Ord. 509-819 02-13-06ORDINANCE NO. 509-819
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN
DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR
THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN
REAL PROPERTY, LOCATION BEING 169.03 ACRES OF LAND OUT OF A
CALLED 154.0026 ACRE TRACT DESCRIBED IN DEED TO PEYTON
MARTIN, TRUSTEE, RECORDED UNDER FILE NUMBER 91-000518 OF
THE OFFICIAL RECORDS OF BRAZORIA COUNTY, AND ALL OF A
CALLED 2.30 ACRE TRACT DESCRIBED IN DEED TO PEYTON MARTIN,
TRUSTEE, RECORDED .UNDER FILE NUMBER 02-041088, LOCATED IN
THE H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 300, SECTION 81,
CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY
LOCATED ON THE SOUTH SIDE OF BROADWAY STREET, AND ON THE
WEST SIDE OF COUNTY ROAD 566, AND ALSO WEST OF STATE
HIGHWAY 288) (ZONE CHANGE APPLICATION NO. 1249) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) AND
GENERAL BUSINESS (GB) TO PLANNED UNIT DEVELOPMENT
DISTRICT (PUD), AT THE REQUEST OF VERNON G. HENRY &
ASSOCIATES, INC., APPLICANT FOR CBL & ASSOCIATES PROPERTIES,
INC., OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE
DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO
THE SUBJECT.
WHEREAS, Vernon G. Henry & Associates, Inc., applicant for CBL &
Associates Properties, Inc., owner, filed on October 4, 2005, an application for
amendment pursuant to Section 28 of Ordinance No. 509, the Land Use and Urban
Development Ordinance of the City, for approval of a change in the land use as
provided for in said Section 28, said property being legally described in the original
applications for amendment attached hereto and made a part hereof for all purposes
as Exhibit "A"; and
WHEREAS, on the 21st day of November, 2005, a Joint Public Hearing was
held before the Planning and Zoning Commission and the City Council of the City of
Pearland, Texas, notice being given by publication in the official newspaper of the
1
ORDINANCE NO. 509-819
City, the affidavit of publication being attached thereto and made a part hereof for all
purposes, as Exhibit "B", said call and notice being in strict conformity with provisions
of Section 28.3 and 28.4 of Ordinance No. 509; and
WHEREAS, on the 7th day of February, 2006, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application by Vernon G. Henry & Associates,
Inc., applicant for CBL & Associates Properties, Inc., owner, whereby the Commission
recommended approval of the change of classification for the described property from
its existing classification of Suburban Development District (SD) and General
Business District (GB) to Planned Unit Development District (PUD); and
WHEREAS, upon receipt of the report from the Planning and Zoning
Commission, the City Council considered this application and the recommendation of
the Planning and Zoning Commission at a regular meeting on February 13, 2006; and
WHEREAS, the City Council having fully heard the testimony and argument of
all interested parties, and having been fully advised in the premises, finds that in the
case of the application of Vernon G. Henry & Associates, Inc., applicant for CBL &
Associates Properties, Inc., owner, presented which, in the judgment of the City
Council, would justify the approval of said application; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
The following described property located within the corporate City limits of the
City of Pearland, Texas, and presently classified as Suburban Development District
(SD) and General Business District (GB) is hereby zoned to Planned Unit
Development District (PUD), in accordance with all conditions and requirements listed
2
ORDINANCE NO. 509-819
in the Planned Unit Development (PUD) Document, also known as Exhibit "C"
attached hereto and incorporated for all purposes, such property being more
particularly described as:
169.03 acres of land out of a called 154.0026 acre tract described in deed to
Peyton Martin, Trustee, recorded under File Number 91-000518 of the Official
Records of Brazoria County, and all of a called 2.30 acre tract described in
deed to Peyton Martin, Trustee, recorded under File Number 02-041088,
located in the H.T. & B.R.R. Company Survey, Abstract 300, Section 81, City of
Pearland, Brazoria County, Texas (Generally Located on the South Side of
Broadway Street, and on the West Side of County Road 566, and also West of
State Highway 288)
II.
The City Council of the City of Pearland finds and determines that the recitations
in the preamble hereof are true and that all necessary prerequisites of law have been
accomplished and that no valid protest of the proposed change has been made. The
City Council further finds and determines that there has been compliance with the
mandates of law in the posting and presentation of this matter to the Planning and
Zoning Commission and to the City Council for consideration and decision.
III.
The City Council of the City of Pearland finds and determines that the
amendment adopted herein promotes the health, safety, and general welfare of the
public and is a proper valid exercise of the City's police powers.
IV.
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance
is for any reason held invalid or unconstitutional by any court of competent jurisdiction,
such portion shall be deemed a separate, distinct, and independent provision and such
3
ORDINANCE NO. 509-819
holding shall not affect the validity of the remaining portions thereof.
V.
All rights and remedies, which have accrued in the favor of the City under this
Ordinance and its amendments thereto, shall be and are preserved for the benefit of
the City.
VI.
The City Secretary is hereby directed to cause to be prepared an amendment to
the official Land Use District Map of the City, pursuant to the provisions. of Section 2 of
Ordinance No. 509 and consistent with the approval herein granted for the
reclassification of the herein above described property.
VII.
This Ordinance shall become effective after its passage and approval on second
and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this 13th day of
February 2006.
ATTEST:
UNG
TY S CRETAR
TOM REID
MAYOR
4
ORDINANCE NO. 509-819
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
27th day of Feb•r.uery:-. , 2006.
ATTEST:
YN G
Y S CRETA
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
5
May 2005
APPLICATION FOR
A CHANGE IN ZONING
Please check one:
City of Pearland
Community Development
3523 Liberty Drive
(Community Center)
Pearland, Texas 77581
281-652-1768
281-652-1702 fax
www.cityofpearland.com
2 Change in Zoning Classification from: SD, GB to: PUD
(list current zoning) (list proposed zoning)
❑ Specific Use Permit Request for :
(list proposed use)
Property Information:
Address: Southwest corner of C.R. 566 and C.
6 separate tracts in the H.T. & B.R.R., Co
A-300, Section 81, Brazoria County, Texas
Subdivision:
R. 92 (Broadway) Tax Account No. 0300-0008-111,
Survey, 0300-0008-112, 0300-0009-000,
0300-0016-000, 0300-0009-110,
0300-0013-110
Lot: Block:
** Attach a copy of the metes and bounds description, survey, or legal description`*
Current use of property
(type of structures on property):VACANT
Future/proposed use of property and reason for zone change: REGIONAL TOWN CENTER
PROPERTY OWNER INFORMATION: (see attached letter)
NAME CBL & Associates Properties, Inc.
ADDRESS 2030 Hamilton Place Blvd., Ste 500
CITY Chattanooga STATE TN ZIP 37421
PHONE (423) 490-8624
FAX (423) 490-8602
E-MAIL ADDRESS i breweracblorooerties.com
APPLICANT INFORMATION:
NAME Vernon G. Henry & Associates, Inc
ADDRESS 1800 West Loop South, Ste 1750
CITY Houston STATE TX ZIP 77027
PHONE (713) 627-8666
FAX (713) 627-7666
E-MAIL ADDRESS vhenry(c�voha.net
PETITION: As owner/agent, 1 hereby petition the City of Pearland for approval of the above described request as
provided for by the laws of the State of Texas and ordinances of the City of Pearland. I certify to the best of my
knowledge that this is a true description of the property upon which I have requested the above checked action.
understand that I am fully responsible for the correctness of the legal description given.
Owner's Signature:
L
Agent's Signature:
OFFIC
***APPLICATION IS CONSIDERED I
OR SURVEY AND THE APPLICATION FEE***
eff. _-wer, Pr
Vernon G. Henry, A
icant
Date: October 3, 2005
Date: October 3, 2005
FEES
PAID:
10Q 9
DATE ,
PAID: / C/9/O5
BYCEIVED, p'-(//pJ-%/ -
NUMBER:APPLICA
'
g
Page 103 of 106
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LOCATION MAP
Zone Change Application
No. 1249
W
0 500 1,000 Feet
lilil I
Map Prepared on November 4, 2005
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby appended was published
in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris
and Galveston Counties, for / issues, as follows:
No / Date /f - 0 20
No. Date 20
No Date 20
No Date 20
No Date 20
Subscribe and sworn to before me this
20 aT
•
•
••% �'�• ""�' LAURA ANN EMMONS
1.
• Notary Public, State of Texas I
• "�• ,, <<++ Cammission Expires 09-09-2006
di
day of 9(2
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published Nov. 2 and Nov:
9, 2005
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE 1l
PLANNING AND ZONING ,l
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
ZONE CHANGE
APPLICATION NO. 1249
Notice is hereby given that`
on November 21, 2005, atj
6:30 p.m., the City Councih
and Planning and Zoning,!
Commission of the City ofd
Pearland, in Brazoria, Harris
and Fort Bend Counties,
Texas, will conduct'a joint
public hearing in the Council
Chambers of City Hall,E
located at 3519 Liberty:
Drive, Pearland, Texas, on‘
• the request of Vernon GI
He,pry & Associates, Inc.,t
applicant for CBL &'
Associates Properties, Inc.,1
owner„ for an amendment to l
the Land Use and 'Urban
Development Ordinance,of
i
yI
said City, for approval of a
fchange in zoning district
( from classification Suburban
! Development District (SD)
fand General Business +
I District (GB) to Planned Unit
Development District (PUD),
1 on the following described
j property, to wit:
' 169.03 acres of land out of
a called 154.0026 acre tract
described in deed to Peyton
Martin, Trustee, recorded
1 under File Number 91-
000518 of the Official
;Records of Brazoria County,
and all of a called 2.30 acre'
tract described in deed to
/Peyton Martin, Trustee,
irecorded under File Number
102-041088, located in the
H.T. & B.R.R. Company
Survey, Abstract 300,
Section 81, City of
Pearland, Brazoria County,
Texas (Generally Located
on the South Side of
Broadway Street, and on
ithe West Side of County
Road 566, and also West of '
State Highway 288)
iAt said hearing all interest-
ed parties shall have the
, right and' opportunity to
appear and be heard on the
subject.,
• /s/ Theresa Grahmann
1 Senior Planner
LEGALS
7sDne acme
AFFIDAVIT OF PUBLICATION 13L19
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby appended was published
in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris
and Galveston Counties, for % issues, as follows:
No % Date //'q 20 OS*
No Date 20
No Date 20
No Date 20
No. Date 20
Subscribe and sworn to before me this
20QS-
• ••11,* • •:•111V• l„, 4k.!pig ok • ,} • i.o , .
•
it•
•
mb
LAURAA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
day of %Lor)-
Laura nn.Emmons, Publishe
Notary Public, State of Texas
Published Nov. 2 and Novi
9, 2005
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
ZONE CHANGE
APPLICATION NO. 1249
Notice is hereby given that
on November 21, 2005, at
6:30 p.m., the City Council
and Planning arid Zoning
Commission of the City of
Pearland, in Brazoria, Harris
and Fort Bend Counties.
LEGALS
„Texas, will conduct a join
public hearing in the Counci
Chambers of City Hall.
located at 3519 Liberty
Drive, Pearland, Texas; on
the request of Vernon G.
Henry & Associates, Inc.,
applicant for CBL &
Associates Properties; Inc.,
owner, for an amendment to
the Land Use and Urban
Development Ordinance of
said City, for approval of a
change in zoning district
from classification Suburban
Development District (SD)
and General Business
District (GB) to Planned Unit
Development District (PUD),
on -the following described
property,, to wit:
169.03 acres of land out of
a called 154.0026 acre tract
"described in deed to Peyton
Martin, Trustee, recorded
under File. Number 91-
000518 of the Official
IRecords of Brazoria County, 1.
and all of a called 2.30 acre
tract described in deed to
" Peyton Martin, Trustee,
I) recorded under File Number j
02-041088, located in the
t H.T. & B.R.R. Company
I. Survey, Abstract 300,
Section 81, City of ,1
Pearland, Brazoria County,
Texas (Generally Located I
on the South Side of
Broadway Street, and on
the West Side of County
Road 566, and also West of
State Highway 288)
At said hearing all interest-' ed parties shall have the
right and opportunity to
appear and be heard on the
subject.
Is/ Theresa Grahmann
Senior Planner
Planning & Zoning Commission
Recommendation Letter
February 7, 2006
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change Application No. 1249, a request by Vernon
G. Henry & Associates, Inc., applicant for CBL & Associates Properties, Inc.,
owner, for an amendment to the Land Use and Urban Development Ordinance of
said City, for approval of a change in zoning district from classification Suburban
Development District (SD) and General Business District (GB) to Planned Unit
Development District (PUD)
Honorable Mayor and City Council Members:
At their regular meeting of February 6, 2006, the Planning and Zoning Commission
considered the request for a change in zoning district from classification Suburban
Development District (SD) and General Business District (GB) to Planned Unit
Development District (PUD), on the following property:
Legal Description:
169.03 acres of land out of a called 154.0026 acre tract
described in deed to Peyton Martin, Trustee, recorded under
File Number 91-000518 of the Official Records of Brazoria
County, and all of a called 2.30 acre tract described in deed to
Peyton Martin, Trustee, recorded under File Number 02-
041088, located in the H.T. & B.R.R. Company Survey,
Abstract 300, Section 81, City of Pearland, Brazoria County,
Texas
Agenda Request 1249
Page 1 of 2
General Location:
Generally Located on the South Side of Broadway Street, and
on the West Side of County Road 566, and also West of State
Highway 288
Commission Member West made a motion to recommend approval of the zone change
request, which was seconded by Commission Member Fuertes. The motion to approve
passed 6 — 0. The zone change was recommended for approval by the Planning and
Zoning Commission.
Sincerely,
Planning and Zoning Commission
Agenda Request 1249
Page 2 of 2
!
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ZONING APPLICATION
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Table of Contents:
1 Application
2. PUD Development Tcxt
3. Legal Descriptions
4. Site Development Plans
ItaAis '011:17.7
m"-
MIVOOper
C131, & Associates Properties, Inc.
CBI.. Center
2030 Illltnilton Place Blvd, Suite 500
Cluni;trtoop, TN 37421
:.,,-,77-777777
ei:W:y
CHARLES 8. LEBOVITZ
Chairman of the Board
and Chief Executive Officer
STEPHEN D. LEBOVITZ
President
MOSES LEBOVITZ
(1905-1991)
CBL & ASSOCIATES PROPERTIES, INC.
October 3, 2005
Ms. Lata Krishnarao, AICP
Director of Planning
City of Pearland, TX
3523 Liberty Avenue
Pearland, TX 7581
Re: Pearland Town Center
Pearland, Texas
File #134-66-7-0
Dear Lata:
JOHN N. FOY
Vice Chairman of the Board
and Chief Financial Officer
BEN S. LANDRESS
Executive Vice President
Attached is our application for the rezoning of the approximately i6o acre site in the southwest
quadrant of the SH 288 and 518/Broadway interchange to create a General Business PUD to
allow for the construction and operation of a mixed use TOWN CENTER Commercial
development.
The attached site development plan dated October 3, 2005 illustrates our proposal for a neo-
traditional Town Center Development project featuring retail, restaurant and entertainment uses
along with civic and multi -family land uses organized around a series of pedestrian oriented
urban streets.
We anticipate that the construction of this project will be phased, with initial development of
approximately 7oo,000. SF of retail, including two fashion department stores, restaurants and
entertainment uses. Construction is anticipated to begin once all necessary governmental and
tenant approvals can be secured, with project opening scheduled for Spring 2008.
Accompanying this application are 35 copies of the following materials for your consideration:
• Zoning Application
• Proposed PUD Ordinance
• Legal Description
• Conceptual Development Site Plans
• Existing Conditions Plan
• Architectural Character Sketches
• Preliminary Utility Plan
• Preliminary Subdivision Plat
Please advise if there is any additional information that we can supply in support of this
application. We look forward to working with the City of Pearland as we develop this exciting
TOWN CENTER project.
Sincerely,
SPROPER S, INC.
J:. rewer
roject Manager
Mall Development
CBL Center, Suite 500 12030 Hamilton Place Boulevard I Chattanooga, TN 37421-6000 1 (423) 855-0001 I Fax (423) 490-8662
CBL
tem
NYSE
May 2005
APPLICATION FOR
A CHANGE IN ZONING
Please check one:
Ed Change in Zoning Classification from: SD, GB
(list current zoning)
to: PUD
City of Pearland
Community Development
3523 Liberty Drive
(Community Center)
Pearland, Texas 77581
281-652-1768
281-652-1702 fax
www.cityofpearland.com
(list proposed zoning)
❑ Specific Use Permit Request for :
(list proposed use)
Property Information:
Address: Southwest comer of C.R. 566 and C.
6 separate tracts in the H.T. & B.R.R., Co
A-300, Section 81, Brazoria County, Texas
Subdivision:
R. 92 (Broadway) Tax Account No. 0300-0008-111,
Survey, 0300-0008-112, 0300-0009-000,
0300-0016-000, 0300-0009-110,
0300-0013-110
Lot: Block:
** Attach a copy of the metes and bounds description, survey, or legal description**
Current use of property
(type of structures on property):VACANT
Future/proposed use of property and reason for zone change: REGIONAL TOWN CENTER
PROPERTY OWNER INFORMATION: (see attached letter)
NAME CBL & Associates Properties, Inc.
ADDRESS 2030 Hamilton Place Blvd., Ste 500
CITY Chattanooga STATE TN ZIP 37421
PHONE (423) 490-8624
FAX (423) 490-8602
E-MAIL ADDRESS j brewere.cblproperties.com
APPLICANT INFORMATION:
NAME Vernon G. Henry & Associates, Inc
ADDRESS 1800 West Loop South, Ste 1750
CITY Houston STATE TX ZIP 77027
PHONE (713) 627-8666
FAX (713) 627-7666
E-MAIL ADDRESS vhenry(a�vgha.net
PETITION: As owner/agent, I hereby petition the City of Pearland for approval of the above described request as
provided for by the laws of the State of Texas and ordinances of the City of Pearland. I certify to the best of my
knowledge that this is a true description of the property upon which I have requested the above checked action. I
understand that I am fully responsible for the correctness of the legal description given.
Owner's Signature:
Date: October 3, 2005
Agent's Signature: '�/���w�/�/ Date: October 3, 2005
Vernon G. Henry, Applicant
OFFICE USE ONLY:
FEES
DATE
RECEIVED
APPLICATION
PAID:
PAID:
BY:
NUMBER:
NSIDERED INCOMPLETE WITHOUT A METES AND BOUNDS DESCRIPTION
OR SURVEY AND THE APPLICATION FEE***
Page 103 of 106
COUNTY ROAD N0. 92
OWNERSHIP .EX
I
SCALE 1 " = 500'
PEYTON MARTIN
ANDREWPHUC HO & HAI ION PHAM
Orteriturgess
cued a e • rc
Mrw,uc�
7 ems.
PEARLAND TOWN CENTER
PUD (PD District) Ordinance
Pearland, Texas
October 3, 2005
Revised December 20, 2005
Revised January 8, 2006
Revised January 17, 2006
Revised January 26, 2006
SECTION I: PEARLAND TOWN CENTER — PUD (PD DISTRICT)
Article I. Location:
The subject property is approximately 169 acres located in the southwest quadrant of the
SH 288 — CR92 (Broadway) interchange, bordered by proposed Business Center Drive
extension to the east and extending west of proposed Kirby Road. A legal description of
the proposed PUD boundary is attached and marked as Exhibit "A."
Article II. Purpose:
The goal of this PUD (PD-District) is to create a distinctive, pleasing and coordinated
mixed use commercial, retail and residential development to serve the needs of Pearland's
residents, to enhance Pearland's competitive position in the region and to satisfy regional
demand for high quality retail and entertainment opportunities. Further, it is the intention
of this PUD (PD District) to encourage flexible and creative planning to meet the current
and future needs of the community which will result in a higher quality development than
would result from the use of conventional zoning districts.
Article III. General Description Of Proposed Development:
CBL & Associates Properties, Inc. (Developer) proposes the development of a state-of-
the-art, Town Center Style development consisting of traditional department stores, retail
shops, restaurants, multi -family residential, entertainment and institutional uses. This PD
District authorizes the development of commercial office, multifamily housing, hospitality
and civic land uses with appropriate pedestrian amenities integrated throughout the
development. It is anticipated that individual tracts or parcels will be sold or leased as
development progress (i.e.; for department stores and other free standing uses.) There shall
be no limit on the number of tracts or parcels that may be created within this PUD
provided that lots meet the requirements of this PUD Ordinance and the requirements of
Chapter 3 of the Pearland Unified Development Code (UDC). The project will be
constructed in phases, with development being increased as market forces dictate. It is the
developers intention to open the project in the Spring of 2008.
Article IV. Nature Of The PUD (PD) District:
1) The Pearland Town Center PUD (PD District) shall be a Town Center overlay district.
All development within the Pearland Town Center PUD (PD District) shall conform
to the development standards of the Pearland UDC except as modified herein.
Article V. Definitions:
As used in this PUD (PD) Ordinance certain terms are defined as follows. Where these
definitions conflict with definitions stated elsewhere in the City of Pearland ordinances,
these PUD definitions shall prevail. Terms used in this document that are not defined in
the following section shall have the same meaning as specified in the City of Pearland
Unified Development Code.
1) Building Height: The term Building Height shall mean the vertical distance from the
grade level at the main entrance to the top of the roof steel that comprises the majority
of the perimeter of the building for a flat roof; to the deck line of a mansard roof; and
to the mean height between eaves and ridges for gable, hip and gambrel roofs.
2) Circulation Drives: Circulation drives shall mean all driveways, streets, roads,
alleys, ring roads located solely within this PUD district boundary, and the drives
designated on the design plan as Town Center Drive, East Main Street and West Main
Street,. Circulation Drives shall not be considered public or private streets.
3) Composite Parking Ratio: The term "Composite Parking Ratio" shall mean
improved ground level and multi -level parking spaces, if any, collectively on all
Parcels comprising the PUD sufficient to provide parking for the aggregate Gross
Leasable Area (GLA) or Floor Area of all improvements constructed within the PUD,
at the rates specified in Article X of this Ordinance
4) Department Store(s): The term Department Store shall mean any single tenant, retail
building that contains more than 80,000 square feet of Gross Leasable Area.
5) Design Plan: The term "Design Plan" shall mean the Plan designated as Preliminary
Site Plan attached hereto as Exhibit "B" and made part hereof.
6) Floor Area: The term "Floor Area" shall mean the total number of square feet of
floor area on all levels, including subterranean building areas.
PEARLAND TOWN CENTER
PUD (PD District) Ordinance
October 3, 2005 Rev. January 26 2006
Page 2
7) Gross Leasable Area: (GLA): The term "Gross Leasable Area" shall mean the
number of square feet of floor area on all levels, including, outside selling areas
enclosed within semi -permanent structures and basements or other subterranean areas,
and shall be measured to the exterior surface of exterior walls and to the center of any
common walls, but excluding (i) any enclosed connectors and other malls (except for
any area thereof occupied by permitted kiosks - or wall boutiques) whether covered or
uncovered or open or enclosed, (ii) penthouses and other floor area occupied by
mechanical, telephone, computer or other operating equipment, (iii) patios or outside
eating and selling areas that are not heated or air-conditioned, (iv) upper levels of
multi -deck stock area, (v) portions of truck or loading docks and trash compacting
and bailing rooms that are not heated or air-conditioned, and (vi) with respect to the
"Town Center retail shops in Sub Area A," mezzanines, storage areas not located
within tenant spaces, the floor area of any common auditorium, public lavatories,
Developer's or Mall Management office, maintenance facilities, elevator corridors,
and service and fire corridors.
8) Masonry: The term masonry is defined as Brick, stone brick veneer, custom treated tilt
wall, decorative or textured concrete block, split face block and stucco. EIFS (exterior
insulation and finish systems) shall be included within this definition only for the
purposes of masonry trim.
9) Net Land Area / Net Acreage: The measure of land area exclusive of easements,
thoroughfare and street rights -of -way, retention/detention areas, public streets
dedicated and accepted prior to platting of the property and proposed Kirby Road,
Business Center Drive and any future Right -of Way dedication shown on the final
plat.
10) PUD: The term PUD shall have the same meaning as PD District as used in the City
of Pearland Unified Development Code (UDC).
11) Sub -Area: The term Sub Area(s) shall mean the areas designated on exhibit B-2
which collectively make up the Pearland Town Center PUD. The Sub Area
boundaries may be adjusted within the PUD District as authorized by Article VII par
4 (a) of this document.
12) Thoroughfare and Collector Streets: The terms Thoroughfare and Collector streets
shall mean the Public Streets designated as Broadway Avenue, Kirby Road and
Business Center Drive.
13) Town Center: The term "Town Center" shall mean Sub -Area "A" as shown on
Exhibit "B-2", which contains the Department Stores, main street shops, restaurants
and multi -family housing, together with all buildings and other improvements
constructed at any time thereon, which Town Center together with other Sub -Areas
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PUD (PD District) Ordinance
October 3, 2005 Rev. January 26 2006
Page 3
within the PUD shall be known as Pearland Town Center or such other name
designated by the Developer.
