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Home My WebLink About4.10 Annual Review Dev Agmt CITY CLERK File # Da~OJ-[BOJ AGENDA STATEMENT CITY COUNCIL MEETING DATE: September 5,2006 SUBJECT: Annual Review of the following Development Agreements: Opus, Creekside Business Park Dublin Ranch Area A-H Dublin Ranch Phase I Dublin Ranch Supplemental Areas F, G, and H Schaefer Heights Greenbriar Homes Communities Phase II Toll, Dublin Ranch, Area A, Neighborhoods A-6 & A-7 Toll, Dublin Ranch, Area A, Neighborhood A-I Toll, Dublin Ranch, Area G, Neighborhood H-l Toll, Dublin Ranch, Area G, Neighborhood H-2 Toll, Dublin Ranch, Area G, Neighborhood MH-l Toll, Dublin Ranch, Area G, Neighborhood MH-2 Toll, Dublin Ranch, Area A, Neighborhood A-4 Toll, Dublin Ranch, Area A, Neighborhood A-5 Transit Center Master Fairway Ranch Master Fairway Ranch Senior Housing Fairway Ranch Multi Family Fairway Ranch Condominium Toll, Dublin Ranch, Area A, Neighborhood A2 Toll, Dublin Ranch, Area A, Neighborhood A3 Greenbriar Homes Communities Phase III IKEA Avalon Bay, Transit Center Site B Quarry Lane School EAH, Transit Center Site A-2 Pulte, Dublin Ranch Area F Western Pacific Housing, Transit Center Site E-l Dublin RE Investors, LLC, Fallon Village Toll, Sorrento, Dublin Ranch Area F West Pfeiffer Ranch Investors, Silvera Ranch AMB Property Corporation, West Dublin Transit Village Report Prepared by: Jeri Ram, Community Development Director COPY TO: Developers In-House Distribution File Page 1 of 4 ITEMNO.~ C:\Documents and Settings\christinarDUBDOM\Desktop\FORM-agenda statement NEW.doc ATTACHMENTS: RECOMMENDATION: -, ~, '\ " ,'"'l ',1\ " I... 1. Resolution concluding the Annual Review of the Development Agreements (copies of the Development Agreements are available for review in the Community Development Department) 1. Receive staff presentation. 2. Adopt Resolution finding that the developers have complied in good faith with the terms and provisions ofthe following Development Agreements and conclude the Annual Review Period for: Opus, Creekside Business Park; Dublin Ranch Area A-H; Dublin Ranch Phase I; Dublin Ranch - Supplemental DA Areas F, G, and H; Schaefer Heights; Greenbriar Homes Communities Phase II; Toll, Dublin Ranch, Area A, Neighborhoods A-6 & A-7; Toll, Dublin Ranch, Area A, Neighborhood A-l; Toll, Dublin Ranch, Area G, Neighborhood H-l & H-2;' Toll, Dublin Ranch, Area G, Neighborhood MH-l & MH-2; Toll, Dublin Ranch Area A, Neighborhood A-4 & A-5; Transit Center Master; Fairway Ranch, Master; Fairway Ranch, Senior Housing Component; Fairway Ranch, Multifamily; Fairway Ranch, Condominium; Toll, Dublin Ranch Area A, Neighborhood A-2 & A-3; Greenbriar Homes Communities Phase III; IKEA; Avalon Bay, Transit Center Site B; Quarry Lane School; EAR, Transit Center Site A-2;Pulte, Dublin Ranch Area F; Dublin RE Investors, LLC, Fallon Village; Toll, Sorrento, Dublin Ranch Area F West; Western Pacific Housing, Transit Center Site E-l; Pfeiffer Ranch Investors, Silvera Ranch; AMB Property Corporation, West Dublin Transit Village. FINANCIAL STATEMENT: The fiscal impacts ofthese projects were addressed as part of a fiscal analysis performed for the approved projects. DESCRIPTION: Background: The Annual Review of Development Agreements is required by State law and Chapter 8.56 of the City's Municipal Code. During the review period, occurring in July each year, the City Council has the opportunity to review the compliance of the parties of the Agreement and either: determine the parties are in compliance and conclude the review; or, if the City Council determines that parties have not complied in good faith, the City Council may modify or terminate the Agreement. The burden of proof of good faith compliance is on the developer. The various City Departments have reviewed the thirty-two Development Agreements, and comments were returned to the Planning Manager. Many of the larger improvements are either bonded or scheduled to be completed as the projects proceed. Staff has concluded that the developers for these 32 projects are proceeding in good faith with the terms of the Development Agreements. If any City Council member has concerns about the compliance of a particular developer, that Development Agreement will be set for a public hearing at a future City Council meeting. Page 2 of 4 Analysis: The following Development Agreements are due for annual review. Below is a brief summary of the state of compliance of the terms of the Development Agreements. Two Development Agreements expired during the process, but are included as a final review of each agreement. "In compliance" indicates that the terms of the Development Agreement are being met and the project is either near completion or moving forward in a positive direction: · Opus, Creekside Business Park - expires 5/13/2007. Project complete. · Dublin Ranch Area A-H - expires 6/29/2019. In compliance. · Dublin Ranch Phase I - expires 6/4/2007. Project complete. · Dublin Ranch - Supplemental Areas F, G & H - expires 6/29/2019. In compliance. · Schaefer Heights - expires 12/31/2006. In compliance. · Greenbriar Homes Communities Phase II - expires 