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Ord. 2000M-0151 2016-10-24Ordinance No. 2000M — 151 An ordinance of the City Council of the City of Pearland, Texas, amending Ordinance No. 2000M, the zoning map of the City of Pearland, Texas, for the purpose of changing the classification of certain property, being a 39.50 tract of land being out of the D.H.M. Hunter Survey, Abstract 76, being a portion of the same 181.6209 acre survey as described in a deed dated June 4, 1981, from the C. H. Alexander Trust to Sue Alexander Morrison a.k.a. Susie Alexander Morrison, and recorded in Volume 1596, Page 93 et seq of the Brazoria County Deed Records (B.C.D.R.); and Being a 83.83 acre tract of land being out of the D.H.M. Hunter Survey, Abstract 76 and the H.T. & B.R.R. Company Survey. Abstract 233. Being a portion of the same 181.6209 acre survey as described in a deed dated June 4, 1981, from the C.H. Alexander Trust to Sue Alexander Morrison, and recorded in Volume 1596. Page 93 et seq of the Brazoria County Deed Records (B.C.D.R.). (Located at East and West sides of Pearland Parkway, North of Barry Rose Road — Stonebridge Planned Development.) Zone Change Application No. ZONE 16-00006, at the request of the City; for approval of an amendment to the Stonebridge Planned Development to require approval of a Conditional Use Permit for auto related uses and Pawn Shops, Payday Loans, and Gold Exchanges on properties designated General Business (GB); on approximately 123.33 acres of land; providing for an amendment of the zoning district map; containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. WHEREAS, the City; for approval of an amendment to the Stonebridge Planned Development to require approval of a Conditional Use Permit for auto related uses and Pawn Shops, Payday Loans, and Gold Exchanges on properties designated General Business (GB); on approximately 123.33 acres of land on the following described property; said property being legally described in the legal description attached hereto and made a part hereof for all purposes as Exhibit "A," and more graphically depicted in the vicinity map attached hereto and made a part hereof for all purposes as Exhibit "B"; and WHEREAS, on the 1st day of August 2016, Joint Public Hearing was held before the Planning and Zoning Commission and the City Council of the City of Pearland, Texas, and on the 26th day of September 2016, the Joint Public Hearing was continued before the Planning and Zoning Commission and the City Council of the City of Pearland, Texas, notice being given by publication in the official newspaper of the City, the affidavit of publication being attached hereto and made a part hereof for all purposes as Exhibit "C," said call and notice being in strict conformity with provisions of Section 1.2.2.2 of Ordinance No. 2000T; and WHEREAS, on the 27th day of September 2016, the Planning and Zoning Commission submitted its report and recommendation to the City Council regarding the amendment to the Stonebridge Planned Development to require approval of a Conditional Use Permit for auto related uses and Pawn Shops, Payday Loans, and Gold Exchanges on properties designated General Business (GB); on approximately 123.33 acres of land, said recommendation attached hereto and made a part hereof for all purposes as Exhibit "D"; and WHEREAS, upon receipt of the report from the Planning and Zoning Commission, City Council considered this application and the recommendation of the Planning and Zoning Commission at regular meetings on the 10th day of October 2016 and the 24th day of October 2016; and WHEREAS, the City Council having fully heard the testimony and argument of all interested parties, and having been fully advised in the premises, finds that in the case of the City; for approval of an amendment to the Stonebridge Planned Development to require approval of a Conditional Use Permit for auto related uses and Pawn Shops, Payday Loans, and Gold Exchanges on properties designated General Business (GB); on approximately 123.33 acres of land; presented which, in the judgment of the City Council, would justify the approval of said application; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section I. The following described property located within the corporate City Limits of the City of Pearland, Texas, and presently being located within the Page 2 of 11 Ord. No 2000M-151 Stonebridge Planned Development zoning district, is hereby granted an amendment to the Stonebridge Planned Development to require approval of a Conditional Use Permit for auto related uses and Pawn Shops, Payday Loans, and Gold Exchanges on properties designated General Business (GB), and the Stonebridge Planned Development Amendment attached hereto and made a part hereof for all purposes as Exhibit "E", in accordance with all conditions and requirements of the current Unified Development Code approved by the City Council and incorporated for all purposes, such property being more particularly described as: Legal Description: Being a 39.50 tract of land being out of the D.H.M. Hunter Survey, Abstract 76, being a portion of the same 181.6209 acre survey as described in a deed dated June 4, 1981, from the C. H. Alexander Trust to Sue Alexander Morrison a.k.a. Susie Alexander Morrison, and recorded in Volume 1596, Page 93 et seq of the Brazoria County Deed Records (B.C.D.R.); and Being a 83.83 acre tract of land being out of the D.H.M. Hunter Survey, Abstract 76 and the H.T. & B.R.R. Company Survey. Abstract 233. Being a portion of the same 181.6209 acre survey as described in a deed dated June 4, 1981, from the C.H. Alexander Trust to Sue Alexander Morrison, and recorded in Volume 1596, Page 93 et seq of the Brazoria County Deed Records (B.C.D.R.). General Location: East and West sides of Pearland Parkway, North of Barry Rose Road — Stonebridge Planned Development. Section II. The City Council of the City