HomeMy WebLinkAboutItem 4.10 Annual Review Dev Agmt
CITY CLERK
File # Da~OJ-[BOJ
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: September 5,2006
SUBJECT:
Annual Review of the following Development Agreements:
Opus, Creekside Business Park
Dublin Ranch Area A-H
Dublin Ranch Phase I
Dublin Ranch Supplemental Areas F, G, and H
Schaefer Heights
Greenbriar Homes Communities Phase II
Toll, Dublin Ranch, Area A, Neighborhoods A-6 & A-7
Toll, Dublin Ranch, Area A, Neighborhood A-I
Toll, Dublin Ranch, Area G, Neighborhood H-l
Toll, Dublin Ranch, Area G, Neighborhood H-2
Toll, Dublin Ranch, Area G, Neighborhood MH-l
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
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
Greenbriar Homes Communities Phase III
IKEA
Avalon Bay, Transit Center Site B
Quarry Lane School
EAH, Transit Center Site A-2
Pulte, Dublin Ranch Area F
Western Pacific Housing, Transit Center Site E-l
Dublin RE Investors, LLC, Fallon Village
Toll, Sorrento, Dublin Ranch Area F West
Pfeiffer Ranch Investors, Silvera Ranch
AMB Property Corporation, West Dublin Transit Village
Report Prepared by: Jeri Ram, Community Development Director
COPY TO: Developers
In-House Distribution
File
Page 1 of 4
ITEMNO.~
C:\Documents and Settings\christinarDUBDOM\Desktop\FORM-agenda statement NEW.doc
ATTACHMENTS:
RECOMMENDATION:
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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 ofthe following Development
Agreements and conclude the Annual Review Period for: Opus,
Creekside Business Park; Dublin Ranch Area A-H; Dublin Ranch Phase
I; Dublin Ranch - Supplemental DA Areas F, G, and H; Schaefer
Heights; Greenbriar Homes Communities Phase II; 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; Fairway Ranch, Master; Fairway Ranch, Senior Housing
Component; Fairway Ranch, Multifamily; Fairway Ranch,
Condominium; Toll, Dublin Ranch Area A, Neighborhood A-2 & A-3;
Greenbriar Homes Communities Phase III; IKEA; Avalon Bay, Transit
Center Site B; Quarry Lane School; EAR, Transit Center Site
A-2;Pulte, Dublin Ranch Area F; Dublin RE Investors, LLC, Fallon
Village; Toll, Sorrento, Dublin Ranch Area F West; Western Pacific
Housing, Transit Center Site E-l; Pfeiffer Ranch Investors, Silvera
Ranch; AMB Property Corporation, West Dublin Transit Village.
FINANCIAL STATEMENT: The fiscal impacts ofthese projects were addressed as part of a fiscal
analysis performed for the approved projects.
DESCRIPTION:
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, 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 thirty-two 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 32 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.
Page 2 of 4
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. Two Development Agreements expired
during the process, but are included as a final review of each agreement. "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:
· Opus, Creekside Business Park - expires 5/13/2007. Project complete.
· Dublin Ranch Area A-H - expires 6/29/2019. In compliance.
· Dublin Ranch Phase I - expires 6/4/2007. Project complete.
· Dublin Ranch - Supplemental Areas F, G & H - expires 6/29/2019. In compliance.
· Schaefer Heights - expires 12/31/2006. In compliance.
· Greenbriar Homes Communities Phase II - expires 8/21/2006. In compliance.
· Toll, Dublin Ranch Area A, Neighborhoods A-6 & A-7 - expires 7/27/2006. In compliance.
· Toll, Dublin Ranch Area A, Neighborhood A-I - expires 4/25/2007. In compliance.
· Toll, Dublin Ranch Area G, Neighborhood H-l - expires 5/17/2007. In compliance.
· Toll, Dublin Ranch Area G, Neighborhood H-2 - expires 5/17/2007. In compliance.
· Toll, Dublin Ranch Area G, Neighborhood MH-l - expires 5/17/2007. In compliance.
· Toll, Dublin Ranch Area G, Neighborhood MH-2 - expires 5/17/2007. In compliance.
· Toll, Dublin Ranch Area A, Neighborhood A-4 - expires 6/4/2008. In compliance.
· Toll, Dublin Ranch Area A, Neighborhood A-5- expires 6/4/2008. In compliance.
· Transit Center Master Development Agreement - expires 6/13/2008. In compliance.
· Fairway Ranch Master Development Agreement - expires 8/15/2008. In compliance.
· Fairway Ranch Senior Housing Component - expires 8/15/2008. In compliance.
· Fairway Ranch Multifamily - expires 8/15/2008. In compliance.
· Fairway Ranch Condominium - expires 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.
Page 3 of 4
· Greenbriar Homes Communities Phase III - expires 5/27/2009. In compliance.
. IKEA - expires 7/16/2009. In compliance.
. Avalon Bay, Transit Center Site B - expires 4/29/2010. In compliance.
. Quarry Lane School- expires 6/24/2010. In compliance.
· EAR, Transit Center Site A-2 - expires 6/30/2010. In compliance.
· Pulte, Dublin Ranch Area F - expires 7/18/2010. In compliance.
· Western Pacific Housing, Transit Center Site E-l - expires 10/4/2010. In compliance.
· Dublin RE Investors, LLC, Fallon Village - expires 1/17/2011. In compliance.
· Toll, Sorrento, Dublin Ranch Area F West expires 2/16/2011. In compliance.
· Pfeiffer Ranch Investors, Silvera Ranch - expires 6/9/2011. In compliance.
· AMB Property Corporation, West Dublin Transit Village - expires 6/3/2014. In compliance.
Conclusion:
Staff has determined that all ofthe 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. Staffwill continue monitoring the projects to assure
that the Developers are continuing to move toward full compliance.
RECOMMENDATION:
Receive staff presentation, question staff and adopt a Resolution finding that the developers of the thirty-
two (32) 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.
Page 4 of 4
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RESOLUTION NO. - 06
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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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 proof of good faith compliance is on the developer; and
WHEREAS, the appropriate City Departments have reviewed the following thirty-two (32)
Development Agreements and comments were returned to the Planning Manager: Opus, Creekside
Business Park; Dublin Ranch Area A-H; Dublin Ranch Phase I; Dublin Ranch - Supplemental DA Areas
F, G, and H; Schaefer Heights; Greenbriar Homes Communities Phase II; 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; Toll, Dublin Ranch, Area G, Neighborhood H-2; Toll, Dublin Ranch, Area G,
Neighborhood MH-l; 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, Multifamily; Fairway
Ranch, Condominium; Toll, Dublin Ranch Area A, Neighborhood A-2; Toll, Dublin Ranch Area A,
Neighborhood A-3; Greenbriar Homes Communities Phase III; IKEA; Avalon Bay, Transit Center Site B;
Quarry Lane School; EAR, Transit Center Site A-2; Pulte, Dublin Ranch Area F; Dublin RE Investors,
LLC, Fallon Village; Toll, Sorrento, Dublin Ranch Area F West; Western Pacific Housing. Transit Center
Site E-l; Pfeiffer Ranch Investors, Silvera Ranch; AMB Property Corporation, West Dublin Transit
Village;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin has
concluded the review period and determined that the developers for these thirty-two (32) projects are
proceeding in good faith with the terms of the Development Agreements.
PASSED, APPROVED AND ADOPTED this 5th day of September, 2006, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
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