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R2004-180 10-25-04 RESOLUTION NO. R2004-180 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A DEVELOPMENT AGREEMENT WITH LNR CLEAR CREEK SPECTRUM LIMITED PARTNERSHIP FOR DEVELOPMENT OF A BUSINESS PARK. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain Development Agreement by and between the City of Pearland and LN R Clear Creek Spectrum Limited Partnership, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest a Development Agreement with LNR Clear Creek Spectrum Limited Partnership for development of a Business Park. PASSED, APPROVED and ADOPTED this the 25th day of October , A.D.,2004. ATTEST: Y/~CING ~N~, =I-~C / ~7'Y SEEfRETARY ~' APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR Exhibit "A" Resolution No. 2004-180 DEVELOPMENT AGREEMENT (EXHIBIT "A" TO RESOLUTION NO. R2004) This Agreement is entered into this 1 4 day of ~o~ta4/0~., 2004, by and between the City of Pearland, Texas (hereinafter "City"), and LNR Clear Creek Spectrum Limited Partnership, a Texas limited partnership, (hereinafter "Developer"). WHEREAS, Developer (or an affiliate of Developer) is the holder of the right to acquire and develop the property described in Exhibit A attached hereto (the "Property") Developer currently intends to develop and improve the Property in various phases as a Business Park in conformance with guidelines promulgated by the City; WHEREAS, to facilitate the development of the Property the City has agreed to take certain actions and to construct, or cause to be constructed, various public improvements; and WHEREAS, the City and Developer, after careful consideration, have concluded that the development of the Property will further the growth of the City, increase the assessed valuation of the real estate situated within the City, foster increased economic activity within the City, increase employment opportunities within the City, upgrade public infrastructure within the City, and otherwise be in the best interest of the City by furthering the health, safety, morals and welfare of its residents and tax payers. WITNESSETH: NOW, THEREFORE, in consideration of the foregoing premises and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, it is hereby agreed as follows: ARTICLE I DEFINITIONS; INCORPORATION OF RECITALS 1.1 Definitions. Capitalized terms used herein, including the recitals hereto, shall have the meanings set forth in this section, unless otherwise defined, or unless the context clearly requires another definition. Affiliate means with respect to any party any entity which either directly or indirectly controls or manages, is controlled or managed by or is under common control or management with such party. For purposes hereof, "control" means the right or power to direct the policies of another through management authority, stock ownership, delegated authority, voting rights or otherwise. Business Park PUD means the planned unit development ("PUD") as defined by amendment to the City's Land Use and Urban Development Ordinance No. 509-718 attached hereto as Exhibit B and adopted by the City on June 28, 2004, which affects the Property. City means the City of Pearland, Texas, a home rule municipality located in the counties of Brazoria, Harris and Ft. Bend, Texas. Developer means LNR Clear Creek Spectrum Limited Partnership, a Texas limited partnership. Effective Date means the date on which this Agreement is fully executed by the City and the Developer. Kirby Drive Extension means that portion of Kirby Drive to be constructed from its existing northern terminus (at Shadowcreek Ranch) to the Beltway 8 frontage road and which traverses the Property (as more particularly described on Exhibits C-1 and C-2 and in Section 4.1 (iv) herein). PEDC means the Pearland Economic Development Corporation. Party or Parties means all or any of the City and the Developer, as applicable. Property means all or part of, but no less than, 102 acres of the 147 acres of real property more particularly described on Exhibit A attached hereto. Right of Way Strips means a portion of the property described on Exhibits C-2a, C-2b, C- 2c, C-2d and C-2e, equal to a twenty (20) foot strip on either side of the Kirby Drive right of way. Seasonally Saturated means soils that retain sufficient moisture to provide adequate substrate for hydrophytic vegetation to remain healthy and robust, even during prolonged periods when the waterbody has dried up and no standing water covers the soil. Spectrum District means the proposed Spectrum District, as it applies to the approximately [500] acres [Beltway 8 to Fruge; 288 to Delpapa street] described on Exhibit D attached hereto, as defined by amendment to the City's Land Use and Urban Development Ordinance. Substantial Completion Date means the date on which the Kirby Drive Extension has been paved, the utilities related thereto are functioning, and is open to use by owners or lessees of property (and their employees, customers, invitees, licensees and guests) within the Business Park PUD. 1.2 Recitals Incorporated. The representations, covenants, and recitations set forth in this Agreement are material to this Agreement and are hereby found and agreed to be true and correct and are incorporated into and made part here of as though they were fully set forth in this article. ARTICLE II COOPERATION Action of the Parties. The parties agree to take such actions, including the execution and delivery of such documents, instruments and, in the City's case, the adoption of such ordinances and resolutions, as may be necessary or appropriate to carry out the terms and intent of this Agreement. parties. ARTICLE III EFFECTIVENESS OF AGREEMENT This agreement shall become effective from and after its approval and execution by both ARTICLE IV DEVELOPMENT AND USE OF THE PROPERTY AND CONSTRUCTION OF IMPROVEMENTS 4.1 City's Obligations. The City agrees to use its best efforts to take the following actions: (i) Annex the property identified on Exhibit D attached hereto, in phases, with annexation of such property to be completed no later than March 31, 2005. (ii) When each portion of the property on Exhibit D attached hereto is annexed by the City, amend the City's Land Use and Urban Development Ordinance to create the Spectrum District that will affect the property on Exhibit D attached hereto, and that will contain more stringent development regulations than currently apply to existing commercial industrial properties and are substantially similar to those regulations affecting the Business Park PUD for properties similarly situated to the property in the Business Park PUD. (iii) Amend its Comprehensive Thoroughfare Plan to include the Kirby Drive Extension, North Spectrum Drive, South Spectrum Drive and any other collector streets in the area, substantially as depicted in Exhibit E. (iv) Design, fund and construct the Kirby Drive Extension. The City shall construct the Kirby Drive Extension in accordance with the alignment shoWn on Exhibit C-1 and in the location shown on Exhibit C-2. The City shall design, fund and construct the Kirby Drive Extension, with construction of the Kirby Drive Extension to commence no later than (v) (vi) (vii) (viii) (ix) ninety (90) days after the Effective Date, with an anticipated Substantial Completion Date of no later than two hundred seventy (270) days after the Effective Date. The City will fund and construct fifth and sixth lanes at a point in the future when and if the City determines that the additional capacity is required. Acceleration/deceleration lanes are required for the Kirby Drive Extension. The City will purchase from Developer, at a price equal to $1.45 per square foot, the property for such acceleration/deceleration lanes (the "Acceleration/Deceleration Lane Property") and the City shall construct such lanes at such times as such lanes are required, and the City shall restore any sidewalk or landscaping or other improvements that are damaged during the construction of such acceleration/deceleration lanes. The closing of the purchase of the Acceleration/Deceleration Lane Property shall occur no later than forty- five (45) days after the Effective Date. Construct water lines as shown on Exhibit G-1 attached hereto, which water lines will have a minimum of 40 psi at 1600 gallons per minute at the northem terminus of Kirby Drive. The City will also construct four (4) water line stub-outs crossing the Kirby Drive right-of-way at locations to be determined by Developer prior to construction of the Kirby Drive Extension. The City will fund the costs of two (2) of these stub-outs. Construct sanitary sewer lines as shown on Exhibit H-1 attached hereto. The City will also construct four (4) sanitary sewer line stub-outs crossing the Kirby Drive right-of-way at locations to be determined by Developer prior to construction of the Kirby Drive Extension. The City will fund the costs of two (2) of these stub-outs. Provide storm sewers, as described on Exhibit F attached hereto, capable of handling pre-development flows for the proposed drainage area shown on Exhibit I attached hereto. Assist Developer in coordinating with the providers of gas, electric, cable and phone services to supply same to the Property, which utilities shall be installed as a part of the construction of the Kirby Drive Extension. City shall coordinate with Developer on the location of irrigation controllers, dry utilities, street lights, lift station, meters and boxes. City shall incur no cost associated with the construction or extension of dry utilities (defined as all utilities other than water and sewer that are not owned or controlled by the City) to the Property, except for dry utilities required for the City to construct the Kirby Drive Extension as provided in Section 4.1 (iv) above. Provide and install signalization, at no cost to Developer, at the intersection of Kirby Drive and North Spectrum Drive, and at the intersection of Kirby Drive and South Spectrum Drive, when warranted. 4 (x) (xi) (xii) (xiii) (xiv) Provide and install signalization, at no cost to Developer, at the intersection of Beltway 8 and Kirby Drive, when warranted. Provide for or reserve sufficient capacity in the local sewer treatment facility to serve the Property. Provide an irrigation design for Kirby Drive right of way that is substantially similar to the irrigation design described in the Business Park PUD attached hereto as Exhibit B, and install the landscaping, irrigation and street lighting improvements, such installation to be completed within a reasonable amount of time after the Substantial Completion Date. The City shall be responsible for the maintenance and operation of the landscaping, irrigation and street lighting improvements, and all costs associated therewith, which maintenance and operation shall be funded in part by a contribution by Developer equal to $15,000.00 per year or the actual costs of such maintenance, whichever is less, for a period not to exceed four (4) years from the date of the completion of the landscaping, irrigation and street lighting imProvements, as provided in Section 4.2(vi) herein. The amount spent to design and construct landscaping, irrigation and street lighting improvements by the City for the Kirby Drive right of way shall not be less than $130 (but no more than $150) per linear foot of the Kirby Drive Extension. Not impose any special assessments against the Property, with the exception of currently existing water, sewer and roadway impact fees, which fees will be payable upon the issuance of permits for building construction and are more particularly shown on Exhibits K attached hereto. City agrees to use its best efforts to assist Developer in working with the PEDC to mitigate these costs when such action will assist Developer in attracting businesses to the Spectrum District that will provide substantial additions to the tax and employment base of the City. Notwithstanding the foregoing, City shall not impose water, sewer and roadway impact fees against properties in the Business Park PUD associated with the Kirby Drive Extension or North Spectrum improvements. City will construct a Seasonally Saturated stormwater conveyance facility (the "SSSCF") for detention and conveyance of pre-development stormwater from properties located on either side of Kirby Drive, and an off-line Seasonally Saturated pond facility (the "SSPF") for detention of pre-development stormwater from properties located on either side of Kirby Drive. In addition, the SSPF shall have adequate capacity to detain post-development flow for the Kirby Drive Extension. The SSSCF and the SSPF will together not exceed ten (10) acres in size and will be located on the portion of the Property shown on Exhibit J attached hereto. The City will construct the SSSCF and the SSPF at its cost and stockpile the (xv) (xvi) (xvii) (xviii) Surplus Dirt removed from the Property to construct the SSSCF and the SSPF (the "Surplus Dirt" meaning the dirt remaining after the City has raised the Property for the Kirby Drive Extension) and allow Developer to use such stockpiled Surplus Dirt as fill dirt for the Property at no cost to Developer. No later than forty-five (45) days after the Effective Date, City shall purchase any areas located on the Property required for the SSSCF and the SSPF from Developer at a price equal to $1.45 per square foot and will maintain the SSSCF and the SSPF. Developer shall have the right to use the SSSCF and/or the SSPF for wetlands mitigation and the City shall make the SSSCF and/or the SSPF available to the Developer to use for wetlands mitigation. If Developer utilizes the SSSCF and/or the SSPF for wetlands mitigation, then the Developer shall be responsible for the difference between the costs associated with designing, developing and maintaining the SSSCF and/or the SSPF and the costs associated with designing, developing and maintaining a wetlands mitigation program in the bottom of the SSSCF and/or the SSPF. The Developer will also be responsible for insuring that the wetlands portion of the SSSCF and/or the SSPF, as applicable, complies with all appropriate federal and state regulations. The City makes no representation that Developer's wetlands mitigation program will be approved by the appropriate federal and state governmental authorities. The City shall impose regulations governing overhead utilities for the entirety of the Spectrum District that are equivalent to, or more stringent than, those provided in the Business Park PUD. The City shall purchase from Developer, at a price equal to $1.45 per square foot, all additional right of way within the Property owned by Developer required to construct the Kirby Drive Extension (including the Acceleration/Deceleration Lane Property), less the Right of Way Strips, which purchase shall occur no later than forty-five (45) days after the Effective Date. The property to be purchased by the City from the Developer is generally described as the property shown on Exhibits C-2a, C-2b, C-2c, C-2d and C2-e attached hereto, less the Right of Way Strips. The exact acreage of the property to be purchased by the City from the Developer under this Section 4.1(xvi) will be determined per a survey to be prepared by the City and approved by the Developer. To the extent that the City should provide or offer economic or other incentives to other developers of business park properties within the City of Pearland or the extraterritorial jurisdiction of the City of Pearland within thirty-six (36) months of the Effective Date, City agrees to provide and offer similar economic or other incentives to Developer in connection with development of the Property. In the event that the City requires oversized utilities for the Property, the 6 4.2 City shall enter into an oversize agreement with Developer in which the City will agree to fund any additional costs associated with oversizing the utilities. The City will fund or refund any such additional costs during construction of the oversized utilities or within thirty (30) days after completion and acceptance of the oversized utilities by the City, which acceptance shall not be unreasonably withheld, conditioned or delayed. Developers Obligations. The Developer agrees to use commercially reasonable efforts to take the following actions: (i) Assemble, control and purchase the Property for ownership and development. (ii) Dedicate to the City the Right of Way Strips for the construction of the Kirby Drive Extension. (iii) Sell to the City, at a price equal to $1.45 per square foot, all additional right of way within the Property owned by Developer required to construct the Kirby Drive Extension, other than the Right of Way Strips described in Section 4.2(ii), which sale shall occur no later than forty-five (45) days after the Effective Date. (iv) Be responsible for the construction of all internal streets on the Property, including North Spectrum Drive (if located on property owned by Developer), aside from the Kirby Drive Extension. However, such construction shall not be required unless and until necessary and only to the extent, such streets (or portions thereof) are required for development of the Property. (v) Sell to the City, at a price of $1.45 per square foot, up to ten (10) acres of the Property for construction by the City of the SSSCF and SSPF associated with the Kirby Drive Extension and described on Exhibit J attached hereto (as per Section 4. l(xiv) above). (vi) Pay to the City an amount equal to $15,000.00 per year or the actual costs of such maintenance, whichever is less, payable in equal quarterly installments, for a period not to exceed four (4) years, which payments will be used by the City to maintain and operate the landscaping, irrigation and street lighting improvements located in the Kirby Drive right of way. (vii) Pay a pro rata portion of the cost of the Traffic Impact Analysis ("TIA") prepared by the City based upon its acreage in relationship to the acreage of the area covered by the TIA, which pro rata portion shall in no event exceed $8,000. (viii) In the event that the City requires oversized utilities for the Property, Developer shall enter into an oversize agreement with City in which the City will agree to fund any additional costs associated with oversizing the utilities. (ix) Construct water lines as shown on Exhibit G-2 attached hereto, which water lines are to be installed when North Spectrum is constructed. Developer shall fund the cost of two (2) of the water line stub-outs crossing the Kirby Drive right-of-way described in Section 4. l(v) herein. (x) Construct sanitary sewer lines as shown on Exhibit H-2 attached hereto, which sanitary sewer lines are to be installed when North Spectrum is constructed. Developer shall fund the cost of two (2) of the sanitary sewer line stub-outs crossing the Kirby Drive right-of-way described in Section 4.1 (vi) herein. ARTICLE V AUTHORITY COVENANTS 5.1 Actions. The City covenants to the Developer and agrees that upon application of the Developer, the City will use its best efforts, subject to any applicable Federal, State or local agencies permitting requirements, to take such actions as may be required and necessary to process any amendments, and permit applications relating to the City's ordinances, codes and regulations, as may be necessary or proper in order to insure the development of the Property and the Project in accordance with this Agreement and to enable the City to execute this Agreement and to carry out fully and perform the terms, covenants, agreements, duties and obligations on its part to be kept and performed as provided by the terms and provisions hereof. 5.2 Powers. (a) The City hereby represents and warrants to Developer that the City has full constitutional and lawful right, power and authority, under currently applicable law, to execute and deliver and perform the terms and obligations of this Agreement, and all of the foregoing have been or will be duly and validly authorized and approved by all necessary City proceedings, findings and actions. Accordingly, this Agreement constitutes the legal, valid and binding obligation of the City, is enforceable in accordance with its terms and provisions and does not require the consent of any other governmental authority. (b) The Developer hereby represents and warrants to the City that Developer has full lawful right, power and authority to execute and deliver and perform the terms and obligations of this Agreement and all of the foregoing have been or will be duly and validly authorized and approved by all necessary actions of Developer. Concurrently with Developer's execution of this Agreement, Developer has delivered to the City copies of the resolutions or other corporate actions authorizing the execution of this Agreement and evidencing the authority of the persons signing this Agreement on behalf of Developer, and is enforceable in accordance with its terms and provisions. ARTICLE VI GENERAL PROVISIONS 6.1 Time of the essence. Time is of the essence of this Agreement. The parties will make every reasonable effort to expedite the subject matter hereof and acknowledge that the successful performance of this Agreement requires their continued cooperation. 6.2 Default. (a) A party shall be deemed in default under this Agreement (which shall be deemed a breach hereunder) if such party fails to materially perform, observe or comply with any of its covenants, agreements or obligations hereunder or breaches or violates any of its representations contained in this Agreement. Notwithstanding the foregoing, the Developer's failure to assemble and purchase the Property shall not constitute a default under this Agreement. In the event that the Developer fails to assemble and purchase the Property, this Agreement shall become null and void and all obligations hereunder shall terminate. (b) Before any failure of any party to perform it's obligations under this Agreement shall be deemed to be a breach of this Agreement, the party claiming such failure shall notify, in writing, the party alleged to have failed to performed the alleged failure and shall demand performance. No breach of this Agreement may be found to have occurred if performance has commenced to the reasonable satisfaction of the complaining party within 30 days of the receipt of such notice, subject, however, to the terms and provisions of Section 6.2 (c). Upon a breach of this Agreement, the non-defaulting Party, in any court of competent jurisdiction, by an action of proceeding at law or in equity, may secure the specific performance of the covenants and agreements herein contained, may be awarded damages for failure of performance, or both. Except as otherwise set forth herein, no action taken by a Party pursuant to the provisions of this Section of this Agreement shall be deemed to constitute an election of remedies and all remedies set forth in this Agreement shall be cumulative and non-exclusive of any other remedy either set forth herein or available to ay Party at law or in equity. Each of the Parties shall have the affirmative obligation to mitigate its damages in any event of a default by the other Party. (c) Notwithstanding anything in this Agreement which is or may appear to be to the contrary, if the performance of any covenant or obligation to be performed hereunder by any Party is delayed as a result of circumstances which are beyond the reasonable control of such Party (which circumstances may include, withoUt limitation, pending or threatened litigation, acts of God, war, acts of civil disobedience, fire or other casualty, shortage of materials, adverse weather conditions [such as, by way of illustration and not limitation, severe rain storms or below freezing temperatures, or tornados] labor action, strikes or similar acts, or delays due to commencement and pursuit of condemnation proceedings by the City to obtain land for the Kirby Drive Extension) the time for such performances shall be extended by the amount of time of such delay. The Party claiming delay of performance as a result of any of the foregoing "fOrce majeure" events shall deliver written notice of the commencement of any such delay resulting from such "force majeure" event not later than seven days after the claiming Party becomes aware of the same, and if the claiming Party fails to so notify the other Party of the occurrence of a "force majeure" event causing such delay, the claiming Party shall not be entitled to avail itself of the provisions for the extension of performance contained in this Section. 