of Pearland finds and determines that the recitations in the preamble hereof are true and that all necessary prerequisites of law have been accomplished and that no valid protest of the proposed change has been made. The City Council further finds and determines that there has been compliance with the mandates of law in the posting and presentation of this matter to the Planning and Zoning Commission for consideration and decision. Section III. The City Council of the City of Pearland finds and determines that the amendment adopted herein promotes the health, safety, and general welfare of the public and is a proper valid exercise of the City's police powers. Section IV. If any section, subsection, sentence, clause, phrase, or portion of Page 3 of 11 Ord. No 2000M-151 this Ordinance is for any reason held invalid or unconstitutional 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 V. All rights and remedies, which have accrued in the favor of the City under this Ordinance and its amendments thereto, shall be and are preserved for the benefit of the City. Section VI. This Ordinance shall become effective after its passage and approval on second and final reading. PASSED, APPROVED, and ADOPTED on First Reading this 10th day of October, 2016. ATTEST: R ING, Y SE '' ETARY RM QFA..u,yo TOM REID MAYOR PASSED, APPROVED, and ADOPTED on Second and Final Reading this 24th day of October, 2016. c 2£1•0.1- TOM REID MAYOR Page 4 of 11 Ord. No 2000M-151 ATTEST: UNG • FI G RIVJ ITY S RETAR APPROVED AS TO FORM: ARRIN M. COKER CITY ATTORNEY Page 5 of 11 Ord. No 2000M-151 ORDINANCE NO. 2000M-151 Exhibit "A" Exhibit A Legal Description Being a 39.50 tract of land being out of the D.H.M. Hunter Survey, Abstract 76, being a portion of the same 181.6209 acre survey as described in a deed dated June 4, 1981, from the C. H. Alexander Trust to Sue Alexander Morrison a.k.a. Susie Alexander Morrison, and recorded in Volume 1596, Page 93 et seq of the Brazoria County Deed Records (B.C.D.R.); and Being a 83.83 acre tract of land being out of the D.H.M. Hunter Survey, Abstract 76 and the H.T. & B.R.R. Company Survey. Abstract 233. Being a portion of the same 181.6209 acre survey as described in a deed dated June 4, 1981, from the C.H. Alexander Trust to Sue Alexander Morrison, and recorded in Volume 1596, Page 93 et seq of the Brazoria County Deed Records (B.C.D.R.). Page 6 of 11 Ord. No 2000M-151 ORDINANCE NO. 2000M-151 Exhibit "B" Exhibit B Vicinity Map Exhibit 1 AERIAL MAP 7ANE 16-00006 Stonebpage PD Bouncary OGB Base Zoning Ler ud+r.en.ru/ w?—sod .n ..,t have t..., prepared t... nit tune/. tor /scat ....inns ar.u...ru.:--. dew. not 'versa. an oeveltsitteaii rep... .rah the appraise... r.' el prwa+^ eeala.... 1 inch = 897 feet UPDATED JILT :ow } PI.ANNIND DEP APT WI.`:T Page 7 of 11 Ord. No 2000M-151 ORDINANCE NO. 2000M-151 Exhibit "C" STATE OF TEXAS COUNTY OF BRAZORIA Personally appeared before the undersigned, a Notary Public within and for said County and State. Buzz Crainer, Representative for Brenda Miller Fergerson, Publisher of the Pearland Journal, a newspaper of general circulation in the County of Brazoria, State of Texas. Who being duly sworn, states under oath that the report of ZCA #16-00006 a true copy of which is hereto annexed was published in said newspapers in its issue(s) of June 2, 2016. Sworn to and subscribed before me this ,5 4g. day of Notary Public My commission expires on ELIZABETH F. RABITO MY COMMISSION EXPIRES Au ,,,p�;;,;•• • gust 29, 2018 Publisher's Representative NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS ZONE CHANGE APPLICATION NUMBER: ZONE 16-00006 Notice is hereby given that on June 20, 2016, at 6:30 p.m., the City Council and Planning and Zoning Commission of the City of Pearland, in Brazoria, Harris and Fort Bend Counties, Texas, will conduct a joint public hearing in the Council Chambers of City Hall, located at 3519 Liberty Drive, Pearland, Texas, at the request of City; for approval of a change in zoning to amend the Stonebridge Planned Development to allow auto related uses by a Conditional Use Permit on properties designated General Business (GB); on approximately 123.33 acres of land, to wit: Being a 39.50 tract of land being out of the D.H.M. Hunter Survey, Abstract 76, being a portion of the same 181.6209 acre survey as described in a deed dated June 4, 1981, from the C. H. Alexander Trust to Sue Alexander Morrison a.k.a. Susie Alexander Morrison, and recorded in Volume 1596, Page 93 et seq of the Brazoria County Deed Records (B.C.D.R.); and Being a 83.83 acre tract of land being out of the D.N.M. Hunter Survey, Abstract 76 and the H.T. & B.R.R. Company Survey. Abstract 233. Being a portion of the same 181.6209 acre survey as described in a deed dated June 4, 1981, from the C.H. Alexander Trust to Sue Alexander Morrison, and recorded in Volume 1596, Page 93 et seq of the Brazoria County Deed Records (B.C.D.R.). General Location: East and West sides of Pearland Parkway, North of Barry Rose Road — Stonebridge Planned Development At said hearing, all interested parties shall have the right and opportunity to appear and be heard on the subject. For additional information, please contact the Planning Department at 281-652-1765. Frankie Legaux City Planner ORDINANCE NO. 2000M-151 Exhibit "C" STATE OF TEXAS COUNTY OF BRAZORIA Personally appeared before the undersigned, a Notary Public within and for said County and State. Buzz Crainer, Representative for Brenda Miller Fergerson, Publisher of the Pearland Journal, a newspaper of general circulation in the County of Brazoria, State of Texas. Who being duly sworn, states under oath that the report of Legal Notice ZCA No. Zone 16-00006, a true copy of which is hereto annexed was published in said newspapers in its issue(s) of July 14, 2016. Sworn to and subscribed before me this a otary Pub My commission expires on u • isher's Representative day of JtL/y , 