HomeMy WebLinkAboutItem 4.02 Annual Review Dev Agreements OYDp
v�a�
8 STAFF REPORT CITY CLERK
• CITY COUNCIL File #600-60
DATE: , September 18, 2012
TO: Honorable Mayor and City Councilmembers
FROM: Joni Pattillo; City Manager(""clot-- r� t
4,�1
SUBJECT: 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 Park
Place; Western Pacific Housing, Transit Center Site E-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; Wallis Ranch; Transit Center, Master DA;
Springfield Montessori; Dublin Ranch North; Sorrento East/SR Structured
Amended; Jordan Ranch; Fallon Gateway/Target; Promenade; and Avalon Bay,
Site C
Prepared by Gaylene Burkett, Administrative Analyst 11 -
EXECUTIVE SUMMARY:
• Staff has determined that, in regards to compliance with the above mentioned Development
Agreements, all 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 moving
towards full compliance.
FINANCIAL IMPACT:
The fiscal impacts of these projects were addressed as part of a fiscal analysis performed for
the approved projects.
RECOMMENDATION:
Staff recommends that the City Council 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 Park Place; Western Pacific Housing, Transit Center Site E-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; Wallis Ranch; Transit Center, Master DA; Springfield Montessori; Dublin Ranch North;
• Sorrento East/SR Structured Amended; Jordan Ranch; Fallon Gateway/Target; Promenade; and
Avalon Bay, Site C; and 2) conclude the Annual Review Period for 2012 for the Development
Agreements.
Page 1 of 3 ITEM NO. 4.2
r .
) � . C fir , •
Submitted By Reviewed By
Acting Community Development Assistant City Manager
Director
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, which occurs 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, at which point 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.
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.
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, expires 11/18/2013 — In
compliance
• Western Pacific Housing, Transit Center Site E-1 , expires 3/9/2018 — In compliance
• Gateway Medical Group/Triad, expires 7/5/2017 — In compliance
-• Sorrento East/SR Structured Lot Options, including Amendment, expires 10/13/2020 — In •
compliance
• Grafton Station, expires 9/20/2012 — In compliance
Page 2 of 3
•
• Dublin Ranch Amendment to the Master Agreement, expires 6/21/2020 — In compliance
• • Standard Pacific (Fallon Crossings) — expires 11/18/2013 — In compliance
• Schaefer Ranch South — expires 11/18/2023 — In compliance
• Transit Center, Master Development Agreement, expires 6/13/2013 — In compliance
• Wallis Ranch — expires 2/19/2024 — In compliance
• Springfield Montessori — expires 6/3/2014 — In compliance
• Dublin Ranch North — expires 12/15/14 — In compliance
• Jordan Ranch — expires 6/22/20 — In compliance
• Fallon Gateway/Target — expires 10/21/15 — In compliance
•
• Promenade — expires 4/1/16 — in compliance
• Avalon Bay, Site C — expires 4/11/16 — in compliance
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
On July 3, 2012, 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 2012 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 Park Place; Western Pacific Housing,
Transit Center Site E-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; Wallis Ranch; Transit Center,
Master DA; Springfield Montessori; Dublin Ranch North; Sorrento
East/SR Structured Amended; Jordan Ranch; Fallon
Gateway/Target; Promenade; and Avalon Bay, Site C
•
•
Page3of3
RESOLUTION NO. XX – 12
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * * * * * * * * * * * * *
FINDING THAT THE DEVELOPERS HAVING OBLIGATIONS UNDER THE FOLLOWING
DEVELOPMENT AGREEMENTS HAVE COMPLIED IN GOOD FAITH WITH THE TERMS AND
PROVISIONS OF THOSE AGREEMENTS AND CONCLUDING THE 2012 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 PARK PLACE; WESTERN PACIFIC
HOUSING, TRANSIT CENTER SITE E-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; WALLIS RANCH; TRANSIT CENTER, MASTER
DA; SPRINGFIELD MONTESSORI; DUBLIN RANCH NORTH; SORRENTO EAST/SR
STRUCTURED AMENDED; JORDAN RANCH; FALLON GATEWAY/TARGET; PROMENADE;
AND AVALON BAY, SITE C.
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 period, 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:
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: 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 Park Place; Western Pacific Housing, Transit Center
Site E-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; Wallis Ranch; Transit Center, Master DA; Springfield Montessori; Dublin
Ranch North; Sorrento East/SR Structured Amended; Jordan Ranch; Fallon Gateway/Target;
Promenade; and Avalon Bay, Site C.
- 1 -
th
PASSED, APPROVED AND ADOPTED
this 18 day of September, 2012, by the following vote:
AYES
:
NOES
:
ABSENT
:
ABSTAIN
:
________________________________________
Mayor
ATTEST
:
_______________________________________
City Clerk
- 2 -