Ord. 1311 2006-12-11 FAILEDFAILED
12/11 /06
ORDINANCE NO. 1311
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, Riverway Commercial Development ("Riverway") desires to construct
commercial and retail development ("Project") on a tract of land located at the intersection
of Hooks Road and FM 518 and more accurately depicted on Exhibit "A" attached hereto;
and
WHEREAS, the City Council of the City of Pearland 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,
Riverway 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
Riverway for the issuance of a building permit prior to the completion of the public
infrastructure for the proposed Project.
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.
ORDINANCE NO. 1311
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 bond.
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hereby repealed but only to the extent of such conflict.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.
PASSED and APPROVED on First and Only Reading this the day of
, A.D., 2006.
TOM REID
MAYOR
2
ORDINANCE NO. 1311
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
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SITE PLAN
RIVERWAY
COMMERCIAL DEVELOPMENT
TRANSMITTAL LETTER
Date: October 9, 2006
TO: City of Pearland,
Nick Finan
Executive Director of Community Services
3519 Liberty Drive
Pearland, Texas 77581
EXHIBIT
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RE: Sunrise Lake Village II, a 40347 sq. ft. Commercial Center at 9515 and 9517
Broadway and the Silverlake Parkway Extension (Hooks Road) at FM 518
Dear Mr. Finan
I am writing this letter to address issues and concerns regarding certain
requirements for the issuance of sitework and building permits necessary to
commence construction of improvements for Sunrise Lake Village II.
It is our understanding that the City has taken the position that the Underground
Site Work Permit and Building Permits for Sunrise Lake Village II at 9515 and 9517
Broadway, will not be issued until the completion of the Silverlake Parkway
extension. Previously city staff had voiced concerns abut issuing building permits
until all Public Improvements are complete to ensure the improvments will be done
by the owner.
We would respectfully request that the City of Pearland allow issuance of the
required permits prior to the final completion of the Silverlake Parkway extension
and in support thereof would show the following:
1. Upon issuance of the required permits an escrow account for the Silverlake
Parkway extension will be set up by our company and Mr. Wellington Yu,
owner of the adjacent property to the West of Silverlake Parkway showing full
intent to complete the improvements.
2. The contractor for the Parkway is in place awaiting approval of the plans.
3. The signal Tight contractor is in place to construct the Tight and tie ins with FM
518.
4. The Silverlake Parkway extension is estimated to take approximately 45 to 60
days to complete from the date of issuance of all requiired permits.
5. The buildings at Sunrise Lake Village phase II will take much longer to
complete. We are estimating up to 8 months to complete from the issuance
of the required permits. We will turn over to the tenants for build -outs at
approximately 4 months.
6. Because of special conditions attendant to development of this project, literal
enforcement of City Policy would result in unneccessary delay and hardship.
It is also our understanding that the city staff has voiced concerns of entry to the
Sunrise Lake Village II project. In support of its request for issuance of the required
permits prior to completion of the Silverlake Parkway extension we would
respectfully show the following:
1. The main entry to Sunrise Lake Village II will be the same entry as the main
entry off of FM 518 that is in place for Sunrise Lake Village I. The project
was designed all along for this to be the main entry. (See provided site plan)
2. There are two other entry's available off of Sunrise Blvd. to the East side of
Sunrise Lake Village I. (See provided site plan)
3. The Silverlake Parkway extension (Hooks Road) will be a side entry into
Sunrise Lake Village II.
In additon to the foregoing, the city staff has voiced concerns of Fire Safety
regarding Fire Hydrants being located in appropriate proximity. In support of its
request for issuance of the required permits prior to completion of the Silverlake
Parkway extension we would respectfully show:
1. There is a site plan provided with Fire Hydrants marked to show that there
would be access to a hydrant if the need arose.
2. There is a main entry to the project already in place for Fire Equipment to
access the property.
We believe that the issuance of the required permits prior to final completion for
the Silverlake Parkway extension does not violate or contravene the spirit of the City
Policy in this case and that this request is necessary for preservation of substantial
property rights of the Landowner (and its Tenants). The request, if granted, will not
be detrimental to the public health, safety and welfare, and in our opinion, is in the
best interest of the City.
Lastly, while we are respectfully urging the City to issue the required permits to
complete the construction of Sunrise Lake Village II prior to the completion of the
Silverlake Parkway extension we understand, agree and accept that no Certificate of
Occupancy for the Sunrise Village II building will be issued until the completion and
acceptance by the City of the improvements.
If this letter and request is insufficient to place this matter on the appropriate
agenda's and to issue the appropriate notices please advise us as soon as possible
so that we can get this request in proper form.
Best Regards,
Wayne R. Ausmus, Manager
Riverway Commercial Development, LLC
Riverway Commercial Development, LLC
2734 Sunrise Blvd., Suite 402
Sunrise Lake Village II,LP
CONSTRUCTION SCHEDULE
OPERATION
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BUILDING CONSTRUCTION
Permit date
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
Grading/Eros Control
complete
X
X
X
X
Underground Utilities
X
X
Drill Piers
X
X
Foundation Make-up
X
X
Pour Foundations
X
X
Cure
X
X
Steel Erection
X
X
X
X
Stucco Stone
X
X
X
X
Store Front
X
X
Interior Water Lines
X
X
Power Install
X
X
Parking Lot
X
X
X
Stripes and Stops
X
Interiors
X
X
X
X
X
X
X
X
X
X
X
X
PARKWA Y CONSTRUCTION
Road Construction
X
X
X
X
X
X
X
XXX
Order & Deliver Signal Light Pole
XXXX
X
X
X
X
X
X
Signal Light Construction
X
X
X
X
X
X
Parkway Tie-in
X