have the time to come in and do the work. it required a commitment from those individuals and then what they do is when we have a meeting, it could be talking about national night out. they've been working on several things within the district. some of them are concerns of mine.

some are things they may have mentioned or a thing community may have brought to my tension. so we meet and they have sub-commitees that work on the project. they're selected by me, basically. >> thank you so much for the presentation and hosting us. i appreciate it. >> my pleasure. thank you. >> ready for the next item. >> clerk: line item 3, general public comment. public is welcome to address the commission with items on the agenda and items that do not appear on the agenda but within the subject matter jurisdiction of the commission. speakers shall address the commission as a whole and not individual commissioner or department or d.p.a. personnel. under police commission rules of order, during public comment neither police or personnel or commissioners are required to

respond but may provide a brief response. individual commissioners and personnel should refrain from entering into debate or discussion with speakers during public comment. >> anybody want to make a general public comment? this is the time. please come up to the mic if you don't mind. >> i'm alonzo walker. life time resident of bayview hunters point. it's a pleasure to be here.

i get on the internet and do some research and i was born here and i live at 57 building 18, 57 section d. i was hear when the riots took place in 1966. when the national guard marched down third street here in this opera house and there used to be a pool hall here. they shot the opera house up and i wasn't shot but a friend of mine. i knew the individual who lived in the house that got shot. i've lived in bayview hunters point all my life and passionate about the opportunities made available to the residents in bayview hunters point but when

you spoke about homelessness, these are things i became aware of through my research. trying to hold the redevelopment agency san francisco housing authority and hud to what they're supposed to do for upholding the interest of the area they go in to make the changes for the community. the department of public works. the department of housing and urban development, excuse me. the san francisco department of housing are in violation of

three various codes that require them to do certain things. one is 33334.3, 33334.4. these are requirements where the department is supposed to have a database up for public review to show where the available of housing put into development for the agency and now the office of infrastructure and community development an investment. to take a long story short, the homelessness you talked about in report 34171.1. it's a requirement for the

office of infrastructure and investment and the department of housing to ensure the percentage of housing required through legislation be made available and occupied by those individuals that is specified in that particular legislation. >> commissioner: i have to ask you to wrap it up. we have a three-minute limit. >> okay. when you spoke with the homelessness, the mayor's office of housing and community development hasn't extend the

funding made available and extended the money towards homelessness. there's money there and more than willing to work with anyone from the police department or commissioner for oversight or one who holds those entities account and for the people in the community and for the people to realize the benefit they're entitled to and not just a bunch of smoke and talk. >> commissioner: okay. thank you. any other speakers? members who would like to speak? seeing none, public comment is closed. next agenda item. >> clerk: line item 4, adjournment action. >> commissioner: we have a motion. >> so moved. >> second. >> commissioner: all in favor of adjournment. >> aye. >> opposed. >> we are adjourned.

thank you.

welcome to the land use and transportation committee meeting of the san francisco board of supervisors or today, monday, april 22, 2019. i'm the chair, aaron peskin, joined by matt haney and shortly by safai. our clerk, do you have announcements? >> be sure to silence all cell phones and electronic devices. any documents should be submitted to the clerk >> supervisor peskin: thank you. could you read the first item. >> item number 1 is ordinance

ordering the summary street vacation of the 900 block of francisco street as part of the development of francisco --% approximate -- >> supervisor peskin: i think actually -- >> i apologize. ordinance amending the plumbing code to add a requirement for the placement and minimum size of building traps and affirming the appropriate findings. >> supervisor peskin: thank you. who do we have here for this earth-shattering piece of legislation? >> steve, from dbi, chief plumbing inspector. this was a clerical error that was missed. it's always been in the code. it's something we're re-entering back into the code for the amendments. i have this section here. put up here, if you want.

section 1008.0, building traps, it gives you everything required for a 4-inch vent and the requirement of a trap. the legislation that we're going for right now is above the 1001.155 that, the location of the traps. >> supervisor peskin: any public comment on item number 1? seeing none, public comment is closed. motion to send this item to the full board with recommendation? moved by supervisor safai. we'll take that without objection. next item, please. >> item 2 is ordering the street vacation of 900 block of francisco street as part of francisco park. >> supervisor peskin: before we hear from mr. banks, i wanted to