8/21/2006. In compliance. · Toll, Dublin Ranch Area A, Neighborhoods A-6 & A-7 - expires 7/27/2006. In compliance. · Toll, Dublin Ranch Area A, Neighborhood A-I - expires 4/25/2007. In compliance. · Toll, Dublin Ranch Area G, Neighborhood H-l - expires 5/17/2007. In compliance. · Toll, Dublin Ranch Area G, Neighborhood H-2 - expires 5/17/2007. In compliance. · Toll, Dublin Ranch Area G, Neighborhood MH-l - expires 5/17/2007. In compliance. · Toll, Dublin Ranch Area G, Neighborhood MH-2 - expires 5/17/2007. In compliance. · Toll, Dublin Ranch Area A, Neighborhood A-4 - expires 6/4/2008. In compliance. · Toll, Dublin Ranch Area A, Neighborhood A-5- expires 6/4/2008. In compliance. · Transit Center Master Development Agreement - expires 6/13/2008. In compliance. · Fairway Ranch Master Development Agreement - expires 8/15/2008. In compliance. · Fairway Ranch Senior Housing Component - expires 8/15/2008. In compliance. · Fairway Ranch Multifamily - expires 8/15/2008. In compliance. · Fairway Ranch Condominium - expires 8/15/2008. In compliance. · Toll, Dublin Ranch Area A, Neighborhood A-2 - expires 1/2/2009. In compliance. · Toll, Dublin Ranch Area A, Neighborhood A-3 - expires 1/2/2009. In compliance. Page 3 of 4 · Greenbriar Homes Communities Phase III - expires 5/27/2009. In compliance. . IKEA - expires 7/16/2009. In compliance. . Avalon Bay, Transit Center Site B - expires 4/29/2010. In compliance. . Quarry Lane School- expires 6/24/2010. In compliance. · EAR, Transit Center Site A-2 - expires 6/30/2010. In compliance. · Pulte, Dublin Ranch Area F - expires 7/18/2010. In compliance. · Western Pacific Housing, Transit Center Site E-l - expires 10/4/2010. In compliance. · Dublin RE Investors, LLC, Fallon Village - expires 1/17/2011. In compliance. · Toll, Sorrento, Dublin Ranch Area F West expires 2/16/2011. In compliance. · Pfeiffer Ranch Investors, Silvera Ranch - expires 6/9/2011. In compliance. · AMB Property Corporation, West Dublin Transit Village - expires 6/3/2014. In compliance. Conclusion: Staff has determined that all ofthe Developers for the above mentioned Development Agreements have complied in good faith and/or are progressing toward full conformance with the terms and conditions of the Development Agreements during the past year. Staffwill continue monitoring the projects to assure that the Developers are continuing to move toward full compliance. RECOMMENDATION: Receive staff presentation, question staff and adopt a Resolution finding that the developers of the thirty- two (32) Development Agreements listed above have complied in good faith with the terms and conditions of the Agreements during the past year and conclude the period of review. Page 4 of 4 lof! RESOLUTION NO. - 06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* ANNUAL REVIEW OF DEVELOPMENT AGREEMENTS WHEREAS, the annual review of the Development Agreements is required by State law and Chapter 8.56 of the City's Municipal Code; and WHEREAS, during the review period, occurring in July of each year, the City Council has the opportunity to review the compliance of the parties of the Agreement and either determine the parties are in compliance and conclude the review or, if the City Council determines that parties have not complied in good faith, the City Council may set the item for a public hearing and modify or terminate the Agreement; and WHEREAS, the burden of proof of good faith compliance is on the developer; and WHEREAS, the appropriate City Departments have reviewed the following thirty-two (32) Development Agreements and comments were returned to the Planning Manager: Opus, Creekside Business Park; Dublin Ranch Area A-H; Dublin Ranch Phase I; Dublin Ranch - Supplemental DA Areas F, G, and H; Schaefer Heights; Greenbriar Homes Communities Phase II; Toll, Dublin Ranch, Area A, Neighborhoods A-6 & A-7; Toll, Dublin Ranch, Area A, Neighborhood A-l; Toll, Dublin Ranch, Area G, Neighborhood H-l; Toll, Dublin Ranch, Area G, Neighborhood H-2; Toll, Dublin Ranch, Area G, Neighborhood MH-l; Toll, Dublin Ranch, Area G, Neighborhood MH-2; Toll, Dublin Ranch Area A, Neighborhood A-4; Toll, Dublin Ranch Area A, Neighborhood A-5; Transit Center - Master DA; Fairway Ranch Master; Fairway Ranch, Senior Housing Component; Fairway Ranch, Multifamily; Fairway Ranch, Condominium; Toll, Dublin Ranch Area A, Neighborhood A-2; Toll, Dublin Ranch Area A, Neighborhood A-3; Greenbriar Homes Communities Phase III; IKEA; Avalon Bay, Transit Center Site B; Quarry Lane School; EAR, Transit Center Site A-2; Pulte, Dublin Ranch Area F; Dublin RE Investors, LLC, Fallon Village; Toll, Sorrento, Dublin Ranch Area F West; Western Pacific Housing. Transit Center Site E-l; Pfeiffer Ranch Investors, Silvera Ranch; AMB Property Corporation, West Dublin Transit Village; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin has concluded the review period and determined that the developers for these thirty-two (32) projects are proceeding in good faith with the terms of the Development Agreements. PASSED, APPROVED AND ADOPTED this 5th day of September, 2006, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk - 1 - Lf. /0 (1/5/00