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Ord. 0509-268 1999-09-13ORDINANCE NO. 509-268 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 BEING 3305 ACRES OF LAND, MORE OR LESS, LOCATED IN THE DUPUY AND ROBERTS SURVEY, A-726, BRAZORIA CO.; J. CRAWLEY SURVEY, A-174, BRAZORIA CO.; WILLIAM MORRIS SURVEY, A-344, BRAZORIA CO.; T.C.R.R. CO. SURVEY, SECTION 3,A-678, BRAZORIA COUNTY; T.C.R.R. CO. SURVEY, SECTION 4 (JOHN W. MAXCY), A-675, BRAZORIACO.;OBEDIAH PITTS SURVEY,A-717, BRAZORIACO.; H.T. &B.R.R. CO. SURVEY, SECTION 80 (J.S. TALMAGE), A-564, BRAZORIA CO.; H.T. & B.R.R. CO. SURVEY, SECTION 81, A-300, BRAZORIA CO.; H.T. & B.R.R. CO. SURVEY, SECTION 82 (J.S. TALMAGE), A-565, BRAZORIA CO.; H.T. & B.R.R. CO. SURVEY, SECTION 83, A-305 IN BRAZORIA CO. AND A-761 IN FORT BEND CO.; H.T. & B.R.R. CO. SURVEY, SECTION 84 (R.B. LYLE), A-538 IN BRAZORIA CO. AND A-767 IN FORT BEND CO.; S.G. HAYNIE SURVEY, A-212 IN BRAZORIA CO. AND A-620 IN FORT BEND CO.; FRANKLIN HOOPER SURVEY, A-198, FORT BEND CO.; GEORGE W. MCDONALD SURVEY, A-577, FORT BEND CO.; I.C. STAFFORD SURVEY, A-668, FORT BEND CO. AND THE H. LEVERING SURVEY,A-279, FORT BEND CO,TX. (APPLICATION NO.621) FROM CLASSIFICATION OF SUBURBAN DEVELOPMENT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1 THROUGH R-4), MULTI-FAMILY DISTRICT (MF), OFFICE PROFESSIONAL, NEIGHBORHOOD SERVICES DISTRICT, COMMERCIAL AND LIGHT INDUSTRIAL (MF, OP, NS, GB, C, M-1) AND GENERAL BUSINESS, PLANNED UNIT DEVELOPMENT(PUD)AT THE REQUEST OF KNUDSON &ASSOCIATES,AGENT FOR PEARLAND INVESTMENTS LIMITED PARTNERSHIP, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Knudson & Associates, agent for Pearland Investments Limited Partnership, Owner, filed on October 12, 1998, an application for amendment to Ordinance No. 509 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 application for amendment attached hereto, and made a part hereof for all purposes, as Exhibit "A"; and 1 ORDINANCE NO. 509-268 WHEREAS, on the 23rd day of November, 1998, 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 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 23rd day of November, 1998, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by Knudson &Associates, agent for Pearland Investments Limited Partnership, owner, whereby the Commission recommended and approved a change of classification for the property described in Exhibit "A" from its existing classification of Suburban Development (SD) to Single Family Dwelling District (R-1 through R-4), Multi-Family District (MF), Office Professional, Neighborhood Services District, Commercial, and Light Industrial MF,OP,NS,GB,C,M-1) and General Business, Planned Unit Development (PUD); and WHEREAS, upon receipt of the report from the Planning and Zoning Commission, the City Council considered this application, and concurred with the recommendation of the Planning and Zoning Commission, at a regular meeting on December 14, 1998, 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 ORDINANCE NO. 508-268 case of the application of Knudson & Associates, agent for Pearland Investments Limited Partnership, owner, facts were presented which, in the judgement 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(SD)to Single Family Dwelling District (R-1 through R-4), Multi-Family District (MF), Office Professional, Neighborhood Services District, Commercial, and Light Industrial (MF,OP,NS,GB,C,M-1) and General Business, Planned Unit Development (PUD). Being 3305 acres of land, more or less, located in the Dupuy and Roberts Survey, A-276, Brazoria Co.; J. Crawley Survey, A-174, Brazoria Co.; William Morris Survey, A- 344, Brazoria Co.; T.C.C.R. Co. Survey, Section 3, A-678, Brazoria Co.;T.C.R.R. Co. Survey, Section 4 (John W. Maxcy), A-675, Brazoria Co.; Obediah Pitts Survey, A-717, Brazoria Co.; H.T. & B.R.R. Co. Survey, Section 80 (J.S. Talmage), A-564, Brazoria Co.; H.T. & B.R.R. Co. Survey, Section 81, A-300, Brazoria Co.; H.T. & B.R.R. Co. Survey, Section 82 (J.S. Talmage), A-565, Brazoria Co.; H.T. & B.R.R. Co. Survey, Section 83, A- 305 in Brazoria Co. and A-761 in Fort Bend Co.; H.T. & B.R.R. Co. Survey, Section 84 R.B.Lyle), A-538 in Brazoria Co. and A-767 in Fort Bend Co.; S.G. Haynie Survey, A-212 in Brazoria Co. and A-620 in Fort Bend Co.; Franklin Hooper Survey, A-198, Fort Bend Co.; George W. McDonald Survey, 3 ORDINANCE NO. 509-268 A-577, Fort Bend Co.; I.C. Stafford Survey, A-668, Fort Bend Co. and the H. Levering Survey, A-279, Fort Bend Co., TX. 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 changes 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. The City Council of the City of Pearland finds and determines that certain portions of Section 17 of the City's Land Use and Urban Development Ordinance are inapplicable to the aforementioned PUD and shall not apply. Such application, due to special circumstances not contemplated by the City's Land Use Ordinance, would be contrary to public interests, thus resulting in unnecessary hardships to the landowner. 4 ORDINANCE NO. 509-268 V. 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 holding shall not affect the validity of the remaining portions thereof. VI. 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. VII. 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. VIII. This Ordinance shall become effective after passage and approval on its second and final reading. ORDINANCE NO. 508-268 PASSED and APPROVED ON FIRST READING this the i''.day of ?? ,fYlirA.D., 1998. moi? TOM REID MAYOR ATTEST: A/.z/ /A.. , U tG f!rrF G/ ./ ITY St. RETA'f PASSED and APPROVED ON SECOND AND FINAL READING this the I {, day of S be‘ , A.D., 1999. 9P--r7 -1,),,,.. ) TOM REID MAYOR ATTEST: isi' L• 'f G SE•ytr TARY / APPROVED AS TO FORM: 4e:vvt••••—* JerAk DARRIN COKER CITY ATTORNEY 6 AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 775131 State of Texas 131 a-zol i,i and HarrisIis Counties I, Joan Cummings, hereby certify that the notice hereby appended was published in Brazoria and Harris Counties in the REPORTER NEWS, a newspaper of general circulation in Brazoria and Harris Counties, for / issues, as follows: No. Date 0 -11/ 19 /g No. Date 19 No. Dale 19 No. Date 19 No.Date -- ----------------- ------- ----- - ---- 19 14 rirYurzs, Editor 4 Subscribe and :;worn to before mc this J day of10 7J __b Notary Pu f exas Laura An1Cfjk, tyn' s,Li h MMONS Notary Public,State of Texas '4:Commission Expires 9-9-02 ?: I LEGALS I THENCE,SOUTHEASTER- LY,1848 feet,more or less, along said southerly right-of-its easterly extension to a way line to a point for corner point for corner on the center- on the of Fort Bend and line of State Highway 288, Brazoria County line; width varies; THENCE,NORTHEASTER- Public!NoticeTHENCE,SOUTHERLY, LY,577 feet,more or less, 8808 feet,more or less,along along said county line,to a NOTICE OF A JOINT PUB- ' saiu centenine of State point for corner at the corn-LIC HEARING OF THE CITY Highway 288 to a point for mon corner of Brazoria,Fort COUNCIL AND THE PLAN- corner on the southerly line of Bend and Harris Counties; NING AND ZONING COM- County Road 92,40 foot wide, MISSION OF THE CITY OF ! DESCRPTION OF 3559IadedicatedroadasshownonTHENCE,NORTHEASTER- PEARLAND,TEXAS I ACRESMORE OR LESS aforementioned ALLISON-I SHADOW CREEK RANCHLY,2426 feet,more or less, RICHEY GULF COAST along the of Brazoria and Notice is hereby given that on BEGINNING at the common HOME CO.'S PART OF SUB-Harris County line,to a point the 9th day of November, Being 3559 acres of land, north corner of Lots 3 and 4, URBAN GARDENS; for corner in the aforemention 1998,at 7:00 p.m.,the City more or less,located in the Block 10 of the ALLISON- centerline of Clear Creek; Council and the Planning and ' Dupuy and Roberts Survey, RICHEY GULF COAST THENCE,WESTERLY, Zoning Commission of the Abstract 726,Brazoria HOME CO'S PART OF SUB- 17,230 feet,more or less, THENCE,EASTERLY,8250 ' City of Pearland,Brazoria and County;J.Crawley Survey, URBAN GARDENS,SEC.'S along the southerly line of feet,more or less,along the Harris Counties,Texas,will Abstract 174,Brazoria 3&4,T.C.R.R.SURVEY AND said CountyRoad 92 and its County;William Morris SEC.82,H.T.&B.R.R.CO.conduct a Joint Public westerly extension,to a point centerline meanders of Clear Hearing in the Council Survey,Abstract 344, SURVEY&OBEDIAH PITTS for comer on the easterly Creek to a point for corner on Chambers,City Hall,3519 Brazoria County;T.C.R.R.Co. SURVEY,a subdivision of right-of-way line of Farm to the northerly line of aforemen- Liberty Drive,Pearland, Survey,Section 3,Abstract record in Volume 2,Page 99 Market Road 521; tioned Lot 3,Block 10 of said Texas,on the request of City 678,Brazoria County; of the Plat Records of ALLISON RICHEY GULF of Peariand,owner,to consid i T.C.R.R.Co.Survey,Section Brazoria County,Texas THENCE,NORTHEASTER- j COAST HOME CO'S PART er the adoption of a General 4(John W.Maxcy),Abstract B.C.P.R.)also being on the LY,9521 feet,more or less, OF SUBURBAN GARDENS, Land Use plan on the follow- 675,Brazoria County; common line of the aforemen along said easterly right-of- same being on the aforemen- ing described property,to wit: Obediah Pitts Survey, tioned T.C.R.R.Co.Survey, way line,to a point for corner tioned common survey line of Abstract 717,Brazoria Section 4 and the Dupuy and i on the centerline of Clear the T.C.R.R.Co.Survey, Roberts Survey;County;H.T.&B.R.R.Co. Creek,same being the most Section 4 and the Dupuy and Survey,Section 80(J.S. I southerly corner of a 7.0 acre Roberts Survey; Talmage),Abstract 564, THENCE,SOUTHERLY,782 tract of land described in File ' Brazoria County;H.T.& feet,more or less,along the No.9548587 of the Official THENCE,EASTERLY,453 B.R.R.Co.Survey,Section common line of said Lots 3 Records of Fort Bend County feet,more or less,along said 81,Abstract 300,Brazoria and 4,to a point for corner on Texas; north line of Lot 3,Block 10 County;H.T.&B.R.R.Co. the southerly right-of-way line and said common survey line Survey,Section 82(J.S. of Farm to Market Road 2234, I THENCE,NORTHEASTER- to the POINT OF BEGIN- Talmage),Abstract 565, 160 feet wide; LY,926 feet,more or less, NING and containing 3559 Brazoria County;H.T.& along the south line of said acres,more or less. B.R.R.Co.Survey,Section THENCE,EASTERLY, 1578 7.0 acres and the centerline of 83,Abstract 305 in Brazoria feet,more or less,along said Clear Creek to a point for cor- At said hearing all interested County and Abstract 761 in southerly right-of-way line and ner at the southeast corner of parties shall have the right Fort Bend County;H.T.& said 7.0 acres; and opportunity to appear and B.R.R.Co.Survey,Section 84beheardonthesubject. R.B.Lyle),Abstract 538 in THENCE,NORTHERLY,224 feet,more or less,departing Young Lading 767 in is rt Bend and Abstract 767 in Fort Bend County;S.G. said centerline of Clear Creek,City Secretary Haynie Survey,Abstract 212 along the easterly line of said I in Brazoria County and.7.0 acres to a point for corner Abstract 620 in Fort Bend on the aforementioned County;Franklin Hooper southerly right-of-way line of Survey,Abstract 198,Fort Farm to Market Road 2234; Bend County;George W. McDonald Survey,Abstract 577,Fort Bend County;I.C. Stafford Survey,Abstract 668, Fort Bend County and the H. Levering Survey,Abstract 279,Fort Bend County, Texas;said 3559 acres,more or less,being more particular- ly described as follows: AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pcarland, Texas 77581 State of Texas Brazoria and Harris Counties I, Joan Cummings, hereby certify that the notice hereby appended was publishedinBrazoriaandHarrisCountiesintheREPORTERNEWS, a newspaper of generalcirculationinBrazoriaandHarrisCounties, for issues, as follows: No. Date f f— 2 y 19 '5 No.Date 19 No. Date 19 No. Date 19 No. Date 19 111 000 Editor Subscribe and sworn to before me this 02C day of M/, 10 — Notary Pubic At* ou9104,. EMMONS r Notary Public,State of Texas 1 Laura Ann Rxtisnbiohtixpires 9-9-02 BEGINNING at the common north comer of Lets 3 and 4, Block 10 of the ALLISON- for Shadow Creek Ranch RICHEY GULF COAST 1 Development Co.,L.P.,owner, HOME CO'S PART OF SUB for an amendment to the Land URBAN GARDENS,SEC.'S 3 Use and Urban Development 4, T.C.R.R. SURVEY AND Ordinance of Said City from SEC. 82, H.T. & B.R.R. CO. Creek; along the easterly ling Classification Suburban SURVEY & OBEDIAH PITTS of said 7.0 acres to a point for Development (SD) to Single SURVEY, a subdivision of corner on the aforementioned Family Dwelling District (R-1 record in Volume 2, Page 99 southerly right-of-way line of through R-4), Multi-Family of the Plat Records of Farm to Market Road 2234; District, Office Professional Brazoria County, Texas OP), Neighbor-hood B.C.P.R.) also being on the THENCE, SOUTHEASTER- Services, General Business, common line of the aforemen- LY, 1848 feet, more or less, tioned T.C.R.R. Co. Survey, along said southerly right-of-Commercial, & Light Industrial Section 4 and the Dupuy wayline to aMF,OP, NS,GB,C,M-1),on p y and point for corner the following on the described Roberts Survey; on the Fort Bend and Brazoria property, County line;to wit: THENCE, SOUTHERLY, 782 DESCRIPTION OF 3559 feet, more or less, along the THENCE, NORTHEASTER Public Notice ACRES, MORE OR LESS common line of said Lots 3 LY, 577 feet, more or less, NOTICE OF A RE-CON-SHADOW CREEK RANCH and 4,to a point for corner on along said county line, to a southerlyright-of-way lineTAXINCREMENTREIN- point for corner at the corn- HEARING JOINT PUBLIC of Farm to Market Road 2234, HEARING OF THE CITY VESTMENT ZONE mon corner of Brazoria, Fort COUNCIL AND THE PLAN- Being 3559 acres of land, 60 feet wide; Bend and Harris Counties; NING AND ZONING COM- more or less, located in the THENCE, EASTERLY, 1578 THENCE, NORTHEASTER- MISSION OF THE CITY OF Dupuy and Roberts Survey, feet, more or less, along said LY, 2426 feet, more or less, PEARLAND, TEXAS Abstract 726, Brazoria southerly right-of-way line and along the of Brazoria and REGARDING DESIGNATION County; J. Crawley Survey, its easterly extension to a Harris County line, to a pointOFDRILLSITESANDAbstract174, Brazoria point for corner on the center- for corner in the aforemention OTHER MATTERS County; William Morris Survey, Abstract 344, line of State Highway 288, centerline of Clear Creek; 1Noticeisherebygiventhaton Brazoria County;T.C.R.R.Co. width varies; the 14th day of December, I Survey, Section 3, Abstract THENCE,STERLY, 8250 THENCE, SOUTHERLY, feet,, moe or less, along the1998, at 7:00 p.m., the City 678, Brazoria County; 8808 feet,more or less,alongCenterline meanders of Clear Council and the Planning and T.C.R.R. Co. Survey, Section said centerline of State Creek to a point for corner on Zoning Commission of the City 4 (John W. Maxcy), Abstract Highway 288 to a point for the northerly line of aforemen- of Pearland, Brazoria and 675, Brazoria County,corner on the southerly line of tioned Lot 3, Block 10 of said Harris Counties,Texas,will re- Obediah Pitts Survey, County Road 92,40 foot wide, ALLISON-RICHEY GULF convene a Joint Public Abstract 717, Brazoria 1 a dedicated road as shown on COAST HOME CO'S PART Hearing originally convened County; H.T. & B.R.R. Co. aforementioned ALLISON- OF SUBURBAN GARDENS, and adjourned on November Survey, Section 80 (J.S. RICHEY GULF COAST same being on the aforemen- 23, 1998, in the Council Talmage), Abstract 564, HOME CO.'S PART OF SUB- tioned common survey line ofChambers, City Hall, 3519 Brazoria County; H.T. & URBAN GARDENS; the T.C.R.R. Co. Survey, Liberty Drive, Pearland, B.R.R Co.Survey,Section 81, 4 a on the request of Abstract 300, Brazoria I THENCE, WESTERLY, andtion Robertse D upuSuweaqKnudson &Associates, agent County; H.T. & B.R.R. Co. 17,230 feet, more or less,Survey, Section 82 (J.S. Talmage), Abstract 565, along the southerly line of THENCE, EASTERLY, 453 Brazoria County; H.T. & said County Road 92 and its feet, more or less, along said easterly extension, to a point north line of Lot 3, Block 10B.R.R. Co. Survey, Section 83, Abstract 305 in Brazoria for corner on the easterly and said common survey line County and Abstract 761 in right-of-way line of Farm to to the POINT OF BEGINNING Fort Bend County; H.T. & Market • Road 521; and containing 3559 acres, B.R.R.Co.Survey,Section 84 more or less. R.B. Lyle), Abstract 538 in THENCE, NORTHEASTER- Brazoria County and Abstract LY, 9521 feet, more or less, Without limitation of the ability I 767 in Fort Bend County;S.G. along said easterly right-of- to address any aspect of the I Haynie Survey, Abstract 212 way line, to a point for corner above,the hearing will be re- in Brazoria County and on the centerline of Clear convened for the purpose of Abstract 620 in Fort Bend Creek, same being the most determining the location of oil' County; Franklin Hooper southerly corner of a 7.0 acre and gas drill sites,and for the; Survey, Abstract 198, Fort tract of land described in File consideration of written or oral Bend County; George W. No. 9548587 of the Official testimony with respect to the! Records of Fort Bend County, reasonableness thereof.McDonald Survey, Abstract ty 577, Fort Bend County; I.C. Texas; I Stafford Survey, Abstract At said hearing all interested' 668, Fort Bend County and THENCE, NORTHEASTER- parties shall have the right the H. Levering Survey, LY, 926 feet, more or less, and opportunity to appear and Abstract 279, Fort Bend along the south line of said be heard on the subject. County, Texas; said 3559 7.0 acres and the centerline of acres, more or less, being Clear Creek to a point for cor- Young Lorfing ymoreparticularlydescribedas ner at the southeast corner of City Secretary follows: said 7.0 acres; APPLICATION NO.621 _ THENCE, NORTHERLY, 224 feet.more or IPas rfnnart- AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Joan Cummings, hereby certify that the notice hereby appended was published in Brazoria and Harris Counties in the REPORTER NEWS, a newspaper of generalcirculationinBrazoriaandHarrisCounties, for I issues, as follows: No. 1 Date 4,e, 19 18 No. Date 19 No. Date 19 No. - - -- Datc — 19 No. Date --- 19 Li-Lc/C._ Editor Subscribe and sworn to before me this day of N 19 /X LJ L .