put this into context and then i'll say more words about this tomorrow, but this is the long vacant piece of p.u.c. property that was the francisco reservoir that has not been used as a reservoir longer than any of us have been alive in this room. and it was subject of a jurisdictional transfer treatment between the public utilities commission and the parks and rec department. i wanted to acknowledge and remember jan blum, one of the leading forces in that movement, who volunteered in my office from 2001 to 2009 and passed away last week. i just wanted to thank jan blum and her colleagues in their tireless effort to turn this into san francisco's newest francisco park in the middle of those properties which by the way have yet to be transferred

by the p.u.c. to the rec and part. it's a paper street. it's never been built. but it only exists on paper this is summary vacation of that. and with that, on behalf of public works specifically the county surveyor, mr. stores who is over there, mr. banks, the floor is yours. >> thank you. good afternoon, chairman peskin as well as distinguished members of the board. this legislation is to conditionally vacate francisco street. currently this portion of the street is underdeveloped dedicated public right of way tt that is bound by accesser block 0046 to the north, and accessory block 0047 to the south.

the vacation is part of the process of creating, as you mentioned, a new francisco park which is located at the site of the reservoir. by vacationing the street, the rec and park department will be able to create a single parcel for the park by merging ab0046 and assessor block 0047 and the vacated area that will allow rec and park to maintain the park. the vacation is conditioned on the successful transfer of the abudding parcels, 0046 and 0047 from the san francisco public utilities commission to the recreation and parks department. now, in the event that the abutting parcels are not transferred to rec and park, the vacation and the transfer of the

street shall not occur. the jurisdictional transfer is expected to occur by 2026. >> supervisor peskin: thank you, mr. banks. any questions or comments from committee members? any comments from staff or supervisor stefani, within whose district this falls? any public comment on item number 2? mr. banks, i think we're opening it up for public comment. you're go to go for now. mr. wright? >> i agree with the improvements for the park. this is not the first time i've done this. i've done this before to remove a person's name by the name of feeling from two locations within the city. his name was on the street within san francisco and his name was in a park that is located in san francisco. as a result, a hearing took place that started off just like this and ended up going to the board of appeals and the appeals court ruled in favor of the

petition. which was led by the president of the board of supervisors now. as a result, mr. feeling's name was taken off a park, because of his history of racism against asian people and making statements he wanted california to be all white. i spoke up to that. my problem is, why do we have feeling statue on the inside of the front two doors of the building here at city hall? i made that point before and i'm stressing it again. there is no way his statue should be on the inside of the two front doors of city hall when we removed his name from the city street and the city park because of his history of racism. >> supervisor peskin: thank you, sir. are there any other members of the public who would like to testify on item number 2? seeing none, public comment is

closed. colleagues, is there a motion for item number 2? moved, i will assume that is a motion to send this to the full board with recommendation made by supervisor hay. can you read items 3 through 5 together. >> item number 3 is ordinance approving the agreement between the city and county of san francisco and syts investments. item 4 is establishing the cayuga special use district. one more. item number 5 is an ordinance amending the zoning map to change the zoning district and making it appropriate -- making appropriate findings. >> supervisor peskin: thank you.

so these three instruments have been brought to us by supervisor safai. i've been briefed by the office of economic and workforce development. this is an exciting project. with that, supervisor safai? >> supervisor safai: thank you, mr. chair. i'm going to say some opening remarks. i want to point out first we're going to make a slight legislative adjustment recommended by the planning commission. it was noticed later in the process, items 3-5, the first two ordinances talk about establishing the cayuga special use district and we amended the zoning map and the planning code, but there was erroneous reference to two lots, 039 and 011c. and there is only one, 011c.

we've stricken it and it's recommended by the planning commission. wanted to point out that technical thing. that was a slight adjustment. >> supervisor peskin: i assume because we're deleting a numbered on not adding new numbers, no new notice is required? city attorney is nodding his head in the affirmative. >> and speaking in the affirmative, yes, this does not require a continuance. >> supervisor safai: so it's now just one lot. i want to say this is a pretty momentous event. this project has proposed and will build 50% of its units below market rate. that is also one of the most aggressive bmr projects in the city's history. we are beating the ami levels in the project of the proposed home

sf program. 10% will be at 65, 10% at 80, which is better than the home sf program. this family has done work in this neighborhood, but never a project of this scale. owned this parcel all the way back to 2009 and always talked about doing special for the residents of this neighborhood and the city as way to give back. as an immigrant family that started with pretty much zero in the 80s and started out small-scale development is now doing projects all over san francisco. but this is a legacy project for the family and i wanted to take the time to recognize the family for what they're doing here. it's a major gift to the city of san francisco. and the citizens and the residents of district 11. we will fight for neighborhood preference, 40% of the -- set aside for neighborhood preference. there is no public money in this

