Ord. 1316 2006-12-11ORDINANCE NO. 1316
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, GRANTING A VARIANCE REQUEST FOR THE ISSUANCE OF
BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY FOR A
PROPOSED MIXED USE DEVELOPMENT.
WHEREAS, CBL & Associates Management, Inc. ("CBL") desires to construct a
mixed use development herein after ("Project") on property located at the intersection of
FM 518 and SH 288; and
WHEREAS, the City Council of the City of Pearland understands the urgent need for
mixed use developments to serve the residents of the City and surrounding communities;
and
WHEREAS, in an effort to construct the Project in a prompt and efficient manner,
CBL has requested a variance to allow the issuance of Building Permits and Certificates of
Occupancy in accordance with Exhibit "A" attached hereto; 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 allow
for the issuance of Building Permits and Certificates of Cccupancy in accordance with
Exhibit "A".
Section 2. 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 3. 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
ORDINANCE NO. 1316
separate, distinct, and independent provision and such holding shall not affect the validity
of the remaining portions thereof.
Section 4. Repealer. All ordinances and parts of ordinances in conflict herewith are
hereby repealed but only to the extent of such conflict.
PASSED and APPROVED ON FIRST READING this the 11th day of December, A. D.,
2006.
TOM REID
MAYOR
ATTEST:
UNGI�FI
TY S CRETARY
PASSED and APPROVED ON SECOND AND FINAL READING this the 11 `" day of
December, A. D., 2006.
TTEST:
UNG /a I. G.
TY SECRETARY
APPROVED AS TO FORM:
GL.-
DARRIN M. COKER
CITY ATTORNEY
2
TOM REID
MAYOR
CBL
CHAPLES B 1=P.OVITZ.
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SIEPNEN D LEBCVTZ
Pre, do_.
MOSES !.E80VI7
December 6, 2006
Mr, Bill Eisen
City Manager
City of Pearland, TX
3519 Liberty Drive
Pearland, TX 77581
CBL & ASSOCIATES PROPERTIES, INC,
O'N N Ffi"
ItCLtrnm,nn
,.. .. of F:•.ancn CFI, or
Re: Outline for City of Pearland-CBL Pearland Town Center Building Permit Requested
Procedures
Dear Bill:
5 LANDRESS
As per our discussum, aitacltitt: the t aatlittce:tfrr permitting pictcet.s,that we discuss cxl with u
and Nick Fingal :and also its prepared by Damn Coker with Alan Mueller:^
As I had discussed with you, this is a very rime -sensitive issue for us at this point as we are out for bid on
the project and this is your last city council meeting for this calendar year, When you resume in January
2007, we will be ready to begin construction at which time we wilt he delayed if we have to work
through this. further, 1 believe over the last three thonths tis°e have established a docurnent for procedures
elures
that your staff"ha.sAvorked thronuh with us ands understalnd.in, and cornfart:ble.
I am also attaching a proposed schedule for the permitting process that has been established by our
contractor EMJ.
1 appreciate your participation and willingness and understanding to get this issue for us moved forward
so that we can begin on what will be Pearland's premier destination and will also be one of the city's
largest tax revenue creators.
I look forward to hearing from you with any questions or comments and will plan on seeing you on
Monday, December 11 to discuss and clarify further if necessary,
Sincerely,
CBL & ASSOCIATES PROPERTIES, INC.
1,L r
Jeff C, Brewer
Project Manager
2C30 Hv3 -.!Ir in Place F�xlrtidru ! C hattarocq:., TN 17421-6C.00 '..
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EXHIBIT
Outline for City of Pearland — CBL Town Center Variance
Definitions:
Phase I Building Permits: Permits issued by the City authorizing CBL to construct
improvements limited to on and off -site civil improvements, under -slab utilities, building
pads, foundations, and slabs, and vertical construction limited to the shell of a building
with no interior finish out.
Phase II Building Permits: Permits issued by the City authorizing interior finish out of
structures beyond the limits of Phase I Building Permits.