6.3 Personal liabili_ty of public officials. To the extent permitted by State law, no public official or employee shall be personally responsible for any liability arising under or growing out of this Agreement. 6.4 Notices. Any notice send under this Agreement (except as otherwise expressly required) shall be written and mailed, or sent by rapid transmission confirmed by mailing written confirmation at substantially the same time as such rapid transmission, or personally delivered to an officer of the receiving party at the following addresses: If to the City: Bill Eisen - City Manager City of Pearland 3519 Liberty Drive Pearland, Texas 77581 With a copy to: Darrin Coker - City Attorney City of Pearland 3519 Liberty Drive Pearland, Texas 77581 If to Developer: LNR Clear Creek Spectrum Limited Parmership Attn: Lang Cottrell One Lincoln Center 5400 LBJ Freeway, Suite 1070 Dallas, Texas 75240 With a copy to: LNR Clear Creek Spectrum Limited Partnership Attn: Pat Galvin 4350 Von Karman, Suite 200 Newport Beach, California 92660 Gardere Wynne Sewell LLP Attn: Michael R. Rooke 1000 Louisiana, Suite 3400 Houston, Texas 77002-5007 Each party may change its address by written notice in accordance with this Section, Any communication addressed and mailed in accordance with this Section shall be deemed to be given when so mailed, any notice so sent by rapid transmission shall be deemed to be given when receipt of such transmission is acknowledged, and any communication so delivered in 10 person shall be deemed to be given when receipted for by, or actually received by, an authorized officer of the City or the Developer, as the case may be. 6.5 Amendments and waivers. Any provision of this Agreement may be amended or waived if such amendment or waiver is in writing and is approved by the City Council and the Developer. No course of dealing on the part of the City or the Developer nor any failure or delay by the City or the Developer with respect to exercising any right, power or privilege pursuant to this Agreement shall operate as a waiver thereof, except as otherwise provided in this Section. 6.6 Invalidi _ty. In the event that any of the provisions contained in the Agreement shall be held unenforceable in any respect, such unenforceability shall not affect any other provisions of the Agreement and, to that end, all provisions, covenants, agreements or portions of the Agreement are declared to be servable. 6.7 Successor and assigns. Either party to this Agreement shall have the right to assign its rights under this Agreement or any interest herein, so long as it first gives to the other party notice of such assignment and acknowledgement of such assignment from the assignee and obtains the prior written consent from the other party to such assignment, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Developer shall have the right to assign this Agreement to an Affiliate of Developer without the prior written consent of the City. 6.8 Exhibits, titles of articles, sections and subsections. The exhibits attached to this Agreement are incorporated herein and shall be considered a part of the Agreement for the purpose stated herein, except that in the event of any conflict between any of the provisions of such exhibits and the provisions of the Agreement, the provisions of this Agreement shall prevail. All titles or headings are only for the convenience of the parties and shall not be construed to have any effect or meaning as to the agreement between the parties hereto. Any reference herein to a section or subsection shall be considered a reference to such section or subsection of the Agreement unless otherwise stated. Any reference herein to an exhibit shall be considered a reference to the applicable exhibit attached hereto unless otherwise state. 6.9 Applicable law. This Agreement is a contract made under and shall, be construed in accordance with and governed by the laws of the United States of America and the State of Texas, and any actions concerning this Agreement shall be brought in either the Texas State District Courts of Harris County, Texas or the United States District Court for the Southern District of Texas. 6.10 Entire agreement. This written agreement represents the final agreement between the parties and may not be contradicted by evidence of prior, contemporaneous, or subsequent oral agreements of the parties. There are no unwritten oral agreements between the parties. 6.11 No waiver of City standards. Except as may be specifically provided in this Agreement, the City does not waive or grant any exemption to the Property or the Developer with respect to City regulations or ordinances, including without limitation platting, permitting or similar provisions. 11 6.12 Approval by the parties. Whenever the Agreement requires or permits approval or consent to be hereafter given by any of the parties, the parties agree that such approval or consent shall not be reasonably withheld or delayed. 6.13 Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute by one and the same agreement. 6.14 Interpretation. This Agreement has been jointly negotiated by the parties and shall not be construed against a party because that Party may have primarily assumed responsibility for the drafting of this Agreement. [signature pages follow] 12 IN WITNESS WHEREOF, the parties have duly executed this Agreement pursuant to all requisite authorizations as of the date first above written CITY: CITY OF PEARLAND, TEXAS, a home role municipality ATTEST: (¢~y SegeStary By: COUNTERSIGNED: City Manager APPROVED AS TO FORM: Darrin M. Coker ~ City Attorney DEVELOPER: LNR CLEAR CREEK SPECTRUM LIMITED PARTNERSHIP, a Texas limited partnership By: By: Title: LNR Clear Creek, Inc., a Texas 13 STATE OF TEXAS § COUNTY OF ~-~)t"a.X.Or'/~-~ § BEFORE ME, the undersigned Notary Public, on this day personally appeared --"7-~rm ~e'~cL , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND g'~r~ b e r" , A.D., 2004. .....,%,,,,,,.,,,,,,, ",%. gm.. <~,- % '..Sg SEAL OF OFFICE THIS //-~ DAY OF ~LIC I~q AND FOR THE STATE OF TEXAS Printed Name: de.r~,-~ My Commission Expires: STATE OF TEXAS COUNTY OF ~k~kl~5___ BEFORE ME, the undersigned Notary Public, on this day personally appeared ],ja4L-- (O6-r'r'Za~LL- , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideratiOn therein expressed. GIVEN UNDER MY HAND AND ~t,¥~.,q ~'g)~-- _, A.D., 2004. SEAL OF O~~T~S /g~'t/ DAY OF STATE OF TEXAS Printed Name: ~-~- ff. Z,o,~r_o,4 My Commission Expires: /g. ~5 - o~c~(~ 14 EXHIBIT LIST Exhibit A Exhibit B Exhibit C- 1 Exhibit C-2 Exhibit C-2a Exhibit C-2b Exhibit C-2c Exhibit C-2d Exhibit C-2e Exhibit D Exhibit E Exhibit F Exhibit G- 1 Exhibit G-2 Exhibit H- 1 Exhibit H-2 Exhibit I Exhibit J Exhibit K Property PUD Amendment to Land Use and Development Ordinance Sketch of Kirby Drive Extension Legal Description of Property in Kirby Drive Extension Kirby Drive Extension: 1.225 Acre Tract Kirby Drive Extension: 1.993 Acre Tract Kirby Drive Extension: 0.3367 Acre Tract Kirby Drive Extension: 0.3489 Acre Tract Kirby Drive Extension: 0.9979 Acre Tract Property to be Annexed (in Spectrum District) Amended Comprehensive Thoroughfare Plan Storm Sewer Lines Water Lines to be Constructed by City Water Lines to be Constructed by Developer Sanitary Sewer Lines to be Constructed by City Sanitary Sewer Lines to be Constructed by Developer Proposed Drainage Area Location of SSSCF and SSPF Schedule of Currently Existing Water and Sanitary Sewer Impact Fees for City of Pearland 15 EXHIBIT B PUD Amendment to Land Use and Development Ordinance [to come fi:om City] HousToN 781771v2 i CITY OF PEARLAND F~c..,IdIL~D ECONOMIC DLr~ELO~ENT OOilIP~TION 11-11r SpIrC111UM AT ~ CREEK PROPOSED KIRBY DRIVE: .~J-IONME:NT E~4191T C-1 EXHIBIT C--2 EXHIBIT OF LOCA~ONS OF KIRBY R.O.W. PARCELS HARRIS AND BRAZORIA COUN~ES TEXAS SURVCON INC. ~O~SSI~O~N& ROAD Q ? i C~ CITY OF PEARLAND PEARl. AND ECONOMIC DEVELOPMENT CORPORATION THE SPECTRUM AT CLEAR CREEK STORM SEWER UNES CONSTRUCTED BY CITY OF PEARLAND EXHIBIT F C4~ED 20.2702 4~RES H,C. CF. NQ, M33524~ LINE TABLE ~ i ' BEARING DIST. L~I' N 87'25;57' E 71.17' ~2 S 02'17'03' E 30.00' L3 $ 42'34'27' W 28.35' L4 S 02'17'03' E 194.74' L5 S 14'24'55' W ~.20' L6 $ 07'28'43' E 165.68' L7 S 02'17'03' E 187.S2' LB ~ 87'25'57' W ~7.221'' LO N 02'15'37" W 329.89' ET 5/8" 1. ALL BEARINGS ARE REFERENCED TO THE TEXAS CO~6)INATE SYSTEM OF 1983/1993, SOUTH CENTRAL ZONE, NADB3. ALL COORDINATES AND CIISTANCES SHOWN ARE SURFACE VALUES AND MAY BE CONVERTED TO GRID BY MULTIPLYING EACH VALUE BY A COMBINED SCALE FACTGR OF 0.999874532~. 2. THE SURVEYOR WAS NOT FURNISHEO WITH A CURRENT TIILE REPORT ON THE SUBJECTPROPERTY, THEREFORE ALL EASEMENTS OR OTHER ENCUMBRANCES OFRECORD MAY NOT BE 3. H.C.C.F.= HARRIS; COUNTY CLERt('S FILE, 4. H.C.M.R = HARRIS COUNTY MAP RECORDS. 5. WLE = WATER LINE EASEMENT. 6. S£ m SEWER EASEMENT. A~I$ON-RICHEY gULF COAST HOM~S VOL. 3, PG. ~0 H. CM.~. L/~/T~ PANTNERSt~IP CAt/ED §0.0 ACAZ"~ CALL~ ~ 1517 EXHIBIT C--2b SURVEY OF 1.995 AC. (86,796 SQ.FT.) IN THE ,JAMES HAMILTON SURVEY, ^-876 HARRIS COUNTY, TEXAS SCALE: 1"-200' DATE: JULY, 2004 SURVCON INC. PROFESSIONAL SURVEYORS 5?5? WOODWAY ItOU N, ~ 77057 I LINE TABL~ NO. BEARING DIST. L$ S 87'26'27' W 39.29' L2 N 07'28'4,3' W L3 N 47'2t '34' W 28.25' L4 N 02't7'03" W ~.~': L5 N B7'33'54" E NOTES: 1, ALL BEARINGS ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM C~F 1983/199.3, SOUTH CENTRAl. ZONE, NADP}. ALL COORDINATEe= AND DISTANCES ~*'{OWN ARE SURFACE VACUES AND k~Y BE COHVERTED TO GRID BY MULTIPLYING EAr..H VALUE By k COMBINED SCALE FACTOR OF 0.999874333. 2. THE SURVEYOR WAS NOT FURNISHEO WITH A ~NT TITLE REPORT GN THE SU~JEI;T PROPERTY, THEREFORE ALL EASEMENTS OR OTHER E~ANCES OF RECORI) MAY NOT BE SHO¥/N, 3. H.C,C.F. w HARRISCOUNTY CLERK'S FILE. 4, H,C.M.R = HARRIS COUNTY ~ RECORDS. S. WI.E - WATER LINE EASEMENT. 6, SE - SEWER EASEMENT. ~T 5]~" 20.2702 H.C.C,F, NO. MJJ5246 CA,ZED I1.02g H.C,C.F. tV~. II ii EXHIBIT C-2E SURVEY OF 0.9979 AC. (43,469 SQ. FT.) IN TH! JAMES HAMILTON SURVEY, A-876 HARRIS COUNTY, TEXAS SCN. E: 1'-100' DATE: JULY, 2004 SURVCON INC. PROFESSIONAL SURVEYORS 5757 WOOBWA¥ UOUSTON, T~XAS 770~7 PH. (?f3) KIRBY DR. Z STATE HIGHWAY 288 SOUTH FREEWAY _~_ ;:% .?ROPOSED DITCH CITY OF PEARLAND F~:.ARLAND ECONOMIC ~OPME~T CORPC]RA'IION 'II'IE SPE:(~TRUM AT C~_AR CREEK WATER UNES GONS1RUCTED BY CITY 0~' p~I~I~LAND EXHIBIT G-1 ~!~ 24' · ';~7 ~ '..1~ ii': CITY OF PEARLAND PEARLAND ECONOMIC D~ENT OORPI~ATION THE ~PECTRUM AT C~ CRE~K SANITARY ~$ CONS1RUCI~D 9Y GITY O~ I~.ARLAND ID~IT H-~ CITY OF PEARLAND THE SPECTRUU AT Ct.EAR CREEK SANITARY SEWERS CONSIRUC'IED BY E)~,,,,.T H-2 ':,:::;C~ L& ;1"',4 · ,S P E C TF;4: U M ROAD LEGEND ,,,~,DIRECTION OF FLOW I--IUNDEVELOPED []DEVELOPED CITY OF PEARLAND PEARLAND ECONOMIC DEVELOPMENT CORPORATION THE sPECTRUM AT CLEAR CREEK PROPOSED DRAINAGE AREAS EXHIBIT I CITY OF PEARLAND PEARLAND ECONOMIC ~T CORPORA'lION 'R'IE SPECTRUM AT Cl..EAR CREEK EXHIBIT K SCHEDULE OF CURRENTLY EXISTING WATER IMPACT FEES AND SANITARY SEWER IMPACT FEES FOR CITY OF PEARLAND HOUSTON 781771 v2 WATER AND SEWER IMPACT FEE CALCULATION Water & Sewer Impact Fee = $3496.00 X Unit of Measure* X Service Unit Equivalency* * - Refer to the table below. '.. Bed us CELL O MI SO n ❑ n n n n n n n n n ❑ n n i n �n 0 Jn On O0 UFri n Qn o< n W n ❑ Q n aJocC0000Cc0000cc0000cc0000ccCCCoccoraccocoo u 0 n ❑ 0 n CEO COCC C C DOCO COO COC ©OCOCC OOCOOC OOCOOC Q OCO r- 1 yg Houston ` .• "` 'u,., I ....... r• fi ` Y4iPear ai. xr land ( n n n n n a n ❑ n n a n n 0 1 n snmi es ■ . ■ 1 ■ ■ ■ i ■ 1 i 1 ■ - am ea ow'. swag n .. . n fin n n 0 n n f7 N RTH SPECTRUM BLVD olP imp In we in lie ow BELTWAY 8 SAM HOUSTON TOLLWAY coccipcawcoacwocingoccoraccionoconn13 ,. ■ R ■ n ■ El ■ Q ■ i ■ i i ■ ■ 1 i a i i 1 1 i s • ■ • ■ • i ■ i i i i ■ i e 1 i • 1 r i ■ ■ Iff••••••••••.. u-mime,* F.M 2234 SHADOW CREEK RANCH PKWY HOOPER DR. IMmeir J. PO- 0 D 1CQOC»CO©C»CC n S®.UTH SPECTRUM BLVD KIRBY DR. CCCCoo=CCCCCCCCCC: m 1 A Gil MS II In ell EU a MI Nil III • NI t111 FRUGE _limintria ._ - ❑ El 0 ❑ bra — -- Om - SPECTRUM DR. 1 oJ m CD m 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ICO co I = 0 I W IQ I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 T " Ir4— \ l � ' a t nr t. and tt ce t iu.! la L 1 Jt- T-`..Il i I?t JV2un 120' Minimum ROW Major Thoroughfares - Sufficient Width rim tit Major Thoroughfares - To Be Widened i- Major Thoroughfares - To Be Acquired Major Thoroughfares - Proposed Frontage Road 100' Minimum ROW Secondary Thoroughfares - Sufficient Width CEC Secondary Thoroughfares - To Be Widened Secondary Thoroughfares - To Be Acquired 80' Minimum ROW Major Collector Streets - Sufficient Width C❑ o Major Collector Streets - To Be Widened 1- - Major Collector Streets - To Be Acquired 60' Minimum ROW Minor Collector Streets - Sufficient Width minti Minor Collector Streets - To Be Widened }--- Minor Collector Streets - To Be Acquired ereeway Proposed Grade Separation 15:1 R.O.W. Transition Collector Streets Street intersect at a right angle as part of a T or 4-way intersection City Limits ETJ -}- Railroad 1 • • aarts— • • Pen Sr T psi. C r . ?llfl ‘cict 1 inch equals 1,000 feet 0 250 500 1,000 1,500 eet THIS MAP HAS BEEN PRCOUCED FROM VARIOUS SOURCES EVERY EFFORT HAS BEEN MADE TO ENSURE THE ACCURACY OF THIS MAP. HOWEVER. Th£ CITY OF PEARLAND ASSUMES NO L IABJLITY OR DAMAGES DUE TO ERRORS OR OMISSIONS. MAP PREPARED ON: SEPTEMBER 2001 (GIS) Kew online maps at wnw.cityorpearland.c om 2,000 BUSINESS PARK PEARLAND, TEXAS APPLICATION FOR A CHANGE OF ZONING FROM SUBURBAN DEVFLOPMENT DISTRICT TO PLANNED UNIT DEVELOPMENT (PUD) (Within the Proposed Spectrum District) ZONING FILE #; Submittal Date; March 22, 2004 Revised April 8, 2004 Revised April 16, 2004 Submitted By; LNR Clear Creek Spectrum Limited Partnership Prepared By; MI-4,SA Design Group (See Back Cover for Electronic Version of Document) EXHIBIT 2 REC'D APR 16 2004 Page 1 of 90 BUSINESS PARK PEARLAND, TEXAS T't ._:mouth D cif Riley Rd Buff?b Speedway c las +' • tiortil . 1 1.s bik i r • Esarak5Aw° Lit 02004 IVIa pQI uest.com, Inc.; 02004 Navigation Tech no l cros - LOCATION MAP (NTS) Carib Ln Fruge 0 700M 21001r/ 471 Page 2 of 90 BUSINESS PARK i" TABLE OF CONTENTS PEARLAND, TEXAS SECTION 1. AREA FOR THE PLANNED UNIT DEVELOPMENT (PUD) 6 SECTION 2. DEVELOPMENT GUIDELINES FOR THIS PUD 6 DISTRICT A: Definition 6 DISTRICT B: Definition .6 DISTRICT C: Definition 6 (a) Development Guidelines and Standards 7 (i) Development Guidelines • 7 Construction Materials and Materials Usage* 7 1) Paving: 7 2) Unit Masonry 8 3) Pre -Cast Concrete and Cast Stone: 9 4) Metals* 10 5) Stucco 10 6) Wall Panel Systems: 11 7) Spandrel Wall Systems: 11 8) Stone Veneering• 12 9) Roofing: 12 10) Wood• 13 General usage of materials• 13 11) When tilt -up concrete wall systems are used 13 12) When concrete masonry units are used in combination with brick or stone, 13 13) When brick is the veneer material, 13 14) When stone is used, 13 15) When concrete is used, 13 16) Glazed brick or highlight brick 13 17) Coloration: 14 (b) Fencmg Guidelines: 14 1) Perimeter Fencing: 14 2) Screens Walls and Screens: 15 (c) Site Design Guidelines• 16 1) Buildings must face 16 2) Loading bays shall not be located 16 3) Auxiliary structures 16 4) Structures with an office component 17 5) Vehicles shall 17 6) Building setbacks within the Planned Unit Development (Building Sitting): 17 (d) Parking: 17 1) Parking areas on the street side of ay building 18 2) Parking lots may be constructed 18 3) Parking lots shall provide landscaped areas 18 4) Parking Lot Landscape Area 18 5) Parking spaces may be no farther from a landscape parking island than: 18 6) Parking lot landscaping in parking lot landscape areas 18 (e) Public Right of Way Design Guidelmes: 19 1) Kirby Drive Streetscape; 19 Page 3 of 90 BUSINESS PARK • Iwier PEARLAND, TEXAS 2) Spectrum Drive Streetscape 21 3) Beltway 8 Streetscape 23 4) Typical Streets (all other public dedicated streets) 25 (f) Building Design Guidelines: 26 1) Building Form. 26 2) Roof Form* 26 3) Definition of Entrance: 27 4) Retail Arcades/ Canopies: 28 5) Fenestration* 28 6) Design Details* 28 7) Lighting* 29 8) Height 30 (g) Building/ Tenant Identification and Site Signage in Non -retail areas: 30 1) General Standards: 30 2) Identifying Ground Level Signs: • 31 3) Permanent Building Mounted Signs and Site Signs: 31 (h) Building Signage in the Retail Areas of the Beltway 8/ Kirby Drive Zone: 31 (1) General Standards: 32 a. No roof -mounted signs are permitted. 32 b. No sign may extend above the roofline or parapet wall. 32 c. Signs shall not be attached to exterior glass. 32 d. Public devices (such as clocks) shall not contain advertising 32 e. Multi -tenant Detached Project/ Premise Signs 32 f. All signs needed for the operation of any facility 32 g. No sign or any other contrivance can be devised to 32 h. Sign copy must be coordinated in size, color, and type style. 32 i. Paint on non-ferrous metals 32 2) Guidelines for each of these sign types is as follows: 32 (i) Landscape Design Guidelines* 33 1) Landscape Easement/ Setback: 33 2) Landscape materials and forms within the Landscape Easement/ Set back zone: 34 3) Berms: 34 4) Retaining structures 34 5) Natural drainage patterns shall be maintained where possible. 34 6) Building landscaping within the Science Technology Zone and Industrial Zone: 35 7) Parking Lot Landscaping: 35 8) Buildings shall be separated 36 9) Street Landscaping within the Landscape Easement/Setback Areas* 36 10) General Landscape Conditions: 36 11) General Site Drainage; 36 (j) Permitted Land Uses and Defmitions: 36 (k) Land Use District Map* 36 (1) Parking: 36 (m) Irrigation Plans: 37 (n) Maintenance: 37 (o) Cumulative Requirements* 37 Page 4 of 90 BUSINESS PARK PEARLAND, TEXAS (p) Design Standards and Specifications: 37 (q) Development Plan Review• 37 1) Boundaries of the Planned Unit Development 37 2) Land Uses 37 3) General Road and Thoroughfare layout 37 4) General boundaries of land use sub -districts 37 5) Areas of public dedication 37 (r) Modification to applicable standards: 38 SECTION 3 39 Exhibit 'A District Boundary Map 41 Exhibit `B' Land Use District Map 49 Exhibit 'C' Permitted Uses 51 ATTACHMENTS; 59 1. MATERIALS COLOR CHARTS 6o 2. TYPICAL GRADING SECTIONS 62 3. KIRBY DRIVE STREET SECTION 64 4. SPECTRUM DRIVE STREET SECTION 65 5. TYPICAL STREET SECTION (ALL OTHER STREETS) 66 6. SITE DEVELOPMENT STANDARDS (2 PAGES) 67 7. APPROVED LANDSCAPE CHART 70 8. SIGNAGE STANDARDS 73 9 AMENITIES/ HARDSCAPE CHART 74 10. LAND USE DEFINITIONS 77 UTILITY AND SERVICES USES 77 TRANSPORTATION USES 78 MEDICAL USES 78 EDUCATIONAL USES 79 RECREATION AND ENTERTAINMENT USES 80 BAR AND RESTAURANT USES 81 PROFESSIONAL, PERSONAL SERVICE, AND CUSTOM CRAFTS USES 82 RETAIL USES 83 MOTOR VEHICLE RELATED USES 87 COMMERCIAL USE 87 INDUSTRIAL, WAREHOUSE AND MANUFACTURING USES 88 ACCESSORY USES 88 Page 5 of 90 BUSINESS PARK PEARLAND, TEXAS SECTION 1. AREA FOR THE PLANNED UNIT DEVELOPMENT (PUD) The tract described in Exhibit A, attached hereto and made an integral part of this PUD is represented as Planned Unit Development No.: • SECTION 2. DEVELOPMENT GUIDELINES FOR THIS PUD That the Planned Development District described in Exhibit "A" is comprised of certain Planned Development Sub Districts. These Sub Districts are described below and shown on Exhibit "B" The development guidelines for each district are contained herein The approved uses for each of the Sub Districts within the PUD are shown on the attached Exhibit ` C". Planned Development Sub -Districts: • DISTRICT A: Definition ■ The Beltway 8 District: District "A" is intended for non-residential development that typically desires high visibility from major thoroughfares. Retail and office uses are preferred m this district and include shops and restaurants (as stand alone uses or uses associated with a dominant use such as office), which attract pedestrian activities and enhance the desirability of the Planned Unit Development. In addition, Science/ Technology land uses (and associated functions including manufacture warehouse, and distribution) are also preferred. Development in district "A" should respect natural features such as creeks and drainage ways by integrating such features into the overall design. DISTRICT B: Definition • E The Mixed Use Science/ Technology District: District "B' is intended to be a broader base Science/ Technology community within the Planned Unit Development. However, a wide variety of land uses are permitted and mtended to allow for optimum market feasibility. Such land uses include manufacturing, warehouse, and distribution developed in compliance with uniform landscape design screening design, and building quality standards that will promote an overall visual continuity and perpetuate the influence of natural features. Development should also respect natural features such as creeks and drainage ways by integrating such features into the overall design of the site (s). Accommodating pedestrian movement is also important to this district due to its central location within the overall Spectrum District. DISTRICT C: Definition ■ The Mixed Use Industrial District: District "C" is intended for transition from, and support of the Science/ Technology community envisioned for District "B". Therefore, District "C' has two purposes: o Make appropriate transition between the above -described Science/ Technology land uses and the heavy/ light industrial uses to the west of Kirby Drive with mdustrial, and/ or distribution and/ or office uses that provide transition. o Provide industrial and/ or distribution and/ or office land uses that support and reinforce the Science/ Technology uses where such support uses have a forward or backward linkage to the Science/ Technology District "B". Therefore, District `C" permits industrial and/ or distribution/ warehouse and/ or office uses, which generally accomplish one or both of the above -stated purposes. Page 6 of 90 BUSINESS PARK lar PEARLAND, TEXAS Development within District "C" shall comply with uniform landscape design, screen design, and building quality standards that promote an overall visual continuity and perpetuate the influence of natural features Development should also respect natural features and drainage ways by integrating such features into the overall design of the site (s). (a) Development Guidelines and Standards (i) Development Guidelines: The Planned Development District Standards (hereinafter referred to as the PUD Standards) prepared by MESA Design Associates, Inc. in December of 2003, shall guide for both public and private development within the Pearland Commercial District (Exhibit "A"). Therefore all permitted development within the Planned Development District shall comply with the following standards; Construction Materials and Materials Usage: Design Intent; The primary intention of the construction materials section of the development standards is to seek excellence in design through a limited range of primary materials and shall represent the color range of natural materials found in Texas (See Color Charts page 60-61). The goal of a coherent material and color palette is to create a timeless environment where formal building elements and use of materials creates the visual identity of community. Materials Standards Section of these Development Standards is specifically intended to specify a materials palette and finish range for all construction throughout The Planned Development District. The standards do not suggest or require that any given manufacturer should be used. If a comparable material in color, finish, durability, and quality is provided rt will satisfy the requirements set within. Any building within this Planned Development District shall be limited to two primary exterior materials and one varying accent material (any material used as an accent material may not exceed more than 25% of the building exterior in any one elevation). Paint and/ or stain used, as accents are limited to 1 % of the exterior building surface area (See Color Charts page 60-61). 