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Home My WebLink About4.03 Dev Agmts Annual Rev/~~~ 1 -~-~ \\~%/~ CITY CLERK File # Q~~~-~~ AGENDA STATEMENT CITY COUNCIL MEETING DATE: October 6, 2009 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 StockbridgeBHV (formerly IKEA) Avalon Bay, Transit Center Site B Quarry Lane School Pulte, Dublin Ranch Area F Dublin RE Investors, LLC, Fallon Village Sorrento, Dublin Ranch Area F West Western Pacific Housing, Transit Center Site E-1 Pfeiffer Ranch Investors, Silvera Ranch 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 Report Prepared by Gaydene Burkett, Administrative Aide ATTACHMENT: 1) Resolution finding that 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; StockbridgelBHV (formerly IKEA); Avalon Bay, Transit Center Site B; Quarry Lane School; Pulte, Dublin Ranch Area F; Dublin RE Investors, LLC, Fallon Village; Sorrento, Dublin Ranch Area F West; Western Pacific Housing, Transit Center Site E-l; Transit Center, Master DA; Lowe's; Standard Pacific, Dublin Ranch F-l; Gateway Medical Group/Triad; Sorrento East/SR Structured Lot Options; Grafton Station; and Dublin Ranch Amendment to the Master Agreement; COPY TO: Developers Page 1 of 3 ITEM NO. T•~ G:\DevAgmts12009\StaffReport 10~-09.DOC A" . RECOMMENDATION: ~/ LJ 1) Adopt a Resolution finding that 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; StockbridgeBHV (formerly IKEA); Avalon Bay, Transit Center Site B; Quarry Lane School; Pulte, Dublin Ranch Area F; 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; and Dublin Ranch Amendment to the Master Agreement; and conclude the Annual Review Period for 2009 for the Development Agreements that are in compliance. FINANCIAL STATEMENT: The fiscal impacts of these projects were addressed as part of a fiscal analysis performed for the approved projects. 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 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 the parties have not complied in good faith, the City Council may modify or terminate the Agreement. The burden of demonstrating good faith compliance is on the developer. Under Chapter 8.56 of the Zoning Ordinance, any Councilmember or Staff may request that the matter of compliance be considered at a 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. 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. A report will be brought back to the City Council at a later date to present alternatives. 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 Page 2 of 3 • Stockbridge/BHV (formerly IKEA), expires 11/18/2013 - In compliance • Avalon Bay, Transit Center Site B, expires 2/17/2010 - In compliance • Quarry Lane School, expires 6/16/2010 - In compliance • Pulte, Dublin Ranch Area F, expires 8/5/2010 - In compliance • Pfeiffer Ranch Investors, Silvera Ranch, expires 6/9/2011 -Under Review, not included in this report • 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 6/13/2010 - In compliance • Lowe's, expires 10/5/2011 - 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, expires 11/1/2012 - In compliance • Grafton Station, expires 9/20/2012 - In compliance • Dublin Ranch Amendment to the Master Agreement, expires 6/21/2020 - In compliance CONCLUSION: Staff has determined that in regards to compliance with the above mentioned 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. RECOMMENDATION: Adopt Resolution finding that 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; StockbridgeBHV (formerly IKEA); Avalon Bay, Transit Center Site B; Quarry Lane School; Pulte, Dublin Ranch Area F; 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; and Dublin Ranch Amendment to the Master Agreement; and conclude the Annual Review Period for 2009 for the Development Agreements that are in compliance. Page 3 of 3 RESOLUTION NO. XX - 09 ~ °~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ADOPT RESOLUTION FINDING THAT 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 SUPPLIMENTAL DA, AREAS F, G AND H; AMB/LEGACY PARTNERS, WEST DUBLIN TRANSIT VILLAGE; STOCKBRIDGE/BHV (FORMERLY IKEA); AVALON BAY, TRANSIT CENTER SITE B; QUARRY LANE SCHOOL; PULTE, DUBLIN RANCH AREA F; DUBLIN RE INVESTORS, LLC, FALCON 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; AND DUBLIN RANCH AMENDMENT TO THE MASTER AGREEMENT; AND CONCLUDE THE ANNUAL REVIEW PERIOD FOR 2009 FOR THE DEVELOPMENT AGREEMENTS THAT ARE IN COMPLIANCE. 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 demonstrating good faith compliance with the agreement is on the developer; and WHEREAS, the appropriate City Departments have reviewed the following eighteen (18) 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 (formerly IKEA); Avalon Bay, Transit Center Site B; Quarry Lane School; Pulte, Dublin Ranch Area F; Dublin RE Investors, LLC, Fallon Village; Sorrento, Dublin Ranch Area F West; Western Pacific Housing, Transit Center Site E-1; Pfeiffer Ranch Investors, Silvera Ranch; Transit Center, Master DA; Lowe 's; Standard Pacific, Dublin Ranch F-1; Gateway Medical Group/Triad; Sorrento East/SR Structured Lot Options; Grafton Station; and Dublin Ranch Amendment to the Master Agreement; and WHEREAS, one development, Pfeiffer Ranch Investors, Silvera Ranch, requires further Staff review before full compliance can be determined. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin has concluded the review period and determined that seventeen of the eighteen developers, with Pfeiffer Ranch Investors, Silvera Ranch being the exception due to necessary further review, are proceeding in good faith with the terms of the Development Agreements. G:\DevAgmts\2009\09 resolution.DOC _ 1 _ Attachment 1 PASSED, APPROVED AND ADOPTED this 6th day of October, 2009, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:\DevAgmts\2009\09 resolution.DOC _ 2 _