HomeMy WebLinkAboutItem 4.07 Dev Agmts Annual RevG`~~ OF DU~~ti
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~9~~;~f~ STAFF REP4RT C 1 T Y C L E R K
~l~,,C?~,~~ DUBLIN CITY COUNCIL Fiie #^~~ QD-~~
DATE: September 21, 2010
TO: Honorable Mayor and City Councilmembers
FROM: Joni Pattillo, City Manager
SUBJ . Annual Review of the following Development Agreements: Dublin Ranch Area A-
H; Dublin Ranch Supplemental DA, Areas F, G and H; AMB/Legacy Partners, West Dublin
Transit Village; Stockbridge/BHV Emerald Place - Green on the Park (formerly IKEA); Dublin
RE Investors, LLC, Fallon Village; Sorrento, Dublin Ranch Area F West; Western Pacific
Housing, Transit Center Site E-1; Transit Center, Master DA; Lowes; Standard Pacific, Dublin
Ranch F-1; Gateway Medical Group/Triad; Sorrento East/SR Structured Lot Options; Grafton
Station; Dublin Ranch Amendment to the Master Agreement; Standard Pacific (Fallon
Crossings); Schaefer Ranch South; Watlis Ranch; and Springfield Montessori.
Prepared By: Gaylene Burkett, Administrative Analyst 1
EXECUTIVE SUMMARY: Staff has determined that in regards to compliance with the above
mentianed Development Agreements, other than Pfeiffer Ranch Investors for the Silvera Ranch
project, all other Developers 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 all of the projects to assure that the Developers are
continuing to move toward full compliance.
FINANCIAL IMPACT: The fiscal impacts of these projects were addressed as part of a fiscal
analysis performed for the approved projects.
RECOMMENDATION: Adopt Resolution finding that 1) 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; AMB/Legacy Partners,
West Dublin Transit Village; Stockbridge/BHV Emerald Place - Green on the Park (formerly
IKEA); Dublin RE Investors, LLC, Fallon Village; Sorrento, Dublin Ranch Area F West; Western
Pacific Housing, Transit Center Site E-1; Transit Center, Master DA; Lowes; Standard Pacific,
Dublin Ranch F-1; Gateway Medical GrouplTriad; Sorrento EastISR Structured Lot Options;
Grafton Station; Dublin Ranch Amendment to the Master Agreement; Standard Pacific (Fallon
Crossings); Schaefer Ranch South; Wallis Ranch; and Springfield Montessori; and 2) conclude
the Annual Review Period for 2010 for the Development Agreements that are in compliance.
G--
Submitted by: Revi y:
Community Development Director Assistant City Manager
Page 1 of 3 ITEM NO. ~~
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/August of each year,
Staff reviews the development agreements to ensure compliance to the terms of the
Agreements. Following that review, Staff recommends to the City Council to either: determine
the parties are in compliance and conclude the review; or, determine that the parties have not
complied in good faith, then the City Council may modify or terminate the Agreement. The
burden of demonstrating good faith compliance is on the developer. Under Chapter 8.56.140 of
the Zoning Ordinance, any Councilmember or Staff may request that the matter of compliance
be considered at a separate public hearing. Such a public hearing is required prior to the City
Council making a finding that a developer has not complied in good faith with the Agreement
and modifying or terminating the Agreement.
The various City Departments have reviewed the active Development Agreements, and
comments were returned to the Community Development Director_ 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 projects are proceeding in good faith with the
terms of the Development Agreements, with the possible exception of Pfeiffer Ranch Investors
II, Inc. (an entity controlled by Pinn Brothers) for the Silvera Ranch project. This project is
under discussion and not included in this review.
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:
• Dublin Ranch Area A-H, expires 6/29/2019 - In compliance
• Dublin Ranch Supplemental Development Agreement, Areas F, G and H, expires
6/29/2019 - In compliance
• AMB/Legacy Partners, West Dublin Transit Village, expires 6/4/2014 - In compliance
• Stockbridge/BHV Emerald Place - Green on Park Place -(formerly IKEA), expires
11/18/2013 - In compliance
• Dublin RE Investors, LLC, Fallon Village, expires 1/19/2011 - In compliance
• Sorrento, Dublin Ranch Area F West, expires 2/16/2011 - In compliance
• Western Pacific Housing, Transit Center Site E-1, expires 3/9/2011 - In compliance
• Transit Center, Master Development Agreement, expires 6/13/2011 - In compliance
• Pfeiffer Ranch Investors, Silvera Ranch, expires 6/9/2011 - Under Review, not
included in this report
• Lowe's, expires 10/5/2011 - In compliance
• Standard Pacific, Dublin Ranch F-1, expires 11 /2/2011 - In compliance
Page 2 of 3
• Gateway Medical GrouplTriad, expires 7/5/2017 - In compliance
• Sorrento East/SR Structured Lot Options, expires 11/1/2012 - In compliance
• Grafton Station, expires 9/20/2012 - In compliance
• Dublin Ranch Amendment to the Master Agreement, expires 6/2112020 - In compliance
• Standard Pacific (Fallon Crossings) - expires 11/18/2013 - In compliance
• Schaefer Ranch South - expires 11/18/2013 - In compliance
• Wallis Ranch - expires 2/19/2024 - fn compliance
• Springfield Montessori - expires 6/3/2014 - In compliance
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
On July 9, 2010, formal notification of the annual review period was sent to the parties of the
Development Agreements.