--0, LAURA A „„•S r %1yfNotarePuTUaBte of Texas f '5°'.',`r Commission Expires 9-9_02 Laura Ar LEGALS LEGALS LEGALS I of Pearland, Brazoria and County and Abstract 761 in I corner on the southerly line of Fort Bend County; H.T. & County Road 92,40 foot wide, Harris Counties,Texas,will re-a dedicated road as shown on convene a Joint Public B.R.R.Co.Survey,Section 84 Hearing originally convened (R.B. Lyle), Abstract 538 in aforementioned ALLISON and adjourned on November Brazoria County and Abstract RICHEY GULF COAST LEGALS 767 in Fort Bend County;S.G. HOME CO.'S PART OF SUB- 23, 1998, in the Council URBAN GARDENS; Chambers, City Hall, 3519 Haynie Survey, Abstract 212 Liberty Drive, Pearland, in Brazoria County and THENCE, WESTERLY, along the of Brazoria and Abstract 620 in Bend Harris County line,to a pointTexas, on the request of 17,230 feet, more or less, for corner in the aforementionKnudson &Associates, agent County; Franklin Hooper alongthe southerlyline ofSurvey, Abstract 198, Fort centerline of Clear Creek;for Shadow Creek Ranch Bend County; George W. said County Road 92 and its Development Co.,L.P.,owner, McDonald Survey, Abstract easterly extension,to a point THENCE, EASTERLY, 8250foranamendmenttotheLandforcornerontheeasterlyfeet, more or less, alongtheUseandUrbanDevelopment ! 577 Fort Bend Oounty; I.C.p Stafford Survey, Abstract right-of-way line of Farm to Centerline meanders of ClearOrdinanceofSaidCityfromMarketRoad521; Classification Suburban 668, Fort Bend County and Creek to a point for corner on the H. Levering Survey, the northerly line of aforemen- iDevelopment (SD) to Single THENCE, NORTHEASTER boned Lot 3, Block 10 of saidFamilyDwellingDistrictR-1 Abstract 279, Fort Bend ALLISON-RICHEY GULFCounty, Texas; said 3559 LY, 9521 feet, more or less,through R 4), Multi Family acres, more or less, being along said easterly right-of- COAST HOME CO'S PARTDistrict, Office Professional more particularlydescribed as way line,to a point for corner OF SUBURBAN GARDENS,OP), Neighbor hood on the centerline of Clear same being aforemen-Services, General Business, follows: Creek, same beingthe most on the boned common survey line ofCommercial, &Light Industrial BEGINNING at the common southerly corner of a 7.0 acre the T.C.R.R. Co. Survey,MF,OP, NS,GB,C,M-1),on tract of land described in File Section 4 and the DupuythefollowingonthedescribednorthcornerofLots3and4, No. 9548587 of the Official and Block 10 of the ALLISON- and Roberts Survey;property,to wit:RICHEY GULF COAST Records of Fort Bend County, HOME CO'S PART OF SUB- Texas; THENCE, EASTERLY, 453 ACRES,URBAN GARDENS,SEC.'S 3 feet, more or less, along saidS, MMORORION O OR LESS & 4, T.C.R.R. SURVEY AND THENCE, NORTHEASTER- north line of Lot 3, Block 10SHADOWCREEKRANCHLY, 926 feet, more or less, and said common surveyTAXINCREMENTREIN- SEC.82, H.T. & B.R.R. CO. alongthe south line of said line VESTMENT ZONE SURVEY&OBEDIAH PITTS to the POINT OF BEGINNING SURVEY, a subdivision of 7.0 acres and the centerline of and containing 3559 acres, record in Volume 2, Page 99 Clear Creek to a point for cor more or less. Being 3559 acres of land, of the Plat Records of ner at the southeast corner of more or less, located in the Brazoria County, Texas said 7.0 acres; Without limitation of the abilityDupuyandRobertsSurvey, (B.C.P.R.) also being on the to address any aspect of theAbstract726, Brazoria THENCE, NORTHERLY,common line of the aforemen- above,the hearing will be re- County; J. Crawley Survey, boned T.C.R.R. Co. Survey, 224 feet,more or less,depart- convenea fur uie Nulty,,.,.. _. Abstract 174, Brazoria Section 4 and the Dupuy and ing said centerline of Clear determining the location of oil County; William Morris Roberts Survey; Creek; along the easterly ling and gas drill sites,and for the Survey, Abstract 344,of said 7.0 acres to a point for consideration of written or oral Brazoria County;T.C.R.R.Co. THENCE, SOUTHERLY, 782 i corner on the aforementioned testimony with respect to the Survey, Section 3, Abstract feet, more or less, along the southerly right-of-way line of reasonableness thereof. r> 678, Brazoria County; common line of said Lots 3 Farm to Market Road 2234; T.C.R.R. Co. Survey, Sectionand 4,to a point for corner on At said hearing all interested 4OTICE OF A RE-CON- 4 (John W. Maxcy), Abstract the southerly right-of-way line THENCE, SOUTHEASTER- parties shall have the right IENED JOINT PUBLIC 675, Brazoria County, of Farm to Market Road 2234, LY, 1848 feet, more or less, and opportunity to appear and 1EARING OF THE CITY Obediah Pitts Survey, 160 feet wide; along said southerly right-of- be heard on the subject. OUNCIL AND THE PLAN- Abstract 717, Brazoria i way line to a point for corner ZING AND ZONING COM- County; H.T. & B.R.R. Co. THENCE, EASTERLY, 1578 I on the Fort Bend and Brazoria Young Lorfing AISSION OF THE CITY OF Survey, Section 80 (J.S. feet, more or less, along said County line; City Secretary aEARLAND, TEXAS Talmage), Abstract 564, southerly right-of-way line and REGARDING DESIGNATION Brazoria County; H.T. & its easterly extension to a THENCE, NORTHEASTER- APPLICATION NO.621 F DRILL SITES AND B.R.R Co.Survey,Section 81, point for corner on the center- LY, 577 feet, more or less, THER MATTERS Abstract 300, Brazoria line of State Highway 288, along said county line, to a County; H.T. & B.R.R. Co. width varies; point for corner at the com- 4otice is hereby given that on Survey, Section 82 (J.S. mon corner of Brazoria, Fort he 14th day of December, Talmage), Abstract 565, THENCE, SOUTHERLY, Bend and Harris Counties; 1998, at 7:00 p.m., the City Brazoria County; H.T. & 8808 feet,more or less,along ouncil and the Planning and B.R.R. Co. Survey, Section said centerline of State THENCE, NORTHEASTER- oning Commission of the City I83, Abstract 305 in Brazoria Highway 288 to a point for LY, 2426 feet, more or less, LEGALS LEGALS 1 LEGALS 1 LEGALS LEGALS 2! 7 zoCityofPearland,Braria and I right-of-way line of Farm to I corn- the for comer at the co - the 23rd day of November, Harris Counties, Texas, will record Volumin e 21 page 99mon corner of Brazoria, Fort 1996, at 6:30 p.m., the City conduct a Joint Public of the Plat Records of Market Road 521; Bend and Harris Counties; Council and the Planning and Hearing in the Council Brazoria County, Texas i Zoning Commission of the Chambers, City Hall, 3519 (B.C.P.R.) also being on the THENCE, NORTHEASTER- THENCE, NORTHEASTER- City of Pearland,Brazoria and Liberty Drive, Pearland, common tine of the aforemen- LY, 9521 feet, more or less, LY, 2426 feet, more or less, r Harris Counties, Texas, will Texas, on the request of boned T.C.R R. Co. Survey, along said easterly right-pi- g along the of Brazoria and j conduct a Joint Public Knudson&Associates,agent Section 4 and the Dupuy and way line,to a point for comer Harris County atoline, point Hearing in the Council for Shadow Creek Ranch Roberts Survey; on the centerline of Clear for corner in the a ration 5 Chambers, City Hail, 3519 Development Co., L.P., Creek, same being the most centerline of Clear Creek, Liberty Drive, Pearland, owner,far en amendment to THENCE, SOUTHERLY,782 southerly corner of a 7.0 acre E L Texas, on the request of the Land Use and Urban feet, more or less, along the tract of land described In File ' THENCE, EASTERLY, 8250 ti Sylvia Clark, owner, for an Development Ordinance of common line of said Lots 3 No. 9548587 of the Official morefeet, or less, along the amendment to the Land Use said City from Classification and 4,to a point for corner on Records of Fort Bend County, ea meanders of Clear J and Urban Development Suburban Development(SD) the southerly right-of-way line Texas; Creek to a point for corner on Ordinance of said City from to Single Family Dwelling of Farm to Market Road 2234, the northerly line of aforemen- Classification Suburban District (R-I thru 8.4), Multi- 160 feet wide; THENCE, NORTHEASTER boned Lot 3, Block 10 of said Development (SO) to Single Family District, Office LY, 926 feet, more or less, ALLISON-RICHEY GULF Family Dwelling District (R-I) Professional, Neighborhood THENCE, EASTERLY, 1578 along the south line of said COAST HOME CO'S PART on the following described Services, General Business, feet,more or less,along said 7.0 acres and the centerline OF SUBURBAN GARDENS, property,to wit: Commercial,&Light Industrial southerly right-of-way line and of Clear Creek to a point for same being on the GARDENS, n- MF,OP, NS,GB,C,M-1)on its easterly extension to a corner at the southeast corner boned common survey line of Lot 2, Bik. 2, Hickory Creek'the following described prop- pant for comer on the can- of said 7.0 acres; the T.C.R.R. Co Survey, Place subdivision, according arty,to wit terttne of State Highway 288, Section 4 and the Dupuy and width varies; THENCE, NORTHERLY, to the plat recorded in Vol,11, and Roberts Survey; pg. 1-2, plat records of DESCRIPTION OF 3559 224 feet, more or less, ACRES, MORE OR LESS THENCE, SOUTHERLY, departing said centerline of THENCE, EASTERLY, 453 VBrazoriaCo.,TX 8808 feet,more or less,alongClear Creek; along the east- SHADOW CREEK RANCH feet,more or less, along said At said hearing all interested i TAX INCREMENT REIN- said centerline of State erty ling of said 7.0 acres to a north line of Lot 3, Block 10 '9 parties shall have the right; VESTMENT ZONE Highway 288 to a point for point for corner on the afore and said common survey aria 13U and opportunity to appear and; Being 3559 acres of land, comer on the sautheriy line of mentioned southerly right-of-to the POINT OF BEGIN- rg be heard on the subject. i more or less, located in the County Road 92, 40 foot way line of Farm to Market NING and containing 3559 AE Dupuy and Roberts Survey, wide, a dedicated road as Road 2234; acres,more or less. I Young Lorfing Abstract 726, Brazoria shown on aforementioned Y6 City Secretary County; J. Crawley Survey, ALLISON-RICHEY GULF THENCE, SOUTHEASTER Ai sa°d hearing all interested / Abstract 174, Brazoria COAST HOME CO.'S PART LY, 1848 feet, more or less, parties shall have the right f APPLICATION NO.529 County; William Morris OF SUBURBAN GARDENS; along said southerly right-of-and opportunity to appear and / Survey, Abstract 344, way line to a point for comer be heard on the subject. y NOTICE OF A JOINT PUB- Brazoria County; T.C.R.R. THENCE, WESTERLY, on the Fort Bend and LIC HEARING OF THE CITY Co. Survey, Section 3, 17,230 feet, more or less, Brazoria County line; Young Lorfing COUNCIL AND THE PLAN- Abstract 878, Brazoria along the southerly line of City Secretary NING AND ZONING COM- County;T.C.R.R.Co.Survey, said County Road 92 and its THENCE, NORTHEASTER- MISSION OF THE CITY OF Section 4 (John W. Maxcy), easterly extension, to a point LY, 577 feet, more or less, PEARLAND,TEXAS Abstract 875, Brazoria for corner on the easterl along said county line, to a APPLICATION NO.821 Notice is hereby given that on County, Obadiah Pitta the 23rd da at NovemberSurvey, Abstract 717, AUTOMOBILE 1 AI TOft O$ILE J [ AUTOMOBILE Y Brazoria County; H.T, & 1998, at 8:30 p.m., the City B.R.R. Co. Survey, Section salsa " la a a '" • R ' o e • a"' . r is y R a . • s 15 a Council and the Planning and 80 (J.S, Talmage), Abstract 0 Zoning Commission of the 584, god County; H.T. & ws City of Pearland,Brazoria and B,R•R Co, Survey, Section s At W-11HarrisCounties, Texas, will 81, Abstract 300, BrazoriaE J i conduct a Joint Public County; H.T. & B.R.R. Co. ha a z+ 6\"'Nearing in the Council Survey, Section 82 (J.S. II1111 Chambers, City Hall, 3519 Talmage), Abstract 585, 2w Mlles Wm*d2aE coanaapw Liberty Drive, Pearland, Brazoria County; H.T. & 2`Mks SEalPMSl1OWII Texas,on the request of Abdel I 1:1 ii:1 ; :0:,; Concepcion B. Salinas, B.R.R. Co. Survey, Section 1 rr 83, Abstract 305 in Brazoria g,q REPOS 41. owner, for an amendment to County and Abstract 781 in the Land Use and Urban Fort Bend County; H.T. & i Development Ordinance of B.R.R. Co. Survey, Section • 4. said City from Classification 0 r e y. io r` M ""- ` 4"'~. Suburban Development(SD) 64(R.B.Lyle),Abstract 538 In Brazoria Countyand Abstract i 4 n to Single Family Dwelling 767 In Fort Bend County; yDistrict (11-i) on the following S.G. Haynie Survsy, Abstract al described property,to wit 212 in Brazoria County and • Abstract 620 In Fort Bend 1996 Dodge Intrepid 1996 Buick Rei Lot 7, Bik. 7, Hickory Creek County; Franklin Hooper Autn,Black, 4 Dr Place subdivision, according Survey, Abstract 198, Fort I.oaded1 Low Miles to the plat recorded in Vol,11, Bend County; George W. pgs. 1-2, plat records of McDonald Survey, Abstract I.r Brazoria Co TX (801 I Kelly 577, Fort Bend County; l.C. I w ,- Drive} Stafford Survey, Abstract x 11.111r-r- 688,888, Fort Band County and At said hearing ail Interested r parties shall have the right the H. Levering Survey, § Abstract 279, Fort Bend and opportunk to appear and County, Texas; said 3559 1995 Plymouth Voyager 1994 Ford F.150 be heard on the subject acres. more or less. being a ..,T ...._o.L_. OFPERRLND i4tti'(b4 I D :713-4858764 OCT 0698 16 :46 No .022 V .01 4,..7,.,:-: %i:%'..tr_r<: r-4'.$7.,'e:er....7t,.. S. !is . .9te ': - ,.. ti.:n'Y u.l..e l? Y G,, _ ,l:gn t:V:.:j'`1.1v.\,!'x'_c::'SN...y...;.`w — is•n;' r - l7v` CigtC..7''.:.4.4t ct"' sk4 qef Q ' tf pit- @ ei.:.-SC'Aa.. .,' .V zitl _ s.r+rr' :: -,_,--; .+.;•.-.. t 1 v , )- ey/eeJ r r A. e.. , , < 'C\W t.Z'9 t r`"-- .Sp:- I. t:Q*:.'.....4;...%4Z1.1..1.4 4'.7.e.•;_•.' :• • •i'1• A , . :, y % r'; ,,,•;,......,,.. 1`, ,, •`. . ,L..., _,,-., 1---,,,, XX Change in Zoning Classification froth:Suburban bevel. to: Pi-anned Unit Develop Change in Regulations in Section b: Specific Use for: •I Property address: See attached Legal Description Lot:Stock: Subdivision: Metes At Bounds Description: unplattcd property only; attach survey) See attached Legal Description Tax I.D. number: 88-0394143 Proposed use of land within requested designation: Mixed Use Development Record owner's name: Pearland Investments Limited Partnership 1 5195 Las Vegas Blvd. So. Owner's mailing address:Las Vegas, NV 89119 L0erephone number: (702) 736-6151 A Agent's name:Gary Cook Agent's mailing address: 10777 taesthel,mer, Suite 1100, Houston, TX 77042 Agent's telephone number:C713) 267-9330 PETITION: As owner/agent, I hereby petition the City for approval of the above described request ac provided by the laws of the State of Texas and Ordinances of the City of Pearland. 'On a Specific UscPermitrequesttoallowaresidentialuseinabusinesszone (OP, NS, GB), I acknowledge that such use may he incompatible with current and future uses on properties in my vicinity 4Owncr'x sit,n;turcAgent'a Signa t'ccs paid: $ Date : /0r ',0_/1 4, Rec.c:1 ved by:u,'a C". y. . t; "" c t .1• iz i m}11L`CtZS$;tt 1I1,(r)G r`c ` 1 CONSENT ITEM D 23 November 1998 Mayor and City Councilmembers City Hall Pearland, Texas 77581 RE: Zone Change Application No. 621 The above referenced application was reviewed by the Planning and Zoning Commission at a regular meeting held on Monday, November 23, 1998. The owner requested acceptance of the amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development to Single Family Dwelling District (R-1 through R-4), Multi-Family District (MF), Office Professional, Neighborhood Services District, General Business, Commercial, and Light Industrial OP, NS, GB, C, M-1) and Planned Unit Development (PUD), on the following described property, to wit: Owner: Shadow Creek Ranch Development Co., L.P. Agent: Knudson & Associates 8588 Katy Freeway, Suite 441 Houston, Texas 77024 Legal Description: Being 3333 acres of land, more or less, located in the Dupuy and Roberts Survey, A-726, Brazoria Co.; J. Crawley Survey, A-174, Brazoria, Co; William Morris Survey, A-344, Brazoria Co.,; T. C. R. R. Co. Survey, Sect. 3, A-678, Brazoria Co.; T. C. R. R. Co. Survey, Sect. 4 John W. Maxcy), A-675. Brazoria Co., Obediah Pitts Survey, A-717, Brazoria Co.; HT & B RR Co. Survey, Sect 80 (J. S. Talmage), A-564, Brazoria Co.; HT & B RR Co. Survey, Sect. 81, A-300, Brazoria Co.;HT & B RR Co. Survey, Stect.82, (J. S. Talmage), A-565, Brazoria Co.;HT B RR Co. Survey, Sect. 83, A-305 in Brazoria Co. and A- 761 in Fort Bend County; HT & B RR Co. Survey, Sect. 84 R.B. Lyle), A-538 in Brazoria, Co. And A-767 in Fort Bend Co.; S. G. Haynie Survey, A-212 in Brazoria Co and A-620 in Fort Bend Co.; Franklin Hooper Survey, A-198, Fort Bend Co.; George W. McDonald Survey, A-577, Fort Bend Co.; I.C. Stafford Survey, A-668, Fort Bend Co. And the H. Levering Survey, A-279, Fort Bend Co., TX; A motion was made by Commissioner Nghiem Doan, and seconded by Commissioner Jack Mathis to approve Application No. 621. The motion passed by a vote of 4 to 0 to approve the Planned Unit Development as presented. Please read this information into the official records of the City of Pearland and provide a written copy to the City Secretary for the same purpose. Sincerely, cM 7, Mary Starr, Chairperson Planning & Zoning Commission City of Pearland fO _IR j+ u C t 00 ------"G HARR15 COUNTY n reraar- -- rr 4IP 4 ,a l l ata fi i if, iii il//.iii%I %/ i l dw,di fftl AnitaantArairgr 4 eifiltz;".di • Al SINIZI:Mroill rzi ice a?. A& t FISTAWAr 4 i mi WRAC1 Ai* er lf, VP nemovirans mi. Lt-- • 4//: orramrammargo am PM WY Illin A A0I ar A 4 A A 4 A r_._.._ NEMMMONINIMIEbig mopMirammilliwommumeIse: :/e.v rv+v+m,, ima OII!!!:tom Nom i/A 4 A° FEEMirmr- A0 muLa OWNER$ PEARUNO HIVES UENIS UMrtED I PPARTNERSNIP City of Peerlend,Texas SD SUBURBAN DISTRICT ZONE CHANGE PUD PLANNED UNIT DEVELOPMENT DISTRICT FROPSDUD N°.r.e83 I- SHEET T' 0. - SRM N-8333 Of 1 Cp fij/ Pr PrOIRAR7 COUMY 4111 'FJ a^' Alib 49.