project. and it will be the first family affordable housing ever in the history of district 11. we do have some wonderful projects in the pipeline, that are 100% affordable with government funded, but this will be the first. in all the affordable housing in district 11 over the decade, it totals 48 units, we will get 58 units in this project. we just wanted to say we're super excited about this. we spent a lot of time and effort into negotiating this, planning department, dan, aaron and their team, and the lead planner, veronica, and sue for managing the project and

back-and-forth. and listening to the family and ending with the development agreement i think the city can be very proud of. we're very excited today about this project. i know it's moving forward in a way will help to shape and set the ground for other projects in the city. so, thank you, mr. chair, i'll make additional comments, but i'm sorry, veronica flores. >> good afternoon, supervisors. planning department staff. so again these three ordinances relate to the residential housing project at 915 cayuga avenue. 70% of units will be family-sized units. the first ordinance relates to a map amendment to rezone all of the project site. currently, the project site is dually zoned rh-1 and this

ordinance would create uniform zoning for the project site. the second ordinance relates to planning code and map amendment to establish the cayuga special use district. the last ordinance relates to a focused development agreement the city will enter into with the project sponsor due to its very high affordability level. the planning commission heard the items last week on april 11 and adopted a resolution to approve said ordinances with the modification to clarify the lot references as supervisor safai had mentioned. >> good afternoon, chair peskin,

supervisors haney and safai. i took my husband's last name, moving over to the port. i'm a project manager at the office of economic and workforce development. our director ken rich is here with me as well. thank you for your time and consideration of the 915 cayuga project and the focused development agreement. 915 cayuga is before you today for two reasons. first and foremost, the project is delivering 50% affordability through a privately financed development. the delivery of the deeper affordability is captured through this agreement. historically, development agreements have been for large multi-phased developments such as pier 70. 915 cayuga is a single phased single building development. as the planning department shared, 11 of the units will be ami, 35 of the units will be at

100ami. this is in more detail of exhibit c of the development agreement. additional benefit from the focused development agreement is affordable housing performance schedule, exhibit d, to the development agreement. this predetermines review and response periods between the city and the sponsor and requires the project sponsor to increase -- i'd like this note that 915 cayuga alone will increase the number of bmr in the community from 34 units to 92 units. nearly tripling the number of units in the neighborhood. and to echo what supervisor safai shared, this will be privately funded and will allow for neighborhood preference. with respect to the three tenants that are located on the

premises currently, we're working with them to review commercial opportunities on the mission street corridor, with the goal of acquiring space prior to the issuance. the team will now present on the details and design of the project. thank you. >> good afternoon, supervisors. my name is sue, i'm one of the owners owners 915 cayuga. we're proud to offer 50% of the residential units at this project for san francisco's affordable housing market, thereby giving back to the city where my parents started their construction business 40 years ago. my father has been doing business here. our family business takes pride in our development projects

which is why cayuga avenue will be kept in the family. we do not intend on selling it. my parents purchased the lot in 2000 9d. it was a few years ago they decided to offer 50% of the residential units, which is 58 units, for affordable housing in the below market rate inclusionary program. this project is not staffing an offsite affordable housing requirement for another development. this is purely voluntary. this gift to the city of 50% of affordable housing units, the first of its kind in san francisco history, is twice as much as required by home sf. along the same lines, my mother is a passionate local advocate for homeless youth. during the past 20 years, she has been involved with many organizations that focus on giving a helping hand to vulnerable youth, including

latino youths in need and mothers against poverty. erin weir marking five of the market rate units to foster a youth program. in summary, 915 will be a productive addition to the community. i will turn it over to my uncle and rep of the design team. >> thank you. and bless your heart. >> supervisors, i'm also extremely proud to be part of the project and this family. and i'm going to make it quick for you. the biggest challenge in design, if i can -- if i may have the overhead, please, is the fact that on the north side, you know, we have a commercial district. we have put a shadow of a big

building next to it. 65 ocean that is coming up. on the south side we're backed into rh-1 single-family zoning. so the challenge was to see how we can make this large building fit within this block and transition into the rh-1 zoning. this is what you see. we have the south side of the building, we have set back t the -- so thinks the south side. we have set back 25 feet from the rear yards of the rh-1 zoned district homes. we have made sure that the way the units are designed, that they have their living room for most part open to the center court, so we can reduce the amount of issues with privacy and noise and all that.

we feel this is a good project and we have worked with the neighborhood and especially the planning team, we have worked relentlessly for the last 2-3 years to get this through. i'm available for any questions you might have. >> thank you. i just wanted to underscore the point -- i appreciate you mentioning it -- that five of the additional units market rate units will be dedicated to transitional aged youth. that is voluntary on behalf of the family and the work they've done with the john burton foundation. i know there is a few of the individuals that might speak here today. but that's a phenomenal gesture. on top of what is not even reflected in the development agreement here today. so other than that, if there are members of the public that wish to comment on the item, please come forward. you have two minutes to speak.

