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Home My WebLink About4.08 DevAgmentsAnnualReviewCITY CLERK File # 1:1606-®2 AGENDA STATEMENT CITY COUNCIL MEETING DATE: September 21, 2004 SUBJECT: Annual Review of the following Development Agreements: Santa Rita Commercial Center (Tri-Valley Crossings/Homart) Opus (Creekside Business Park) Dublin Ranch Area A-H Dublin Ranch Phase I Greenbriar Homes Communities Phase I Dublin Ranch Supplemental Areas F, G, and H SPCA Schaefer Heights Sybase Emerald Glen Village Center (Waterford) Commerce One Greenbriar Phase II Toll, Dublin Ranch, Area A, Neighborhoods A-6 & A-7 Toll, Dublin Ranch, Area A, Neighborhood A-1 Toll, Dublin Ranch, Area G, Neighborhood H-1 Toll, Dublin Ranch, Area G, Neighborhood H-2 Toll, Dublin Ranch, Area G, Neighborhood MH-1 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 Agreement 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 (Report Prepared by Jeri Ram, Planning Manager) ATTACHMENT: 1. Resolution concluding the Annual Review of the Development Agreements (copies of the Development Agreements are available for review in the Community Development Department) RECOMMENDATION: Adopt Resolution finding that the developers have complied in qArJ1-"- good faith with the terms and provisions of the following Development Agreements and conclude the Annual Review Period for: Santa Rita Commercial Center(Tri Valley COPIES TO: In House Distribution / Developers listed in staff report l`Y L ITEM NO. Crossings/Homart), Opus(Creekside Business Park), Dublin Ranch Area A-H, Dublin Ranch Phase 1, Greenbriar Homes Communities Phase 1, Dublin Ranch - Supplemental DA Areas F, G, and H, SPCA, Schaefer Heights, Sybase, Emerald Glen Village Center (Waterford), Commerce One, Greenbriar Homes Communities Phase /1, 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, Fairway Ranch Master, Fairway Ranch Senior Housing Component, Fairway Ranch Multifamily, Fairway Ranch Condominium, Toll, Dublin Ranch Area A, Neighborhood A-2 & A-3 FINANCIAL STATEMENT: The fiscal impacts of these projects were addressed as part of a fiscal analysis performed for the approved projects. 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 the City Council has the opportunity to review the compliance ofthe 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 twenty-seven 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 27 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. 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. "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: · Santa Rita Commercial Center (formally known at Homart, now known as Hacienda Crossings RetaillEntertainrnent Commercial Center) - expires 1/31/05. In compliance · Opus (Creekside Business Park) - expires 5/13/07. In compliance · Dublin Ranch Area A-H ~ expires 6/29/19. In compliance · Dublin Ranch Phase I - expires 6/4/07. In compliance 2l1[)Lf · Greenbriar Homes Communities Phase I - expires 3/26/06. City is withholding acceptance until improvements have been made. In compliance · Dublin Ranch - Supplemental Areas F, G & H - expires 4/18/05. In compliance · SPCA - expires 8/7/05. In compliance · Schaefer Heights - expires 12/31/06. In compliance · Sybase - expires 8/7/05. In compliance · Emerald Glen Village Center (Waterford) - expires 11/8/05. In compliance · Commerce One - expires 11/7/06. In compliance · Greenbriar Homes Communities Phase II ~ expires 8/21/06. City is withholding acceptance until improvements have been completed. - In compliance · Toll, Dublin Ranch Area A, Neighborhoods A-6 & A-7 - exþires 7/27/06. In compliance · Toll, Dublin Ranch Area A, Neighborhood A-l- expires 4/25/07. In compliance · Toll, Dublin Ranch Area G, Neighborhood H-l - expires 5/17/07, In compliance · Toll, Dublin Ranch Area G, Neighborhood H-2 - expires 5/17/07. In compliance · Toll, Dublin Ranch Area G, Neighborhood MH-l - expires 5/17/07. In compliance · Toll, Dublin Ranch Area G, Neighborhood MH-2 - expires 5/17/07. In compliance · Toll, Dublin Ranch Area A, Neighborhood A-4 - expires 6/4/08. In compliance · Toll, Dublin Ranch Area A, Neighborhood A-5- expires 6/4/08. In compliance · Transit Center Master Development Agreement - expires 6/13/08. In compliance · Fairway Ranch Master Development Agreement - expires 8/15/08. In compliance · Fairway Ranch Senior Housing Component - expires 8/15/08. In compliance · Fairway Ranch Multifamily - expires 8/15/08. In compliance · Fairway Ranch Condominium - expires 8/15/08. In compliance · Toll, Dublin Ranch Area A, Neighborhood A-2 - expires 1/2/09. In compliance · Toll, Dublin Ranch Area A, Neighborhood A-3 - expires 1/2/09. In compliance 3"b~ Conclusion: Staff has determined that all of the 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. Staff will continue monitoring the projects to assure that the Developers are continuing to move toward full compliance. RECOMMENDATION: _ adopt a Resolution finding that the developers of the twenty seven (27) 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. G:\Devagmt\staff report 04 4ðtJ'/- I~' RESOLUTION NO. - 04 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 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 twenty eight (28) Development Agreements and comments were returned to the Planning Manager - Santa Rita Commercial Center(Tri Valley Crossings/Homart), Opus(Creekside Business Park), Dublin Ranch Area A-H, Dublin Ranch Phase L Greenbriar Homes Communities Phase L Dublin Ranch ~ Supplemental DA Areas F, G, and H, SPCA, Schaefer Heights, Sybase, Emerald Glen Village Center (Waterford), Commerce One, Greenbriar Homes Communities Phase IL 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 DA, Fairway Ranch Master. Fairway Ranch Senior Housing Component, Fairway Ranch Multifamily, Fairway Ranch Condominium, toll, Dublin Ranch Area A, Neighborhood A-2 & A-3 NOW, THEREFORE BE IT RESOLVED that the City of Dublin Staff has concluded the review period and determined that the developers for these twenty-eight (28) projects are proceeding in good faith with the terms of the Development Agreements. PASSED, APPROVED AND ADOPTED this 17th day of August, 2004. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 4-¿I-o~ If,~ ATTACHMENT 1