° AI AA. Actor.riegrask_ p"..i..4444, 401rorAl. 24.4974:0744111. 1gra-. 1:. ?2, ,i'::),I.7':,:.,•,:: I, Alr regirin ii•-•.11,,.'.-'!_4 rirrrn iiiii..... pro.• illi l, moo/% Al sa Agin 4 Al munewre A a -- or ;pp/Witaringargri Illialli r r sjairrasposaim,. ,it mu"' 1/ 1 opretigramor A loll. x II1111IIIIL 11111111.11 i mai i 71061 OWNERS:PEARIARLIMITEDINVESTUENTSeo 1 PARTNERSHIP1 CRY a Pearkind.Texas ZONE CHANGE SD SUBURBAN DISTRIC1 gp TO UD PUD PLANNED UNIT DEVELOPMENT A/A-442 A.A. SHEET arCT..Tege a.::_x°°° I PJEB. _ Ay l bw ft.O.SMI Be-e235 or I i.,,. N o. 4,,,,: IikII° c°%>- GOJ.' lig HARRIS COUN7Y fellilli e CITY AIill1":° 4 - s''''. 1761 EP ArAr Air Arlitra__-tv 7- r2,3.:'''-.1"'s otsvi is ANWAR !...7.firarigrAPAPAI lis."‘' ..4ii• P•-4',, . ..r...istrisr?/5everatirdwo A A-c31 P 41, 4-7aargAr„402,,:oljr if' ........,.... : in Ao Ar Ar atieitiiti...i: 4 3", 401 ArAerssigirraterj4 A rititt.VIE 1 viiiim i" UNIT UNE V reisgraM mils.. ___ prose..,PEfRL NDCfTI' l liww Q / r4; arliitassol, UMR UNE - Pr 97Ar 1 OrgeravrAvaleglei ITI r rgrAirAraillogro it .INE 1 ItramprArai A A A 1 MIN FlardeteMervil, II EMI Al A Araffrawgroarieg la..m. A _ __ 4/I___ _ __A, _. _ _...AliWALaw—mminia- ---mai- miNer•••bishik AI Milammang 2;0. . it. T., c\NM D Miiiiiiiiiiiiiii .10,11111.111 of. 11111- 11111.111111111111111. ME gi.- 14, 11- iP E CfTI' ff`ff 07 ifflj_,y'= 1 OWNERS: PEARLAND INVESTMENTS LIMITED t PARTNERSHIP IIII el City of Pearland, Texas ZONE CHANGE SD SUBURBAN DISTRICT FROM SD TO PUD PUD PLANNED UNIT DEVELOPMENT DISTRICT N•.:592 scow: SHEET OCT 1998 HORZ:1'-2000• 1VERT:1'— D.n erJ.E.B. uo Flu:: Chkd 9y:D. SMITH 98-8235 of 1 i`" N 0.,. 42CprA; HARR.' COUNTY ua att 11I Ir11 4,..401_ I 44, uMi.jearAMMOINAgagrdni AP:4 P Air 440116wAroInfer 1r fortor;iii,_44,_1;_„ fri" crijamppiarAgrAfwal ORA Ad? lirl 1, 131. T iII/hii NS WI reigwrA//% % rgekostreo, . moi II 00 I%r%I_/emer,. AA AtiAl 11111111111111111111111111111111111111119210 a i. ti.i.;:.6.:1. 1, 1iit IIMMOBOOMNi.......... Ack Immamiam---E II 4:;:, OWNERS: PEARUND INVESTMENTS LOADED PARTNERSHIP l:/' 1,-\1 may' City of Peartend,Texas ZONECHANGE FROM OE SD SUBURBAN DISTRICT 3D TO PUD PUD PLANNED UNIT DEVELOPMENT DISTRICT a.....682 Teaks SHEET 9sli OCT.. ,998 ,aaz:,'_2000 19w,M•J.L B. .. Lx. ad n 0.SNrTH 98-8235 OF 1 Foy;, N iriCOL J HARRIS COUMY Al G0 . 1 ft 701 A ripiAtirmir jilissinfigA__,,, mowarAtgra ---2--A. ,AffiniL /-24,. r jr-.43120:0f Y........„„................. I tail-m-4E1 J • AI SIMPACAIN 0%14 r v,fr 7 wessmIrii 1 -roma REPOInice Ai*AdA . Ad APISrArAmil AI arlipj.. r spriaratigaris wini nerianlanri0 allaill nnevori%WarA l i -— A A4 iiia ill r i iifiii£ il II. ia iii ij r b.), OWNERS:PEARLAND INVESMENTS LIMITED PARTNERSHIP I g . City of Pearland.Texas SD SUBURBAN DISTRICT ZONE CHANGE 3D TO PUDPUDPLANNEDUNITDEVELOPMENT 49 9.382 ><.r. sMm o..."1-8. w nf: O* .D.Will 90-0210 Of I EXHIBIT"A" O R D.NO.509-268 SHADOW CREEK RANCH Planned Unit Development City of Pearland City Council Planning and Zoning Commission Knudson & Associates 8588 Katy Freeway, Suite 441 Houston,Texas 77024 713)463-8200 September 8, 1999 TABLE OF CONTENTS I.Project Description 3 II. Existing Conditions 5 III. Shadow Creek Ranch Planned Unit Development 11 A. Goals, Objectives, and Strategies B. Assumptions and Choices C. Development Schedule IV. Shadow Creek Ranch: Existing and Proposed Land Uses 20 A. Existing Land Uses B. Proposed Land Uses 1.General 2.Residential 3.Commercial 4.Industrial 5.Institutional/Community Facilities V. Shadow Creek Ranch: Regulations 48 VI. Glossary 49 Shadow Creek Ranch Planned Unit Development 1 City of Pearland, Texas LIST OF EXHIBITS, TABLES, AND FIGURES: Table 1: Shadow Creek Ranch: Composition of Land Uses 3 Figure 1: Location Map 4 Exhibit 1: Legal Description 7 Figure 2: Existing Conditions/Aerial Photograph 10 Figure 3: Public Amenities & Beautification Map 13 Figure 4: Streets & Signals Map 14 Figure 5: Water Improvements Map. 15 Figure 6: Sewer Improvements Map 16 Figure 7: Storm Water Improvements Map 17 Figure 8: Development Phase Map 19 Table 2: Land Use Districts 20 Figure 9: Proposed Land Use Map 22 Table 3: Shadow Creek Ranch: Acreage per Land Use 23 Figurel0: Planned Unit Development Boundary Map 24 Figure1 l: Compliant Use Matrix 26 Shadow Creek Ranch Planned Unit Development 2 City of Pearland, Texas I.Project Description The Planned Unit Development ("PUD"), Shadow Creek Ranch, is an approximately 3305-acre mixed-use project located within the City of Pearland, Texas. The development proposes to provide a wide variety of housing choices, both in design and price range, surrounded by adjacent recreational amenities and open space. The strong community character of the proposed development will be achieved by creatively mixing land uses, administering high quality architectural and design standards, and providing a variety of civic and recreational amenities. The development consists of residential, civic, commercial,recreational, and industrial uses, including facilities such as schools, churches, a hospital, day care, senior and assisted living housing, library, fire station/police annex,parks and trails, and significant open and green space. Table 1 below illustrates the composition of land uses proposed by the Shadow Creek Ranch Development Company (the "Master Developer"). Table l: Shadow Creek Ranch: Composition of Land Uses Use Acres Single Family Residential(incl.Townhouse&Cluster) 1546.1 Multi Family Residential 192.8 Assisted Living Residential 46.6 Commercial 285.4 Institutional/Civic 262.4 Industrial 31.9 Parks/Recreation/Open Space,Includes: 429.2 HL&P Easements Pipeline Easements Neighborhood Rec. Centers Parks/Open Space,includes drill sites Visitor Center Ditches Right-of-Ways 230.8 Proposed Lakes(Includes Existing Ponds) 265.0 Sewage Treatment Plant Site 12.8 Water Pump Station 2.0 Total= 3305 The Planned Unit Development will provide a high quality community through the employment of a harmonious mix of land uses. Shadow Creek Ranch Planned Unit Development 3 City of Pearland, Texas The PUD Plan ordinance will establish a comprehensive land use plan and zoning regulations to guide future improvements in the Shadow Creek Ranch development. The plan and ordinance will provide a flexible, creative, and imaginative guideline for development. It will ensure the character and quality of the community, and promote the efficient use of land, through land use controls, design standards, and quality planning, while offering to potential residents,businesses, and visitors a high degree of amenities, housing choices, and open space. Furthermore,the PUD provisions will ensure the long- term aesthetic continuity of the development and preserve the character of Shadow Creek Ranch over time. Figure 1 below illustrates the location of the development. Figure 1: Location Map s. t Almelo Genoa Road / r.,roctd:e!d St W Fuqua Rad p. AnCersond E Arsderacn toad _ I SUurtnier Road 0 T 8 of n 11Oj. o O f eltows Road r iRiley Road j Bi M:,!-ate Rcad a Rca` d ,. 111111111111r Cnty Rd 106 Cnry Rd 403 ntyCRd 403 1 Rd\ I ii n Fresn• •D i ot 1.ti peas Road Cnry Rct 59 _ Airtine•Ft Beni Road N Cnry Rd 59 F4'241 trammel-Fresno R.-• in il n z 3 o 3 A Cn Rd tOt is ! i'am n h e yca.-rcre Road at J li I o i; ko 4:J 4. I 4 i 0 i Q l ;- __ 1i Z IMiles Copyright 199:4-1998 MapPro Inc Shadow Creek Ranch Planned Unit Development 4 City of Pearland, Texas II. Existing Conditions The Planned Unit Development, Shadow Creek Ranch, is located within the City of Pearland, Texas. The property is bounded by F.M. 521 on the west, Clear Creek on the north, State Highway 288 on the east, and County Road 92 (the extension of F.M. 518) on the south. The legal description of the property, Exhibit 1, follows. The majority of the site lies in Brazoria County, with 630 acres in the western section, along F.M. 521, lying in Fort Bend County. Development of the site is impeded by the presence of many planning constraints including being encumbered by five easements. The necessity to master plan the site becomes more critical because of these constraints. The site is crossed by two H.L. & P. utility easements and three pipeline easements, limiting the amount of developable land and development flexibility. The easements include a 150-ft. H. L & P easement that travels from the north to the south, and an 80-ft. H. L & P easement, which runs diagonally southeast to northwest. Additionally, three pipeline easements of 55, 30, and 20 feet run east to west crossing the northern, central, and southern portions of the site. The burden of the three easements described above are best alleviated through a master planned development that seeks to maximize the efficient and flexible use of developable land. These existing conditions and features are depicted in the aerial photograph in Figure 2, which follows. The proposed Shadow Creek Ranch development site is currently vacant and unimproved, consisting primarily of flat coastal plain. The land was zoned as a Suburban Development District at the time of annexation. The draft Comprehensive Plan for the City of Pearland indicates that the City has begun to plan for community facilities, future land use, transportation, and parks in the western portion of the City in the vicinity of the site. Consistent with the Comprehensive Plan draft, the proposed Shadow Creek Ranch development includes commercial uses, including office and retail, civic, parks, open space, residential, and light industrial land uses. Not only is the proposed plan for Shadow Creek Ranch clearly in accordance with Pearland's Comprehensive Plan draft, the development also seeks to support many of the same specific goals as the City has Shadow Creek Ranch Planned Unit Development 5 City of Pearland, Texas outlined for the area in particular, and furthermore, for Planned Unit Developments in general. The primary property owner of the subject site is Pearland Investments, Limited Partnership,which currently controls the majority of the approximately 3305 acres proposed for development. The Developer is Shadow Creek Ranch Development Company, Limited Partnership, which has expended considerable time, expense and effort to "block up"this sizeable acreage. More than 45 separate acquisitions have occurred, an assembly of more than 119 parcels. The large holdings currently controlled by one owner will further ensure the orderly and planned development of the site, consistent with a master planned community. The large holdings will also provide a significant opportunity for the City to encourage master-planned growth in an area that would have been unlikely to develop in a planned, quality manner, due to fragmented ownership and lack of infrastructure and services. The Shadow Creek Ranch Development is also a unique opportunity to develop a significant portion of the City in an effective and quality manner, and thus this project has the potential to set the standards by which Pearland will grow. Shadow Creek Ranch Planned Unit Development 6 City of Pearland, Texas EXHIBIT 1 Legal Description City of Pearland, Texas Shadow Creek Ranch Planned Unit Development Being 3305 acres of land, more or less, located in the Dupuy and Roberts Survey, Abstract 726, Brazoria County; William Morris Survey, Abstract 344, Brazoria County; T. C. R. R. Co. Survey, Section 3, Abstract 678, Brazoria County; T. C. R .R. Co. Survey, Section 4 (John W. Maxcy), Abstract 675, Brazoria County; Obediah Pitts Survey, Abstract 717, Brazoria County; H.T. & B. R. R. Co. Survey, Section 80 (J.S. Talmage), Abstract 564, Brazoria County; H. T. & B. R. R. Co. Survey, Section 81, Abstract 300, Brazoria County; H. T. & B. R. R. Co. Survey, Section 82 (J. S. Talmage), Abstract 565, Brazoria County; H. T. & B. R. R. Co. Survey, Section 83, Abstract 305 in Brazoria County and Abstract 761 in Fort Bend County; S.G. Haynie Survey, Abstract 212 in Brazoria County and Abstract 620 in Fort Bend County; Franklin Hooper Survey, Abstract 198, Fort Bend County; George W. McDonald Survey, Abstract 577, Fort Bend County; I. C. Stafford Survey, Abstract 668, Fort Bend County and the H. Levering Survey, Abstract 279, Fort Bend County, Texas; said 3305 acres, more or less, being more particularly described as follows: BEGINNING at the common north corner of Lots 3 and 4, Block 10 of the ALLISON - RICHEY GULF COAST HOME CO'S PART OF SUBURBAN GARDENS, SEC.'S 3 & 4, T.C.R.R. SURVEY AND SEC. 82, H. T. & B. R. R. CO. SURVEY & OBEDIAH PITTS SURVEY, a subdivision of record in Volume 2, Page 99 of the Plat Records of Brazoria County, Texas (B.C.P.R.) also being on the common line of the aforementioned T.C.R.R. Co. Survey, Section 4 and the Dupuy and Roberts Survey; THENCE, SOUTHERLY, 782 feet, more or less, along the common line of said Lots 3 and 4, to a point for corner on the southerly right-of-way line of Farm to Market Road 2234, 160 feet wide; THENCE, EASTERLY, 998 feet, more or less, along said southerly right-of- way line and its easterly extension, to a point for corner on the west line of the J. Crawley Survey, Abstract 174, Brazoria County, Texas; THENCE, SOUTHERLY, 3482 feet, more or less, along the west line of said J. Crawley Survey to a point for corner on the centerline of Hughes Ranch Road, also being the southwest corner of said J. Crawley Survey; THENCE, EASTERLY, 421 feet, more or less, along the southerly line of said J. Crawley Survey and along said centerline of Hughes Ranch Road, to a point for corner on the centerline of State Highway 288; Shadow Creek Ranch Planned Unit Development 7 City of Pearland, Texas THENCE, SOUTHERLY, 2426 feet, more or less, along said centerline of State Highway 288 to a point for corner on the easterly extension of the south line of that certain called 202.51 acre tract described in Clerk's File No. 98-022936, Official Records, Brazoria County, Texas (B. C. O. R.); THENCE, WESTERLY, 2588 feet, more or less, along said easterly extension and the south line of said 202.51 acres, to a point for corner on the common line of aforementioned William Morris Survey and the T.C.R.R. Co. Survey, Section 4, also being on the east line of Block 17 of the aforementioned ALLISON-RICHEY GULF COAST HOME CO'S PART OF SUBURBAN GARDENS; THENCE, SOUTHERLY, 370 feet, more or less, along said common survey line and the east line of said Block 17, to a point for corner, same being the southwest corner of said William Morris Survey and an interior corner of said T.C.R.R. Co. Survey, Section 4; THENCE, SOUTHERLY, 2520 feet, more or less, along the east line of Blocks 17, 18 and 19 and the west line of Blocks 20 and 21 of said ALLISON-RICHEY GULF COAST HOME CO'S PART OF SUBURBAN GARDENS, to a point for corner on the southerly line of County Road 92, 40 foot wide, a dedicated road as shown on aforementioned ALLISON-RICHEY GULF COAST HOME CO'S PART OF SUBURBAN GARDENS; THENCE, WESTERLY, 7090 feet, more or less, along the southerly line of said County Road 92, to a point for corner on the west line of aforementioned H. T. & B. R. R. Co. Survey, Section 80 and the east line of the H. T. & B. R. R. Co. Survey, Section 84 (R. B. Lyle), Abstract 538 in Brazoria County and Abstract 767 in Fort Bend County; THENCE, NORTHERLY, 20 feet, more or less, along the common line of said H. T. & B. R. R. Co. Survey, Section 80 and Section 84, to a point for corner, same being the common corner of said H. T. & B. R. R. Co. Survey, Section 80 and Section 84 and aforementioned H. T. & B. R. R. Co. Survey, Section 82 and Section 83; THENCE, WESTERLY, 5280 feet, more or less, along the common line of said H. T. & B. R. R. Co. Survey, Section 83 and Section 84, to a point for corner on the east line of aforementioned Franklin Hooper Survey, same being the common west corner of said H. T. & B. R. R. Co. Survey, Section 83 and Section 84; THENCE, SOUTHERLY, 158 feet, more or less, along the common line of said H. T. & B. R. R. Co. Survey, Section 84 and the Franklin Hooper Survey, to a point for corner, same being the southeast corner of said Franklin Hooper Survey and the northeast corner of the A.B. Langerman Survey, Abstract 555, Fort Bend County, Texas; Shadow Creek Ranch Planned Unit Development 8 City of Pearland, Texas THENCE, EASTERLY, 2636 feet, more or less, along the common line of said Franklin Hooper Survey and said A.B. Langerman Survey, to a point for corner on the easterly right-of-way line of Farm to Market Road 521; THENCE, NORTHEASTERLY, 9667 feet, more or less, along said easterly right-of-way line, to a point for corner on the centerline of Clear Creek; THENCE, NORTHEASTERLY, 1327 feet, more or less, along the centerline of Clear Creek to a point for corner on the aforementioned southerly right-of-way line of Farm to Market Road 2234; THENCE, SOUTHEASTERLY, 1519 feet, more or less, along said southerly right-of-way line to a point for corner on the of Fort Bend and Brazoria County line; THENCE, NORTHEASTERLY, 577 feet, more or less, along said county line, to a point for corner at the common corner of Brazoria, Fort Bend and Harris Counties; THENCE, NORTHEASTERLY, 2426 feet, more or less, along the Brazoria and Harris County line, to a point for corner in the aforementioned centerline of Clear Creek; THENCE, EASTERLY, 8250 feet, more or less, along the centerline meanders of Clear Creek to a point for corner on the northerly line of aforementioned Lot 3, Block 10 of said ALLISON-RICHEY GULF COAST HOME CO'S PART OF SUBURBAN GARDENS, same being on the aforementioned common survey line of the T. C. R. R. Co. Survey, Section 4 and the Dupuy and Roberts Survey; THENCE, EASTERLY, 453 feet, more or less, along said north line of Lot 3, Block 10 and said common survey line to the POINT OF BEGINNING and containing 3305 acres, more or less. Shadow Creek Ranch Planned Unit Development 9 City of Pearland, Texas tro.ork. i ....., i 4 L4 7 t•t: u-sk . . i.,•,. f 1' r t , i .U..Is I it i,.1 100 4.1- t --. i.ri 1 -. i fi • .. 