ATTACHMENTS: 1. Resolution finding that the following developers having obligations
under the following Development Agreements have complied in
good faith with the terms and provisions of those Agreements and
concluding the 2010 annual review for those agreements: Dublin
Ranch Area A-H; Dublin Ranch Supplemental DA, Areas F, G and
H; AMB/Legacy Partners, West Dublin Transit Village;
Stockbridge/BHV Emerald Place - Green on the Park (formerly
IKEA); Dublin RE Investors, LLC, Fallon Village; Sorrento, Dublin
Ranch Area F West; Western Pacific Housing, Transit Center Site
E-1; Transit Center, Master DA; Lowes; Standard Pacific, Dublin
Ranch F-1; Gateway Medical Group/Triad; Sorrento EasUSR
Structured Lot Options; Grafton Station; Dublin Ranch Amendment
to the Master Agreement; Standard Pacific (Fallon Crossings);
Schaefer Ranch South; Wallis Ranch; and Springfield Montessori.
C::\DevAgrnts\2010\Stafl~ Report 9-21-10-inc( CA revie~a.1X~
Page 3 of 3
1 ~~ ~
RESOLUTION NO. XX -10
A RESOLUTION QF THE CtTY COUNCIL
OF THE CITY OF DUBLIN
***x*****************x
FINDING THAT THE DEVELOPERS HAVING OBLIGATIONS UNDER THE FOLLOWING
DEVELOPMENT AGREEMENTS HAVE COMPLIED IN GOOD FAITH WITH THE TERMS AND
PROVISIONS OF THQSE AGREEMENTS AND CONCLUDING THE 2010 ANNUAL REVIEW
FOR THOSE AGREEMENTS: DUBLIN RANCH AREA A-H; DUBLIN RANCH SUPPLEMENTAL
DA, AREAS F, G AND H; AMB/L.EGACY PARTNERS, WEST DUBLIN TRANSIT VILLAGE;
STOCKBRIDGE/BHV EMERALD P~1~CE - G~tEEN ON THE PARK {F4RMERLY IKEAj; DUBLIN
RE INVESTORS, LLC, FALLON VILLAGE; SORRENTO, DUBLIN RANCH AREA F WEST;
WESTERN PACIFIC HOUStNG, TRANSIT CENTER SITE E-1; TRANStT CENTER, MASTER
DA; LOWES; STANDARD PACIFIC, DUBLIN RANCH F-1; GATEWAY MEDICAL
GROUP/TRIAD; SORRENTO EAST/SR STRUCTURED LOT OPTIONS; GRAFTON STATION;
DUBLIN RANCH AMENDMENT TO THE MASTER AGREEMENT; STANDARD PACIFIC
(FALLON CROSSINGSj; SCHAEFER RAtVCH SOUTH; WALLiS RAPiCH; AIdD SPRINGFtELD
MONTESSORI.
WHEREAS, the annual review of the City of Dublin's Development Agreements is required
by State law and Chapter 8.56 of the City's Municipal Code; and
WHEREAS, during the review periad, occurring in July/August of each year, StafF reviews
the development agreements to ensure compliance to the terms of the Agreements; and
WHEREAS, following that review, Staff recommends to the City Council to either: determine
the parties are in compliance and conclude the review; or, determine that the parties have not
complied in good faith, then the City Council may 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 Development
Agreements and comments were returned to the Community Development Director: Dublin Ranch
Area A-H; Dublin Ranch Supplemental DA, Areas F, G and H; AMB/Legacy Partners, West Dublin
Transit Vi!lage; Stockbridge/BHV Emera/d Place - Green on the Park (former/y IKEA); Dublin RE
Investors, LLC, Fallon Village; Sorrento, Dublin Ranch Area F West; Western Pacific Housing,
Transit Center Site E-1; Transit Center, Master DA; Lowe's; Standard Pacific, Dublin Ranch F-1;
Gateway Medical Group/Triad; Sorrento East/SR Structured Lot Options; Grafton Station; Dublin
Ranch Amendment to the Master Agreement; Standard Pacific (Fa//on Crossings); Schaefer
Ranch South; Wallis Ranch; and Spring~eld Montessori.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin has
concluded its review of the above referenced Development Agreements and determined that the
Developers having obligations under to those Development Agreements have demonstrated good
faith compliance with the terms of the Development Agreements.
_, _ y.~ q-i~-~c~
ATTACHMENT 1
a ~' ~
PASSED, APPROVED AND ADOPTED this 21 st day of September, 2010, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
G:~~evAgmts\2010\2010 Resolution-incl CA review.DOC
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