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Home My WebLink About4.03 Dev Agmt Annual Rev G`~~ OF Dp~~y ~9' STAFF REPORT Cit Clerk File #600-60 y ~ CITY COUNCIL O~GIFtpR~~ DATE: October 18, 2011 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager C`'~~.., SUBJECT: Annual Review of the followi.•nJJg Development Agreements: Dublin Ranch Area A- H; Dublin Ranch Supplemental DA, Areas F, G and H; AMB/Legacy Partners, Stockbridge/BHV Emerald Place -Green on the Park (formerly IKEA); Western Pacific Housing, Transit Center Site E-1; Transit Center, Master DA; 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; Wallis Ranch; Springfield Montessori; Dublin Ranch North; and Jordan Ranch. Prepared by Gaylene Burkett, Administrative Analyst EXECUTIVE SUMMARY: Staff has determined that 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 continue to be in compliance as their projects continue to progress. 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 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 2011 Annual Review for those agreements: Dublin Ranch Area A-H; Dublin Ranch Supplemental DA, Areas F, G and H; AMB/Legacy Partners; Stockbridge/BHV Emerald Place -Green on the Park (formerly IKEA); Western Pacific Housing, Transit Center Site E-1; Transit Center, Master DA; Standard Pacific, Dublin Ranch F-1; Gateway Medical Group/Triad; Sorrento East/SR Structured Lot Options including Amendment; Grafton Station; Dublin Ranch Amendment to the Master Agreement; Standard ,Pacific (Fallon Crossings); Schaefer Ranch South;, Wallis Ranch; Springfield Montessori; Dublin Ranch North; and Jordan Ranch. Page 1 of 3 ITEM NO. 4.3 C ~ ` /1 Y u~~~.- ~ j.r Submitted By Reviewed By Director of Community Development Assistant City Manager 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, after which 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. 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 • Western Pacific Housing, Transit Center Site E-1, expires 3/9/2018 - In compliance • Transit Center, Master Development Agreement, expires 6/13/2012 - In compliance • Standard Pacific, Dublin Ranch F-1, expires 11/2/2011 - 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 Page 2 of 3 • Grafton Station, expires 9/20/2012 - In compliance • 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 • 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 NOTICING REQUIREMENTS/PUBLIC OUTREACH: On July 8, 2011, formal notification of the annual review period was sent to the parties of the Development Agreements. ATTACHMENT: 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 2011 annual review for those agreements: Dublin Ranch Area A-H; Dublin Ranch Supplemental DA, Areas F, G and H; AMB/Legacy Partners: Stockbridge/BHV Emerald Place - Green on the Park (formerly IKEA); Western Pacific Housing, Transit Center Site E-1; Transit Center, Master DA; Standard Pacific, Dublin Ranch F-1; Gateway Medical Group/Triad; Sorrento East/SR Structured Lot Options, including Amendment; Grafton Station; Dublin Ranch Amendment to the Master Agreement; Standard Pacific (Fallon Crossings); Schaefer Ranch South; Wallis Ranch; Springfield Montessori; Dublin Ranch North and Jordan Ranch. Page 3 of 3 RESOLUTION NO. XX - 11 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 2011 ANNUAL REVIEW FOR THOSE AGREEMENTS: DUBLIN RANCH AREA A-H; DUBLIN RANCH SUPPLEMENTAL DA, AREAS F, G AND H; AMB/LEGACY PARTNERS, STOCKBRIDGE/BHV EMERALD PLACE -GREEN ON THE PARK (FORMERLY IKEA); WESTERN PACIFIC HOUSING, TRANSIT CENTER SITE E-1; TRANSIT CENTER, MASTER DA; STANDARD PACIFIC, DUBLIN RANCH F-1; GATEWAY MEDICAL GROUP/TRIAD; SORRENTO EAST/SR STRUCTURED LOT OPTIONS INCLUDING AMENDMENT; GRAFTON STATION; DUBLIN RANCH AMENDMENT TO THE MASTER AGREEMENT; STANDARD PACIFIC (FALCON CROSSINGS); SCHAEFER RANCH SOUTH; WALLIS RANCH; SPRINGFIELD MONTESSORI; DUBLIN RANCH NORTH; AND JORDAN RANCH 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: Dublin Ranch Area A-H; Dublin Ranch Supplemental DA, Areas F, G and H; AMB/Legacy Partners, Stockbridge/BHV Emerald Place -Green on the Park (formerly IKEA); Western Pacific Housing, Transit Center Site E-1; Transit Center, Master DA; Standard Pacific, Dublin Ranch F-1; Gateway Medical Group/Triad; Sorrento East/SR Structured Lot Options including Amendment; Grafton Station; Dublin Ranch Amendment to the Master Agreement; Standard Pacific (Fallon Crossings); Schaefer Ranch South; Wallis Ranch; Springfield Montessori; Dublin Ranch North; and Jordan Ranch 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. -1- PASSED, APPROVED AND ADOPTED this 18t" day of October, 2011, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:ADevAgmts\2011\2011 Resolution.DOC -2-