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Home My WebLink About4.04 Dev Agmt Annual Reviewti~~ ~_ ~~1~ \~`~/,,' CITY CLERK File # ^~~~-~~ AGENDA STATEMENT CITY COUNCIL MEETING DATE: September 2, 2008 SUBJECT: Annual Review of the following Development Agreements: Dublin Ranch Area A-H Dublin Ranch Supplemental DA -Areas F, G and H Toll, Dublin Ranch, Area A, Neighborhoods A6 & A7 Transit Center -Master DA Fairway Ranch 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 AMB/Legacy Partners, West Dublin Transit Village Greenbriar Homes Communities -Phase III IKEA EAH, Transit Center Site A-2 Avalon Bay, Transit Center Site B Quarry Lane School Pulte, Dublin Ranch Area F Dublin RE Investors, LLC -Fallon Village Sorrento, Dublin Ranch Area F West Western Pacific Housing, Transit Center Site E-1 Pfeiffer Ranch Investors, Silvera Ranch Lowe's Standard Pacific, Dublin Ranch F-1 Gateway Medical Group Sorrento East/SR Structured Lot Options Grafton Station Dublin Ranch Amendment to the Master Agreement Arroyo Vista Report Prepared by Gaylene Burkett, Administrative Aide COPY TO: Developers In-House Distribution File Page 1 of 4 G:\DevAgmts\2008\staff report 8-26-08.doc ITEM NO. 0~~ 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: 1) 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: Dublin Ranch Area A-H; _ n Dublin Ranch Supplemental DA -Areas F, G and H; Toll, Dublin (_~, Ranch, Area A, Neighborhoods A6 & A7; Toll, Transit Center -Master DA; Fairway Ranch; 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; AMB/Legacy Partners, West Dublin Transit Village; Greenbriar Homes Communities -Phase III; IKEA; EAH, Transit Center Site A-2; Avalon Bay, Transit Center Site B; Quarry Lane School; Pulte, Dublin Ranch Area F; Dublin RE Investors, LLC -Fallon Village; Sorrento, Dublin Ranch Area F West; Western Pacific Housing, Transit Center Site E-1; Lowe 's; Standard Pacific, Dublin Ranch F-1; Gateway Medical Group; Sorrento East/SR Structured Lot Options; Grafton Station; Dublin Ranch Amendment to the Master Agreement and Arroyo Vista FINANCIAL STATEMENT: The fiscal impacts of these projects were addressed as part of a fiscal analysis performed for the approved projects. DESCRIPTION: 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 28 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 was able to conclude that 27 developers are proceeding in good faith with the terms of the Development Agreements. One development, Silvera Ranch, requires further Staff review before full compliance can be determined. 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 were 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: Page 2 of 4 • Dublin Ranch Area A-H -expires 6/29/2019 - in compliance • Dublin Ranch Supplemental DA -Areas F, G and H -expires 6/29/2019- in compliance • Toll, Dublin Ranch, Area A, Neighborhoods A6 & A7 -expires 11/17/2008- in compliance • Transit Center -Master DA -extended two years -expires 6/13/2010- in compliance • Fairway Ranch -expired after review period - 8/15/2008- in compliance • Fairway Ranch Senior Housing Component -expires 8/15/2008- in compliance • Fairway Ranch Multifamily -expired after review period - 8/15/2008- in compliance • Fairway Ranch Condominium -expired after review period - 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 • AMB/Legacy Partners, West Dublin Transit Village, expires 6/4/2014- in compliance • Greenbriar Homes Communities -Phase III -expires 5/27/2009- in compliance • IKEA -Expires 5/6/2009- in compliance • EAH, Transit Center Site A-2 -expires 5/20/2009- in compliance • Avalon Bay, Transit Center Site B -expires 2/17/2010- in compliance • Quarry Lane School -expires 6/16/2010- in compliance • Pulte, Dublin Ranch Area F -expires 8/5/2010- in compliance • Dublin RE Investors, LLC -Fallon Village -expires 