1) Paving: The following paving materials are permitted within The Planned Development District a. Paving Material Types i. Stone paving is permitted for pedestrian areas only, and use of Texas stone is encouraged as accent paving only in such conditions. ii. Concrete is permitted and must match the admix color of the City of Pearland public roads iii. Concrete Pavers are permitted when installed over a concrete substructure of 4 in. - 6 in. with a minimum of a 1 in paver bed. Pavers in high traffic areas must Page 7 of 90 BUSINESS PARK iv. PEARLAND, TEXAS have a 3 in. min depth and 6 in. concrete substructure. (specifically for pedestrian interaction areas for safety) v. Grass Crete for fire lanes, visitor parking, or other high traffic is permitted where also permitted by development ordinances and policies of the City of Pearland. vi. All pedestrian paving materials must meet ANSI and ADA requirements. b. Material Standards i. All concrete/ pavers must meet or exceed the City of Pearland standards. c. Material Prohibitions i. Excessive use of tar for repairs will not be allowed as substitution for repaving or new pavers. ii. No concrete coloring, dyeing, or admix coloring will be allowed (other than ad- mixes used in the City of Pearland Public Streets) iii. Molded or stamped pavement pattern finish is not allowed. 2) Unit Masonry Masonry is one of the two dominant exterior finish materials of this Planned Development District. The following masonry materials and conditions are permitted: a. Unit Masonry Material Types i. Brick Masonry is an acceptable exterior veneer material. • ii. Concrete Masonry Units (CMU) is an acceptable exterior veneer material when they have an architectural finish such as split face block Fluted CMU and smooth finish CMU are not permitted. CMU may not be the dominant exterior material for the street facing facade of retail uses that are not part of an office, industrial, warehouse or other non -retail main use within District "A" Glass Block is an acceptable exterior veneer material and may be used in any combination with other acceptable exterior materials in these guidelines. iv Glazed brick and glazed tile may be used for accent and fine details only when installed in conformance with the following restrictions v. Structural units when glazed must comply with the standards and restrictions for use of glazed brick. b. Material Standards i. Masonry coloration shall conform to the masonry color chart. (See Color Charts page 60-61). c. Material Prohibitions i. No exterior panels may be in. glued or exterior faux brick (all brick must be full modular). Page 8 of 90. LJ BUSINESS PARK PEARLAND, TEXAS ii. Glazed brick or highlight brick may not exceed 1% of the exterior non -glazed surface. 3) Pre -Cast Concrete and Cast Stone: Pre -Cast Concrete and Cast Stone are one of the two dominant exterior finish materials within this Planned Development District. The following Pre -Cast Concrete and Cast Stone materials and conditions are permitted: a. Material Type i. Pre -cast concrete systems are acceptable for construction and exterior material. Such systems shall be finished in Stucco or Unit Masonry on the street facing elevations when used for retail that is not part of an office, warehouse, industrial, or other non -retail main use in District "A". ii. Cast Stone caps highlights, panels, etc. are acceptable construction materials. iii. Tilt -Slab construction system is acceptable for construction and exterior material. Such systems shall be finished in Stucco or Unit Masonry on the street facing elevations when used for retail that is not part of an office, warehouse, industrial, or other non -retail main use in District "A" • b. Material Standards i. Exterior concrete surfaces shall be generally smooth to a small aggregate finish. Aggregate visible in the exterior finish shall not be greater than inch this applies to al concrete surfaces). ii. Applied stains and paints must not change the finish of the base concrete material and must be maintained. iii. Concrete/Masonry coloration shall conform to the Concrete/Masonry color chart. (See Color Charts page 60-61) c. Material Prohibition • i. Tilt -slab construction or other concrete exterior system shall have no more than 300 square feet of surface without a differentiation achieved through offset, vertical and/ or horizontal protrusions or impressions cast into the concrete at the time of pour, or material differentiations (see material usage below). ii. Accent paints and/ or stains must not exceed more -than 1% of the building exterior surface and may not be used where a second material is already used. Page 9 of 90 BUSINESS PARK • PEARLAND, TEXAS 4) Metals: The following metal materials and conditions are permitted within the Planned Development District: a. Metal Material Types i. Metal for exterior skin, roofing systems, flashing and miscellaneous uses is permitted in conformance with the other standards of this section. b. Material Standards i. All metals whether an exterior skin/ roof system, miscellaneous, flashing, roofing, or other must be factory finished unless the metal is a copper or aluminum intended to attain a natural patina. ii. All metal material systems must have hidden mechanical fasteners except in those instances where the exposed metal fastener is part of an architectural detail. When exposed, all fasteners must use neoprene insulators. iii. All metal finishes shall conform to the color range in the Metal Color Chart. (See Color Charts page 60-611. iv. Metal wall panels shall be 24 gauge (architectural panels) with hidden seems. c. Material Prohibitions • i. Metal as an exterior material shall not exceed more than 30% of the exterior material of any side of building fronting Kirby Drive or Spectrum Drive only. ii. No corrugated metal panels are allowed No drain pan or other agricultural/ industrial steel building system is permitted. 5) Stucco: The following stucco materials and conditions are permitted within the Planned Development District: i. Material stucco must be a full three -coat stucco system applied to metal lath or masonry substrate. b. Material Standards i. The color of stucco must maintain the thematic color character established by buff concrete, earth tone brick, and earth tone concrete masonry units. See permitted colors in Concrete/Stucco color chart. (See Color Charts page 60-61). c. Material Prohibitions i. No EIFS systems are acceptable except where such systems are used for architectural accents and details. Page 10 of 90 BUSINESS PARK ler PEARLAND, TEXAS 6) Wall Panel Systems* The following wall panel system materials and conditions are permitted within the Planned Development District: a Material i. The use of a wall panel system in architectural finish is permitted. b. Material Standards i. Coloration of metallic, ceramic, and porcelain systems must maintain a consistency with the overall colors of masonry, and concrete by having a similar hue and value. However, where such systems comprise 20% or less of the exterior wall area, stronger accent colors or corporate brand colors may be used. ii. Masonry wall panel system shall conform to the color ranges established for Masonry and Concrete. (See Color Charts page 60-61). iii. Brick wall panels shall conform to the color ranges established for unit masonry. (See Color Charts page 60-611. iv. Only masonry wall panel systems may be used for retail uses not part of an office, warehouse, industrial, or other non -retail main use, c. Material Prohibitions i. Metal, ceramic or porcelain wall systems may not comprise more than 30% of the exterior wall area of any side of a building fronting Kirby Drive or Spectrum Drive. 7) Spandrel Wall Systems: The following Spandrel Panel materials and conditions are permitted within the Planned Development District: a Material Type i. All spandrel wall systems must use either clear dark bronze, or black anodized, or dark bronze or black color achieved by a factory finished Kynar paint ii. Glass panels may use gray, clear, blue, or green shades of glass. b. Material Standard i. All painted panels must be factory finished ii Glass must have a maximum of 33% emissivity (33% gray) c. Material Prohibitions i. No reflective glass is permitted (glass with greater than 30% reflectivity) Page 11 of 90 BUSINESS PARK PEARLAND, TEXAS 8) Stone Veneering: The following stone veneer materials and conditions are permitted within the Planned Development District: a. Material Type i. Stone is an acceptable exterior veneer provided it is a native Texas Stone. b. Material Standard i. Stone shall be one of the following ii. Texas Grandbury or other Texas Limestone (such as Leuders, Cordova Cream, or Cordova Shell). iii. Texas Granite (such as Texas Pink, Texas Rpd, Sunset Red, Loyola Valley, Azalea, or Texas Pearl) iv. Coursed stone shall be laid in a coursed Ashlar Patterns c. Material Prohibitions i. ii. Granite stone may not be applied as a coursed stone but can be used in an exterior slab panel system only iii. Only two types of stone are permitted in any one building. 9) Roofing: The dominant roof form for all buildings less than 6 stories within this Planned Development District is a flat roof.. Pitched, arched, or shed roof forms for such buildmgs are limited to subordinate architectural masses except in retail uses that are not part of an office, warehouse, industrial or other non -retail main use. Buildings or portions of a building over 6 stories may have pitched, arched, or shed roofs. The following Roof materials and conditions are permitted within the Planned Development District: a. Material Type i. Flat roofs may be a conventional built up roof system or membrane roof system. Flat roofs shall be concealed with a closed parapet ii. Pitched, arched, or shed roof forms shall be made of metal that conforms to the metal requirements of these guidelines. b. Material Standard i. Roof systems, other than flat roof behind closed parapet, shall conform to the color range established for metal/metal finishes (See Color Charts page 60- 61). Page 12 of 90 BUSINESS PARK c. Material Prohibitions PEARLAND, TEXAS i. No roof shingles are permitted (concrete, slate, asphalt, wood, asbestos, or clay) except for retail uses where such roofing is part of a corporate or thematic design. ii. All roof apparatus (including ventilation, HVAC, or other such equipment) shall be screened with a material that is consistent in color and finish with the roof (if the roof is visible) or the building exterior (if the roof is not visible). 10) Wood: Wood is not a generally acceptable material within the Planned Development District and is limited to trim use in non -retail areas. Retail uses with specific corporate or thematic designs may use wood as required. General usage of materials: The following guidelines apply to the use of materials discussed above. 11) When tilt -up concrete wall systems are used the qualities of opacity (large areas of blank wall) typically seen when such systems are used for industrial or distribution facilities, must be modified when such walls are not veneered and face the street. Any such portion of the tilt -up concrete wall system visually exposed in the building skin must be subdivided in a design that modulates with features of the building elevation design at the entry/ street facing portions (such as window bands or lines of structure). Tilt -up concrete must not be scored or textured in any manner that replicates the joint patterns of unit masonry. Color shall conform to color range established for Concrete/Masonry. (See Color Charts page 60- 61). 12) When concrete masonry units are used in combination with brick or stone, they shall be limited to architectural finishes, such as split face block. Fluted face and smooth face block are not allowed. 13) When brick is the veneer material brick panel systems employing modular brick may be used. All such panel systems must use full modular brick; no cut brick, glued panel, or faux brick panel will be allowed. 14) When stone is used, mechanically attached wall systems using stone panels are allowed. However, the stone material must not be polished so that a uniformity of texture with the rest of the Commercial District is maintained. 15) When concrete is used, it must not be used in such a manner that it replicates the joint patterns of unit masonry. Uses of concrete to create faux finishes intended to look like other materials are prohibited. However, concrete must be visually subdivided in the manner described above so that a scale and texture compatible with the Commercial District is maintained. 16) Glazed brick or highlight brick may not exceed more than 1 % of the exterior surface. Page 13 of 90 BUSINESS PARK PEARLAND, TEXAS 17) Coloration: Native Texas Stone shall have an overall coloration, which falls within the medium brown to cream range (see above). Darker stone of a gray to blue range may only be used in stone blends where they comprise less than 20% of the blended mix and allow the overall coloration to remain within the preferred range. Native granites used shall be limited to native pink, red and brown granite (see above specified types) used with an unpolished or thermal surface. Brick shall have an overall coloration that falls within the medium brown to terra cotta color range. Concrete shall have coloration that falls within the Tan to Buff color range. (b) Fencing Guidelines: Design Intent: The primary intention of the fencing section of the development guidelines is to seek excellence in design through a limited range of fence types and fence materials. Fences are intended to be visually subordinate to the thematic character established by the building materials. Repetition of fence type and materials from site to site allows them to become a background element. Thereby fences can perform their screening and/ or security function without detracting from the overall visual appeal of this development. The Fence Guidelines Section of these Development Standards is specifically intended to specify a fence type (including construction) and fence material for use through out the Planned Unit Development. The guidelines do not suggest or require that any given manufacturer should be used. 1) Perimeter Fencing: Perimeter fencing is used to provide security at the property line and is only permitted in conformance with the following guidelines. a. Fence Materials and Characteristics i. Perimeter fencing may be a chain link fence when not facing Kirby Drive or Spectrum Drive (see prohibitions below) ii. Perimeter fencing may be a solid masonry fence (brick, concrete masonry units, or stone) Only one type of masonry is permitted on any one property. iii. Perimeter fencing may be true stucco over a masonry wall iv. Perimeter fencing may be iron v. Vegetative systems (See Landscape Chart pages 73-79) Fence and use Standards i. Chain link fence must be black PVC coated, or black painted ii. Concrete masonry units, brick, and/ or stone shall comply with the materials guidelines of this Planned Development. Page 14 of 90 BUSINESS PARK PEARLAND, TEXAS hi. Iron fencing shall be a simple vertical and horizontal grid like pattern with members no smaller than 1 inch iv. Iron fencing shall be painted black v. Iron fencing may be used in conjunction with masonry columns or and/or a masonry base. vi. Chain Zink or Iron fencing may be used for a portion of a perimeter with the remainder of the perimeter fence conforming to these guidelines. c. Fence and use Prohibitions i. Barbed wire fences are prohibited ii. Chain Link Fence shall not be used in District "A" Hi. Pre-engineered interlocking concrete systems are prohibited iv. Wood fences are prohibited v. Single width brick wall systems (Thin Wall) are prohibited • vi. Perimeter fences shall not enclose the front or side yard space between the building and Spectrum Drive or Kirby Drive of any property Fencing fronting these roads shall not be closer to the street than the building plane fronting that street. vii. Chain link fences shall not be located in the yard space facing Spectrum Drive or Kirby Drive. Any fence or portion of fence fronting Spectrum Drive or Kirby Drive shall be a permitted type other than chain link. 2) Screens Walls and Screens: Screen walls are required for all service loading dock areas, exterior storage, maintenance, and equipment areas. Screen walls shall conform to the following guidelines: a. Screen Wall Materials and Characteristics i. Screen walls that connect to the primary structure or are detached from the primary structure a distance not exceeding 30 feet, must be made of the same material as the dominant exterior material of the dominant structure. ii. Screenable areas (except auto parking areas) that are detached from the primary structure by a distance of more than 30 feet shall be screened with masonry walls that conform to the masonry material standards of this Planned Development. Screenable areas (except auto parking areas) that are detached from the primary structure by a distance of more than 50 feet may be screened with an evergreen landscape screen comprised of plant materials that are hardy for the area of Pearland. Page 15 of 90 BUSINESS PARK mil PEARLAND, TEXAS iv. Parking area screening shall be accomplished with a berm and/ or planted edge of evergreen shrubs and trees (planted in natural configurations). Berms used for parking lot screening shall not exceed 4 feet in height and shall have a slope from the street no greater than 4 1. Shrubs used for parking lot screening shall be an evergreen variety that is hardy in the area of Pearland and planted in natural drifts (not rows). The total parking lot edge concealed by drifts of planted shrubs shall not be Tess than 65%. Parking areas of retail land uses that are not part of an office warehouse, industnal or other non -retail use shall be screened with evergreen shrubs that are at least with 24 in tall (at the time of planting) spaced in a lineal pattern with a maximum spacing of 48in. on center. Such screening areas may include trees used to satisfy other requirements of these standards. (See page 36 for further information) b. Screen Wall and use Standards i. Screen walls shall have a minimum height of 7 feet and a maximum height of 8 feet. ii Gates for screen enclosures shall be solid metal on a metal frame c. Screen Wall and use Prohibitions i. When a perimeter wall is used as a screen wall, it shall be a masonry wall except when sufficient evergreen landscape material (that is hardy for the area of Pearland) is planted to block view of the area to be screened In cases where landscape screening can be accomplished anddgalso hide the perimeter fence, that portion of the perimeter fence may be chain Zink provided that chain link, so used, is fully concealed by screening requirements. (in conformance with the guidelines above). (c) Site Design Guidelines: Design Intent: The primary intention of the Site Design Section of the Development Standards is to preserve the existing natural qualities of the Planned Unit Development and promote a sense of spaciousness that will facilitate preservation of natural features wherever possible. The placement of buildings, set backs, and parking layout preserve openness of the landscape and promote those qualities associated with a campus environment. Standards that influence building site design are as follows: 1) Buildings must face the street with their most significant architectural elements. 2) Loading bays shall not be located in the Kirby Drive facing portion of any structure. Buildings with a cross -bay design may have loading bays facing Spectrum provided that loading bays in the Spectrum Drive facing portion of any structure shall not comprise more than 40% of the lineal length of the street facing elevation and that the screening requirements of section B.2 above are met. Service Areas for any structure shall not be placed on the Kirby Drive side of any structure and shall be screened from street view on all other streets. 3) Auxiliary structures shall not be located in the front yard space of any site unless such structures meet the following conditions: Page 16 of 90 BUSINESS PARK PEARLAND, TEXAS a. Are intended as guard or other security structure b. Are a subordinate component of the architectural design of the dominant building and integrated into the building design through the use of materials and/ or forms and/ or details. c. Does not exceed a maximum enclosed area of 800 sf. 4) Structures with an office component shall be located on "landscape islands" where the office portion of building does not directly abut paved parking areas. A minimum 5 to 7 foot landscape strip shall be provided between parking areas and office portion of the structure. 5) Vehicles shall not be required to enter the street to move from one area to another on the same site. 6) Building setbacks within the Planned Unit Development (Building Sitting): All structures located within the Planned Unit Development, must be placed outside the landscape easement/setback zone along any public street frontage. In this way, the streetscape developed within the Landscape easement/setback Zone will define the street and not the building. The larger tracts of this sub -district will likely prevent the creation of a continuous building wall. Therefore, other means of achieving a street identity will be established These include: a Front Yard: Front yard setback shall be measured from the R.O.W. and include the landscape easement/setback and be as follows; i. 55 ft. from the R.O.W. (inclusive of the 30-foot landscape easement/setback for Kirby Drive) ii. 50'-0" from R.O W.(inclusive of the 25-foot landscape easement/setback for Spectrum Drive) b. Side Yard: 25 feet from any lot line unless the lot line constitutes a common lot line with a dedicated or common property surface drainage conveyance or detention/retention that is so platted. In such cases the setback may be reduced to 10 feet. c. Rear Yard* 25 feet from any lot line unless the lot line contributes a common lot line with a dedicated or common property surface drainage conveyance or detention/retention that is so platted. In such cases the setback may be reduced to 10 feet. d. Corner Lot: 55 feet from Kirby Drive and 50 from other perimeter streets (inclusive of the landscape easement/ setback) (d) Parking* Parking Structures are prohibited in the front yard space of buildings along any public street. All non -truck parkmg areas and parking in the front yard shall be defined by a concrete curb section (either 6 inch stand up or laydown — drive over — design style) and parking surfaces shall not encroach within the required landscape easement/ setback zone. The landscape easement/ setback may be used to satisfy required parking screen landscape as specified above in the screen section of these guidelines provided that the street tree requirements within the landscape easement/ setback (as described in this ordinance) are met. Page 17 of 90 BUSINESS PARK PEARLAND, TEXAS 1) Parking areas on the street side of ay building shall maintain a 10-foot landscape edge between the parking area and the building This requirement does not apply to truck loading areas or retail land uses that are not part of an office, warehouse, industrial use or any non -retail primary land use 2) Parking lots may be constructed within the building setback zone (but not in the landscape set back zone) 3) Parking lots shall provide landscaped areas (generally within and along the edges the parking lot configuration) as follows: a. Industrial, Warehouse, and/ or Distribution Uses: Such uses must provide parking lot landscape areas at a ratio of 20 s.f. of landscape area per parking space. Landscape areas shall be provided within and along the edges of the total parking area (See Site Development Standards pages 68-69). b. Office, and/ or Commercial Uses (except retail): Such uses must provide parking lot landscape areas at a ratio of 12 s.f. of landscape area per parking space. Landscape areas shall be located within and along the edges of the total parking area (See Site Development Standards pages 68-69).) c. Retail Uses that are not part of an office, warehouse, and industrial or other non -retail primary land use: Such uses must provide parking lot landscape areas at a ratio of 8 s.f. of landscape area per parking space. Landscape areas shall be located within and along the edges of the total parking area. d. Where structured parking is used to satisfy parking requirements, such structured parking (parking within a structure) shall not be included in calculations to determine required parking lot Landscape Islands (as described above). e, Minimum lot area and on site parking requirements for uses within this PUD shall be as required in the City of Pearland Land Use and Urban Development Ordinance (Ordinance # 509-H) 4) Parking Lot Landscape Area located within the parking field shall be a minimum of 150 square feet (inside curb dimension). Designs must allow a minimum of 3'-0" clearance between the front edge of the curb and the trunk of trees planted within the islands. 