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Ord. 2000M-0008 2006-06-26 ORDINANCE NO. 2000M-8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 2000M, THE ZONING MAP OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY, LOCATION BEING 8.517 ACRES, BEING OUT OF LOT 1, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 300, SECTION 81 OF THE ALLISON-RICHEY GULF COAST HOME COMPANY SUBDIVISION, ACCORDING TO THE PLAT OR MAP RECORDED IN VOLUME 2, PAGE 98, OF THE BRAZORIA COUNTY PLAT RECORDS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF BROADWAY STREET, AND ON THE WEST SIDE OF KIRBY DRIVE), (ZONE CHANGE APPLICATION NO. 2006-19Z) FROM CLASSIFICATION SINGLE FAMILY ESTATE DISTRICT (R-E) TO PLANNED DEVELOPMENT DISTRICT (PD), AT THE REQUEST OF CBL AND ASSOCIATES PROPERTIES, INC., APPLICANT FOR W C PROPERTIES, LTD., OWNER, PROVIDING FOR AN AMENDMENT OF THE ZONING DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. WHEREAS, CBl and Associates Properties, Inc., applicant for W C Properties, Ltd., owner, filed on April 17, 2006, an application for amendment to Ordinance No. 2000M, the Zoning Map of the City, for approval of a change in the zoning district, said property being legally described in the original applications for amendment attached hereto and made a part hereof for all purposes as Exhibit "A"; and WHEREAS, on the 15th day of May, 2006, 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 1.2.2.2 of Ordinance No. 2000T; and WHEREAS, on the 15t day of June, 2006, the Planning and Zoning Commission ORDINANCE NO. 2000M.8 of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by CBL and Associates Properties, Inc., applicant for W C Properties, Ltd., owner, whereby the Commission recommended approval of the change of classification for the described property from its existing classification of Single Family Estate District (R-E) to Planned Development District (PO); and WHEREAS, upon receipt of the report from the Planning and Zoning Commission, the City Council considered this application and the recommendation of the Planning and Zoning Commission at a regular meeting on June 12, 2006; and WHEREAS, the City Council having fully heard the testimony and argument of all interested parties, and having been fully advised in the premises, finds that in the case of the application of CBL and Associates Properties, Inc., applicant for W C Properties, Ltd., owner, presented which, in the judgment of the City Council, would justify the approval of said application; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section I. The following described property located within the corporate City limits of the City of Pearland, Texas, and presently classified as Single Family Estate District (R-E) is hereby zoned to Planned Development District (PO), such property being more particularly described as: 8.517 acres, being out of Lot 1, H.T. & B.R.R. Company Survey, Abstract 300, Section 81 of the Allison-Richey Gulf Coast Home Company Subdivision, according to the plat or map recorded in Volume 2, Page 98, of the Brazoria County Plat Records, City of Pearland, Brazoria County, Texas (Generally Located on the South Side of Broadway Street, and on the West Side of Kirby Drive) Page 2 of 4 Ord No 2000M-8 ORDINANCE NO. 2000M-8 The subject property is subject to the following conditions: 1. The subject property develop in accordance with all requirements listed in the Planned Development (PO) Document, also known as Exhibit "C" attached hereto and incorporated for all purposes. Section II. The City Council of the City of Pearland finds and determines that the recitations in the preamble hereof are true and that all necessary prerequisites of law have been accomplished and that no valid protest of the proposed change has been made. The City Council further finds and determines that there has been compliance with the mandates of law in the posting and presentation of this matter to the Planning and Zoning Commission and to the City Council for consideration and decision. Section III. The City Council of the City of Pearland finds and determines that the amendment adopted herein promotes the health, safety, and general welfare of the public and is a proper valid exercise of the City's police powers. Section IV. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section V. All rights and remedies, which have accrued in the favor of the City under this Ordinance and its amendments thereto, shall be and are preserved for the benefit of the City. Section VI. The City Secretary is hereby directed to cause to be prepared an amendment to the official Zoning District Map of the City, pursuant to the provisions of Section 2.3.2.2 of Ordinance No. 2000-T and consistent with the approval herein granted for the reclassification of the herein above described property. Page 3 of 4 Ord No 2000M-8 ORDINANCE NO. 2000M-8 Section VII. This Ordinance shall become effective after its passage and approval on second and final reading. PASSED, APPROVED, and ADOPTED on First Reading 1 ih day of June, 2006. ~ ld}>viL TOM REID MAYOR ATTEST: PASSED, APPROVED, and ADOPTED on Second and Final Reading this 26th day of June, 2006. --==~ 'f( WJ TOM REID MAYOR ATTEST: APPROVED AS TO FORM: w~ M-- DARRIN M. COKER CITY ATTORNEY Page 4 of 4 Ord No 2000M-8 I)k .'!lW :.' :fro,.,;,,. .... ... "/ ~i,,'.' ". . ~ APPLICATION FOR A CHANGE IN ZONING City of Pearland Community Development 3523 LIberty Drive (Community Center) Pearland,Texas 77581 281-652-1768 261-652-1702 fax www.cityofpearland.com :.PE,A.RLAND -i.l.._' I' .... - -:'. - ........-.... I . .5 r ,,,,'" Please check one: [Xl Change in ZonIng Classification from: ~c to: (list current zoning) o Specific Use Permit Request for: (list propoHd us.) Property. I nformation: Address:sj/,J ~t 1JP ~1fbllJH ! ~ Tax Account No. t>~.. OOZ"-~DO Subdivision: !JLLJ.jIJN ..Rtt"Hlrf ~LU.IJ ~ Lot: ( Block: K ( ** Attach a copy of the metes and bounds description, survey, or legal descrlption** Current use of property (type of structures on property): t/ I!-CfII\l r Future/proposed use of property and reason for zone change: ~mml!il!.Ul1L IIler>>u.. .- ~~m~ I ' PROPERTY OWNER INFORMATION: APPLICANT INFORMATIOA": NAMEvJCJI~r.ll!S, Lm NAME~1, ~11sJoc.. ~,a:n~. TPlk:.. ;,~ ADDRESS Po (). RJor '!iJ1()iJ,U ADDRESS toJJo 1Ia., InIi Ii. &.t1~. S~54"a ~~ CfTyJJ,u,srtJAI STATE~ZIP 77d.'!J1 CITYt!J.mrrllAllUII STATETN ZIP 3~ PHONE( 231 ) 33$" ~ illCf , PHONE( 1Sz.~ ) Wo -I~ FAX(;2 8/ ) 333 - 9 J 5'" t:; FAX( 1yQ3 ) tftt/() -81,().1,. E-MAIL ADDRESS r::Jw 5 if'?'/? t 1h11S:/1)N .f'i... E-MAIL ADDRESSJlff;..."~i!JII" ~ ehl,nyun-.s. QIr PETITION: As owner/agent, I hereby petition th~ity of Pearland for approval of the above described request as provided for by the laws of the State of Texas and ordinances of the City of Pearland. I certify to the best of my knowledge that this is a true description of the property upon which I have requested the above checked action. I understand that I am fully r nsible for the correctness of the legal description given. ~ ~ Date: ~-I?- 06 tf-(7 -~ 6' Date: OFFICE USE ONLY: FEES PAID: . --u-~ CJ ;; Q :I: ~ ----r )> Z C Z Q I Z - '~\ -~-- ----- ---- -- ~-- - - -- HARRIS AVE \ -- -t L__J GRIMES AVE -1 LOCATION MAP W+E S o 500 1,000 Feet I I I I I I Zone Change No. 2006-19Z Map Prepared on April 24, 2006 AFFIDAVIT OF PUBLICATION The Pearl and Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Lloyd Morrow, hereby certify that the notice hereby appended was published in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris and Galveston Counties, for / issues, as follows: No. J Date 1., 2.1 20 O~ No. Date 20 No. Date 20 No. Date 20 No. Date 20 ~ Subscribe and sworn to before me this :<1 day of ~ 20()~ ~ Laura Ann Emmons, Publisher -- Notary Public, State of Texas VL., ,) r ., - .'~ I c:; '2 ",(v-v,,", v , Published April 26, 2006, May 3, 2006 NOTICE OF A JOINT PUB. LIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEAR LAND. TEXAS ZONE CHANGE NO. 2006- 019Z Notice is hereby given that on May 15, 2006, at 6:30 p.m., the City Council and Planning and Zoning Commission of the City of Peartand, in Brazoria, Harris and Fort Bend Counties, Texas, will conduct a joint public hearing in the Council Chambers of City Hall, located at 3519 Liberty Drive, Peartand, Texas, on the request of CBL and Associates Properties, Inc., applicant for W C Properties, Ltd., owner, for an amendment to Ordinance No. 2000M, the Zoning Map of the City of Peartand, for approval of a change in zoning district from classification Single Family Estate District (R-E) to Planned Development District (PD), on the follow- ing described property, to wit: 8.517 acres, being out of Lot 1, H.T. & B.R.R. Company Survey, Abstract 300, Section 81 of the Allison- Richey Gulf Coast Home Company Subdivision, according to the plat or map recorded in Volume 2, Page 98, of the Brazoria County Plat Records, City of Peartand, Brazoria County, Texas (Generally Located on the South Side of Broadway Street, and on the West Side of Kirby Drive) At said hearing all interested parties shall have the right and opportunity to appear and be heard on the subject. IsJ Theresa Grahmann Senior Planner AFFIDAVIT OF PUBLICATION The Pearl and Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Lloyd Morrow, hereby certify that the notice hereby appended was published in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris and Galveston Counties, for I issues, as follows: No. / Date $3 20~ . No. Date 20 No. Date 20 No. Date 20 No. Date 20 ~~ CFO ~ daYOf~ I:~~ Laura Ann Emmons, Publisher Subscribe and sworn to before me this 20~ Notary Public, State of Texas Z '-'-Ii .L C h C:Ul':J <'- 2 G()(O' ) Cj 7:l Published April 25, 2006, May 3,2006 NOTICE OF A JOINT PUB- LIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND. TEXAS ZONE CHANGE NO. 2006- 019Z Peartand, for approval of a change in zoning district from classification Single Family Estate District (R-E) to Planned Development District (PO), on the follow- ing described property, to wit: Notice is hereby given that on May 15, 2006, at 6:30 p.m., the City Council and Planning and Zoning Commission of the City of Peartand, in Brazoria, Harris and Fort Bend Counties, Texas, will conduct