2016. ELIZABETH F. RABITO MY COMMISSION EXPIRES August 29,2018 NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS ZONE CHANGE APPLICATION NUMBER: ZONE 16-00006 Notice is hereby given that on August 1, 2016, at 6:30 p.m., the City Council and Planning and Zoning Commission of the City of Pearland, in Brazoria. Harris and Fort Bend Counties, Texas, will conduct a joint public hearing in the Council Chambers of City Hall, located at 3519 Liberty Drive, Pearland, Texas, at the request of City; for approval of an amendment to the Stonebridge Planned Development to require approval of a Conditional Use Permit for auto related uses and Pawn Shops, Payday Loans, and Gold Exchanges on properties where the base zoning is General Business (GB); on approximately 123.33 acres of land, to wit: Being a 39.50 tract of land being out of the D.H.M. Hunter Survey, Abstract 76, being a portion of the same 181.6209 acre survey as described in a deed dated June 4, 1981, from the C. H. Alexander Trust to Sue Alexander Morrison a.k.a. Susie Alexander Morrison, and recorded in Volume 1596, Page 93 et seq of the Brazoria County Deed Records (B.C.D.R.); and Being a 83.83 acre tract of land being out cf the D.H.M. Hunter Survey, Abstract 76 and the H T. & B R.R. Company Survey. Abstract 233. Being a portion of the same 181.6209 acre survey as described in a deed dated June 4, 1981, from the C.H. Alexander Trust to Sue Alexander Morrison, and recorded in Volume 1596, Page 93 et seq of the Brazoria County Deed Records (B.C.D.R.). General Location: East and West sides of Pearland Parkway. North of Barry Rose Road — Stonebridge Planned Development. At said hearing, all interested parties shall have the right and opportunity to appear and be heard on the subject. For additional information, please contact the Planning Department at 281-652- 1765. Frankie Legaux City Planner Exhibit C Legal Ad NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS ZONE CHANGE APPLICATION NUMBER: ZONE 16-00006 Notice is hereby given that on August 1. 2016, at 6:30 p.m., the City Council and Planning and Zoning Commission of the City of Pearland. in Brazoria. Harris and Fort Bend Counties, Texas. will conduct a point public hearing in the Council Chambers of City Hall. located at 3519 Liberty Drive Pearland, Texas, at the request of City; for approval of an amendment to the Stonebridge Planned Development to require approval of a Conditional Use Permit for auto related uses and Pawn Shops. Payday Loans. and Gold Exchanges on properties where the base zoning is General Business (GB); on approximately 123.33 acres of land. to wit Being a 39.50 tract of land being out of the D.H M Hunter Survey, Abstract 76. being a portion of the same 181.6209 acre survey as described in a deed dated June 4. 1981. from the C H Alexander Trust to Sue Alexander Morrison a.k.a. Susie Alexander Morrison, and recorded in Volume 1596. Page 93 et seq of the Brazoria County Deed Records (6 C.D,R. ): and Being a 83.83 acre tract of land being out of the D.H.M. Hunter Survey. Abstract 76 and the H T & B.R R. Company Survey Abstract 233. Being a portion of the same 181.6209 acre survey as described in a deed dated June 4, 1981, from the C.H. Alexander Trust to Sue Alexander Morrison, and recorded in Volume 1596, Page 93 et seq of the Brazoria County Deed Records (B.C.D R ) General Location East and West sides of Pearland Parkway North of Barry Rose Road — Stonebridge Planned Development At said hearing. all interested parties shall have the right and opportunity to appear and be heard on the subject. For additional information please contact the Planning Department at 281-652- 1765. Frankie Legaux City Planner Page 8 of 11 Ord. No 2000M-151 ORDINANCE NO. 2000M-151 Exhibit "C" STATE OF TEXAS COUNTY OF BRAZORIA Personally appeared before the undersigned, a Notary Public within and for said County and State. Buzz Crainer, Representative for Brenda Miller Fergerson, Publisher of the Pearland Journal, a newspaper of general circulation in the County of Brazoria, State of Texas. Who being duly sworn, states under oath that the report of Legal Notice, ZCA No. Zone 16-00006 Stonebridge,a true copy of which is hereto annexed was published in said newspapers in its issue(s) of September 07, 2016. Sworn to and subscribed before me this )1;14 (t -ti tiq Notary Public My commission expires on Publis er's Representative day of 1:)ePI--611p i 2016. MARILYN ZARATE My Comminion Expires ggpfembor 07, 2018 NOTICE OF A JOINT PUBLJC HEARING OF THE CRY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CRY OF PEARLAND, TEXAS ZONE CHANGE APPLICATION NUMBER: ZONE 16-00006 Notice is hereby given that on September 26.2016, at 6:30 p.m., the City Council and Planning and Zoning Commission of the City of Pearland. in Brazoria. Hams and Fort Bend Counties, Texas, will conduct a joint public hearing in the Council Chambers of City Hall, located at 3519 Liberty Drive, Pearland, Texas, at the request of City; for approval of an amendment to the Stonebridge Planned Development to require approval of a Conditional Use Permit for auto related uses and Pawn Shops, Payday Loans, and Gold Exchanges on properties where the base zoning is General Business (GB); on approximately 123.33 acres of land, to wit: Being a 39.50 tract of land being out of the D.H.M. Hunter Survey, Abstract 76, being a portion of the same 181.6209 acre survey as described In a deed dated June 4, 1981, from the C. H. Alexander Trust to Sue Alexander Morison a.k.a. Susie Alexander Morrison, and recorded in Volume 1596, Page 93 et seq of the Brazoria County Deed Records (B.C.D.R.); and Being a 83.83 acre tract of land being out of the D.H.M. Hunter Survey, Abstract 76 and the H.T. & B.R.R. Company Survey. Abstract 233. Being a portion of the same 181.6209 acre survey as described in a deed dated June 4, 1981, from the C.H. Alexander Trust to Sue Alexander Morrison, and recorded