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Ord. 1305 2006-09-18ORDINANCE NO. 1305 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, GRANTING A VARIANCE REQUEST FOR THE ISSUANCE OF A BUILDING PERMIT PRIOR TO THE COMPLETION OF THE PUBLIC INFRASTRUCTURE. WHEREAS, Poag& McEwen Lifestyle Centers -Houston, LLC ("Poag") desires to construct commercial and retail development ("Project") on a tract of land located at the southwest corner of Beltway 8 and SH 288 and more accurately depicted on Exhibit "A" attached hereto; and WHEREAS, the City Council of the City of Pearland entered into a Development Agreement with Poag for the construction of the Project and understands the urgent need for commercial and retail development to serve the City and surrounding communities; and WHEREAS, in an effort to construct the Project in a prompt and efficient manner, Poag has requested a variance to allow the issuance of a building permit prior to the completion of the public infrastructure associated with the project; and WHEREAS, the City Council of the City of Pearland, for the limited purpose of developing the Project in the City, desires to authorize the above referenced variance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. The City Council of the City of Pearland hereby grants a variance to Poag for the issuance of a building permit prior to the completion of the public infrastructure for the proposed Project. ORDINANCE NO. 1305 Section 2. Issuance of any building permit subject to this Ordinance shall be contingent upon compliance with all of the terms, conditions and representations referenced in Exhibit "B" attached hereto. Section 3. The variance contemplated herein is contingent upon the City's receipt, from the contractor for which the building permit is issued, of a Payment and Performance Bond naming the City as a Dual Obligee under the bonds. Section 4. Savings. All rights and remedies which have accrued in favor of the City under this Ordinance shall be and are preserved for the benefit of the City. Section 5. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise unenforceable by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 6. Repealer. All ordinances and parts of ordinances in conflict herewith are hereby repealed but only to the extent of such conflict. Section 7. Declaration of Emergency. The Council finds and determines that the need to regulate the issuance of building permits inures to the benefit of the public and, therefore, bears directly upon the health, safety and welfare of the citizenry; and that this Ordinance shall be adopted as an emergency measure, and that the rule requiring this Ordinance to be read on two (2) separate occasions be, and the same is hereby waived. 2 ORDINANCE NO. 1305 PASSED and APPROVED on First and Only Reading this the 18th day of September, A.D., 2006. ATTEST: APPROVED AS TO FORM: JrAGL,_ DARRIN M. COKER CITY ATTORNEY 3 ,).„J‘ac TOM REID MAYOR s-ez-n, a- 69,4 n BELTWAY 8 H \I /4 % ®Pro \ f� L'��sf Es)/14 > V 'j /, 0 0 I/i BASS PRO SHOPS OUTDOOR WORLD SWC BELTWAY 8 & TX 288 PEARLAND, TEXAS LJA Engineering & Surveying, Inc. 2929 Briarpark Drive Phone 713.953.5200 Suite 600 Fax 713.953.5026 Houston, Texas 77042-3703 www.ljaengineering.com September 1, 2006 Mr. Nick Finan City of Pearland Planning 3523 Liberty Drive Pearland, Texas 77581 Re: Building Permit Variance Request Promenade Shops at the Spectrum and Bass Pro Shops LJA Job No. 1957-0006 (6.0) Dear Mr. Finan: As you know, the City of Pearland has not been able to close on the land acquisition for North Spectrum Boulevard and Promenade Shops Drive. 1. While the City has been working on the condemnation of the right-of-way, the utility contracts to provide sanitary sewer and water to serve the Promenade Shops at the Spectrum and the Bass Pro Shops were started concurrently in expectation of the anticipated availability of the right-of-way. 2. The construction of the utilities has been halted because the right-of-way necessary to complete and connect the utility lines is not yet available. 3. Per City of Pearland requirements, the building permits can not be obtained for the proposed structures until public utilities are available. 4. Promenade Shops at the Spectrum and Bass Pro Shops, through no fault of their own, will be unable to obtain building permits and schedule the on -site construction of their facilities. 5. In an effort to construct these commercial facilities in a prompt and efficient manner, Promenade Shops at the Spectrum and Bass Pro Shops are requesting that a variance be granted for the issuance of a building permit prior to the completion of the public infrastructure. Clarifications and understandings, upon the granting of the variance, are addressed below. 1. An all-weather road for construction equipment and site access has already been constructed on the site and is accessible for City vehicles to use for inspections. 2. Ambulance and fire truck access is currently available on the aforementioned all-weather road. 3. Permanent water service to the site is being extended from Kirby Drive, pending the conclusion of the City's acquisition of the land for North Spectrum Boulevard and Promenade Shops Drive. 