5) Parking spaces may be no farther from a landscape parking island than: a. Industrial, Warehouse, and/ or Distribution Uses: 300'-0" from a landscaped parking island. b. Office and/ or Commercial (including retail): 100' —0" from a landscape parking Island. 6) Parking lot landscaping in parking lot landscape areas must be distributed within the vehicular parking zone such that at least 60 percent of the total parking lot landscape areas is located in the front and side yards. Page 18 of 90 BUSINESS PARK (e) PEARLAND, TEXAS Public Right of Way Design Guidelines: Design Intent: The primary intention of the Public Right of Way Section of the development standards is to establish a thematic identity for the Planned Unit Development that is clearly expressed in the public right of way. Required planting for the public right of way shall be provided at the right of way edge of the landscape easement/setback zone. Guidelines that influence right of way design are as follows: The overall themes for this district are based upon the creation of a District that will maintain the Campus -like open feel while preserving the natural aspects and the existing qualities of the land. There are three primary streetscape settings within the Planned Unit Development. These streetscapes are distinguished through a variety of elements including, but not limited to, R.O.W. widths, easement, setback widths, and landscaping requirements and organization. The aggregate of these streetscape variances provides the Planned Unit Development with a hierarchal thoroughfare system. This system allows for a legibly organized network of streets that is easily understood by the district's visitors. This organization system also creates a more significant presentation and/or contrast of identity elements that allow The Spectrum District to distinguish itself from surrounding Business Parks. It important, to therefore require utilities located within 250 feet of Kirby Drive and 125 feet of North and South Spectrum be located underground in the designated utility areas only. No above ground utilities will be allowed in this Planned Unit Development in these areas and no Permits Shall Be Issued To Utility Providers, of any type, for above ground Utilities within Planned Unit Development within these areas. The three primary streetscapes may be subdivided into smaller components that work together to accomplish an overall presentation (Exhibit B). The streetscapes that compose the Planned Unit District, and their subcomponents, are as follows: 1. Kirby Drive Streetscape 2. Spectrum Drive Streetscape 3. Beltway 8 Streetscape 4. Typical Streetscape (all other) 1) Kirby Drive Streetscape; The Kirby Drive is the dominant streetscape within the Planned Development District. This street is generally situated in the center of this district running north/south and providing vital linkages to the adjacent properties and communities. It is this street design and location that allows the City of Pearland to facilitate regional thoroughfare systems with a distmctly unique identity for Pearland. These portions of the Kirby Drive are essential to the creation of a future, larger overall Planned Development District Master Plan. It is the mtent of these guidelines to give the visitor/ employee the impression of entering a unique Business Park. Monocultures of canopy trees arranged in formal geometries support this imagery. Streetlights, located within a landscaped median at a consistent spacing, shall be provided to establish a rhythm • Page 19 of 90 BUSINESS PARK PEARLAND, TEXAS along the street. The following categories provide design guidelines that govern the presentation of this streetscape aesthetic. a. Street Section: The typical street section shall be a 120'-0" right-of-way that incorporates a landscaped median (diagram on page 67). A 5'-0" utility easement shall be provided for outside of the Right of Way (ROW) and overlapping the 30'-0' landscape easement/setback described bellowon both sides of the street. In addition a 10'-0" franchise easement shall be located directly adjacent to the required utility easement. The franchise utility easement, however, shall overlap the utility easement no more than 5'-0". The dominant street material shall be concrete paving constructed per City of Pearland requirements with associated intersections requirements, see below (See Kirby Drive Streetscape Plan/Section page 64). b. Landscape Easement/Setback: A 30'-0" landscape easement/setback shall be provided outside of the street R.O.W. Screening walls and parking lots are not permitted within this easement/ setback. Retaining walls may be constructed along the outer perimeter of the easement/ setback as long as they conform to the guidelines specified in the grading section of this component. c. Bridges: Bridges are key identity elements within the Planned Development District. They present gateway opportunities that offer views of existing natural .features and their designs should reflect this importance. Bridges shall have a masonry veneer that complies with standards established in the architectural guidelines chapter of this document (Section `2a"). Bridges should be designed to support pedestrian interaction (should Pearland choose to add a pedestrian component at a later date). i d. Sidewalks: Concrete pedestrian access shall be provided. Sidewalks shall be constructed with on both sides of Kirby Drive. A minimum 6'-0 wide sidewalk shall be constructed on the both side of Kirby Drive. Sidewalks shall be located within the Landscape easement/setback along the Kirby Drive. All sidewalks within the landscape easement/setback and R.O.W. shall not exceed a horizontal slope of 5% and a cross slope of 2% per ADA requirements. Sidewalks shall not come within 3'-0" of any required trees or 2 -0" from any easement/ setback lines within the landscape easement/ setback. Sidewalks shall make the necessary connections to all developed zones within the Planned Unit Development. e. Lighting: Street lighting shall be located in the median, to meet City of Pearland photometric requirements, of the Kirby Drive at a spacing of 210'-0" o.c. In addition to streetlights, receptacle boxes shall be provided within the median at a ratio of one box for every 150 feet (see fighting chart and exhibits page 77) Landscape lighting such as uplights, well lights and moonlights are not permitted except at project entrances. (See Amenities/ Hardscape Chart page 74) Page 20 of 96 } BUSINESS PARK 4117 PEARLAND, TEXAS f. Landscaping: The Kirby Drive street component is intended to reflect the aesthetics found in a Business Park setting. In addition a clearly visible geometry will create a distinctive appearance. In order to accomplish this, a row of offset canopy trees shall be planted, within the required landscape easement/ setback, with the first tree planted no more than 5'-0" from Landscape Easement/ Setback Line and located 30 feet from the ROW line or 10 feet from the landscape easement/setback line at the ROW line and a staggered second tree planted a minimum of 30'-0 ' away and planted no closer to the landscape easement/setback line that first tree (and so on) thus creating an offset pattern. A single row of canopy trees shall be planted along the centerline of the median (only in those areas where the median is greater than 10 feet wide, thus leaving narrow medians at intersections and curb cuts available for ornamental trees) matching spacing (30'-0" o.c.) of those within the landscape easement/setback. No ornamental or evergreen trees shall be located within the Kirby Drive street component except for ornamental trees located in the median near each intersection. Ten ornamental trees, having a height of 8 feet at the time of installation, shall be planted 12 feet on center in the narrowed median (prior to provision of left turn lanes provided the median is not less than 8 feet wide) at each intersection with Spectrum Drive. All areas within the R.O.W. and Landscape Easement/Setback shall be irrigated using bubblers for all trees, drip systems for shrubs, groundcovers, and spray heads for all turf areas to conserve water usage. (See Landscape Chart for approved plant list page 70). Shrub plantings required by parking lot screening guidelines are permitted within the outer 5'-0" (overlapping) of the landscape easement/setback. g. Tree Preservation: The City of Pearland's' tree preservation ordinance shall supersede all design guidelines within this component unless authorized by the City of Pearland. h. Grading: Grades within both the median and R.O.W. shall generally direct all drainage flow towards the street and must work in conjunction with sidewalk/trail grade requirements. Retaining walls may be located along the outer limit of the Landscape Easement/Setback in order to accommodate grading for development zones but may not exceed a height of 3 '-0". Retaining walls shall not be located within the ROW or other portions of the landscape easement/ setbacks, unless extenuating circumstances dictate and the City of Pearland provides consent for such construction. Where berms are employed, they must have a street -facing slope no greater than 4:1 and maintain the general grading requirements specified above. (Refer to grading sections on page 65-66). 2) Spectrum Drive Streetscape The design intent for the Spectrum Drive Streetscape is to provide for adequate future demands on the overall Spectrum District. Spectrum Drive s design intent is to be in a loop' configuration m order to provide future connections and necessary flow of traffic typically within a Business Park with multiple users. The primary intent for this road section is to retain the natural fabric and imagery present within the PUD (Exhibit Page 21 of 90 BUSINESS PARK PEARLAND, TEXAS `A'). Large drifts of evergreen and canopy trees, along with limited berming support these existing conditions. Future development along this streetscape shall match those existing qualities. Guidelines that preserve this aesthetic are as follows: a. Street Section: The typical street section shall be a 100'-0" right-of-way with a landscaped medianA 5'-0' utility easement shall be provided outside of the Right of Way (ROW) on both sides of the street and overlapping the 20'-0" landscaped easement/setback described bellow. The dominant street material shall be concrete paving constructed per City of Pearland requirements with associated intersections requirements. (See Spectrum Drive Streetscape Plan/Section on page 65) b. Landscape Easement/Setback: A 20'-0" landscape easement/setback shall be provided outside of the street R.O.W. Screening walls and parking lots are not permitted within this easement/ setback. Retaining walls may be constructed along the outer perimeter of the easement/ setback as long as they conform to the guidelines dictated in the grading section of this component. c. Bridges: Bridges are key identity elements within the Planned Unit Development. They present gateway opportunities that offer views of existing natural features and their designs should reflect this importance. Bridges shall have a masonry veneer that complies with standards established in the architectural guidelines chapter of this document (Section "2a"). Bridges should be designed to support pedestrian interaction (should Pearland choose to add a pedestrian component at.a later date). i. d. Sidewalks: Concrete pedestrian access shall be provided. Sidewalks shall be constructed on both sides of Spectrum Drive. A 6'-0" wide sidewalk shall be constructed on both sides of the street. All sidewalks shall not exceed a horizontal slope of 5% and a cross slope of 2% per ADA requirements. (for potential future pedestrian connections to be provided by City of Pearland). Sidewalks shall be located within the Landscape easement/setback along Spectrum Drive directly adjacent the ROW line on both sides of the street. Sidewalks shall not come within 3 -0" of any required trees or 2 feet of the edge of landscape easement/ setback. Sidewalks shall make the necessary connections to all developed zones within the Planned Unit Development. e. Lighting: Street lighting shall be located in the median of the Spectrum Drive to meet City of Pearlands photometric standards, at a spacing of 210'-0" o.c. In addition to streetlights receptacle boxes shall be provided within the median at a ratio of one box for every 150 feet. (See Amenities/ Hardscape Chart page 74). Landscape lighting such as uplights, well lights, and moonlights are not permitted except at project entrances. Page 22 of 90 BUSINESS PARK 117 PEARLAND, TEXAS f. Landscaping• Within the required landscape easement/ setbacks, Canopy trees (Deciduous) shall be planted in drifts within the landscape easement/setback at a ratio of two canopy trees per 100 -0' linear feet of street right-of-way. Ornamental trees shall be planted within the landscape set back at a ratio of one ornamental trees per 100'- 0 ' linear feet of street right-of-way Evergreen trees shall also be planted in drifts at a ratio of one tree per 100'-0" linear feet of street right-of-way. It is the intent of this requirement that the total linear frontage inclusive of driveways and curb cuts is calculated in rendering the required amount of trees. These required trees shall be planted in drifts as opposed to a formal and uniform planting. Tree drifts shall not be separated by more than 200'-0" of open space. Shrub plantings required by parking lot screening guidelines are permitted within the outer 5'-0' (overlapping) of the landscape easement/setback All areas within the R O.W. and Landscape Easement/Setback shall be irrigated using bubblers for all trees, drip systems for shrubs, groundcovers, and spray heads for all turf areas to conserve water usage. (See Landscape Chart for approved plant list page 70). g. Tree Preservation: Existing trees protected within City of Pearland's tree preservation ordinance shall be protected where possible. Where natural existing trees are protected within the building front yard space, such trees may be counted for required quantities of trees specified by this section. h. Grading: Grades within both the median and R.O.W. shall generally direct all drainage flow towards the street and must work in conjunction with sidewalk/trail grade requirements. Retaining walls may be located along the outer limit of' the Landscape Easement/Setback in order to accommodate grading for development zones but may not exceed a height of 3 -0" Retaining walls shall not be located within the ROW or other portions of the landscape easement/ setbacks, unless extenuating circumstances dictate and the City of Pearland provides consent for such construction. Where berms are employed, they must have a street -facing slope no greater than 4.1 and maintain the general grading requirements specified above. (Refer to grading sections on page 65-66). 3) Beltway 8 Streetscape The Beltway 8 Streetscape provides opportunities for the Planned Unit Development to establish its image along the Beltway 8 Corridor. The patterns being developed and established along the corridor, in other communities, increases the importance of this edge treatment within the Development. These patterns allow the district, as well as the community, to establish their identity. Characterized by small landscape easement/ setbacks and drifts of trees, this edge provides community identity while functioning as a means of visual continuity between the highway and the district. Large berms further enhance the rural image of this zone while providing screenmg of elements such as parking lots. • Page 23 of 90 BUSINESS PARK PEARLAND, TEXAS a. Landscape Easement/ Setback: This streetscape responds to the opportunity for identity visibility along Beltway 8 and can be accomplished within the landscape easement/setback established along this street frontage. A 35 -0" landscape easement/setback shall be provided outside of the street R.O.W. for all landuses except retail uses. Where retail uses abut Beltway 8, a l0-foot landscape set back is required. Screening walls, structures other than approved gateway monuments, and parking are not permitted within this easement/ setback. b. Utility Easements: A 15-foot utility easement shall be provided outside the Beltway 8 right of way. Such utility easement shall be in addition to any required landscape easement/ setback. c. Lighting: As per City of Pearlands' photometric requirements(See Amenities/ Hardscape Chart page 74) d. Landscaping: (applies to the frontage of non -retail uses only) Canopy trees shall be planted in drifts within the landscape easement/setback at a ratio of two canopy trees per 100'-0" linear feet of street right-of-way Evergreen trees shall be planted at the ratio of 2 trees per 150 '-0" linear feet of street right-of-way. Ornamental trees shall be planted within the landscape set back at a ratio of two ornamental trees per 150'-0" linear feet of street right-of-way. It is the intent of this requirement that the total linear frontage inclusive of driveways and curb cuts is calculated in rendering the required amount of trees. These trees should be planted in drifts as opposed to a formal and uniform planting. Tree drifts shall not be separated by more than 200'-0" of open space. Shrub plantings required by parking lot screening guidelmes are permitted within the outer edge of the landscape easement/ setback All areas within the R.O.W. and Landscape Easement/Setback shall be irrigated using bubblers for all trees, drip systems for shrubs, groundcovers, and spray heads for all turf areas to conserve water usage. (See Landscape Chart for approved plant list page 70). Landscaping: (applies to retail uses only) The landscape easement/ setback zone of any Retail area shall be planted with turf, shrubbery as required to accomplish parking lot screening, and one canopy tree per 60 feet of street frontage. It is the intent of this requirement that the total linear frontage inclusive of driveways and curb cuts is calculated in rendering the required amount of trees. These trees may be planted m formal arrangements or gathered at the entry points of the retail project. e. Tree Preservation: Existing trees protected within City of Pearland's tree preservation ordinance shall be protected, where possible. Protected trees may be counted toward the tree quantity requirements of this section. f. Grading: Grading is permitted within the landscape easement/setback with grades not exceeding 5'-0" of height above top of street curbs. Grades should not exceed 5:1 slopes and generally pitch towards the street curb within the landscape easement/ Page 24 of 90 BUSINESS PARK PEARLAND, TEXAS bubblers for all trees, drip systems for shrubs, groundcovers, and spray heads for all turf areas to conserve water usage. (See Landscape Chart pages 70-72). f. Tree Preservation: Existing trees protected within the City of Pearland's tree preservation ordinance shall be protected where possible. Where trees within the front yard space fronting the streets covered by this guideline, such trees shall count toward the tree requirements specified above. g. Grading: Grades within both the median and R.O.W. shall generally direct all drainage flow towards the street and must work in conjunction with sidewalk/trail grade requirements (above). Retaining walls may be located along the outer hmit of the Landscape Easement/Setback in order to accommodate grading for development zones but may not exceed a height of 3'-0". Retainmg walls shall not be located within the ROW or other portions of the landscape setbacks, unless extenuating circumstances dictate and the City of Pearland provides consent for such construction. Where berms are employed, they must have a street -facing slope no greater than 4:1 and maintain the general grading requirements specified above. (Refer to gradingsections on page 65-66). (f) Building Design Guidelines: Design Intent: . The primary intention of the Building Design Section of the development standards is to establish a visual fabric of continuity and promote those aspects of design and construction that will maintain the quality of the Planned Unit Development. Guidelines that influence building design are as follows: 1) Building Form: The tendency for buildings within this Planned Unit Development to express a massing that is horizontal (longer than tall) should be made more visually complete by; a. Unified Composition: The organization of the building and its component parts are logically arranged in response to organizing elements, such as a dominant form or other point of reference. b. Mitigation of Horizontal Character: Express entry, or office, or other such components of the building with architectural elements that extend above the average plate height or extend away from the ground building plane. c. Closed Parapets: The flat roof is concealed behind a vertical extension of the wall plane. d. The office portion of any structure shall have a unified design treatment with plant/ warehouse portion. The office portion shall not be the only part of the building to receive design consideration. 2) Roof Form: The dominant roof form for all buildings less than 6 stories within this Planned Unit Development is a flat roof. Pitched, arched, or shed roof forms for such buildings are limited to subordinate architectural masses Buildings or portions of a building over 6 Page 26 of 90 BUSINESS PARK 'Ur PEARLAND, TEXAS stories may have pitched, arched, or shed roofs. Where sloping roofs are permitted, the visual expression of such roofs shall be corporate and not residential (residential forms include mansard, gables, or gambrel roofs). Roof to wall connections, which replicate the qualities of residential or smaller scale construction, are not allowed. Therefore, residentially scaled overhangs and soffits are not allowed. The qualities of roof form are: a. Visible Expression of Function: The implied visible purpose of the roof form is to perform those functions associated with roofs. That is to provide sunshade and/ or shed water. A roof, which exists only to conceal mechanical equipment, is not allowed. A roof form whose shape implies a structural system and span inconsistent with the span necessary for the construction type is not allowed. b. Containment of Roof Behind Parapet: when a roof is not expressed as an architectural form or element of the building composition, it shall be concealed behind a solid parapet. Utilitarian accommodations of roof, without architectural significance are not allowed expression beyond the building wall. Therefore, building walls capped with a gravel stop are not allowed. c. Composition of Massing: Where more complex building design creates multiple roof forms, there shall be a logical relationship of the roof composition. Single roof forms, other than flat roofs, which articulate the entire plate size of the structure, are not allowed. It is the intent of this guideline to encourage roof forms (other than flat roofs), which articulate compositional components of the structure rather than the entire mass of the structure itself. d. Visible Support: When roofs extend beyond the building plane and are not part of the cantilever or dominant roof form, they shall be given a visually clear means of support. e. Roof apparatus such as HVAC equipment and venting shall be screened from public view. 3) Definition of Entrance: Entrances shall be clearly defined and inviting. Appropriate treatment of entrances mclude: a. Recesses, Protected Doorway: Public entryways are the beginning of one's encounter with the architectural envelope of the structure. The door for public access into the structure shall be architecturally projected (or recessed) from the structure within an architectural expression of entry. b. Coordinated with Landscaping: All public entries into the structure must bear a relationship to the landscape development of the site. Pathways leading to the entry must be articulated within the landscape design so that the means of accessing the entry is clearly understood. The pathway to the entry must be given visual dominance in the landscape design, through the use of such devices as a widened pathway with accent planting, or a plaza, or a water feature or other means of giving the public entry visual prominence. Page 27 of 90 BUSINESS PARK Iffr PEARLAND, TEXAS a. Coordinated Openings and Details: Elements of the design must be part of a vertical and/ or horizontal pattern that engages and visually explains the placement and subdivision of the architectural features. Consistent horizontal reference lines for openings are important so that the building has an overall order. Vertical relationships are also important so that the placement of openings has architectural relevance and visual randomness is avoided. Therefore, openings of a similar type in the elevation should be generally vertically and horizontally aligned with a common head, sill, or centerline. b. Finishes Consistent with Building Material Building finishes must be part of the natural expression of the building's construction material. Therefore, painting or parging over the masonry veneer of the structure will not be permitted. It is the intent of these guidelines that materials with lasting quality be employed and that the perception of the Planned Unit Development as a fabric of quality building materials be achieved. c. Material Changes* Materials will not be changed within the same plane of a structure. Therefore, any change of materials must be achieved with architectural transition. These transitions include offsets, projected masses, intervening structure, and in the case of accent materials which are part of a decorative composition (e.g. accent bands, window/ opening surrounds/ headers, edge treatments, or murals) d. Coloration: Buildings must primarily express the color of the permitted material comprising the building wall (see materials section above). Rich accent colors may be used at key locations but shall not comprise an architectural motif (such as a band or system) provided it does not encompass more than 1% of the building exterior surface area. Corporate trademark colors can only be used in the same manner as accent colors stated above. Accent colors may be applied to building fabricated components (such as guardrails), structural supports of subordinate building elements (such as canopies or subordinate entry form). 