in Volume 1596, Page 93 et seq of the Brazoria County Deed Records (B.C.D.R.). General Location: East and West sides of Pearland Parkway, North of Barry Rose Road — Stonebridge Planned Development. At said hearing, all interested parties shall have the right and opportunity to appear and be heard on the subject. For addrtional information, please contact the Planning Department at 281-652-1765. Frankie Legaux City Planner NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS ZONE CHANGE APPLICATION NUMBER: ZONE 16-00006 Notice is hereby given that on September 26, 2016. at 6:30 p.m., the City Council and Planning and Zoning Commission of the City of Pearland. in Brazoria. Harris and Fort Bend Counties, Texas, will conduct a joint public hearing in the Council Chambers of City Hall, located at 3519 Liberty Drive, Pearland, Texas, at the request of City; for approval of an amendment to the Stonebridge Planned Development to require approval of a Conditional Use Permit for auto related uses and Pawn Shops. Payday Loans, and Gold Exchanges on properties where the base zoning is General Business (GB): on approximately 123.33 acres of land, to wit: Being a 39.50 tract of land being out of the D.H.M. Hunter Survey, Abstract 76, being a portion of the same 181.6209 acre survey as described in a deed dated June 4, 1981, from the C. H. Alexander Trust to Sue Alexander Morrison a.k.a. Susie Alexander Morrison, and recorded in Volume 1596, Page 93 et seq of the Brazoria County Deed Records (B.C.D.R.): and Being a 83.83 acre tract of land being out of the D.H.M. Hunter Survey, Abstract 76 and the H.T. & B.R.R. Company Survey. Abstract 233. Being a portion of the same 181.6209 acre survey as described in a deed dated June 4. 1981, from the C.H. Alexander Trust to Sue Alexander Morrison. and recorded in Volume 1596. Page 93 et seq of the Brazoria County Deed Records (B.C.D.R.). General Location: East and West sides of Pearland Parkway, North of Barry Rose Road — Stonebridge Planned Development. At said hearing. all interested parties shall have the right and opportunity to appear and be heard on the subject. For additional information, please contact the Planning Department at 281-652-1765. Frankie Legaux City Planner Page 9of11 Ord. No 2000M-151 ORDINANCE NO. 2000M-151 Exhibit "D" Exhibit D Planning and Zoning Commission Recommendation Letter Planning & Zoning Commission Recommendation Letter September 27, 2016 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on Zoning Change Application No. ZONE 16-00006 Honorable Mayor and City Council Members: At their regular meeting on September 26, 2016, the Planning and Zoning Commission considered the following: At the request of City; for approval of an amendment to the Stonebridge Planned Development to allow require approval of a Conditional Use Permit for auto related uses and Pawn Shop , Payday Loans, and Gold Exchanges on properties designated General Business (GB); on approximately 123.33 acres of land. Legal Description: Being a 39.50 tract of land being out of the D.H.M. Hunter Survey, Abstract 76, being a portion of the same 181.6209 acre survey as described in a deed dated June 4, 1981, from the C. H. Alexander Trust to Sue Alexander Morrison a.k.a. Susie Alexander Morrison, and recorded in Volume 1596, Page 93 et seq of the Brazoria County Deed Records (B.C.D.R.); and Being a 83.83 acre tract of land being out of the D.H.M. Hunter Survey, Abstract 76 and the H.T. & B.R.R. Company Survey. Abstract 233. Being a portion of the same 181.6209 acre survey as described in a deed dated June 4, 1981, from the C.H. Alexander Trust to Sue Alexander Morrison, and recorded in Volume 1596, Page 93 et seq of the Brazoria County Deed Records (B.C.D.R.). General Location: East and West sides of Pearland Parkway, North of Barry Rose Road — Stonebridge Planned Development. P&Z Commissioner Isenberg made the motion to recommend approval of Zone Change Application No. ZONE 16-00006, Commissioner Pradia seconded the motion. The motion passed by a vote of 5-0. Page 10 of 11 Ord. No 2000M-151 Sincerely, Martin Griggs Senior Planner On behalf of the Planning and Zoning Commission Page 11 of 11 Ord. No 2000M-151 ORDINANCE NO. 2000M-151 Exhibit "E" 4491(000d 04. N -D. 50- -704 Exhibit E PROPOSED PLANNED UNIT DEVELOPMENT 123.34 acres PEARLAND PARKWAY ,o,o4 nrnm ADD Q A 911M1d Table of Contents 1. Planning Objectives 2. Land Usage Summary 3. Entrance Treatments 4. Residential West of Pearland Parkway 5. Residential East of Pearland Parkway 6. General Business Sites 7. Pearland Parkway Overlay District 8. Additional Requirements 9. Development Schedule 10. Sale Plan Appendices A. Site Plan B. Survey C. Typical Park or Detention Area Landscaping D. Pearland Parkway Overlay Landscaping E. Traffic Plan F. Drainage Plan G. Additional Landscaping Exhibits Planning Objectives The 123.34 -acre Planned Unit Development is designed to permit the creation of a mixed use development on Pearland Parkway in a way that preserves the attractiveness and convenience of the site while providing a variety of upper mid -priced single family dwelling units. The parcel is outside of the 100 -year flood plain except for the eastern section which terminates in the Clear Creek floodway. The land is flat and clear except for some trees along the creek. The property is currently owned by Sue Alexander Morrison. (See Survey Appendix) The general plan of the P.U.D. is two sections of R-2 residential with a small section of General Business along Pearland Parkway. Landscaping and detention ponds and fountains separate the residential from the thoroughfares and from the general business area. In addition, masonry fencing separates the residential from the ponds and landscaping at both the Old Alvin Road and the Pearland Parkway entrances. The development provides a logical transition from the development on the south to the one on the north. The