14) Town -House or Town -Home: One of a group of no less than three (3) dwelling
units, attached to another dwelling unit only on the horizontal plane. Each unit shall
extend from the foundation to the roof. For the purpose of this Ordinance, Town
House or Town Home shall be considered the same as multi family residential land
use and shall meet multifamily requirements.
15) Unified Development Code (UDC): The term UDC shall mean the Unified
Development Code (UDC), in place at the time of this PUD Approval. The Developer
shall comply with all building. mechanical and life safety codes in effect at the time
building permits are requested.
Article VI. Sub -Area Descriptions:
1) The development PUD has been divided into sub -areas based on surrounding land
use, existing and proposed circulation patterns, and the relationship to the overall
development. The sub -areas are identified below and are graphically depicted on the
attached sub -area plan, Exhibit "B-2."
2) With the exception of Sub Area "E," the sub areas and parcels created within the
Pearland Town Center PUD shall be considered collectively (as opposed to
individually) for the purpose of meeting the development standards.
a) Sub -Area "A" — Town Center District
The Town Center is intended to function as an active, pedestrian -oriented
urban street. It is the primary area of development and shall be the major
retail component of the PUD. The limits of sub -area "A" shall be defined as
the outside edge of the outer private circulation drive as shown on the sub area
plan.
b) Sub -Area "B" (B-1 & B-2 Broadway- Northern District)
Sub -area "B" will lie directly north of the Town Center District, adjacent to
Broadway Avenue, and will serve as the gateway to the development. This
sub -area is the front door to the development and will establish the
developments overall character. = Due to the proximity of this sub -area to the
Town Center entrance and the area's importance as the project "gateway," the
Developer intends to maintain a high level of architectural unity and
continuity in this zone.
c) Sub -Area "C" (Event Center District)
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PUD (PD District) Ordinance
October 3, 2005 Rev. January 26 2006
Page 4
Sub -area "C" is located directly south of the Town Center District, adjacent to
the Storm Water Management Area. This sub -area will be accessible from
Kirby Road on the west and the extension of Business Center Drive on the
east via an east —west circulation drive along the southern boundary of the
Event Center District. The purpose of this District is to accommodate a large
multi -purpose event and performing arts center or privately owned large
format retail, theater, or other entertainment uses. This district will be directly
linked to the town center district through a series of pedestrian and vehicular
connections, creating a true multi -use destination for the region.
d) Sub -Area "D" ("D-1 and D-2" Southern District)
Sub -areas "D 1 and D2" are located in the southeast and southwest corner of
the PUD respectively. Development will be complementary to the overall
architectural scheme and will be of equal quality; however, development in
this sub area will have greater opportunity for the establishment of individual
tenant identity through use of nationally recognized building prototypes,
provided materials and colors are in harmony with project materials.
e) Sub -Area "E" (Western District)
Sub -area "E" is located west of Kirby Road. Due to this sub area's location on
the west side of Kirby Road, the development of this area will be required to
meet parking, open space and landscape requirements of this PUD on a stand
alone basis. A development plan for this area shall be submitted by developer
of Sub Area E and reviewed by the Planning Director for compliance with the
specific requirements of this PUD prior to any building permit being issued
for work in this sub -area.
f) Sub -Area "F" (Storm Water Management Area)
Sub -area "F" is located along the southern property boundary. This sub -area
will be developed as an amenity in accordance with the landscape
requirements outlined elsewhere in this text.
SECTION II: DEVELOPMENT STANDARDS
Article VII. Development:
1) General
a) The development within the Pearland Town Center District shall conform
to all provisions of the City of Pearland Unified Development Code,
except as addressed herein. It is the intention of these Development
Standards to address development density, land use, building and parking
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PUD (PD District) Ordinance
October 3, 2005 Rev. January 26 2006
Page 5
setbacks, open space, parking and landscape requirements and
architectural facade treatments for the entire district on a stand alone basis
and as such, shall establish the sole minimum requirements for
compliance. The following Development Standards will apply to all
sub -areas, regardless of land use and shall replace the Development
Standards of any and all applicable underlying zoning or overlay districts
specified in the Pearland UDC. In the event of a conflict between the
standards in this PUD and the UDC regulations of any underlying zoning
or overlay district, the standards described herein will prevail. Residential
development, including town homes, within this PUD district shall
conform to the standards set forth in this PUD ordinance, notwithstanding
any provisions of any underlying zoning or overlay district contained in
the Pearland UDC.
2) Conformity to the Design Plan:
a) The degree of conformity required between the Design Plan and
subsequent development applications shall be limited to conformance with
the Density, Parking, Setback and Landscape and open space requirements
of this PUD (PD) Ordinance as outlined in Section II Articles VII through
XVH.
b) The Design Plan shall be reviewed by the Planning Director for
compliance with the specific requirements of this PUD. Only design plan
modifications that do not conform to these general PUD development
standards shall require an amendment to the PUD. The Developers
compliance with the written text shall constitute "Conformance with the
Design Plan."
3) Minor Deviation from the approved Design Plan:
a) Deviations from the design plan that may be approved by the Planning
Director are limited to the following:
• Corrections in spelling, distances, and other labeling that does not
effect the overall development concept.
• Changes in building or land use positions, layout, size or
configuration, provided that the overall site density, parking,
landscape and open space requirements of this PUD (PD District)
ordinance are satisfied.
• Changes in the proposed property lines, or sub area limits as long
as the overall project acreage is not exceeded and provided that the
requirements of UDC Chapter 3 Subdivisions are followed.
• Changes in parking, circulation drives and site layouts provided
that the number of parking spaces required by this PUD ordinance
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PUD (PD District) Ordinance
October 3, 2005 Rev. January 26 2006
Page 6
and the general relationship of parking lots to buildings are
maintained.
• Developer shall include a major north -south and major east west
circulation drive similar to the drives designated as Town center
drive and main street as illustrated on the design plan.
4) Sub Area Boundaries.
a) The Sub Areas boundaries designated on exhibit B-2, which collectively
make up the Pearland Town Center PUD, may be adjusted in the final
development site plan provided that the area of any individual Sub Area is
not increased by more than 10 percent (10%) of the total Sub Area
Acreage indicated on Exhibit B-2. No sub area shall expand beyond the
limits of the PUD District.
5) Authorized Uses.
a) The uses permitted within this PUD will be department and retail stores
and shops, multi -family residential and town homes, offices, banks,
restaurants, theaters and multi -purpose event centers, hotels and motels,
and accessory uses customarily incident to the above and traditionally
found in contemporary regional shopping centers and Town Center
developments.
b) Specifically, all land uses designated as Permitted (EMPHASIS ADDED)
land uses within the "GB, GC, NS, OP and MF zoning districts" as
outlined in Section 2.5.2.1 of the Pearland Unified Development Code
shall be considered "permitted uses" in this PUD. Any land use that is
designated as a Conditional Use shall require a Conditional Use Permit
(CUP) in accordance with the requirements of the UDC.
6) Excluded Uses:
• Industrial and Manufacturing uses and sexually oriented businesses
• Cannery Wholesale
• Cattle Feedlot and other agricultural uses (except farm markets)
• Chemical Packing or Blending
• Railroad Depots
• Heavy Machinery Sales and Storage
• Major Auto Repair
• Auto Parts Fabrication
• Auto Assemble
• Auto Wrecker Service as Primary Use
• Bus and Truck Storage
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PUD (PD District) Ordinance
October 3, 2005 Rev. January 26 2006
Page 7
• Motor Freight Terminals
• Refuse Transfer Stations
• Self -Storage facilities
• Drive -In and Drive -Through Restaurants within Sub Area A
• Outdoor storage, except as may be permitted by the UDC
Article VIII. Development Density Regulations:
Not withstanding the provisions of the Unified Development Code, or the requirements of
any underlying zoning or overlay district use regulations, the following are the Maximum
Allowable Residential Densities permitted for this PUD:
1) Entire PUD
a) Residential Density — Established by Sub -area
b) No more than 300 residential units collectively within Sub Areas A, C, D
c) Impervious coverage shall not exceed eighty five percent (85%) of the Net
land area. All pervious area shall be landscaped.
d) Impervious coverage shall be based on the Net Area of development
without regard to parcel ownership or sub area. Pervious areas within sub
area F - Storm Water Management Area excluding the surface area of the
lake measured at the required storage level, and all other pervious open
space shall be included for the purpose of this calculation.
e) Non residential development Density shall be permitted within this Town
Center PUD in accordance with the City of Pearland zoning codes in effect
at the time this document is adopted. The Developer shall comply with all
building. mechanical and life safety codes in effect at the time building
permits are requested.
2) Sub Area A
a) Up to 300 residential units, subject to the limits established in Paragraph 2
b above.
3) Sub Area B (B-1 and B-2)
a) No residential permitted
4) Sub Area C
a) Up to 300 residential units, subject to the limits established in Paragraph 2
b above.
5) Sub Area D (D-1 and D-2)
a) Up to 300 residential units, subject to the limits established in Paragraph 2
b above.
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PUD (PD District) Ordinance
October 3, 2005 Rev. January 26 2006
Page 8
6) Sub Area E
a) Multi Family or Town homes - No more than 16 units / net acre devoted
to multi family.
LAND USE AREA TABLE
SUB AREA
ACRES
PROPOSED LAND USE
DENSITY LIMITS
A
78.2
Mixed -any Authorized use
See Section VII par. 5
No more than 300
Residential units subject
to Par. 2 b above
Other uses as permitted
by UDC
B
17.3
Mixed -any Authorized use
See Section VII par 5
except residential.
No residential permitted
Other uses as permitted
by UDC
C
17.8
Mixed -any Authorized use.
See Section VII par 5
Maximum 6000 seats in
event center, Up to 300
Residential units subject
to Par. 2 b above
Other uses as permitted
by UDC
D
13.1
Mixed -any Authorized use.
See Section VII par 5
300 Residential units
subject to Par. 2 b above
Other uses as permitted
by UDC
E
18.2
Mixed -any Authorized use.
See Section VII par 5
Multi family limited to
16 units per acre
Other uses as permitted
by UDC
F
20.1
Stormwater Management and
Passive recreation only
Acreage may change based on final designation of sub -area limits established during
development.
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October 3, 2005 Rev. January 26 2006
Page 9
Article IX. Area Regulations:
1) Size of Lots:
a) Minimum Lot Size (All sub areas) — Twenty-two thousand and five
hundred (22,500) square feet in area.
b) Minimum Lot Frontage (Sub Areas A through D and F)—Thirty Feet (30'.)
Flag lots are permitted provided they have a minimum 30' frontage on a
Public or Private street. Minimum lot frontage for Sub Area E shall be as
required by the UDC.
c) Minimum Lot Depth (Sub Areas A through D and F)— No Minimum
required. Minimum lot depth for Sub Area E shall be as required by the
UDC.
d) Maximum Number of Lots — No limit on the number of lots that may be
created provided they meet the subdivision requirements in Chapter 3 of
the UDC and these standards.
e) Maximum Project Coverage — Percent of Impervious area: Eighty Five
Percent (85%) of the Net Area of the PUD District. With the exception of
Sub Area "E" coverage shall be calculated on a composite basis, without
regard to sub -area or parcel boundaries.
2) Size of Yards: (All Sub Areas)
a) Minimum Front Yard — No minimum yard is required between any lots
created within the PUD District. A Twenty-five foot (25') parking and
drive setback shall be required adjacent to any PUD district Boundary (not
Sub Area Boundary) that directly abuts residential Development or public
street that is OUTSIDE the Boundary of this PUD District as outlined in
Paragraph 3) below.
b) Minimum Side Yard — No side yard is required between any lots or land
uses created within the PUD District. A Twenty-five foot (25') parking
and drive setback shall be required adjacent to any PUD district Boundary
(not Sub Area Boundary) that directly abuts residential Development or
public street that is OUTSIDE the Boundary of this PUD District as
outlined in Paragraph 3) below.
c) Minimum Rear Yard - No rear yard is required between any lots or. land
uses created within the PUD District, however, a Twenty-five foot (25')
parking and drive setback shall be required adjacent to any PUD district
Boundary (not Sub Area Boundary) that directly abuts residential
Development or public street that is OUTSIDE the Boundary of this PUD
District as outlined in Paragraph 3) below.
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PUD (PD District) Ordinance
October 3, 2005 Rev. January 26 2006
Page 10
3) Thoroughfare Lot and Setback Standards:
a) The minimum front yard building setback adjacent to a specified
thoroughfare or collector street R.O.W. shall be twenty-five feet (25').
b) The minimum setback for all off-street parking, maneuvering and loading
areas from the right-of-way line of a specified major thoroughfare or
collector street R.O.W. shall be twenty-five feet (25').
c) The minimum setback for all screening walls and fences, including
residential subdivision fences, from the right-of-way line of a major
thoroughfare or collector street R.O.W. shall be ten feet (10').
d) The minimum setback for any outside storage area from the right-of-way
line of a major thoroughfare or collector street shall be one hundred and
fifty feet (150'), The setback may be reduced to twenty-five feet (25') if
such area is screened to one hundred percent (100%) opacity with a
screening wall that matches the primary on -site building material or with
live vegetation.
e) The Developer and the City of Pearland acknowledge that there are no
recognized floodways, creeks or other drainage ways proposed as linear
parks within the Pearland Town Center PUD.
f) Buildings, parking areas, or other visual obstructions shall not be located
in any required visibility triangle as defined in the UDC.
g) The required setback area as describedabove shall be landscaped, and
shall be included in the calculation of required landscape and open space
and pervious area that may be required by the City of Pearland Ordinances
or this PUD.
h) No building or parking setback shall be required from any circulation drive
created within the PUD District. There shall not be any setback or
landscape buffer requirements between properties or lots established
within the Pearland Town Center PUD (i.e., between department store
parcels and/or developer parcels or between any internal lots).
4) Height Restrictions:
a) Maximum height for retail buildings shall be 68' as measured pursuant to
the Building Height defmition specified in this PUD ordinance. Hotels,
office buildings, multi family buildings along with accent structures,
architectural towers, and feature elements may be up to 75' high.
5) Outdoor Activities or Uses:
a) The incidental display of merchandise out of doors is permitted within this
PUD district. Except as provided below, all display areas out of doors
shall be confined to a pedestrian walkway immediately adjacent to the
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PUD (PD District) Ordinance
October 3, 2005 Rev. January 26 2006
Page 11
building housing the primary use, or within any common pedestrian areas
located within Sub Area "A," including the Fountain and Carousel Plaza
area designated on the site plan. Such display may be permitted to extend
the entire length and width of any sidewalk and plaza areas, provided that
adequate pedestrian access is maintained. Adequate pedestrian access shall
be an unobstructed thirty-six inch (36") walkway. There shall be no
requirement that any display be located wholly under any permanent part
of a main business building such as a marquee. In addition sales and
display area may be located in any kiosk or pushcart location designated
on the final site plan.
b) The temporary sale of Christmas trees and products associated with
celebration of holidays or national events on any property in the Pearland
Town Center district or the temporary sale of goods in relation to special
events (e.g., Hanukkah, Presidents' Day, Easter, etc.) shall be permitted
for a period of forty-five days prior to the day of religious the holiday
celebration. No permit shall be required provided the sale area is as
specified in Paragraph a) above.
6) Common Areas:
a) All common areas within the Pearland Town Center PUD shall be
maintained by the Developer, or as provided in the Private Easement,
Restriction and Operating agreement to be developed for the entire Town
Center Development.
7) Usable Open Space Standards:
a) The following Usable Open Space Standards replace the applicable
requirements of any underlying zoning or overlay districts in the UDC as
well as the requirements of Section 2.2.2.3 (C) of the UDC.
b) Designated Usable Open Space (Open Space Standards): Open space
requirements shall be calculated based on the number of residential units
as follows: For each multi family unit or town home developed within this
PUD developer shall provide at least six hundred (600) square feet of
usable common open space for each multi family unit and nine hundred
(900) square feet for each Town House unit.
c) In addition, the following standards shall apply to all Residential
Developments.
• For each Multi family unit or town home developed within sub
area E, each area of common open space shall be within three
hundred feet (300') of all dwelling units in sub area E intended to
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PUD (PD District) Ordinance
October 3, 2005 Rev. January 26 2006
Page 12
be served by the common open space, measured along a route of
pedestrian access.
o The minimum area of any common open space shall be six
thousand (6,000) square feet.
o The minimum dimension of any common area shall be
eighty feet (80').
• For each multi -family unit or town house developed within Sub
areas A, C or D, common open space as specified in paragraph 7) b
above shall be provided and shall be located anywhere within Sub
areas A, B, C, D or F. and may be located within the required
parking and building setback areas. Each area of common open
space shall be connected to the dwelling units intended to be
served by a paved pedestrian multi -purpose trail.
o The minimum area of any common open space shall be six
thousand (6,000) square feet.
o The minimum dimension of any common area shall be
twenty five feet (25') and must include the site amenities
described in Article XI Landscaping Site amenities. Open
space provided within the landscape buffer areas adjacent
to any public street shall include a meandering, landscaped
pedestrian multi -purpose sidewalk that is accessible to the
public. Where a sidewalk is required adjacent to any public
thoroughfare, the public sidewalk shall be incorporated into
the common open space and maintained by developer.
• Each area of required common open space shall be appropriately
graded, turfed, surfaced or otherwise landscaped and provided with
suitable drainage facilities.
• Facilities such as pedestrian ways and outside swimming pools
may be included as part of the required common open space.
• off-street parking areas, service drives, and the storm water storage
portion of detention facilities shall not be included in any
calculation of required common open space.
• A maximum of twenty-five percent (25%) of the dwelling units
within a multiple -family development shall be efficiency units.
• The landscaped buffers- required in this PUD ordinance may be
counted toward meeting this common open space requirement.
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PUD (PD District) Ordinance
October 3, 2005 Rev. January 26 2006
Page 13
8) Parkland Dedication
a) Parkland Dedication will be provided in accordance with the Pearland
Codified ordinance, Chapter 3 of the UDC. The developer of any
Residential units in any Sub -Area may request to pay a PARKLAND
DEDICATION FEE at the rate of $750.00 per unit as provided in Chapter
3 of the UDC. Said fee shall be paid at the time the initial residential
occupancy permit for any residential phase of the development is
requested, and shall be based on the total number of residential units
proposed in that phase.
9) Fences & Screening:
a) The following Development Standards for Screening and Fencing replace
the applicable standards specified in the Pearland UDC underlying zoning
and overlay districts as well as the requirements of Division 4 Screening
and Fencing.
b) Nonresidential and Multiple -Family Screening Required (New
Construction) This section shall apply to the following:
• Any nonresidential use that is separated by only a public street or
has a required side or rear yard contiguous to any residential use or
residential zoning district that is located outside of this PUD
district.
• Any multiple -family use that is separated by only a public street or
has a required side or rear contiguous to any residential use or
residential zoning district that is located outside of this PUD
district.
• No fencing or screening shall be required between any uses,
parcels, lots or Sub -Areas that are located within this PUD district.
c) The following shall apply when required by the paragraph above:
• The nonresidential or multiple -family use shall construct an opaque
screening wall a minimum of six feet in height, but not to exceed
eight feet in height. The screen shall be located no closer to the
street than the property line. Such screening fence shall be
maintained in good condition. Any sections of this Code
concerning sight obstructions of intersections shall be applicable to
the screen where it is intersected by a street or throughway.
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PUD (PD District) Ordinance
October 3, 2005 Rev. January 26 2006
Page 14
• There shall be a 25-foot wide landscape buffer between
nonresidential or multiple -family and all single-family uses. The
requirement may be reduced to 15 feet if the nonresidential use is a
office/professional use. For the purpose of this section, no
screening, fencing or landscape buffer shall be required between
any Residential use and any Storm water management area that is
developed as an amenity. See Article XI Landscaping for Amenity
requirements within the storm water management area.
• Prior to construction of buffers, complete plans showing type of
material, depth of beam and structural support shall be submitted to
the Building Inspection Division for analysis to determine whether
or not:
i. The screen will withstand the pressures of time and
nature; and shall be maintained in good condition.
ii. The screen adequately accomplishes the purpose for
which it was intended.
iii. Any Wood screen shall be of a type approved by the
City of Pearland.
• The Building Official shall determine if the buffer meets the
requirements of this section. Any landscaping required by this
PUD ordinance shall be placed on the residential side of any
required screening wall.
• If the screening wall exists previous to the development of the
nonresidential or multiple -family use (as applicable), required
landscaping may be placed on the nonresidential or multiple -family
(as applicable) side of such wall.
10) Parking Area Screening Along Major and Secondary Thoroughfares.
a) Landscaping shall be required for the screening of parking areas along
major thoroughfares or secondary thoroughfares as required by Article XI
of this PUD ordinance.
b) An alternative form of screening, in lieu of the masonry wall, may be
approved by Planning Director with the Preliminary Subdivision Plat or
Preliminary Development Plat application. Alternatives that may
considered include:
• A living/landscaped screen in conjunction with decorative metal
(e.g., wrought iron, aluminum and galvanized steel ) fence sections
with masonry columns.
• A combination of berms and living/landscaped screening;
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PUD (PD District) Ordinance
October 3, 2005 Rev. January 26 2006
Page 15
• A combination of berms, decorative masonry walls and
living/landscaped screening, either with or without a decorative
metal or "WoodCrete" type of fence with masonry columns; or
• Some other creative screening alternative may be approved if it
meets the spirit and intent of this Section, if it is demonstrated to
be long-lasting and generally maintenance -free, and if the Planning
Director finds it to be in the public interest to approve the
alternative screening device.
c) Time Required for Opacity: Any required screening device shall be, or
shall achieve, at least six feet in height and at least ninety percent opacity
within one year of initial installation/planting. Any landscaping used to
achieve the purpose of required screening shall be in conformance with the
landscape requirements of this PUD ordinance.
d) Installation: The screening/wall/device shall be installed prior to final
acceptance of the subdivision public improvements. All landscape
materials, if utilized, shall be installed in accordance with the landscape
requirements of this PUD. Failure to properly install all components of a
required screening wall or device within the prescribed time frame, shall
constitute a violation of the Unified Development Code and this PUD
Ordinance, and shall authorize the City Engineer to refuse acceptance of
the subdivision public improvements.
e) Design of Walls: All masonry, wrought iron, steel or aluminum screening
wall plans and details must be designed and sealed by a licensed
professional engineer, and must be approved by the City Engineer. Use of
chain -link, chicken -wire, hog -wire fencing, and any other material similar
in appearance and quality is expressly prohibited. The use of wood is
prohibited.
f) Height of Screening: The height of required screening devices, including
spans between columns, shall be a minimum of six feet and shall be no
more than eight feet. Decorative columns, pilasters, stone caps, sculptural
elements, and other similar features may exceed the maximum eight -foot
height by up to two feet for a total maximum height of 10 feet for these
features, provided that such taller elements comprise no more than 10% of
the total wall length in elevation view.
g) Other Easements: Screening fences, walls and devices shall not be
constructed within , but may cross through, any portion of a utility or
drainage easement unless specifically authorized by the City or by any
other applicable utility provider.
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PUD (PD District) Ordinance
October 3, 2005 Rev. January 26 2006
Page 16
11) General Screening.
The following requirements shall be in addition to the foregoing landscaping and planting
requirements:
a) All loading spaces and docks, outside storage areas, refuse
containers/areas, mechanical equipment, must be screened from view from
private streets or public rights -of -way. The Rear of non-residential
buildings facing public or private streets shalt not require screening from
view provided they comply with the facade standards specified in Article
XII.
b) Approved screening techniques include masonry, evergreen vegetative
screens, landscape berms, existing vegetation or any combination thereof.
In any case in which a fence/wall is constructed to provide screening,
landscaping elements shall be incorporated along a majority of the
fence/wall. Also, in the case of roof mounted mechanical equipment,
parapet roof structures are approved for screening such equipment.
c) If a nonresidential use is adjacent to a residential use other than multiple -
family, such nonresidential use shall be screened in accordance with this
section and shall include a vegetative buffer. Stormwater Management
areas shall not be considered a non-residential use for the purpose of this
section provided that it is developed as an amenity. Refer to Article XI for
amenity requirements.
Article X. Parking Standards:
Off street parking and loading for this PUD (PD District) shall be provided in accordance
with the following minimum standards:
1) Minimum Dimensions:
a) Off street parking spaces shall be a minimum of 9' x 18' with a minimum
24' drive aisle. Both angled and parallel parking stalls are permitted.
b) Accessible Parking shall be provided in accordance with The Americans
with Disabilities Act (ADA) and the ADA Accessibility Guidelines.