a joint public hearing in the Council Chambers of City Hall, located at 3519 Liberty Drive, Peartand, Texas, on the request of CBl and Associates Properties, Inc., applicant for W C Properties, Ltd., owner, for an amendment to Ordinance No. 2000M, the Zoning Map of the City of 8.517 acres, being out of lot 1, H.T. & B.R.R. Company Survey, Abstract 300, Section 81 of the Allison- Richey Gulf Coast Home Company Subdivision, according to the plat or map recorded in Volume 2, Page 98, of the Brazoria County Plat Records, City of Peartand, Brazoria County, Texas (Generally located on the South Side of Broadway Street, and on the West Side of Kirby Drive) At said hearing all interested parties shall have the right and opportunity to appear and be heard on the subject. Is! Theresa Grahmann Senior Planner Planning & Zoning Commission Recommendation Letter June 1, 2006 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on Zone Change Application No. 19Z, a request by CBL and Associates Properties, Inc., applicant for W C Properties, Ltd., owner, for an amendment to Ordinance No. 2000M, the Zoning Map of the City of Pearland, for approval of a change in zoning district from classification Single Family Estate District (R-E) to Planned Development District (PD) Honorable Mayor and City Council Members: At their regular meeting of May 15, 2006, the Planning and Zoning Commission considered the request for a change in zoning district from classification Single Family Estate District (R-E) to Planned Development District (PD), on the following property: Legal Description: 8.517 acres, being out of Lot 1, H.T. & B.R.R. Company Survey, Abstract 300, Section 81 of the Allison-Richey Gulf Coast Home Company Subdivision, according to the plat or map recorded in Volume 2, Page 98, of the Brazoria County Plat Records, City of Pearland, Brazoria County, Texas General Location: Generally Located on the South Side of Broadway Street, and on the West Side of Kirby Drive Commission Member West made a motion to recommend approval of the zone change request, which was seconded by Commission Member Sherrouse. The motion to approve passed 5 - O. The zone change was recommended for approval by the Planning and Zoning Commission. 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J��s`• Y -. .. *. .� 9+ ;•!� r •'s,`r ,+oNs � d tC't.j r.f t- �> �- ' G ...`'4" ,t r .. 1 ,r•?- { .. 4io-.;,i x f' - q1 PUD Addendum m June 1 , 2006 CElVEo COUNTY ROAD NO. 92 • SCALE 1" = 500' E 4 PEYTON MARTIN si .+ •4 v t . .. .: 'r., ANDREW PHUC NO do HAI KIM PHAM y iw +14 CITY OF PEARLAND t f\ ... WILLIAM C. WALSH W. C. PROPERTIES r. • • . . . : .. . . ..... .. ., . .. . . . . , . ... . .. . .. . . . , / ,. . . .. . . . . . , . . , . . .. ,. .. . . . . . , . . „ , . . . . .. . . .. . . , . .,,.,. . _ , . _ . . . . . ,. .„ . . .. .. . . ., . . �e . . .,.,U I OWNERSEIP E CartergBulgess abt 6h, t►, au, PEARLAND TOWN CENTER 41161 PUD (PD District) Ordinance 1 Pearland, Texas October 3,2005 Revised December 20,2005 Revised January 8,2006 Revised January 17,2006 Revised January 26,2006 ebh Revised February 15,2006 Revised March 02,2006 Revised April 17,2006-Addendum !,, Revised May 18,2006-Addendum 11.1" SECTION I: PEARLAND TOWN CENTER—PUD (PD DISTRICT) AIN O Article I. Location: The subject property is approximately //MI acres located in the southwest quadrant of otbk the SH 288 — CR92 (Broadway) interchange, bordered by proposed Business Center "', Drive extension to the east and extending west of proposed Kirby Road. A legal O•, description of the proposed PUD boundary is attached and marked as Exhibit "A." Article II. Purpose: * The goal of this PUD (PD-District) is to create a distinctive, pleasing and coordinated mixed use commercial, retail and residential development to serve the needs of Pearland's residents, to enhance Pearland's competitive position in the region and to satisfy regional demand for high quality retail and entertainment opportunities. Further, it is the intention ' of this PUD (PD District) to encourage flexible and creative planning to meet the current and future needs of the community which will result in a higher quality development than ,�. would result from the use of conventional zoning districts. Article III. General Description Of Proposed Development: ION 411 CBL & Associates Properties, Inc. (Developer) proposes the development of a state-of- the-art, Town Center Style development consisting of traditional department stores, retail shops, restaurants, multi-family residential, entertainment and institutional uses. This PD Iftt District authorizes the development of commercial office, multifamily housing, g hospitality and civic land uses with appropriate pedestrian amenities integrated A., throughout the development. It is anticipated that individual tracts or parcels will be sold or leased as development progress (i.e.; for department stores and other free standing uses.) There shall be no limit on the number of tracts or parcels that may be created within this PUD provided that lots meet the requirements of this PUD Ordinance and the r4aN requirements of Chapter 3 of the Pearland Unified Development Code (UDC). The project tom` rat fib% will be constructed in phases, with development being increased as market forces dictate. r,.,, It is the developers intention to open the project in the Spring of 2008. Article IV. Nature Of The PUD (PD) District: 1) The Pearland Town Center PUD (PD District) shall be a Town Center overlay district. All development within the Pearland Town Center PUD (PD District) shall conform to the development standards of the Pearland UDC except as modified herein. Ca' ,®,, Article V. Definitions: As used in this PUD (PD) Ordinance certain terms are defined as follows. Where these ('" definitions conflict with definitions stated elsewhere in the City of Pearland ordinances, these PUD definitions shall prevail. Terms used in this document that are not defined in the following section shall have the same meaning as specified in the City of Pearland Unified Development Code. (16' 1) Building Height: The term Building Height shall mean the vertical distance from the grade level at the main entrance to the top of the roof steel that comprises the majority of the perimeter of the building for a flat roof; to the deck line of a mansard roof; and to the mean height between eaves and ridges for gable, hip and gambrel (sk roofs. (7' 2) Circulation Drives: Circulation drives shall mean all driveways, streets, roads, alleys, ring roads located solely within this PUD district boundary, and the drives designated on the design plan as Town Center Drive, East Main Street and West Main Street,. Circulation Drives shall not be considered public or private streets. •' 3) Composite Parking Ratio: The term "Composite Parking Ratio" shall mean improved ground level and multi-level parking spaces, if any, collectively on all failk Parcels comprising the PUD sufficient to provide parking for the aggregate Gross Leasable Area (GLA) or Floor Area of all improvements constructed within the PUD, ( h" at the rates specified in Article X of this Ordinance 4) Department Store(s): The term Department Store shall mean any single tenant, retail building that contains more than 80,000 square feet of Gross Leasable Area. falk 5) Design Plan: The term "Design Plan" shall mean the Plan designated as Preliminary �• Site Plan attached hereto as Exhibit "B" and made part hereof. (w, PEARLAND TOWN CENTER PUD(PD District)Ordinance October 3,2005 Rev.March 02, 2006 Page 2 tow 6) Floor Area: The term "Floor Area" shall mean the total number of square feet of floor area on all levels, including subterranean building areas. 7) Gross Leasable Area: (GLA): The term "Gross Leasable Area" shall mean the eibN number of square feet of floor area on all levels, including, outside selling areas enclosed within semi-permanent structures and basements or other subterranean areas, and shall be measured to the exterior surface of exterior walls and to the center of any common walls, but excluding (i) any enclosed connectors and other malls (ab' (except for any area thereof occupied by permitted kiosks - or wall boutiques) c11h whether covered or uncovered or open or enclosed, (ii) penthouses and other floor area occupied by mechanical, telephone, computer or other operating equipment, (iii) patios or outside eating and selling areas that are not heated or air-conditioned, (iv) upper levels of multi-deck stock area, (v) portions of truck or loading docks and trash compacting and bailing rooms that are not heated or air-conditioned, and (vi) with !aN respect to the "Town Center retail shops in Sub Area A," mezzanines, storage areas Cart, not located within tenant spaces, the floor area of any common auditorium, public lavatories, Developer's or Mall Management office, maintenance facilities, elevator corridors, and service and fire corridors. 8) Masonry: The term masonry is defined as Brick, stone brick veneer, custom treated tilt fit, wall, decorative or textured concrete block, split face block and stucco. EIFS (exterior l insulation and finish systems) shall be included within this definition only for the purposes of masonry trim. 11"' 9) Net Land Area / Net Acreage: The measure of land area exclusive of easements, thoroughfare and street rights-of-way, retention/detention areas, public streets tik dedicated and accepted prior to platting of the property and proposed Kirby Road, 'a' Business Center Drive and any future Right-of Way dedication shown on the final ta" plat. 10)PUD: The term PUD shall have the same meaning as PD District as used in the City of Pearland'EJnified Development Code (UDC). P', rab 11)Sub-Area: The term Sub Area(s) shall mean the areas designated on exhibit B-2 which collectively make up the Pearland Town Center PUD. The Sub Area boundaries may be adjusted within the PUD District as authorized by Article VII par ` 4 (a) of this document. 