tract immediately south is zoned R-3 with smaller lot sizes and higher density while the property to the north is an R-2 P.U.D. with a mixture of lot sizes. Nevertheless, the smallest lot size in the proposed P.U.D. is larger than the smallest lots in either the development above or the development below. The proposed P.U.D. allows single family homes in the upper -middle price ranges from Old Alvin Road toward the west side of Pearland Parkway and from the east side of Pearland Parkway toward Clear Creek. Detention ponds and fountains provide scenic separation from City Service sites and traffic along Old Alvin Road at the western entrance to the development. There are also general business sites along both sides of Pearland Parkway. The P.U.D. stipulates that these areas meet all the requirements of Pearland Parkway Overlay District. Landscaped detention areas with ponds and fountains will help buffer residential areas from the general business parcels. The result is a natural transition from the parkway, through the general business sections, past open areas, and finally ending in the residential neighborhoods. Park lands are carefully situated to compliment the land usage in adjacent developments. Several fault lines terminate in the development to the north, dictating park locations in that development. Parklands in the proposed P.U.D. are located in alignment with the parks to the north, avoiding problems with any undetected extensions of the fault lines and providing a logical connection of the open areas. A 8' wide pedestrian pathway corridor & concrete jogging trail will be located to connect with the trail to the north and south of the development and maintained by the Owners Association. Any existing trees and other vegetation along the creek will be let in place. Parks and open areas will be landscaped with trees, shrubs, lawns, and benches. Land Usage Summary The proposed Planned Unit Development will include a mix of land usage as summarized in the following table: LAND USAGE Usage Acres % S.F.U. - 80' 23.98 19.4 S.F.U. - 70' 57.72 46.8 General Business 12.74 10.3 Parks 2.42 2.0 Detention 26.48 21.5 Total 123.34 100.0 RESIDENTIAL LOT SUMMARY Lot Size Units % 80 X 121 81 28.1 70 X 139 116 40.3 70 X 121 91 31.6 Total 288 100.0 41 0 a,,. l-ko, reonA.J. toof ch 4-444, v The gross density for residential is 2.34 units per acre. The net density is 3.29 units per acre. Entrance Treatments Detention Ponds will be masked as a beautiful water feature to combine aesthetics and functionality. The ponds shall be surrounded by landscaping as shown in the Typical Park or Detention Area Landscaping Appendix. These features separate the residential areas from the thoroughfares and from general business areas. A masonry wall and appropriate landscaping shall separate and demarcate the residential areas. This treatment provides additional sound buffering and a pleasant visual transition from busy thoroughfares and general business areas. Residential West of Pearland Parkway The residential section west of Pearland Parkway shall consist of detached, single family dwelling units and appropriate open park land. All residential sites in the P.U.D. west of Pearland Parkway shall conform to the requirements for R-2 Residential Zoning. The entrance from Old Alvin Road shall include highlighted water features and landscaping. No builder shall place the same home elevation in any five consecutive Tots on the same side of the street or on any of the lots on the opposite side of the street from the five consecutive lots. This restriction, more stringent than for most existing Pearland subdivisions, will promote a more interesting streetscape and a more pleasing sense of diversity. Lot setback lines may vary from 20' to 30' to promote variety. Each lot shall have a minimum of three trees. Masonry Fences shall be built between the residential area and the water feature/landscaped area facing Old Alvin Road and the area facing Pearland Parkway. Ponds shall have a lighted fountain. Each common open space or detention pond area shall be appropriately graded, turfed, surfaced or otherwise landscaped and provided with suitable drainage facilities. (See Open Space Landscape Example) For any land or facilities to be used in common by residents of the development, there shall be provisions made for the establishment of a property owners association to manage and maintain such common facilities. Residential East of Pearland Parkway The residential section east of Pearland Parkway shall consist of detached, single family dwelling units. All residential sites in the P.U.D. east of Pearland Parkway shall conform to the requirements for R-2 Residential Zoning. No builder shall place the same home elevation in any five consecutive lots on the same side of the street or on any of the lots on the opposite side of the street from the five consecutive lots. Lot setback lines may vary from 20' to 30' to promote variety. Each lot shall have a minimum of three trees. Masonry Fences shall be built between the residential area and the detention pond/landscaped area facing Pearland Parkway. Ponds shall have a lighted fountain. Each common open space or detention pond area shall be appropriately graded, turfed, surfaced or otherwise landscaped and provided with suitable drainage facilities. (See Open Space Landscape Example) For any land or facilities to be used in common by residents of the development, there shall be provisions made for the establishment of a property owners association to manage and maintain such common facilities. General Business Sites The general business sites in the development are located on either side of Pearland Parkway, as shown on the Site Plan. This is consistent with other developments that have general business sites along Pearland Parkway. The GB zone shall comply with all requirements of the Pearland Parkway Overlay District. Permitted uses