1 i , a 1 4. I I 1 aeW I, rd, . • i 7 41,,,,x,. 1 i 1 1. 411/4 A11Oil .. t 41.1... Li .ifor, 1.,.,4•11P'4.P * • liFq1k • 1 1! • ..111/anigh,4 • . .. .''''''‘. q/1. 1,: CO L_ ._, . . li _ - 01 s . C41% 11.'' .4P----. '1 • 1K :; 1 --- 4LJL v '...%i.) ''• '''• zAc. .. 1_, r- 1.i 00/211; Clear 6------- .......... 21,-. ..4 0-,r i ,, ....twii:ii1,. 4‘. 17:9s.\-‘1r '• s• --- .'-"-:.6;';'±77--.77.1 Iirsel - N, 1. 4111111* 10.6....'. 1 A.7.{...... i ke, 411%• reek ' '." . Harris Cpunty fii,-, •,,4:—:.. .:;'- Brazoria County t' 1 •10-.‘• 1 I i!.. if k„,„,............e-. 1 1ipit 1 I., 4,...4...41,41.0 4.4.:1.0•.'-' 7.40:.......Plef :.) ieT 1..... t A 1 I r, 1 Viii - •r itlp• NIB i Lt I- j 1••• .NI l\.. City of Pearland IF TIRZ No. 2 0' 0 ilt, c.) Shadow Creek Ranch tr I. 11 0 C, 1 1 it'--...--' •- i , 13. 4 ay I It' • i043- 11r tir,...--- • I r e.. . 3 14--4 c4 •t e‘,....„ 31 r Ai 4•-•:-...% , irkire..,„, 1i i r tli Zr i Mill MIN Li NM 11111111 II XII l'i-ii•11 . t -141ft.i'V.0itttrt.4 k,• 1.92Countyi.........,...,,14,;•,._ r-iryRoad i I 1 r. r._ .FIGURE 2. EXISTING CONDITIONSL t•••,..- County Line1.,... 4 r 4 PID Boundary: 0800• iimirmiimilli• II II NI Ow'..• 0 1800 Nool• 1...1100' 4."-'North hoFIL 1'A.• i. - -.._...---....-. i AC. -0. III. Shadow Creek Ranch: Planned Unit Development A. Goals, Objectives, and Strategies The goals of the Shadow Creek Ranch Planned Unit Development are to provide guidelines for fostering the creation of a planned long-term development that provides variety and choice, strong character, long-term sustainability, a balanced community, and orderly growth. The development is envisioned as a collection of neighborhoods. The stated goals will ensure the long-term sustainability of each neighborhood, and thus preserve the character of the entire community. Furthermore, the goals reflect the flexibility and creativity required to achieve a high quality mixed-use development built over a long term. The goals and objectives outlined below are intended to facilitate a successful future, offering variety, amenity, and certainty for this community. Goal Objective Variety and Choice Provide a broad range of housing options, lifestyles, and opportunities for recreational activities. Strong Character Provide high quality planning, architecture,and creative design and aesthetic standards. Long-Term Sustainability Provide the certainty produced through land use controls,while planning for flexibility needed to create a series of quality neighborhoods. Balanced Community Provide compatible and functional land uses for employment, shopping, living, and recreational activities. Orderly Growth Provide certainty through mechanisms that guarantee orderly and controlled growth,through careful and respectful application of flexible regulations. Shadow Creek Ranch Planned Unit Development 11 City of Pearland, Texas The goals and objectives outlined for the Shadow Creek Ranch PUD, outlined above, will be achieved through the implementation of a series of planning strategies. Variety and choice will be achieved by creating a community of mixed land uses that offer a wide range of choices. The variety offered for single family attached and detached residential units is intended to appeal to a broad spectrum of buyers and lifestyles by providing employment centers, shopping, commercial and office sites, recreational uses, aesthetic open space, lakes, trails, and other community and neighborhood amenities. The community's strong character will be ensured through guidelines and controls for architectural and design aesthetics, open space and landscaping, perimeter treatments and neighborhood amenities, such as sidewalks and neighborhood recreation spaces. Long-term sustainability will be provided for the community through the adoption of a land use plan and ordinances that provide maximum flexibility, while also protecting residents and property owners by mitigating and buffering incompatible land uses through open space, landscaping, or fencing between land uses. A balanced community will be accomplished by mixing compatible and functional land uses that provide employment, shopping, living, and recreational activities. Orderly growth will be achieved through master planned development. This type of development will allow for controlled and ordered growth that is consistent in character and content, providing residents, businesses, and visitors with a clear sense of community. Thus, the planning strategies that will be implemented in the Shadow Creek Ranch development will ensure both the current and the future success of the community and its neighborhoods, providing flexible land use controls, high quality planning, thoughtful architectural and aesthetic guidelines, and numerous and meaningful neighborhood recreation spaces. The following figures: Figure 3, Public Amenities &Beautification Map and Figure 4, Streets and Signals Map, illustrate the high quality of the development. The planned utilities are represented in Figures 5, 6, and 7. Shadow Creek Ranch Planned Unit Development 12 City of Pearland, Texas les, INC. s0 04' V 4-48, 4 LEGEND PARKS I ATHLETIC FIELDS a 14.,.......( 0700:: 4748.,.........„....„,,,...,: e..74.-... I PEDESTRIAN(GREENBELT p 414 ft i/L _ Pa oc P oar+'.'. 1' I caul 01.0..:332 s..r.s .O R-1 LLJ 79ave.• I _ J I Q SN r_ 71 1. illu2saes ant R 1 • P-s sn 1 L t MFJ eo. STF /ED.21 McD-1 if i• 1J4.0Wv a ,FaaanlrXt2 scree. asaaW 1s.4.aW G2 7 acres F V R-2 s 4 e acre. C-9 C- fr.,,,,1815 acre. 15.9acre. „ IL a5.''', meo-3 35.8 saes \// Y( C i 7 7 erre23 l l G r-' eves 30Fcres I V 7 SF-31 r r 7H-1 N1p I s 310 ease 1 19.8 acre. S.• e r • V1I1'- ra I C0 acre. ii ! I / G,o 13 tGaae. I Y CH-4 16.0 sae. I 15.0 eaM I C MF-a 1 10.3 saes T 1\ 1 III 18.9 ecru IA I 22.8 acre. 27C- 4 sero L 1 1 w SF-4S 26.5 acres i V I it 1\ i7 Jam- 9 a'\ 1• v\/ SF-2 DD11-"1 fF-1 19.2 craw I QI \ 1 { 2.9 1 Gii fF-21 r l 27.7sawj2` fF•20 `/. t39 saw` F-.. AA__ IIGilr// ' l I i - 2i 2aaW FS I 239aaW/ I BFif d i/ g in 4w I I 20.0 saw 7).n 7 saw \ S 2s saw I fF 35 3 3 acre. I 2•---,------- < /WyI1 "222 craw c:- 21 p fil Y391acralF-31 ^ O. SF-34 \ I r rte t A. hi 1.2 t 9 acres ,/Q7 22.5 acres i 18.7 sacs i p n7 ecrw L. N/ ta y I Gi4 yl / A - F 8F-23 a •, 75 5 sae. 17a leve. i 2 LU 19 5 eats r 4 1 \ 25.1 saw 1!, ! 1 I l J no saw 1 aF24 ate eves 9 13 t ewes . / SF•53 1 34 7 acres 1it. SF-7 r V I 14 8 acre. C\ X2.4.CBs / Q I I I Gis SF-37 / Ie.. s fF9 I MF-a tze ac:os 28.3 scree 43.2 saw V I Ae' 28 5 acres 4IL TL T / I aF-39 ;r-; t AI J . i 7. C 27 9 acre. , sI `\ 2: 8F-.. 12.88-, ea2 OF•11 //' 2e 4 aces l ®..• Jri/ 30 3 acre. ,e i / r I I SF-10 / jr Z11fF-26 ii36.4 ease 4 fF 40 I .i/o', BFSS Jt 4 acres 1 l l SF-14 485 apes I SF-27 A =. J19.2 saw , - l I II 17.7 acral Da-0 I we,IgIIt' I 29.5-4W I 43I , BFc I I q'f •'N B BOW 1 TH, 41 , t 4 FB I II.i:: ' I SF i tfF• W ` 192-:ces SF-1S I I ,.• G y 220 saes CH•S I f 14 acro+fF-1a h I aary,4, 1J8acrW fF2f I 35.2 acre. 14.9 acral SF-57 I. 40.4 sae. 1\ I 8F39 I } I y , 24.3 acral 3F-44 ys-- 4 4! Misr. Oe Co.S1T• r14 2PEli215acral ;; , Iii F2.1.7 r _ L -. ' I252aaW- ' Fwn.rX I SF-30 h I 19.7 acres MF-1- 10 r ii 24.4 saw 25.0 acres 27.1 acral 5F.5 1 \ : OF 4M crea ifla i SF-45 21.B acral J Q 205 acres git,' IML 223 ac I I 4. m rROpOSEDROAD FIGURE 3 a public amenities & beautification map for SHADOW CREEK RANCH prepared for w 111111111141111111111i SHADOW CREEK RANCH DEV. CO. , L . P. THIS MAP IS FOR PRESENTATION PURPOSES ONLY AND WAS PREPARED WITHOUT BENEFIT OF AN ENVIRONMENTAL ANALYSIS OR ENGINEERING STUDY AND IS SUBJECT TO CHANGE. NO KERRY R. GILBERT & ASSOCIATES, 1 N C. Land Planning Consultants pWARRANTIESORREPRESENTATION. EXPRESS OR IMPLIED. CONCERNING THE ACTUAL DESIGN, LOCATION, OR CHARACTER OF THE FACILITIES ILLUSTRATED ON THE MAP IS INTENDED. 15810 Pork Ten Place ADDITIONALLY, NO WARRANTY IS MADE AS TO THE ACCURACY OF THE INFORMATION CONTAINED Suite 160HEREIN. SAID INFORMATION REPRESENTS A GRAPHIC COMPILATION OF DATUM OBTAINED FROM MAPS, SURVEYS, AND OTHER DOCUMENTS PROVIDED TO KERRY R. GILBERT&ASSOCIATES, INC. ISCALE JULY 2S 1099 Houston, Texas 77084 THE ILLUSTRATED TIRZ IMPROVEMENTS ARE SUBJECT TO CHANCE PER FINAL GOVERNMENTAL 8 254 5Ao Ir;; KGA#03301410 (281) 579-0340 s~, s APPROVAL. ANY SUCH CHANGE WILL NOT REQUIRE A PLANNED AMENDMENT.s oT 0 CLEAR CREEK 7• \\ I Sv / X II I? ui';.. sA \\ 2----__ ___-=_'- _—_ J -----1--- z----- — __N I F.M. 2234 7-0, i, SCALE:r-iscYr j,‘ ///7'\,,, / L-------13' \ L----__________ I ii r--'I-.-.”- l, 73,I 0 T--__-.T_.-.r.--_-,--_-,--=.--–_ ger,go illi : 0 . co i w ni (PV,„......____,-----\________.),/ I I—---•-•=-:-.--__,_....._ F r---- 0 jL-----/i 1.,...... Ir I 4:—. :_. __ I C R. 92 i LEGEND FIGURE 4 NOTE: THE PROPOSED T.LRZ.IMPROVEMENTS ARE SUBJECT TO CHANGE PER FINAL 80'R.O.W.WITH 28'PAVEMENT SHADOWTCRREEK RANCH i g GOVERNMENTAL AGENCY APPROVALS, IIIIIII100'RoW.WITH 2-25'PAVEMENT SECTIONS (8•coNC,)MASPLAN AND DO NOT REQUIRE PLAN 80'ME RO.W.WITHII 2-25'PAVEMENT SECTIONS AMENDMENTS Al 150RO.W.-FUTURE WIDENING OF EXISTING MCSIARD ROAD STREETS & SIGNALS MAP 2:100'ROW.WITH 2-25'PAVEMENT SECTIONS Cr CONC.) 100'RO.W.WITH 4-12'LANES AND A 14'CONTINUOUS TURN LANE Lit 2929 ErI - -1,27-lye Phone 713.953.5200 ip I LOCATION OF STREET SIGNAL U PRIMARY ENTRY MONUMENT 2529 r500Ic Fax 71y 97S 5026 Houston. moos 77042-3103 b X 4..4 1919-7607 I JUNE 1999 4 b AI CLEAR CREEK 1\ rN,7N.--------8' I It N 20'BY CITY 30'\; 4!* I 7 Fakt 1_,,iw 0,F.M. 2234 r• 20' a.20" ". 7: 0,i tin16IIAIlpiiIII16' 1 2q C'''°nc.:3,IP < ' gtC" gj :4--------j\ 0 I% 6' 6' co. 1 17.______"._---j 12, vi v j T tri1" 111/111111ci 16' 12' . 41r: r...........%**** 12' L IP' 8' 6)0Pes i0,%' 4111,, c:__,.,--- IE' I lipi 12____,_ 1 8' J 12• I 6' 116'BY CITY 1 C.R. 92 LEGEND FIGURE 5 NOTE: THE PROPOSED T.I.R.Z.IMPROVEMENTS SE DOW CRSS ARE SUBJECT TO CHANGE PER FINAL PROPOSED WATER LINE MAN AGENCY APPROVALS, AND DO NOT REQUIRE PIAN WATER IMPROVEMENTS MAP AMENDMENT'S. CITY WATER LINE A. PROPOSED WATER PLANT ILIA mita Inc. 6 29 9rl0rpark Orly. Phone 711%7.5200 , Suite 900 y. j Hearten. Texas 77042-3753 Roc 713.953.5026 99 I CL EAR CREEK el?' Phillirillmi 0 it 4/,... 411.% 11. 111111111111 I 'IP '--,-,,,16. 4; I M. 2234 MI t--3,j SCNF,f•130D' IIP 14 ,_______ milim2 I'M' 36°a", i5' k' A J I30' 10' it 1po moo. iir, 10" -.,, 1•' __.......................___._L:1(... 1 fc,4111i.7,I 11111141 2'_ 11, co 5' co• ilftil V10 y v pillh10' V Illitir Ci: 0 24° Z elc::::: I/j l5•All 10 4 ,„„,..„ 36 115, i _______ , 0' o 0, 0 1 C.R. 92 NL I ObT LEGEND FIGURE 641 PROPOSED SANTI'ARY SEWER NOTE: THE PROPOSED WIZ.IMPROVEMENTS ARE SUBJECT TO CHANGE PER FINAL PROPOSED PORCH MAIN SHADOMASTERWCREEK RANCH O PLAN a GOVERNMENTAL AGENCY APPROVALS, AND DO NOT REQUIRE PLAN PROPOSED LFT STATION SEWER IMPROVEMENTS MAP WAMENDMENTS.III1Nraium SEWAGE TREATmeNT PLANT e Le Erphoutpo LA b 2929 Sri crperk Orly. Phone 713.933.3200 by Sidi.900 713.953.502S29 u.,pr T.-. 77042-3703H d f 1151121...5n 5n 1645-9503 110A . 1991 iii 1, CLEAR cREEK s,. s,,, pi r., ,,„....._____ ,‘ 30' 11117/ rt2Z f7 0,,-,. 4 111 3. 24. 4 ,x,24'tri i 24' i 11011- '- . int24 42 A 24' pos f _i 5D' 1 10'x6:24' 0.7ip71co 0'x6 vi Iv!op JIW ti 24° lik 2° d li_it;r:.' ri i 66^II'IlliallLD yllr:lx. y ° a 4 tiakAlti>'2/4.1 lilt,' 1”: ri ill 12424 50 \ 1 u11..,Prell ditiki 84'! 3 2 10'x6' Api ,4 %,,,,p KY x 9111 0I16N— 7- z-" __ L__...A11 41- 11 I li I 18° 54° AM C.R. 92 flik ap I I 1 oo T LEGEND n FIGURE 7 NOTE: THE PROPOSED WIZ.IMPROVEMENTS PROPOSED STORM SEWER ARE SUBJECT TO CHANGE PER FINAL vSHADOWCRSRANCH GOVERNMENTAL AGENCY APPROVALS, SO PROPOS® PROPOSED DIVERSIONWETDETENTIONAREA CHANNEL MASTER FLAN z AND DO NOT REQUIRE PIAN Y REQ CHANNEL RIGHT-OP-WM'TO HE STORM WATER IMPROVEMENTS MAPAMENDMENTS. PROPOSED DRY DETENTION AREA ANNEXED INTO THE ZONE IN THE FUTURE ) r; 4teditcli L.Mi hc. LA :. 7 PROPOSED CHANNEL IMPROVEMENTS bP2929 6rIer0crk Drive Mans 713.96'3.5200iSidle600Roc713.953. 5 Houston. 74.206 7701[-3703 12 I••. 1645-9503 1 AUL 11190 B. Assumptions and Choices The Shadow Creek Ranch Development is an important opportunity for the City of Pearland to begin to promote balanced and well-planned growth. The magnitude and quality of the Shadow Creek Ranch development may serve as a standard from which the City can approach future planned unit developments. The development will also provide high quality housing, office space, shopping opportunities, civic spaces, and open space amenities for both residents and citizens of Pearland. C. Development Schedule The proposed Shadow Creek Ranch Planned Unit Development will be built out over a projected period of fifteen years, with completion anticipated in 2014. Due to the discrete mix, the broad variety of uses, and the size of the project, it is anticipated that the project will be completed in phases, each constituting a village. Each village will have all the qualities of an independent, successful community, including commercial amenities, a range of housing opportunities, and prominent open space. Figure 8 illustrates the development phases of the planned unit development graphically, as an overlay to the proposed plan. Shadow Creek Ranch Planned Unit Development 18 City of Pearland, Texas SEs, % N. bo e 1. 41414 LEGEND VILLAGE 6 r IIIII COMMERCIAL-RETAIL, O OFFICE,RESTAURANT 5 t 111111 COMMERCIAL-CONVENIENCE STORE p i Wpm VN'• F L O O,..+' y 0. \le INDUSTRIAL I,/ C. ti6ive+ a jG,put ii\aSk Es SCHOOL C- O I i, p•2 a 0' 11' liabb 3°.t w«we,. I 37.2 aaoi, • ENR•1 8 J Ell CHURCH i /--._' u.3 aa« G. I l/l i /, a •, L___ G 1 ' VILLAGE 5 16.7.x.. HOSPITAL/MEDICAL i r j, ED-2 MED-1 I N;Iweer r Y1J a I a5aan 1 23.1 J I fr I q DAY CARE 7aaaa r SNR-3 aaaa - / MEDJ I + 7589 wan 1111 MUNICIPAL 16,5 saw E2'7•q. +• ypr 111. 35.7 - 1 03 DSVISITOR!INFORMATION CENTER Ih/ II II 3F-47 ^\s8,SF-31 1-2- i TN-+ ir''' {{ I •\ j N 03 n DRILL SITE 1 PARK ao 6 acres i 3t 0 acre. I t98 were Te ee Easr E T` rw+ 1 3 b. C•7 1 I CH-3 I :18 0acres _ II 1 +UTILITY I IMPROVEMENTS t7,aa« 1p.3l 20 3 acre. 1 27.7 aa« 9.5-.. re_.--- 1,.;J, 36]av« 1 NEIGHBORHOOD r ` --(-`. 1n-_ y RECREATION CENTER I PARK // aS J xes.es f ' re 1 F•3z I SF-2// 37 5 acres 1 1 SR, 57 • 9 2 aaea LAKE awm ` N 17.6 acres J 1x e aaea 1. E-1 I 924! lR21 I 57 11 Q ASSISTED LIVING/ i 16A craw I a 0T t3.9 acne 1• _-_'_ , x70 sacra I < M SENIOR HOUSING I I \\ ` _ - J Ea«r^! j'^ I iF19 fj x,l w« I1Nv / SF-4 r/ 61.8II M , I/ I•+ I 30.0 ao« t t7 aws 21.5 weer MULTI-FAMILY L,„a« f 6835 J11/1.-':-' a ,SF eaea t L-.r._- 1 W/ I ___I 1 _ t' 222 aa« •6c-:.::,_:.c \ t 1 55'x 115• 1 I SF-150 p _ 1• _ i !r 42 it > e.t aeon / t0.9 pH , Y2.5 w 16.1 aaM 11.z aaa G,4 \ p60'z 115' aux I 1;AQP Lam- s. fix. IS S anal 1 8+acro, 19 5 aim C 65'x 115, lI I 2, r W 77 70'x 120' 3 I-3 es ..lit tl-66 22.0 acne 1 11\ 4•4411111k 3F-7 r 7 QiU.6 aana I•/ s 2 arae, I OnWC•15 y ted+,',., r N-77 iJiq_.. R?b 3F-9 U MF-6 ,` t7.a ea«6y I j 90'x 130' l' I f/ ` ze.6Naas F„791.a.a y 1 :/': 6t•..aoa Zi IIAli u aL . I PATIO 44/` F'.. 1'1 i I 2 .spa. !r7 I n 1 Cir SCH 7 - 36.8 acne 25 a e,y"s r 2 CLUSTER I IIe Lill 0 ZIlliTOWNHOMES// 7 f j r• l, 11V SF-26 aF-10 36.4 acne r11 .-.. _. • 1 SF-40 n l 1 51.66 O 1.I 5F-66 ,, 31 A ape I; Mr l •i 0 18W4-1 acr. 19 2 aaaa , , 7', 41 5 w« J ,7.,p« III i1 51.43 I IC) 161/4\ U 3SF- 13aa+aa3a II x95w«1 r 1 Npya,.,_eb , I 16.Baa« I 1.4FtnSF-17 51-+5 VILLAGE 1III,/ I 11 I 2SF- 41 I .• t weer 19.3 aa« ` t13F- 16 SF-16 11 a'7 (/ i SF•29 I 3a 2 was I Oe t1.9 KM ; -. ir I I P,pelsre co 11 0 reser-owe 51.69 4''ti _ 1 q+r.. a•,grte213w« '/ 1/1 91.44 // c. lave' C.--e Ca ___ s 2.0"'''''",..-•••-----: _,,20'man 5'i La 'g 7Stew« i v. I7. 3'7.7 aa« 2M3. 4 218.2.10/Mi. 205aala 28.8 wee PROPOSED ROAD FIGURE 8 ii ' 61'- VILLAGE 2 a development phase map for VILLAGE 4 VILLAGE 3 SHADOW CREEK RANCH prepared for a SHADOW CREEK RANCH DEV. CO. , L . P. THIS MAP IS FOR PRESENTATION PURPOSES ONLY AND WAS PREPARED WITHOUT BENEFIT OF AN ENVIRONMENTAL ANALYSIS OR ENGINEERING STUDY AND IS SUBJECT TO CHANCE. NO KERRY R. GILBERT & ASSOCIATES, INC. LOTxi Pbrnina ConsuItmks O S. WARRANTIES OR REPRESENTATION. EXPRESS OR IMPLIED, CONCERNING THE ACTUAL DESIGN, LOCATION. OR CHARACTER OF THE FACILITIES ILLUSTRATED ON THE MAP IS INTENDED. 