12)Thoroughfare and Collector Streets: The terms Thoroughfare and Collector streets •.., shall mean the Public Streets designated as Broadway Avenue, Kirby Road and 40,1 Business Center Drive. PEARLAND TOWN CENTER PUD(PD District)Ordinance r October 3,2005 Rev.March 02, 2006 Page 3 411/11 lb, 13)Town Center: The term "Town Center" shall mean Sub-Area "A" as shown on .,,,, Exhibit "B-2", which contains the Department Stores, main street shops, restaurants and multi-family housing, together with all buildings and other improvements 41%' constructed at any time thereon, which Town Center together with other Sub-Areas '.+ within the PUD shall be known as Pearland Town Center or such other name 41111 designated by the Developer. 14)Town-House or Town-Home: One of a group of no less than three (3) dwelling laN units, attached to another dwelling unit only on the horizontal plane. Each unit shall extend from the foundation to the roof. All Town-Homes or Town-Houses w contemplated by the PUD shall meet the UDC requirements for Town- Home .1 development. eft' 15)Unified Development Code (UDC): The term UDC shall mean the Unified 6.1 Development Code (UDC), in place at the time of this PUD Approval. The Developer 00, shall comply with all building. mechanical and life safety codes in effect at the time building permits are requested. 41'1 Article VI. Sub-Area Descriptions: 1) The development PUD has been divided into sub-areas based on surrounding land use, existing and proposed circulation patterns, and the relationship to the overall development. The sub-areas are identified below and are graphically depicted on the attached sub-area plan, Exhibit "B-2." 2) With the exception of Sub Area "E" vate -am the sub areas and parcels created within the Pearland Town Center PUD shall be considered collectively (as opposed to individually,) for the purpose of meeting the development standards. a) Sub-Area "A" —Town Center District The Town Center is intended to function as an active, pedestrian-oriented urban street. It is the primary area of development and shall be the major retail component of the PUD. The limits of sub-area "A" shall be defined as �+ the outside edge of the outer private circulation drive as shown on the sub area plan. b) Sub-Area "B" (B-1 &B-2 Broadway- Northern District) Sub-area "B" will lie directly north of the Town Center District, adjacent to �+ Broadway Avenue, and will serve as the gateway to the development. This ,., sub-area is the front door to the development and will establish the developments overall character. Due to the proximity of this sub-area to the Town Center entrance and the area's importance as the project "gateway," the l", PEARLAND TOWN CENTER PUD(PD District)Ordinance (jib' October 3,2005 Rev.March 02, 2006 Page 4 46, Developer intends to maintain a high level of architectural unity and continuity in this zone. c) Sub-Area "C" (Event Center District) "+ Sub-area "C" is located directly south of the Town Center District, adjacent to the Storm Water Management Area. This sub-area will be accessible from 06 Kirby Road on the west and the extension of Business Center Drive on the east via an east—west circulation drive along the southern boundary of the Event Center District. The purpose of this District is to accommodate a large multi-purpose event and performing arts center or privately owned large format retail, theater, or other entertainment uses. This district will be directly linked to the town center district through a series of pedestrian and vehicular connections, creating a true multi-use destination for the region. 1 d) Sub-Area "D" ("D-1 and D-2" Southern District) •• Sub-areas "D1 and D2" are located in the southeast and southwest corner of , the PUD respectively. Development will be complementary to the overall architectural scheme and will be of equal quality; however, development in this sub area will have greater opportunity for the establishment of individual tenant identity through use of nationally recognized building prototypes, provided materials and colors are in harmony with project materials. e) Sub-Area "E" (Western District) '�' Sub-area "E" is located west of Kirby Road. Due to this sub area's location on the west side of Kirby Road, the development of this area will be required �►, to meet parking, open space and landscape requirements of this PUD on a stand alone basis. A development plan for this area shall be submitted by developer of Sub Area E and reviewed by the Planning Director for compliance with the specific requirements of this PUD prior to any building 4/16 permit being issued for work in this sub-area. f) Sub-Area "F" (Storm Water Management Area) 4111 Sub-area "F" is located along the southern property boundary. This sub-area 4111b, '1b will be developed as an amenity in accordance with the landscape requirements outlined elsewhere in this text. 11 adiM °°Gr(lVevr't4111 £n�rt f,`tgrr771, S5'06)—ofwa ll `Vr ils) Lk tote BRISi Co!f (iSll&1kc' / 'reasd ctiuke ffinoraA1(lc keit!1ci!hvr'(r'j (011,4 lJbe Poo Lf(ox.al11m tlloCS' dAnollmetua (i�` Adz mlot�Yrr MN (iXr' rr7t;1l6G`CT�r'f ilc,' ut/W5 `r.+ gerLI.geo (loom rova`te amcd liaghCLrrgpXr' (�4�,'�](robte+YX'GLrfg [oh` c L!U ("aci) o'i,p (ni ,,^ 44-6-zobeCrX o (b usity, do`C (nr`A CrgUI g PP QcS Rant i r[/ll (vX' ofokholl icet4 Iy),t, olio & X of Slaik at Co gag utegozrad fin' gall?' f k cec%rtm Autc-t vam err PEARLAND TOWN CENTER PUD(PD District)Ordinance (°, October 3,2005 Rev.March 02, 2006 Page 5 tab, fib± 141 raS (411 01114 riVAtliSi.euffeV 'a Rik umeffeawitsy 9760 MB D bbr LW new tillar, ^s 9wu !k)d 3&am te dor ro AIM HigNEOM e+1 SECTION II:DEVELOPMENT STANDARDS i+, Article VII. Development: 1) General a) The development within the Pearland Town Center District shall conform to all provisions of the City of Pearland Unified Development Code, except as addressed herein. It is the intention of these Development Standards to address development density, land use, building and parking c•^ setbacks, open space, parking and landscape requirements and architectural façade treatments for the entire district on a stand alone basis and as such, shall establish the sole minimum requirements for tas compliance. The following Development Standards will apply to all sub-areas, regardless of land use and shall replace the Development Standards of any and all applicable underlying zoning or overlay districts specified in the Pearland UDC. In the event of a conflict between the standards in this PUD and the UDC regulations of any underlying zoning or overlay district, the standards described herein will prevail. Residential ''" development, including town homes, within this PUD district shall conform to the standards set forth in this PUD ordinance, notwithstanding ,a, any provisions of any underlying zoning or overlay district contained in the Pearland UDC. (!lb' 2) Conformity to the Design Plan:rak a) The degree of conformity required between the Design Plan and subsequent development applications shall be limited to conformance with the Density, Parking, Setback and Landscape and open space (411' requirements of this PUD (PD) Ordinance as outlined in Section II Articles VII through XVII. b) The Design Plan shall be reviewed by the Planning Director for compliance with the specific requirements of this PUD. Only design plan modifications that do not conform to these general PUD development rek standards shall require an amendment to the PUD. The Developers compliance with the written text shall constitute "Conformance with the Design Plan." PEARLAND TOWN CENTER PUD(PD District)Ordinance (i' October 3,2005 Rev.March 02, 2006 Page 6 3) Minor Deviation from the approved Design Plan: a) Deviations from the design plan that may be approved by the Planning Director are limited to the following: • Corrections in spelling, distances, and other labeling that does not 411b, effect the overall development concept. • Changes in building or land use positions, layout, size or configuration, provided that the overall site density, parking, landscape and open space requirements of this PUD (PD District) ordinance are satisfied. • Changes in the proposed property lines, or sub area limits as long ,.� as the overall project acreage is not exceeded and provided that the requirements of UDC Chapter 3 Subdivisions are followed. • Changes in parking, circulation drives and site layouts provided 'R that the number of parking spaces required by this PUD ordinance and the general relationship of parking lots to buildings are ,., maintained. • Developer shall include a major north-south and major east west circulation drive similar to the drives designated as Town center 411 drive and main street as illustrated on the design plan. INN ak, 4) Sub Area Boundaries. 46' a) The Sub Areas boundaries designated on exhibit B-2, which collectively make up the Pearland Town Center PUD, may be adjusted in the final development site plan provided that the area of any individual Sub Area is AB% not increased by more than 10 percent (10%) of the total Sub Area Acreage indicated on Exhibit B-2. No sub area shall expand beyond the limits of the PUD District. 486, As, 5) Authorized Uses. 'ek, a) The uses permitted within this PUD will be department and retail stores r* and shops, multi-family residential and town homes, offices, banks, restaurants, theaters and multi-purpose event centers, hotels and motels, and accessory uses customarily incident to the above and traditionally 'ak found in contemporary regional shopping centers and Town Center developments. ,41*, b) Specifically, all land uses designated as Permitted land uses within the "GB, GC, NS, OP and MF zoning districts" as outlined in Section 2.5.2.1 ( " PEARLAND TOWN CENTER PUD(PD District)Ordinance (°lb' October 3,2005 Rev.March 02, 2006 Page 7 l I.