Project: The proposed Pearland Town Center mixed use development in accordance with
the planned unit development (PUD) adopted by the City on February 27, 2006, and
amended on June 26, 2006.
Site: The tract of land within the Project south of Broadway, north of Southgate
subdivision, between the extensions of Kirby Drive and Business Center Drive; exclusive
of the rights of way for Kirby Drive and Business Center Drive.
TIA: The traffic impact analysis prepared by CBL for the Project and approved by the
City on September 7, 2006.
Section 1 CBL Commitments
A. CBL will construct the improvements identified in the TIA for Kirby Drive and
Business Center Drive and all associated public infrastructure including water,
sewer, and drainage facilities.
B. City acknowledges that the improvements for widening Broadway identified in
the TIA will be constructed by others and agrees that CBL shall have no further
financial obligation for such improvements.
C. CBL will fund the eastbound right turn deceleration lanes along Broadway for
Kirby Drive, Town Center Drive, and Business Center Drive shown in the TIA
and will contract with the party constructing the widening of Broadway adjacent
to the Site to include these improvements in the construction contract for the
widening of Broadway.
D. CBL will install on -site water lines and fire hydrants meeting City requirements
prior to issuance of Phase II Building Permits. Such water lines may be in
temporary locations with dead ends, but shall otherwise meet City requirements
regarding size, material, and construction standards.
E. CBL will install an all-weather access meeting to within 200 feet of a building
pad prior to issuance of Phase II Building Permits for that building pad. The all-
weather access must be approved by the City Engineer, but may, at a minimum,
be constructed of crushed concrete. Provided, however, if the all-weather access
does not qualify as a permanent access as required by City standards, CBL must
remove the all-weather access and replace it with permanent pavement that
complies with City standards prior to the issuance of a Certificate of Occupancy
for any building affected by the required access.
F. CBL will require that each tenant acknowledge by lease or through separate
agreement that certificates of occupancy will not be issued until the provisions in
Section 3 of this Agreement are completed.
G. CBL acknowledges that nothing contained herein relieves CBL of its
responsibilities contained in the Road Construction Agreement by an d between it
and the City, dated May 26, 2006.
Section 2 Building Permits
A. City will issue Phase I Building Permits upon approval of a final plat or minor
plat for the Site by the City.
B. City will issue Phase II Building Permits upon approval of a final plat or minor
plat for the Site by the City, and completion of the improvements identified in
Paragraphs C and D of Section 1.
Section 3 Certificates of Occupancy
City will not issue certificates of occupancy for the Project until: 1) the improvements for
Kirby Drive and Business Center Drive described in Section 1 are completed by CBL and
accepted by the City; and 2) the permanent on -site public water improvements, designed
to serve the particular facility for which certificates of occupancy are being requested, are
completed and accepted by the City.
Section 4 Replats
CBL may seek one or more replats for the Site (for the purpose of dedicating public
easements and/or separating the Site into two or more individual lots) at any time without
jeopardizing the status or validity of any Phase I Building Permit or Phase II Building
Permit previously issued. If a replat will create a lot with its sole access from Kirby
Drive or Business Center Drive, a final plat for those portions of Kirby Drive and
Business Center Drive owned or controlled by CBL must be approved before the replat is
approved.
PEARI..AND TOWN CENTER SUIHMISSION SCHEDULE
12/5/06 Phase One Permitl set submit for. permits £md NoI
t /5/07 Phase One Perm -Structutnl ( oundatt 1t nod Steel) !affirnn for pt.-mitts
2.'16/07 Phase Two Permits--Architecttuat submit fur permits
2'16/07 Phase Two- Pcrmits-Residesilid submit for permits
3/28/07 Phase Two Permits -Hotel submitted for permit
6/29/07 Phase Two Pennits-Dillard's pad turnover (expect permet submission. 60 days earlier)
7731/07 Phase Two Permits -Mae •'s pad turnover (expect permgt submission 60 days earlier)
2/29/08 Phase Two Permits -Barnes & Nkible turnover (expect remit submission ti0 days earner)
4/30/08 Phase Two Permits -Shell turnover (expeet permit subrnis ion 120-30 days earlier)