15810 Park Ten Place ADDITIONALLY, NO WARRAN'1 IS MADE AS TO THE ACCURACY OF THE INFORMATION CONTAINED Suite 160 HEREIN. SAID INFORMATION REPRESENTS A GRAPHIC COMPILATION OF DATUM OBTAINED FROM SCALE N MAPS, SURVEYS, AND OTHER DOCUMENTS PROVIDED TO KERRY R. GILBERT &ASSOCIATES, INC. II JULY 28,1999 Houston, Texas 77084 4 THE ILLUSTRATED TIR2 IMPROVEMENTS ARE SUBJECT TO CHANCE PER FINAL GOVERNMENTAL A ;, ,oleo KGA603301.010 (281) 579-0340 4 APPROVAL. ANY SUCH CHANCE WILL NOT REQUIRE A PLANNED AMENDMENT. 01+' IV. Shadow Creek Ranch: Existing and Proposed Land Uses A. Existing Land Uses The site of the Shadow Creek Ranch PUD is currently vacant and undeveloped. B. Proposed Land Uses Land Use Districts - General For the purpose of this Planned Unit Development Land Use Ordinance, the PUD is divided into fifteen land use zones, as follows in Table 2: Table 2: Land Use Districts City of Pearland District Land Use District CategoryAbbreviationDistrict R-1 Large Lot, Single Family Detached Residential R-1 R-2 Large Lot, Single Family Detached Residential R-1 R-3 Medium Lot, Single Family Detached Residential R-2 R-4 Medium Lot, Single Family Detached Residential R-3 R-5 Small Lot, Single Family Detached Residential R-3 R-6 Small Lot, Single Family Detached Residential R-4 R-7 Patio Homes R-4;Patio Homes R-8 Cluster Homes&Townhomes Patio Homes MF Multi-Family Dwelling District MF MF - S Multi-Family Senior/Assisted Living District MF OP Office and Professional District OP NS Neighborhood Service District NS GB General Business District GB C Commercial District C M-1 Light Industrial District M-1 Note: The third column represents the compliant land use as defined in the City of Pearland's Land Use and Urban Development Ordinance, 1994. Shadow Creek Ranch Planned Unit Development 20 City of Pearland, Texas Each land use district is provided with outlined goals and objectives to be achieved through application and each land use district must meet the specific requirements and the general conditions, which follow. Land Use Map and Regulations The Planned Unit Development, Shadow Creek Ranch, is divided into a broad spectrum of land uses, as shown on the Proposed Land Use Map, attached as Figure 9. In combination with the Land Use Map, the following regulations will be used to determine the compliance of proposed land uses in the Shadow Creek Ranch development. Land Use Changes/Regulatory Compliance Land use shall be regulated on a total acreage basis and by a finite cap on the number of dwelling units. Each land use category may be increased in acreage by up to 15%, as long as the total number of dwelling units does not exceed 12,723. The percentage land use area change is required to assure the success of the development based on two important issues: first, the long-term development of the site over fifteen years; and second, the need to maintain the ability to modify land use categories slightly to continue to remain competitive in the real estate market over time. Land uses may be interchanged within the boundaries of the planned unit development provided they are in compliance with the acreages defined in Table 3, page 23, subject to the above referenced 15% allowable increase and that the uses are in agreement with the land use compliance matrix illustrated in Figure1 l. If the proposed modification of a land use is not compliant with the adjacent land uses, buffer zones must be created as defined below through either landscaping, compliant uses, or fencing. If a proposed land use is requested to be increased in area by more than 15%, a variance must be requested and approved by the City of Pearland's Planning and Zoning Commission. Shadow Creek Ranch Planned Unit Development 21 City of Pearland, Texas lis, INC. 00 l— LEGEND W COMMERCIAL-RETAIL, n Ea COMMERCIAL RESTAURANT 411111111 I i NM COMMERCIAL-CONVENIENCE STORE 1 e" 9/ pY EsINDUSTRIAL a- ae,0e+ \b/Gp T Y l L Y r.: C- Op x,]we. I 619 5 SCHOOL 7s,,am• 04 1 a L. I Q 11.7 w« CHURCH U,tM Oft\ \. L-_ _ 1,- I.. I r\ .._-_- 11 16.7 w« 25.E.unww - oHOSPITAL/MEDICAL a O« 1-,----- 111 . I i ED-2 .., am f l- isr2- 811151- MEo-, r MFS IJ: F..wn,r,f at. \ s uam 18 7.ae DAY CARE w« pAR•2 I Ilwl -e Y SNRJ w« \ t MED•3 y C-9 4Ak VN 4/1' .. ,,... I.ifill - , . i 5. 7D- 3- MUNICIPAL t, y r1 CO VISITOR!INFORMATION CENTER T.---, \' I s ...., CO Y F.M. 2234 I(^ as ex DRILL SITE I PARK 3111 wee t' c re w r»t i N / N eigts spa ii MF.--5,..5 ZLiUTILITYIIMPROVEMENTS / / , 2 9 M^• 2 ocaft NEIGHBORHOOD I RECREATION CENTER I PARK // / SF-46 I II 28 5 suetSF-33 j •aLAKEeom S w« 1 - lill 29.0« I n7 nue. I I 39.2, C-12 3 ASSISTED LIVING/1 \`11.8 saes T u,vw« z3vaam SENIOR HOUSING 2t 2 Koss I O co 200mn, t,Lea« 2{5wm SF-19 MULTI-FAMILY 7 t41 I'' u-35 I E.3 twee SF-4 bF b W u-5v Lu f-711 n« R"1 x,w.. SF-51 125.x., u-22 A I I o.9 rme ILJ) e 181 w« a. 1r .,...___, 6,4 Cz.'---,'''' :'.'''. T 9 acesIli.1, 43 c SF-34 ", SF-24 Av. / i 32E w.. r r I n.o w« Lux LJ R-4 t acres / I bf-S3 / •IIF-7 r r a F----I c 1 1 6wr j .li i,<,.., r 1%616 I_..__,,, R-S A{ ,° 1 I SF-37 1 1 SF9M LigSF-25 MB 5 R-0 I l 25.v w« 17,7*oft 26{acme r 9 I O 8F-10311 b.w« r. O` I I F-40 I IIF-14 1' SF-28 eAirII e a na,K 17 t wm SF-13 r Itl ri i L___--- G I I u-4, bO1b4 7nae, - 1S raft Mr I I I Rn 4.Co . L.22.Il w.. l 10.1.0« , u•29 ‘( 1{2 w« I ( 3: 33 . 891 I u-57 I I T.fG' I{ '!T,_'TI rwu+rofnporn.co yb4». SF- 243scr• 441 iuw / ..__. ® yam i+ l y--- n•••""" . 1 6ii SF-47 i ItVJI._./ I x4.4 w.. 25 0 acr« I 27 w« 11044 11:- W — Sas w./ Ali , oFace. 39.31 10 ea«SF-4S A I z,a nom I 4444-- FIGURE 9rROPOSEDROAD Ii a proposed land uses map for SHADOW CREEK RANCH Prepared for w SHADOW CREEK RANCH DEV. CO. , L . P. litisiftr THIS MAP IS FOR PRESENTATION PURPOSES ONLY AND WAS PREPARED WITHOUT BENEFIT OF AN ENVIRONMENTAL ANALYSIS OR ENGINEERING STUDY AND IS SUBJECT TO CHANGE. NO KERRY R. O I L B E R T & ASSOCIATES, INC.INC Lord {Onnin9 COnSUROntS O WARRANTIES OR REPRESENTATION. EXPRESS OR IMPLIED. CONCERNING THE ACTUAL DESIGN, 15810 FOrk Ten PIOCe 4 LOCATION, OR CHARACTER OF THE FACILITIES ILLUSTRATED ON THE MAP IS INTENDED. ADDITIONALLY. NO WARRANTY IS MADE AS TO THE ACCURACY OF THE INFORMAT'ON CON,AINED Ten 18e HEREIN. SAID INFORMATION REPRESENTS A GRAPHIC COMPILATION OF DATUM OBTAINED FROM SCALE Houston, Texs r MAPS, SURVEYS, AND OTHER DOCUMENTS PROVIDED TO KERRY R. GILBERT &ASSOCIATES, INC. SEPTEMBER 1999 S THE ILLUSTRATED TIRZ IMPROVEMENTS ARE SUBJECT TO CHANGE PER FINAL GOVERNMENTAL 75n sdo ,o w KGA SEPTEMBER 1999 on, T as 7708440 Y' APPROVAL. ANY SUCH CHANGE WILL NOT REQUIRE A PLANNED AMENDMENT. V.O1 KERRY Table 3: Shadow Creek Ranch: Acreage per Land Use Percentage of Land Use Acres Total Acreage Single Family Residential (incl. Townhouse & Cluster) 1546.1 46.8% Multi Family Residential 192.8 5.8% Assisted Living Residential 46.6 1.4% Commercial 285.4 8.6% Institutional/Civic 262.4 7.9% Industrial 31.9 1.0% Parks/Recreation/Open Space, Includes: 429.2 13.0% HL&P Easements Pipeline Easements Neighborhood Rec.Centers Parks/Open Space,includes drill sites Visitor Center Ditches Right-of-Ways 230.8 7.0% Proposed Lakes (Includes Existing Ponds) 265.0 8.0% Sewage Treatment Plant Site 12.8 0.4% Water Pump Station 2.0 0.1% Total = 3305 100.0% Boundaries For the purpose of this ordinance, the boundaries of the Planned Unit Development are as illustrated in Figure 10, which follows. Shadow Creek Ranch Planned Unit Development 23 City of Pearland, Texas Figure 10: Planned Unit Development Boundary Map u mebp hlarmr //{{'' i i i NAha Place f1 , Q u4ua Fjoad ' r ' 1 I h //////1fffll i 3 r--- I ' 7JltionIEAr3e73nnboai I n 4i 1 i mi' i A W y.,, I I n 1___ I I , to b• I t afor PIry(proposed) 1 Fellows F z : =Tr==Ti== T Samous i I 1 BiuehOnnet Acres ,/ Mc Nar• -oad I Nw‘ 11497 iv A f I /, —rN i‘ 9• 0 .1.,,.. • - \m‘• - 1 d n P. i a 1 l, a J l x I m verve en Roadad y---1 7 r.1 sno C y — r Cnty Rd 59= Compatible Land Use Ordinance—General Compatible adjoining uses are defined as uses that are not in conflict with abutting uses. Uses that are compliant as defined by the Compliant Use Matrix, Figure 11 which follows, are not subject to providing either landscape buffer zones or use buffer zones. Provided that the desired land use is not listed among the compliant uses a landscape, open space, fence or wall buffer zone or a use buffer zone must be executed. Each land use district has specific requirements that apply to the required buffer zones in the case of non-compliant adjacent land uses. Shadow Creek Ranch Planned Unit Development 25 City of Pearland, Texas Figure 11: Compliant Use Matrix Use R-1 R-2 R-3 R-4 R-5 R-6 R-7 R-8 MF MF-S INST NS GB OP C M-1 R-1 A A A A A A 1 B CC A CCC C D R-2 A A A A A A B C C A CCCCD R-3 A A A A A A A B B A AC CCD u:. R-a A A A A A A A B B A ACCCD R-5 A A A A A A A A A A ACCCD R-6 A A A A A A A A A A ACCCD R-7 A A A A A A A A A A ACCCD R8 BB A A A A A A A A AC C C D MF CCBB A A A A ', A A A A A A C MF-S CC B B A A A A A A A A A A C INST A A A A A A A A A A A A A AC NS CC A A A A A A A A A IA A A A GB CCCCCCCC A A A A A A A OP CCCCCCCC A A A A A A A C C C C C C C C A A A A A M-1 DD D D DDDDCCC A A AA r?, Required Buffer A Compliant Land Use-No Buffer Zone is Required B Non-Compliant Use-One of the two(2)following buffer zone treatments are required: (1)a 10'landscape or open space buffer zone;or(2)an 6'fence or wall constructed based on the Development Design Guidelines. C Non-Compliant Use-The following buffer zone treatment is required: a 25'landscape or open space buffer zone. D Non-Compliant Use-The following buffer zone treatment is required: a 50'landscape or open space buffer zone. Shadow Creek Ranch Planned Unit Development 26 City of Pearland, Texas The Land Use Districts are subject to the following provisions. Land Use—Residential Districts Residential land uses encompass both attached and detached single family and multi-family uses. The following district abbreviations, R-1, R-2, R-3, R-4, R-5, R-6, R- 7, R-8, MF, and MF— S are subject to the following residential land use provisions: R-1 SINGLE FAMILY DWELLING DISTRICT Purpose of District The R-1 Dwelling District provides for large lot, single family detached dwellings. The district is the most restrictive of all residential districts, requiring large lots, and encourages a grouping of dwelling units to achieve larger open space areas and community recreational uses. General Conditions Additional Allowed Uses: See Compliant Use Matrix—Figurel 1. 1. Area Requirements: a) Minimum Lot Size—Every lot within the zoning district shall be at least 10,000 square feet in area. b) Minimum lot width—Every lot within this zoning district shall be at least 80 feet in width, measured at the front building line. c) Maximum Coverage—No more than 60% of the total lot area shall be covered by structures. 2. Yard Requirements (Setbacks) a) Front yards shall be at least twenty-five (25) feet. b) Rear yards shall be at least twenty(20) feet. Shadow Creek Ranch Planned Unit Development 27 City of Pearland, Texas c) There shall be one side yard of at least five (5) feet, with an aggregate adjacent dwelling separation of fifteen (15) feet. Every part of a required side yard shall be open and unobstructed. Accessory buildings must meet all setback requirements. Additionally, the ordinary projections of window sills,belt courses, cornices and other architectural features projecting not to exceed twelve (12) inches into the required side yard, and roof eaves projecting not to exceed forty-eight (48) inches into the required side yard, except that no projections shall be permitted closer than twelve (12) inches to a common property line. 3. Height Restrictions: No building shall exceed thirty-five (35) feet in height. 4. Accessory Buildings: Accessory buildings, including garages, tool sheds, and greenhouses shall be permitted behind the front building line;provided, however, than no structure shall be allowed in any dedicated easement, or setback. R-2 SINGLE FAMILY DWELLING DISTRICT Purpose of District The R-2 Dwelling District provides for large lot, single family detached dwelling units, and encourages a grouping of dwelling units to achieve larger open space areas and community recreational uses. General Conditions Additional Allowed Uses: See Compliant Use Matrix—Figure 11. Shadow Creek Ranch Planned Unit Development 28 City of Pearland, Texas 1. Area Requirements: a) Minimum Lot Size—Every lot within the zoning district shall be at least 8,000 square feet in area. b) Minimum lot width—Every lot within this zoning district shall be at least 80 feet in width, measured at the front building line. c) Maximum Coverage—No more than 60%of the total lot area shall be covered by structures. 2. Yard Requirements (Setbacks) a) Front yards shall be at least twenty-five (25) feet for all lots of one hundred(100) feet or more in depth and twenty(20) feet for lots of less than one hundred (100) feet in depth. b) Rear yards shall be at least twenty(20) feet. c) There shall be one side yard of at least five (5) feet, with an aggregate adjacent dwelling separation of fifteen (15) feet. Every part of a required side yard shall be open and unobstructed. Accessory buildings must meet all setback requirements. Additionally, the ordinary projections of window sills, belt courses, cornices and other architectural features projecting not to exceed twelve (12) inches into the required side yard, and roof eaves projecting not to exceed forty-eight (48) inches into the required side yard, except that no projections shall be permitted closer than twelve (12) inches to a common property line. 3. Height Restrictions: No building shall exceed thirty-five (35) feet in height. 4. Accessory Buildings: Accessory buildings, including garages, tool sheds, and greenhouses shall be permitted behind the front building line; provided, however, than no structure shall be allowed in any dedicated easement, or setback. Shadow Creek Ranch Planned Unit Development 29 City of Pearland, Texas R-3 SINGLE FAMILY DWELLING DISTRICT Purpose of District The R-3 Dwelling District provides for medium lot, single family detached dwelling units, and encourages a grouping of dwelling units to achieve larger open space areas and community recreational uses. General Conditions Additional Allowed Uses: See Compliant Use Matrix—Figure 11. 1. Area Requirements: a) Minimum Lot Size—Every lot within the zoning district shall be at least 8,000 square feet in area. b) Minimum lot width—Every lot within this zoning district shall be at least 70 feet in width, measured at the front building line. c) Maximum Coverage—No more than 60%of the total lot area shall be covered by structures. 2. Yard Requirements (Setbacks) a) Front yards shall be at least twenty-five (25) feet for all lots of one hundred (100) feet or more in depth and twenty(20) feet for lots of less than one hundred (100) feet in depth. b) Rear yards shall be at least twenty(20) feet. c) There shall be one side yard of at least five (5) feet, with an aggregate side yard of at least ten (10) feet. Every part of a required side yard shall be open and unobstructed. Accessory buildings must meet all setback requirements. The ordinary projections of window sills, belt courses, cornices and other architectural features projecting not to exceed twelve (12) inches into the required side Shadow Creek Ranch Planned Unit Development 30 City of Pearland, Texas yard, and roof eaves projecting not to exceed forty-eight (48) inches into the required side yard, except that no projections shall be permitted closer than twelve (12) inches to a common property line. 3.Height Restrictions: No building shall exceed thirty-five (35) feet in height. 4. Accessory Buildings: Accessory buildings, including garages, tool sheds, and greenhouses shall be permitted behind the front building line; provided, however, than no structure shall be allowed in any dedicated easement, setback. R-4 SINGLE FAMILY DWELLING DISTRICT Purpose of District The R-4 Dwelling District provides for medium lot, single family detached dwelling units, and encourages a grouping of dwelling units to achieve larger open space areas and community recreational uses. General Conditions Additional Allowed Uses: See Compliant Use Matrix—Figure 11. 1.Area Requirements: a) Minimum Lot Size—Every lot within the zoning district shall be at least 7,000 square feet in area. b) Minimum lot width—Every lot within this zoning district shall be at least 60 feet in width, measured at the front building line. c) Maximum Coverage—No more than 60% of the total lot area shall be covered by structures. Shadow Creek Ranch Planned Unit Development 31 City of Pearland, Texas 2. Yard Requirements (Setbacks) a) Front yards shall be at least twenty-five (25) feet for all lots of one hundred (100) feet or more in depth and twenty(20) feet for lots of less than one hundred (100) feet in depth. b) Rear yards shall be at least twenty(20) feet. c) There shall be one side yard of at least five (5) feet, with an aggregate side yard of at least 10'. Every part of a required side yard shall be open and unobstructed. Accessory buildings must meet all setback requirements. The ordinary projections of window sills, belt courses, cornices and other architectural features projecting not to exceed twelve (12) inches into the required side yard, and roof eaves projecting not to exceed forty-eight (48) inches into the required side yard, except that no projections shall be permitted closer than twelve (12) inches to a common property line. 3. Height Restrictions: No building shall exceed thirty-five (35) feet in height. 