►, of the Pearland Unified Development Code shall be considered "permitted uses" in this PUD; however, all such Permitted land uses are subject to any limitations contained herein. Any land use that is designated as a Conditional Use shall require a Conditional Use Permit (CUP) in •+ accordance with the requirements of the UDC. 11.1 6) Excluded Uses: • Industrial and Manufacturing uses and sexually oriented businesses • Cannery Wholesale • • Cattle Feedlot and other agricultural uses (except farm markets) • Chemical Packing or Blending • Railroad Depots n••, • Heavy Machinery Sales and Storage • Major Auto Repair • Parts Fabrication or manufacturing • Auto Assemble • Auto Wrecker Service as Primary Use • Bus and Truck Storage • Motor Freight Terminals • Refuse Transfer Stations • Self-Storage facilities 4111 • Drive-In and Drive-Through Restaurants within Sub Area A • Outdoor storage,except as may be permitted by the UDC • Boarding Homes 4111) • Drag Strip/Race Track •, • Auto Paint Shop • Muffler Shop • Assisted Living •, 41Ik P'\ PEARLAND TOWN CENTER PUD(PD District)Ordinance October 3,2005 Rev.March 02, 2006 Page 8 61.1 Article VIII. Development Density Regulations: Not withstanding the provisions of the Unified Development Code, or the requirements of (1"'1 any underlying zoning or overlay district use regulations, the following are the Maximum ,•, Allowable Residential Densities permitted for this PUD: 1) Entire PUD a) Residential Density—Established by Sub-area b) No more than 300 residential units collectively within Sub Areas A, C, D �►, c) Impervious coverage shall not exceed eighty five percent (85%) of the Net land area. All pervious area shall be landscaped. d) Impervious coverage shall be based on the Net Area of development without regard to parcel ownership or sub area. Pervious areas within sub area F - Storm Water Management Area excluding the surface area of the ,w, lake measured at the required storage level, and all other pervious open space shall be included for the purpose of this calculation. rfilk e) Non residential development Density shall be permitted within this Town Center PUD in accordance with the City of Pearland zoning codes in Nib effect at the time this document is adopted. The Developer shall comply with all building. mechanical and life safety codes in effect at the time building permits are requested. 2) Sub Area A a) Up to 300 residential units, subject to the limits established in Paragraph 1 b above. 3) Sub Area B (B-1 and B-2) a) No residential permitted 11110, ,.,, 4) Sub Area C a) Up to 300 residential units, subject to the limits established in Paragraph 1 b above. 41, 5) Sub Area D (D-1 and D-2) a) Up to 300 residential units, subject to the limits established in Paragraph 1 b above. •+ 6) Sub Area E a) Town homes - No more than 9.4 units / net acre devoted to town homes (all other multi family uses are prohibited in sub area E) Town Homes /111 PEARLAND TOWN CENTER PUD(PD District)Ordinance ,0106, October 3,2005 Rev.March 02, 2006 Page 9 ram+ 4111 1111 4.1 Developed in sub area E shall meet the Screening Requirements of the UDC. )) ,S9EMM410 !1)MJU) ldc�/ �' to d. 411 4111 LAND USE AREA TABLE SUB AREA ACRES PROPOSED LAND USE DENSITY LIMITS ets A 78.2 Mixed-any Authorized use No more than 300 See Section VII par. 5 Residential units subject to Par. 1 b above Other uses as permitted by UDC �+ B 17.3 Mixed-any Authorized use No residential permitted See Section VII par 5 Other uses as permitted except residential. by UDC C 17.8 Mixed-any Authorized use. Maximum 6000 seats in '' See Section VII par 5 event center, Up to 300 40, Residential units subject to Par. 1 b above Other uses as permitted by UDC D 13.1 Mixed-any Authorized use. 300 Residential units _,. See Section VII par 5 subject to Par. 1 b above Other uses as permitted by UDC 4.1 "�+ E 18.2 Mixed-any Authorized use. Limited to 9.4 Town • .,t See Section VII par 5 Home units per/ net acre. Other uses as permitted by UDC ' F 20.1 Stormwater Management and 11 Passive recreation only Inkk VINPX6 T 100 RPM 7c dell t tttie l 41/1 PEARLAND TOWN CENTER PUD(PD District)Ordinance 004, October 3,2005 Rev.March 02, 2006 Page 10 '*1 411 ""1 Article IX. Area Regulations: AIN e`' 1) Size of Lots: 11°, a) Minimum Lot Size (All sub areas) — Twenty-two thousand and five hundred (22,500) square feet in area. b) Minimum Lot Frontage (Sub Areas A through D and F)—Thirty Feet (30'.) Flag lots are permitted provided they have a minimum 30' frontage on a Public or Private street. Minimum lot frontage for Sub Area E ? ii 2* ® !,bird C shall be as required by the UDC. c) Minimum Lot Depth (Sub Areas A through D and F)— No Minimum - required. Minimum lot depth for Sub Area E !Alva&tjCr d (G shall be as required by the UDC. *11 d) Maximum Number of Lots — No limit on the number of lots that may be a ,, created provided they meet the subdivision requirements in Chapter 3 of the UDC and these standards. e) Maximum Project Coverage — Percent of Impervious area: Eighty Five '®' Percent (85%) of the Net Area of the PUD District. With the exception of Sub Areas "E" fad -ow, coverage shall be calculated on a composite 411 basis, without regard to sub-area or parcel boundaries. 4161 2) Size of Yards: (All Sub Areas) *k a) Minimum Front Yard — No minimum yard is required between any lots created within the PUD District. A Twenty-five foot (25') parking and drive setback shall be required adjacent to any PUD district Boundary Ohs (not Sub Area Boundary) that directly abuts residential Development or public street that is OUTSIDE the Boundary of this PUD District as +•, outlined in Paragraph 3) below. b) Minimum Side Yard — No side yard is required between any lots or land 04, uses created within the PUD District. A Twenty-five foot (25') parking and drive setback shall be required adjacent to any PUD district Boundary (not Sub Area Boundary) that directly abuts residential Development or .� public street that is OUTSIDE the Boundary of this PUD District as outlined in Paragraph 3) below. c) Minimum Rear Yard - No rear yard is required between any lots or land uses created within the PUD District, however, a Twenty-five foot (25') parking and drive setback shall be required adjacent to any PUD district a., Boundary (not Sub Area Boundary) that directly abuts residential Development or public street that is OUTSIDE the Boundary of this PUD 411,1 District as outlined in Paragraph 3) below. PEARLAND TOWN CENTER rib` PUD(PD District)Ordinance 4111' October 3,2005 Rev.March 02, 2006 Page 11 a , 001 4.1 411) • 3) Thoroughfare Lot and Setback Standards: a) The minimum front yard building setback adjacent to a specified 0.' thoroughfare or collector street R.O.W. shall be twenty-five feet (25'). "'` b) The minimum setback for all off-street parking, maneuvering and loading �• areas from the right-of-way line of a specified major thoroughfare or ,,.,, collector street R.O.W. shall be twenty-five feet (25'). c) The minimum setback for all screening walls and fences, including residential subdivision fences, from the right-of-way line of a major oft, thoroughfare or collector street R.O.W. shall be ten feet (10'). d) The minimum setback for any outside storage area from the right-of-way 41111 line of a major thoroughfare or collector street shall be one hundred and fifty feet (150'), The setback may be reduced to twenty-five feet (25') if such area is screened to one hundred percent (100%) opacity with a screening wall that matches the primary on-site building material or with • live vegetation. e) The Developer and the City of Pearland acknowledge that there are no recognized floodways, creeks or other drainage ways proposed as linear parks within the Pearland Town Center PUD. `, f) Buildings, parking areas, or other visual obstructions shall not be located ., in any required visibility triangle as defined in the UDC. g) The required setback area as described above shall be landscaped, and shall be included in the calculation of required landscape and open space `k� and pervious area that may be required by the City of Pearland Ordinances or this PUD. �. h) No building or parking setback shall be required from any circulation drive created within the PUD District. There shall not be any setback or 4.61 landscape buffer requirements between properties or lots established `"' within the Pearland Town Center PUD (i.e., between department store lk parcels and/or developer parcels or between any internal lots). 4) Height Restrictions: "'' a) Maximum height for retail buildings shall be 68' as measured pursuant to •►, the Building Height definition specified in this PUD ordinance. Hotels, lak, office buildings, multi family buildings along with accent structures, architectural towers, and feature elements may be up to 75' high. '' 5) Outdoor Activities or Uses: a) The incidental display of merchandise out of doors is permitted within this PUD district. Except as provided below, all display areas out of doors shall be confined to a pedestrian walkway immediately adjacent to the PEARLAND TOWN CENTER oak PUD(PD District)Ordinance October 3,2005 Rev.March 02, 2006 Page 12 01115 ,*ibl building housing the primary use, or within any common pedestrian areas located within Sub Area "A," including the Fountain and Carousel Plaza fobs area designated on the site plan. Such display may be permitted to extend the entire length and width of any sidewalk and plaza areas, provided that 41"., adequate pedestrian access is maintained. Adequate pedestrian access a., shall be an unobstructed thirty-six inch (36") walkway. There shall be no requirement that any display be located wholly under any permanent part of a main business building such as a marquee. In addition sales and display area may be located in any kiosk or pushcart location designated on the final site plan. b) The temporary sale of Christmas trees and products associated with celebration of holidays or national events on any property in the Pearland Town Center district or the temporary sale of goods in relation to special "' events (e.g., Hanukkah, Presidents' Day, Easter, etc.) shall be permitted ""t for a period of forty-five days prior to the day of religious the holiday •", celebration. No permit shall be required provided the sale area is as specified in Paragraph a) above. ralit 6) Common Areas: �, a) All common areas within the Pearland Town Center PUD shall be maintained by the Developer, or as provided in the Private Easement, 41h' Restriction and Operating agreement to be developed for the entire Town do' Center Development. ,,.,, 7) Usable Open Space Standards: See Exhibit B for Landscape area, Open Space and Parkland Calculations which conform to the following standards: a) The following Usable Open Space Standards replace the applicable requirements of any underlying zoning or overlay districts in the UDC as well as the requirements of Section 2.2.2.3 (C) of the UDC. b) Designated Usable Open Space (Open Space Standards): Open space 4.11 requirements shall be calculated based on the number of residential units '""` as follows: For each multi family unit or town home developed within this PUD developer shall provide at least six hundred (600) square feet of usable common open space for each multi family unit and nine hundred (900) square feet for each Town House unit. 419 c) In addition, the following standards shall apply to all Residential Developments. 