2) Minimum Number Of Parking Spaces Required
a) Parking within the PUD shall be provided based on the amount of GLA
(or Floor Area if noted below) within the entire PUD and shall be provided
at the following rates on an overall or composite basis:
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PUD (PD District) Ordinance
October 3, 2005 Rev. January 26 2006
Page 17
• four and one-half (4.5) parking spaces for each one thousand
square feet of GLA retail uses (including restaurants)
• two and one-half (2.5) cars for each one thousand (1,000) square
feet of all Floor Area devoted to office one (1) parking space for
each four (4) seats in any theater or multi -purpose event or
conference center
• one (1) parking space for each rental unit in any hotel or motel
• two and one half (2.5) parking spaces for each multi -family
residential unit
b) With the exception of Sub Area E, parking spaces required to satisfy these
requirements do not need to be located on the same lot or within the same
sub -area as the particular land use. Parking is calculated on a composite
basis for the PUD as a whole, without regard to parcel ownership or land
use. The entire development will be governed by an operating agreement
granting cross access and parking easements between the parties. Parking
shall be provided within surface parking lots or within parking structures
placed anywhere within the PUD District boundary.
c) Any land uses located within Sub area E must meet the parking
requirements on a stand alone basis and must be located within Sub Area
E.
d) Accessible Parking shall be provided in accordance with The Americans
with Disabilities Act (ADA) and the ADA Accessibility Guidelines.
3) Loading Spaces
a) The number of required loading spaces shall be based on the total amount
of "Gross Leasable Area" (as opposed to Floor Area) as herein defined, but
provided at the rate (loading spaces/GLA) of 1 loading space for every
100,000 sf of Department store GLA and 1 Loading space for each multi -
tenant building. Loading spaces shall be a minimum of 12' wide by 35'
long. Loading spaces for non retail and restaurant land uses shall not be
required, however all receiving areas shall be screened from the public
ROW. Loading spaces need not be located on the same lot but must be
located within the same sub -area as the main use.
4) Access and Off -Street Parking Standards.
a) Construction of Access and off-street parking lots shall be in conformance
with the City's Engineering Design Criteria Manual (EDCM); however,
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the minimum requirements for the number and size of parking stalls shall
be as indicated above.
5) Bicycle Parking.
a) Bicycle parking spaces shall be provided at an amount equal to a minimum
of one half of one percent (1/2 %) of the required vehicular parking spaces
based on the "Composite Parking Ratio" established for the Town Center
PUD. Bicycle Parking shall only be required in Sub Area "A" and shall be
based on the required parking necessary to support development within
sub Area "A."
b) Bicycle parking shall be conveniently distributed throughout Sub Area A.
c) Each required bicycle parking space shall include a means to secure
individual bicycles.
Article XI. Landscaping and Open Space:
The following Development Standards for Landscaping and Open Space replace the
applicable Required Standards specified in the Pearland UDC underlying zoning districts
and / or any Corridor Overlay District, including Chapter 4 - Section 4.2.2.4.
1) Meaning of "Landscape Area"
a) Landscape area shall mean the area within the boundary of a lot or parcel
that is comprised of pervious surface integrated with living plant material,
including but not limited to trees, shrubs, flowers, grass, or other living
ground cover or native vegetation. The minimum average dimension of
any landscape area shall be three feet (3') wide. For the purposes of
meeting the requirements of this division, future development areas of the
site cannot be considered landscaped area, however future development
areas will not be included in the Net area calculation used to determine the
required amount of landscape open space or impervious area until such
time as the land area is developed.
b) Internal Landscaped areas shall be bounded by raised or ribbon curbs.
2) Establishment of Minimum Percentages.
a) Landscape Area: A minimum of ten percent (10%) of the net developed
lot area of property on which development, construction or reconstruction
occurs shall be devoted to landscape. Note: Percentages are based on the
total net PUD area and shall be calculated on a composite basis without
regard to lot ownership or sub area designation.
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3) Minimum Requirements.
a) The minimum landscape requirements shall be employed in accordance
with the Tree Preservation and Landscape Design Guidelines (Guidelines)
made a part hereof, to improve aesthetic appearance, to enhance the
compatibility of different land uses, and to mitigate .negative
environmental influences on land uses (e.g. heat, noise, air pollution).
b) The developer, in conjunction with the City Parks Department, shall mark
and count the number of "protected trees" that exist on site and upon
approval of the City of Pearland, shall provide mitigation based on the
number of protected trees identified in accordance with the Guidelines.
4) Landscape Irrigation:
a) All required landscaping areas shall be 100% irrigated by one of, or a
combination of, the following methods:
• An automatic underground irrigation system;
• A drip irrigation system;
• A hose attachment within 100 feet of all plant material, provided,
however, that a hose attachment within 200 feet of all plant
material in non -street yards shall be sufficient.
• All irrigation systems shall be designed and sealed in accordance
with the Texas Licensed Irrigators Act and shall be professionally
installed.
b) No irrigation shall be required for undisturbed natural areas or undisturbed
existing trees.
5) Street Trees
a) Trees in Class I or II of the Guidelines with a minimum Two inch (2")
caliper measured twelve inches (12") from the ground shall be provided
along thoroughfare and collector street frontage (Broadway, Kirby and
Business Center Drive) with the total caliper inches equal to one inch for
each fifteen feet (15') of frontage. Each required tree shall be planted in a
landscaped area of at least 36 square feet with a minimum dimension of
six feet.
6) Screening of Parking Areas.
a) Landscaping shall be required for the screening of parking areas when
parking spaces directly abut public right-of-way or property that is outside
of the PUD. No parking lot screening shall be required between internal
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lots which may be created within the PUD or between sub -areas or
circulation drives located within the PUD.
b) Front yard parking areas and side yard parking areas fronting on a public
street right of way shall be screened from the right-of-way by a continuous
hedge or berm by placing the quantity of plant material required by
paragraph f) below.
c) The side yard of any lot that contains a parking area abutting a property
outside of the boundaries of this PUD district used or zoned for a
nonresidential use shall provide a screen of hedges, berms, or fences so as
to provide a screen for a minimum of thirty-five percent (35%) of the
length of the parking lot. There shall be no parking lot screening required
between parcels, lots or land uses that may exist within the PUD.
d) The required screening may be grouped and dispersed randomly.
e) Screening between nonresidential and residential lots outside the
boundaries of this PUD district shall be provided in conformance with the
Screening and Fencing section of this PUD ordinance.
f) The minimum number of shrubs shall be equal to the total caliper inches
of street trees required under paragraph 5) a) above multiplied by five.
g) Shrubs and berms shall be maintained at a height of no more than thirty-
six inches (36") nor less than eighteen inches (18") as measured from the
surrounding soil line.
h) A nonresidential development that has a shared parking area with an
adjacent nonresidential development shall not be required to screen such
shared parking area in relation to the abutting side yard. There shall be no
requirement to screen any parking lot from any other lot within the PUD
district. The only parking lot screening that shall be required shall be at
the boundaries of the PUD district, adjacent to a public thoroughfare.
i) Each required tree shall be planted in a landscaped area of at least 36
square feet with a minimum dimension of six feet .
7) Interior of Parking Areas.
a) Interior landscaping shall be required to be integrated into the overall
design of the surface parking area in such a manner that it will assist in
defining parking lots, pedestrian paths, driveways, and internal collector
lanes, in limiting points of ingress and egress, and in separating parking
pavement from street alignments. See Landscaping within parking areas
below.
b) Tree islands must be protected from vehicle intrusion by curbs or similar
structures.
c) Two feet of the tree island may be counted as part of the required depth of
the abutting parking space if curbed and the minimum island width is six
(6) feet.
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8) Large Tracts.
a) On large tracts of land, exceptions to this division may be granted by the
Planning Director to require a lesser amount of landscaping if the
aesthetic, buffering and environmental intent of this division is met, and it
is located along rights -of -way or in strategic environmentally sensitive
areas.
9) Landscaping Within Parking Areas.
a) With the exception of parking on Town Center Drive and the East / West
Main Streets, screened service areas and parking structures, the following
minimum criteria shall be met:
• The total caliper inches shall equal one inch for each five parking
spaces. Caliper inches of street and parking lot trees may be
provided by planting a combination of trees that exceed the
minimum two-inch caliper.
• All outdoor parking areas (excluding screened service areas and
parking structures) having spaces for more than twenty (20)
vehicles shall have landscaping within the perimeter of the parking
areas so that the total interior parking lot landscaping of the PUD
District is equal in area to not less than five percent (5%) of the
total paved parking areas within the entire PUD. Landscape within
the parking areas shall be counted toward the minimum landscape
area specified in paragraph Article XI, Paragraph 2) a) above.
• No parking space shall be located more than one hundred feet
(100') from a portion of the required landscaping.
• Each landscape island within a parking lot shall be a minimum of
162 square feet as measured from outside face of curb to face of
curb, and shall allow at least two feet between any trees within the
island and the edge of the island. The average width of each island
shall be 6' wide.
• Parking lot landscaping shall not be required in any parking
structure.
• Landscape within parking lots shall not be required within the
parking areas on the drives designated Town Center Drive or Main
Streets, however street trees shall be planted in sidewalks adjacent
to each drive.
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10) Landscaping On -Site and Related Location.
a) The landscaped area required by under this Article XI may be placed
anywhere within the PUD without regard to interior lot or sub -area.
b) Except as required in paragraphs 5, 6 and 9 above, there shall be no
requirement that any portion of the landscape area required under this
section be installed in any specific location, provided that landscape area is
generally equally distributed throughout the PUD.
c) Undeveloped portions of a tract or lot shall not be considered landscaped
and shall not be included in the calculation of land area until they are
developed.
11) Tree Credits.
a) Tree credits shall be given pursuant to Chapter 4, Article 2, Division 3 of
the UDC.
12) Adjacent to a Single -Family Use or Zoning District.
a) When a nonresidential development is established on a tract of land that is
adjacent to a single-family development or to property zoned for single-
family use, there shall be a twenty -five-foot (25') wide landscaped buffer
along the property line that is adjacent to such use or district. The
landscaped buffer shall remain open and unobstructed (i.e., no parking,
driveways, or other use of the buffer area), and shall be planted with
ground cover, such as grass or ivy. This landscaped buffer may be located
within the required yard/setback area.
b) Storm water Management Areas shall not be considered a non-residential
use for the purpose of this section provided they are developed as an
amenity as described below.
13) Amenity Treatment
a) Any common open space that is designated an Amenity shall contain a
minimum eight foot (8') wide multi purpose nature trail. The trail will be
enhanced with naturalistic landscape plantings including canopy shade
trees, understory ornamental trees, and accent shrubs and shall be
interconnected to other open space areas with pedestrian walkways.
Landscape planting required by other sections of this ordinance shall be
utilized for trail enhancement. Each common open space shall have at least
one paved seating area. Seating areas shall contain appropriate site
furnishings, including benches and waste receptacles.
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b) In addition to the above, the multi purpose trail within the storm water
management area (sub area F) shall contain a minimum of (4) seating
areas with benches and trash receptacles and shall contain, on average, a
minimum of one (1) flowering and two (2)shade trees for every (100 Lin.
ft.) of trail together with (15) accent shrubs. Trees will be staggered on
each side of the trail and will be clustered to provide a naturalistic
arrangement.
14) Greenway
a) As a condition of this PUD approval, Developer shall construct the
landscape areas adjacent to the surrounding public streets and adjacent to
the storm water management area as a public Greenway as illustrated on
the site plan and shall incorporate the amenity treatment described in
Section 13 above, even if no multi family/residential is developed on site.
The greenway areas shall be considered part of the required residential
open space and parkland if multi -family residential is developed.
Article MI. Building Design Standards.
1) General
a) The following Building Design Standards replace the Building Design
Standards specified in the Pearland UDC underlying zoning and overlay
districts including the requirements of Chapter 4.
2) Building Articulation:
a) Building articulation, which is the expression or outlining of parts of the
building by its architectural design, shall be provided in order to achieve
the following:
• Create a complementary pattern or rhythm, dividing large buildings
into smaller, identifiable portions.
• Break up the building mass through offsets and other methods that
articulate the horizontal and vertical building planes.
• Incorporate details that create shade and cast shadows to provide
visual relief.
• Vertical reveals and projections to express a rhythmic pattern
across the elevation.
b) Other architectural details which may include texture, pattern, vertical and
horizontal relief and other treatment that will reduce the visual impact of
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long blank walls. Foundation landscaping (where appropriate outside of
Town Center Streets) designed to complement the building architecture is
encouraged but not required.
c) Entrances to buildings shall be emphasized through the use of appropriate
accent materials, a variety of wall height and building massing facade
offsets and by developing dramatic combinations of architectural forms.
Building entries should be highlighted by facade offsets and architectural
accents.
d) Building articulation shall be provided as specified in the following:
• All nonresidential structures fifty thousand (50,000) square feet in
size or greater, except department stores, shall incorporate
architectural variation of at least three feet in depth for every
twenty-five feet (25') in facade length.
• All nonresidential structures less than fifty thousand (50,000)
square feet shall incorporate architectural variation of at least one
foot in depth for every twenty feet (25') in facade length.
3) Building Design:
a) Materials - Eighty Five percent (85%) of all buildings walls that are not
transparent, including parking structures, visible from any specified
public street, shall be covered with masonry, or any of the following
materials:
• natural and synthetic stone
• cement board siding,
• precast concrete,
• cast and cultured stone,
• Glass Fiber Reinforced materials such as Concrete and Gypsum
• Exterior Insulation and Finishing Systems (EIFS)
• Synthetic Stucco
b) Corrugated metal and exposed fasteners are prohibited. Architectural
metals are prohibited except for miscellaneous trim work or provided that
they are approved by the planning director.
c) There shall be no requirement that any exterior wall facing any specified
major thoroughfare be transparent, provided that the building facade is set
back a minimum of ninety feet (90') from the right of way. Any exterior
building wall that is closer than 90' to the right-of-way line of any
specified major thoroughfare or collector street shall be required to be
twenty five percent (25%) transparent.
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d) All facades of an individual building, multiple buildings in a shopping
center, or integrated business development, and all roofing in a shopping
center of integrated business development shall have similar architectural
design, color, and materials as specified in Paragraph 1) f) above.
e) Building colors shall conform to = = the City of Pearland's approved color
palate or a supplemental = color palette established by developer and
approved by the planning director.
4) Building Form:
a) A variety of architectural details, materials and building forms shall be
permitted throughout the development. All portions of a structure shall
have a unified design treatment, appropriate in scale and harmonious with
other structures in the development.
5) Roof Form / Type
a) Permitted roof forms include, flat, pitched, arched and shed roofs. There
shall be no restriction on the type of roof system incorporated into the
design.
6) Retail Arcades and Entrance
a) There shall be no requirement that any pedestrian arcade or canopy
structure be constructed adjacent to or in front of any retail structures.
Building entries must be easily identified by customers and must be
accentuated by an architectural expression or by accent landscape or
hardscape treatment.
7) Screening
The following site elements shall be screened from the public view from all specified
major thoroughfares.
a) Mechanical and Utility Equipment:
• Screening shall consist of a decorative wall or architectural
element of the building that is one hundred percent (100%) opaque.
• Roof -mounted equipment shall be screened with materials that are
one hundred percent (100%) opaque. Appropriate screening
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includes an extension of the wall, such as a parapet wall, on which
the equipment is mounted.
b) Vehicle Loading and Unloading Areas
Screens shall incorporate shrubbery having year-round foliage and\or a
wall or architectural element of the building that is a minimum of six
feet in height and shall be, or shall achieve, at least six feet in height
and at least seventy-five percent (75%) opacity within one year of
initial installation/planting. Plant material used to meet this
requirement shall be a minimum 4' high at time of planting.
• Refuse, Refuse Containers, and Recycling Containers
• Screens shall consist of a solid wall or architectural element of the
building that is a minimum six feet in height.
• Screening Elements Required:
• All screening walls visible from a public street shall be constructed
of masonry materials that are consistent with the color and design
of the primary on -site structure.
• Consistent in color and design with the building architecture.
• Uniform in style and materials along the entire length of the screen
within a single development.
• Screening Elements Prohibited:
No fence or wall visible from a public street shall be:
• Greater than eight feet in height.
• Located within any required visibility triangle.
• Constructed with any of the following materials: surface painted or
coated concrete, chain link, concertina wire, barbed wire,
corrugated metal, wood panels or fiberglass panels.
Article XIII. Lighting Standards:
1) General lighting criteria
a) A parking lot lighting system using Metal Halide lighting shall be installed
to provide a minimum illumination of 1.0 foot candle average between
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poles on all paved areas during business hours. Higher light levels are
permitted at entrances and other significant pedestrian and vehicular areas
as determined by developer, consistent with standard industry practice.
b) All lighting must be arranged or shielded (dark sky fixtures) to avoid
excessive glare onto any portion of the Town Center or adjacent
properties or city R.O.W. Flood light type fixtures are prohibited, except
in service areas, provided light source is not visible by the general public
during business hours. Architectural accent lighting of any type is
permitted throughout the PUD.
c) Parking lot areas shall have round tapered poles and concrete bases
throughout Town Center with a maximum height forty (40') foot, light
standards and fixtures may be varied in design, color and height to provide
for different lighting for different situations. Bollard, accent and pedestrian
scale lighting shall be permitted, as well as directional lighting to accent
architectural features and amenities.
d) Light fixtures shall be selected to complement building architecture.
Finishes of any externally exposed fixtures must match the adjacent
surface finish.
e) Security lighting for all paved areas shall be provided.
f) The use of building mounted fixtures to illuminate parking areas is
prohibited except for parking within receiving areas.
g) Wooden light poles are not permitted.
2) Vehicular Circulation & Parking Areas:
a) Metal Halide fixtures shall be used with no direct glare onto adjacent
properties or public streets. The glare from such fixtures shall be shielded
from adjacent properties and/or public streets.
b) Standards, poles, and fixtures shall be compatible in color and in design
throughout the site and no taller than 40' tall. Accent and pedestrian
lighting may be included with maximum pole height of 16' tall
3) Walkway Lighting:
a) Walkway lighting comprised of standard, pole, bollard and wall mounted
fixtures shall be no greater than sixteen feet (16') above grade.
4) Accent Lighting:
a) Up lighting shall be concealed or positioned to screen the light source
from adjacent property.
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b) Floodlighting or spotlighting of architecture, graphics, or natural features
shall not create spillage of light onto adjacent property or public streets.
Article XIV. Thoroughfare and Collector Sidewalk Standards.
1) Location:
a) The required sidewalk along all major thoroughfares and collector streets
may be located within the front yard building and parking setbacks as well
as the parkway area from the back of curb to the right-of-way line.
Required sidewalks may be incorporated into the required residential open
space as a part of a multi purpose pedestrian walkway system.
b) Easement Required: A ten foot (10') wide public use easement shall be
provided for the required sidewalk when placed outside of street right-of-
way.
c) Curved Alignment Required: The required sidewalk shall have a curved
alignment for at least fifty percent (50%) of the major thoroughfare street
frontage. Sidewalks on intersecting streets or internal walkways shall not
have a curved alignment.
2) Construction Criteria: Construction criteria for the required sidewalk:
a) Minimum six feet wide. Greenway area multi -purpose walkways shall be
eight feet (8')wide.
b) Minimum eighty -foot (80') centerline radius, maximum intersection angle
of twenty degrees, and maximum twenty -foot (20') foot tangent between
sidewalk curves.
c) Minimum six-foot separation between back of street curb and edge of
sidewalk, except at street intersections and bridge approaches.
d) Sidewalk approaches, including the wheelchair ramp, to street and
driveway intersections shall be straight and parallel to the adjacent street
for a minimum of ten feet (10').
e) Detailed construction plans shall be submitted to the City Engineer for
approval prior to construction of the sidewalk. Sidewalk construction shall
be designed and constructed and furnished in conjunction with the offsite
roadway improvements being provided under the terms of the
Development Agreement between the City of Pearland and Developer.
f) Deviations from these criteria may be approved by the City Engineer for
good cause such as cases of unusual or unique topography or to preserve
desirable natural features.
g) A minimum six-foot wide pedestrian sidewalk shall connect the perimeter
sidewalks to the Town Center Drive and east west Main street sidewalk
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circulation system. This connecting sidewalk shall be accessible, readily
visible, and paved.
h) The multi -purpose walkways within the greenway area shall meet the City
of Pearland sidewalk construction standards when adjacent to any public
street. The multi -purpose trails within the storm management area (Sub
Area F) shall be constructed with concrete, asphalt or other hard surface
material such as crushed limestone with fines, well compacted gravel, or
other hard surface material approved by the City of Pearland.
Article XV. Utilities.
1) All proposed utility lines within the PUD development including water supply,
sanitary sewer service, electricity, telephone and gas as well as their connections shall
be placed underground, with the exception of the existing overhead electric lines
crossing through or adjacent to the PUD or installed along Kirby Road, Broadway or
Business Center Drive. Meters, transformers, etc. may be placed above ground
provided they are located within screened areas or are otherwise screened from view
to the general public.
2) If required to accommodate utility extensions through the PUD District, a sixteen -foot
(16') wide utility easement along the rear lot line or other approved onsite utility
corridor shall be provided to accommodate underground utility distribution lines,
including but not limited to, electric, phone, and cable television.
Article XVI. Storm Water Management
1) The proposed storm water management area in sub area F shall be designed to control
storm water run-off from Sub Areas A through D. Water Quality will be controlled
through the use of a wet detention basin(s), and by methods as required by Pearland's
engineering design criteria manual in force as of the date of this ordinance. Separate,
stand alone storm water management facilities will be provided on Sub Area E to
accommodate runoff from that sub area. All Storm water management plans must be
approved by the City Engineer
2) Storm water management will be designed in accordance with generally accepted
engineering practice and in accordance with methodology recommended by the
drainage district and the City of Pearland.
3) Cross access easements shall be provided between each parcel that is created within
this PUD to insure conveyance of storm water to the storm water management area.
Article XVII. Signage
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1) General Standards & Requirements
a) Applicability. All signs shall be erected, displayed, altered and
reconstructed in conformance with this division. Where the requirements
of this division for a particular sign are different than comparable
requirements contained in any other law, ordinance or regulation, the
requirements and standards established in this PUD text shall govern.
2) Signage has been classified by the following types:
a) Town Center identification signs, including Pylon Sign.
b) Department Store and Event Center exterior signs.
c) Main Street Tenant exterior signs.
d) Free Standing Out Parcel Building signs.
e) Directional, Informational and Traffic Control signs.
f) Service Door signs.
3) General Criteria
a) No exterior sign shall be permitted upon any parcel comprising the
Pearland Town Center PUD that:
• flashes, blinks, rotates, moves, is animated or emits any sound,
provided; however, that any theater, event center or developer
information kiosk, reader boards or electronic displays located
within Sub -areas "A" or "C" shall not be deemed to be flashing or
moving signs for the purpose of this criteria.
• is painted on the exterior surface of any building, installed upon the
roof of any building. In Sub Area A, exterior wall treatments may
include painted wall or advertising signs, provided that such
painted signs are designed as an integral part of the architectural
theme being developed for the Town Center or Tenant Store.
• The architectural character of signs shall complement and be
coordinated with building designs.
• No exterior sign, sign panel or logo incorporated will be permitted
to extend above any roof line.
4) Town Center Identification Signs
a) One ground monument Town Center identification sign shall be permitted
for each of the four (4) driveway entrances to the development. The
Ground signs may be mirrored on both sides of each entry driveway to
create a gateway entry feature. Each sign shall be limited to 10' height and
shall not exceed = 100 square feet per face, per side of entrance. In the
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event Town Center identification is incorporated into any proposed entry
wall or landscape feature only the actual area of sign text and any logo
identifying the development shall be measured.
b) =One additional ground monument identification sign shall be permitted in
Sub -Area E, provided it is coordinated with the design of the ground
monument signs at the Kirby Road entry drives. Sub Area E sign shall
meet the size requirements of Paragraph 4 a) above.
5) Department Store and Event Center Exterior Signs
a) The maximum allowable number of signs per Department Store or Event
Center is Four (4). Signs on one elevation must be contained in one area
and not exceed 400 s.f. per sign.
b) The maximum height of all individual sign letters shall not exceed 72" for
capital and lower case letters, with the top of the department store
exterior signs being limited to a height of 40' above the average exterior
grade.
c) As an alternative to the above, one (1) Primary Wall Sign may be
permitted with 96" high letters, provided the remaining three permitted
wall signs are limited to 60" high letters.
d) No exterior sign, sign panel or logo incorporated will be permitted to
extend above any roof line.
e) Any Event Center may have an electronic changeable message sign = not to
exceed 400 SF. See UDC Section 4.2.5.3 par. 7 for requirements.
6) Main Street Tenant Exterior Signs
a) All tenant stores located within sub -area "A" shall be permitted an exterior
building sign for each separate exterior "customer" entrance. Tenant signs
shall not exceed 70% of the store front length on which the sign is placed.
Letter height shall not exceed 36" in height except hotels which shall be
permitted 60" high letters. Blade signs, canopy signs and three
dimensional signs are also permitted, provided the total tenant signage
does not exceed the maximum calculated square footage available based
on tenant frontage.
7) Free Standing Out Parcel Buildings Signs (Sub areas B, C, and D only)
a) The maximum allowable number of signs per free standing building is one
(1) sign for each public street or circulation drive frontage. = Signs must
be contained in one area on the facade and shall not exceed 70 % of length
of the building face to which it is attached. Letter height shall not exceed
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36" in height except hotels which shall be permitted 60" high letters. One
detached ground monument sign shall be permitted within Sub Areas B
through D for each individual building and such sign shall not exceed five
(5') feet in height and not exceed 45 square feet in surface area per face.