4. Accessory Buildings Accessory buildings, including garages, tool sheds, and greenhouses shall be permitted behind the front building line; provided, however, than no structure shall be allowed in any dedicated easement, or setback. Shadow Creek Ranch Planned Unit Development 32 City of Pearland, Texas R-5 SINGLE FAMILY DWELLING DISTRICT Purpose of District The R-5 Dwelling District provides for small lot, single family detached dwelling units, and encourages a grouping of dwelling units to achieve larger open space areas and community recreational uses, and higher densities. General Conditions Additional Allowed Uses: See Compliant Use Matrix—Figure 11. 1.Area Requirements: a) Minimum Lot Size—Every lot within the zoning district shall be at least 6,000 square feet in area. b) Minimum lot width—Every lot within this zoning district shall be at least 60 feet in width, measured at the front building line. c) Maximum Coverage—No more than 60%of the total lot area shall be covered by structures. 2. Yard Requirements (Setbacks) a) Front yards shall be at least twenty-five (25) feet for all lots of one hundred (100) feet or more in depth and twenty(20) feet for lots of less than one hundred (100) feet in depth. b) Rear yards shall be at least twenty(20) feet. c) There shall be one side yard of at least five (5) feet,with an aggregate side yard of at least ten (10) feet. Every part of a required side yard shall be open and unobstructed. Accessory buildings must meet all setback requirements. As permitted herein, and the ordinary projections of window sills, belt courses, cornices and other architectural features projecting not to exceed twelve (12) inches Shadow Creek Ranch Planned Unit Development 33 City of Pearland, Texas into the required side yard, and roof eaves projecting not to exceed forty- eight(48) inches into the required side yard, except that no projections shall be permitted closer than twelve (12) inches to a common property line. 3. Height Restrictions: No building shall exceed thirty-five (35) feet in height. 4. Accessory Buildings: Accessory buildings, including garages, tool sheds, and greenhouses shall be permitted behind the front building line; provided, however, than no structure shall be allowed in any dedicated easement, or setback. R-6 SINGLE FAMILY DWELLING DISTRICT Purpose of District The R-6 Dwelling District provides for small lot, single family detached dwelling units, and encourages a grouping of dwelling units to achieve larger open space areas and community recreational uses, and higher densities. General Conditions Additional Allowed Uses: See Compliant Use Matrix—Figure 11. 1. Area Requirements: a) Minimum Lot Size—Every lot within the zoning district shall be at least 6,000 square feet in area. b) Minimum lot width—Every lot within this zoning district shall be at least 50 feet in width, measured at the front building line. Shadow Creek Ranch Planned Unit Development 34 City of Pearland, Texas c) Maximum Coverage—No more than 60% of the total lot area shall be covered by structures. 2. Yard Requirements (Setbacks) a) Front yards shall be at least twenty-five (25) feet for all lots of one hundred (100) feet or more in depth and twenty (20) feet for lots of less than one hundred (100) feet in depth. b) Rear yards shall be at least twenty(20) feet. c) There shall be one side yard of at least five (5) feet, with an aggregate side yard of at least ten(10) feet. Every part of a required side yard shall be open and unobstructed. Accessory buildings must meet all setback requirements. As permitted herein, and the ordinary projections of window sills, belt courses, cornices and other architectural features projecting not to exceed twelve (12) inches into the required side yard, and roof eaves projecting not to exceed forty- eight(48) inches into the required side yard, except that no projections shall be permitted closer than twelve (12) inches to a common property line. 3. Height Restrictions: No building shall exceed thirty-five (35) feet in height. 4. Accessory Buildings: Accessory buildings, including garages, tool sheds, and greenhouses shall be permitted behind the front building line; provided, however, than no structure shall be allowed in any dedicated easement, or setback. Shadow Creek Ranch Planned Unit Development 35 City of Pearland, Texas R-7 SINGLE FAMILY DWELLING DISTRICT—PATIO HOMES AND CLUSTER HOMES Purpose of District The R-7 Dwelling District provides for small lot, single family patio homes, and encourages a grouping of dwelling units to achieve larger open space areas and community recreational uses. General Conditions Additional Allowed Uses: See Compliant Use Matrix—Figure 11. 1. Area Requirements: a) Minimum Lot Size—Every lot within the zoning district shall be at least 5,000 square feet in area. b) Minimum lot width—Every lot within this zoning district shall be at least 50 feet in width, measured at the front building line. c) Maximum Coverage—No more than 60% of the total lot area shall be covered. d) Common recreation areas for Patio Homes and Cluster Homes shall exist as greenways, trails, parks,recreation areas, and other passive and active open space amenities provided throughout the Shadow Creek Ranch Development. Based on the Development's provision of 1577 square feet of open space per unit, no specific requirements shall apply to common recreation areas for this residential district. 2. Yard Requirements (Setbacks) a) Front yards shall be at least twenty-five (25) feet for all lots of one hundred(100) feet or more in depth and twenty (20) feet for lots of less than one hundred (100) feet in depth. b) Rear yards shall be at least twenty(20) feet. Shadow Creek Ranch Planned Unit Development 36 City of Pearland, Texas c) There shall be one side yard of at least five (5) feet, with an aggregate side yard of at least ten(10) feet. Every part of a required side yard shall be open and unobstructed. Accessory buildings must meet all setback requirements. As permitted herein, and the ordinary projections of window sills,belt courses, cornices and other architectural features projecting not to exceed twelve (12) inches into the required side yard, and roof eaves projecting not to exceed forty- eight (48) inches into the required side yard, except that no projections shall be permitted closer than twelve (12) inches to a common property line. 3.Height Restrictions: No building shall exceed thirty-five (35) feet in height. 4. Accessory Buildings: Accessory buildings, including garages, tool sheds, and greenhouses shall be permitted behind the front building line; provided, however, than no structure shall be allowed in any dedicated easement, or setback. R-8 SINGLE FAMILY DWELLING DISTRICT—TOWNHOMES Purpose of District The R-8 Dwelling District provides for maximum density single family dwelling units and appropriate open space. The R-8 dwelling district shall be located to provide a buffer between low-density single family residences and less restrictive residences and business related districts. Shadow Creek Ranch Planned Unit Development 37 City of Pearland, Texas General Conditions Additional Allowed Uses: See Compliant Use Matrix—Figure 11. 1. Area Requirements: a) Minimum Lot Size—Townhouse/Condominiums/Cluster—2,700 sq. ft. b) Minimum Lot Width: Townhouse/Condominiums/Cluster—30 ft. c) Maximum lot coverage of 70% if underground or multi-level parking is provided. e) Common recreation areas for Townhomes shall exist as greenways, trails, parks, recreation areas, and other passive and active open space amenities provided throughout the Shadow Creek Ranch Development. Based on the Development's provision of 1,577 square feet of open space per unit, no specific requirements shall apply to common recreation areas for this residential district. 2. Yard Requirements (Setbacks) Every lot within this district shall have front yards of at least twenty(20) feet and rear yards of at least ten (10) feet. There shall be required building separations a minimum of ten(10) feet. This shall allow for zero lot line on one side. Condominiums are not required to meet setback requirements if they are attached. The common recreation area provisions above are not applicable to Cluster Homes given that they are developed in clusters of four(4) units, on lots with a minimum width of one hundred (100) feet and a minimum depth of two hundred 200) feet. 3.Height Restrictions: No building shall exceed thirty-five (35) feet in height. Shadow Creek Ranch Planned Unit Development 38 City of Pearland, Texas 4. Accessory Buildings: Accessory buildings shall be permitted in the rear yards; provided, however, than no structure shall be allowed in any dedicated easement. 5. Density Density in this district shall not exceed twelve (12) dwelling units per acre. MF MULTI-FAMILY Purpose of District The MF dwelling district is intended to permit high-density multi-family dwelling units. General Conditions Additional Allowed Uses: See Compliant Use Matrix—Figure 11. 1. Area Requirements: a) Minimum site area: Every residential lot within the zoning district shall be at least sixty-five thousand (65,000) square feet in area, and every nonresidential lot shall be at least twenty thousand(20,000) square feet. b) Minimum site width: Every site within this zoning district shall be at least one hundred twenty-five (125) feet in width, measured at the front building line. c) Maximum Site Coverage: 70%, including parking and driveways. d) Building area ration: There shall be at least two thousand seven hundred fifty (2,750) square feet of site area for each multi-family or apartment dwelling unit. e) No more than twenty-five (25%) percent of the total apartment complex shall be efficiencies. Shadow Creek Ranch Planned Unit Development 39 City of Pearland, Texas f) Yard requirements: Every site within this district shall have front and rear yards of at least twenty-five (25) feet. Such site shall have minimum side yards of at least ten (10) feet for one- story buildings and an additional five (5) feet for each story thereafter. Every part of a required yard or court shall be maintained as open space; provided that ordinary projections may extend into a minimum side yard or court not more than twenty-four(24) inches. g) Fences and Screening: Fences and screening shall be provided and maintained as set forth in the Developer's design guidelines. h) Parking as required by the City of Pearland's Land Use and Urban Development Ordinance, Table V. i) Accessory buildings: Accessory buildings, including garages, tool sheds, and greenhouses shall be permitted behind the front building line; provided, however, that no structure shall be allowed in any dedicated easement, or setback. j) Access is required as defined by the City of Pearland's Land Use and Urban Development Ordinance. k) Refuse Containers: All refuse and refuse containers shall be screened from view of adjacent public streets, and meet the Developer's design guidelines. 1) Common Recreational Area: In all areas where Multi-Family Dwelling units are constructed, there shall be at least 600 sq. ft. of common recreational space per dwelling unit. The minimum area of any common recreational space shall be 6,000 sq. ft. Each common recreational area shall be within 300 feet of all dwelling units it is intended to serve measured along a route of pedestrian access. Each required common recreational area shall be appropriately graded, turfed, surfaced or otherwise landscaped and provided with suitable drainage facilities. Shadow Creek Ranch Planned Unit Development 40 City of Pearland, Texas Facilities, such as pedestrian ways and swimming pools, may be included as part of the required recreational space. Off-street parking areas and service drives are not included. 2. Density Maximum density shall not exceed 19.36 dwelling units per acre. Building Site Ratio—2250 square feet per dwelling unit. MF—S MULTI-FAMILY SENIOR Purpose of District The Multi-Family Senior Residential District is intended to permit senior housing and assisted living housing. This district is intended to be used in correspondence with other permissive districts, and is flexible in location and compliance. General Conditions Additional Allowed Uses: See Compliant Use Matrix, Figure 11. Area Requirements, Yard Requirements, Height, Access, and Lot coverage requirements are subject to the same requirements as the City of Pearland's Land Use and Urban Development Ordinance, land use regulations for GB General Business District, Planned Unit Development, Section 13.5,p. 36. Density. Maximum density shall not exceed 40 dwelling units per acre. Refuse containers. All refuse and refuse containers shall be screened from view and are subject to the Developer's design guidelines. Shadow Creek Ranch Planned Unit Development 41 City of Pearland, Texas Land Use—Commercial Commercial land uses encompass neighborhood-oriented services, large scale commercial activities, and office and professional uses. The following district abbreviations NS, OP, GB, and C, are subject to the following land use provisions: NS NEIGHBORHOOD SERVICE DISTRICT Purpose of District The Neighborhood Service commercial district is intended to permit areas for service establishments and retail stores placed for the benefit of adjacent and nearby residential development. All trade in the district must be conducted indoors and in such a manner as to be compatible with adjacent residential districts without changing the character or otherwise disrupting the intended functioning of the latter. General Conditions Additional Allowed Uses: See Compliant Use Matrix, Figurel 1. 1. Area Requirements The Neighborhood Service commercial land use district of the planned unit development is required to meet the area requirements as defined by the City of Pearland's Land Use and Urban Development Ordinance for Planned Unit Developments. 2.Outdoor Activities and Uses No outdoor commercial activities or uses shall be permitted in the neighborhood service district other than mobile refreshment stands, accessory parking and loading and the placement and servicing of refuse containers for permitted uses. Passive recreational uses are also permitted. Shadow Creek Ranch Planned Unit Development 42 City of Pearland, Texas 3. Building Line Every lot within this district shall have front building line of at least twenty-five 25) feet, side building lines of at least fifteen(15) feet; provided, however that side building lines meet the abutting uses listed in the compliant use matrix, Figure 11. 4.Parking and Loading Parking and loading shall be subject to the general requirements of the Land Use and Urban Development Ordinance, City of Pearland, Section 19 and Tables IV, V, VI. 5.Refuse Containers All refuse and refuse containers shall be screened from view of all public streets, and are subject to the Developer's design guidelines. GB GENERAL BUSINESS (RETAIL) Purpose of District The general business district is intended to permit an extensive variety of commercial uses including retail trade, personal and business service establishments, offices and commercial recreational uses of limited scope. These types of commercial uses are conducted wholly within an enclosed building but may incidentally display merchandise wholly under a permanent part of the main business structure, such as a marquee. Intended to create large areas of compatible and mutually supportive activities. General Conditions Additional Allowed Uses: See Compliant Use Matrix, Figurel 1. Shadow Creek Ranch Planned Unit Development 43 City of Pearland, Texas 1. Area Requirements The General Business land use district of the planned unit development is required to meet the area requirements as defined by the City of Pearland's Land Use and Urban Development Ordinance for Planned Unit Developments. Refuse containers. All refuse and refuse containers shall be screened from view and are subject to the Developer's design guidelines. All other requirements of this district follow the provisions provided in the City of Pearland's Land Use and Urban Development Ordinance,p. 35-36 for Planned Unit Developments. OP OFFICE AND PROFESSIONAL DISTRICT Purpose of District The OP office district is intended to permit a wide variety of business, professional and organization office needs of the community together with desirable associated uses. General Conditions Additional Allowed Uses: See Compliant Use Matrix, Figure 11. 1. Area Requirements The Office Professional land use district of the planned unit development is required to meet the area requirements as defined by the City of Pearland's Land Use and Urban Development Ordinance for Planned Unit Developments. Shadow Creek Ranch Planned Unit Development 44 City of Pearland, Texas Refuse containers. All refuse and refuse containers shall be screened from view and are subject to the Developer's design guidelines. All other requirements of this district follow the provisions provided in the City of Pearland's Land Use and Urban Development Ordinance,p. 35-36 for Planned Unit Developments. C COMMERCIAL DISTRICT Purpose of District The commercial district is intended to permit a wide variety of businesses characterized by those uses that require an extensive amount of land for the conduct of business. General Conditions Additional Allowed Uses: See Compliant Use Matrix, Figurel 1. 