shall be the same as those set forth in Table III of the City of Pearland Land Use & Urban Development Ordinance, Revised April 22, 2002 as it pertains to property zoned GB General Business District. The following automobile related uses shall require approval of a Conditional Use Permit in the GB zone: All Terrain Vehicle (Go-Carts & Motor Cycles) Dealer/Sales Auto Accessories and/or Parts (Only Retail Sales in building, no outside storage or display, no repair) Auto Glass Repair/Tinting Auto Interior Shop/Upholstery Auto Parts Sales (With Outside Storage or Display) Auto Parts Sales (Indoors Only; With Repair Bays) Auto Rental Auto Repair (Major) Auto Repair (Minor) Auto Sales/Dealer (New-In Building, Auto Servicing and Used Auto Sales as accessory uses only) Combined auto lease Auto Wash (Full Service/Detail Shop) Auto Wash (Self-Service) Auto Wrecker Service Boat Sales/Personal Watercraft Sales (New/Repair) Bus or Truck Storage Commercial Transit Terminal Gasoline Station (With or Without Auto Wash - Self Serve) Limousine/Taxi Service Motorcycle Sales/Dealer (New/Repair) Parking Lot or Garage for passenger cars and trucks of less than one (1) ton capacity Tire Retreading and Capping Tire Sales (Outdoors, With Open Storage) Transfer Station (Refuse/Pick-up) Truck (Heavy) and Bus Rental or Sales Truck or Freight Terminal Pawn Shop, Pay Day Loan (including Title Loans and Check Cashing) & Gold Exchange In connection with any permitted use, there shall be allowed the incidental display of merchandise out of doors subject to the following limitations: All display areas out of doors shall be confined to a pedestrian walkway immediately adjacent to the building housing the primary use, shall not extend from such building a distance of more than ten (10) feet, and shall be located wholly under a permanent part of a main business building such as a marquee, provided that adequate pedestrian access is maintained. Adequate pedestrian access shall be an unobstructed thirty-six (36) inch walkway. Screening and fencing shall be provided and maintained as set forth in Section 30 of the City of Pearland Land Use & Urban Development Ordinance (Pearland Parkway Overlay District). Parking and loading areas shall be subject to the requirements of Section 30 of the City of Pearland Land Use & Urban Development Ordinance. All refuse and refuse containers shall be screened from view of all public streets, unless permanent fixtures, aesthetically designed for visible locations. The general business area shall be buffered from the residential area by a masonry wall. All access to general business sites in the P.U.D. shall conform to the requirements of the City of Pearland Engineering Design Criteria Manual. Pearland Parkway Overlay District All property within the Pearland Parkway Overlay District shall comply with all requirements of the Overlay District. Additional Requirements Except as otherwise provided in this document, each land use and parcel development shall comply with the City of Pearland Zoning Ordinance, Subdivision Ordinance, Building Code and other applicable development regulations. Parklands There shall be provisions made for the establishment of a property owners association to own, manage and maintain the 2.42 acres of park land (See Site Plan). The developer shall pay park fees in lieu of dedication of park land. Traffic Impact Analysis Before Preliminary Platt submittal, a Traffic Impact Analysis study shall be completed. A street connection shall be made to Schleider Dr. if recommended by the Traffic Impact Analysis study. (See Site Plan) Development Schedule Development will proceed in four stages, beginning in June, 2004. The first stage will involve the major infrastructure including most street improvements, utilities and detention. Homes will be constructed in the next three phases, beginning closest to Pearland Parkway and proceeding toward Clear Creek to the east and toward Old Alvin Rd. to the west: Phase I June 04 - Sept. 04 Final Engineering, Entitlements and Approvals, Dirt work, Construction of Boulevard Entrances, Major Street, Utility and Detention. Phase II Oct. 04 - Aug. 05 Entrance Monumentation, Local Utility Lines, Begin Residential West of Pearland Parkway, Phase III Sept. 05 - July 06 Begin Residential East of Pearland Parkway. Additional Local Streets and Utility Lines Continue Residential West of Pearland Parkway, Continue Residential East of Pearland Parkway. Begin General Business. Phase IV Aug. 06 - June 06 Final Residential East of Old Alvin Rd., Final Residential East of Pearland Parkway. Final General Business. Sale Plan Lots to the west and east of Pearland Parkway will be sold to several major builders whose product offering is compatible with the price / zoning requirements of the project. The general business tracts along the parkway will be sold beginning in Phase 111 as demand dictates. 39.50 ACRE TRACT OF LAND SITUATED IN THE D.H.M. HUNTER SURVEY, ABSTRACT 76, PEARLAND, BRAZORIA COUNTY, TEXAS BEING a 39.50 acre tract of land being out of the D.H.M. Hunter Survey, Abstract 76, being a portion of the same 181.6209 acre survey as described in a deed dated June 4, 1981, from the C.H. Alexander Trust to Sue Alexander Morrison a.k.a. Susie Alexander Morrison, and recorded in Volume 1596, Page 93 et seq of the Brazoria County Deed Records (B.C.D.R.) and being more particularly described (with all bearings and coordinates referenced to the Texas State Plane Coordinate System, Central Zone, North American Datum 1983 and distances expressed in surface U.S. Survey Feet) as follows: COMMENCING at a''/2 -inch iron rod, found as called, at the intersection of the easterly right-of-way of Old Alvin Road (90 feet wide at the point) as described in a deed dated September 15, 1979 from John H. Alexander, Executor to the City of Pearland and recorded in Volume 1475, Page 837, B.C.D.R. and the north right-of-way of