Monument sign base shall match the primary exterior building materials,
and shall conform to a standardized ground monument sign detail to be
established by Developer.
b) Flat wall signs shall not extend more than 8" beyond the face of the
surface to which the sign is mounted. Blade signs, canopy signs and three
dimensional signs are also permitted, provided the total tenant signage
does not exceed the maximum calculated square footage available based
on tenant frontage.
c) Signs shall be composed of individual, free-standing letters. No "belt" or
"box" type signs or "pillow" signs will be permitted unless they are part of
a tenants national identity. All necessary sign supports and electrical
connections shall be concealed.
d) All signs must be illuminated and shall derive light from a concealed
source. No exposed lamps, globes or tubes will be permitted. Minimum
return depth for illuminated signs shall be 5". Illuminated signs may be
"pegged out" from mounting surface for silhouette effects.
e) Lettering on all store signs shall be limited to business or trade name of the
premises. No sign manufacturer's name, union labels, or other lettering
shall be visible. Logo signs will be reviewed on an individual basis by
Developer, but in general, national tenants with recognizable logos within
or adjacent to their trade name are acceptable. All logos shall adhere to
the requirements of this criteria.
f) No exterior sign or sign panel will be permitted to extend above any roof
line.
8) Directional, Informational and Traffic Control Signs
a) All traffic control signage on public streets shall conform to the size
requirements of the "Manual of Uniform Traffic Control Devices and the
City of Pearland."
b) Pedestrian directional signs, information kiosks and electronic information
devices shall be permitted throughout the Town Center Sub Area A and
Event Center Sub Area C without limitation, provided that they are used
solely to convey directional, town center special event, public service and
related information to the general public.
c) Directional signage identifying receiving and loading areas, access routes
and other elements requiring further identification are permitted provided
they have a consistent design and appearance coordinated with the other
Town Center identification signs.
PEARLAND TOWN CENTER
PUD (PD District) Ordinance
October 3, 2005 Rev. January 26 2006
Page 33
9) Service Door Signs
a) Each Tenant shall be permitted to install one sign on a service door to
identify the name of the business. The content of the sign shall be limited
to the name of the business only.
b) The lettering shall be consistent color and type style, two inches high, and
shall be located no higher than 5'-6" above finish floor.
10) Announcement Signs
a) The following types of Announcement signs shall be permitted within the
PUD:
• Project Announcement Signs- Limited to two (2) Overall
Development Signs not exceeding 96 = SF per face each sign, and
one (1) additional sign for each sale or lease parcel created by
Developer, not exceeding 64 SF per face for each additional sign.
• Banners, Pennants and Temporary Signs used for advertising
purposes provided that they are not visible from public streets. On
premise externally illuminated portable signs, banners, and
windblown signs such as pennants, flags, and streamers for special
events and grand openings shall be permitted provided they do not
exceed 20 SF in area. There shall be no limit on the amount of
Developer placed Banners, flags or signs along Town Center
Drive, East or West Main Streets or other circulation routes within
the PUD.
• Project Announcement signs shall be removed within 30 days after
an occupancy permit is issued.
• Land Available and Real Estate Signs. Signs offering land
available for sale or lease shall be limited to 64 SF per sale or lease
parcel provided that no more than one sign be installed for each
500 feet of frontage.
PEARLAND TOWN CENTER
PUD (PD District) Ordinance
October 3, 2005 Rev. January 26 2006
Page 34
v
EXHIBIT A
DESCRIPTION OF A
150.7819 ACRE TRACT
OUT OF
H.T. & B.R.R. CO. SURVEY A-300, SECTION 81
BRAZORIA COUNTY, TEXAS
Description of 150.7819 acres (6,568,056 square feet) of land out of a called 154.0026 acre tract
described in deed to Peyton Martin, Trustee recorded under File Number 91-000518 of the
Official Records of Brazoria County (B.C.O.R), and all of a called 2.30 acre tract described in
deed to Peyton Martin, Trustee recorded under File Number 02-041088 (B.C.O.R), located in the
H.T. & B.R.R. CO. Survey, Abstract 300, Section 81 Brazoria County, Texas and being more
particularly described by metes and bounds as follows:
COMMENCING at a 1/2-inch iron rod found for the southeast comer of said 154.0026 acre tract
and the common comer of a called 10.01 acre tract described in deed, recorded under File
Numbers 02-038043 and 2005-015755 (B.C.O.R), and being in the centerline of County Road
Number 566 (Morris Road) (60' right-of-way) recorded in Volume 2, Page 98 of the Brazoria
County Plat Records (B.C.P.R.), in Volume 881, Page 232 and Volume 885, Page 305 of the
Brazoria County Deed Records (B.C.D.R.);
THENCE South 87 degrees 50 minutes 36 seconds West, with the south line of said 154.0026
acre tract, a distance of 30.01 feet to a 5/8-inch iron rod with cap stamped Carter & Burgess set
for the west right-of-way line of County Road Number 566 and for the southeast comer and the
POINT OF BEGINNING of the herein described tract;
THENCE South 87 degrees 50 minutes 36 seconds West, departing said west right-of-way line
with the south line of 154.0026 acre tract, a distance of 848.34 feet to a 5/8-inch iron rod with
cap stamped Carter & Burgess set for the northeast corner of Southgate, Section Two, a
subdivision as shown on the plat thereof recorded in Volume 24, Page 278 (B.C.P.R.);
THENCE South 86 degrees 38 minutes 25 seconds West, with the south line of said 154.0026
acre tract and the common line of said Southgate, Section Two, at a distance of 1,313.12 feet
pass a 5/8-inch iron rod with cap stamped GEO SURV. found for the northwest comer of said
Southgate, Section Two and being in the north line of the residue of a called 173.49 acre tract
described in deed to Lingo Southgate LTD., recorded under File Number 01-053025 (B.C.O.R),
for a total distance of 1,552.60 feet to a 5/8-inch iron rod with cap stamped Carter & Burgess set
for comer in the east line of Southgate, Section One, a subdivision as shown on the plat thereof
recorded in Volume 24, Page 123 (B.C.P.R.);
THENCE North 03 degrees 19 minutes 11 seconds West, with said east line, a distance of 530.01
feet to a 5/8-inch iron rod with cap stamped GEO SURV. found for comer;
THENCE North 62 degrees 08 minutes 26 seconds West, with the northeast line of said
Southgate, Section One, at a distance of 240.54 feet pass the southeast comer of a called 2.30
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acre tract described in deed to Peyton Martin, Trustee recorded under File Number 02-041088
(B.C.O.R), for a total distance of 615.49 feet to a 5/8-inch iron rod with cap stamped Carter &
Burgess set in the east right-of-way line of Kirby Drive (100' right-of-way) recorded in Volume
24, Page 123 (B.C.P.R.);
THENCE North 27 degrees 51 minutes 37 seconds East, with said east right-of-way line and the
common line of 2.30 acre tract, a distance of 331.62 feet to a 5/8-inch iron rod with cap stamped
Carter & Burgess set for corner and the beginning of a non -tangent curve to the left;
THENCE in a northerly direction with said common line and with a non -tangent curve to the
left, having a radius of 1,650.00 feet, a central angle of 31 degrees 16 minutes 38 seconds, a
chord bearing of North 12 degrees 19 minutes 24 seconds East, a chord distance of 889.57 feet,
at an arc distance of 18.48 feet pass a 5/8-inch iron rod with cap stamped Carter & Burgess set
for the northeast corner of Southgate, Section One, and the common corner of 2.30 acre tract and
being the southeast corner of a called 3.45 acre tract described in deed to Lingo Southgate LTD.,
recorded under File Number 02-041090 (B.C.O.R), with the east line of said 3.45 acre tract for a
total arc distance of 900.72 feet to a set 5/8-inch iron rod with cap stamped Carter & Burgess for
corner;
THENCE North 03 degrees 18 minutes 55 seconds West, with the east line of said 3.45 acre
tract, at a distance of 569.62 feet pass the proposed southwest comer of a called 1.271 acre tract
for a future south right-of-way line of County Road Number 92 (F.M. 518)(Broadway)(right-of-
way varies), from which a found 5/8-inch iron rod with cap stamped C.L. DAVIS bears South 79
degrees 20 minutes 16 seconds West, a distance of 0.15 feet, for a total distance of 639.62 feet to
a mag nail with washer stamped Carter & Burgess set in asphalt in the centerline of County Road
Number 92 recorded in Volume 2, Pages 98 and 99(B.C.P.R.) and being the common line of said
154.0026 acre tract;
THENCE North 86 degrees 46 minutes 23 seconds East, with said common line, at a distance of
790.92 feet to a mag nail with washer stamped Carter & Burgess set in asphalt for the northwest
corner of a 5.00 acre tract described in deed, recorded under File Numbers 91-920337 and 01-
056527 (B.C.O.R) and the common comer of said 154.0026 acre tract and being the projected
centerline of County Road Number 896(Glosson Road)(40' right-of-way) recorded in Volume 2,
Page 98(B.C.P.R.), for a total distance of 1,670.81 feet to mag nail with washer stamped Carter
& Burgess set in asphalt for the northeast corner of said 5.00 acre tract and the common corner
of said 154.0026 acre tract and being in the centerline of said County Road Number 92;
THENCE North 86 degrees 46 minutes 44 seconds East, with the centerline of County Road
Number 92 and the common line of said 154.0026 acre tract, a distance of 386.31 feet to the
northeast corner of a called 4.304 acre tract described in a deed to the State of Texas, recorded in
Volume 1041, Page 455(B.C.D.R.) and the common comer of said 154.0026 acre tract;
THENCE, with the east line of said 4.304 and the common line of said 154.0026, the following
six (6) courses and distances;
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1. THENCE South 03 degrees 26 minutes 09 seconds East, at a distance of 20.41 feet pass a
concrete monument with spindle found for the south right-of-way line of said County
Road Number 92, for a total distance of 60.53 feet to a found concrete monument with
spindle for corner;
2. THENCE North 87 degrees 01 minutes 06 seconds East, a distance of 63.30 feet to a
found concrete monument with spindle for corner;
3. THENCE South 49 degrees 03 minutes 52 seconds East, a distance of 71.76 feet to a
found concrete monument with spindle for corner and the beginning of a non -tangent
curve to the left;
4. THENCE in a southeasterly direction with a non -tangent curve to the left, having a radius
of 746.20 feet, a central angle of 36 degrees 08 minutes 02 seconds, a chord bearing of
South 25 degrees 11 minutes 02 seconds East, a chord distance of 462.83 feet, an arc
distance of 470.59 feet to a found TXDOT concrete monument for corner;
5. THENCE South 42 degrees 39 minutes 27 seconds East, a distance of 19.90 feet to a
found TXDOT concrete monument for corner;
6. THENCE in a southeasterly direction with a non -tangent curve to the right, having a
radius of 686.20 feet, a central angle of 40 degrees 21 minutes 08 seconds, a chord
bearing of South 23 degrees 13 minutes 21 seconds East, a chord distance of 473.35 feet,
an arc distance of 483.28 feet to a found TXDOT concrete monument for corner and
being in the west right-of-way line of County Road Number 566.
THENCE South 03 degrees 14 minutes 20 seconds East, with said west right-of-way line, a
distance of 1,640.38 feet to the POINT OF BEGINNING and containing 150.7819 acres of land.
Bearings are based on the Texas State Plane Coordinate System, South Central Zone, NAD 83
(1986) established by GPS Static Survey from City of Pearland Control Point designation
GPS 9.
Job No. 031657.010
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EXHIBIT A
DESCRIPTION OF A
18.251 ACRE TRACT
OUT OF
H.T. & B.R.R. CO. SURVEY A-300, SECTION 81
BRAZORIA COUNTY, TEXAS
Description of 18.251 acres (794,994 square feet) of land out of a called 154.0026 acre tract
described in deed to Peyton Martin, Trustee recorded under File Number 91-000518 of the
Official Records of Brazoria County (B.C.O.R), located in the H.T. & B.R.R. CO. Survey,
Abstract 300, Section 81 Brazoria County, Texas and being more particularly described by metes
and bounds as follows:
COMMENCING at al/2-inch iron rod found for the southeast comer of said 154.0026 acre tract
and the common comer of a called 10.01 acre tract described in deed, recorded under File
Numbers 02-038043 and 2005-015755 (B.C.O.R), and being in the centerline of County Road
Number 566 (Morris Road) (60' right-of-way) recorded in Volume 2, Page 98 of the Brazoria
County Plat Records (B.C.P.R.), in Volume 881, Page 232 and Volume 885, Page 305 of the
Brazoria County Deed Records (B.C.D.R.);
THENCE South 87 degrees 50 minutes 36 seconds West, with the south line of said 154.0026
acre tract, at a distance of 30.01 feet pass a 5/8-inch iron rod with cap stamped Carter & Burgess
set for the west right-of-way line of County Road Number 566, departing said west right-of-way
line with the south line of 154.0026 acre tract, a for a total distance of 878.35 feet to a 5/8-inch
iron rod with cap stamped Carter & Burgess set for the northeast corner of Southgate, Section
Two, a subdivision as shown on the plat thereof recorded in Volume 24, Page 278 (B.C.P.R.);
THENCE South 86 degrees 38 minutes 25 seconds West, with the south line of said 154.0026
acre tract and the common line of said Southgate, Section Two, at a distance of 1,313.12 feet
pass a 5/8-inch iron rod with cap stamped GEO SURV. found for the northwest comer of said
Southgate, Section Two and being in the north line of the residue of a called 173.49 acre tract
described in deed to Lingo Southgate LTD., recorded under File Number 01-053025 (B.C.O.R),
for a total distance of 1,552.60 feet to a 5/8-inch iron rod with cap stamped Carter & Burgess set
for corner in the east line of Southgate, Section One, a subdivision as shown on the plat thereof
recorded in Volume 24, Page 123 (B.C.P.R.);
THENCE North 03 degrees 19 minutes 11 seconds West, with said east line, a distance of 530.01
feet to a 5/8-inch iron rod with cap stamped GEO SURV. found for corner;
THENCE North 62 degrees 08 minutes 26 seconds West, with the northeast line of said
Southgate, Section One, at a distance of 240.54 feet pass the southeast comer of a called 2.30
acre tract described in deed to Peyton Martin, Trustee recorded under File Number 02-041088
(B.C.O.R), for a total distance of 615.49 feet to a 5/8-inch iron rod with cap stamped Carter &
Burgess set in the east right-of-way line of Kirby Drive (100' right-of-way) recorded in Volume
24, Page 123 (B.C.P.R.);
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THENCE North 27 degrees 51 minutes 37 seconds East, with said east right-of-way line and the
common line of 2.30 acre tract, a distance of 331.62 feet to a 5/8-inch iron rod with cap stamped
Carter & Burgess set for comer and the beginning of a non -tangent curve to the left;
THENCE in a northerly direction with said common line and with a non -tangent curve to the
left, having a radius of 1,650.00 feet, a central angle of 00 degrees 38 minutes 31 seconds, a
chord bearing of North 27 degrees 38 minutes 27 seconds East, a chord distance of 18.48 feet, an
arc distance of 18.48 feet to a 5/8-inch iron rod with cap stamped Carter & Burgess set for the
northeast comer of Southgate, Section One, and the common corner of 2.30 acre tract and being
the southeast comer of a called 3.45 acre tract described in deed to Lingo Southgate LTD.,
recorded under File Number 02-041090 (B.C.O.R);
THENCE South 86 degrees 40 minutes 49 seconds West, with the north line of said Southgate,
Section One, and the common line of said 3.45 acre tract, a distance of 116.80 to a 5/8-inch iron
rod with cap stamped Carter & Burgess set for the southwest comer of said 3.45 acre tract, and
the southeast comer and the POINT OF BEGINNING of the herein described tract;
THENCE South 86 degrees 40 minutes 49 seconds West, with the north line of said Southgate,
Section One, a distance of 625.90 feet to a 5/8-inch iron rod with cap stamped Carter & Burgess
set for the northeast corner of Southgate, Section One, and the east line of a called 20.0 acre tract
described in deed to William C. Walsh, recorded under File Number 96-008397 (B.C.O.R);
THENCE North 03 degrees 18 minutes 55 seconds West, with the west line of said 20.0 acre
tract and the west line of a called Lot 48 described in deed to William C. Walsh, recorded under
File Number 96-008394 (B.C.O.R), at a distance of 488.72 pass a 2-inch iron pipe, for a total
distance of 987.52 feet to a point for the northeast comer of said Lot 48, and the common comer
of a called 9.9200 acre tract described in deed to W.C. Properties, recorded under File Number
03-020908 (B.C.O.R), from which a found 5/8-inch iron rod bears South 80 degrees 38 minutes
27 seconds West, a distance of 1.10 feet and from which a found 2-inch iron pipe bears North 48
degrees 54 minutes 07 seconds West, a distance of 0.62 feet;
THENCE North 86 degrees 41 minutes 05 seconds East, with the south line of said 9.9200 acre
tract, a distance of 872.99 feet to a point for the northeast corner of the herein described tract,
and being the common comer of said 3.45 acre tract and the common comer of a called 0.05 acre
tract, described in deed to Lingo Southgate LTD., recorded under File Number 02-041089
(B.C.O.R), from which a found 5/8-inch iron rod bears South 52 degrees 05 minutes 57 seconds
West, a distance of 1.21 feet;
THENCE South 03 degrees 18 minutes 55 seconds East, with the west line of said 3.45 acre
tract, a distance of 146.67 feet to a 5/8-inch iron rod with cap stamped Carter & Burgess set for
comer and the beginning of a curve to the right,
THENCE in a southerly direction with the west line of said 3.45 acre, and a curve to the right
having a radius of 1,550.00 feet, a central angle of 31 degrees 10 minutes 45 seconds, a chord
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bearing of South 12 degrees 16 minutes 28 seconds West, a chord distance of 833.11 feet, an arc
distance of 843.48 feet to a set 5/8-inch iron rod with cap stamped Carter & Burgess for corner;
THENCE South 27 degrees 51 minutes 50 seconds West, with the west line of said 3.45 acre, a
distance of 44.81 feet to the POINT OF BEGINNING and containing 18.251 acres of land
Bearings are based on the Texas State Plane Coordinate System, South Central Zone, NAD 83
(1986) established by GPS Static Survey from City of Pearland Control Point designation
GPS 9.
This description was prepared in conjunction with a survey drawing by Carter & Burgess, Inc.
dated July 7, 2005 and revised on August 23, 2005.
Carter & Burgess, Inc.
713-869-7900
Job No. 031657.010
Page 3 of 3
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1.1111111.1.11.111111.0MMIP
Peripheral
Developnrlent VI
Dillards
2-level
CBL & ASSOCIATES PROPERTIES, INC.
2030 HAMILTON PLACE BLVD.CHATTANOOGA, TN 37421-6511
Jr Retail A
Building 200
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Building 800
Retail Building
1100
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PEARLAND TOWN CENTER
PEARLAND, TX
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Macy's
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SITE PLAN
1468 west 9- street #653
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Proposed County Road 566
Interstate 288
Note: sub -area limits shown are conceptual and may be
modified upon approval of Planning Director
:11.1
CBL & ASSOCIATES PROPERTIES, INC.
2030 HAMILTON PLACE BLVD.CHATTANOOGA, TN 37421-6511
PEARLAND TOWN CENTER
PEARLAND, TX
SUB -AREA MAP
1468 west 9-- street. 6600
cieve!and, ohio 44113
216.781.9144 216.781.6566 fax
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OUTDOOR -
SEATING
OUTDOOR
SEATING
The Architecture of Life
r
Pearland Town Center
• PUD Addendum
June 1, 2006
Approved,
6-06--0(p
RECE aVED
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COUNTY ROAD N0. 92
OWNERS 'IP EXHI
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SCALE 1" = 500'
PEYTON MARTIN
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ANDREW PHUC HO do HAI KIM PHAM
CRY OF PEARLAND
WILWIM C. WALSH
W. C. PROPERTIES
CARTER & BURGESS. INC.
es-MIKMEMI
MAIM TXTRWINI
PEARLAND TOWN CENTER
PUD (PD District) Ordinance
Pearland, Texas
October 3, 2005
Revised December 20, 2005
Revised January 8, 2006
Revised January 17, 2006
Revised January 26, 2006
Revised February 15, 2006
Revised March 02, 2006
Revised April 17, 2006-Addendum
Revised May 18, 2006-Addendum
Article I. Location:
The subject property is approximately Ine55 acres located in the southwest quadrant of
the SH 288 — CR92 (Broadway) interchange, bordered by proposed Business Center
Drive extension to the east and extending west of proposed Kirby Road. A legal
description of the proposed PUD boundary is attached and marked as Exhibit "A."
Article II. Purpose:
SECTION I: PEARLAND .TOWN CENTER — PUD (PD DISTRICT)
The goal of this PUD (PD-District) is to create a distinctive, pleasing and coordinated
mixed use commercial, retail and residential development to 'serve the needs of Pearland's
residents, to enhance Pearland's competitive position in the region and to satisfy regional
demand for high quality retail and entertainment opportunities. Further, it is the intention
of this PUD (PD District) to encourage flexible and creative planning to meet the current
and future needs of the community which will result in a higher quality development than •
would result from the use of conventional zoning districts.
Article III. General Description Of Proposed Development:
R
CBL & Associates Properties, Inc. (Developer) proposes the development of a state -of-
t, the -art, Town Center Style development consisting of traditional department stores, retail
shops, restaurants, multi -family residential, entertainment and institutional uses. This PD
District authorizes the development of commercial office, multifamily housing,
hospitality and civic land uses with appropriate pedestrian amenities integrated
throughout the development. It is anticipated that individual tracts or parcels will be sold
or leased as development progress (i.e.; for department stores and other free standing
uses.) There shall be no limit on the number of tracts or parcels that may be created within
this PUD provided that lots meet the requirements of this PUD Ordinance and the
requirements of Chapter 3 of the Pearland Unified Development Code (UDC). The project
will be constructed in phases, with development being increased as market forces dictate.
It is the developers intention to open the project in the Spring of 2008.
Article IV. Nature Of The PUD (PD) District:
1) The Pearland Town Center PUD (PD District) shall be a Town Center overlay
district. All development within the Pearland Town Center PUD (PD District) shall
conform to the development standards of the Pearland UDC except as modified
herein.
Article V. Definitions:
As used in this PUD (PD) Ordinance certain terms are defined as follows. Where these
definitions conflict with definitions stated elsewhere in the City of Pearland ordinances,
these PUD definitions shall prevail. Terms used in this document that are not defined in
the following section shall have the same meaning as specified in the City of Pearland
Unified Development Code.
1) Building Height: The term Building Height shall mean the vertical distance from the
grade level at the main entrance to the top of the roof steel that comprises the
majority of the perimeter of the building for a flat roof; to the deck line of a mansard
roof; and to the mean height between eaves and ridges for gable, hip and gambrel
roofs.
2) Circulation Drives: Circulation drives shall mean all driveways, streets, roads,
alleys, ring roads located solely within this PUD district boundary, and the drives
designated on the design plan as Town Center Drive, East Main Street and West
Main Street,. Circulation Drives shall not be considered public or private streets.
3)
Composite Parking Ratio: The term "Composite Parking Ratio" shall mean
improved ground level and multi -level parking spaces, if any, ' collectively on all
Parcels comprising the PUD sufficient to provide parking for the aggregate Gross
Leasable Area (GLA) or Floor Area of all improvements constructed within the PUD,
at the rates specified in Article X of this Ordinance
4) Department Store(s): The term Department Store shall mean any single tenant,
retail building that contains more than 80,000 square feet of Gross Leasable Area.
5) Design Plan: The term "Design Plan" shall mean the Plan designated as Preliminary
Site Plan attached hereto as Exhibit "B" and made part hereof.
PEARLAND TOWN CENTER
PUD (PD District) Ordinance
October 3, 2005 Rev. March 02, 2006 Page 2
r
6) Floor Area: The term "Floor Area" shall mean the total number of square feet of
floor area on all levels, including subterranean building areas.
7) Gross Leasable Area: (GLA): The term "Gross Leasable Area" shall mean the
number of square feet of floor area on all levels, including, outside selling areas
enclosed within semi -permanent structures and basements or other subterranean
areas, and shall be measured to the exterior surface of exterior walls and to the center
of any common walls, but excluding (i) any enclosed connectors and other malls
(except for any area thereof occupied by permitted kiosks - or wall boutiques)
whether covered or uncovered or open or enclosed, (ii) penthouses and other floor
area occupied by mechanical, telephone, computer or otheroperating equipment, (iii)
patios or outside eating and selling areas that are not heated or air-conditioned, (iv)
upper levels of multi -deck stock area, (v) portions of truck or loading docks and trash
compacting and bailing rooms that are not heated or air-conditioned, and (vi) with
respect to the "Town Center retail shops in Sub Area A," mezzanines, storage areas
not located within tenant spaces, the floor area of any common auditorium, public
lavatories, Developer's or Mall Management office, maintenance facilities, elevator
corridors, and service -and fire corridors.
