HomeMy WebLinkAboutItem 4.04 Dev Agmt Annual Reviewti~~
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CITY CLERK
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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.
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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
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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 _ ~ _
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