2008-06-23 Regular Meeting and Workshop Meeting of the La Porte City Council

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REQUEST FOR CITY COUNCIL AGENDA ITEM Report: X Resolution: Ordinance: Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budoeted Item: N/A Agenda Date Requested: Julv 14.2008 Department: Plan nine: ~~ Requested By: Tim Tietiens Exhibits: Developer's Agreement Letter by General Partner Builder's Contract Aerial Map SUMMARY & RECOMMENDATION The Lakes at Fairmont Greens Subdivision is developing under a General Plan and Special Conditional Use Permit #SCU 04-012 approved by City Council on August 23, 2004. The Planning and Zoning Commission granted a I-year extension for the Permit on April 21, 2005, and construction on the infrastructure has been completed. Section 1 of this subdivision is located southeast of State Highway 146 and Wharton Weems Boulevard. It is bounded on the east and south by the Bay Forest Golf Course, and on the west by State Highway 146. This section consists of 92 lots, two blocks, two reserves, and two points of entry/exit along Wharton Weems Boulevard. City Council, at the January 28, 2008, meeting, approved a Developer's Agreement, which mandates the recordation of the Final Plat for Section 1 upon acceptance of infrastructure and completion of the developer's items by May 2008. In addition, the developer must furnish the City an approved and executed agreement with the subsequent builders assigning any construction or installation responsibilities along with a schedule of construction prior to the issuance of any building permits. The plat for Lakes at Fairmont Greens Section 1 has been recorded with Harris County. Until very recently, there was no progress on the developer's items and no agreement had been received by the May deadline, therefore the Developer's Agreement was in default. An amended Developer's Agreement is required due to a change in partnership. The document showing resignation by the general partner and assignment of the general partner's partnership interest to a new general partner was received by staff on June 05, 2008. A copy of the contract between the developer and the builder assigning construction installation and other amenities was received on June 18,2008. As of July 01, 2008, the developer began implementing items previously required of the developer, such as sound wall and ornamental fencing. After approval of the amended Developer's Agreement by City Council, the applicant would be authorized to proceed with obtaining building permit for new homes. Action Required bv Council: Co sider approval ofthe amended developer's agreement, along with milestone dates, fence and other am nity specifications for the Lakes at Fairmont Greens, to be located along State Highway 146 adjacent to the Forest Golf Course. 1 ~ Date