7) Lighting: Lighting is an important contributing element to the identity and continuity of the Northern and Western Edge Sub -district. It is the mtent of this guideline to create a distinctive nighttime form that is uniquely expressed in the treatment of building fighting. In keeping with the lighting qualities characteristic with the rural tradition of Pearland, the acceptable qualities of lighting are: a. On Site Vehicular Circulation and Parking Lot Lighting: All such lighting will consist of a uniform light standard and fixture that will be used for lighting throughout the site. The mmimum overall light level for parking areas is 2 foot candles so that the internal light of buildings is not over powered by the ambient external light level. Light fixtures must be zero cut off with the light source completely inside and above the bottom of the fixture shield to cut off the horizontal glare. (See Amenities/ Hardscape Chart page 74) b. Landscape Lighting: Landscape lighting will be permitted at entrances and limited to the landscape entry zone (See Amenities/ Hardscape Chart page 74) . Page 29 of 90 BUSINESS PARK PEARLAND, TEXAS 8) Height: Building heights within the Planned Unit Development will generally be lower due to the predominant uses. However, it is the intent of these guidelines to encourage places of greater intensity and nodal form. Such places would identify important centers of activity. Therefore, the permitted heights within the Planned Unit Development are as follows: (See Exhibit B this document) a. District A: The Beltway 8 District: 10 stories b. District B: The Mixed Use Science/ Technology District: 6 stories" c. District C. The Mixed Use Industrial Zone: 4 stories • (g) Building/ Tenant Identification and Site Signage in Non -retail areas: Signs are an important element contributing to the identity and continuity of the Planned Unit Development. All signs for these sites must be designed as one of the following sign types: (See Signage Standards Page 73) 1) General Standards: The following standards shall apply to all signs in non -retail areas: a. Signs shall be restricted to tenant identification only whether ground level signs or building mounted. b. No roof -mounted signs are permitted. c. No sign may extend above the roofline or parapet wall. d. Signs shall not be attached to exterior glass. e. Public devices (such as clocks) shall not contain advertising. f. Multi -tenant building identification signage (whether ground level or building mounted) shall identify tenants on one such sign of each type. Multiple ground level or building mounted signs are not permitted. g. All signs needed for the operation of any facility shall use an Arial, Arial Black, or Arial Narrow Type face (except for tenant identification signs that use a company logo or logo type). Company logos may be applied as graphic accents to these signs. Examples of the above specified Type face are: • Arial, ARIAL, ABCDEF, abcdef • Arial Black, ARIAL BLACK, ABCDEF, abcdef • Arial Narrow, ARIAL NARROW, ABCDEF, abcdef h. No sign or any other contrivance can be devised to rotate, gyrate, blink, flash, or move in any fashion. i. No commercial advertising is permitted on any sign j. Sign copy must be coordinated in size, color, and type style. Copy should be applied in a manner that avoids shadow distortion. Copy must not be located any closer than 1/2 letter height to any sign edge or other line of copy. Exceptions may be granted for a registered trademark Logo symbols may not exceed the maximum sign height or be 50% greater than the actual letter height; and may not be located closer than %2 letter height to any building edge window door, column, corner, mullion, sign band, canopy, or other significant architectural Page 30 of 90 BUSINESS PARK ler PEARLAND, TEXAS feature. The sign background should be free of distracting detail and information. Copy color should contrast with background color. k. Paint on non-ferrous metals must be a Matthews Acrylic Polyurethane or equal of self -etching primer. 2) Identifying Ground Level Signs: These include project signs and/ or business/ tenant identification signs located at the site entry. No other identifying ground level signs are permitted. Identifying ground level signs used for project and/ or business/ tenant identification (e.g. monument signs) must be located within the landscape easement/setback zone, at the project entry and conform to a unified design. The identifying ground level sign must be designed in accordance with diagram "B", page 76. All identifying ground level project and/ or business/ tenant signs must conform to this design in form, color, and placement of message. Identifying ground level signs may be externally illuminated with concealed, external, low profile, flood lighting, or internally illuminated in a manner that lights only the copy and not the sign background. No other lighting will be acceptable. 3) Permanent Building Mounted Signs and Site Signs: Permanent Building .Mounted Signs include single and multiple business/ tenant identity signs, entry door signs, address signs, operating hour/ information signs, and delivery information/ service door signs. a. Only primary and secondary business/ tenant identification building mounted signs may be illuminated. Only internal illumination is permitted. Such illumination must light only the letters/ copy and not the sign background nor allow light to spill out around the letters/ copy. All other building mounted signs must be non -illuminated. b. Site Directional and Information Signs are limited to those identifying businesses, giving direction for on site circulation, and providing sales/ leasing/ construction information. Such signage must be pole mounted on a 3-/2 -inch diameter square pole at a uniform height of 6 feet above grade. The poles must be colored a dark bronze paint and painted with polyester urethane paint. All such shall conform to (See Signage Standards Page 73). • (h) Building Signage in the Retail Areas of the Beltway 8/ Kirby Drive Zone: Signage is a key element in establishing a distinctive character for the Commercial District. The design intent is to establish a functional information system that with identifying style and image that creates a fabric of continuity. The following guidelines address four types of signage. These are: a. Detached Project/ Premise Signs (See Signage Standards Page 73): Detached Project Signs are located at the street and identify the project and businesses within that project. Detached Premise Signs are located off the street edge and identify only an individual business within a site (includes pad sites within larger retail projects). Page 31 of 90 BUSINESS PARK ler PEARLAND, TEXAS b. Attached Tenant Signs: Attached tenant signs are signs located on the facade of a structure, identifying the business tenants within. c. Building Mounted Pedestrian Premise Signs: Building Mounted Pedestrian Premise signage identifies business tenants along the pedestrian -ways/ arcades. d. Site directional and informational signage: Site directional and informational signage provides information to the vehicular or pedestrian traffic. (1) General Standards: The following standards shall apply to all signs in non -retail areas: a. No roof -mounted signs are permitted. b. No sign may extend above the roofline or parapet wall. c. Signs shall not be attached to exterior glass. d. Public devices (such as clocks) shall not contain advertising. e. Multi -tenant Detached Project/ Premise Signs shall identify tenants• on one such sign of each type Multiple Detached Project/ Premise signs are not permitted for any one -project site (this excludes pad sites that are part of a larger retail project). f. All signs needed for the operation of any facility shall use an Arial, Arial Black, or Arial Narrow type face (except for tenant identification signs that use a company logo or logo type). Company logos may be applied as graphic accents to these signs. Examples of the above specified type face are: • Arial, ARIAL, ABCDEF, abcdef • Arial Black, ARIAL BLACK ABCDEF, abcdef • Arial Narrow, ARIAL NARROW, ABCDEF, abcdef g. No sign or any other contrivance can be devised to rotate, gyrate, blink, flash, or move m any fashion. h. Sign copy must be coordinated in size, color, and type style. Copy should be applied in a manner that avoids shadow distortion. Copy must not be located any closer than V2 letter height to any sign edge or other line of copy. Exceptions may be granted for a registered trademark. Logo symbols may not exceed the maximum sign height or be 50% greater than the actual letter height; and may not be located closer than 1/2 letter height to any building edge window, door, column, corner mullion, sign band, canopy, or other significant architectural feature. The sign background should be free of distracting detail and information. Copy color should contrast with background color. i. Paint on non-ferrous metals must be a Matthews Acrylic Polyurethane or equal of self -etching primer. 2) Guidelines for each of these sign types is as follows: a. Detached Project/ Signs: Signs identifying projects and tenants therein which face the Retail Street must be attached to free standing structures that maintain a uniform width from ground to top, are built of the same masonry material as the project they identify, are uniformly 8 feet in length/ 1 foot in width/ 18 feet height, oriented perpendicular Page 32 of 90 BUSINESS PARK (i) PEARLAND, TEXAS to the street, and set in landscape beds that extend at least 2 %2 feet from the base of the sign structure. (See Signage Standards Page 73)Project Signs may be located within the landscape easement/setback zone and must conform to the standards for identifying ground level signs (see Office Commercial Zone sign criteria above). Detached project signs may be externally illuminated with concealed, external, low profile flood lighting, or internally illuminated in a manner that lights only the sign letters/ copy and not the sign background nor allow light to spill out around the letters/ copy. b. Detached Premise Signs: Detached premise signs must not exceed 6 feet in height, not exceed 40 square feet in sign face area, be built of the same material as the structures they identify, and be set in landscape beds that extend at least 2 /2 feet from the base of the sign structure (Diagram "A' , page 76). Detached premise signs may not be located within the Landscape easement/setback Zone Detached Premise signs may be externally illuminated with concealed, external low profile floodlights or internally illuminated in a manner that lights the sign letters/copy and not the sign background nor allows light to spill out around the letters/ copy. c. Attached Premise Signs: Attached premise signs not located on the pedestrian -way shall be mounted on solid masonry wall and the total area of wall perimeter that enflames the sign must maintain a uniform 2 feet in height and be contained within the horizontal limits of the premise it identifies. These signs may be internally illuminated in a manner that lights the sign letters/ copy and not the sign background nor allows light to spill out around the letters/ copy. d. Building Mounted Pedestrian Premise Signs: All pedestrian level signage along any articulated pedestrian way shall be mounted perpendicular to the building plane so as to hang over the pedestrian - way. All such signage shall be painted signage (no larger than 8 square feet) and hung from a simple horizontal mast. Customization of painted graphics is encouraged, as well as manipulation of the edge pattern/ shape of the sign itself. e. Site Directional and Informational Signage: Site directional and information signage must be uniform throughout the Planned Unit Development. Such signage must be pole mounted on a 3-/2 -inch diameter square pole at a uniform height of 6 feet above grade. The poles must be colored a dark bronze paint and painted with polyester urethane paint. All such shall conform to (See Signage Standards Page 73). Landscape Design Guidelines: Design Intent: The primary intention of the Landscape Design Section of the development standards is to establish a visual fabric of contmuity and promote those aspects of design and construction that will maintain the quality of the Planned Unit Development. Standards that influence building design are as follows: 1) Landscape Easement/ Setback: A landscape easement/setback will be maintained along the frontage of all public streets within the Planned Unit Development Parking areas shall not encroach upon Page 33 of 90 BUSINESS PARK • law PEARLAND, TEXAS the required landscape easement/ setback but the edge of the easement/ setback that interfaces with parking areas may be used to satisfy parking screening requirements. Similarly, the edge of the landscape easement/setback that interfaces with the public right of way may be used to satisfy requirements for right of way landscaping Required Landscape Easement/Setback is as follows; i. Kirby Drive — 30'-0" ii. North and South Spectrum — 20'- 0" iii. All other — 25'0" 2) Landscape materials and forms within the Landscape Easement/ Set back zone: a. When Required Parking Lot screening is provided within the Landscape set back zone, the remainder of the zone shall be planted with native grasses in those areas open to sun light and native ground covers in those areas shaded by Street Landscape Trees. This standard does not apply to Kirby Drive, which shall be planted with an irrigated turf. Native or irrigated grasses must be provided in addition to the street tree planting requirements for each street. b. When Required Parking Lot Screening is accomplished outside the Landscape Set Back Zone, the landscape easement/ setback zone shall be planted with native grasses' in those areas open to sun light, and native ground covers in those areas shaded by Street Landscape Trees. This standard does not apply to Kirby Drive, which shall be planted with an irrigated turf. Native or irrigated grasses must be provided in addition to the required trees as specified in the street tree planting requirements for each street. (See Landscape Chart for approved plant list page 70) 3) Berms: may only be located within the Landscape Easement/ Setback Zone when such berms are used for required parking lot screening. In such cases, berms shall have maximum slope (when viewed from the street) of 4:1. 4) Retaining structures such as retaining walls, planter walls not part of, or extensions of the primary structure or auxiliary structures are considered detached walls and shall be treated as part of the landscape. Retaining walls, planters walls, and other retaming structures that are extensions of the primary structure shall be made of the same material as that portion of the primary structure from which it extends. Detached retaining structures are important elements of visual continuity. 5) Natural drainage patterns shall be maintained where possible. Grass swales or storm sewer pipes shall be used in landscape areas Open, concrete channels or flumes are not permitted in The Planned Unit Development due to high degree of maintenance required to keep them free of trash and debris. Page 34 of 90 BUSINESS PARK PEARLAND, TEXAS 6) Building landscaping within the Science Technology Zone and Industrial Zone: The massiveness of science/ technology/ industrial buildings shall be broken up with landscape placement around the building perimeter (exclusive of loading areas not visible from the street) that visually encroaches upon the long building planes. Primary architectural structures shall receive foundation shrub planting drifts for 30% of the building perimeter in order to provide a complexity and connection between the building plane and the ground plane. Foundation plantings shall not mimic the building footprint, but rather be expressed in naturalistic patterns. In addition to these plantings, all building entrances shall receive accent planting to reinforce architectural entrance points. All landscaped areas within the Primary Architectural Structures (perimeter of buildings) shall be irrigated using bubblers for all trees, drip systems for shrubs, groundcovers, and spray heads for all turf areas to conserve water usage. 7) Parking Lot Landscaping: Landscaping of parking lots shall be adequately distributed through out parking lots as follows: a. Landscape Pockets within parking lots shall be provided. These pockets shall be located within the parking lot itself and of sufficient size to break the expansiveness of large parking lots (see parking section for size of required landscape pockets). Parking lots shall provide landscaped pockets at those ratios specified in Section "2d" (parking section) of this Planned Development Ordinance. i. The required area for Landscape Pockets may be aggregated into a single landscape zone within a parking (if permitted by other requirements of the site design section) lot or divided into smaller landscape areas throughout the parking lot. When landscape pockets are provided between parking spaces facing each other, the width of the islands shall be a minimum of 6 feet. Landscape pockets located within the parking field shall be a minimum of 150 square feet (inside curb dimension). Designs must allow a minimum of 3'-0" clearance between the front edge of the curb and the trunk of trees planted within the islands. b. Parking lots shall provide canopy trees at a ratio of one canopy tree per 3,000 s.f. of the total parking lot square footage Canopy tree arrangements shall be planted in drifts (See Site Development Standards pages 68-69). within the landscape pockets described above (to the extent possible then located at the parking lot perimeter if sufficient space is not available). Landscape pockets within parking lots shall be exclusively landscaped with trees, shrubs and groundcovers at the required quantities and heights dictated within the landscape requirements of this section All areas within the Parking Lots shall be irrigated using bubblers for all trees, drip systems for shrubs groundcovers, and spray heads for all turf areas to conserve water usage. c. Parking lot screening for parking lots adjacent to landscape easement/setback zones must be a minimum of 3 -0" height screen. This screen may be accomplished solely or through a combination of berming and/ or evergreen screen. Evergreen screens must incorporate a minimum of two plant species with one primary species accounting Page 35 of 90 BUSINESS PARK IMF PEARLAND, TEXAS 1 j (i) (k) for a minimum of 70% of the screen Evergreen screens must reflect naturalistic forms through drifts of plantings rather than linear shapes. In retail projects (and as an option for non -retail projects) parking lot screens may be accomplished with a continuous row of evergreen shrubs that cover 100% of the parking lot frontage and have a height of 3'-0" at the time of planting. All areas within the Parking Lot Screening shall be irrigated using bubblers for all trees, drip systems for shrubs, groundcovers, and spray heads for all turf areas to conserve water usage. Refer to the PUD landscape chart for acceptable planting material in this section (See Landscape Chart for approved plant list page 70). 