411 ,,ik • For each Multi family unit or town home developed within sub areas E, each area of common open space shall be within three hundred feet (300') of all dwelling units in sub areas E intended to 1111 PEARLAND TOWN CENTER PUD(PD District)Ordinance October 3,2005 Rev.March 02, 2006 Page 13 f ' Alb 4.1 4., be served by the common open space, measured along a route of pedestrian access. o The minimum area of any common open space shall be six thousand (6,000) square feet. oft, o The minimum dimension of any common area shall be eighty feet (80'). 46' • For each multi-family unit or town house developed within Sub !"'+ areas A, C or D, common open space as specified in paragraph 7) dft, b above shall be provided and shall be located anywhere within • ,^ Sub areas A, B, C, D or F. and may be located within the required parking and building setback areas. Each area of common open space shall be connected to the dwelling units intended to be 40, served by a paved pedestrian multi-purpose trail. 4111 o The minimum area of any common open space shall be six 4.1 thousand (6,000) square feet. o The minimum dimension of any common area shall be `Me twenty five feet (25') and must include the site amenities 4111', described in Article XI Landscaping Site amenities. Open space provided within the landscape buffer areas adjacent 41.1 to any public street shall include a meandering, landscaped ioN pedestrian multi-purpose sidewalk that is accessible to the public. Where a sidewalk is required adjacent to any public thoroughfare, the public sidewalk shall be incorporated into the common open space and maintained by developer. dibk • Each area of required common open space shall be appropriately a, graded, turfed, surfaced or otherwise landscaped and provided with suitable drainage facilities. • Facilities such as pedestrian ways and outside swimming pools 4b may be included as part of the required common open space. • off-street parking areas, service drives, and the storm water storage 4►, portion of detention facilities shall not be included in any calculation of required common open space. • A maximum of twenty-five percent (25%) of the dwelling units 411 within a multiple-family development shall be efficiency units. _ • The landscaped buffers required in this PUD ordinance may be counted toward meeting this common open space requirement. • AN 41/61 PEARLAND TOWN CENTER (41p4 PUD(PD District)Ordinance October 3,2005 Rev.March 02, 2006 Page 14 ik, 8) Parkland Dedication !'' a) Parkland Dedication will be provided in accordance with the Pearland 11.1 Codified ordinance, Chapter 3 of the UDC. Parkland shall be provided as (., calculated and shown on the attached Exhibit B. In the event that Parkland is not provided as shown, the developer of any Residential units in any Sub-Area shall be required to pay a PARKLAND DEDICATION FEE at the rate of$750.00 per unit as provided in Chapter 3 of the UDC. Said fee shall be paid at the time the initial residential occupancy permit fl"", for any residential phase of the development is requested, and shall be based on the total number of residential units proposed in that phase. Fak 4111 4110., 9) Fences & Screening: a) The following Development Standards for Screening and Fencing replace "R the applicable standards specified in the Pearland UDC underlying re% zoning and overlay districts as well as the requirements of Division 4 �, Screening and Fencing. b) Nonresidential and Multiple-Family Screening Required (New Construction) This section shall apply to the following: • Any nonresidential use that is separated by only a public street or has a required side or rear yard contiguous to any residential use or residential zoning district that is located outside of this PUD district. • Any multiple-family use that is separated by only a public street or A"'+ has a required side or rear contiguous to any residential use or 4/16, residential zoning district that is located outside of this PUD district. • No fencing or screening shall be required between any uses, parcels, lots or Sub-Areas that are located within this PUD district. c) The following shall apply when required by the paragraph above: • The nonresidential or multiple-family use shall construct an 411 opaque screening wall a minimum of six feet in height, but not to exceed eight feet in height. The screen shall be located no closer to �.y the street than the property line. Such screening fence shall be maintained in good condition. Any sections of this Code fak, PEARLAND TOWN CENTER PUD(PD District)Ordinance ('� October 3,2005 Rev.March 02, 2006 Page 15 d k concerning sight obstructions of intersections shall be applicable to the screen where it is intersected by a street or throughway. • There shall be a 25-foot wide landscape buffer between ek nonresidential or multiple-family and all single-family uses. The 411 requirement may be reduced to 15 feet if the nonresidential use is �.► a office/professional use. For the purpose of this section, no screening, fencing or landscape buffer shall be required between any Residential use and any Storm water management area that is ek developed as an amenity. See Article XI Landscaping for Amenity requirements within the storm water management area. • Prior to construction of buffers, complete plans showing type of material, depth of beam and structural support shall be submitted to the Building Inspection Division for analysis to determine 411' whether or not: 1111 i. The screen will withstand the pressures of time and nature; and shall be maintained in good condition. ii. The screen adequately accomplishes the purpose for which it was intended. iii. Any Wood screen shall be of a type approved by the 41 t City of Pearland. • The Building Official shall determine if the buffer meets the requirements of this section. Any landscaping required by this PUD ordinance shall be placed on the residential side of any required screening wall. ION • If the screening wall exists previous to the development of the • nonresidential or multiple-family use (as applicable), required landscaping may be placed on the nonresidential or multiple- family (as applicable) side of such wall. 10)Parking Area Screening Along Major and Secondary Thoroughfares. • a) Landscaping shall be required for the screening of parking areas along major thoroughfares or secondary thoroughfares as required by Article XI of this PUD ordinance. b) An alternative form of screening, in lieu of the masonry wall, may be �. approved by Planning Director with the Preliminary Subdivision Plat or Preliminary Development Plat application. Alternatives that may considered include: •• • A living/landscaped screen in conjunction with decorative metal (e.g., wrought iron, aluminum and galvanized steel ) fence sections with masonry columns. PEARLAND TOWN CENTER OWN PUD(PD District)Ordinance October 3,2005 Rev.March 02, 2006 Page 16 AIN •11, �•, • A combination of berms and living/landscaped screening; ", • A combination of berms, decorative masonry walls and living/landscaped screening, either with or without a decorative metal or"WoodCrete" type of fence with masonry columns; or 411 • Some other creative screening alternative may be approved if it 41, meets the spirit and intent of this Section, if it is demonstrated to be long-lasting and generally maintenance-free, and if the Planning Director finds it to be in the public interest to approve MIN the alternative screening device. 411141 c) Time Required for Opacity: Any required screening device shall be, or .,, shall achieve, at least six feet in height and at least ninety percent opacity within one year of initial installation/planting. Any landscaping used to achieve the purpose of required screening shall be in conformance with a) the landscape requirements of this PUD ordinance. 411", d) Installation: The screening/wall/device shall be installed prior to final • acceptance of the subdivision public improvements. All landscape materials, if utilized, shall be installed in accordance with the landscape requirements of this PUD. Failure to properly install all components of a required screening wall or device within the prescribed time frame, shall constitute a violation of the Unified Development Code and this PUD 41,1 Ordinance, and shall authorize the City Engineer to refuse acceptance of the subdivision public improvements. e) Design of Walls: All masonry, wrought iron, steel or aluminum screening 4.9 wall plans and details must be designed and sealed by a licensed A•, professional engineer, and must be approved by the City Engineer. Use of ;,N chain-link, chicken-wire, hog-wire fencing, and any other material similar in appearance and quality is expressly prohibited. The use of wood is 4111 prohibited. f) Height of Screening: The height of required screening devices, including aq spans between columns, shall be a minimum of six feet and shall be no • more than eight feet. Decorative columns, pilasters, stone caps, sculptural elements, and other similar features may exceed the maximum eight-foot 41'1height by up to two feet for a total maximum height of 10 feet for these dik features, provided that such taller elements comprise no more than 10% of eat, the total wall length in elevation view. g) Other Easements: Screening fences, walls and devices shall not be constructed within, but may cross through, any portion of a utility or drainage easement unless specifically authorized by the City or by any other applicable utility provider. eft, PEARLAND TOWN CENTER PUD(PD District)Ordinance October 3,2005 Rev.March 02, 2006 Page 17 la"' 1 11)General Screening. 