Orange Street (50 feet wide) as described in a deed dated April 3, 1991, from Sue Alexander Morrison to the City of Pearland, as recorded under Brazoria County Clerk's File No. (91) 910298, said point occupying Texas State Plane Coordinate values Y=13,773,406.44 and X=3,151,631.89, said point also being the most southwesterly corner of said 181.6209 acre survey, above; THENCE, N 02° 43' 44" W, along said easterly right-of-way line of Old Alvin Road, a distance of 374.87 feet to a '/z -inch iron rod, found as called, for a point of curvature of a curve to the left and northwesterly; THENCE, continuing along said easterly right-of-way line, along said curve to the left and northwesterly, an arc distance of 204.01 feet to a 5/8 -inch iron rod with cap, set, for the a point of reverse curvature, said curve having a radius of 2.036.66 feet, a central angle of 5° 44' 21" and a long chord which bears N 5° 35' 55" W, 203.92 feet; THENCE, continuing along said easterly right-of-way line, along a curve to the right and northwesterly, an arc distance of 75.07 feet to a 5/8 -inch iron rod, found, for a point on curve and the northwest corner of the parent tract, said curve having a radius of 1,956.66 feet, a central angle of 2° 11' 53" and a long chord which bears N 6° 44' 45" W, 75.06 feet, said point also being the southwest corner of a tract of land as described in a deed dated January 2, 2001 from Patricia Alexander Wood to Beazer Homes Texas, L.P. as recorded under Brazoria County Clerk's File No. (01) 000 875; THENCE, N 87° 12' 12" E, departing said Old Alvin Road, along the south line of said Beazer Homes tract, a distance of 2,554.79 feet to a'/Z-inch iron rod, found as called for an angle point, said point also being on the northeast line of said the H.T.&B.R.R. CO. Survey, Abstract 233 and the southwest line of said D.H.M. Hunter, Abstract 76; THENCE, N 41° 39' 58" E, departing said common line and continuing along said Beazer Homes tract, a distance of 2,260.05 feet to a 5/8 -inch iron rod with cap, set in the easterly right-of-way of Pearland Parkway (130 feet wide) for the POINT OF BEGINNING of the herein described tract, occupying Texas State Plane Co-ordinates Y=13,775,871.35 and X=3,155,639.54; THENCE, N 41° 39' 58" E, continuing along said Beazer Homes tract, a distance of 1,952.67 feet to a point in the centerline of Clear Creek (a non -navigable stream) for the most northerly corner of the herein described tract, from which 5/8 -inch iron rod with cap, set on the easterly high bank bears N 41° 39' 58" E, a distance of 63.17 feet; THENCE, along and with the centerline of said Clear Creek the following meanders: S 27° 14' 47" E, 95.71 feet; S 29° 12' 16" E, 97.96 feet; S 31° 28' 18" E, 43.32 feet; S 28° 59' 35" E, 92.91 feet; S 33° 31' 55" E, 110.11 feet; S 43°51' 30" E, 43.96 feet; S 55° 54' 08" E, 107.02 feet; S 49° 48' 56" E, 104.18 feet; S 28° 08' 19" E, 105.12 feet; S 13° 36' 45" E, 41.82 feet; S 6° 43' 38" E, 97.54 feet to a point on the southerly line of the aforementioned 181.6209 acre tract, also being the north line of the aforementioned 155.4029 acre John Alexander tract as recorded under Brazoria County Clerk's File No. (91) 880476; THENCE, S 41° 40' 41" W, departing said Clear Creek, along and with the southerly line of said 181.6209 acre Morrison tract, a distance of 1,948.44 feet, to a 5/8 -inch iron rod with cap, set for a point on the east right-of-way of said Pearland Parkway for the southwest corner of the herein described tract; THENCE, N 32° 42' 50" W, along the easterly right-of-way line of Pearland Parkway, as described in a deed dated April 23, 2001 from Sue Alexander Morrison to the City of Pearland as recorded under Brazoria County Clerk's File No. (01) 016877, a distance of 910.96 feet to the POINT OF BEGINNING, containing 39.50 acres of land. 83.83 ACRE TRACT OF LAND SITUATED IN THE D.H.M. HUNTER SURVEY, ABSTRACT 76, AND THE H.T.&B.R.R. CO. SURVEY, ABSTRACT 233 PEARLAND, BRAZORIA COUNTY, TEXAS BEING a 83.83 acre tract of land being out of the D.H.M. Hunter Survey, Abstract 76 and the H.T.&B.R.R. Company Survey, Abstract 233, being a portion of the same 181.6209 acre survey as described in a deed dated June 4, 1981, from the C.H. Alexander Trust to Sue Alexander Morrison a.k.a. Susie Alexander Morrison, and recorded in Volume 1596, Page 93 et seq of the Brazoria County Deed Records (B.C.D.R.) and being more particularly described (with all bearings and coordinates referenced to the Texas State Plane Coordinate System, Central Zone, North American Datum 1983 and distances expressed in surface U.S. Survey Feet) as follows: BEGINNING at a'h-inch iron rod, found as called, at the intersection of the easterly right-of-way of Old Alvin Road (90 feet wide at this point) as described in a deed dated September 15, 1979 from John H. Alexander, Executor to the City of Pearland and recorded in Volume 1475, Page 837, B.C.D.R. and the north right-of-way of Orange Street (50 feet wide) as described in a deed dated April 3, 1991, from Sue Alexander Morrison to the City of Pearland, as recorded under Brazoria County Clerk's File No. (91) 910298 B.C.D.R., said point occupying Texas State Plane Coordinate values Y=13,773,406.44 and X=3,151,631.89, said point also being the most southwesterly corner of said 181.6209 acre survey, above; THENCE, N 02° 43' 44" W, along said easterly right-of-way line of Old Alvin Road, a distance of 374.87 feet to a 'A -inch iron rod, found as called, for a point of curvature of a curve to the left and northwesterly; THENCE, continuing along said easterly right-of-way line, along said curve to the left and northwesterly, an arc distance of 204.01 feet to a 5/8 -inch iron rod with cap, set for a point of reverse curvature, said curve having a radius of 2,036.66 feet, a central angle of 5° 44' 21" and a long chord which bears N 5° 35' 55" W, 203.92 feet; THENCE, continuing along said easterly right-of-way line, along a curve to the right and northwesterly, an arc distance of 75.07 feet to a 5/8 -inch iron rod, found, for a point on curve and the northwest corner of the herein describe tract, said curve having a radius of 1,956.66 feet, a central angle of 2° 11' 53" and a long chord which bears N 6° 44' 45" W, 75.06 feet, said point also being the southwest comer of a tract of land as described in a deed dated January 2, 2001 from Patricia Alexander Wood to Beazer Homes Texas, L.P. as recorded under Brazoria County Clerk's File No. (01) 000875; THENCE, N 87° 12' 12" E, departing said Old Alvin Road, along the south line of said Beazer Homes tract, a distance of 2,554.79 feet to a'A-inch iron rod, found as called for an angle point, said point also being on the northeast line of said the H.T.