4. Promenade Shops at the Spectrum and Bass Pro Shops agree that no combustible construction can begin within the building structure until fire hydrant connection(s) are inspected and approved by the City. 0:1LAND\1957\1957-0006\Finan_Building Permit Variance Request 090106.doc rM Mr. Nick Finan September 1, 2006 Page 2 5- Promenade Shops at the Spectrum and Bass Pro Shops agree that occupancy before the completion and acceptance of the public utilities serving the permitted structures will not be allowed and that both parties will not make a request for occupancy under these conditions. 6. The City will allow for the construction of the shell buildings and related site work, but will be subject to constraints as listed within the requirements of this document. 7. The completion of the extension of the public utilities is dependent upon the City's acquisition of the land for North Spectrum Boulevard and Promenade Shops Drive. Legal access to these rights -of -way is expected, but not guaranteed, to be available by October 1, 2006. If you have any questions or require additional information, please contact me at 713.953.5282. Sincerely, I(-- /ei-,e,k• Mark G. Janzer, P.E. On behalf of Promenade Shops at the Spectrum and Bass Pro Shops MGJ/mec Copy: Mr. Harry Reed — Pearland Lifestyle Center, L.L.P. Mr. Steven Callendar — Bass Pro Shops O:\LAN D11957\1957-00061E inan_Building Permit Variance Request 090106.doc JAMES HAMILTON SURVEY, A-876 ryMURO 6 MM. El ♦L A lelEDn tLCpP.MA:. JWWI KU 1e M3100221 E1liSRl. ea BUILDING BUILDING CINEMA p9BABBEB NBBYH tlP2LTBUM DBIYE H.B.'N. CINEMA BUILDING as BUILDING ea B41 BELTWAY 8 ‘1.19 NW MOO GRID NON www Owlwww ORE 01101110110 0111w0ww00 olwwwwwO 0Iw10 ONH00100, 0111 URil = OI O OMNI INGIVIAR 0:iM WOG 'ONNGiit�00w0N0 RAM 0011010110 010111111010101111 _' _. anul.e cowmilweittimitam the wwNHNwwh1 atalmoim wwNwa BASS PRO SHOPS OUTDOOR WORLD SWC BELTWAY 8 & TX 288 PEARLAND, TEXAS TEXAS 288 BUILDING BRIDGE BUILDING BUILDING WA Engineering & Surveying, Inc. 2929 Briarpark Drive Phone 713.953.5200 Suite 600 Fax 713.953.5026 Houston, Texas 77042-3703 www.ljaengineering.com September 1, 2006 Mr. Nick Finan City of Pearland Planning 3523 Liberty Drive Pearland, Texas 77581 Re: Building Permit Variance Request Promenade Shops at the Spectrum and Bass Pro Shops LJA Job No. 1957-0006 (6.0) Dear Mr. Finan: As you know, the City of Pearland has not been able to close on the land acquisition for North Spectrum Boulevard and Promenade Shops Drive. 1. While the City has been working on the condemnation of the right-of-way, the utility contracts to provide sanitary sewer and water to serve the Promenade Shops at the Spectrum and the Bass Pro Shops were started concurrently in expectation of the anticipated availability of the right-of-way. 2. The construction of the utilities has been halted because the right-of-way necessary to complete and connect the utility lines is not yet available. 3. Per City of Pearland requirements, the building permits can not be obtained for the proposed structures until public utilities are available. 4: Promenade Shops at the Spectrum and Bass Pro Shops, through no fault of their own, will be unable to obtain building .permitsand schedule the on -site construction of their facilities. 5. In an effort to construct these commercial facilities in a prompt and efficient manner; Promenade Shops at the Spectrum and Bass Pro Shops are requesting that a variance be granted for the issuance of a building permit prior to the completion of the public infrastructure. Clarifications and understandings, upon the granting of the variance, are addressed below.. 1. An all-weather road for construction equipment and site access has already been constructed on the site and is accessible for City vehicles to use for inspections. 2. Ambulance and fire truck access is currently available on the aforementioned all-weather road. 3. Permanent water service to the site is being extended from Kirby Drive, pending the conclusion of the City's acquisition of the land for North Spectrum Boulevard and Promenade Shops Drive. 4.. Promenade Shops at the Spectrum and Bass Pro Shops agree that no combustible construction can begin within the building structure until fire hydrant connection(s) are inspected and approved by the City. EVILAND\t957N957-000MPInan Building Permit Variance Request 090106.doc ra Mr. Nick Finan September 1, 2006 Page 2 5. Promenade Shops at the Spectrum and Bass Pro Shops agree that occupancy before the completion and acceptance of the public utilities serving the permitted structures will not be allowed and that both parties will not make a request for occupancy under these conditions. 6. The City will allow for the construction of the shell buildings and related site work, but will be subject to constraints as listed within the requirements of this document. 7. The completion of the extension of the public utilities is dependent upon the City's acquisition of the land for North Spectrum Boulevard and Promenade Shops Drive. Legal access to these rights -of -way is expected, but not guaranteed, to be available by October 1, 2006. If you have any questions or require additional information, please contact me at 713.953.5282. Sincerely, D-;4") 26./< Mark G. Janzer, P.E. On behalf of Promenade Shops at the Spectrum and Bass Pro Shops MGJ/mec Copy: Mr. Harry Reed — Pearland Lifestyle Center, L.L.P. Mr. Steven Callendar — Bass Pro Shops OALAND1195711957-0006\Finan_Bullding Permit Variance Request 090106.doc