1. Area Requirements The Commercial land use district of the planned unit development is required to meet the area requirements as defined by the City of Pearland's Land Use and Urban Development Ordinance for Planned Unit Developments. Refuse containers. All refuse and refuse containers shall be screened from view and are subject to the Developer's design guidelines. All other requirements of this district follow the provisions provided in the City of Pearland's Land Use and Urban Development Ordinance,p. 35-36 for Planned Unit Developments. Shadow Creek Ranch Planned Unit Development 45 City of Pearland, Texas Land Use—Industrial Industrial land use is identified as M-1, light industrial uses, including manufacturing, wholesale and service type uses. M-1 LIGHT INDUSTRIAL Purpose of District The light industrial district is intended to permit a wide range of light industrial, manufacturing, wholesale and service type uses. General Conditions Additional Allowed Uses: See Compliant Use Matrix, Figurell. For the purpose of the M-1 land use district area, yard, height, and access requirements are subject to the Planned Unit Development requirements of the City of Pearland's Land Use and Urban Development Ordinance. The following conditions also apply: 1.Parking As required in Section 19 and Tables IV, V, and VI of the City of Pearland's Land Use and Urban Development Ordinance. 2.Special Conditions As required in Section 15.5,p. 39 of the City of Pearland's Land Use and Urban Development Ordinance. Shadow Creek Ranch Planned Unit Development 46 City of Pearland, Texas 3.Performance Standards As required in Section 15.6, p. 39 of the City of Pearland's Land Use and Urban Development Ordinance. Land Use- Institutional/Community Facilities Institutional and Community Facilities shall be subject to the PUD guidelines, the Compliant Use Matrix, Figurell, as well as the Developer's design guidelines. General Conditions Additional Allowed Uses: See Compliant Use Matrix, Figurell. Shadow Creek Ranch Planned Unit Development 47 City of Pearland, Texas V. Shadow Creek Ranch: Regulations In addition to the previous land use regulations, and in order to preserve the aesthetic quality, continuity, theme and character of the development, the Developer shall prepare a comprehensive set of architecture and design guidelines that will become the basis for all construction and development within Shadow Creek Ranch. The comprehensive design guidelines shall cover such standards as perimeter wall design, monumentation, entries, signage program, landscaping, architectural character, and other elements that are important to the aesthetic qualities of the development. The architecture and design guidelines will apply to all structures and infrastructure designed and completed within the boundaries of the Planned Unit Development. Additionally, no building shall be constructed which has not received architectural and design approval by the Master Developer. Oil and gas drilling and production sites are limited to the sites designated on Figure 9. After balancing the goals of this Planned Unit Development, including the safety and welfare of the community, and the reasonable requirements of mineral interest owners, the designated sites have been found to be situated to provide adequate access to such underground minerals through established modern drilling methods. All such drilling is further subject to the terms of the City of Pearland Code of Ordinances, Ch. 21 Oil and Gas, as may be amended. In addition, all regulatory requirements of other State, Local, and Federal agencies having jurisdiction shall be met. Shadow Creek Ranch Planned Unit Development 48 City of Pearland, Texas VI. Glossary The following glossary of terms used in this Planned Unit Development Ordinance are from the City of Pearland's Land Use and Urban Development Ordinance, 1994. The glossary from the Land Use and Urban Development Ordinance are made part of this Planned Unit Development Ordinance by reference and attachment. ABUTTING: Having property or district lines in common, or two objects in immediate contact. ACCESS: Means of approaching or entering a property. Includes a right of passage to and from an adjacent street. ACCESSORY USE: An "accessory use or structure" is one customarily a part thereof, which is clearly incidental and secondary to permitted use and which does not change the character thereof, including, but not limited to garages, living quarters for servants, bathhouses, greenhouses, tool sheds,or swimming pools. All accessory uses shall be limited to a maximum of 30% of the primary use. AGRICULTURAL ANIMAL HUSBANDRY: The breeding,judging, care and/or production of farm animals. AIRPORT: An area reserved or improved for the landing or take-off of aircraft other than rotary wing aircraft. ALLEY: A public way which is used primarily for vehicular services access to the back or side of properties otherwise abutting on a street or highway. ANTIQUE SHOP: A business which sells items whose value is greater than original purchase price because of age or extrinsic value. APARTMENT: See Dwelling - Multi-Family. APARTMENT HOTEL: See Hotel. ART STUDIO OR GALLERY: Where objects of art are created or displayed for the public enrichment or where said objects of art are displayed for sale (including the teaching of both painting and sculpting). BLOCK: A rectangular space bordered or enclosed by a street or streets and occupied by or intended for buildings a minimum length of any side of 300 feet. BOARD OF ADJUSTMENT: The Zoning Board of Adjustment of the City of Pearland. BOARDING HOUSE: A building, built and/or used for residential purposes, where meals are served for compensation to a person or persons not residing in the building. Shadow Creek Ranch Planned Unit Development 49 City of Pearland, Texas BUILDING: A "building" is any structure built for the support, shelter, or enclosure of persons, chattels or movable property of any kind and which is affixed to the land,the word"building" shall include the word "structure". This does not include fence unless they are structurally a part of the building. BUILDING AREA: Area of the building site left to be built upon after the required yard arca has been provided. BUILDING CODE: All regulations adopted under Chapter 7 of the Pearland Code of Ordinances. BUILDING HEIGHT: The vertical distance measured from grade at the front of the building to the highest point of a flat roof, to the deck line of a mansard roof, or to the mean height level between eaves and ridge for a gable, hip, or gambrel roof. BUILDING INSPECTOR: See Enforcing Officer. BUILDING LINE: See setback line. BUILDING OFFICIAL: That individual designated by the City Manager to insure compliance with the Building Code of the City of Pearland, Texas. BUILDING PERMIT: An instrument in writing signed by the Enforcing Officer authorizing described construction on a particular lot. BUILDING SIGN: Means a sign attached against building fronts, awnings or exposed walls, or parallel to the face of the building atop a marquee. CAFE,RESTAURANT OR CAFETERIA: A commercial eating establishment where snacks or meals are vended for consumption primarily on the premises. This definition is intended to exclude establishments with delivery offered to automobiles away from the main building. This definition does not prohibit "take out" windows. CERTIFICATE OF OCCUPANCY: A written instrument executed by the Building Official authorizing a described use of a lot, as set forth in the Building Code. CHURCH: A building used for religious public worship. CITY: The City of Pearland. CITY ENGINEER: The Pearland City Engineer or his authorized representative. CITY MANAGER: That person holding the office of City Manager under the terms of the Pearland Charter, or an authorized representative. Shadow Creek Ranch Planned Unit Development 50 City of Pearland, Texas CITY SECRETARY: That person holding the office of City Secretary under the terms of the Pearland Charter, or an authorized representative. CLINIC: An institution, public or private, or a station for the examination and treatment of out-patients by an individual or group of doctors, dentists, or other licensed members of a human health care profession. COMMERCIAL AMUSEMENT: An amusement enterprise offering entertainment or games of skill to the general public for a fee or charge or wherein any portion of the activity takes place in the open including,but not limited to a golf driving range,archery range,miniature golf course,bowling alley, game room, billiard parlor. COMMERCIAL VEHICLE/TRUCK: Every vehicle designed,maintained or used primarily for the transportation of property with a weight in excess of fifteen hundred (1,500) pounds. COMMON PROPERTY: A parcel or parcels of land, together with the improvements thereon, the use and enjoyment of which are shared by the owners and occupants of the individual building sites in a Planned Unit. COMMON WALL: An approved fire rated wall separating two dwelling units. CONDOMINIUM: Two or more dwelling units on a lot with individual ownership of a unit rather than of a specific parcel of real property, together with common elements. See Article 1301a,Tex. Rev. Civ. Stat. CONVENT: A place of dwelling and/or study for persons under religious vows. CORNER LOT: A lot abutting upon two (2) or more streets at their intersections. COUNTRY CLUB: An area of twenty (20) acres or more containing a golf course and/or a clubhouse and available to a private specific membership, which club may also contain adjunct facilities such as a dining room, swimming pool, tennis courts or other recreational or service facilities. CUL-DE-SAC: A local street having but one inlet/outlet to another street and terminated on the opposite end by a vehicular turnaround. DANCEHALL/NIGHTCLUB: An establishment offering to the general public facilities for dancing and/or entertainment. DAY NURSERY: An establishment where children, separated from their parents or guardian, are housed for care or training during the day or a portion thereof on a regular schedule more often than once a week; does not include a public school, private school, kindergarten or registered family home. Shadow Creek Ranch Planned Unit Development 51 City of Pearland, Texas DENSITY: The measure of the degree to which land is filled with residential dwelling units designed to accommodate a family group. Measurements allow inclusion of internal streets and public ways required to be dedicated in calculating density per acre. Streets dedicated and accepted prior to platting of the property shall not be counted. All density calculations should be made using gross acreage. DEPARTMENT STORE: A store selling a wide variety of goods, which are arranged into departments. DIRECTOR OF PUBLIC WORKS: As defined by City Charter authorizing same position. DISTRICT: A zoning district under this Ordinance. DORMITORY: Any structure specifically designed to house student tenants associated with a university, college or school, public or private. DRAG STRIP: An establishment where a pre-established race course of at least 1/4 mile in length is located. DRIVE-IN/REFRESHMENT STAND: Any place or premises used for sale,dispensing or serving of food and/or beverages to consumers in automobiles or on foot, or at an outdoor patio or table where indoor tables are not provided. DUPLEX: A residential building containing two attached dwelling units designed for occupancy by not more than two families. DUMPSTER: A large, metal refuse receptacle specifically designed to be emptied by heavy machinery and otherwise stationary. DWELLING/DWELLING UNIT: A"dwelling or dwelling unit"is any building or portion thereof which is designed or used exclusively for residential purposes. DWELLING,SINGLE FAMILY: A residential building,other than a mobile home,designed for occupancy by one family or individual. DWELLING, SINGLE-FAMILY DETACHED: A single family dwelling unit. DWELLING,MULTI-FAMILY: A residential building designed for occupancy by three or more families, with the number of families not to exceed the number of dwelling units. EFFICIENCY APARTMENT: An apartment without a bedroom separate from other living quarters. EMERGENCY VEHICLE: Any vehicle meeting the requirements for emergency vehicles under Shadow Creek Ranch Planned Unit Development 52 City of Pearland, Texas State Law or City Ordinance. ENFORCING OFFICER: The designated Enforcing Officer of the City of Pearland or his designated representative. FAMILY: A "family" is an individual or any number of persons related by blood or marriage or not more than four(4) unrelated persons living as a single housekeeping unit. FAST FOOD SERVICE: An establishment which prepares and sells food on the premises primarily for consumption elsewhere. This definition does not include drive-in restaurants as herein defined. FENCE: Any structure or hedge greater than thirty(30) inches in height and of any material, the purpose of which is to provide protection from intrusion (both physical and visual), to prevent escape,mark a boundary, or provide decoration. All walls except for dikes and retaining walls for the purpose of diverting water and retaining soil would be classified as a fence. FLOOD WAY: The portion of a water course that is subject to periodic flooding. FLOOR AREA: The sum total area of all floors as calculated from measurements to outside walls. FREE STANDING SIGN: Means a sign supported solely by posts or structures other than a building. FRONT YARD: A yard between an adjacent street and the entrance side of a principal structure on a lot. GARAGE,REPAIR: An establishment where motor vehicles receive maintenance,repair or where auto body repair takes place. Such shall not include salvaging. GASOLINE SERVICE STATION: An establishment where gasoline is sold and dispensed into motor vehicle tanks. GRADE (Adjacent Ground Elevation): The lowest point of elevation of the finished surface of the ground between the exterior wall of a building and a point five(5) feet distant from said wall, or the lowest point of elevation of the finished surface of the ground between the exterior wall of a building and the property line if it is less than five feet distant from said wall. In case walls are parallel to and within five feet of a public sidewalk, alley or public way, the grade shall be the elevation of the sidewalk, alley or public way. GROSS LEASABLE AREA: The total floor area of a building which is designed for tenant occupancy and use, including basements and mezzanines, and measured to centerlines of joint partitions and to outside of exterior walls, excluding mechanical equipment, storage, restrooms, stairwells, elevator shafts and other common areas. Shadow Creek Ranch Planned Unit Development 53 City of Pearland, Texas GROUND SIGN: A sign which is supported by one(1)monolithic structure which is not less in width than one-half(1/2)the maximum sign height,set upon the ground and is not part of a building, including ground signs that advertise for more than one occupancy on the premises(multi-tenant). HARDWARE STORE: A store in which the primary items offered for sale are ware such as fittings, tools, machinery, utensils and other similar objects. HEAVY MACHINERY SALES: The sale,trade and/or transfer of any motor propelled machinery used for excavation and/or construction purposes. HEIGHT OF BUILDING: The vertical distance from the "Grade" to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitch or hip roof. HELIPORT/HELIPAD: A landing facility for rotary wing aircraft subject to regular use and which may include fueling or servicing facilities for such craft. HOBBY SHOP: See Speciality Shop. HOMEOWNERS ASSOCIATION/PROPERTYOWNERSASSOCIATION:An incorporated, nonprofit organization operating under recorded land agreements through which(a)each lot and/or home owner in a planned unit or other described land area is automatically a member, (b) each lot is automatically subject to charge for a proportionate share of the expenses for the organization's activities, such as maintaining a common property, and (c) the charge, if unpaid, becomes a lien against the property. HOSPITAL, SANITARIUM, NURSING OR CONVALESCENT HOMES: A building or portion thereof, used or designed for the housing or treatment of sick, aged, mentally ill, injured, convalescent or infirm persons, provided that this definition shall not include rooms in any residential dwelling,hotel,or apartment hotel not ordinarily intended to be occupied by said persons. HOTEL: Any building containing six or more guest rooms intended or designed to be used, or which are used,rented or hired out to be occupied, or which are occupied for sleeping purposes by guests, and which are not directly accessed from an outside parking space. INTEGRAL RESIDENTIAL DEVELOPMENT: The combining of various types of residential development to achieve the highest and best use of the property. KENNEL: Any building, lot or premises on or in which dogs or cats(at least eight weeks of age) are kept, or any building, lot, or premises where dogs or cats are housed or accepted for boarding, for which remuneration is received. This term does not include a veterinary clinic. KINDERGARTEN: Any school,private or parochial,whether operated for profit or not,attended by children during any part of a day,which provides a program of instruction for children below the first grade level in which constructive endeavors, object lessons and helpful games are prominent Revised 11-28-94; Ord. No. 509-56 Shadow Creek Ranch Planned Unit Development 54 