HomeMy WebLinkAbout4.02 DevAgmtsAnnualReviewCITY CLERK
File # ❑®®d-65
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: October 4, 2005
SUBJECT:
ATTACHMENT:
RECOMMENDATION:
Annual Review of the following Development Agreements:
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
Schaefer Heights
Emerald Glen Village Center (Waterford)
Greenbriar Homes Communities 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
AMB Property Corporation (West Dublin Transit Village)
Greenbriar Homes Communities Phase III
IKEA
Report Prepared by: Jeri Ram, Community Development Director
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 of the following
Development Agreements and conclude the Annual Review
Period for: Opus (Creekside Business Park); Dublin Ranch
Area A-H; Dublin Ranch Phase I; Greenbriar Homes
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COPIES TO: In House Distribution
Developers listed in staff report
G:\DevAgmts\2005\staff report 05.doe I cb3 ITEM NO. •
Communities Phase I; Dub/in Ranch - Supplemental DA
Areas F, G, and 11; Schaefer Heights; Rmerald Glen Village
Center (Waterford); Greenbriar Homes Communities Phase
ll; 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, Neighborlwod 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; AMB Property Corporation; Greenbriar Homes
Communities Phase JJl; lKEA
FINANCIAL STATEMENT:
The fiscal impacts of these projects were address cd as part of a fiscal
analysis performcd for the approved projects,
DESCRIPTION:
Background:
The Aimual Review of Development Agreements is required by State law and Chapter 8,56 ofthe City's
Municipal Codc, During the review period the City Council has thc opportunity to review the
compliance of the parties of the Agrecmcnt and either: determine the parties arc in compliance and
conclude the review; or, if the City Council determincs that parties have not complied in good faith, the
City Council may modify or terminate the Agreement. The burden of proof of good fai th compliance is
on thc dcvelopcr,
The various City Departments have reviewed thc twcnty-six Development Agreements, and cominents
were retumed to the Planning Manager, Many ofthc largcr improvements are either bonded or scheduled
to be completed as the projects proceed. Staff has concludcd that the developers for these 26 projccts are
procccding in good faith with the terms of the Development Agreements.
If any City Council member has concerns about the compliancc of a particular developer, that Dcvelopment
Agreement will be set for a public hearing at a future City Council meeting.
Analysis: \,
The following Development Agreements are due for annual rcview, Below is a brief summary ofthc statc
of compliance ofthe terms of the Development Agreements, "In compliance" indicates that the terms of
thc Dcvclopmcnt Agreement are being met and the project is either ncar completion or moving forward in
a positive direction:
· Opus (Creekside Business Park) - expires 5/13107. Project complete,
· Dublin Ranch Area A-H - expires 6/29/19. In compliance.
· Dublin Ranch Phase I - expires 6/4107. Project complete.
· Grcenbriar Homes Communities Phase I - expires 3/26/06. In compliance.
· Dublin Ranch - Supplemcntal Arcas F, G & H - expires 6/29/19. In compliance.
· Schaefer Heights - expires 12/31106. Tn compliance.
2 "ò3
· Emerald Glen Village Center (Waterford) - expires 11/8/05. In compliance.
· Greenbriar Homes Communities Phase JI - expires 8/21/06, In compliance.
· Toll, Dublin Ranch Area A, Neighborhoods A-6 & A-7 - expires 7/27106. In compliance.
· Toll, Dublin Ranch Area A, Neighborhood A-l- expires 4/25/07, In compliance.
· Toll, Dublin Ranch Arca G, Ncighborhood H-I - expires 5/17/07, In compliance,
· Toll, Dublin Ranch Area G, Neighborhood H-2 - expires 5/17107. In compliancc,
· Toll, Dublin Ranch Area G, Neighborhood MH-I - expires 5/I 7/07, In compliance.
· Toll, Dublin Ranch Area G, Neighborhood MH-2 - expires 5/I 7/07. In compliancc,
· Toll, Dublin Ranch Arca A, Neighborhood A-4 - expires 6/4/08, In compliance.
· Toll, Dublin Ranch Arca A, Neighborhood A-5- expires 6/4/08. In compliance.
· Transit Center Master Development Agreemcnt - cxpires 6/I 3108. In compliance,
· Fairway Ranch Master Developmcnt Agreement - expires 8/15/08, In compliance.
· Fairway Ranch Senior Housing Component - expires 8/I 5/08. In compliance.
· Fairway Ranch Multifamily - expires 8/15/08. In compliance.
· Fairway Ranch Condominium - expires 8/15108. In compliancc.
· Toll, Dublin Ranch Area A, Neighborhood A-2 - expires 1/2109. In compliance,
· Toll, Dublin Ranch Area A, Neighborhood A-3 - expires 1/2/09. In compliancc.
· AMB Property Corporation, West Dublin Transit Village - expires 6/3/2014. In compliance.
· Greenbriar Homes Communities Phase III - expires 5/27/2009. In compliance.
· IKEA - expires 7/16/09. In compliance.
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:
Recei ve staff presentation, question staff and adopt a Resolution finding that the developers of the twenty-
six (26) Development Agreements listed abovc have complied in good faith with the terms and conditions
of the Agreements during the past year and concludc the period of review.
3~3
RESOLUTION NO. - 05
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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ANNUAL REVIEW OF DEVELOPMENT AGREEMENTS
WHEREAS, the annual rcvicw of the Development Agreements is rcquired by State law and
Chaptcr 8,56 of the City's Municipal Code; and
WHEREAS, during thc rcvicw period the City Council has thc opportunity to review the
compliance of the parties of the Agreement and either dctermine the parties are in compliancc and
conclude the review or, if the City Council determines that parties have not complied in good faith, the
City Council may sct thc itcm for a public hearing and modify or terminatc the Agreement; and
\VHEREAS, the burden of proof of good faith compliance is on the devclopcr; and
\VHEREAS, the appropriate City Departmcnts have reviewed the fol1owing twcnty-six (26)
Development Agrecments and commcnts were returned to the Planning Manager: Opus (Creekside
Business Park); Dublin Ranch Area A-H; Dublin Ranch Phase J; Greenbriar Homes Communities Phase
J; Duhlin Ranch ..... Supplemental DA Areas P, G, and H; Schaefer Heights; Emerald Glen Village Center
(Wateiford); Greenbriar Homes Communities Phase Jl; Toll, Dublin Ranch, Area A. Neighborhoods A~6
& A-7; Toll, Dublin Ranch, Area A, Neighborhood A-I; Toll, Dublin Ranch, Area G, Neighborhood II-I;
Toll, Dublin Ranch, Area G, Neighborhood 11-2; Toll, Dublin Ranch, Area G, Neighborhood MH-J;
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, Multifami~v; Fairway Ranch,
Condominium; Toll, Dublin Ranch Area A, Neighborhood A-2; Toll, Dublin Ranch Area A,
Neighborhood A-3; AMB Property Corporation, West Dublin Transit Village; Greenbriar Homes
Communities Phase JJJ; JKEA
NOW, THEREFORE BE IT RESOLVED that the City of Dublin Staff has concluded the
review pcriod and detcrmined that the developers for these twenty-six (26) projects are proceeding in
good faith with the ternlS ofthe Development Agreements.
PASSED, APPROVED AND ADOPTED this 4th day ofOctobcr, 2005.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
ATTACHMENT 1
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