8) Buildings shall be separated from parking areas by a 15'-0" landscape edge. (See Landscape Chart this document) 9) Street Landscaping within the Landscape Easement/Setback Areas: Along the street right of way frontage of any parcel and within the required landscape easement/setback, each property owner shall plant trees in accordance with the street tree requirements for each street as specified in section "2e" (public right of way design guidelines). Street frontage trees shall be of a variety that is established for the street fronted. (See Landscape Chart for approved plant list page 70) 10) General Landscape Conditions: When existing natural features of a site are preserved in the landscape design, the number of trees preserved shall be counted toward any of the landscape requirements of this Planned Development Ordinance, which the location of the preserved trees seems most compatible with. 11) General Site Drainage; To meet City of Pearlands' Standards Permitted Land Uses and Definitions: The uses specified m Exhibit "C' are the only uses permitted within the Planned Unit Development except additional uses permitted by the Pearland City Council pursuant to the City of Pearland Development Code. Definitions of Permitted Land Uses are specified in Exhibit "C". Land Use District Map: Permitted uses within the Pearland Commercial District are allocated to generally defined land use zones as shown in Exhibit B. The boundaries of the zones are intended for guidance and will be established at the time of final plat. 0) Parking: The mmimum amount of permanent on site parking provided within the Planned Unit Development shall meet the standards set forth in the City's current parking regulations for those uses most similar to those proposed for Planned Unit Development (and any of its Sub -Districts). Page 36 of 90 BUSINESS PARK (m) PEARLAND, TEXAS Irrigation Plans: All required landscape areas shall be properly irrigated. Irrigation Plans prepared by a registered irrigation designer shall be provided for all plans submitted to show compliance with the landscape guidelines and standards of this Ordinance. (n) Maintenance: The continued health and upkeep of the landscape on each site shall be the permanent and sole responsibility of the property owner. Diseased and/ or damaged trees, shrubs, groundcover, beds, and/ or turf areas shall be replaced to the conditions which meet the requirements of the originally approved landscape plan. In addition, the property owner shall be responsible for replacing dead plantings in a timely manner. The City of Pearland shall issue a citation for dead diseased, damaged, and/ or missing landscape material that is required to meet the standards of this Ordinance. (o) Cumulative Requirements: All standards set forth herein are cumulative in nature. Where properties contain more than one use, the requirements for each use shall be met. (P) Design Standards and Specifications: In addition to the Guidehnes and Standards specified in Section "2", the design standards and specifications specified in existing codes of the City of Pearland shall also apply unless amended by this ordinance. In areas where the design standards and specifications set forth in existing Codes of the City of Pearland and the guidelines and standards set forth in this ordinance are in conflict, the guidelines and standards specified in this ordmance shall prevail. (q) Development Plan Review: Exhibit `B" is the Concept Development Plan, which conceptually identifies the following: 1) Boundaries of the Planned Unit Development 2) Land Uses 3) General Road and Thoroughfare layout 4) General boundaries of land use sub -districts 5) Areas of public dedication • The roads shown on the Concept Development Plan reflect conceptual alignments only and may be realigned at the time of Detailed Plan submittal. Such realignment is permitted by this ordinance provided that such re -alignment is generally consistent with the intent of the concept plan. Likewise, Planned Unit Development Sub -Districts as shown on the concept Development Plan are conceptual configurations, which may be modified by land areas assembled for mdividual developments. Therefore, the specific boundaries of Planned Unit Development sub -districts will be established at the time of detailed plan submittal and may vary from the areas shown on the Conceptual Development Plan provided that the modified areas are substantially consistent with the mtent of the Concept Plan. Page 37 of 90 BUSINESS PARK 1 PEARLAND, TEXAS Prior to issuance of building permit for any land use allowed by this ordinance within any sub -district of this Planned Unit Development, the City Manager shall approve a Detailed Site Plan. Upon approval of each Detailed Site Plan, any changes to the Conceptual Development Plan contained therein shall be recorded on a modified Conceptual Development Plan and the revised Conceptual Development Plan shall be approved in conjunction with the Detailed Site Plan at the time of Detailed Site Plan approval. Detailed Site Plans shall illustrate the following: • Site Boundaries, location maps. Site acreage • Right of ways and streets • Lot lines • Easements and dedications • Location of required landscape areas and landscaping • Required set backs • Entry features, monument signage, and/ or thematic entrances • Building placement, general placement, and height • Any required detention, Retention, and or mitigation • Parking lots, parking count, location of accessible parking spaces • Vehicular ingress/ egress, fire lanes/ emergency access • Building services, storage yards, equipment, and other site areas which require screening and the screening proposed • Other information that may be requested by staff and pertains to demonstrating compliance with the requirements of this ordinance that specifically relate to the site plan. A preliminary plat shall be submitted for all portions of the Planned Development that have received Detailed Site Plan approval (r) Modification to applicable standards: At the time the Detailed Site Plan is considered for approval, the property owner may request an amendment to the PUD. In those instances where the property owner demonstrates that the requirements of this ordinance exclusive of building setback, parking, and building height meets the following conditions: a Presents exceptional or extraordinary circumstances or conditions applicable to the property involved that do not apply generally to all property affected by this ordinance and which produce unreasonable practical difficulties or unreasonable and unnecessary hardships as a result of adhering to this ordinance. b. Prevents preservation and enjoyment of substantial property right of the petitioner m consonance and harmony with the enjoyment of their property by other neighboring owners subject to the conditions of this ordinance. c. Is not materially detrimental to the public welfare or injurious to the property or improvements resulting from this Ordmance. The Pearland City Council may modify the requirements (exclusive of building setback, parking and building height) applicable to that site. All such modifications of the requirements of this ordinance (exclusive of building easement, setback, parking, and Page 38 of 90 BUSINESS PARK PEARLAND, TEXAS building height) shall be determined in the course of consideration of the Conceptual Development Plan and the Final Site Plan and Design. SECTION 3. That unless otherwise expressly provided in this Ordinance, all regulations in the Pearland City Ordinances, as amended, and that are applicable to the Planned Unit Development shall apply to all property within the Planned Unit Development. • • • Page 39 of 90 BUSINESS PARK • I PEARLAND, TEXAS INTENTIONALLY LEFT BLANK FOR CITY USE • Page 40 of 90 BUSINESS PARK TEXAS PEARLAND, Exhibit 'A' District Boundary Map Page 41 of 90 BUSINESS PARK TEXAS HOOPER ROAD (11,400 SO. FT. OF GROSS) S. SAM HOUSTON TOLLWAY 3 01-20-04 RENSED PRa'OteD AUGMENTS Cf IOROY A 5 SPI:aTRW SUPERIMPOSED TO 3 MOMS NOTES 1. THIS MAP IS A COMPOSITE MAP BASED ON SURVEYS PERFORMED BY SOUTH TEXAS SURVEYING ASSOCIATES, INC., DATED 08-08-03, 08-13-03 ARO 09-15-03. SURVCON INC. AFCSPTS NO RESPONSIBILITY FOR THE ACCURACY OF THESE SURVEYS. EXHIBIT MAP LNR TRACTS IN BLOCK F OF THE ALLISON RICHEY GULF COAST HOMES SUBDIVISION CITY OF PEARLAND HARRIS COUNTY, TEXAS 0 SCALE: DATE: DRAM BY: SURVCON INC, PROFESSIONAL SURVB'YORS 1917 Tr0OD111 .(71S) 710-Up9 1. = 400' JOB Na 510523-0578 12-08-03 F.B. NO. ELW PROJECT: IENNAR TRACTS p 81• 30.0'-1 Y" TRACT "D" 20.2702 ACRES (8821971 SQ.. FT.) 930.00' 1270.071 TRACT 'B' 11.0588 ACRES (481,710 SO.. FT.) 1320.001 PROPOSED NORTH SPECTRUM (38,103 SQ, FT.) 34.69' 46.4 52.25' 1 PROPOSED. SOUTH SPECTRUM (127,023 SQ. FT. OF NET) 1 70.00' 13 i1.00 TRACT "A" GROSE AREA-11.5152 ACRES (501,800 s0. FT.) NET AREA-11.0790 ACRES (482,600 SQ. FT.) vow ANAOOST RDA 7.600 SO. FT.. OF. GROSS 1 1' PEARLAND, 9t.89' 162.381 3040 183.22. tgi A 276.00. GROSS AREA-45.05 ACRES LESS THE. SOUTH 20 FEET, EAST 20 FEET AND WEST 20 FEET NET AREA=44.00 ACRES (1,918,935 SQ. FT.) RCPOSED KIRBY'DRIVE (137,881 SQ. FT.. OF NET) 1182. 5 • • PROPOSED NORTH SPECTRUM (341891 SQ. FT. OF NET) 280.00 320.00 » OPOSED NORTHSPECTRUM (35;007 SQ. FT. OF NET) PROPOSED KIRBY'DRIVE (223,120 SQ. Ft OF NET) GROSS AREA 80.0000 ACRES (2,813,800 SQ. FT.) LESS THE NORTH 20 FEET, EAST 20 FEET AND WEST 20 FEET NET AREA-57.59 ACRES (2,508,800 SQ. FT.) PRCPOSED:SOUTH SPECTRUM. (118,540 SQ. FT. OF NET) smimmi116. 70' 1 4.43 (See Legal Description for Meets and Bound Description Next Page) 1320.001 a 0 1 Page 42 of 90 BUSINESS PARK TEXAS PEARLAND, Meets and Bounds Description 1. Legal Description* Tract 1: The Southeast Tract 60.0000 acres (2,613,600 square feet) of land situated in the James Hamilton Survey, Abstract No. 876, being all of lots 39, 39 1/2, 40, 40 1/2, 41, 41 1/2, 42, 421/2, 55, 55 14, 56 and 56 1/4 in section or block "F" in the Allison -Richey Gulf Coast Home Co's. part of Suburban Gardens Subdivision recorded in Volume 3, page 40 of the map records of Harris County, Texas. Said 60 0000 acre tract being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod found in the center line of Anagnost Road (proposed Kirby Drive) (40 feet wide), and the center line of a 40 feet road easement recorded in Volume 4066, pages 475 and 481 of the deed records of Harris County, Texas, also being the southwest corner of lots 261/2 and the southwest corner of the certain called 45.1958 acres tract recorded in Film Code No. 154-30-1591 of the deed records of Harris County, Texas; THENCE North 87 degrees 41 minutes 01 seconds east, along the north line of said lots 39 and 40, being the south line of lots 261/2 and 25 1/2, being the south line of said 45.1958 acre tract, a distance of 1320.00 feet to a 5/8 inch iron rod set for the northeast corner in the center line of a 40 feet roadway easement (called Karalis Drive); THENCE South 02 degrees 18 minutes 59 seconds East, along the center line of said Karalis Road a distance of 1980.00 feet to a 5/8 inch iron rod set for the southeast corner, being the southeast corner of said lot 56 'A; THENCE South 87 degrees 41 minutes 01 seconds West, along the south line of said lots 56 1/2 and 55 1, being the north line of lots 57 and 58, a distance of 1320.00 feet to a 5/8 inch iron rod set for the southwest corner in the center line of said Anagnost Road (proposed Kirby Drive); THENCE North 02 degrees 18 minutes 59 seconds west, along said center line of Anagnost Road, a distance of 1980.00 feet to the point of beginning and containing 60.0000 acres (2,613,600 square feet) of land. Tract 2: The West Tract (Composed of three parcels): Parcel A: All of lots 53 and 54 and the south fifty feet of lots 43 1A and 441/2 of Allison - Richey Gulf Coast Home Company Subdivision, Section F James Hamilton Survey, Abstract 876, Harris County Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a point in the center of Hooper Road at the southwest corner of lot 53, said point being south 00 degrees 10 minutes West a distance of 1650.00 feet from the intersection of the center lines of Hooper and Riley Road; Page 43 of 90 BUSINESS PARK TEXAS ler PEARLAND, THENCE South 89 degrees 50 minutes 00 seconds East along the south line of said lot 53, at 30 feet passing the east line of Hooper Road, continuing with a fence at 660 feet passing the southeast corner of said lot 53 (which is also the southwest corner of said lot 54), continuing along the south line of said lot 54 and with a fence at 1300 feet passing the west line of Anagnost Road, in all a distance of 1320.00 feet to the southeast corner of said lot 54; THENCE North 00 degrees 10 minutes 00 seconds East with the east line of lot 54 at 330 feet passing the northeast corner of said lot 54 (same being the south east corner of said lot 43 1/2) in all a distance 380 feet to a point for the northeast corner of this tract which is herein being partitioned to Benetta L Bybee, Trustee under the will of Eldon Bybee, deceased, said corner being south 00 degrees 10 minutes 00 seconds West, 280 feet from the northeast corner of lot 43 %; THENCE North 89 degrees 50 minutes 00 seconds West parallel to the south line of said lot 43 % at 20 feet passing the west line of Anagnost Road, at 660 feet passing the west line of said lot 43 1/2 (same being the east line of said lot 44 /2 ) continuing parallel to the south line of said lot 44 % at 1290.00 feet passing the fenced east line of Hooper Road, in all a distance 1320.0 feet to a point for comer in the west line of said lot 441/2 (which is also the center line of Hooper Road); THENCE South 00 degrees 10 minutes 00 seconds West with the center line of Hooper Road at 50 feet passing the southwest corner of said lot 441/2 (same being the northwest of said lot 53) in all a distance of 380.00 feet to the place of beginning containing 11.079 acres of land exclusive of that part which lies within the boundaries of Hooper and Anagnost Roads. The land hereby set aside to Benetta L Bybee Trustee under the will of Eldon Bybee is subject to two road easements as follows: 1) A strip 30 feet wide off of the west end of said land is within the boundaries of Hooper Road (60 foot wide Road) 2) A strip 20 feet wide off of the east end of said land is within the boundaries of Anagnost Road (a 4 foot wide road) Parcel B: All that certain 11.0586 acres (481,710 square feet) of land out of the Allison - Richey Gulf Coast Company Subdivision Section "F", in the James Hamilton Survey A-876, Hams County, Texas and being more particularly described in metes and bounds as follows: COMMENCING at the northwest corner of that certain called 47.5234 acres of land described in a deed dated 7-12-1973 from E T Russell, Trustee to John Clinton Bybee, Jr. et al, filed m the official public records of real property of Harris County, Texas at Clerk File No. D-922889, Film Code No. 164-30-1596, from which a fence post bears South 46 degrees 54 minutes East, 0.9 feet; Page 44 of 90 BUSINESS PARK TEXAS ler PEARLAND, THENCE South 00 degrees 10 minutes 00 second West 865.95 feet, along the east right of way line of Hooper Road ( 60 feet wide) to a found 'A inch iron rod marking a point of beginning of the herein descried tract; THENCE South 89 degrees 45 minutes 32 seconds East 1270.07 feet to a set 5/8 inch iron rod for corner; THENCE South 00 degrees 10 minutes 00 seconds West 379.28 feet along the west right-of-way line of Anagnost Road (40 feet wide) (not open), to a set 5/8 inch iron rod for corner; THENCE North 89 degrees 45 minutes 32 seconds West 1270.06 feet to a set V2 inch iron rod for corner; THENCE North 00 degrees 10 minutes 00 seconds East 379.28 feet along the east right-of-way line of said Hooper Road, to the point of beginning and containing 481,710 square feet (11.0586 acres) of land more or less Parcel D: All that certain 882 971 square feet of land out of the Allison -Richey Gulf Coast Home Company Subdivision, Section ` F", in the James Hamilton Survey A-876, Harris County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at the northwest comer of that certain called 47.5234 acres of land described as ` Tract No. 2" in a deed dated 7-12- 1973 from E T Russell, Trustee of to John Clinton Bybee, Jr. et al, filed in the official public records of real property of Harris County, Texas at Clerk File No. D-922889, Film Code No. 164-30-1596, from which a fence post bears South 46 degrees 54 minutes East, 0.9 feet; THENCE South 89 degrees 39 minutes 23 seconds East a distance of 1270.10 feet along the south right-of-way line of Riley Road (40 feet wide) (not open), to a 5/8 inch iron rod set marking the northeast corner of said called 47.5234 acre tract (as occupied), for corner; THENCE South 00 degrees 10 minutes 00 seconds West a distance of 871.07 feet along the west right-of-way line of Anagnost Road (40 feet wide) (not open), to a set 5/8 inch iron rod for corner; THENCE North 89 degrees 45 minutes 32 seconds West with the north line of a 11.0585 acre tract a distance of 640.07 feet to a found 'A inch iron rod for comer; THENCE North 00 degrees 10 minutes 00 seconds East with the east line of a 5.0530 acre tract of land formerly sold by Mary Elizabeth Bybee Brown to the Page 45 of 90 BUSINESS PARK TEXAS iar PEARLAND, Stone Company of Houston, Inc. a distance of 349.38 feet to a point for corner from which a found 1/2 inch iron rod bears North 64 degrees 44 minutes East, 0.7 feet; THENCE North 89 degrees 45 minutes 32 seconds West with the north line of the said tract sold to the Stone Company of Houston, Inc. a distance of 630.0 feet to a point for corner, from which a fence post bears North 46 degrees 39 minutes East 1.3 feet; THENCE North 00 degrees 10 minutes 00 seconds East a distance of 516.57 feet along the east right-of-way line of Hooper Road (60 feet wide), to the point of beginning and containing 882,971 square feet (20.2702 acres) of land more or less. Tract 3: The North East Tract 44.00 acres 1,916,935 square feet) being all that parcel or tract of land in Harris County, Texas being all of lots 9 1/2, 10 1/2, 23, 23 1/2, 24, 24 1/2, 25, 25 1/2, 26, 26 1/2 of Allison- Richey Gulf Coast Home Company Subdivision, according to plat thereof recorded in Volume 3, Page 40 of the Map Records of Harris County, Texas, and being out of section "F" of said subdivision. • LESS and except the east half 1/2 (20 feet) of Anagnost Road and the north half (20 feet) of Riley Road, and the west half (20 feet of Karalis Road, and the Almeda Cemetery Association called 1.86 acres out of said lot 9 1/2 as described in Volume 313, Page 635 through 636 of the Deed Records of Harris County, Texas, and the 0.8368 acre strip of the north portions of said lots 9 1/2 and 10 1/2 described in the right -of way deed for 6.7722 acres from M. M. Verheul to County of Harris, dated 10-14-59, recorded in Volume 3877, Page 462 of the Deed Records of Harris County, Texas and also save and except a 1.23 acre tract out of lots 9 1/2, 10 1/2 , and 23 conveyed to Harris County, said 44.00 acre tract being fully described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod set at point of intersection of the east right-of- way line of said Anagnost Road and the north right-of-way line of said Riley Road for the southwest corner of this tract, being a point North 02 degrees 18 minutes 59 seconds West, 20.00 feet and North 87 degrees 41 minutes 01 seconds East, 20.00 feet from the southwest corner of said lot 26 'A; THENCE North 87 degrees 41 minutes 01 seconds East, with said north right- of-way line of Riley Road a distance of 1280.0 feet to a 5/8 inch iron rod set at point of intersection with the west right -of —way line of said Karalis Road, for the southeast corner of this tract, being point North 02 degrees 18 minutes 59 seconds West, 20.00 feet and South 87 degrees 41 minutes 01 seconds West 20.00 feet from the southeast of said lot 25 1/2; Page 46 of 96 BUSINESS PARKler PEARLAND, TEXAS THENCE North 02 degrees 18 minutes 59 seconds West, with said west right- of-way lme of Karalis Road, a distance 1303.17 feet to a 5/8 inch iron rod set for the southeast corner of said Almeda Cemetery Association 1.86 acre tract; THENCE South 87 degrees 30 minutes 45 seconds West with south line of said cemetery 1.86 acre tract, a distance 275.0 feet to a 5/8 inc iron rod set for the southwest corner of same, THENCE North 02 degrees 18 minutes 59 seconds West with west line of said cemetery 1.86 acre tract, a distance of 295.00 feet to a 5/8 inch iron rod set for the northwest corner of same being also on the south lme of said 6.7722 acre right-of- way conveyed to Harris County on 10-14-59 and the east corner of said 1.23 acre tract and also being the beginning of a curve to the left; THENCE in a Westerly direction along said curve to the left having a radius of 2269.83 feet and arc of 183.22 feet to a 5/8 inch iron rod set for the point of tangency; THENCE South 82 degrees 53 minutes 15 seconds West continuing with said right-of-way, a distance of 304.68 feet to a 5/8 inch iron rod set for the beginning of a curve to the right; THENCE in a Westerly direction along said curve to the right having a radius of 2313.83 feet and arc a distance of 182.36 feet to the end of said curve; THENCE South 87 degrees 24 minutes 11 seconds West, continuing with said right-of-way 191.89 feet to a highway Disk found for an angle point; THENCE South 81 degrees 32 minutes 46 seconds West, continuing with said right-of-way, 34.69 feet to a highway Disk found for an angle point; THENCE South 42 degrees 24 minutes 11 seconds West, continuing with said right-of-way, 78.38 feet to a highway Disk found for an angle point; THENCE South 03 degrees 15 minutes 36 seconds West, 34.60 feet to a highway Disk found for an angle point; THENCE South 02 degrees 35 minutes 49 seconds East, a distance of 226.53 feet to a highway found for corner; THENCE South 87 degrees 24 minutes 11 seconds West, a distance of 52.44 feet to a 5/8 inch iron rod set for corner in the east bright -of way lme of Anagnost Road (40 feet wide); Page 47 of 90 • BUSINESS PARK TEXAS PEARLAND, THENCE South 02 degrees 18 minutes 59 seconds East, along said right-of-way line of Anagnost Road 1234.21 feet to the point of beginning and containing 44.00 acres (1,916,935 square feet) of land. • Page 48 of 90 BUSINESS PARK TEXAS Exhibit `B' Land Use District Map • • • PEARLAND, DISTRICT A: The Beltway 8 District: District "A" is intended for non- residential development that typically desires high visibility from major thoroughfares. Retail and office uses are preferred in this district and include shops and restaurants (as stand alone uses or uses associated with a dominant use such as office), which attract pedestrian activities and enhance the desirability of the Planned Unit Development. In addition, Science/ Technology land uses (and associated functions including manufacture, warehouse, and distribution) are also preferred. Development in district 'A" should respect natural features such as creeks and drainage ways by integrating such features into the overall design. DISTRICT B• The Mixed Use Science/ Technology District. District ` B' is intended to be a broader base Science/ Technology community within the Planned Unit Development. However, a wide variety of' land uses are permitted and intended to allow for optimum market feasibility. Such land uses include manufacturing, warehouse, and distribution developed in compliance with uniform landscape design, screening design, and building quality standards that will promote an overall visual continuity and perpetuate the influence of natural features. Development should also respect natural features such as creeks and drainage ways by integrating such features into the overall design of the site (s). Accommodating pedestrian movement is also important to this district due to its central location within the overall Spectrum District. DISTRICT C: The Mixed Use Industrial District: District "C" is intended for transition from, and support of, the Science/ Technology community envisioned for District "B". Therefore District "C" has two purposes: o Make appropriate transition between the above -described Science/ Technology land uses and the heavy/ light industrial uses to the west of Kirby Drive with industrial and/ or distribution and/ or office uses that provide transition. o Provide industrial and/ or distribution and/ or office land uses that support and reinforce the Science/ Technology uses where such support uses have a forward or backward linkage to the Science/ Technology District "B". Therefore, District "C" peinnuts industrial and/ or distribution/ warehouse and/ or office uses, which generally accomplish one or both of the above -stated purposes. Page 49 of 90 DISTRICT "A" THE BELTWAY DISTRICT DISTRICT "B" THE MIXEDUSE TECHNOLOGY DISTRICT DISTRICT "c" THE MIXEDUSE INDUSTRIAL DISTRICT PROPOSED ROADS sTdRIE BUSINESS PARK TEXAS Exhibit `C' Permitted Uses Defmitions See Appendix # 10 • PEARLAND, Page 51 of 90 i.