City of Pearland, Texas features of the curriculum. LABORATORY: An establishment equipped for experimental study in a science or for testing and analysis. LANDSCAPED: Adorned or improved by contouring land and placing thereon live flowers, shrubs, trees, grass or other vegetation. LIGHT INDUSTRIAL(M-1): Major appliance and machinery sales and service,printing plants, engraving shops, plumbing shops, sheet metal fabricating, laundries, electrical contractors, mechanical contractors (includes heating, air conditioning) and carpet cleaners (on premise cleaning). LIGHT MANUFACTURING PROCESS: Light manufacturing process which does not emit detectable dust, odor, smoke, gas or fumes beyond the bounding property lines of the lot or tract upon which the use is located and which does not generate noise or vibration at the boundary of the district which is generally perceptible in frequency or pressure above the ambient level of noise in the adjacent areas. LOT: As used herein, a"lot" is each physical and undivided tract or parcel of land as shown on a duly recorded plat, and the word "lot" shall include the word "plot." In zoning districts requiring a side yard setback between like-zoned lots, 'lot' shall include the combination of two or more adjacent platted lots allowing a building to cross side yard setback lines. A person combining lots in such a manner shall provide an acknowledged declaration of intent for two or more lots to be treated as one lot for building purposes. The Building Official shall file said declaration in the deed records of the county in which the lots are located. LOT COVERAGE: That portion of the lot covered by a building structure. LOT MEASUREMENT: a. Area of the lot shall be the net area of the lot, expressed in square feet or acreage and shall not include portions of any public street or alley. b. Depth of a lot shall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear(the mean horizontal distance between the front and rear lot line). c.Width of a lot shall be considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot,measured across the rear of the required front yard; provided, however, that width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than eighty (80) percent of the required lot width except in the case of lots on the turning circle of cul-de-sacs, where the eighty (80) percent requirement shall not apply. Shadow Creek Ranch Planned Unit Development 55 City of Pearland, Texas MANUFACTURING,PROCESSING and FABRICATION: Activities or facilities including, but not limited to beverage plant, fabrication, metal finishing, foundry, ice plant, machine shop, planing mill,printing plant,publishing and bindery plant,masonry products manufacturing,refinery for nonagricultural products,food products,processing and packaging plant,precision instruments manufacturing, and research laboratory. MARQUEE: A roof-like structure projecting over the entrance to a building. It may also project over a sidewalk adjacent and parallel to the front wall of a building. MARQUEE SIGN: Means a sign with slots or wires for inserting individual letters so that a message about products sold or services provided on the same premises may be changed. A marquess sign may be part of a building, ground or freestanding sign provided it does not exceed seventy five (75%) of the area of the sign. MINI WAREHOUSE: Enclosed space rented to members of the general public for storage of motor vehicles, trailers, boats, bulky household goods, and sundry personal property. MOBILE HOME: A movable or portable dwelling constructed to be towed by a motor vehicle on its own chassis over roads and highways, connected to utilities and designed without a permanent foundation, without regard to whether such is placed on a permanent foundation or not. It may consist of one or more units placed on a permanent foundation or not. It may consist of one or more units that can be telescoped and expanded later for additional capacity, or of two or more units separately towable but designed to be joined into one integral unit. See Article 5221f, Tex. Rev. Civ. Stat. MOBILE HOME SPACE: A division of a "MH" mobile home zoned lot for use by a single mobile home. MONASTERY: See Convent. MOTEL: Any building containing six or more guest rooms intended or designed to be used, or which are used,rented or hired out to be occupied, or which are occupied for sleeping purposes by guests, and which are accessed by and adjacent to an outside parking space. MULTIPLE BUILDING COMPLEX: More than one (1) principal structure on a building lot. NONCONFORMING USE: Any building,structure or land lawfully occupied by a use or lawfully situated at the time of the passage of this ordinance or amendments thereto,which does not conform, after the passage of this ordinance or amendments thereto, with the regulations of this ordinance. OCCUPANCY: Any utilization of property. OFF-PREMISES PORTABLE SIGN: Means an off-premise sign which is a portable sign. Shadow Creek Ranch Planned Unit Development 56 City of Pearland, Texas OFF-PREMISE SIGN: Means a sign displaying advertising copy that pertains to a business, person, orgainzation, activity, event, place, service,or product not principally located or primarily manufactured or sold on the premises on which the sign is located. OPEN SPACE: Area, excluding parking, street, alley, service walk or other service areas, but including any side,rear, or front yard or any unoccupied space on a lot that is unobstructed to the sky, except for the ordinary projections of cornices, eaves, lattice work or trellises. ORCHARD: An area of two (2) acres or more which is used for the growing of farm products, vegetables, fruits, trees and/or grain and including incidental and/or necessary accessory uses for raising, treating and storing products raised on the premises, but not including the commercial feeding of offal and garbage to swine or other animals and not including any type of agricultural animal husbandry as specifically defined. PARKING AREA: An off-street area for the temporary storage of motor vehicles, whether free, for compensation or as an accommodation for clients or customers. PARKING LOT (Commercial Auto): Area, enclosed or unenclosed, sufficient in size to store automobiles,pickups and/or trucks and permitting ingress and egress of vehicles to a street or alley. PARKING LOT (Truck Storage): A place where one or more trucks are parked or stored. PARKWAY AREA: That portion of the public right-of-way laying primarily between the edge of the pavement or curb and the private property line. PATIO HOME: A single family detached dwelling unit placed on the lot so that it sits along the side lot line, so as to provide maximum usable open space for the private use of occupants of each residential unit. PAWN SHOP: An establishment where articles are traded in exchange for money plus a right to redeem such articles within a given amount of time upon repayment of such money with interest. PERMITTED USE: A use specifically allowed in one(1)or more of the various districts without the necessity of obtaining a use permit. This term does not include conditional uses. PERSON: A natural person,his heirs,executors,administrators,or assigns and also includes a firm, partnership, or corporation, its or their successors or assigns, or the agent of any of the aforesaid. PERSON IN CHARGE: Any person who has real or apparent care, custody, and control of real property or buildings located thereon. PERSONAL SERVICE SHOP: An establishment for the purpose of supplying limited personal services, including but not limited to: cleaning and laundry collection station, interior decorating, watch and jewelry repair, art gallery, library, museum, studio for professional artwork, Shadow Creek Ranch Planned Unit Development City of Pearland, Texas photography, dance or fine arts,including teaching of applied and fine arts; this definition does not include massage parlors, barber shops, beauty shops, or hairdressers. PLANNED UNIT DEVELOPMENT (PUD): A land development project comprehensively planned as an entity via a unitary site plan which permits flexibility in building siting, mixtures of housing types and land uses,usable open spaces and the preservation of significant natural features. PLANNING COMMISSION: The Planning and Zoning Commission of the City of Pearland, Texas. PLOT. See Lot. PORTABLE SIGN: Shall mean any sign designed or constructed to be easily moved from one location to another, including, but not limited to, signs mounted upon or designed to be mounted upon a trailer,bench,wheeled carrier,A-frame,or other non-motorized mobile structure;a portable sign which has its wheels removed shall still be considered a portable sign hereunder. For the purpose of this chapter, trailer signs and signs on benches are 'portable signs'. PRINT SHOP: Establishment utilizing off-set, letter press, duplicating equipment, but no rotary presses or linotype equipment. PRIVATE CLUB: An establishment where food and/or drink is offered for sale or consumption to a private specific membership. PROFESSIONAL OFFICE: An office occupied by a doctor, lawyer, dentist, engineer, or any other vocation involving predominately mental or intellectual skills requiring post-secondary education. Specifically excludes any activity involving sales of personalty. Does not include veterinary clinics. QUADRUPLEX: Four single-family dwelling units joined by common sidewalls. REAR YARD: An interior yard extending along the full length of the rear lot line and defined by a line along and parallel to the rear lot line. RECREATION CENTER: An indoor business establishment used for recreation and social activities. RECREATION SPACE/FACILITIES: Any open or enclosed area which is available to inhabitants of an occupancy for passive and/or active recreational pursuits. This term includes,but is not limited to, swimming pools, recreation rooms,ball courts, grass areas,playgrounds and any other area both open to all inhabitants of the occupancy and not required for another purpose, such as walkways, parking areas, and landscaping. REFUSE CONTAINER: Any container, including dumpster, used as temporary storage of Shadow Creek Ranch Planned Unit Development 58 City of Pearland, Texas routinely collected waste. REFUSE DUMP: A place reserved or used for the dumping or accumulation of refuse or discarded matter. REGISTERED FAMILY HOME: A facility that regularly provides care in the caretaker's own residence for not more than seven (7)children under 14 years of age, including the caretaker's own children, and which is properly licensed by the Texas Department of Human Resources as a Registered Family Home, and which is operating in full compliance with prescribed Minimum Standards for Registered Family Homes, as promulgated by said Department." ROOMING and LODGING HOUSE: A group of rooms for lodging provided for compensation either in a converted single family home or in a structure specifically designed for such purpose and where no cooking facilities are provided in individual living units. SALVAGING: Auto wrecking yard,junk yard, salvage products processing and sales, used auto parts. SEAT: One(1) sitting space equal to eighteen (18) inches of bench or pew width if other than an individual chair. SECURITY DWELLING: An accessory dwelling incidential and subordinate to the primary use. The function of a security dwelling would be the protection and security of the primary use served. SERVICE ESTABLISHMENT: Establishments including but not limited to: barber and beauty shops, hairdressers, shoe repair, tailor shops and health studios. SETBACK LINE: A line which marks the setback distance from the property line,and establishes the minimum required front, side or rear yard space of a building plot. SHALL: As used in this Code, is mandatory and not directory. SHOPPING CENTER OR INTEGRATED BUSINESS DEVELOPMENT: A commercial development such as a strip center, mall, multi-tenant office building, commercial center, or industrial complex in which two (2) or more separate businesses occupy a single or multiple structures which share on-site parking and common driveways. SIDE YARD: An interior yard extending along and parallel to the side lot line separating two (2) tracts of land. SIGN (BILLBOARD): A sign which is subject to regulation under the provisions of the Federal Highway Beautification Act. 23 U.S.C.A. Section 131 et seq., as amended. SIGN POLE TYPE (On-Premise): A sign, on the premises owned or controlled by an Shadow Creek Ranch Planned Unit Development 59 City of Pearland, Texas establishment,which sign is supported by a single vertical support anchored or set into the ground. SIGN,REAL ESTATE: A sign whose purpose is to advertise for sale a parcel of real property or an estate in land, including rentals. SITE PLAN: A scaled drawing showing the use of the land, to include locations of buildings, drives,sidewalks,parking areas,drainage facilities and other structures to be constructed in relation to surveyed boundaries. SPECIALTY SHOP: An establishment for the purpose of supplying limited specialty items including but not limited to: antiques,art objects and supplies,ceramic supplies,books,camera and photo supplies, candy, florist, gifts, greeting cards, framing, stamps and coins, stationery, and tobacco. STORAGE AND WAREHOUSES: Commercial storage, crating service, petroleum products storage, truck terminal, warehouse. STREET: The entire width between property lines when any part thereof is open to the use of the public, as a matter of right,for the purpose of vehicular traffic. This definition shall include public as well as private streets. STRUCTURE: Anything constructed,the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground. See Building. STRUCTURE, PRINCIPAL: The principal structure which fulfills the purpose for which the building plot is intended. SUBSTANTIAL IMPROVEMENT: Any repair,reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either(a)before the improvement is started, or(b)if the structure has been damaged and is being restored,before the damage occurred. Substantial improvement is started when the first alteration of any structural part of the building commences. SUPERMARKET: A retail market primarily selling foods and household merchandise,and which may also offer other items and/or services in limited quantities. TEMPORARY SIGN: Any sign constructed of cloth,canvas, light fabric, cardboard,wallboard, plywood, or other light materials with short life expectancies. A portable sign shall not be considered a temporary sign. TENNIS OR SWIM CLUB: A recreational area containing a swimming pool or tennis courts or both with related facilities and/or clubhouse,all of which facilities are available to a private specific membership. Shadow Creek Ranch Planned Unit Development 60 City of Pearland, Texas THEATRE: An establishment charging admission to the general public for the privilege of observing a live, televised, or motion picture performance. TOWNHOUSE: One(1)of a group of no less than three (3) nor more than twelve (12) attached dwelling units,separated by a fire rated wall,each dwelling unit located on a separate lot. No single group shall exceed two hundred and forty(240) feet in length. TRUCK: See Commercial Vehicle. VARIANCE: A legal modification of the district provisions such as yard,lot width and yard depth, signs, setback,off-street parking and loading regulations,height,access and screening granted due to the peculiar conditions existing within a single piece of property. VARIETY STORE: A store selling a large variety of non-food items of low unit value. VETERINARY CLINIC: A place where a veterinarian maintains treatment facilities for diseased or injured animals, including boarding facilities. VISIBILITY TRIANGLE: A triangle sight area, at all intersections, which shall include that portion of public right-of-way and any corner lot within the adjacent curb lines and a diagonal line intersecting such curb lines at points thirty-five (35) feet back from their intersection (such curb lines being extended if necessary to determine the intersection point). Visibility triangle shall also mean a triangle sight area, on each side of a driveway where private driveways open into public streets, which shall include that portion of public right-of-way and any lot within a right triangle with the right angle at the point where the curb break begins and the sides forming the right angle being fifteen (15) feet long, one of which extends back along the adjacent curb and the other back toward the private property or parkway. WHOLESALE DISTRIBUTOR: Alcoholic beverage distributor; wholesale equipment and furniture;wholesale groceries,meats,fish and poultry;wholesale produce;wholesale supply house; wholesale laundry and dry cleaning plant. WRECKING YARD/SALVAGE YARD: A yard or building where motor vehicles,parts of motor vehicles, or machinery are stored, dismantled and/or offered for sale in the open as whole units, as salvaged parts or as scrap or processed metal. YARD: Yards as required in this ordinance are open spaces on the lot or building plot on which a building is situated and which are open and unobstructed to the sky by any structure except as herein provided. In measuring a yard for compliance with this ordinance,the minimum horizontal distance between the lot line (street R.O.W. line) and the main building shall be used. Shadow Creek Ranch Planned Unit Development 61 City of Pearland, Texas