8) Masonry: The term masonry is defined as Brick, stone brick veneer, custom treated tilt
wall, decorative or textured concrete block, split face block and stucco. EIFS (exterior
insulation and finish systems) shall be included within this definition only for the
purposes of masonry trim.
9) Net Land Area / Net Acreage: The- measure of land area exclusive of easements,
thoroughfare and street rights -of -way, retention/detention areas, public streets
dedicated and accepted prior to platting of the property and proposed Kirby Road,
Business Center Drive and any future Right -of Way dedication shown on the final
plat.
10) PUD: The term PUD shall have the same meaning as PD District as used in the City
of Pearland Unified Development Code (UDC).
11) Sub -Area: The term Sub Area(s) shall mean the areas designated on exhibit B-2
which collectively make up the Pearland Town Center PUD. The Sub Area
boundaries may be adjusted within the PUD District as authorized by Article VII par
4 (a) of this document.
12) Thoroughfare and Collector' Streets: The terms Thoroughfare and Collector streets
shall mean the Public Streets designated as Broadway Avenue, Kirby Road and
Business Center Drive.
PEARLAND TOWN CENTER
PUD (PD District) Ordinance
October 3, 2005 Rev. March 02, 2006
Page 3
13) Town Center: The term "Town Center" shall mean Sub -Area "A" as shown_ on
Exhibit "B-2", which contains the Department Stores, main street shops, restaurants
and multi -family housing, together with all buildings and 'other improvements
constructed at any time thereon, which Town Center together with other Sub -Areas
within the PUD shall be known as Pearland Town Center or such other name
designated by the Developer.
14) Town -House or Town -Home: One of a group of no less than three (3) dwelling
units, attached to another dwelling unit only on the horizontal plane. Each unit shall
extend from the foundation to the roof. All Town -Homes or Town -Houses
contemplated by the PUD shall meet the UDC requirements for Town- Home
development.
15) Unified Development, Code (UDC): The term UDC. shall mean the Unified
Development Code (UDC), in place at the time of this PUD Approval. The Developer
shall comply with all building. mechanical and life safety codes in effect at the time
building permits are requested.
Article VI. Sub -Area Descriptions:
1) The development PUD has been divided into sub -areas based on surrounding land
use, existing and proposed circulation patterns, and the relationship to the overall
development. The sub -areas are identified below and are graphically depicted on the
attached sub -area plan, Exhibit "B-2."
a) Sub -Area "A" — Town Center District
The Town Center is intended to function as an active, pedestrian -oriented
urban street. It is the primary area of development and shall be the major
retail component of the PUD. The limits of sub -area "A" shall be defined as
the outside edge of the outer private circulation drive as shown on the sub
area plan.
74
0
2) With the exception of Sub Area "E" . J 'am the sub areas and parcels created
within the Pearland Town Center PUD shall be considered collectively (as opposed to
individually,) for the purpose of meeting the development standards.
0
d
b) Sub -Area "B" (B-1 & B-2 Broadway- Northern District)
Sub -area "B." will lie directly north of the Town Center District, adjacent to
Broadway Avenue, and will serve as the gateway to the development. This
sub -area is the frontdoor to the development and , will establish the
developments overall character. Due to the proximity of this sub -area to the
Town Center entrance and the area's importance as the project "gateway," the
PEARLAND TOWN CENTER
PUD (PD District) Ordinance
October 3, 2005 Rev. March 02, 2006
Page 4
Developer intends to maintain a high level of architectural unity and
continuity in this zone.
c) Sub -Area "C" (Event Center District)
Sub -area "C" is located directly south of the Town Center District, adjacent to
the Storm Water Management Area. This sub -area will be accessible from
Kirby Road on the west and the extension of Business Center Drive on the
east via an east —west circulation drive along the southern boundary of the
Event Center District. The purpose of this District is to accommodate a large
multi -purpose event and performing arts center or privately owned large
format retail, theater, or other entertainment uses. This district will be
directly linked to the town center district through a series of pedestrian and
vehicular connections, creating a true multi -use destination for the region.
d) Sub -Area "D" ("D-1 and D-2" Southern District)
Sub -areas "D1 and D2" are located in the southeast and southwest corner of
the PUD respectively. Development will be complementary to the overall
architectural scheme and will be of equal quality; however, development in
this sub area will have greater opportunity for the establishment of individual
tenant identity through use of nationally recognized building prototypes,
provided materials and colors are in harmony with project materials.
e) Sub -Area "E" (Western District)
Sub -area "E" is located west of Kirby Road. Due to this sub area's location
on the west side of Kirby Road, the development of this area will be required
to meet parking, open space and landscape requirements of this PUD on a
stand alone basis. A development plan for this area shall be submitted by
developer of Sub Area E and reviewed by the Planning Director for
compliance with the specific requirements of this PUD prior to any building
permit being issued for work in this sub -area.
fl Sub -Area "F" (Storm Water Management Area)
Sub -area "F" is located along the southern property boundary. This sub -area
will be developed as an amenity in accordance with the landscape
requirements outlined elsewhere in this text.
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PEARLAND TOWN CENTER
PUD (PD District) Ordinance
October 3, 2005 Rev. March 02, 2006
Page 5
SECTION II: DEVELOPMENT STANDARDS
Article VII. Development:
1) General
a) The development within the Pearland Town Center District shall conform
to all provisions of the City of Pearland Unified Development Code,
except as addressed herein. It is the intention of these Development
Standards to address development density, land use, building and parking
setbacks, open space, parking and landscape requirements and
architectural facade treatments for the entire district on a stand alone basis
and as such, shall establish the sole minimum requirements for
compliance. The following Development Standards will apply to all
sub -areas, regardless of land use and shall replace the Development
Standards of any and all applicable underlying zoning or overlay districts
specified in the Pearland UDC. In the event of a conflict between the
standards in this PUD and the UDC regulations of any underlying zoning
or overlay district, the standards described herein will prevail. Residential
development, including town homes, within this PUD district shall
conform to the standards set forth in this PUD ordinance, notwithstanding
any provisions of any underlying zoning or overlay district contained in
the Pearland UDC.
2) Conformity to the Design Plan:
a) The degree of conformity required between the Design Plan and
subsequent development applications shall be limited to conformance
with the Density, Parking, Setback and Landscape and open space
requirements of this PUD (PD) Ordinance as outlined in Section II'
Articles VII through XVII.
b) The Design Plan shall be reviewed by the Planning Director for
compliance with the specific requirements of this PUD. Only design plan
modifications that do not conform to these general PUD development
standards shall require an amendment to the PUD. -The Developers
compliance with the written text shall constitute "Conformance with the
Design Plan."
PEARLAND TOWN CENTER
PUD. (PD District) Ordinance
October 3, 2005 Rev. March 02, 2006
Page 6
3) Minor Deviation from the approved Design Plan:
a) Deviations from the design plan that may be approved by the. Planning
Director are limited to the following:
• Corrections in spelling, distances, and other labeling that does not
effect the overall development concept.
• Changes in building or land use positions, layout, size or
configuration, provided that the overall site density, parking,
landscape and open space requirements of this PUD (PD District)
ordinance are satisfied.
• Changes in the proposed property lines, or sub area limits as long
as the overall project acreage is not exceeded and provided that the
requirements of UDC Chapter 3 Subdivisions are followed.
• Changes in parking, circulation drives and site layouts provided
that the number of parking spaces required by this PUD ordinance
and the general relationship of parking lots to buildings are
maintained.
• Developer shall include a major north -south and major east west
circulation drive similar to the drives designated as Town center
drive and main street as illustrated on the design plan.
4) Sub Area Boundaries.
a) The Sub Areas boundaries designated on exhibit B-2, which collectively
make up the Pearland Town Center PUD, may be adjusted in the final
development site plan provided that the area of any individual Sub Area is
not increased by more than 10 percent (10%) of the total Sub Area
Acreage indicated on Exhibit B-2. No sub area shall expand beyond the
limits of the PUD District.
5) Authorized Uses.
a) The uses permitted within this PUD will be department and retail stores
and shops, multi -family residential and town homes, offices, banks,
restaurants, theaters and multi -purpose event centers, hotels and motels,
and accessory uses customarily incident to the above and traditionally
found in contemporary regional shopping centers and Town Center
developments.
b) Specifically, all land uses designated as Permitted land uses within the
"GB, GC, NS, OP.and MF zoning districts" as outlined in Section 2.5.2.1
PEARLAND TOWN CENTER
PUD (PD District) Ordinance
October 3, 2005 Rev. March 02, 2006
Page 7
of the Pearland Unified Development Code shall be considered "permitted
uses" in this PUD; however, all such Permitted land uses are subject to
any limitations contained herein. Any land use that is designated _as a
Conditional Use shall require a Conditional Use Permit (CUP) in
accordance with the requirements of the UDC.
6) Excluded Uses:,
• Industrial and Manufacturing uses and sexually oriented businesses
• Cannery Wholesale
• Cattle Feedlot and other agricultural uses (except farm markets)
• Chemical Packing or Blending
• Railroad Depots
• Heavy Machinery Sales and Storage
• Major Auto Repair
• Parts Fabrication or manufacturing
• Auto Assemble
• Auto Wrecker Service as Primary Use
• Bus and Truck Storage
• Motor Freight Terminals
• Refuse Transfer Stations
• Self -Storage facilities
• Drive -In and Drive -Through Restaurants within Sub Area A
• Outdoor storage, except as may be permitted by the UDC
• Boarding Homes
• Drag Strip / Race Track
• Auto Paint Shop
• Muffler Shop
• Assisted Living
PEARLAND TOWN CENTER
PUD (PD District) Ordinance
October 3, 2005 Rev. March 02, 2006
Page 8
Article VIII. Development Density Regulations:
Not withstanding the provisions of the Unified Development Code, or the requirements of
any underlying zoning or overlay district use regulations, the following are the Maximum
Allowable Residential Densities permitted for this PUD:
1) Entire PUD
a) Residential Density — Established by Sub -area
b) No more than 300 residential units collectively within Sub Areas A, C, D
c) Impervious coverage shall not exceed eighty five percent (85%) of the Net
land area. All pervious area shall be landscaped.
d) Impervious coverage shall be based on the Net Area of development
without regard to parcel ownership or sub area. Pervious areas within sub
area F - Storm Water Management Area excluding the surface area of the
lake measured at the required storage level, and all other pervious open
space shall be includedfor the purpose of this calculation.
e) Non residential development Density shall be permitted within this Town
Center PUD in accordance with the City of Pearland zoning codes in
effect at the time this document is adopted. The Developer shall comply
with all building. mechanical and life safety codes in effect at the time
building permits are requested.
2) Sub Area A
a) Up to 300 residential units, subject to the limits established in Paragraph
1 b above.
3) Sub Area B (B-1 and B-2)
a) No residential permitted
4) Sub Area C
a) Up to 300 residential units, subject to the limits established in Paragraph
1 b above.
5) Sub Area D (D-1 and D-2)
a) Up to 300 residential units, subject to the limits established in Paragraph
1 b above.
6) Sub Area E
a) Town homes - No more than 9.4 units / net acre devoted to town homes
(all other multi family uses are prohibited in sub area E) Town Homes
PEARLAND TOWN CENTER
PUD (PD District) Ordinance
October 3, 2005 Rev. March 02, 2006
Page 9
Developed in sub area E shall meet the Screening Requirements of the
UDC.
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LAND USE AREA TABLE
SUB AREA
ACRES
PROPOSED LAND USE
DENSITY LIMITS
A
78.2
Mixed -any Authorized use
See Section ,VII par. 5
No more than 300
Residential units subject
to Par. 1 b above
Other uses as permitted
by UDC
B
17.3
Mixed -any Authorized use
See Section VII par 5
except residential.
No residential permitted
Other uses as permitted
by UDC
C
17.8
Mixed -any Authorized use.
See Section VIE par 5
Maximum 6000 seats in
event center, Up to 300
Residential units subject
to Par. 1 b above
Other uses as permitted
by UDC
D
13.1
Mixed -any Authorized use.
See Section VII par 5 '
300 Residential units
subject to Par. 1 b above
Other uses as permitted
by UDC
E
18.2
Mixed -any Authorized use.
See Section VII par 5
Limited to 9.4 Town
Home units per / net
acre. Other uses as
permitted by UDC
F
20.1
Stormwater Management and
Passive recreation only
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PEARLAND TOWN CENTER
PUD (PD District) Ordinance
October 3, 2005 Rev. March 02, 2006
• Page 10
Article IX. Area Regulations:
1) Size of Lots:
a) Minimum Lot Size (All sub areas) — Twenty-two thousand and five
hundred (22,500) square feet in area.
b) Minimum Lot Frontage (Sub Areas A through D and F)—Thirty Feet (30'.)
Flag lots are permitted provided they have a minimum 30' frontage on a
Public or Private street. Minimum lot frontage for Sub Area E lSTA
Am 0
shall be as required by the UDC.
c) Minimum Lot Depth (Sub Areas A through D and F)- No o Minimum
required. Minimum lot depth for Sub Area E 15 0 Amd shall be as
required by the UDC.
d) Maximum Number of Lots — No limit on the number of lots that may be
created provided they meet the subdivision requirements in Chapter 3 of
the UDC and these standards.
e) Maximum Project Coverage — Percent of Impervious area: Eighty Five
Percent (85%) of the Net Area of the PUD District. With the exception of
Sub Areas "E" grd - '° coverage shall be calculated on a composite
basis, without regard to sub -area or parcel boundaries.
2) Size of Yards: (All Sub Areas)
a) Minimum Front Yard — No minimum yard is required between any lots
created within the PUD District. A Twenty-five foot (25') parking and
drive setback shall be required adjacent to any PUD district Boundary
(not Sub Area Boundary) that directly abuts residential Development or
public street that is OUTSIDE the Boundary of this PUD District as
outlined in Paragraph 3) below.
b) Minimum Side Yard — No side yard is required between any lots or land
uses created within the PUD District. A Twenty-five foot (25') , parking
and drive setback shall be required adjacent to any PUD district Boundary
(not Sub Area Boundary) that directly abuts residential Development or
public street that is OUTSIDE the Boundary of this PUD District as
outlined in Paragraph 3) below.
c) Minimum Rear Yard - No rear yard is required between any lots or land
uses created within the PUD District, however, a Twenty-five foot (25')
parking and drive setback shall be required adjacent to any PUD district
Boundary (not Sub Area Boundary) that directly abuts residential
Development or public street that is OUTSIDE the Boundary of this PUD
District as outlined in Paragraph 3) below.
PEARLAND TOWN CENTER
PUD (PD District) Ordinance
October 3, 2005 Rev. March 02, 2006
Page 11
3) Thoroughfare Lot and Setback Standards:
a) The minimum front yard building setback adjacent to a specified
thoroughfare or collector street R.O.W. shall be twenty-five feet (25').
b) The minimum setback for all off-street parking, maneuvering and loading
areas from the right-of-way line of a specified major thoroughfare or
collector street R.O.W. shall be twenty-five feet (25').
c) The minimum setback for all screening walls and fences, including
residential subdivision fences, from the right-of-way line of a major
thoroughfare or collector street R.O.W. shall be ten feet (10').
d) The minimum setback for any outside storage area from the right-of-way \
line of a major thoroughfare or collector street shall be one hundred and
fifty feet (150'), The setback may be reduced to twenty-five feet (25') if
such area is screened to one hundred percent (100%) opacity with a
screening wall that matches the primary on -site building material or with
live vegetation.
e) The Developer and the City of Pearland acknowledge that there are no
recognized floodways, creeks or other drainage ways proposed as linear
parks within the Pearland Town Center PUD.
f) Buildings, parking areas, or other visual obstructions shall not be located
in any required visibility triangle as defined in the UDC.
g) The required setback area as described above shall be landscaped, and
shall be included in the calculation of required landscape and open space
and pervious area that may be required by the City of Pearland
Ordinances or this PUD.
h) No building or parking setback shall be required from any circulation
drive created within the PUD District. There shall not be any setback or
landscape buffer requirements between properties or lots established
within the Pearland Town Center PUD (i.e., between department store
parcels and/or developer parcels or between any internal lots).
4) Height Restrictions:
a) Maximum height for retail buildings shall be 68' as measured pursuant to
the Building Height definition specified in this PUD ordinance. Hotels,
office buildings, multi family buildings along with accent structures,
architectural towers, and feature elements may be up to 75' high.
5) Outdoor Activities or Uses:
a) The incidental display of merchandise out of doors is permitted within
this PUD district. Except as provided below, all display areas out of doors
shall be confined to a pedestrian walkway immediately adjacent to the
PEARLAND TOWN CENTER
PUD (PD District) Ordinance
October 3, 2005 Rev. March 02, 2006
Page 12
building housing the primary use, or within any common pedestrian areas
located within Sub Area "A," including the Fountain and Carousel Plaza
area designated on the site plan. Such display may be permitted to :extend
the entire length and width of any sidewalk and plaza areas, provided that
adequate pedestrian access is maintained. Adequate pedestrian access
shall be an unobstructed thirty-six inch (36") walkway. There shall be no
requirement that any display be located wholly under any permanent part
of a main business building such as a marquee. In addition sales and
display area may be located in any kiosk or pushcart location designated
on the final site plan.
b) The temporary sale of Christmas trees ,and products associated with
celebration of holidays or national events on any property in the Pearland
Town, Center district or the temporary sale of goods in relation to special
events (e.g., Hanukkah, Presidents' Day, Easter, etc.) shall be permitted
for a period of forty-five days prior to the day of religious the holiday
celebration. No permit shall be required provided the sale area is as
specified in Paragraph a) above.
6) Common Areas:
a) All common areas within the Pearland Town Center PUD shall be
maintained by the Developer, or as provided in the Private Easement,
Restriction and Operating agreement to be developed for the entire Town
Center Development.
7) Usable Open Space Standards: See Exhibit B for Landscape area, Open Space and
Parkland Calculations which conform to the following standards:
a) The following Usable Open Space Standards replace the applicable
requirements of any underlying zoning or overlay districts in the UDC as
well as the requirements of Section 2.2.2.3 (C) of the UDC.
b) Designated Usable Open Space (Open Space Standards): Open space
requirements shall be calculated based on the number of residential units
as follows: For each multi family unit or town home developed within
this PUD developer shall provide at least six hundred (600) square feet of
usable common open space for,each'multi family unit and nine hundred
(900) square feet for each Town House unit.
c) In addition, the following standards shall apply to all Residential
Developments.
• For each Multi family unit or tpwn home developed within sub
areas E, each area of common open space shall be within three
hundred feet (300') of all dwelling units in sub areas E intended to ,
PEARLAND TOWN CENTER
PUD (PD District) Ordinance
October 3, 2005 Rev. March 02, 2006
Page 13
be served by the common open space, measured along a route of
pedestrian access.
o The minimum area of any common open space shall be six
thousand (6,000) square feet.
o The minimum dimension of any common area shall be
eighty feet (80').
• For each multi -family unit or town house developed within Sub
areas A, C or D, common open space as specified in paragraph 7)
b above shall be provided and shall' be located anywhere within
Sub areas A, B, C, D or F. and may belocated within the required
parking and building setback areas. Each area of common open
space shall be connected to the dwelling units intended to be
served by a paved pedestrian multi -purpose trail.
o The minimum area of any common open space shall be six
thousand (6,000) square feet.
o The minimum dimension of any common area shall be
twenty five feet (25') and must include the site amenities
described in Article XI Landscaping Site amenities. Open
space provided within the landscape buffer areas adjacent
to any public street shall include a meandering, landscaped
pedestrian multi -purpose sidewalk that is accessible to the
public. Where a sidewalk is required adjacent to any public
thoroughfare, the public sidewalk shall be incorporated
into the common open space and maintained by developer.
• Each area of required common open space shall be appropriately
graded, turfed, surfaced or otherwise landscaped and provided
with suitable drainage facilities.
• Facilities such as pedestrian ways and outside swimming pools
may be included as part of the required common open space.
• off-street parking areas, service drives, and the storm water storage
portion of detention facilities shall not be included in any
calculation of required common open space.
• A maximum of twenty-five percent (25%) of the dwelling units
within a multiple -family development shall be efficiency units.
• The landscaped buffers required in' this PUD ordinance may be
counted toward meeting this common open space requirement.
PEARLAND TOWN CENTER
PUD (PD District) Ordinance
October 3, 2005 Rev. March 02, 2006
Page 14
8) Parkland Dedication
a) Parkland Dedication will be provided in accordance with the Pearland
Codified ordinance, Chapter 3 of the UDC. Parkland shall be provided as
calculated and shown on the attached Exhibit B. In the event that
Parkland is not provided as shown, the developer of any Residential units
in any Sub -Area shall be required to pay a PARKLAND DEDICATION
FEE at the rate of $750.00 per unit as provided in Chapter 3 of the UDC.
Said fee shall be paid at the time the initial residential occupancy permit
for any residential phase of the development is requested, and shall be
based on the total number of residential units proposed in that phase.
3 9) Fences & Screening:
) a) .The following Development Standards for Screening and Fencing replace
the applicable standards specified in the Pearland UDC underlying
zoning and overlay districts as well as the requirements of Division 4
Screening and Fencing.
b) Nonresidential and Multiple -Family Screening Required (New
Construction) This section shall apply to the following:
a • Any nonresidential use that is separated by only a public street or
has a required side or rear yard contiguous to any residential use or
residential zoning district that is located outside of this PUD
district.
a • Any multiple -family use that is separated by only a public street or
a has a required side or rear contiguous to any residential use or
residential zoning district that is located outside of this PUD
a district.
• No fencing or screening shall be required between any uses,
2 parcels, lots or Sub -Areas that are located within this PUD district.
c) The following shall apply when required by the paragraph above:
a • The nonresidential or multiple -family use shall construct an
a opaque screening wall a minimum of six feet in height, but not to
exceed eight feet in height. The screen shall be located no closer to
the street than the property line. Such screening fence shall be
i maintained in good condition. Any sections of this Code
PEARLAND TOWN CENTER
hd PUD (PD District) Ordinance
October 3, 2005 Rev. March 02, 2006 Page 15
concerning sight obstructions of intersections shall be applicable
to the screen where it is intersected by a street or throughway.
• There shall be a 25-foot wide landscape .. buffer between
nonresidential or multiple -family 'and all single-family uses. The
requirement may be reduced to 15 feet if the nonresidential use is
a office/professional use. For the purpose of this section, no
screening, fencing or landscape buffer shall be required between
any Residential use and any Storm water management area that is
developed as an amenity. See Article XI Landscaping for Amenity
requirements within the storm water management area.
• Prior to construction of buffers, complete plans showing type of
material, depth of beam and structural support shall be submitted
to the Building Inspection Division for analysis to determine
whether or not:
i. The screen will withstand the pressures of time and
nature; and shall be maintained in good condition.
ii. The screen adequately accomplishes the purpose for
which it was intended.
iii. Any Wood screen shall be of a type approved by the
City of Pearland.
• The Building Official shall determine if the buffer meets the
requirements of this section. Any landscaping required by this
PUD ordinance shall be placed on the residential side of any
required screening wall.
• If the screening wall exists previous to the development of the
nonresidential or multiple -family use (as applicable), required
landscaping may be placed on the nonresidential or multiple -
family (as applicable) side of such wall.
10) Parking Area Screening Along Major and Secondary Thoroughfares.
a) Landscaping shall be required for the screening of parking areas along
major thoroughfares or secondary thoroughfares as required by Article XI
of this PUD ordinance.
b) An alternative form of screening, in lieu of the masonry wall, may be
approved by Planning Director with the Preliminary Subdivision Plat or
Preliminary Development Plat application. Alternatives that may
considered include:
• A living/landscaped screen in conjunction with decorative metal
(e.g., wrought iron, aluminum and galvanized steel) fence sections
with masonry columns.
PEARLAND TOWN CENTER
PUD (PD District) Ordinance
October 3, 2005 Rev. March 02, 2006
Page 16
• A combination of berms and living/landscaped screening;
• A combination of berms, decorative masonry walls - and
living/landscaped screening, either with or without a decorative
metal or "WoodCrete" type of fence with masonry columns; or
• Some other creative screening alternative may be approved if it
meets the spirit and intent of this Section, if it is demonstrated to
be long-lasting and generally maintenance -free, and if the
Planning Director finds it to be in the public interest to approve
the alternative screening device.
c) Time Required for Opacity: Any required screening device shall be, or
shall achieve, at least six feet in height and at least ninety percent opacity
within one year of initial installation/planting. Any landscaping used to
achieve the purpose of required screening shall be in conformance with
the landscape requirements of this PUD ordinance.
d) Installation: The screening/wall/device shall be installed prior to final
acceptance of the subdivision public improvements. All landscape
materials, if utilized, shall be installed in accordance with the landscape
requirements of this PUD. Failure to properly install all components of a
required screening wall or device within the prescribed time frame, shall
constitute a violation of the Unified Development Code and this PUD
Ordinance, and shall authorize the City Engineer to refuse acceptance of
the subdivision public improvements.
e) Design of Walls: All masonry, wrought iron, steel or aluminum screening
wall plans and details must be designed and sealed by a licensed
professional engineer, and must be approved by the City Engineer. Use of
chain -link, chicken -wire, hog -wire fencing, and any other material similar
in appearance and quality is expressly prohibited. The use of wood is
prohibited.
f) Height of Screening: The height of required screening devices, including
spans between columns, shall be a minimum of six feet and shall be no
more than eight feet. Decorative columns, pilasters, stone caps, sculptural
elements, and other similar features may exceed the maximum eight -foot
height by up to two feet for a total maximum height of 10 feet for these
features, provided that such taller elements comprise no more than 10% of
the total wall length in elevation view.
g) Other Easements: Screening fences, walls and devices shall not be
constructed within, but may cross through, any portion of a utility or
drainage easement unless specifically authorized by the City or by any
other applicable utility provider.