6" The following requirements shall be in addition to the foregoing landscaping and Obi planting requirements: a) All loading spaces and docks, outside storage areas, refuse containers/areas, mechanical equipment, must be screened from view from private streets or public rights-of-way. The Rear of non-residential 4k) buildings facing public or private streets shall not require screening from view provided they comply with the façade standards specified in Article XII. b) Approved screening techniques include masonry, evergreen vegetative screens, landscape berms, existing vegetation or any combination thereof. In any case in which a fence/wall is constructed to provide screening, landscaping elements shall be incorporated along a majority of the fence/wall. Also, in the case of roof mounted mechanical equipment, parapet roof structures are approved for screening such equipment. c) If a nonresidential use is adjacent to a residential use other than multiple- abi family, such nonresidential use shall be screened in accordance with this e,, section and shall include a vegetative buffer. Stormwater Management areas shall not be considered a non-residential use for the purpose of this • section provided that it is developed as an amenity. Refer to Article XI for amenity requirements. 4111, 4.) Article X. Parking Standards: ' Off street parking and loading for this PUD (PD District) shall be provided in accordance 41 with the following minimum standards: ale 1) Minimum Dimensions: a) Off street parking spaces shall be a minimum of 9' x 18' with a minimum 24' drive aisle. Both angled and parallel parking stalls are permitted. a, b) Accessible Parking shall be provided in accordance with The Americans with Disabilities Act (ADA) and the ADA Accessibility Guidelines. 2) Minimum Number Of Parking Spaces Required +. a) Parking within the PUD shall be provided based on the amount of GLA (or Floor Area if noted below) within the entire PUD and shall be provided at the following rates on an overall or composite basis: 101 PEARLAND TOWN CENTER (" PUD(PD District)Ordinance October 3,2005 Rev.March 02, 2006 Page 18 +A • four and one-half (4.5) parking spaces for each one thousand „IN square feet of GLA retail uses (including restaurants) • two and one-half (2.5) cars for each one thousand (1,000) square feet of all Floor Area devoted to office one (1) parking space for as each four (4) seats in any theater or multi-purpose event or conference center • one (1) parking space for each rental unit in any hotel or motel • two and one half (2.5) parking spaces for each multi-family residential unit 414 b) With the exception of Sub Area E nod alb oi1ow, (U, parking spaces 411, required to satisfy these requirements do not need to be located on the same lot or within the same sub-area as the particular land use. Parking is 40, calculated on a composite basis for the PUD as a whole, without regard to parcel ownership or land use. The entire development will be governed by •` an operating agreement granting cross access and parking easements ,., between the parties. Parking shall be provided within surface parking lots or within parking structures placed anywhere within the PUD District boundary. c) Any land uses located within Sub area E LS (o7 Metia Cl. must meet the parking requirements on a stand alone basis and must be located within Sub Area E riSrEMI d) Accessible Parking shall be provided in accordance with The Americans el+ with Disabilities Act (ADA) and the ADA Accessibility Guidelines. 3) Loading Spaces 40, 1.1 a) The number of required loading spaces shall be based on the total amount of "Gross Leasable Area" (as opposed to Floor Area) as herein defined, but provided at the rate (loading spaces/GLA) of 1 loading space for every 100,000 sf of Department store GLA and 1 Loading space for each multi- 4 , tenant building. Loading spaces shall be a minimum of 12' wide by 35' long. Loading spaces for non retail and restaurant land uses shall not be required, however all receiving areas shall be screened from the public ROW. Loading spaces need not be located on the same lot but must be located within the same sub-area as the main use. 4) Access and Off-Street Parking Standards. 411 411 PEARLAND TOWN CENTER PUD(PD District)Ordinance October 3,2005 Rev.March 02, 2006 Page 19 a) Construction of Access and off-street parking lots shall be in conformance with the City's Engineering Design Criteria Manual (EDCM); however, the minimum requirements for the number and size of parking stalls shall be as indicated above. 411 5) Bicycle Parking. a) Bicycle parking spaces shall be provided at an amount equal to a 1.1 minimum of one half of one percent (1/2 %) of the required vehicular !"11 parking spaces based on the "Composite Parking Ratio" established for 41k, the Town Center PUD. Bicycle Parking shall only be required in Sub Area "A" and shall be based on the required parking necessary to support development within sub Area "A." 41 b) Bicycle parking shall be conveniently distributed throughout Sub Area A. c) Each required bicycle parking space shall include a means to secure individual bicycles. Article XI. Landscaping and Open Space: The following Development Standards for Landscaping and Open Space replace the a.► applicable Required Standards specified in the Pearland UDC underlying zoning districts and/or any Corridor Overlay District, including Chapter 4 - Section 4.2.2.4. 1) Meaning of"Landscape Area" ., a) Landscape area shall mean the area within the boundary of a lot or parcel that is comprised of pervious surface integrated with living plant material, including but not limited to trees, shrubs, flowers, grass, or other living ground cover or native vegetation. The minimum average dimension of any landscape area shall be three feet (3') wide. For the purposes of in, meeting the requirements of this division, future development areas of the site cannot be considered landscaped area, however future development areas will not be included in the Net area calculation used to determine 46' the required amount of landscape open space or impervious area until '""+ such time as the land area is developed. s, b) Internal Landscaped areas shall be bounded by raised or ribbon curbs. 2) Establishment of Minimum Percentages. a) Landscape Area: A minimum of ten percent (10%) of the net developed ,", lot area of property on which development, construction or reconstruction occurs shall be devoted to landscape. Note: Percentages are based on the PEARLAND TOWN CENTER PUD(PD District)Ordinance oak October 3,2005 Rev.March 02, 2006 Page 20 (11 total net PUD area and shall be calculated on a composite basis without regard to lot ownership or sub area designation. (at' 3) Minimum Requirements. a) The minimum landscape requirements shall be employed in accordance with the Tree Preservation and Landscape Design Guidelines (Guidelines) made a part hereof, to improve aesthetic appearance, to enhance the compatibility of different land uses, and to mitigate negative environmental influences on land uses (e.g. heat, noise, air pollution). (16, b) The developer, in conjunction with the City Parks Department, shall mark and count the number of "protected trees" that exist on site and upon approval of the City of Pearland, shall provide mitigation based on the (°' number of protected trees identified in accordance with the Guidelines. ,,,,, 4) Landscape Irrigation: a) All required landscaping areas shall be 100% irrigated by one of, or a combination of, the following methods: • An automatic underground irrigation system; .,, • A drip irrigation system; • A hose attachment within 100 feet of all plant material, provided, however, that a hose attachment within 200 feet of all plant ', material in non-street yards shall be sufficient. 411 • All irrigation systems shall be designed and sealed in accordance •, with the Texas Licensed Irrigators Act and shall be professionally 410 installed. b) No irrigation shall be required for undisturbed natural areas or 11' undisturbed existing trees. ink 5) Street Trees a) Trees in Class I or II of the Guidelines with a minimum Two inch (2") caliper measured twelve inches (12") from the ground shall be provided •+ along thoroughfare and collector street frontage (Broadway, Kirby and Business Center Drive) with the total caliper inches equal to one inch for each fifteen feet (15') of frontage. Each required tree shall be planted in a landscaped area of at least 36 square feet with a minimum dimension of "4 six feet. 6) Screening of Parking Areas. obt PEARLAND TOWN CENTER PUD(PD District)Ordinance October 3,2005 Rev.March 02, 2006 Page 21 '1.1 (11' a) Landscaping shall be required for the screening of parking areas when parking spaces directly abut public right-of-way or property that is outside of the PUD. No parking lot screening shall be required between internal (111 lots which may be created within the PUD or between sub-areas or (a"' circulation drives located within the PUD. b) Front yard parking areas and side yard parking areas fronting on a public (.►, street right of way shall be screened from the right-of-way by a continuous hedge or berm by placing the quantity of plant material required by paragraph f) below. (a` c) The side yard of any lot that contains a parking area abutting a property outside of the boundaries of this PUD district used or zoned for a (®,, nonresidential use shall provide a screen of hedges, berms, or fences so as to provide a screen for a minimum of thirty-five percent (35%) of the length of the parking lot. There shall be no parking lot screening required °di between parcels, lots or land uses that may exist within the PUD. r6b, d) The required screening may be grouped and dispersed randomly. ,ib e) Screening between nonresidential and residential lots outside the boundaries of this PUD district shall be provided in conformance with the Screening and Fencing section of this PUD ordinance. 4 1 1 1 f) The minimum number of shrubs shall be equal to the total caliper inches ofill, of street trees required under paragraph 5) a) above multiplied by five. g) Shrubs and berms shall be maintained at a height of no more than thirty- six inches (36") nor less than eighteen inches (18") as measured from the ' surrounding soil line. h) A nonresidential development that has a shared parking area with an 41111, adjacent nonresidential development shall not be required to screen such shared parking area in relation to the abutting side yard. There shall be no requirement to screen any parking lot from any other lot within the PUD district. The only parking lot screening that shall be required shall be at 41b the boundaries of the PUD district, adjacent to a public thoroughfare. 