� BUSINESS PARK TEXAS APPROVED USES (Exhibit 'C') PEARLAND, LEGEND Symbol Definition Y Use by right ** N (or blank) Prohibited use X Allowed within right (Y) a or by structure -tenant right permitted in retail/commercial all housing in districts district a when dominate A when contained project. use part by of a multi S Permitted by Special Use Permit only • All zones / district letter refer to "Exhibit B" ZONES / Utilityand Service * DISTRICTS Uses** q B C Utility installation other than listed S S S listed Governmental installation other than Y Local utilities Y Y Y Electrical substation S S S Electrical energy generating plant S S S Radio, television or microwave tower S S S Commercial transmitting station radio or television S S S Sewage pumping station Y Y Sewage treatment plant Telephone exchange, switching and Y Y Y transmitting equipment Water station reservoir, well or pumping S S S Water treatment plant S Lift Station Y Y Y • Page 52 of 90 BUSINESS PARK TEXAS Transportation Use DISTRICTS ZONES/ * A B C terminal Public Passenger bus station and Y Bus passenger shelter Y Y Y Heliport S S Helistop S S but yards Railway/Light not including Rail railroad passenger and storage station, Y Y Y Medical Uses • DISTRICTS* ZONES / A B C Hospital Y Y Y narcotic Establishment or for care patients of alcoholic, Y Y psychiatric related Convalescent institutions and nursing homes and Y Y center Medical clinic or ambulatory surgical X Y Y Medical or scientific laboratory Y Y Y Optical Shop X X Medical appliance fitting and sales X X Ambulance service X Y Y Educational Uses DISTRICTS ZONES/ * A B C S S S Public or private school Institution for special S S S education Business school S Y Y school S Y Y Technical College, university, or seminary Y Y Library, art gallery, or museum X Y S PEARLAND, • Page 53 of 96 BUSINESS PARK TEXAS lar Recreation and ZONES/ DISTRICTS * Entertainment Uses A B C Public park or playground Y Y Y Game Y Y Y court center Private Y Y Y recreation club or area Public golf course Y Y Country club with private membership Y Y Inside commercial amusement X S S Carnival or Circus (Temporary) ZONES / DISTRICTS * Bar and Restaurant Uses A B C S Bar / Lounge / or Tavern (excluding Sexually Oriented Businesses) Restaurant with alcoholic beverages Y X and/ or entertainment (dine -in only) Restaurant without alcoholic Y X beverages only) and/ or entertainment (dine -in Drive -up / Drive through restaurant Y X Restaurant without drive - in service Y X Private club XIS X/S Catering/ Convenience food services Y X X • • PEARLAND, • • Page 54 of 90 BUSINESS PARK TEXAS lar ZONES / Professional, Personal DISTRICTS * Service and Custom A B C Craft Uses Office Y Y Y S S S Temporary construction or sales office Bank or savings and loan office Y X X (without drive-in window) Y Bank or savings and loan office (with drive-in window) trade Trade shows, center and/ (a facility or conventions) for exhibition, Y Y Y Barber and beauty shop X X X S S S Mortuary or funeral home Health studio Y Y X Custom X X Y cleaning shop X X X Self service laundry or dry cleaning Commercial laundry or dry cleaning Y receiving Laundry station or cleaning pick-up and X X Y S Y for Commercial Laboratory Cleaning and industrial support uses services Key shop X X Y Shoe repair X X Y Tailor, custom sewing and millinery X X Y Travel bureau X X X Broadcasting X X X or recording studio Instructional arts studio X Handcrafted artwork studio X X Handcraft bookbinding Photography studio X Safe deposit boxes X X X X Commercial mailboxes • PEARLAND, Page 55 of 90 BUSINESS PARK TEXAS Retail Uses DISTRICTS ZONES/ * A B C Retail Stores other than listed S Antique shop X Art galleries (commercial) X Retail food store Y X X Bakery or confectionary shop X Book and stationery store X Camera shop X Cigar, tobacco and candy store X Clothing and Accessories store X Drugstore (under 20,000 s.f.) X X X Drugstore (over 20,000 s.f.) Y Florist store X X X Pet shop and/ or Pet Accessories X Furniture store Y (under Hardware 20,000 or sporting s.f.) goods store X 20,000 Hardware s.f.) or sporting goods store (over Y 20,000 Home s.f.) (under X improvement center 20,000 Home improvement s.f.) (over Y center Hobby and art supplies store X Paint and wallpaper store X Swimming pool sales and supply X S Y department Department stores) Store (including discount Y X S Store X Toy Coffee Merchant Y X X Electronic Store (under 20,000 s.f.) X Design Center (under 20,000 s.f.) X Electronic Store (over 20,000 s.f) Y Design Center (over 20,000 s.f.) Y Eyewear and/ or Medical Supplies X X X Gift and/ or card Store X X X Jewelry and/ or Accessories X Products, Salon, Cosmetics other Barbershop, and/ Personal or Personal Hair Salon, Grooming Care Nail Store X or Shoes, and/ or Purses, and/ or Leather X PEARLAND, Page 56 of 90 BUSINESS PARK TEXAS ler Goods Store game Music, Store and/ or Video, and/ or electronic X Mobile Phone Store X X X 20,000 Home s.f.) Entertainment Store (under X X X 000 Home s.f.) Entertainment Store (over 20, Y Candy and/ or Specialty Food Store X X X and/ Postal or Personal Center and/ Service or Copy Center X X X Dance Studio X X X Computer Store and/ or Service Center X Candles, Accessories and/ or lighting and/ or X Home r Auto Electronics and/ or Accessories X Motor Vehicle Related Uses DISTRICTS DI ZONES * A B C Auto parts sales (inside only) X Car wash S X X Service station S S S Commercial parking lot or garage S S S Commercial Uses DISTRICTS ZONES / * A B C Appliance fix -it shop X Custom or upholstery furniture shop construction, repair, X Tool and equipment X X X (inside) rental blueprinting Job printing, plant lithographer, printing or X X Y Duplication shop X X X Custom print shop X X Y greenhouse Garden shop, (under plant 20,000 sales, or s.f.) X X greenhouse Garden shop, (over plant 20,000 sales, s.f.) or Y X Y PEARLAND, Page 57 of 90 BUSINESS PARK TEXAS 9117 Industrial, and Manufacturing WarehouseDISTRICTS Uses SORES I * A B C plan concrete or asphalt S S S batching Temporary Distribution Facility S Y Y and Manufacturing, Assembly - Light Fabrication, Processing S Y Y and Manufacturing, Assembly - Other Fabrication, • Processing S Y Laboratory Research S Y Y Petro Chemical Manufacturing laboratory S Y Y Accessory Uses DISTRICTS ZONES/ * A B C Game Court (private use only) X X X Swimming Pool (private use only) X X X Christmas tree sales (temporary) X X X Private streets or alleys Y Y Y Farmers market (temporary) S S S Agricultural Y Y Y Street fairs (temporary) S S S Page 58 of 90 BUSINESS PARK TEXAS ATTACHMENTS; 411711r PEARLAND, 1. MATERIALS COLOR CHARTS (2 PAGES) 2. TYPICAL GRADING SECTIONS (2 PAGES) 3. KIRBY DRIVE PLAN/ SECTION 4. SPECTRUM DRIVE PLAN/ SECTION 5. TYPICAL STREETS (ALL OTHER) PLAN/SECTION • 6. SITE DEVELOPMENT STANDARDS (2 PAGES) 7. APPROVED LANDSCAPE CHART (3 PAGES) 8. SIGNAGE STANDARDS (3 PAGES) 9. AMENITIES/ HARDSCAPE CHART (2 PAGES) 10. USE DEFINITIONS Page 59 of 90 BUSINESS PARK TEXAS 1. MATERIALS COLOR CHARTS PEARLAND, Concrete/Stucco Color Chart Masonry Color Chart 560 20YY 68/102 664 30YY 72/097 547 20YY 51/178 215 50YR31/297 560 20YY 68/102 664 30W 72/097 547 20YY 51/178 Russian While Raw Twine Classic Now Ancient Copper Russian White Row Twine Classic Ivory 490 10YY 67/213 665 30YY 74/121 540 20Y( 51/306 209 50YR 21/318 Kiva Glow Crewelwork Butterfield 476 10YY 53/337 556 20YY 64/171 2009 40YY 75/084 Golden Wheat Dakota Land Sea Pearl Clay Pot 26B 60YR25/349 Emberglow 475 10YY 49/378 549 20YY 59/20: 267 60YR 21 /379 475 10YY 49/378 549 20YY 59/205 Honeysweet Golden Champoe Colorado Rust Honeysweet Golden Champagne 490 10YY 67/213 665 30YY 74/121 540 20YY 51/306 Kiva Glow Crewelwork Butterfield 476 10YY 53/337 556 20YY 64/171 2009 40YY 75/084 Golden Wheat Dakoto Land Seo Peorl 561 20YY 69/120 653 30YY 67/081 325 80YR 26/323 Desert Floor European White 563 20YY 70/138 2002 26YY 71/04 Amish Linen Bone White-RM 484 10YY 60/224 658 30YY 70/12f Abbey Cream Antique Linen 424 00YY 43/304 554 20YY 63/14f Corsican Treasure Brazil Nut Autumn Blush 366 90YR 26/250 Ocher Tan 417 00YY 31/407 Sun Valley 554 20YY 63/149 Brazil Nut 561 20YY 69/120 653 30YY 67/084 424 00YY 43/304 Desert floor European White Corsican Treasure 563 20YY 70/138 2002 26YY 71/098 Amish Linen Bone While-RM 484 10YY 60/224 658 30YY 70/120 Abbey Cream Antique Linen These colon are from the ICI Mosier Palette Color System. Brick colors, atone colors, concrete colon, and roof colors ore to be motched to these colors on the ICI color chart (the chart reproduced here vary somewhat from the orginal chart(. Procure a copy of the odors! ICI color for exact matching. Page 60 of 90 ( Tobacco Rood 354 90YR 10/244 Timber Trail 515 20YY 26/117 BUSINESS PARK TEXAS MATERIALS COLOR CHARTS (PAGE 2) Roofing/Metal Finishes Color Chart • 319 80YR 13/227 945 1OGY 21/119 Minnesota Pines 1035 50GY 24/110 Privet Hedge 408 00YY 19/068 American Eagle Great Smokie Mt. 456 10YY 18/074 686 40YY 29/068 Fauna 458 10YY 23/184 Canvasback 508 20YY15/152 Cavalry Brown 587 30YY 21/129 Boulder Ashton Grey 685 40YY 25/074 Gray Mountain 684 40YY 20/081 Plateau Grey 682 40YY 13/094 Bronze These colors are from the ICI Master Palette Color System. Brick colors, colors, concrete colon, and roof colors are to be matched to these colors on the ICI color chart (the charts reproduced here vary somewhat from the orginal charts). Procure a copy of the actual ICI color for exact matching. PEARLAND, BUSINESS PARK TEXAS 2. TYPICAL GRADING SECTIONS PAGE 1 w Q„ N lm MAXIMUM SLOPE TO BE 5.1 SLOPE TO ENSURE POSITIVE DRAINAGE AWAY FROM WALL RETAINING WALLS MAY BE LOCATED AT OUTER EDGE OF .SETBACK PEARLAND, SLOPE @ 2% TO ADJACENT ROADWAYS SIDEWALKS/TRAILS TO NOT EXCEED 2% CROSS SLOPE LANDSCAPE SETBACK BERMING (W/ RETAINI.NG WALLS) RETAINING WALLS MAY BE LOCATED AT OUTER EDGE OF SETBACK 1 ALL ROADS • SLOPE @ 2% TO ADJACENT ROADWAYS SIDEWALKS/TRAILS'TO NOT EXCEED 2% CROSS SLOPE LANDSCAPE SETBACK BERMING (W/ RETAINI.NG WALLS) Page 62 of 90 ALL ROADS BUSINESS PARK TEXAS 2. TYPICAL GRADING SECTIONS (cont.) PAGE 2 1" MAXIMUM SLOPES SHALL BE 5:1 rribt LANDSCAPE SETBACK BERMING (NO RETAINING WALLS) PEARLAND, SLOPE @2%TO ADJACENT ROADWAYS SIDEWALKS/TRAILS TO NOT EXCEED 2% CROSS SLOPE ALL ROADS MEDIAN BERMING • ALL ROADS MEDIAN TO SLOPE @ 2% FROM CENTER TO ADJACENT ROADWAYS ALL ROADS Page 63 of 90 BUSINESS PARK TEXAS 3. KIRBY DRIVE STREET SECTION 6' SIDEWALK 5' UTILITY - EASEMENT CANOPY TREES DOUBLE ROW ALTERNATING AT 30' O.C. MIN, GRID 5' OFF SETBACK, AND ESMT. 30 'LANDSCAPE' EASEMENT 25' BLDG. SETBACK 1 BLDG. SET 0 1 0 N g. 0 BLDG, SETBACK n -0!" 5 -0" s cd 0.f 5-0' U.E. 30'-0" LANDSCAPE ESMT, 4, KIRBY ROAD er MEDIAN 120'-0" R.O.W. 18S -0" TOTAL PARKWAY 5'-0" U.E. LANDSCAPE ESMT. PEARLAND, x i 25'-0" BLDG. SETBACK. 'CANOPY TREES 30' O .C. @ CENTERLINE O F MEDIAN ----STREETLIGHTS @ 210' 0. C. —RECEPTACLE BOX / Page 64 of 90 BUSINESS PARK 1'LXAS iMP 4. SPECTRUM DRIVE STREET SECTION 5' UTILITY EASEMENT DRIFTS OF TREES — EVERY 100' 6' SIDEWALK----. 20 'LANDSCAPE---� EASEMENT 25' BLDG. SETBACK • 0, 2a -0" BLDG. SETBACK 41 5'-0" U.E. 5'-0'-1 U.E. 20.-0" ANDSCAP ESMT, EDIAN,k 100'-0" R.O.W. 144.-0" TOTAL PARKWAY 0 5'-0" U.E. ANDSCAPE ESMT. SPECTRUM DRIVE Ite 25'-0' BLDG. SETBACK PEARLAND, a -J CO tt) CANOPY TREES 30' O.C. 0 CENTERLINE OF MEDIAN -STREETLIGHTS © 210' 0.C. JUNCTION BOX Page 65 of 90 BUSINESS PARK TEXAS PEARLAND, 5. TYPICAL STREET SECTION (ALL OTHER STREETS) 5' UTILITY --- EASEMENT DRIFTS OF TREES — EVERY 100' 6' SIDEWALK—__ 25' LANDSCAPE------, EASEMENT ?5 BLDG SE 25' BLDG. SETBACK---'- 25'-0" BLDG. SETBACK a 9 5'-0" U.E. r i 0 5'-0n �t� U.E. 0 c . J '-LIGHTPOLE © 400'-O"O.C. (STAGGERED BOTH SIDES J OF STREET) 25'-0" LANDSCAPE LANDSCAPE ESMT. a0'-0" R.O.W. ESMT, 127'--0" TOTAL PARKWAY TYPICAL STREETSCAPE 25'-0" BLDG. SETBACK Page 66 of 90 BUSINESS PARK TEXAS wir PEARLAND, 6. SITE DEVELOPMENT STANDARDS (2 PAGES) • Page 67 of 90 m 125'-O" RA.YJ. u 0 O BUSINESS PARK TEXAS PEARLAND, THE LANDSCAPE REQUIREMENTS FOR OFFICE USE IN SPECTRUM DISTRICT (NOT TO SCALE) CALCULATION AREA (30'-O' LANDSCAPE EASEMENT SETBACK III'111111Illi 10 % OF FRONTA°E FO PARKIN° SCREEN 00' MAX Page 68 of 90 PIGAL PARKINS LOT LANDSCAPE AREAL OFFICE 12 5.P. / PARKINS SPACE RETAIL b SF. / PARKINS SPACE WAREHOU5E/INDUSTRIAL 25 S.F. / PARKINS SPACE REQUIRED PARKINS LOT LANDSCAPE AREA IN CALCULATIGN AREA = 5004 S.F. • PARKINS LOT AREA SHOWN 6400. REQUIRED PARKINS LOT TREES IN CALCULATION AREA a SO PARKINS LOT TREES SHOWN a 50 PARKINS IN CALCULATION AREA ■ 417 SPACES PARKINS LOT SCREEN WITH EVERGREEN PLANTING IN DRIFTS ALONG 10 % OF FRONTAGE .t CANOPY TREES PER 100 L.F. OF STREET R.O.11 FRONTAGE EVERGREEN TREE PER IOO L.F. OF STREET R.O.W PRONTASE ORNAMENTAL TREE PER 100 L F OF STREET R.O.W FRONTAGE 1 �j BUSINESS PARK TEXAS 125'-0" yw.114. 55'-0" (MEDIAL. O 0 a v 0 -1 b PEARLAND, THE LANDSCAPE REQUIREMENTS FOR WAREHOUSE INDUSTRIAL CASE IN SPECTRUM DISTRICT (NOT TO SCALE) GALCOI ATION ARE.1 0 0 0' 00. 267p00 S.P. 260 EPAGC9 1 ��--, a ui � � '��III IIIIIIIIIIII''�~~_� aQT0°01° Os0Oroo_ OoTaea a0 O a 0 0 tl1I043 a ro S7ora1a oon 11 290MAX 5. SPECTRUM DRIVE • 'TYPICAL PARKING LOT LANA5GAPE AREA. OPPIGE 12 SP. / PARKIN» SPADE RETAIL P SP. / PARKINS ePAGe WARPHOUSCANDU3TRIAL 23 9r. / PARKINS SPADE REQUIRED PARKINS LOT LANDSCAPE ARIA IN CALCULATION AREA a 6120 9P. PARKING LOT AREA SHOWN MOO 9r. REGUIREP PARKINS LOT TREWS IN CALCULATION AREA a es PARKINS LOT TREED SHOWN a E4 PARKIN» LOT SCREEN WITH EVERESREEN PLANTIN» IN PRIMO ALMS 70 % OIL PROM "Se • Page 69 of 90 BUSINESS PARK TEXAS 7. APPROVED LANDSCAPE CHART Approved Plant List for Attached Planned Development District Common eNa Lar anop otanacal? es' (min: Drummond Red Maple m :1nstallat1 Acer Rubrum drummondii October Glory Maple Acer rubrum 'October Glory' Caddo Maple Acer saccharum 'Caddo' River Birch Betula Nigra Pecan Carya illinoinensis Sweet Gum Liquidambar styraciflua Magnolia Magnolia grandiflora Black Gum N yssa sylvatica Chinese Pistachio Pistacia chinensis White Oak Quercus Alba Bur Oak Quercus macrocarpa Swamp Chestnut Oak Quercus michauxii Pin Oak Q uercus palustns Willow Oak Quercus Phellos Live Oak Quercus virginiana Bald Cypress Taxodium distichum Cedar Elm U lmus crassifolia Lacebark Elm Redbud U lmus parvifolia sepervirens Cercis Canadensis Fringe Tree Chionathus virginica Flowering Dogwood Cornus Florida Titi Cyrilla racemiflora Possumhaw Ilex decidua Crape Myrtle Lagerstroemia sp. Wax Myrtle Myrica cerifera Mexican Plum Prunus meYicana Mexican Buckeye Ungnadia speciosa Vitex Vitex agenus-castus PEARLAND, Page 70 of 90 BUSINESS PARK TEXAS i Comrnom Narne jBotanicat:Natne Evergreen Trees-(m r rtttnum 6' 1flSta1iattan,height} Japanese Bluebery Tree Eleocarpus decipiens Yaupon Holly Ilex vomitoria Nellie R. Stevens Holly Ilex X 'Nellie R. Stevens' Foster Holly Ilex X 'Foster' attenuata Eastern Red Cedar Juniperus virginiana Magnolia grandiflora 'Little Gen' Little Gem Magnolia Wax Myrtle Mynca cerifera Red Bay Persea barbonia Indian Cherry Rhamnus caroliniana Mexican Fan Palm Washingtonia robusta EhrU S S (min tjnum g gain 24" o lnstatiation) Abelia Abelia grandiflora American Beautyberry Callicarpa amencana Eleagnus 'Ebbenji' Elaeagnus macrophylla Coral Bean Erythrina herbacea Forsythia Forsythia intermedia Red Yucca Hesperaloe parviflora Oakleaf Hydrangea Hydrangea quercifolia Holly var. Ilex spp. 'nana' Dwf. Yaupon Ilex vomitoria Virginia Sweetspire 'tea virginica Juniper Juniperus var var. Manzanita Malphigia glabra Miscanthus Miscanthus spp. Muhlenbergia Muhlenbergia spp. Dwarf Wax Myrtle Mynca cerifera Nandina Nandina domestica Switchgrass Panicum virgatum Needle Palm Rhapidophyllum hystrix Indian Hawthorn Rhapiolepis indica Aromatic Sumac Rhus aromatica Sumac Rhus glabra Dwarf Palmetto Sabal minor Spirea var. Spirea Anthony Waterer Spirea Spirea X Bumalda 'Anthony Waterer' Viburnum Viburnum spp. nT'.�s'y,.✓�."-,- 1" �."3�a ;.F ,:.5 e 7. ," ` .fit 8 Page 71 of 90 BUSINESS PARK TEXAS Groundcover'(iminim Ardisia Ardisia japonica Ir #nstailato Inland Sea Oats Chasmanthum Iatifolium Winter Creeper Euonymous fortunei Coloratus' Spider Lilly Hymenocallis sp. Trailing Lantana Lantana sellowiana Agapanthus Africanus Lily of the Nile Linope var Liriope spp. Ophiopogon Ophiopogon japonicus Southern Woodfern Thelyptens kunthii Asian Jasmine Trachelospermum asiaticum PEARLAND, Page 72 of 90 BUSINESS PARK TEXAS 8. SIGNAGE STANDARDS Detached Premise Sign Retail Area 110 t Or- N BELT ,. • 8 NTER meI BED BATH & BEYOND► KOHLS Detached Project Sign Retail Area cto How PEARLAND, 1 1 ;Lao # -4 its 1 ID iaeniirymg urouna Level Signs (Non -Retail) • Zr 4. 1 00 dpaepOe0 se WO0rilo P ° a Tith Site Directional and Information Sign A, t Page 73 of 96 BUSINESS PARK TEXAS ler 9. AMENITIES/ HARDSCAPE CHART PEARLAND, Element Description Street Lights Luminaire design watt Luminiare Area high Lighting (ring pressure 150HP-BLK-COP- shall color (972-484 be from 7901). white), Universe bulb. (provide Fixture Fixture Fixture Collection shall shall should (medium be be black fitted be arm specified scale) with pole copper cut as as off model supplied follows: reflector hood numbers). and UCM-SR-STR-H5- by system luminous Architectural and ring 150 with and to sodium be mounting Pole Bracket and Mounting (972-484 luminaire/mount Poles a shall 7901). be luminaire/mount model design, Poles (single) no. for except DB12 the design. and PUD for (4" SLA those round shall be lights (double). shaft) mounting a height as located provided All arms of poles 18'-0'. in by Architectural All be be black. poles model shall numbers poles Area be of shall Lighting a SLA single be 4 of double These medians. shall to Pole 4-2 Wall Banner Mounts Arms and Architectural luminaires. series specified SBE Wall mounted wall may as Area mount be Fixtures follows: used fixtures Lighting per as shall UCS-LUM-STR-70HPS-BLK-COP-WCV shall Architectural well. (972-484 incorporate be from 7901) Universe Area arms a 70 with Lighting. may watt Area identical Collection be high Lighting. attched Wall pressure characteristics mounts (small to light sodium Wall scale) and poles as of the bulb as provided provided pole with PMS shall by be by mounted a WCV and/or Banner Architectural luminaires mounts w ble Uplights . Uplights shall may not achieve be be shall black minimally desired be with from used High effect 703 for series Pressure signage or as is not Sodium and practical. provided wall Bulbs. accent Minimum by Greenlee Glare lighting shields wattages Lighting when must should (972-466-1133). downlighting be provided. be used solution Uplights at all Finish does times, Moonlights Moonlighting shields -mounted shall must shall be be J-Boxes black provided be BAM with shall or High Tree BAS be trees -mount series Pressure provided (approximately J-Boxes as Sodium ROW provided should at Bulbs a 120'-0") by rate Greenlee with be of minimum provided one J-Box Lighting for wattages. all every (972-466-1133). trees Glare mounted. five rows of 11) 1-4 a) ra co tn "p G ro J Finish Tree Well Lights Well Finish Well solution lights lights shall does may shall be not black be be achieve minimally from with RDB High desired used series Pressure for effect as signage used provided Sodium or at is all Bulbs. practical. by wall Greenlee accent Glare Minimum Lighting shields lighting (972-466-1133). must when wattages should provided. be be downlighting and not times. d Stone Columns Stone those should columns found also within compliment shall be constructed surrounding architectural architecture. with technologies stone. native Texas Colors, Mortar stone ranging and use joints with from should geometries creams reflect complimenting to colors deep tans, and Stone Walls Stone those should walls found also shall compliment within be constructed surrounding architectural architecture. with technologies native stone. Texas stone ranging and use with joints geometries from should creams reflect complimenting to colors deep tans, and two e wit co Colors, Mortar Cast Stone columns. Cast stone shall Cast stone be should allowed found be of as within accent decorative surrounding material nature or cap in geometry, architecture. material within with colors stonewalls matching and those Page 74 of 90 BUSINESS PARK TEXAS Concrete Sidewalk lar PEARLAND, Concrete sidewalk to be constructed per City of Pearland Standards Brick Paving Brick paving shall be Mark Series provided by Pavestone, Inc. (1-800-245-7283). Refer to the brick paving information included within introductory paragraphs of streetscape chapter. Element Description Site Furnishings Benches aluminum Benches Landscape shall (no Forms wood be Plainwell (1 slatting), 800-430-6209). Bench without with center grotto Benches arm 96". powdercoat should brackets. be finish constructed Bench as manufactured lengths completely may be 72" by of or Litter Receptacles Litter manufactured receptacles by constructed shall Landscape be Plainwell completely Forms Litter (1-800-430-6209). of Receptacle aluminum (no with grotto Litter wood receptacles slatting). powdercoat should finish as be Tree Grates Canterbury Tree grates inscriptions, International shall which be Quest (1-800-935-7111). should (6' Y indicate 6' square) Quest City of with Pearland Black series Cast tree and Iron grate the city finish provides founding as supplied opportunity date. by for Bike Racks Bike Forms Racks (1-800-430-6209). three, shall be series minimum Bike with racks of grotto should 36" between powder be coat installed racks finish in for as a minimum pedestrian supplied cluster circulation. by Landscape or series of PI a allowing Planters Planters (1 800-430-6209) system. shall be Rosa series with shall be provided grotto have polythene drain in hole ranging color and as incorporate from provided 24" thru automatic by 42" Landscape diameter. irrigation Forms Planters may sizes Planters Tables Tables Forms (1-800-430-6209) shall be Catena should series Tables be with specified shall grotto be with powdercoat 30" or thru without 42" finish diameter umbrella as supplied opening. with Catena by Landscape support. Tables Umbrellas Umbrellas Umbrellas shall shall be be any EquinoY patterns of the series available to be approved as supplied colors by provided by the Landscape City by of Landscape Pearland Forms (1 Forms, 800-430-6209). custom with Page 75 of 90 BUSINESS PARK TEXAS Chairs PEARLAND, Chairs shall be Catena series with grotto powdercoat finish as manufactured by Landscape Forms (1-800-430-6209) Page 76 of 90 BUSINESS PARK TEXAS 10. LAND USE DEFINITIONS UTILITY AND SERVICES USES PEARLAND, 1) Utility or government installation, other than listed. (A) Definition: (i) A utility not elsewhere listed is a use by a public or private utility facility franchised or operated by the city such as closed circuit television or steam distribution or any other utility not specifically covered by the use regulations in this chapter. (ii) A government installation, not elsewhere listed is an installation owned or leased by a governmental agency such as a local transit station, local transit terminal, fire station, police station, court house, elevated water storage reservoir, or any other government facility not specifically covered by the use regulations in this chapter. 2) Local Utilities. (A) Definition: electric power, telephone, gas water, and sewer drainage lines, air pollution monitoring stations, inline facilities such as gas regulating stations and water pumping stations or by a franchised utility company. 3) Electrical Substations: (A) Definition: a facility for transforming electricity for distribution to individual customers. Electrical Energy Generating Plant. (A) Definition: a facility franchised by the city that generates electricity from mechanical power produced by gas, coal or nuclear fission. 5) Radio or Television Transmitting Station (A) Definition: a facility for transmitting or commercial programming by radio or television within the commercial band of the electromagnetic spectrum. 6) Radio, Television or Microwave Tower (A) Definition: a tower of appropriate height (as determined by City Staff) for transmission of the commercial band of the electromagnetic spectrum. 7) Sewage Pumping Station. (A) Definition: a facility for pumping sewage 8) Sewage Treatment Plant. (A) Defmition: a facility for receiving and treating sewage from the city sanitary sewer system. 9) Telephone exchange, switching and transmitting equipment. (A) Definition: non attended telephone switching or transmitting service 10) Water reservoir, well or pumpmg station. (A) Defmition: Page 77 of 90 • BUSINESS PARK TEXAS PEARLAND, (i) A water reservoir is a facility for the ground storage and transmission of water for use by the city water system. (ii) A well is a facility for the ground storage and transmission of water. (iii) A pumping station is a facility for transporting water, including pumps, piping, valves and controls. 11) Water treatment plant. (A) Definition: a facility for purifying, supplying, and distributing city water, including a system of reservoirs channels, mains and purifying equipment. 12) Lift Station (A) Definition: a facility for the pumping of water or sewage. TRANSPORTATION USES 1) Public Passenger Bus station or Landing Port. (A) Definition: a facility for passenger bus docking, passenger loading, and unloading. 2) Bus Passenger Shelter. (A) Definition: a structure, which affords protection from the weather to persons who are waiting to board a publicly owned or franchised bus. 3) Heliport. (A) Definition: a facility for the regularly scheduled landing of rotary wing aircraft 4) Helistop. (A) Defmition: a landing pad for the occasional and infrequent use by rotary wing aircraft. 5) Railway passenger station, but not including railroad and storage yards. (A) Definition: a facility for the loading and discharging or trail passengers. • MEDICAL USES 1) Hospital (A) Definition: an institution licensed by the stateas a hospital where sick or injured patients are given medical treatment. 