PEARLAND TOWN CENTER
PUD (PD District) Ordinance
October 3, 2005 Rev. March 02, 2006
Page 17
11) General Screening.
The following requirements shall be in addition to the foregoing landscaping and
planting requirements:
a) All loading spaces and docks, outside storage areas, refuse
containers/areas, mechanical equipment, must be screened from view
from private streets or public rights -of -way. The Rear of non-residential
buildings facing public or private streets shall not require screening from
view provided they comply with the facade standards specified in Article
XII.
b) Approved screening techniques include masonry, evergreen vegetative
screens, landscape berms, existing vegetation or any combination thereof.
In any case in which a fence/wall is constructed to provide screening,
landscaping elements shall be incorporated along a majority of the
fence/wall. Also, in the case of roof mounted mechanical equipment,
parapet roof structures are approved for screening such equipment.
c) If a nonresidential use is adjacent to a residential use other than multiple -
family, such nonresidential use shall be screened in accordance with this
section and shall include a vegetative buffer. Stormwater Management
areas shall not be considered a non-residential use for the purpose of this
section provided that it is developed as an amenity. Refer to Article XI for
amenity requirements.
Article X. Parking Standards:
Off street parking and loading for this PUD (PD District) shall be provided in accordance
with the following minimum standards:
1) Minimum Dimensions:
a) Off street parking spaces shall be a minimum of 9' x 18' with a minimum
24' drive aisle. Both angled and parallel parking stalls are permitted. -
b) Accessible Parking shall be provided in accordance with The Americans
with Disabilities Act (ADA) and the ADA Accessibility Guidelines.
2) Minimum Number Of Parking Spaces Required
a) Parking within the PUD shall be provided based on the amount of GLA
(or Floor Area if noted below) within the entire PUD and shall be
provided at the following rates on an overall or composite basis:
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Page 18
5)
• four and one-half (4.5) parking spaces for each one thousand
square feet of GLA retail uses (including restaurants)
• two and one-half (2.5) cars for each one thousand (1,000) square
feet of all Floor Area devoted to office =one (1) parking space for
each four (4) seats in any theater or multi -purpose event or
conference center
• one (1) parking space for each rental unit in any hotel or motel
• two and one half (2.5) parking spaces for each multi -family
residential unit
b) With the exception of Sub Area E Bad Segg Alltm G, parking spaces
required to satisfy these requirements do not need to be located on the
same lot or within the same sub -area as the particular land use. Parking is
calculated on a composite basis for the PUD as a whole, without regard to
parcel ownership or land use. The entire development will be governed by -
an operating agreement granting cross access and parking easements
between the parties. Parking shall be provided within surface parking lots
or within parking structures placed anywhere within the PUD District
boundary.
2
), c) Any land uses located within Sub area E auid aria Aago GG must meet the
parking requirements on a stand alone basis and must be located within
SubAreaE
d) Accessible Parking shall be provided in accordance with The Americans
with Disabilities Act (ADA) and the ADA Accessibility Guidelines.
3) Loading Spaces
a) The number of required loading spaces shall be based on the total amount
of "Gross Leasable Area" (as opposed to Floor Area) as herein defined,
but provided at the rate (loading spaces/GLA) of 1 loading space for every
100,000 sf of Department store GLA and 1 Loading space for each multi -
tenant building. Loading spaces shall be a minimum of 12' wide by 35'
long. Loading spaces for non retail and restaurant land uses shall not be
required, however all receiving areas shall be screened from the public
ROW. Loading spaces need not be located on the same lot but must be
located within the same sub -area as the main use.
4) Access and Off -Street Parking Standards.
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October 3, 2005 Rev. March 02, 2006
Page 19
a) Construction of Access and off-street parking lots shall be in conformance
with the City's Engineering Design Criteria Manual (EDCM); however,
the minimum requirements for the number and size of .parking stalls shall _
be as indicated above.
5) Bicycle Parking.
a) Bicycle parking spaces shall be provided at an amount equal to a
minimum of one half of one percent (1/2 %) of the required vehicular
parking spaces based on the "Composite Parking Ratio" established for
the Town Center PUD. Bicycle Parking shall only be required in Sub
Area "A" and shall be based on the required parking necessary to support
development within sub Area "A."
b) Bicycle parking shall be conveniently distributed throughout Sub Area A.
c) Each required bicycle parking space shall include a means to secure
individual bicycles. '
Article XI. Landscaping and Open Space:
The following Development Standards for Landscaping and Open Space replace the
applicable Required Standards specified in the Pearland UDC underlying zoning districts
and / or any Corridor Overlay District, including Chapter 4 - Section 4.2.2.4.
1) Meaning of "Landscape Area"
a) Landscape area shall mean the area within the boundary of a lot or parcel
that is comprised of pervious surface integrated with living plant material,
including but not limited to trees, shrubs, flowers, grass, or other living
ground cover or native vegetation. The minimum average dimension of
any landscape area shall be three feet (3') wide. For the purposes of
meeting the requirements of this division, future development areas of the
site cannot be considered landscaped area, however future development
areas will not be included in the Net area calculation used' to determine
the required amount of landscape open space or impervious area until
such time as the land area is developed.
b) Internal Landscaped areas shall be bounded by raised or ribbon curbs.
2) Establishment of Minimum Percentages.
a) Landscape Area: A minimum of ten percent (10%) of the net developed
lot area of property on which development, construction or reconstruction
occurs shall be devoted to landscape. Note: Percentages are based on the
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October 3, 2005 Rev. March 02, 2006
Page 20
total net PUD area and shall be calculated on a composite basis without
regard to lot ownership or sub area designation.
3) Minimum Requirements.
4)
a) The minimum landscape requirements shall be employed in accordance
with the Tree Preservation and Landscape Design Guidelines (Guidelines)
made a part hereof, to improve aesthetic appearance, to enhance the
compatibility of different land uses, and to mitigate negative
environmental influences on land uses (e.g. heat, noise, air pollution).
b) The developer, in conjunction with the City Parks Department, shall mark
and count the number of "protected trees" that exist on site and upon
approval of the City of Pearland, shall provide mitigation based on the
number of protected trees identified in accordance with the Guidelines.
Landscape Irrigation:
a) All required landscaping areas shall be 100% irrigated by one of, or a
combination of, the following methods:
• An automatic underground irrigation system;
• A drip irrigation system;
• A hose attachment within 100 feet of all plant material, provided,
however, that a hose attachment within 200 feet of all plant
material in non -street yards shall be sufficient.
• All irrigation systems shall be designed and sealed in accordance
with the Texas Licensed Irrigators Act and shall be professionally
installed.
b) No irrigation shall be required for undisturbed natural areas or
undisturbed existing trees.
5) Street Trees
a) Trees in Class I or II of the Guidelines with a minimum Two inch (2")
caliper measured twelve inches (12") from the ground shall be provided
along thoroughfare and collector street frontage (Broadway, Kirby and
Business Center Drive) with the total caliper inches equal to one inch for
each fifteen feet (15') of frontage. Each required tree shall be planted in a
landscaped area of at least 36 square feet with a minimum dimension of
six feet.
6) Screening of Parking Areas.
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October 3, 2005 Rev. March 02, 2006
Page 21
a) Landscaping shall be required for the screening of parking areas when
parking spaces directly abut public right-of-way or property that is outside
of the PUD. No parking lot screening shall be required between internal -
lots which may be created within the PUD or between sub -areas or
circulation drives located within the PUD.
b) Front yard parking areas and side yard parking areas fronting on a public
street right of way shall be screened from the right-of-way by a continuous
hedge or berm by placing the quantity of plant material required by
paragraph fp below.
c) The side yard of any lot that contains a parking area abutting a property
outside of the boundaries of this PUD district used or zoned for a
nonresidential use shall provide a screen of hedges, berms, or fences so as
to provide a screen for a minimum of thirty-five percent (35%) of the
length of the parking lot. There shall be no parking lot screening required
between parcels, lots or land uses that may exist within the PUD.
d) The required screening may be grouped and dispersed randomly.
e) Screening between nonresidential and residential lots outside the
boundaries of this PUD district shall be provided in conformance with the
Screening and Fencing section of this PUD ordinance.
fl The minimum number of shrubs shall be equal to the total caliper inches
of street trees required under paragraph 5) a) above multiplied by five.
g) Shrubs and berms shall be maintained at a height of no more than thirty-
six inches (36") nor less than eighteen inches (18") as measured from the
surrounding soil line.
h) A nonresidential development that has a shared parking area with an
adjacent nonresidential development shall not be required to screen such
shared parking area in relation to the abutting side yard. There shall be no
requirement to screen any parking lot from any other lot within the PUD
district. The only parking lot screening that shall be required shall be at
the boundaries of the PUD district, adjacent to a public thoroughfare.
i) Each required tree shall be planted in a landscaped area of at least 36
square feet with a minimum dimension of six feet .
7) Interior of Parking Areas.
a) Interior landscaping shall be required to be integrated into the overall
design of the surface parking area in such a manner that it will assist in
defining parking lots, pedestrian paths, driveways, and internal collector
lanes, in limiting points of ingress and egress, and in separating parking
pavement from street alignments. See Landscaping within parking areas
below.
b) Tree islands must be protected from vehicle intrusion by curbs or similar
structures.
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c) Two feet of the tree island may be counted as part of the required depth of
the abutting parking space if curbed and the minimum.. island width is six
(6) feet.
8) Large Tracts.
a) On large tracts of land, exceptions to this division may be granted by the
Planning Director to require a lesser amount of landscaping if the
aesthetic, buffering and environmental intent of this division is met, and it
is located along rights -of -way or in strategic environmentally sensitive
areas.
9) Landscaping Within Parking Areas.
a) With the exception of parking on Town Center Drive and the East / West
Main Streets, screened service areas and parking structures, the following
minimum criteria shall be met:
• The total caliper inches shall equal one inch for each five parking
spaces. Caliper inches of street and parking lot trees may be
provided by planting a combination of trees that exceed the
minimum two-inch caliper.
• All outdoor parking areas (excluding screened service areas and
parking structures) having spaces for more than twenty (20)
vehicles shall have landscaping within the perimeter of the parking
areas so that the total interior parking lot landscaping of the PUD
District is equal in area to not less than five percent (5%) of the
total paved parking areas within the entire PUD. Landscape
within the parking areas shall be counted toward the minimum
landscape area specified in paragraph Article XI, Paragraph 2) a)
above.
• No parking space shall be located more than one hundred feet
(100') from a portion of the required landscaping.
• Each landscape island within a parking lot shall be a minimum of
162 square feet as measured from outside face of curb to face of
curb, and shall allow at least two feet between any trees within the
island and the edge of the island. The average width of each island
shall be 6' wide.
• Parking lot landscaping shall hot be required in any parking
structure.
• Landscape within parking lots shall not be required within the
parking areas on the drives designated Town Center Drive or Main
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Page 23
Streets, however street trees shall be planted in sidewalks adjacent
to each drive.
10) Landscaping On -Site and Related Location.
a) The landscaped area required by under this . Article XI may be placed
anywhere within the PUD without regard to interior lot or sub -area.
b) Except as required in paragraphs 5, 6 and 9 above, there shall be no
requirement that any portion of the landscape area required under this
section be installed in any specific location, provided that landscape area
is generally equally distributed throughout the PUD.
c) Undeveloped portions of a tract or lot shall not be considered landscaped
and shall not be included in the calculation of land area until they are
developed.
11) Tree Credits.
a) Tree credits shall be given pursuant to Chapter 4, Article 2, Division 3 of
the UDC.
12) Adjacent to a Single -Family Use or Zoning District.
a) When a nonresidential development is established on a tract of land that is
adjacent to a single-family development or to property zoned for single-
family use, there shall be a twenty -five-foot (25') wide landscaped buffer
along the property line that is adjacent to such use or district. The
landscaped buffer shall remain open and unobstructed (i.e., no parking,
driveways, or other use of the buffer area), and shall be planted with
ground cover, such as grass or ivy. This landscaped buffer may be located
within the required yard/setback area.
b) Storm water Management Areas shall not be considered a non-residential
use for the purpose of this section provided they are developed as an
amenity as described below.
13) Amenity Treatment
a) Any ' common open space that is designated an Amenity shall contain a
minimum eight foot (8') wide multi purpose nature trail. The trail will be
enhanced with naturalistic landscape plantings including canopy shade
trees, understory ornamental trees, and accent shrubs and shall be
interconnected to other open space areas with pedestrian walkways.
Landscape planting required by other sections of this ordinance shall be
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October 3, 2005 Rev. March 02, 2006
Page 24
utilized for trail enhancement. Each common open space shall have at
least one paved seating area. Seating areas shall contain appropriate site
furnishings, including benches and waste receptacles.
b) In addition to the above, the multi purpose trail within the storm water
management area (sub area F) shall contain a minimum of (4) seating
areas with benches and trash receptacles and shall contain, on average, a
minimum of one (1) flowering and two (2)shade trees for every (100 Lin.
ft.) of trail together with (15) accent shrubs. Trees will be staggered on
each side of the trail and will be clustered to provide a naturalistic
arrangement.
14) Greenway
a) As a condition of this PUD approval, Developer shall construct the
landscape areas adjacent to the surrounding public streets and adjacent to
the storm water management area as a public Greenway as illustrated on
the site plan and shall incorporate the amenity treatment described in
Section 13 above, even if no multi family/residential is developed on site.
The greenway areas shall be considered part of the required residential
open space and parkland if multi -family residential is' developed.
Article XII. Building Design Standards.
1) General
a) The following Building Design Standards replace the Building Design
Standards specified in the Pearland UDC underlying zoning and overlay
districts including the requirements of Chapter 4.
2) Building Articulation:
a) Building articulation, which is the expression or outlining of parts of the
building by its architectural design, shall be provided in order to achieve
the following:
• Create a complementary pattern or rhythm, dividing large
buildings into smaller, identifiable portions.
• Break up the building mass through offsets and other methods that
articulate the horizontal and vertical building planes.
• Incorporate details that create shade and cast shadows to provide
visual relief.
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Page 25
• Vertical reveals and projections to express a rhythmic pattern
across the elevation.
b) Other architectural details which may include texture, pattern, vertical -and
horizontal relief and other treatment that will reduce the visual impact of
long blank walls. Foundation landscaping (where appropriate outside of
Town Center Streets) designed to complement the building architecture is
encouraged but not required.
c) Entrances to buildings shall be emphasized through the use of appropriate
accent materials, a variety of wall height and building massing facade
offsets and by developing dramatic combinations of architectural forms.
Building entries should be highlighted by facade offsets and architectural
accents.
d) Building articulation shall be provided as specified in the following:
• All nonresidential structures fifty thousand (50,000) square feet in
size or greater, except department stores, shall incorporate
architectural variation of at least three feet in depth for every
twenty-five feet (25') in facade length.
• All nonresidential structures less than fifty thousand (50,000)
square feet shall incorporate architectural variation of at least one
foot in depth for every twenty feet (25') in facade length.
3) Building Design:
a) Materials - Eighty Five percent (85%) of all buildings walls that are not
transparent, including parking structures, visible from any specified
public street, shall be covered with masonry, or any of the following
materials:
• natural and synthetic stone
• cement board siding,
• precast concrete,
• cast and cultured stone,
• Glass Fiber Reinforced materials such as Concrete and Gypsum
• Exterior Insulation and Finishing Systems (EIFS)
• Synthetic Stucco
b) Corrugated metal and exposed fasteners are prohibited. Architectural
metals are prohibited except for miscellaneous trim work or provided that
they are approved by the planning director.
c) There shall be no requirement that any exterior wall facing any specified
major thoroughfare be transparent, provided that the building facade is set
back a minimum of ninety feet (90') from the right of way. Any exterior
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October 3, 2005 Rev. March 02, 2006
Page 26
building wall that is closer than 90' to the right-of-way line of any
specified major thoroughfare or collector street shall, be required to be
twenty five percent (25%) transparent.
d) All facades of an individual building, multiple buildings in a shopping
center, or integrated business development, and all roofing in a shopping
center of integrated business development shall have similar architectural
design, color, and materials as specified in Paragraph 1) f) above.
e) Building colors shall conform to = = the City of Pearland' s approved color
palate or a supplemental = color palette established by developer and
approved by the planning director.
4) Building Form:
a) A variety of architectural details, materials and building forms shall be
permitted throughout the development. All portions of a structure shall
have a unified design treatment, appropriate in scale and harmonious with
other structures in the development.
5) Roof Form / Type
a) Permitted roof forms include, flat, pitched, arched and shed roofs. There
shall be no restriction on the type of roof system incorporated into the
design.
6) Retail Arcades and Entrance
a) There shall be no requirement that any pedestrian arcade or canopy
structure be constructed adjacent to or in front of any retail structures.
Building entries must be easily identified by customers and must be
accentuated by an architectural expression or by accent landscape or
hardscape treatment.
7) Screening
The following site elements shall be screened from the public view from all specified
major thoroughfares.
a) Mechanical and Utility Equipment:
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October 3, 2005 Rev. March 02, 2006
Page 27
building wall that is closer than 90' to the right-of-way line of any
specified major thoroughfare or collector street shall be required to be
twenty five percent (25%) transparent.
d) All facades of an individual building, multiple buildings in a shopping
center, or integrated business development, and all roofing in a shopping
center of integrated business development shall have similar architectural
design, color, and materials as specified in Paragraph 1) f) above.
e) Building colors shall conform to = = the City of Pearland's approved color
palate or a supplemental = color palette established by developer and
approved by the planning director.
4) Building Form:
a) A variety of architectural details, materials and building forms shall be
permitted throughout the development. All portions of a structure shall
have a unified design treatment, appropriate in scale and harmonious with
other structures in the development.
5) Roof Form / Type
a) Permitted roof forms include, flat, pitched, arched and shed roofs. There
shall be no restriction on the type of roof system incorporated into the
design.
6) Retail Arcades and Entrance
a) There shall be no requirement that any pedestrian arcade or canopy
structure be constructed adjacent to or in front of any retail structures.
Building entries must be easily identified by customers and must be
accentuated by an architectural expression or by accent landscape or
hardscape treatment.
7) Screening
The following site elements shall be screened from the public view from all specified
major thoroughfares.
a) Mechanical and -Utility Equipment:
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October 3, 2005 Rev. March 02, 2006
Page 27
• Screening shall consist of a decorative wall or architectural
element of the building that is one hundred percent (100%)
opaque.
• Roof -mounted equipment shall be screened with materials that are
one hundred percent (100%) opaque. Appropriate screening
includes an extension of the wall, such as a parapet wall, on which
the equipment is mounted.
b) Vehicle Loading and Unloading Areas
Screens shall incorporateshrubbery having year-round foliage and\or
a wall or architectural element of the building that is a minimum of six
feet in height and shall be, or shall achieve, at least six feet in height
and at least seventy-five percent (75%) opacity within one year of
initial installation/planting. Plant material used to meet this
requirement shall be a minimum 4' high at time of planting.
• Refuse, Refuse Containers, and Recycling Containers
• Screens shall consist of a solid wall or architectural element of the
building that is a minimum six feet in height.
• Screening Elements Required:
• All screening walls visible from a public street shall be constructed
of masonry materials that are consistent with the color and design
of the primary on -site structure.
• Consistent in color and design with the building architecture.
• Uniform in style and materials along the entire length of the screen
within a single development.
• Screening Elements Prohibited:,
No fence or wall visible from a public street shall be:
• Greater than eight feet in height.
• Located within any required visibility triangle.
• Constructed with any of the following materials: surface painted or
coated concrete, chain link, concertina wire, barbed wire,
corrugated metal, wood panels or fiberglass panels.
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October 3, 2005 Rev. March 02, 2006
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Article XIII. Lighting Standards:
1) General lighting criteria
a) A parking lot lighting system using Metal Halide lighting shall be
installed to provide a minimum illumination of 1.0 foot candle average
between poles on all paved areas during business hours. Higher light
levels are permitted at entrances and other significant pedestrian and
vehicular areas as determined by developer, consistent with standard
industry practice.
b) All lighting must be arranged or shielded (dark sky fixtures) to avoid
excessive glare onto any portion of the Town Center or adjacent
properties or city R.O.W. Flood light'type fixtures are prohibited, except
in service areas, provided light source is not visible by the general public
during business hours. Architectural accent lighting of any type is
permitted throughout the PUD.
c) Parking lot areas shall have round tapered poles and concrete bases
throughout Town Center with a maximum height forty (40') foot, light
standards and fixtures may be varied in design, color and height to
provide for different lighting for different situations. Bollard, accent and
pedestrian scale lighting shall be permitted, as well as directional lighting
to accent architectural features and amenities.
d) Light fixtures shall be selected to complement building architecture.
Finishes of any externally exposed fixtures must match the adjacent
surface finish.
e) Security lighting for all paved areas shall be provided.
f) The use of building mounted fixtures to illuminate parking areas is
prohibited except for parking within receiving areas.
g) Wooden light poles are not permitted.
2) Vehicular Circulation & Parking Areas:
a) Metal Halide fixtures shall be used with no direct glare onto adjacent
properties or public streets. The glare from such fixtures shall be shielded
from adjacent properties and/or public streets.
b) Standards, poles, and fixtures shall be compatible in color and in design
throughout the site and no taller than 40' tall. Accent and pedestrian
lighting may be included with maximum pole height of 16' tall
3) Walkway Lighting:
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PUD (PD District) Ordinance
October 3, 2005 Rev. March 02, '2006
Page 29
a) Walkway lighting comprised of standard, pole, bollard and wall mounted
fixtures shall be no greater than sixteen feet (16') above grade.
4) Accent Lighting:
a) Up lighting shall be concealed or positioned to screen the light source
from adjacent property.
b) Floodlighting or spotlighting of architecture, graphics, or natural features
shall not create spillage of light onto adjacent property or public streets.
Article XIV. Thoroughfare and Collector Sidewalk Standards.
1) Location:
a) The required sidewalk along all major thoroughfares and collector streets
may be located within the front yard building and parking setbacks as
well as the parkway area from the back of curb to the right-of-way line.
Required sidewalks may be incorporated into the required residential open
space as a part of a multi purpose pedestrian, walkway system.
b) Easement Required: A ten foot (10') wide public use easement shall be
provided for the required sidewalk when placed outside of street right-of-
way.
c) Curved Alignment Required: The required sidewalk shall have a. curved
alignment for at least fifty percent (50%) of the major thoroughfare street
frontage. Sidewalks on intersecting streets or internal walkways shall not
have a curved alignment.
2) Construction Criteria: Construction criteria for the required sidewalk:
a) Minimum six feet wide. Greenway area multi -purpose walkways shall be
eight feet (8')wide.
b) Minimum eighty -foot (80') centerline radius, maximum intersection angle
of twenty degrees, and maximum twenty -foot (20') foot tangent between
sidewalk curves.
c) Minimum six-foot separation between back of street curb and edge of
sidewalk, except at street intersections and bridge approaches.
d) Sidewalk approaches, including the wheelchair ramp, to street and
driveway intersections shall be straight and parallel to the adjacent street
for a minimum of ten feet (10').
e) Detailed construction plans shall be submitted to the City Engineer for
approval prior to construction of the sidewalk. Sidewalk construction shall
be designed and constructed. and furnished in conjunction with the offsite
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PUD (PD District) Ordinance
October 3, 2005 Rev. March 02, 2006
Page 30
roadway improvements being provided under the terms of the
Development Agreement between the City of Pearland and Developer.
f) Deviations from these criteria may be approved by the City Engineer for
good cause'such as cases of unusual or unique topography or to preserve
desirable natural features.
g) A minimum six-foot wide pedestrian sidewalk shall connect the perimeter
sidewalks to the Town n Center Drive and east west Main street sidewalk
circulation system. This connecting sidewalk shall be accessible, readily
visible, and paved.
h) The multi -purpose walkways within the greenway area shall meet the City
of Pearland sidewalk construction standards when adjacent to any public
street. The multi -purpose trails within the storm management area (Sub
Area F) shall be constructed with concrete, asphalt or other hard surface
material such as crushed limestone with fines, well compacted gravel, or
other hard surface material approved by the City of Pearland.
Article XV. Utilities.