411/1 i) Each required tree shall be planted in a landscaped area of at least 36 square feet with a minimum dimension of six feet . 7) Interior of Parking Areas. a) Interior landscaping shall be required to be integrated into the overall design of the surface parking area in such a manner that it will assist in defining parking lots, pedestrian paths, driveways, and internal collector lanes, in limiting points of ingress and egress, and in separating parking pavement from street alignments. See Landscaping within parking areas below. b) Tree islands must be protected from vehicle intrusion by curbs or similar 116, structures. ,, PEARLAND TOWN CENTER PUD(PD District)Ordinance October 3,2005 Rev.March 02, 2006 Page 22 glek Alk olk .�, c) Two feet of the tree island may be counted as part of the required depth of the abutting parking space if curbed and the minimum island width is six (6) feet. 8) Large Tracts. 4111 a) On large tracts of land, exceptions to this division may be granted by the Planning Director to require a lesser amount of landscaping if the aesthetic, buffering and environmental intent of this division is met, and it is located along rights-of-way or in strategic environmentally sensitive .,, areas. 1111 9) Landscaping Within Parking Areas. a) With the exception of parking on Town Center Drive and the East / West Main Streets, screened service areas and parking structures, the following minimum criteria shall be met: 41‘ • The total caliper inches shall equal one inch for each five parking 40, spaces. Caliper inches of street and parking lot trees may be A., provided by planting a combination of trees that exceed the minimum two-inch caliper. • All outdoor parking areas (excluding screened service areas and .�' parking structures) having spaces for more than twenty (20) ®+ vehicles shall have landscaping within the perimeter of the parking e., areas so that the total interior parking lot landscaping of the PUD District is equal in area to not less than five percent (5%) of the total paved parking areas within the entire PUD. Landscape within the parking areas shall be counted toward the minimum landscape area specified in paragraph Article XI, Paragraph 2) a) ., above. • giN • No parking space shall be located more than one hundred feet (100') from a portion of the required landscaping. • Each landscape island within a parking lot shall be a minimum of 451 162 square feet as measured from outside face of curb to face of •, curb, and shall allow at least two feet between any trees within the island and the edge of the island. The average width of each island shall be 6' wide. • Parking lot landscaping shall not be required in any parking 061 structure. las • Landscape within parking lots shall not be required within the parking areas on the drives designated Town Center Drive or Main 4.1 dai PEARLAND TOWN CENTER PUD(PD District)Ordinance (11'‘ October 3,2005 Rev.March 02, 2006 Page 23 Streets, however street trees shall be planted in sidewalks adjacent to each drive. 10)Landscaping On-Site and Related Location. ,.., a) The landscaped area required by under this Article XI may be placed anywhere within the PUD without regard to interior lot or sub-area. okl b) Except as required in paragraphs 5, 6 and 9 above, there shall be no aiN requirement that any portion of the landscape area required under this mik section be installed in any specific location, provided that landscape area .., is generally equally distributed throughout the PUD. c) Undeveloped portions of a tract or lot shall not be considered landscaped and shall not be included in the calculation of land area until they are developed. ralk 11)Tree Credits. 41/1 a) Tree credits shall be given pursuant to Chapter 4, Article 2, Division 3 of the UDC. • 12)Adjacent to a Single-Family Use or Zoning District. 411 a) When a nonresidential development is established on a tract of land that is adjacent to a single-family development or to property zoned for single- * family use, there shall be a twenty-five-foot (25') wide landscaped buffer ,., along the property line that is adjacent to such use or district. The landscaped buffer shall remain open and unobstructed (i.e., no parking, driveways, or other use of the buffer area), and shall be planted with � ground cover, such as grass or ivy. This landscaped buffer may be located * within the required yard/setback area. b) Storm water Management Areas shall not be considered a non-residential use for the purpose of this section provided they are developed as an '"'t amenity as described below. 13)Amenity Treatment rag a) Any common open space that is designated an Amenity shall contain a minimum eight foot (8') wide multi purpose nature trail. The trail will be enhanced with naturalistic landscape plantings including canopy shade trees, understory ornamental trees, and accent shrubs and shall be ofIL interconnected to other open space areas with pedestrian walkways. Landscape planting required by other sections of this ordinance shall be PEARLAND TOWN CENTER PUD(PD District)Ordinance (a' October 3,2005 Rev.March 02, 2006 Page 24 (111 Mb, utilized for trail enhancement. Each common open space shall have at least one paved seating area. Seating areas shall contain appropriate site furnishings, including benches and waste receptacles. 41.1 b) In addition to the above, the multi purpose trail within the storm water management area (sub area F) shall contain a minimum of (4) seating areas with benches and trash receptacles and shall contain, on average, a minimum of one (1) flowering and two (2)shade trees for every (100 Lin. "•' ft.) of trail together with (15) accent shrubs. Trees will be staggered on ", each side of the trail and will be clustered to provide a naturalistic arrangement. rah 14)Greenway +•, a) As a condition of this PUD approval, Developer shall construct the ,,, landscape areas adjacent to the surrounding public streets and adjacent to the storm water management area as a public Greenway as illustrated on the site plan and shall incorporate the amenity treatment described in Section 13 above, even if no multi family/residential is developed on site. M., The greenway areas shall be considered part of the required residential open space and parkland if multi-family residential is developed. 1111 411k' Article XII. Building Design Standards. 1) General 416 a) The following Building Design Standards replace the Building Design 4111 Standards specified in the Pearland UDC underlying zoning and overlay districts including the requirements of Chapter 4. 2) Building Articulation: a) Building articulation, which is the expression or outlining of parts of the 1116., building by its architectural design, shall be provided in order to achieve the following: • Create a complementary pattern or rhythm, dividing large 1111 buildings into smaller, identifiable portions. 4111b' • Break up the building mass through offsets and other methods that articulate the horizontal and vertical building planes. • Incorporate details that create shade and cast shadows to provide visual relief. PEARLAND TOWN CENTER 411114 PUD(PD District)Ordinance 4.1 October 3,2005 Rev.March 02, 2006 Page 25 • 0111 41.1 • Vertical reveals and projections to express a rhythmic pattern across the elevation. b) Other architectural details which may include texture, pattern, vertical and horizontal relief and other treatment that will reduce the visual impact of "`+ long blank walls. Foundation landscaping (where appropriate outside of ••, Town Center Streets) designed to complement the building architecture is ,^ encouraged but not required. c) Entrances to buildings shall be emphasized through the use of appropriate AIN accent materials, a variety of wall height and building massing façade offsets and by developing dramatic combinations of architectural forms. Building entries should be highlighted by façade offsets and architectural accents. d) Building articulation shall be provided as specified in the following: � • All nonresidential structures fifty thousand (50,000) square feet in 4+o size or greater, except department stores, shall incorporate architectural variation of at least three feet in depth for every twenty-five feet (25') in façade length. 41111' • All nonresidential structures less than fifty thousand (50,000) 4116' square feet shall incorporate architectural variation of at least one foot in depth for every twenty feet (25') in façade length. 3) Building Design: • 41IN a) Materials - Eighty Five percent (85%) of all buildings walls that are not • transparent, including parking structures, visible from any specified public street, shall be covered with masonry, or any of the following materials: 4111 • natural and synthetic stone "'' • cement board siding, • precast concrete, • cast and cultured stone, • Glass Fiber Reinforced materials such as Concrete and Gypsum • Exterior Insulation and Finishing Systems (EIFS) • Synthetic Stucco 00, �+ b) Corrugated metal and exposed fasteners are prohibited. Architectural metals are prohibited except for miscellaneous trim work or provided that they are approved by the planning director. c) There shall be no requirement that any exterior wall facing any specified major thoroughfare be transparent, provided that the building facade is set back a minimum of ninety feet (90') from the right of way. Any exterior 461 r.n, PEARLAND TOWN CENTER PUD(PD District)Ordinance October 3,2005 Rev.March 02, 2006 Page 26 fa% L. 1, building wall that is closer than 90' to the right-of-way line of any specified major thoroughfare or collector street shall be required to be AIN twenty five percent (25%) transparent. d) All facades of an individual building, multiple buildings in a shopping 461 center, or integrated business development, and all roofing in a shopping center of integrated business development shall have similar architectural design, color, and materials as specified in Paragraph 1) f) above. e) Building colors shall conform to == the City of Pearland's approved color palate or a supplemental = color palette established by developer and • approved by the planning director. 