2) Establishment for the care of alcoholic, narcotic, or psychiatric patients. (A) Defmition: an establishment offering resident or outpatient treatment to alcoholic, narcotic, or psychiatric patients 3) Convalescent and nursing homes and related institutions. (A) Definition: (i) This use includes both: (aa) An establishment which furnishes (in single or multiple facilities) food and shelter to five or more persons who are not related by blood, marriage, or adoption to the owner or proprietor Page 78 of 90 BUSINESS PARK TEXAS PEARLAND, of the establishment and, in addition, provides minor treatment under the direction and supervision or a physician, or services which meet some need beyond the basic provision of food, shelter, and laundry; and (bb) An establishment conducted by or for the adherence of any well -recognized church or religious denomination for the purpose of providing facilities for the care or treatment of the sick who depend exclusively upon prayer or spiritual means for healing, without the use of any drug or material remedy, provided safety, sanitary and quarantine laws and regulations are complied with. 4) Medical Clinic or ambulatory surgical center. (A) Definition: a facility for examining, consulting with, and treating patients with medical, dental, or optical problems on an out -patient bases 5) Medical or scientific laboratory. (A) Definition: a facility for testing and analyzing medical or scientific problems. 6) Optical shop. (A) Definition: a facility providing optical items for the correction of vision. 7) Medical appliance fitting and sales. (A) Definition: a facility specializing in the retail sale or rental or special purpose devices related to medical treatment. 8) Ambulance service. (A) Definition: a commercial facility for the housing, maintenance, and dispatch of vehicles designed to transport sick or injured persons to medical facilities. EDUCATIONAL USES 1) Public or Private School (A) Public School means a public school as defined by state law that has a curriculum for kindergarten, elementary, or secondary education (B) Private School means a school that a child may attend and thereby be exempt from state law requirements of compulsory attendance at a public school and that exists apart from the child's home 2) Institution for special education (A) An establishment which furnishes (in single or multiple facilities) food and shelter to five or more persons who are not related by blood, marriage, or adoption to the owner or proprietor of the establishment and, in addition, provides minor treatment under the direction and Page 79 of 96 2 BUSINESS PARK TEXAS PEARLAND, supervision of a physician or services which meet some need beyond the basic provision of food, shelter, and laundry. 3) Business school. (A) Defmition: a business enterprise offering instruction and training in a service or the arts such as secretarial, barber, commercial artist, computer software, and similar training. 4) Technical school. (A) Definition: a business enterprise offering instruction and training in a trade such as welding, bricklaying, machinery operations, and other similar trades or crafts. 5) College, university or seminary. (A) Defmition: (i) A college or university is an accredited academic institution of higher learning beyond the level of secondary school. (ii) A seminary is an institution for the training of candidates for the priesthood, ministry, or rabbinate. 6) Library, art gallery, or museum. (A) Definition: an establishment for the loan or display of book or objects of art or science. • RECREATION AND ENTERTAINMENT USES 1) Public park or playground. (A) Definition: a recreational facility or park including stadiums, field houses, and accessory uses owned or operated by a public agency and available to the general public 2) Game court center. (A) Definition: a facility that contains a court for engaging in tennis, handball, racquetball, or similar physical activities. 3) Private recreational club or area. (A) Definition: an area providing private recreational facilities such as playgrounds, parks, swimming pools, and playing fields. 4) Pubhc golf course. (A) Definition: a golf course open to the public. 5) Country club with private membership. (A) Definition: a private recreational club containing a golf course and a clubhouse that is available only to the country club membership and their guests. 6) Inside commercial amusement. (A) Definition: a facility that offers entertainment or games of skill to the general public for a fee and that is wholly enclosed in a building, mcluding but not limited to a bowling alley or billiard parlor 7) Outside commercial amusement. (A) Definition a facility offering entertainment or games of skill to the general public for a fee where any portion of the activity takes place Page 80 of 90 BUSINESS PARK TEXAS miry PEARLAND, outside, including, but not limited to a golf driving range archery range or miniature golf course. 8) Carnival or circus (temporary). (A) Definition: a temporary traveling show or exhibition that has no permanent structure or installation. BAR AND RESTAURANT USES 1) Bar/ Lounge/ or Tavern — (A) An establishment principally for the sale and consumption of alcoholic beverages on the premises that derives 75 percent or more of its gross revenue on an annual basis from the sale or service of alcoholic beverages, as defined in the Texas Alcoholic Beverage Code, for on - premise consumption 2) Restaurant with alcohohc beverages and or entertainment (A) Definition: an establishment for the primary sale and service of food to customers on the premise and may serve alcoholic beverages for on - premise consumption. 3) Restaurant without alcoholic beverages and or entertainment (A) Definition: an establishment for the primary sale and service of food to customers on the premise. 4) Drive — up/ Drive thru restaurant. (A) Definition: an establishment offering food services to customers in automobiles for consumption on the premises. 5) Restaurant without drive — m service. (A) Definition: an establishment for the sale and service of food to customers on the premise, but not in automobiles. 6) Private club. (A) Definition: an establishment for the association of a group of people for common purposes, interest, or pleasure (no Sexually Oriented Businesses allowed). (B) An establishment holding a private club permit under Chapter 32 or 33 of the Texas Alcoholic Beverage Code that derives 35 percent or more of its gross revenue from the sale or service of alcoholic beverages for on -premise consumption and that is located within a dry area as defined in Title 6 (Local Option Elections) of the Texas Alcoholic Beverage Code. Does not mclude a fraternal or veterans organization, as defined in the Texas Alcoholic Beverage Code, holding a private club permit under Chapter 32 or 33 of the Texas Alcoholic Beverage Code. Does not include the holder of a food and beverage certificate, as defined in the Texas Alcoholic Beverage Code 7) Catering/ Convenience food service. (A) Definition* an establishment that serves and supplies food to be consumed off premises Page 81 of 90 BUSINESS PARK TEXAS PEARLAND, PROFESSIONAL, PERSONAL SERVICE, AND CUSTOM CRAFTS USES 1) Office. (A) Definition: a place for the regular transaction of business. 2) Temporary construction or sales office. (A) Definition: a residential structure or other facility temporarily used as a construction office, a model home for display purposes, or a sales office in a residential subdivision. 3) Bank or savings and loan offices (with drive-in window). (A) Definition: a facility for the extension of credit and the custody, loan, or exchange or money and offers access to automobile. 4) Bank or savings and loan offices. (without drive-in window). (A) Definition a facility for the extension of credit and the custody, loan, or exchange or money, but not in automobiles. 5) Trade Center. (A) Definition: a facility for exhibitions, trade shows, and conventions. 6) Barber and beauty shops. (A) Definition: a facility licensed by the state where haircutting, hairdressing, shaving, trimming beards, facials, manicures, or related services are performed. 7) Mortuary or funeral home. (A) Defmition: a facility in which dead bodies are prepared for burial or cremation or funeral services are conducted 8) Health Studio. (A) Definition: a facility operated to promote physical fitness or weight control and where manipulated massage or excises are practiced upon the human body with or without the use of mechanical, therapeutic, or bathing devices. 9) Custom cleanmg shop. (A) Definition: as establishment for the custom cleaning of individual garments, fabrics, rugs, draperies, or other similar items. 10) Self service laundry or dry cleaning. (A) Definition: a facility for washing or dry cleaning garments and similar items where customers clean their own clothes. 11) Commercial laundry or dry cleaning. (A) Definition a facility for laundering or dry cleaning garments and similar items in a bulk basis. 12) Laundry or cleaning pickup and receiving station. (A) Definition: a facility that receives and dispenses laundry and dry leaning that is processed in bulk by a commercial laundry or dry cleaning shop located elsewhere. 13) Commercial cleanmg support services for Laboratory and industrial uses. (A) Definition: a facility for laundering or cleaning items associated with a Laboratory or Industrial use • 14) Key shop. (A) Definition: a facility for the sale and duplication of keys. Page 82 of 90 BUSINESS PARK TEXAS ler PEARLAND, 15) Shoe repair. (A) Definition: a facility for the repair or reconditioning of footwear, handbags, and other similar items. 16) Tailor, custom sewing, and millinery. (A) Definition: a facility to alter, repair, custom make, and fashion apparel and millinery. 17) Travel bureau. (A) Definition: an agency engaging in the selling or arranging of transportation, trips, or tours for individuals or groups. 18) Broadcasting or recording station. (A) Definition: (i) A broadcasting studio is a facility for broadcasting live or prerecorded programs by radio or television. (ii) A recording studio is a facility for recording on records, tapes, videotapes, or other suitable recording media. 19) Instructional arts studio. (A) Definition: a facility for the instructing, coaching, or counseling in art, music, ceramics, drama, speech, dance, or similar personal skills or arts. 20) Handcrafted artwork studio. (A) Definition: a facility for individuals to create art objects such as needlework, hand weaving, leather goods, jewelry, ceramics, sculptures, or other works of art. 21) Handcrafted bookbindmg. (A) Definition a facility for custom hand binding of books, and similar documents. 22) Photography studio. (A) Defmition: a facility for taking and processing pictures 23) Safe deposit boxes. (A) Definition: an establishment offering storage areas which may be used for the keeping of personal items, including but not limited to jewelry, silverware valuable metals and stones 24) Commercial mailboxes. (A) Defmition: a non- governmental facility for the transmission, sorting, and local distribution of mail and packages which allows rental of temporary holding of mail and packages compartments. RETAIL USES 1) Retail stores other than listed. (A) Definition: any use not listed m this chapter that offers consumer goods for inside retail sale. 2) Antique shop. (A) Definition: an establishment for the retail sale of articles such as glass, china, furniture, or similar 'furnishings and decorations that have value and significance as a result of age, design, or sentiment. Page 83 of 90 BUSINESS PARK TEXAS milar PEARLAND, 3) Art Galleries (commercial) (A) A facility for providing the sale of works of art. 4) Retail food stores. (A) Definition: an establishment for the display and retail sale of foods and merchandise and associated items. 5) Bakery or confectionery shop. (A) Defmition: a facility for preparing, cooking, baking, and the retail sale of candy, hacked goods, or other sweets. 6) Book and stationary store. (A) Definition: a facility for the retail sale of books, pamphlets, papers, pens, ink and associated items. 7) Camera shop. (A) Definition: a facility for the retail sale of cameras, film, photographic paper, auxiliary lenses, photo finishing, photo finishing material, projection equipment, and other photography related items. 8) Cigar, tobacco, and candy store. (A) Definition: a facility for the retail sale of cigars, cigarettes, pipe tobacco, candies, and other related items. 9) Clothing store. (A) Definition: a facility for the retail sale of apparel. 10) Drugstore. (A) Definition: a facility for the preparing, preserving, compounding, and the retail sake of drugs and medications. 11) Florist store. (A) Definition: a facility for the retail sale of cut or uncut flowers and ornamental plants and associated items 12) Pet shop/ and or Pet Accessories (A) Definition: a facility for the display and retail sale of small animals, fish, and birds as pets. 13) Furniture store. (A) Definition: a facility for the display and retail sale of new furniture and appliances. 14) Hardware or sporting goods store. (A) Definition: (i) A hardware store is a facility for the retail sale of items such as cutlery, tools, utensils, screws, nails, and similar items (ii) A sporting goods store is a facility for the retail sale of athletic equipment, clothing, and other sports related items. 15) Home improvement center. (A) Definition: a facility for the retail sale of home, lawn, and garden supplies. 16) Hobby and art supplies store. (A) Definition: a facility for the retail sale of model kits, art equipment and materials, and similar art, and hobby supplies Page 84 of 90 BUSINESS PARK TEXAS lor PEARLAND, 17) Paint and wallpaper store. (A) Definition: a facility for the retail sale of paints, painting equipment, and wallpaper. 18) Swimming pool sales and supply. (A) Definition: a facility for the display, retail sale, and service of swimming pools and related supplies 19) Department Store (A) Definition: A facility with multiple merchandise departments 20) Toy Store (A) Definition: A facility for the retail sale of toys and other entertainment/ recreational products 21) Coffee Merchant (A) Definition: A facility for the sale of prepared coffee and other drink refreshments, coffee beans, ground coffee, prepared foods, and various supplies and gifts related to the brewing and consumption of coffee and other refreshments 22) Electronic Store • (A) Definition: A facility for the sale, service and installation of electronic equipment, appliances, and accessories 23) Design Center (A) Definition: A facility for the wholesale and/ or retail sale of various furniture, fixtures, accessories, and fmishes for building interiors and exteriors 24) Electronic Store (A) Definition: A facility for the sale and fitting ophthalmic supplies (including eyeglasses), optometry exams, and/ or other medical equipment 25) Design Center (A) A facility for the wholesale and/ or retail sale of various furniture, fixtures, accessories, and finishes for building interiors and exteriors 26) Eyewear and or Medical Supphes (A) Definition A facility for the sale and fitting ophthalmic supplies (including eyeglasses), optometry exams, and/ or other medical equipment 27) Gifts/ and or Card Store (A) Definition: A facility for the sale of greeting cards, gifts, and seasonal accessories 28) Jeweler and /or Accessories (A) Defmition: A facility for the sale of jewels and jewelry and personal accessories 29) Cosmetics/ and or Personal Care Products (Barbershop, Hair Salon, Nail (A) Definition: A facility primarily for the sale of cosmetics grooming products, fragrances, and other products or supplies related to personal care including personal care gifts and accessories 30) Salon, or other Personal Grooming Store Page 85 of 90 BUSINESS PARK TEXAS PEARLAND, (A) Definition: A facility that provides services related to grooming, cosmetology, and personal care and sells supplies and gifts related thereto 31) Music and/ or Video, and / or electronic Game Store (A) Definition A facility primarily for the sale and rent of materials, equipment, and accessories related to music, videos, or electronic games as well as associated gifts 32) Mobil Phone Store (A) Definition: A facility for the sale of phones, mobile phones, PDA's, service contracts, and phone accessories and gifts as well as the repair, installation and servicing of such equipment 33) Home Entertainment Store (A) Definition: A facility for the sale, service, installation, design and/ or rental of music and video systems and/ or appliances as well as supplies, accessories, and materials related thereto 34) Candy and/or Specialty Food Store (A) Definition: A facility primarily for the sale of candy and all manner of specialty foods (including but not limited to fudge, popcorn, food gift baskets, cheese, prepared meats, fruits, vegetables, baked goods, and nuts) as well as the preparation of such foods for off premise consumption 35) Postal Center and/ or Copy Center and / or Personal Services (A) Definition: A facility that provides services related to all manner of reproduction, mailing, expressing mailing, faxing, E-mailing, computer use, and printing as well as the sale and/ or rent of products and accessories related thereto 36) Dance Studio (A) Defmition: A facility for teaching and/ or demonstrating dance as well as the sale of products, accessories, and services related thereto. Such establishments shall not be for commercial entertainment 37) Computer Store and / or Service Center (A) Defmition: A facility for the sale, rental, and/ or service of computers and computer accessories and equipment as well as instruction related thereto 38) Candles, and / or Lighting and / or Home accessories (A) Defmition A facilities for the sale of candles, lights, lighting accessories, and/ or other home accessories (including but not limited to ceiling fans, mail boxes, architectural accents) as well as supplies and/ or services related to the installation of such items 39) Auto Electronics and / or Accessories (A) Defmition: A facility for the sale, installation, and/ or service of all manner of electronic and other accessories for vehicles as well as supplies and gifts related thereto Page 86 of 90 BUSINESS PARK TEXAS MOTOR VEHICLE RELATED USES PEARLAND, 1) Auto parts sales (inside only). (A) Definition: a facility for the retail sale of auto parts, tools, and related items. 2) Car Wash. (A) Definition: a facility for the washing or steam cleaning of passenger vehicles. A car wash may be: (i) A single unit type which has a single bay or a group of single bays with each bay to accommodate one vehicle only; or (ii) A tunnel unit type, which allows washing of multiple vehicles in a tandem arrangement while moving through the structure. 3) Service station. (A) Definition: a facility for the retail sale of motor vehicle fuel, lubricating oils, and parts for use in motor vehicles. 4) Commercial Parking Lot or Garage. (A) A vehicle parking facility that is operated as a business enterprise by charging a fee for parking COMMERCIAL USE • 1) Appliance fix -it shop. (A) Definition: facility for the repair of household and home equipment such as radios, televisions, electrical appliances, lawn mowers, tools, and similar items. 5) Custom Furniture construction, repair, or upholstery shop. (A) Definition: facility for making, repairing or reupholstering furniture on a single item basis. 6) Tool and equipment rental (mside display only). (A) Definition: a facility for renting tools and equipment with no outside display. 7) Job printing, lithographer, printing, or blueprinting plant. (A) Definition: a facility for the commercial reproduction of written material or drawings on a bulk basis using lithography, offset printing, blueprinting, and similar methods. 8) Duplication shop. (A) Defmition: a facility for the reproduction on standard or legal size paper of material by office type photocopiers. 9) Custom print shop. (A) Definition: a facility, which performs custom printing. 10) Computer service center. (A) Definition: a facility for the service and repair of computers. 11) Garden shops, plant sales, or greenhouses. (A) Definition: a facility for the growing, display, and sale of garden or flower seeds, plants, nursery stock, and related items. Page 87 of 90 BUSINESS PARK TEXAS INDUSTRIAL, WAREHOUSE AND MANUFACTURING USES PEARLAND, 1) Temporary concrete or asphalt batching plant. (A) Definition: a temporary facility for mixing and/or loading of concrete or asphalt. 2) Distribution Facility. (A) Definition:.A structure designed for the warehouse storage of materials and/ or products, and/ or equipped with loading bays or docks, and/ or on -site space for storage of trailers or other distribution vehicles or equipment 1) Manufacturing, Fabrication, Processing and Assembly - Light. (A) Definition: A facility which provides area for firms/ uses engaged in industrial use for manufacturing, processing, assembly, fabrication, warehousing, and research and development where the process of such use or the treatment of materials is such emits only a nominal amount of dust, odor, gas, smoke, or noise and not more than 20% of the lot or tract is used for open storage (outside a building) of products, materials, or equipment. 2) Manufacturing, Fabrication, Processing and Assembly - Other. (A) Definition: A facility which provides area for firms/ uses engaged in basic and/ or heavy industrial use for manufacture, processing, assembly, fabrication, warehousing, and research and development that may be inappropriate m the Manufacturing, Fabrication, and/ or Assembly Light district 3) Laboratory Research. (A) Definition: A facility for research that includes laboratories primarily engaged in but not limited to analysis, sample testing, experimental equipment, and operations involving compounding or separating or testing of materials, elements, or equipment. 3) Petro -Chemical. (A) Definition: (i) A facility devoted to the production or storage of products derived from the processing or refining of oil . (B) . 4) Manufacturing Laboratory. (A) Defmition: A facility for the compounding of products, assembly of technical equipment, and / separation of materials/ elements under controlled environmental conditions or where such use is particularly related to research and development. ACCESSORY USES (a) General provisions. Page 88 of 90 BUSINESS PARK TEXAS PEARLAND, (1) An accessory use must be a use customarily incidental to a main use. An accessory use not listed in Subsection (b) is permitted if the accessory use complies with Subsection (a). (2) An accessory use is permitted in any district in which the main use is permitted. (3) An accessory use must be located on the same lot as the mainuse, and must not be across a street or alley from the main use (4) Unless otherwise specifically required in this article, an accessory use must comply with all regulations applicable to the main use (5) An alcohol related establishment that is customarily incidental to a main use, such as an alcohol related establishment within a hotel, restaurant or general merchandise store, will be considered as part of the main use when determining the gross revenue derived by the establishment for the sale of alcoholic beverages for on -premise consumption. (b) Specific accessory uses The following accessory uses are subject to the general provisions in Subsection (a) and the regulations below: i. Game court (private). 1. Definition: court for engaging in tennis, handball, racquetball, or similar physical activities. ii. Swimming pool (private). 1. Definition: a swimming pool constructed for the exclusive use of the residents of a residential use. iii. Private street or alley. 1. Definition a thoroughfare or an alley built to the same specifications as a street or alley dedicated to the public use, whose ownership has been retained privately iv. Farmers Market (temporary). 1. Definition: a thoroughfare or an alley built to the same specifications as a street or alley dedicated to the public use, whose ownership has been retained privately 2. Agriculture. 1. Definition: 1. An area, which is used for the raising of animals (including fish) and the development of animal products on a commercial basis. Typical uses include beef or sheep ranching, dairy farming, piggeries, poultry farming, and fish farming 2. A facility for the business of boarding horses or renting horses to the public. 3. An area used for the raising or harvesting of agricultural crops such as wheat, field forage, and other plant crops intended to provide food or fiber Page 89 of 90 BUSINESS PARK TEXAS lir PEARLAND, 4. An area for the keeping of a horse or horses for the private use of the property owner or the owner of the horse(s) v. Street Fairs (temporary) 1 Definition: Temporary use within the public right-of-way or other public property that permits retail activity where the wares for sale can be displayed in the opOen or temporary stalls, entertainment, and/ or food services dispensed from temporary facilities designed for such purposes. • Page 90 of 90