1) All proposed utility lines within the PUD development including water supply,
sanitary sewer service, electricity, telephone and gas as well as their connections shall
be placed underground, with the exception of the existing overhead electric lines
crossing through or adjacent to the PUD or installed along Kirby Road, Broadway or
Business Center Drive. Meters, transformers, etc. may be placed above ground
provided they are located within screened areas or are otherwise screened from view
to the general public.
2) If required to accommodate utility extensions through the PUD District, a sixteen -
foot (16') wide utility easement along the -rear lot line or other approved onsite utility
corridor shall be provided to accommodate underground utility distribution lines,
including but not limited to, electric, phone, and cable television.
Article XVI. Storm Water Management
1) The proposed storm water management area in sub area F shall be designed to control
storm water run-off from Sub Areas A through D. Water Quality will be controlled
through the use of a wet detention basin(s), and by methods as required by Pearland's
engineering design criteria manual in force as of the date of this ordinance. Separate,
stand alone storm water management facilities will be provided on Sub Areas Eard
G to accommodate runoff from that sub area. All Storm water management plans
must be approved by the City Engineer
2) Storm water management will be designed in accordance with generally accepted
engineering practice and in accordance with methodology recommended by the
drainage district and the City of Pearland.
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October 3, 2005 Rev. March 02, 2006
Page 31
3) Cross access easements shall be provided between each parcel that is created within
this PUD to insure conveyance of storm water to the storm water management area.
Article XVII. Signage
1) General Standards & Requirements
a) Applicability. All signs shall be erected, displayed, altered and
reconstructed in conformance with this division. Where the requirements
of this division for a particular sign are different than comparable
requirements contained in any other law, ordinance or regulation, the
requirements and standards established in this PUD text shall govern.
2) Signage has been classified by the following types:
a) Town Center identification signs, including Pylon Sign.
b) Department Store and Event Center exterior signs.
c) Main Street Tenant exterior signs.
d) Free Standing Out Parcel Building signs.
e) Directional, Informational and Traffic Control signs.
f) Service Door signs.
3) General Criteria
a) No exterior sign shall be permitted upon any parcel comprising the
Pearland Town Center PUD that:
• flashes, blinks, rotates, moves, is animated or emits any sound,
provided; however, that any theater, event center or developer
information kiosk, reader boards or electronic displays located
within Sub -areas "A" or "C" shall not be deemed to be flashing or
moving signs for the purpose of this criteria.
• is painted on the exterior surface of any building, installed upon
the roof of any building. In Sub Area A, exterior wall treatments
may include painted wall or advertising signs, provided that such
painted signs are designed as an integral part of the architectural
theme being developed for the Town Center or Tenant Store.
• The architectural character of signs shall complement and be
coordinated with building designs.
• No exterior sign, sign panel or logo incorporated will be permitted
to extend above any roof line.
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October 3, 2005 Rev. March 02, 2006
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4) Town Center Identification Signs
a) One ground monument Town Center identification sign shall be permitted
for each of the four (4) driveway entrances to the development. The
Ground signs may be mirrored on both sides of each entry driveway to
create a gateway entry feature. Each sign shall be limited to 10' height
and shall not exceed =100 square feet per face, per side of entrance. In the
event Town Center identification is incorporated into any proposed entry
wall or landscape feature only the actual area of sign text and any logo
identifying the development shall be measured.
b) =One additional ground monument identification sign shall be permitted in
Sub -Area Erc/lt'a«'ru_lrer>, provided it is coordinated with the
design of the ground .monument signs at the Kirby Road entry drives. Sub
Area E ida rtierMg r-r,G, shall meet the size requirements of
Paragraph 4 a) above.
5) Department Store and Event Center Exterior Signs
a) The maximum allowable number of signs per Department Store or Event
Center is Four (4). Signs on one elevation must be contained in one area
and not exceed 400 s.f. per sign.
b) The maximum height of all individual sign letters shall not exceed 72" for
capital and lower case letters, with the top of . the department store
exterior signs being limited to a height of 40' above the, average exterior
grade.
c) As an alternative to the above, one (1) Primary Wall Sign may be
permitted with 96" high letters, provided the . remaining' three permitted
wall signs are limited to 60" high letters.
d) No exterior sign, sign panel or logo incorporated will be permitted to
extend above any roof line.
e) Any Event Center may have an electronic changeable message sign = not
to exceed 400 SF. See UDC Section 4.2.5.3 par. 7 for requirements.
PEARLAND TOWN CENTER
PUD (PD District) Ordinance
October 3, 2005 Rev. March 02, 2006
Page 33
6) Main Street Tenant Exterior Signs
a) All tenant stores located within sub -area "A" shall be permitted .an
exterior building sign for each separate exterior "customer" entrance.
Tenant signs shall not exceed 70% of the store front length on which the
sign is placed. Letter height shall not exceed 36" in height except hotels
which shall be permitted 60" high letters. Blade signs, canopy signs and
three dimensional signs are also permitted, provided the total tenant
signage does not exceed the maximum calculated square footage available
based on tenant frontage.
7) Free Standing Out Parcel Buildings Signs (Sub areas B, C, and D only)
a) The maximum allowable number of signs per free standing building is one
(1) sign for each public street or circulation drive frontage. = Signs must
be contained in one area on the facade and shall not exceed 70 % of
length of the building face to which it is attached. Letter height shall not
exceed 36" in height except hotels which shall be permitted 60" high
letters. One detached ground monument sign shall be permitted within
Sub Areas B through D for each individual building and such sign shall
not exceed five (5') feet in height and not exceed 45 square feet in surface
area per face. Monument sign base shall match the primary exterior
building materials, and shall conform to a standardized ground monument
sign detail to be established by Developer.
b) Flat wall signs shall not extend more than 8" beyond the face of the
surface to which the sign is mounted. Blade signs, canopy signs and three
dimensional signs are also permitted, provided the total tenant signage
does not exceed the maximum calculated square footage available based
on tenant frontage.
c) Signs shall be composed of individual, free-standing letters. No "belt" or
"box" type signs or "pillow" signs will be permitted unless they are part of
a tenants national identity. All necessary sign supports and electrical
connections shall be concealed.
d) All signs must be illuminated and shall derive light from a concealed
source. No exposed lamps, globes or tubes will be permitted. Minimum
return depth for illuminated signs shall be 5". Illuminated signs may be
"pegged out" from mounting surface for silhouette effects.
e) Lettering on all store signs shall be limited to business or trade name of
the premises. No sign manufacturer's name, union labels, or other
lettering shall be visible. Logo signs will be reviewed on an individual
basis by Developer, but in general, national tenants with recognizable
logos within or adjacent to their trade name are acceptable. All logos
shall adhere to the requirements of this criteria.
PEARLAND TOWN CENTER
PUD (PD District) Ordinance
October 3, 2005 Rev. March 02, 2006
Page 34
f) No exterior sign or sign panel will be permitted to extend above any roof
line.
8) Directional, Informational and Traffic Control Signs
a) All traffic control signage on public streets shall conform to' the size
requirements of the "Manual of Uniform, Traffic Control Devices and the
City of Pearland."
b) Pedestrian directional signs, information kiosks and electronic
information devices shall be permitted throughout the Town Center Sub
Area A and Event Center Sub Area C without limitation, provided that
they are used solely to convey directional, town center special event,
public service and related information to the general public.
c) Directional signage identifying receiving and loading areas, access routes
and other elements requiring further identification are permitted provided
they have a consistent design and appearance coordinated with the other
Town Center identification signs.
9) Service Door Signs
a) Each Tenant shall be permitted to install one sign on a service door to
identify the name of the business. The content of the sign shall be limited
to the name of the business only.
b) The lettering shall be consistent color and type style, two inches high, and
shall be located no higher than 5'-6" above finish floor.
10) Announcement Signs
a) The following types of Announcement signs shall be permitted within the
PUD:
• Project Announcement Signs- Limited to two (2) Overall
Development Signs not exceeding 96 = SF per face each sign, and
one (1) additional sign for each sale or lease parcel created by
Developer, not exceeding 64 SF per face for each additional sign.
• Banners, Pennants and Temporary Signs used for advertising
purposes provided that they are not visible from public streets. On
premise externally illuminated portable signs, banners, and
windblown signs such as pennants, flags, and streamers for special
events and grand openings shall be permitted provided they do not
exceed 20 SF in area. There shall be no limit on the amount of
Developer placed Banners, flags or signs along Town Center
PEARLAND TOWN CENTER
PUD (PD District) Ordinance
October 3, 2005 Rev. March 02, 2006
Page 35
Drive, East or West Main Streets or other circulation routes within
the PUD.
• Project Announcement signs shall be removed within 30 days after
an occupancy permit is issued.
• Land Available and Real Estate Signs. Signs offering land
available for sale or lease shall be limited to 64 SF per sale or lease
parcel provided that no .more than one sign be installed for each
500 feet of frontage.
PEARLAND TOWN CENTER
PUD (PD District) Ordinance
October 3, 2005 Rev. March 02, 2006
Page 36
24/24/2006 10:58 ALRMO TITLE RIVERWRY
NO.668 PO6
GF No. 06-50509974
pull BIT "A"
9.9200 gross acres or 432,130 square feet of !and, being Lot One of The Allison -Richey Gulf
Coast Home Company Subdivision, Section 81, H.T, & H.R.R. Company Survey, Abstract 300,
recorded in Volume 2, Page 98 of the Plat Records of Brazoria County, Texas, and being
described in deed recorded in County Clerk's File No. 03-02090B, Official Records of Brazoria
County, Texas; LESS AND EXCEPT a 0.050 acres as recorded in Brazoria County Clerk's File
No. 02-041089, LESS AND EXCEPT a 0.6189 acres of land, LESS AND EXCEPT a 0.4040
acres of land, and LESS AND. EXCEPT a 1.403 acres of land described in deed recorded in
County Clerk's File No. 2005035576, Official Records of Brazoria County, Texas.
FOR DESCRIPT(VE PURPOSES ONLY - SEE SURVEY REQUIREMENT ON SCHEDULE C HEREIN.
I NOTES
Lzi7 .. 1. THE SURVEYOR Ws NOT ABSTPACIE I THE SUSIECT 3. THE BURDENGS OR WPROVENEHIS San HEREON
C PROPERTY' BUT W s RELIED ON HENDELSON ABSTRACT REPRESEM THE OURUNE AT GROUND 91RF3 LEVEL
O .� col COMPANY In PROVIDE DEED COPES OF THE SUBJECT L!'.ZSs OINERWTSE NOIm.
N S x -- m o co ^ PROPERTY MD ADJDTNERS. . �p
P7 i•" "'S 6 N �' 2. THE. BASIS OF. BE JBNGS SHORN IS 49509OI D TO 7EE SHOWN HEREON AROSE A(6TBlk A neeTIYE OF '
rrl "' H soa n n 1 1 . . 1 TONS COORDINATE 5751E1 Of 19B3. SOUTH C o W. SURVEY AND. MAY HOT BE COA1PLZTE •
T3 .-0 'C I 2ON SECTION'
oh oN 4L 1 LOT 3 T.C. R.R. Co. S
BLOCK 19
W000
• BRIOCE
S. IRHC= SHONN HEREON '51EEECT TD CRY OF PEMUND
BUIDWG OROU4INCE
6.91AFR0ROUND UTBYTIET NITT. SHOWN- CONDUCTOR S
RESPONSIBLE,FOR VERIFICATION •OE UNDERGROUND UIRJDFS.
7. IRS SUR.'EY PLAT IS A00011PANIED BY A SEPARATE HOES
MO BOUHOS DESCHIPOON PEA TEXAS 80IR0 OF
PROFESSIONAL 1M0 5URVEYDR'S 09NERA. RULES OF
URYE.. PROCEDURES AND PRAcucES' SFCNON 56319(9).
PEARLAND UNESTMENTS UMITF.D PARTNERSHIP 4-678 S SET CAPP9 RODS srumm C . DAMS, RBI S. N0. 4464
I • TD ALUSON—RIG��' GULF F COAST
.ISHAOOW'CRFACM�CH PARTNERSHIP
HIPENT COMPANY HOME CO. S SUBDIVISION SO' AMERCAN CANAL CO.
(02-063452 T0.C.G.R.) (VOL 2, Pg. 99 B.C.P.R.) (VOL.638. PG. 127 B.
14
12- D.R.)
G3-2002
FND.3
r
MUTH UNE A-678%COUNTY ROAD 92 (R/W VARWES)T
UNEA,3009 ^__ MaTa[NoR7H
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PROPOSED SOUTH R/W S 86'46'15p W 872.99
60' AMERCAN CANAL CO.
RIGHT -OF -WAY -LATERAL 14
(VOL 638. PG. 127 9.C.DR.)
ORIGINAL AREA (APPROX.) 9.920 ACRES
RIGHT-OF—WAY TAKING 1.403 ACRES
RESIDUE 8.517 ACRES
LOT 1
BC-5
1GNATIUS LEONARDS
TO
W.C. PROPERTIES, LTD.
(03-020908 B.C.O.R.)
04-04-2003
SEC77ON 81
ALUSON—RICHEY GULF COAST
HOME CO.'s SUBDIVISION
(Vol. 2, Pg. 98 B. C.P.R.)
H.T. & B. R.R. Co. SURVEY
A-300
UNE
DISTANCE
BEARING
L1
70.00'
N 031J45' W
L2
70.00'
S 0Y1345' E
LEGEND
(5)
872.99'
SET 5/8" IR
WITH CAP
50'STfLP DEDICATED
FOR ROAD mean
(2004-051264 9.C.O.R.) sONC. WALK
(2)24•CP
(2)END TWA. WENT IEMTa
EXISTING ASPHALT ROAD)
ORIGINAL 40' ROADWAY
(VOL 2. PG. 98 9.C.P.R.)
9C-4
IGNATIUS LEONARDS
Ta
UNDO SOUTNGATE. LTD.
(02-041089 9.C.OR)
06-24-2002
1 SHADOW CREEK RANCH
EAST CLEAR LAKE LOOP &
KIRBY DRIVE EXTENSIONS
(VOL. 2.1 PG. 121-122 B. C.P. R.)
3
COMMENCING POINT
GPS MONUMENT No. 9
Ao_���
3013. MKR d�
PP
(S)
4464
DATE Ca. HAW N,P.0.5, No.
I HEREBY CERTIFY THAT THIS SURVEY WAS
BADE ON THE GROUND OH 06-20-2004
AND THAT THIS DRAWING SUBSTANOHLY
CORPUTS WITH THE CURRENT TEAR
SOCIETY OF PROTEssI01UL SURVEmRS
STANDARDS AND SPECIFICATIONS FOR A
CATEGORY 2. CONDI110N 1 SURVEY.
THIS CERNFIGTIOt(6 REVOIG'0 AND THE
SURV£Y'NUIL AND VOID IF IRIS DOCUMENT
IS ALTERED IN ANr WILIER. 0R OM NOT
� � DV, SEAL AND SIGNATURE OF
h
9 78373°. w
P.O.B. MH
FN0.5/8'IR
Exhibit. B
PARCEL
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9'
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GPS MONUMENT No. 10
PARCEL BC-5
m C.L. DAMS & CO. 'rvaxotc wAy
nxe
'1-
) LAND SURVEYING 264az-web
ROUTE SURVEY
1.403 ACRES OUT OF LOT 1
SECTION 81
ALUSON-RICHEY GULF COAST
HOME CO.'S SUBDIVISION
(VOL. Z. PG. 98 B.C.P.R)
PEARLAND, BRAZORIA COUNTY, TEXAS
OATS 09-28-1024 SOALE: 1'-..Too' {JOB Not 11-421-43
OIVC. 42I430PS1-SURFACE-PARCEL
WESTERN
DISTRICT
SUB -AREA G
±8.5 AC
WESTERN
DISTRICT
SUB -AREA E
±18.2 AC
SOUTHERN
DISTRICT
SUB -AREA D-1
±5.7 AC
SUB -AREA B-1
±7.3 AC
Broadway County Road #92
N SRN DISTRICT
SUB -AREA B-2
±10.0 AC
TOWN CENTER
DISTRICT
SUB -AREA A
±78.2 AC
EVENT CENTER
DISTRICT
SUB -AREA C
±17.8 AC
STORMWATER
MANAGEMENT AREA
SUB -AREA F ±20.1 AC
CC
v0
o
0.
0
o.
SOUTHERN
DISTRICT
SUB -AREA D-2
±7.4 AC
Interstate 288
Note: sub -area limits shown are conceptual and may be
modified upon approval of Planning Director
CBL & ASSOCIATES PROPERTIES, INC.
2030 HAMILTON PLACE BLVD.CHATTANOOGA, TN 37421-6511
PEARLAND TOWN CENTER
PEARLAND, TX
SUB -AREA MAP
1468 was? 9^ street, 8600
Cleveland. olio 44113
216781.9144 216.781,6566979
www.9:81^0.com
Community Services
Memo
To: Bill Eisen,
From: Nicholas J. Finan
CC: Mayor and City Council
Lata Krishnarao
Date: February 20, 2006
Re: CBL — Pearland Town Center
City of Pearland
At the City Council meeting of February 13, 2006, a question was asked about the exclusion list that
staff had recommended and that appeared to be part of P&Z's recommendation. It was stated that the
full list should be included, not just the partial list shown within the document. This appeared to be the
consensus of the City Council. It was stated by the applicant that the new UDC addressed these
exclusions and that it was not necessary to list them. Staff reviewed the UDC and those items listed in
staffs recommendation would be permitted by right or by CUP in the new UDC. After discussion with
the applicant, those that were listed by right were added to the exclusion list of the PUD. The
amendments requested by the applicant at the meeting including the density ratio limit, etc. also
indicated the change in the exclusion list. The only two items listed that were not included was the •
automobile rental since dealerships allow for rental and animal hospital since large pet stores sometime
provide medical assistance. Staff was in agreement that these did not need to be on the exclusion list
that staff had originally prepared. The city attomey was consulted on the matter and agrees the
changes do not constitute a substantial change necessitating a new notice, etc.
A clean document has been prepared that includes all of the changes. Your packet should have an
updated clean copy. The clean document will be part of the ordinance and will remain with the city
secretary's office. The Planning Department will also have a print of the final document.
1
02/21/06 TUE 17:47 FAX 423 490 8602 CBL DEVELOPMENT
Z] 002
CHARLES B, LEBOVITZ
Chairman of the Board
and Chief Executive O(fiter
STEPHEN D. LEBOVITZ
President
MOSES LEBOVITZ
(1905-1991)
CBL & ASSOCIATES PROPERTIES, INC.
February 21, 2006
Mr. Nick Finan
Executive Director of Community Services
City of Pearland, TX
3519 Liberty Avenue
Pearland, TX 77581
Re: Ordinance Number 509-8 i 9, CBL & Associates, Properties, Inc.
Dear Nick:
JOHN N. FOY
Vico Chairman of the Board
, and Chief Finandal Officer
BEN S. UNDRESS
Executive Vice Prc4idant
Thank you for your assistance in establishing this PUD document that serves both the needs of
the City of Pearland and the needs for the Pearland Town Center Project that we are planning in
your city. You, Lata and your staff have been extremely helpful and responsive and we
appreciate all that you have done to assist us.
In response to the request of the Council at the February 13th, 2006 meeting regarding the
requested changes to our PUD, we have complied with the council's request by limiting the
multifamily component in Sub -Area E to 9.4 units per usable acre as allowed in your UDC and
we have corrected the paragraph references on page 9, the Land Use Area Table as pointed out to
us.
We also have added additional excluded uses inside the PUD as was shown and referenced in the
staff memo of November l 41' . We agree that these uses are not compatible with our
development and appreciate this being pointed out to us. -
We have submitted clean copies of the PUD as requested and we hope that this document now
meets the desires of the council and the staff. Thank you again for your assistance and we look
forward to working with you and your staff in the future as we progress with this project.
Sincerely,
CBL & ASSOCIATES PROPERTIES, INC.