1/19/2011- in compliance • Sorrento, Dublin Ranch Area FWest -expires 2/16/2011- in compliance • Western Pacific Housing, Transit Center Site E-1 -expires 3/9/2011- in compliance • Pfeiffer Ranch Investors, Silvera Ranch -expires 6/9/2011- compliance is under review by Staff. A further report will be provided at a future City Council meeting. • Lowe's -expires 10/5/2011- in compliance • Standard Pacific, Dublin Ranch F-1 -expires 11/2/2011- in compliance • Gateway Medical Group -expires 7/5/2017 • Sorrento East/SR Structured Lot Options -expires 11/1/2012 • Grafton Station -expires 9/20/2012 • Dublin Ranch Amendment to the Master Agreement -expires 6/21/2020 • Arroyo Vista In some cases, if a Development Agreement has expired, there may nonetheless be conditions that survive the expiration of the Agreement. Page 3 of 4 For the Silvera Ranch development, Staff must complete further review of the terms of the Agreement and engage in discussions with the Developer before concluding the review. Therefore, this development's review has not been completed, and Staff will bring back the review before the City Council at a later date. CONCLUSION: Staff has determined that twenty-seven 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: 1) Adopt Resolution finding that the following developers have complied in good faith with the terms and provisions of the following Development Agreements: Dublin Ranch Area A-H; Dublin Ranch Supplemental DA -Areas F, G and H; Toll, Dublin Ranch, Area A, Neighborhoods A6 & A7; Toll, Transit Center -Master DA; Fairway Ranch; 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; AMB/Legacy Partners, West Dublin Transit Village; Greenbriar Homes Communities -Phase III; IKEA; EAH, Transit Center Site A-2; Avalon Bay, Transit Center Site B; Quarry Lane School; Pulte, Dublin Ranch Area F; Dublin RE Investors, LLC -Fallon Village; Sorrento, Dublin Ranch Area F West; Western Pacific Housing, Transit Center Site E-1; Lowe's; Standard Pacific, Dublin Ranch F-1; Gateway Medical Group; Sorrento East/SR Structured Lot Options; Grafton Station; Dublin Ranch Amendment to the Master Agreement and Arroyo Vista; and conclude the Annual Review Period for 2008 for these developments. Page 4 of 4 ~ I RESOLUTION NO. XX - 08 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 demonstrating good faith compliance with the agreement 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: Dublin Ranch Area A-H; Dublin Ranch Supplemental DA -Areas F, G and H; Toll, Dublin Ranch, Area A, Neighborhoods A6 & A7; Transit Center -Master DA; Fairway Ranch; 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; AMB/Legacy Partners, West Dublin Transit Village; Greenbriar Homes Communities -Phase III; IKEA; EAH, Transit Center Site A-2; Avalon Bay, Transit Center Site B; Quarry Lane School; Pulte, Dublin Ranch Area F; Dublin RE Investors, LLC -Fallon Village; Sorrento, Dublin Ranch Area F West; Western Pacific Housing, Transit Center Site E-1; Pfeiffer Ranch Investors, Silvera Ranch; Lowe's; Standard Pacific, Dublin Ranch F-1; Gateway Medical Group; Sorrento East/SR Structured Lot Options; Grafton Station; Dublin Ranch Amendment to the Master Agreement and Arroyo Vista; and WHEREAS, one development, Silvera Ranch, requires further Staff review before the annual review can be completed. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin has concluded the review period and determined that twenty-seven of the twenty-eight developers, with Pfeiffer Ranch Investors being the exception due to necessary further review, are proceeding in good faith with the terms of the Development Agreements, and PASSED, APPROVED AND ADOPTED this 2nd day of September, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk G:\DevAgmts\2008\08 resolution - 8-26-08.DOC _ ~ _ ~~-e~,.~~ U'y ~~~~$ ATTACHMENT 1