&B.R.R. Co. Survey, Abstract 233 and the southwest line of said D.H.M. Hunter, Abstract 76; THENCE, N 41° 39' 58" E, departing said common line and continuing along said Beazer Homes tract, a distance of 2,125.06 feet to a 5/8 -inch iron rod with cap, set in the westerly right-of-way of Pearland Parkway (130 feet wide) and being the northeast corner of the herein described tract; THENCE, S 32° 42' 50" E, along the westerly right-of-way line of Pearland Parkway, as described in a deed dated April 23, 2001 from Sue Alexander Morrison to the City of Pearland as recorded under Brazoria County Clerk's File No. (01) 016877, a distance of 910.95 feet to a 5/8 -inch iron rod with cap, set for the most easterly corner of the herein described tract, also being a point on the north line of a tract as described in a deed dated June 20, 2003 from John Alexander Family Limited Partnership to RH of Texas Limited Partnership, as recorded under Brazoria County Clerk's File No. (03) 037862; THENCE, S 41° 40' 14" W, along said RH of Texas tract, a distance of 1,878.72 feet to a V2 -inch iron rod, found as called, for an angle point in the herein described tract, said point also being on the northeast line of said the H.T.&B.R.R. Co. Survey, Abstract 233 and the southwest line of said D.H.M. Hunter, Abstract 76; THENCE, S 82° 58' 29" W, along the southerly line of a Boundary Line Agreement, dated September 15, 1983 between Sue Alexander Morrison and John Alexander, as recorded in Volume 1744, Page 18, B.C.D.R., said line is also the north line of the Creekside Section 1 Subdivision as recorded in Volume 24, Page 9-10, Brazoria County Plat Records (B.C.P.R.), a distance of 1,141.72 feet to an "X" cut in concrete for a southerly corner of the herein described tract: THENCE, 2° 20' 07" W, a distance of 30.10 feet to a 5/8 -inch iron rod with cap, set for an interior corner of the herein described tract, also being a point on the northerly line of the aforementioned Orange Street; THENCE, S 83° 00' 50" W, continuing along and with the north line of said Orange Street, a distance of 1.25 feet to a 5/8 -inch iron rod with cap set for a corner of the herein described tract; THENCE, S 87° 36' 37" W, continuing along and with said north line of Orange Street, a distance of 2,027.31 feet to the POINT OF BEGINNING, containing 83.83 acres of land. • • • • LEGENP PROPOSED STOP SIGN ----- / STOP TYPICAL STOP SIGN R1 —1 .„1•;liK • >its `‘ s 0/7 // 11 1 POITNI7k R.(1.* CC•oNrCOON TO EX OF TIRMO4D Elv t A PEARLAND CONCEPTUAL LAYOUT 15 • 11.••••••:•• .0•Ill Or Uwe tOC•11:0 e• nit 0 o l• ...an* MKT A- •4 A ••• • • RAP CO ,ac, •-213 Or, •IJOIJO0 ~CO. Mee. rtn•S BROWNam evawlx101 • laminIrro.• $1••• .0,10011111L WON ./1 is GAY— ••••• 0.0.111, M. • • • 1 /VOL •i• 13.0 .4 -ft OEM •• 7'+1 FB *1 3CE SLOPES 33' MAW. BEM VOL •• 17.0 AT -ft DEPTH •• es+, FB 3t 1 ME !LOPES 30' Wan'. SEMI 1•EL. e0.2 Air -Ft OEPTH 1itrEs1 F 341 ME 30' YAW. NMI 7-7 /LA.& • ..i.-1.4.4LCIA, ••• *IN VOL •• 13.0 /4-41 d 11 i I I 017114 ., 7+1 FS i 1 31 SCE 202E3 30 MMT. OEM VOL •• 17.0 Arn C191 - 5+1 FB IP110E SIPES 30 wart sew ROTERTNI. R OR. CORRECTION TO NE °miaow) BY '1 & PEARLAND CONCEPTUAL LAYOUT 15 • o•rrartal Or2 .0•I'S •41 LOCOCD • C .• •k•OCP Of • . 1 • • RA CO %RV', 1-13.1 CIO •CMIUMO 11111111••• =MN MRS BRowNa.ROMA • SaRrolo 1.440 •11T0111•L .1•10 & GAy .01111ft RIM MO MI -a,' nomson. ••• SAVANNAH NOW AS GALLON BRADFORD FEARS (t 11 S:OEIAlt WOE tTRE 1Sj �`- LIVE Outs f ' O.C.f t' YEAN*J NG 110E1Ait UYE OAtt 1 !G' O.C.) SNUYARD REQ OAKS i1' 1S' C.C.) Pines Pines Pines Pines Crepe Myrtles Pines DETENTION POND Crepe Myrtle 4" Sidewalk Pines DETENTION LANDSCAPE Live Oaks Red Oaks\ At. • Bradford Pe 4" liiiCypress+'t: Crepe Myrtles Lilies & Irises f O Red O- kit e'\:Live Oaks , Bald Cypr-- '`ti Live Oats Live Oaks Red Oaks r \ �- t ' Crepe Myrtles\_ / \ Lilies & Irises �___—�'' Crepe Myrtl 1 Lilies & Irises 1 Gt' $ Crepe Myrtles Lilies & Irises Live Oaks Open Lawn f Playground Equipment 1 Optional - See Example I c 'May Substitute Pines For Up to 50% of Trees' To Create Variety & Year Round Greenery Crepe Myrtles, Lilies & Irises /7 Bald Cypress 1 tY tair N 4" Sidewalk Red Oaks Crepe Myrtles. Lilies & Irises Live Oaks Crepe Myrtles e Oaks Cypress Red Oaks Crepe Myrtle Live Oaks PARK LANDSCAPE PLAN Swingset Other Equipment Typical Playground Plan Subject To Change By H.O.A. Owned & Maintained To City Park Standards By H.O.A. 0• cc, 0 001 0 0 60 Bencq. h tp. Sandbox --_---------- 0 9 c'e ° tb Jo o G .Q abb VJ 0 Gazebo PLAYGROUND EXAMPLE Interlock Post Piers Set In Concrete 18" X 24" Min. Holes 6' 0" 6' X 5' X 1' Sections Precast Concrete, Patterned MASONERY FENCE SCEMATIC Typical Precast Fence Examples: Stucco Style Brick Style Rock Style 1 i 4,pQQO • #4. 404°4:k ewe , • j =NU !fes ro1o•e.. vet os.ccev anor� AtOt am w. amts ual 11.4 AFP ovED PEARLAND CONCEPTUAL LAYOUT 15 A 311801YISICN Of 123.34 ACRE_ OP IANC LLCATEL IN ME 011.111 HLN1ER S RVEY, A-76 & THE H.T. R B.R.R. CO. SURVEY, 4-233 q7+' Cf PEARLAND 9R420RA COUNTY, TExAS aw LOTS &N&NC 1.-oor B [NII. INGIILM, 4 new, cs IIYO IU :new,: M & GAY ocoorr. .t