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?
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is•n;' r -
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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
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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
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r
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j Bi
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Cnry Rd 403 ntyCRd 403
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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
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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
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a public amenities & beautification map for
SHADOW CREEK RANCH
prepared for
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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~,
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SHADOWTCRREEK RANCH i
g GOVERNMENTAL AGENCY APPROVALS,
IIIIIII100'RoW.WITH 2-25'PAVEMENT SECTIONS (8•coNC,)MASPLAN
AND DO NOT REQUIRE PLAN
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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
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NOTE: THE PROPOSED T.I.R.Z.IMPROVEMENTS SE DOW CRSS
ARE SUBJECT TO CHANGE PER FINAL PROPOSED WATER LINE
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AGENCY APPROVALS,
AND DO NOT REQUIRE PIAN WATER IMPROVEMENTS MAP
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CITY WATER LINE
A. PROPOSED WATER PLANT
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FIGURE 641
PROPOSED SANTI'ARY SEWER
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FIGURE 7
NOTE: THE PROPOSED WIZ.IMPROVEMENTS PROPOSED STORM SEWER
ARE SUBJECT TO CHANGE PER FINAL
vSHADOWCRSRANCH
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PROPOSED CHANNEL IMPROVEMENTS
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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
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VILLAGE 2 a development phase map for
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VILLAGE 3 SHADOW CREEK RANCH
prepared for
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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
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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
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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 //{{''
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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
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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.
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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.
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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,
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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
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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
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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.
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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.
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