>> you're on the right track, but i believe i can give information that will make the building more attractive and more housing opportunities. first of all, when you say below market rate and affordable housing, you're saying that it's below market rate at 55% of the median. 55% of the income scale is $45,600. that means everybody's income that is below $45,600 is not included in the inclusionary ordinance that each and everybody voted for to put the inclusionary ordinance on the ballot and vote for in each and every one of your districts. what you're doing by not including these income brackets, which is the majority of the people in transit, are being discriminated against. if you claim you're equal opportunity housing organization, but then you turn around and discriminate and

violate constitutional law whose citizens' income is below the income of $45,600. now, there is a 144 units being built for $56 million. and by the same response, it's for all incomes. okay, i move to have you use this example right here and with $11 billion that you get in return in taxes -- [bell ringing] -- and also the $500 million that you're getting from newsom, you could build nine of these apartment complexeses. by the same response, you can build it on top of each other and make 27 story unit complex. that will not only put a dent in the homeless population, but veterans, amputees, people in

wheelchairs and any other -- [bell ringing]. >> thank you, next speaker. >> good afternoon. my name is wesley. i'm with john burton advocates for youth, founded by former state senator john burton. we work to improve the lives of youth, those in foster care, the juvenile probation system. i'm here to speak in support of the project. this will provide critical support for former foster youth in san francisco. as you know, children and youth are in the foster system. in addition to the trauma, they experience additional challenges such as multiple placements and school changes. together, these experiences place barriers for foster youth to earn long-term financial security. this will provide five units for youth to live and provide a safe foundation for them to pursue

their future. organization works closely with sf city college and san francisco state university. we expect youth will be benefit. a nonprofit housing provider will provide supportive services to ensure that youth receive assistance and support. this model has been implemented across california successfully. thank you for your consideration of the request. i urge your support for this proposal. >> thank you. next speaker, please. >> i'm here in the advocacy for the foster youth for this housing project specifically speaking on behalf of the foster children -- or the youth that will be transitioning out of foster home into adulthood. there was a survey done on may 26, 2017 that said over 20,000 children who age out of the

foster care system will become homeless. i was one of those children in 2009, specifically for los angeles. and speaking on behalf of someone who comes from los angeles, i witnessed that a lot of youth in foster care are people of color, african-american, latino, and immigrant youth who face foster care. with this housing project and this opportunity to provide housing to youth who are transitioning out, it will prevent them from following what i had to do. i became homeless at the age of 18, right after my time in foster care. i had to get back on my feet. i had to find a job. i became homeless with my immigrant mother for three months and then i made the decision to go back to school. now i'm at san francisco state university. i am one of those youth who need housing and who needs this kind of opportunity. and i'm totally for this housing

project and -- yeah, that will be my time. thank you. >> thank you. next speaker, please. >> i live in the cayuga neighborhood behind the proposed development. i want to thank supervisor safai for championing this project. i think it's going to be a great addition to the neighborhood. my issue for this particular board, i already spoke in front of the planning council, is transportation. right now, there are 66 proposed parking spaces and green trip suggested that the real number to satisfy their criteria is more like 114. i think that it is part of this, there ought to be some consideration full consideration of the impact on the neighborhood of the parking that is there now. i spoke to merchants on mission and they say that people have no

place to park, so there is a lot of boarded up places that could benefit from parking. competition for the neighborhood is outside of the city of san francisco, where there is downtown parking spaces. so just request that you seriously consider putting in additional parking structures there. as far as the neighborhood is concerned, many of the families have live at home adult children that take additional parking spaces and also, there is a lot of ride-share drivers, über and lyft in the neighborhood that help to supplement their income. so it is a matter of making that space more affordable. thank you. >> before the next speaker, i want to say for the record, we spent a considerable amount of time working with the planning department and the project sponsor. there is the ability in the project and the development agreement to expand on demand as more residents