HomeMy WebLinkAbout8.1 AnnualRevDevAgmts.CITY CLERK
File # ❑Z[old-161
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: December 2, 2003
SUBJECT:
ATTACHMENTS:
Annual Review of Development Agreements:
Emerald Pointe
Casterson Property (Tassajara Meadows I)
General Motors
Koll Development
Micro Dental
Tassajara Meadows II
Toll Brothers Area 4
Santa Rita Commercial Center (Tri-Valley Crossings/Homart)
Dublin Ranch — Supplemental Areas F, G & H
Sybase
SPCA
Emerald Glen Village Center (Waterford)
Greenbriar Homes Communities — Phase I
Dublin Ranch Area A, Neighborhoods A6 & A7
Greenbriar Homes Communities — Phase II
Commerce One
Schaefer Heights
Toll, Dublin Ranch, Area A, Neighborhood A-1
Opus Creekside Business Park
Toll, Dublin Ranch, Area G, Neighborhood H-1
Toll, Dublin Ranch, Area G, Neighborhood H-2
Toll, Dublin Ranch, Area G, Neighborhood MH-1
Toll, Dublin Ranch, Area G, Neighborhood MH-2
Dublin Ranch Phase I
Dublin Ranch Area A-H
(Report Prepared by Jeri Ram, Planning Manager)
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. Receive staff presentation
qAfv 2. 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: Emerald Pointe; Casterson Property (Tassajara
Meadows I); General Motors; Koll Development; Micro
Dental; Tassajara Meadows II; Toll Brothers Area 4; Santa
COPIES TO: Each Developer listed above
ITEM NO. 10+1
Rita Commercial Center (Tri-Valley Crossings/HomarO;
Dublin Ranch - Supplemental Areas F, G & H; Sybase;
SPCA; EmeraM Glen Village Center (Waterford);
Greenbriar Homes Communities - Phase I; Dublin Ranch
Area A, Neighborhoods A6 & A 7; Greenbriar Homes
Communities - Phase II; Commerce One; Schaefer Heights;
Toll, Dublin Ranch, Area A, Neighborhood A-1; Opus
Creekside Business Park; Toll, Dublin Ranch, Area G,
Neighborhood H-l; Toll, Dublin Ranch, Area G,
Neighborhood H-2; Toll, Dublin Ranch, Area G,
Neighborhood MH-1; Toll, Dublin Ranch, Area G,
Neighborhood MH-2; Dublin Ranch Phase I and Dublin
Ranch Area A-H
FINANCIAL STATEMENT:
The fiscal impacts of these projects were addressed as part of a fiscal
analysis performed for the approved projects.
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 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 twenty-five 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 25 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.
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. "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:
Emerald Pointe ~ Expired 10/2003 - In compliance. This Development Agreement expired after the
annual review period ended.
Casterson Property (known as Tassajara Meadows I)- Expires 1/2004 - In compliance
General Motors -Expires 6/2004 - In compliance - This project is complete and was accepted by City
Council in February 2003.
Koll Development - Expires 6/2004 - In compliance
Micro Dental Expires 6/2004 - In compliance
Tassajara Meadows H- Expires 6/2004 - In compliance - This project is complete and was accepted by
City Council in December 2002.
Toll Brothers Area 4 - Expires 6/2004 - In compliance. Bonds for landscape improvements to be
released upon completion and acceptance of landscape improvements.
Santa Rita Commercial Center (formally known at'Homart, now known as Hacienda Crossings
Retail/Entertainment Commercial Center) Expires 1/2005 - In compliance - All of the infrastructure is
complete. Right turn lanes on Dublin Boulevard and Hacienda Drive and Phases 1 through III are
complete and were accepted by City Council in March 2003.
Dublin Ranch - Supplemental Areas F, G & H- Expires 4/2005 - In compliance
Sybase - Expires 8/2005 - In compliance
SPCA - Expires 8/2005 - In compliance
EmeraM Glen Village Center (Waterford) - Expires 11/2005 - In compliance. All work is complete with
the exception of the traffic signal at Glynnis Rose Drive and Central Parkway. The City will withhold
acceptance of improvements and release of bonds until the work is completed.