Jeff C. Brewer
Project Manager
CBL
CBL Center, Suite 500 L 2030 Hamilton Place Boulevard I Chattanooga, TN 37421-6000 I (423) 855-0001 1 Fax (423) 490-8662
01
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OWNERSHIP MAP N
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Zone Change Application S
No. 1249
Map Prepared on November 4, 2005
0 500 1,000 Feet
1 1 1 1 1
*all property owners may not be shown due to
limited space on the map - see the Property Owner
Listing for a complete list of all owners notified
PROP ID OWNER
R168108 MARTIN PEYTON TRUSTEE
R543648 MELBER KENNETH R TRUSTEE
R495215 WEEMS ELIZABETH V TR%FIRST CITY TX
R548782 LINGO SOUTHGATE LTD
R168132 CENTERPOINT ENERGY ELECTRIC OPS
R168108 MARTIN PEYTON TRUSTEE
R168108 MARTIN PEYTON TRUSTEE
R168108 MARTIN PEYTON TRUSTEE
R168108 MARTIN PEYTON TRUSTEE
R168130 FERNANDEZ ALFREDO & ALFONSO ZAPATA
VERNON G HENRY AND ASSOCIATES INC
CBL & ASSOCIATES PROPERTIES INC
R548784 LINGO SOUTHGATE LTD
R500027 WALSH WILLIAM C
R168130 FERNANDEZ ALFREDO & ALFONSO ZAPATA
R168108 MARTIN PEYTON TRUSTEE
R168110 WALSH WILLIAM C
R168108 MARTIN PEYTON TRUSTEE
R541526 LINGO SOUTHGATE LTD
R168117 WC PROPERTIES LTD
R179016 WALSH WILLIAM C
R168102 WISE WILLIAM J TR%CHARLES KENNEDY JR
R168101 WALSH WILLIAM C
R168108 MARTIN PEYTON TRUSTEE
R168108 MARTIN PEYTON TRUSTEE
R541526 LINGO SOUTHGATE LTD
R541526 LINGO SOUTHGATE LTD
R180173 SHADOW CREEK RANCH DEVELOPMENT
R550503 NEWMARK HOMES LP
R550501 ASHTON HOUSTON RESIDENTAL LLC
R539092 LILLEY LARY
R550502 ASHTON HOUSTON RESIDENTAL LLC
ZONE CHANGE APPLICATION NO. 1249
Property Owner Notification List
ADDRESS
310 MORTON ST # 280
1177 WEST LOOP S STE 1670
PO BOX 2558
17225 EL CAMINO REAL STE 170
PO BOX 1475
310 MORTON ST # 280
310 MORTON ST # 280
310 MORTON ST # 280
310 MORTON ST # 280
2425 EVERGREEN DR
1800 WEST LOOP SOUTH STE 1750
2030 HAMILTON PLACE BVD #500
17225 EL CAMINO REAL STE 170
PO BOX 760
2425 EVERGREEN DR
310 MORTON ST # 280
PO BOX 760
310 MORTON ST # 280
17225 EL CAMINO REAL STE 170
PO BOX 580426
PO BOX 760
2764 BINGLE RD
PO BOX 760
310 MORTON ST # 280
310 MORTON ST # 280
17225 EL CAMINO REAL STE 170
17225 EL CAMINO REAL STE 170
5195 LAS VEGAS BLVD S
6500 RIVER PLACE BLVD BLDG II
11375 W SAM HOUSTON PKY S STE 100
1809 OAKLAND CIR
11375 W SAM HOUSTON PKY S STE 100
CITY
RICHMOND
HOUSTON
HOUSTON
HOUSTON
HOUSTON
RICHMOND
RICHMOND
RICHMOND
RICHMOND
PEARLAND
HOUSTON
CHATTANOOGA
HOUSTON
PEARLAND
PEARLAND
RICHMOND
PEARLAND
RICHMOND
HOUSTON
HOUSTON
PEARLAND
HOUSTON
PEARLAND
RICHMOND
RICHMOND
HOUSTON
HOUSTON
LAS VEGAS
AUSTIN
HOUSTON
PEARLAND
HOUSTON
ST ZIP CODE LEGAL DESCRIPTION
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
TN
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
NV
TX
TX
TX
TX
77469-3119
77027-9027
77252-2558
77058-2748
77251-1475
77469-3119
77469-3119
77469-3119
77469-3119
77581-5846
77027
37421
77058-2748
77588-0760
77581-5846
77469-3119
77588-0760
77469-3119
77058-2748
77258-0426
77588-0760
77055-1135
77588-0760
77469-3119
77469-3119
77058-2748
77058-2748
89119-3209
78730-1119
77031
77581-7102
77031
A0300 H T& B R R, TR 2-3-11T015-23T025-31T035, ACRES 149.35
A0675 J W MAXEY, BL 20, TR 4B, LOT 3A BLOCK 23, ACRES 2.65
A0300 H T & B R R, TRACT 36 (UND 1/12), ACRES 0.833
SOUTHGATE SEC 1 (A0300 H T & B), LOT A, ACRES 13.97
SOUTHWYCK SUBST LTS 43A-44 300 H T & B, ACRES 5.075
A0300 H T& B R R, TR 2-3-11T015-23T025-31T035, ACRES 149.35
A0300 H T& B R R, TR 2-3-11T015-23T025-31T035, ACRES 149.35
A0300 H T& B R R, TR 2-3-11T015-23T025-31T035, ACRES 149.35
A0300 H T& B R R, TR 2-3-11T015-23T025-31T035, ACRES 149.35
A0300 H T & B R R, TR 44A-45-45A, ACRES 10.000
APPLICANT
PROPERTY OWNER
SOUTHGATE SEC 1 (A0300 H T & B), LOT C, ACRES 2.58
A0564 H T & B R R, TR 49-50, ACRES 20.000
A0300 H T & B R R, TR 44A-45-45A, ACRES 10.000
A0300 H T& B R R, TR 2-3-11T015-23T025-31T035, ACRES 149.35
A0300 HT&BR R, TR 21, ACRES 5.000
A0300 H T& B R R, TR 2-3-11T015-23T025-31T035, ACRES 149.35
A0300 H T & B R R, TR 1A-2A-3A-11A-12A, ACRES 3.50
A0300 HT&B R R, TR 1, ACRES 9.95
A0564 H T & B R R, TR 47, ACRES 10.000
A0300 H T & B R R, TR 21A-22, ACRES 8.990
A0300 H T & B R R, TR 21A1, ACRES 1.000
A0300 H T& B R R, TR 2-3-11T015-23T025-31T035, ACRES 149.35
A0300 H T& B R R, TR 2-3-11T015-23T025-31T035, ACRES 149.35
A0300 H T & B R R, TR 1A-2A-3A-11A-12A, ACRES 3.50
A0300 H T & B R R, TR 1A-2A-3A-11A-12A, ACRES 3.50
A0675 J W MAXEY, BL 19, TRACT 4, ACRES 5.521
SHADOW CREEK RANCH SF-16B, BLOCK 1, LOT 31
SHADOW CREEK RANCH SF-16B, BLOCK 1, LOT 29
A0675 J W MAXEY, BLOCK 19, TR 4A, ACRES 0.115
SHADOW CREEK RANCH SF-16B, BLOCK 1, LOT 30
R539095 KAPACINSKAS HEIDI
R168108 MARTIN PEYTON TRUSTEE
R550471 SHADOW CREEK RANCH DEV CO
R541526 LINGO SOUTHGATE LTD
R180189 WCF DEVELOPMENT XLP
R180191 WCF DEVELOPMENT XLP
R180182 WCF DEVELOPMENTXLP
R180222 SHADOW CREEK RANCH DEVELOPMENT
R168108 MARTIN PEYTON TRUSTEE
R510975 WALSH WILLIAM C
R539096 PEARLAND INVESTMENTS LTD PRT
R539093 CORL CHRISTIAN
R539094 PEARLAND INVESTMENTS LTD PRT
R168123 MCMILLIN MICHAEL & KATIE TRST
R168132 CENTERPOINT ENERGY ELECTRIC OPS
R168102 WISE WILLIAM J TR%CHARLES KENNEDY JR
R168100 HO ANDREW PHUC & HAI KIM PHAN
R168108 MARTIN PEYTON TRUSTEE
R168108 MARTIN PEYTON TRUSTEE
R168108 MARTIN PEYTON TRUSTEE
R548783 LINGO SOUTHGATE LTD
R500027 WALSH WILLIAM C
R541526 LINGO SOUTHGATE LTD
R168123 MCMILLIN MICHAEL & KATIE TRST
R168108 MARTIN PEYTON TRUSTEE
R168105 LANIK FAM LIVING TR%EVERETT OR MAY LANIK
R168107 LINGO SOUTHGATE LTD
ZONE CHANGE APPLICATION NO. 1249
Property Owner Notification List
2606 SALADO DR
310 MORTON ST # 280
2947 BROADWAY ST STE 303
17225 EL CAMINO REAL STE 170
1177 WEST LOOP S STE 1670
1177 WEST LOOP S STE 1670
1177 WEST LOOP S STE 1670
5195 LAS VEGAS BLVD S
310 MORTON ST # 280
PO BOX 760
PO BOX 95398
2422 BROADWAY ST
PO BOX 95398
10575 WESTOFFICE DR
PO BOX 1475
2764 BINGLE RD
2310 GLOSSON RD
310 MORTON ST # 280
310 MORTON ST # 280
310 MORTON ST # 280
17225 EL CAMINO REAL STE 170
PO BOX 760
17225 EL CAMINO REAL STE 170
10575 WESTOFFICE DR
310 MORTON ST # 280
SH 288
17225 EL CAMINO REAL STE 170
PEARLAND
RICHMOND
PEARLAND
HOUSTON
HOUSTON
HOUSTON
HOUSTON
LAS VEGAS
RICHMOND
PEARLAND
LAS VEGAS
PEARLAND
LAS VEGAS
HOUSTON
HOUSTON
HOUSTON
PEARLAND
RICHMOND
RICHMOND
RICHMOND
HOUSTON
PEARLAND
HOUSTON
HOUSTON
RICHMOND
PEARLAND
HOUSTOhf
TX
TX
TX
TX
TX
TX
TX
NV
TX
TX
NV
TX
NV
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
77584-9110
77469-3119
77581-9500
77058-2748
77027-9027
77027-9027
77027-9027
89119-3209
77469-3119
77588-0760
89193-5398
77581-6408
89193-5398
77042
77251-1475
77055-1135
77584-5200
77469-3119
77469-3119
77469-3119
77058-2748
77588-0760
77058-2748
77042
77469-3119
77584
77058-2748
A0675 J W MAXEY, BLOCK 19, TRACT 4D, ACRES 0.115
A0300 H T& B R R, TR 2-3-11T015-23T025-31T035, ACRES 149.35
SHADOW CREEK RANCH SF-16B, LOT A, ACRES 1.676
A0300 H T & B R R, TRACT 1A-2A-3A-11A-12A, ACRES 3.50
A0675 J W MAXEY, BLOCK 20, TRACT 4, ACRES 3.035
A0675 J W MAXEY, BLOCK 20, TRACT 4A, ACRES 4.800
A0675 J W MAXEY, BLOCK 20, TRACT 3, ACRES 9.60
A0678 T C R R , BLOCK 19, TRACT 1-3, ACRES 22.270
A0300 H T & B R R, TR 2-3-11T015-23T025-31T035, ACRES 149.35
A0564 H T & B R R, TRACT 48, ACRES 10.00
A0675 J W MAXEY, BLOCK 19, TRACT 4E, ACRES 0.115
A0675 J W MAXEY, BLOCK 19, TRACT 4B, ACRES 0.115
A0675 J W MAXEY, BLOCK 19, TRACT 4C, ACRES 0.115
A0300 H T & B R R, TRACT 42-43, ACRES 4.690
SOUTHWYCK SUBST LTS 43A-44 300 H T & B, ACRES 5.075
A0300 H T & B R R, TRACT 21A-22, ACRES 8.990
PT LT 22A 300 H T & B, ACRES 4.000
A0300 H T & B R R, TR 2-3-11 T015-23T025-31 T035, ACRES 149.35
A0300 HT &B R R, TR 2-3-11T015-23T025-31T035, ACRES 149.35
A0300 H T& B R R, TR 2-3-11TO15-23T025-31T035, ACRES 149.35
SOUTHGATE SEC 1 (A0300 H T & B), LOT B, ACRES 3.88
A0564 H T & B R R, TRACT 49-50, ACRES 20.000
A0300 H T & B R R, TRACT 1A-2A-3A-11A-12A, ACRES 3.50
A0300 HT & B R R, TRACT 42-43, ACRES 4.690
A0300 H T& B R R, TR 2-3-11T015-23T025-31T035, ACRES 149.35
A0300 H T & B R R, TRACT 46-47, ACRES 10.230
A0300 HT & B R R, TRACT 5-TRACT A, ACRES 111.150
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FUTURE LAND USE PLAN N
Zone Change Application
No. 1249
s
0 500
1[111
1,000 Feet
Map Prepared on November 4, 2005
MINUTES OF THE JOINT PUBLIC HEARING
NOVEMBER 21, 2005, AT 6:30 P.M.
A. Zone Change Application No. 1249
A request by Vernon G. Henry & Associates, Inc., applicant for CBL &
Associates Properties, Inc., owner, for an amendment to the Land Use
and Urban Development Ordinance of said City, for approval of a change
in zoning district from classification Suburban Development District (SD)
and General Business District (GB) to Planned Unit Development District
(PUD), on the following described property, to wit:
General Location: Generally Located on the South Side of Broadway
Street, and on the West Side of County Road 566,
and also West of State Highway 288
Planning & Zoning Chairperson Ruby Sandars read the purpose into the
record.
Planning Director Krishnarao presented the Staff Report.
Jeff Brewer, of CBL Properties in Chattanooga, TN gave a PowerPoint
presentation. Also present to speak was Steve Moluse of KA Architects of
1468 W. 9th St., #600, Cleveland, OH 44113. He addressed the staff
review comments as noted in a handout given to
Council/Commission/Staff.
Present to speak in favor of the PUD was Michael Klaus of 5016
Groveton, Pearland, TX 77581.
There was no one else present to speak for or against this PUD.
There was much discussion between Council/Commission/Staff.
Concerns were the hotel parking spaces, the apartments and the 900 s.f.
of green space, density and ownership. Also addressed was the parking
and who would maintain it, and parking around the Event Center. Mr.
Marcott stated the handout that was given to them tonight by KA
Architects was dated 11/18/05. Council, Commission and Staff did not
have time to review prior to this hearing and therefore could not comment
on it.
There was no further discussion between Council/Commission/Staff.
The Public Hearing for Zone Change Application No. 1249 was adjourned
at 10:39 p.m.
JPH Minutes, 11/21/05
Page 1 of 1
MINUTES
REGULAR MEETING
CITY OF PEARLAND PLANNING AND ZONING COMMISSION
November 21, 2005 AT 7:30 P.M.
D. CONSIDERATION & POSSIBLE ACTION - Zone Change
Application No. 1249
A request by Vernon G. Henry & Associates, Inc., applicant for CBL
& Associates Properties, Inc., owner, for an amendment to the
Land Use and Urban Development Ordinance of said City, for
approval of a change in zoning district from classification Suburban
Development District (SD) and General Business District (GB) to
Planned Unit Development District (PUD), on the following
described property, to wit:
General Location: Generally Located on the South Side of
Broadway Street, and on the West Side of County Road 566, and
also West of State Highway 288
Vice -Chairperson Iocco made a motion to approve for the sake of
discussion, and Commissioner Fuentes seconded.
Chairperson Sandars felt that the document was too vague. Vice -
Chairperson locco felt that there were too many documents, and it
should all be presented in one document. Commissioner Fuentes
asked for Staffs comments. Planning Director Krishnarao stated
their major concern was the 36 outstanding items that still need to
be addressed.
Chairperson Sandars made a motion for this to be tabled until the
36 items were addressed, and with more specific documents.
The vote was 5-0 to table this PUD request.
P&Z Minutes, 11/21/05
Page 1 of 1
MINUTES OF A REGULAR MEETING
OF THE PLANNING AND ZONING COMMISSION
JANUARY 16, 2006 AT 6:30 P..M.
J. Consideration & Possible Action of Zone Change Application
No. 1249
A request by Vernon G. Henry & Associates, Inc., applicant for CBL &
Associates Properties, Inc., owner, for an. amendment to the Land Use
and Urban Development Ordinance of said City, for approval of a change
in zoning district from classification Suburban Development District (SD)
and General Business District (GB) to Planned Unit Development District
(PUD).
Planning Director Krishnarao read the Staff report.
There was much discussion between the Commission/Staff, as each
outstanding item was addressed.
Architect, Steve Moluse addressed the Commission regarding parking and
density.
Chairperson Ruby Sandars made a motion to table this PUD, and Vice -
Chairperson locco seconded.
The vote was 7-0 to table the PUD, and bring back at the February 6th
P&Z Meeting. The Commission will make a recommendation to Council at
that meeting.
JPH Minutes, 1/16/06
Page 1 of 1
CITY OF PEARLAND
PLANNING & ZONING
JOINT PUBLIC HEARING ITEM
DATE: November 14, 2005
TO: City Council and Planning and Zoning Commission
FROM: Lata Krishnarao, AICP, Planning Director
SUBJECT: Joint Public Hearing Regarding a Proposed Pearland Town
Center Planned Unit Development (PUD) Generally Located
at the Southwest Intersection of SH 288 and Broadway.
The above referenced Planned Unit Development (PUD) is scheduled for a Joint
Public Hearing on November 21, 2005. This item was discussed at a joint
workshop of the Planning Zoning Commission and Council on November 7, 2005.
Since then staff has completed a review and has been working with the applicant
to address the issues that were brought up at the workshop. These have been
discussed in this memo.
A redlined copy of the revised PUD document is attached for your review. The
original PUD is also attached for reference to maps and drawings.
The applicant will be available to make a presentation to the Council and the
Commission at this public hearing and address questions and concerns.
SUMMARY:
- The subject property is generally located on the west side of SH 288 and
south of Broadway. More specifically the property will be bounded by the
proposed CR 566 on the east, Broadway on the North, proposed Kirby
Road on the west and private property on the South.
The subject property is approximately 160 acres.
Pearland Town Center PUD — JPH 11/21/05
Page 1 of 8
Upon build out, more than 1,000,000 square feet of development is
anticipated in this Lifestyle Center.
- The subject property is currently zoned "SD" — Suburban Development
District.
- This Lifestyle Center PUD, called Pearland Town Center is proposed to be
a mixed use commercial development composed of traditional fashion
department stores, retail shops, restaurants, entertainment uses,
commercial office, multi -family housing (up to 400 units), hospitality (200
room hotel), and civic land uses with appropriate public and pedestrian
amenities integrated throughout the development. An 18-acre portion of the
PUD is proposed to accommodate a multi purpose event and performing
arts center along with retail and entertainment uses.
- The developers intend to open the project in Spring 2008.
SURROUNDING ZONING AND LAND USES:
North
South
East
West
Zoning
PUD and Commercial (C)
Suburban Development
District (SD)
Suburban Development
District (SD) and Commercial
District (C)
Suburban Development
District (SD)
Land Use
Broadway, Single Family
Residential Shadow Creek Ranch,
and proposed commercial
development
Predominantly vacant land
Vacant land, self storage facility
Vacant land
CONFORMANCE TO THE COMPREHENSIVE PLAN: The Comprehensive Plan
recommends Business Park uses in this general area (along SH 288) with low
density residential for the western part of the site. Business Park district is a non-
residential district that recommends large office complexes/campuses and retail
development that create high quality development thereby enhancing the City's
image. Business Park District also includes high density residential along the
Pearland Town Center PUD — JPH 11/21/05
Page 2 of 8
outer edge of the district. Low Density Residential recommends single-family
development with lot sizes between 8,800 square feet and 1/2-acre.
The proposed Town Center (excluding the residential component) would generally
conform to the Business Park district.
CONFORMANCE TO THE THOROUGHFARE PLAN
Proposed CR 566: The Thoroughfare Plan proposes CR 566 to be a Secondary
Thoroughfare with a 100-foot ROW between Broadway and CR 59.
Proposed Kirby Road extension: The Thoroughfare Plan proposed Kirby Road to
be extended south of Broadway up till CR 59 as a Secondary Thoroughfare with a
minimum ROW of 100'.
Broadway / CR 92: Broadway is proposed as a Major Thoroughfare with a
minimum ROW of 120'.
At the time ;of platting and construction, these surrounding streets would need to
meet the requirements of the Thoroughfare Plan.
STAFF RECOMMENDATION:
The proposed Town Center generally conforms to the recommendations of the
Comprehensive Plan and staff is in favor of this PUD if the following comments are
addressed.
STAFF REVIEW COMMENTS:
The following issues were identified as part of preliminary staff review and joint
workshop. Additional comments may be added after further discussion, review,
and the Joint Public Hearing.
1. Permitted Uses:
a. The PUD states that all uses (permitted or conditional uses)
permitted in all non-residential districts, except those exclusively
permitted in M-1 and M-2, shall be permitted in this PUD. Is this
OK?
Some of the permitted uses would include — boarding houses;
agriculture uses; husbandry; farms; drag strip/ race tracks; recreation
uses; auto elated uses like auto body repair, auto assembly, auto
leasing, paint shop, muffler shop, parts manufacturing, dealerships
etc.; rehabilitation care facility (halfway house); animal hospital;
assisted living; child care and group homes; contractor storage
yards; etc.
Is this acceptable?
b. Page 6 — Permitted Uses: Should refer to section "E" on page 7 that
prohibits drive-throughs in sub -area A.
Pearland Town Center PUD — JPH 11/21/05
Page 3 of 8
c. PUD should be specific that the residential uses allowed would be
multi -family ones, not single family or town homes — if the Council
and Commission -desire.
2. Staff recommends that a note be added that, unless specified in the
PUD, all requirements of the Land Use and Urban Development
Ordinance /Unified Development Code and other City Ordinances will be
met.
3. PUD does not address any outdoor storage or display. Since this PUD
does not have an underlying zone, is it assumed that outdoor storage is
allowed?
4. Maintenance responsibility of all proposed open spaces and amenities
has not been clarified in the PUD document. The PUD does not clarify
if any open space is being dedicated to the City.
5. Open Space dedication is required at a rate of one acre per 100 units.
At the Parks Director's approval Parkland Dedication fee may be.
accepted in lieu of open space.
6. Staff supports the mixed -use nature of this development, however close
proximity of the residential portion to the event center is a concern due
to traffic backups, lack of parking, noise, etc.
7. The site plan shows a parking garage on each side of the residential
buildings. Staff recommends that parking garages to be more
concealed -- either located more internally to the other structures or
screened with some type of attractive facade treatment.
8. Please note that a Traffic Impact, Analysis will be required at the time of
platting and all resulting requirements need to be met. TXDOT permits
would be required for traffic and circulation plan. The driveway
locations, alignment of streets (including CR 566, entrance drives etc.)
are not final as shown in the PUD and will be based on a Traffic Impact
Analysis and approvals from City and TXDOT.
Page 6 — Circulation — Please add a note that all driveway locations,
streets and access points will be designed as per the requirements of
the TIA and upon approval by the City and TXDOT.
Pearland Town Center PUD —JPH 11/21/05
Page 4 of 8
9. Label `Description of Tract' as `Exhibit A' as referred to in page 1.
10. Ownership Exhibit —The patterns utilized to depict ownership are not
clearly distinguishable. Please modify.
11.The PUD states that there willbe no minimum lot size and allows lot
widths of 30 feet. Is this an issue?
12. Gross Leasable Area also excludes mezzanines, public auditorium,
management office in addition to other spaces. These areas all would
be occupied and would require parking spaces. Therefore staff
recommends that these be included in Gross Leasable Area, if used for
parking and other calculations.
13. Page 3: Composite Parking Ratio: Current requirement for multi family
is 2.5 spaces per unit and for hotel is 1.1 per guest room. Staff is in
favor of reduced parking as proposed if the applicant can demonstrate
that the provided parking (one space for each hotel room and two
spaces for each multi -family unit) is adequate. Same comments for
page 9.
14. Typically outdoor storage and display needs a Specific Use permit in C
zone and is prohibited in a GB zone. Is outdoor storage and display an
issue? Should it be specifically addressed?
15. Page 5 — Sub -Area "E" — The PUD states that this area may be
developed as either retail or residential. It does not clarify what kind of
residential or specify density for residential use. This needs to be
clarified in the PUD.
16. Sub -Area "F" — Staff recommends that the storm management area be
treated as an amenity and provide walking trails. Staff recommends that
the word "_ _ storm management area but may contain pedestrian trails
` be reworded to replace "may" with a "shall". A concept plan needs
to be included in the PUD to show amenities provided around the
detention basin area.
17. Page 7 — Height & Yard Requirements:
a. The PUD states that no parking setback shall be required from
any public or private streets created within the PUD. Do these
Pearland Town Center PUD — JPH 11/21/05
Page 5 of 8
include Town Center Dr and Main St? The PUD needs to identify
public and private streets.
b. The PUD allows minimum frontage of 30' and flag Tots. Is this
OK?
c. In the past, City Attorney's office has concurred with staffs that
no parcel/lot can be carved out and sold unless that exact
configuration was shown on a plat. If their master plat does not
have each lot laid out, then whenever they further subdivide to
sell off lots they will have to plat those new Tots according to the
Subdivision Ordinance. City's legal department has advised that
there is no way around that under state law or our ordinance.
Therefore the language needs to be modified to reflect this.
d. Also, the subdivision ordinance requires that all lots created
need to have frontage and access from a public or private street.
Access through an easement, as mentioned in the PUD, would
not be consistent with the Subdivision Ordinance.
18. Entrance walls/signs, ground monumental signs, landscape elements
etc. should be located outside the visibility triangle. Please add this in
paragraph 4'under section F on page 7.
19. The PUD proposes an impervious area of 85%, including storm water
detention areas. Staff recommends that based on current practice, the
storm water detention areas not be included in these calculations.
20. Staff recommends that for multi family residential common recreational
area be provided as per current ordinance at a rate of 600 sq.ft. for each
dwelling unit with appropriate landscaping and pedestrian trails and
within 300 feet of all units as required by the Ordinance.
21. Page 10 — The PUD states that due to the fact that all plant material on
site will be removed a tree survey shall not be required. Staff
recommends that a tree survey be required, just like all other
developments, to determine if there are any protected trees on site and
to ensure that a mitigation plan is provided. Also, if there are trees on
site worth saving, then they should be encouraged to do so.
22. Page 10 — It is stated that a comprehensive landscape plan will be
developed. The PUD does not include that plan.
23. Page 10 — Meaning of "Landscape Area" — The PUD states that
landscape areas needs to be greater that one foot. Staff recommends
that this width be increased to 6 feet as required by the ordinance.
24. Srorm Water Managemetn Areas
Pearland Town Center PUD—JPH 11/21/05
Page 6 of 8
a. Page 10 — PUD states — unpaved portions of Storm Water
Management area may be included as landscape Area.
b. Page 11 —Contrary to page 10, the PUD here states that all of
storm water management areas shall be included as landscape.
As per our current ordinance, areas required for detention are not
included as landscaped areas. Therefore staff recommends that
detention area, including unpaved portions of required detention area
and the shoulder around, not be included as landscaping.
This applies also to page 13, under Landscaping On -Site and Related
Location —
25. Page 13 — F) 111. — PUD states up to 10 % of any future development
parcel may be designated as landscaping and included in the
calculation. Staff is not in favor of this since this would prevent the
landscaping to be integrated within the development.
26. Page 14 — The PUD states that interior parking lot landscaping shall not
be required within the parking areas on Town Center or Main Streets.
Staff recommends that this be permitted on the condition that overall
landscaping required for parking lots be provided within the site
elsewhere.
27. The proposed facade materials do not meet the requirements of the
Ordinance. The materials listed in the PUD include those not currently
permitted for facades along Thoroughfares and Collectors. As with the
previous Promenade Shops PUD staff recommends that a certain
percentage of facades be requirement to meet the masonry standards
set by the City. It is staff's belief that these projects are highly visible
and should provided superior design rather than less than City's
requirements.
28. Design standards: there are lots of words in the document about how
the design will be quality and harmonious and all that, but the PUD
doesn't really say anything about any real standards. Is this an issue?
29. All lighting poles within the PUD are proposed to be 40 feet. Staff
recommends that these be lowered to 30' for areas within the PUD.
Staff recommends that decorative lighting be provided within the PUD.
30. Page 11 — Para 3 — Public and private streets need to be identified for
landscaping purposes.
31. Page 11 — Table 1 — Lists Multiple Family in all sub areas (except within
sub -area "A"). What other areas are demarcated for multi -family?
Pearland Town Center PUD—JPH 11/21/05
Page 7 of 8
32. Page 12 — PUD recommends that only 35% of the length of the parking
lot will be screened from public ROWs. The requirement is 100%
currently. Staff does not recommend that this should be reduced (along
public ROW).
33. Page 13 — For trees for parking lots, staff recommends that the overall
landscaping plan provide 1" caliper tree per five parking paces as
required currently, instead of only certain areas as mentioned by PUD.
34. The PUD does not address screening of roof -mounted structures. Is
this a concern?
35. Street Standards for Town Center Drive and Main Street is shown in
EX-B3. Town Center Drive is shown as a boulevard with raised
landscaped median and Main Street as two-lane street. Is this being
specifically approved as part of the PUD?
36. A land use table needs to be provided indicating land area dedicated for
various uses.
Comments from the joint workshop:
1. Lack of open space and recreation area for the residential component.
2. Clarification of total number of residential units and hotel rooms.
3. Insufficient parking for event center.
4. Parking for visitors of residents in apartments.
5. Clarify number of seats for event center.
6.. Need a more definite document.
7. Sub -area E — need to have its own parking, landscaping etc.
8. Proximity to gas pipe line.
9. Provide a fencing plan with details.
10. Establish maximum areas and densities.
SUPPORTING DOCUMENTS:
• Notice of Public Hearing
• Zone Change Application
• Location Map
• Property Ownership Map
• Property Owner Notification List
• Zoning Map
• Future Land Use Plan
• Proposed Planned Unit Development
Pearland Town Center PUD — JPH 11/21/05
Page 8 of 8