Greenbriar Homes Communities, Phase !- Expires 3/2006 - In compliance. Subdivision improvements
have been designed and bonded and are generally complete. The City will withhold acceptance of
improvements and release of bonds until the work is completed.
Dublin Ranch Area A, Neighborhoods A6 & A 7- Expires 7/2006 - In compliance
Greenbriar Homes Communities, Phase H- Expires 8/2006 - In compliance. Subdivision improvements
have been designed and bonded and are generally complete. The City will withhold acceptance of
improvements and release of bonds until the work is completed.
Commerce One - Expires 11/2006 - In compliance
Schaefer Heights - Expires 12/2006 - In compliance
Toll, Dublin Ranch, Area A, Neighborhood A-1- Expires 4/2007 - In compliance.
Opus Creekside Business Park Expires 5/2007 - In compliance
Toll, Dublin Ranch, Area G, Neighborhood H-I- Expires 5/2007 - In compliance
Toll, Dublin Ranch, Area G, Neighborhood H-2 - Expires 5/2007 - In compliance
Toll, Dublin Ranch, Area G, Neighborhood MH-1- Expires 5/2007 - In compliance
Toll, Dublin Ranch, Area G, NeighborhoodMH-2- Expires 5/2007 - In compliance
Dublin Ranch Phase I- Expires 6/2007 - In compliance
Dublin Ranch Area A-H- Expires 6/2019 - In compliance
Conclusion:
Staff has determined that all 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: Receive staff presentation, question staff and adopt a Resolution finding that
the developers of the twenty five (25) Development Agreements Emerald Pointe; Casterson Property
(Tassajara Meadows I); General Motors; Koll Development; Micro Dental; Tassajara Meadows II; Toll
Brothers Area 4; Santa Rita Commercial Center (Tri-Valley Crossings/HomarO; Dublin Ranch -
Supplemental Areas F, G & H; Sybase; SPCA; Emerald Glen Village Center (Waterford); Greenbriar
Homes Communities - Phase I; Dublin Ranch Area A, Neighborhoods A6 & A 7; Greenbriar Homes
Communities - Phase II; Commerce One; Schaefer Heights; Toll, Dublin Ranch, Area A, Neighborhood
A-i; Opus Creekside Business Park; Toll, Dublin Ranch, Area G, Neighborhood H-1; Toll, Dublin
Ranch, Area G, Neighborhood H-2; Toll, Dublin Ranch, Area G, Neighborhood MH-1; Toll, Dublin
Ranch, Area G, Neighborhood MH-2; Dublin Ranch Phase I and Dublin Ranch Area A-H have complied
in good faith with the terms and conditions of the Agreements during the past year and conclude the
period of review.
GSDevagmt\03 da sr final
RESOLUTION NO. - 03
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 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 twenty-five
Development Agreements and comments were returned to the Planning Manager - Emerald Pointe;
Casterson Property (Tassajara Meadows I); General Motors; Koll Development; Micro Dental;
Tassajara Meadows II; Toll Brothers Area 4; Santa Rita Commercial Center (Tri-Valley
Crossings/HomarO; Dublin Ranch-Supplemental Areas F, G & H; Sybase; SPCA; Emerald Glen
Village Center (Waterford); Greenbriar Homes Communities - Phase I; Dublin Ranch Area A,
Neighborhoods A6 & A 7; Greenbriar Homes Communities - Phase II; Commerce One; Schaefer
Heights; Toll, Dublin Ranch, Area A, Neighborhood A-1; Opus Creekside Business Park; Toll, Dublin
Ranch, Area G, Neighborhood H-I; Toll, Dublin RanCh, Area G, Neighborhood H-2; Toll, Dublin
Ranch, Area G, Neighborhood MH-1; Toll, Dublin Ranch, Area G, Neighborhood MH-2; Dublin Ranch
Phase I and Dublin Ranch Area A-H,
NOW, THEREFORE BE IT RESOLVED that the City of Dublin Staff has concluded the
review period and determined that the developers for these twenty-five projects are proceeding in good
faith with the terms of the Development Agreements.
PASSED, APPROVED AND ADOPTED this 2nd day of December, 2003.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
City Clerk
ATTACHMENT