40, 40' 4) Building Form: a) A variety of architectural details, materials and building forms shall be permitted throughout the development. All portions of a structure shall have a unified design treatment, appropriate in scale and harmonious with '' other structures in the development. ,w,, 5) Roof Form/ Type a) Permitted roof forms include, flat, pitched, arched and shed roofs. There 'b' shall be no restriction on the type of roof system incorporated into the design. 6) Retail Arcades and Entrance '"'' a) There shall be no requirement that any pedestrian arcade or canopy 419 structure be constructed adjacent to or in front of any retail structures. ,,,^ Building entries must be easily identified by customers and must be accentuated by an architectural expression or by accent landscape or 411 hardscape treatment. 4.1 7) Screening The following site elements shall be screened from the public view from all specified major thoroughfares. Oak ••, a) Mechanical and Utility Equipment: lak Obi PEARLAND TOWN CENTER PUD(PD District)Ordinance 41k` October 3,2005 Rev.March 02, 2006 Page 27 eaN (a+ • Screening shall consist of a decorative wall or architectural (!ik element of the building that is one hundred percent (100%) opaque. (41 • Roof-mounted equipment shall be screened with materials that are (a"' one hundred percent (100%) opaque. Appropriate screening includes an extension of the wall, such as a parapet wall, on which (lb) the equipment is mounted. b) Vehicle Loading and Unloading Areas Screens shall incorporate shrubbery having year-round foliage and\or �,. a wall or architectural element of the building that is a minimum of six feet in height and shall be, or shall achieve, at least six feet in height and at least seventy-five percent (75%) opacity within one year of initial installation/planting. Plant material used to meet this (111b1 requirement shall be a minimum 4' high at time of planting. (41 • Refuse, Refuse Containers, and Recycling Containers eibt • Screens shall consist of a solid wall or architectural element of the ("obi building that is a minimum six feet in height. • Screening Elements Required: • All screening walls visible from a public street shall be constructed es') of masonry materials that are consistent with the color and design (+., of the primary on-site structure. • Consistent in color and design with the building architecture. • Uniform in style and materials along the entire length of the screen within a single development. rya • Screening Elements Prohibited: No fence or wall visible from a public street shall be: P'^ • Greater than eight feet in height. Ak • Located within any required visibility triangle. rim% • Constructed with any of the following materials: surface painted or coated concrete, chain link, concertina wire, barbed wire, fek corrugated metal, wood panels or fiberglass panels. 411 re, PEARLAND TOWN CENTER PUD(PD District)Ordinance (�', October 3,2005 Rev.March 02, 2006 Page 28 r (� Article XIII. Lighting Standards: 1) General lighting criteria (®' a) A parking lot lighting system using Metal Halide lighting shall be installed to provide a minimum illumination of 1.0 foot candle average between poles on all paved areas during business hours. Higher light levels are permitted at entrances and other significant pedestrian and vehicular areas as determined by developer, consistent with standard industry practice. cw b) All lighting must be arranged or shielded (dark sky fixtures) to avoid excessive glare onto any portion of the Town Center or adjacent properties or city R.O.W. Flood light type fixtures are prohibited, except in service areas, provided light source is not visible by the general public P'+ during business hours. Architectural accent lighting of any type is ,g, permitted throughout the PUD. c) Parking lot areas shall have round tapered poles and concrete bases throughout Town Center with a maximum height forty (40') foot, light standards and fixtures may be varied in design, color and height to esk provide for different lighting for different situations. Bollard, accent and ,!b, pedestrian scale lighting shall be permitted, as well as directional lighting to accent architectural features and amenities. d) Light fixtures shall be selected to complement building architecture. Finishes of any externally exposed fixtures must match the adjacent surface finish. e) Security lighting for all paved areas shall be provided. f) The use of building mounted fixtures to illuminate parking areas is prohibited except for parking within receiving areas. 41 g) Wooden light poles are not permitted. 411 41 2) Vehicular Circulation &Parking Areas: 4111, a) Metal Halide fixtures shall be used with no direct glare onto adjacent 411‘, properties or public streets. The glare from such fixtures shall be shielded from adjacent properties and/or public streets. b) Standards, poles, and fixtures shall be compatible in color and in design lk throughout the site and no taller than 40' tall. Accent and pedestrian "''` lighting may be included with maximum pole height of 16' tall 411 3) Walkway Lighting: elk PEARLAND TOWN CENTER PUD(PD District)Ordinance 41b, October 3,2005 Rev.March 02, 2006 Page 29 411 41 a, a) Walkway lighting comprised of standard, pole, bollard and wall mounted fixtures shall be no greater than sixteen feet (16') above grade. eabi 4) Accent Lighting: a) Up lighting shall be concealed or positioned to screen the light source from adjacent property. b) Floodlighting or spotlighting of architecture, graphics, or natural features 411 shall not create spillage of light onto adjacent property or public streets. Article XIV. Thoroughfare and Collector Sidewalk Standards. 111b' 1) Location: 4111 411b1 a) The required sidewalk along all major thoroughfares and collector streets ,;, may be located within the front yard building and parking setbacks as well as the parkway area from the back of curb to the right-of-way line. Required sidewalks may be incorporated into the required residential open space as a part of a multi purpose pedestrian walkway system. +�►, b) Easement Required: A ten foot (10') wide public use easement shall be provided for the required sidewalk when placed outside of street right-of- way. fa' c) Curved Alignment Required: The required sidewalk shall have a curved alignment for at least fifty percent (50%) of the major thoroughfare street .►, frontage. Sidewalks on intersecting streets or internal walkways shall not have a curved alignment. Obi 2) Construction Criteria: Construction criteria for the required sidewalk: a) Minimum six feet wide. Greenway area multi-purpose walkways shall be eight feet (8')wide. b) Minimum eighty-foot (80') centerline radius, maximum intersection angle "' of twenty degrees, and maximum twenty-foot (20') foot tangent between sidewalk curves. c) Minimum six-foot separation between back of street curb and edge of sidewalk, except at street intersections and bridge approaches. sEh d) Sidewalk approaches, including the wheelchair ramp, to street and elk driveway intersections shall be straight and parallel to the adjacent street for a minimum of ten feet (10'). ', e) Detailed construction plans shall be submitted to the City Engineer for approval prior to construction of the sidewalk. Sidewalk construction shall be designed and constructed and furnished in conjunction with the offsite PEARLAND TOWN CENTER 11161 PUD(PD District)Ordinance 4' October 3,2005 Rev.March 02, 2006 Page 30 4/11 411't roadway improvements being provided under the terms of the Development Agreement between the City of Pearland and Developer. fl Deviations from these criteria may be approved by the City Engineer for good cause such as cases of unusual or unique topography or to preserve '®+ desirable natural features. 41Ib, g) A minimum six-foot wide pedestrian sidewalk shall connect the perimeter sidewalks to the Town Center Drive and east west Main street sidewalk circulation system. This connecting sidewalk shall be accessible, readily visible, and paved. q"+ h) The multi-purpose walkways within the greenway area shall meet the City of Pearland sidewalk construction standards when adjacent to any public street. The multi-purpose trails within the storm management area (Sub Area F) shall be constructed with concrete, asphalt or other hard surface material such as crushed limestone with fines, well compacted gravel, or other hard surface material approved by the City of Pearland. 4111 Article XV. Utilities. 1161 1) All proposed utility lines within the PUD development including water supply, sanitary sewer service, electricity, telephone and gas as well as their connections shall be placed underground, with the exception of the existing overhead electric lines crossing through or adjacent to the PUD or installed along Kirby Road, Broadway or 4.1 Business Center Drive. Meters, transformers, etc. may be placed above ground *hi provided they are located within screened areas or are otherwise screened from view 0.1 to the general public. 2) If required to accommodate utility extensions through the PUD District, a sixteen- foot (16') wide utility easement along the rear lot line or other approved onsite utility corridor shall be provided to accommodate underground utility distribution lines, ink including but not limited to, electric, phone, and cable television. Article XVI. Storm Water Management 1) The proposed storm water management area in sub area F shall be designed to control els storm water run-off from Sub Areas A through D. Water Quality will be controlled ,o, through the use of a wet detention basin(s), and by methods as required by Pearland's engineering design criteria manual in force as of the date of this ordinance. Se.arate, stand alone storm water management facilities will be provided on Sub Areas cmG 41I ® to accommodate runoff from that sub area. All Storm water management plans must be approved by the City Engineer 2) Storm water management will be designed in accordance with generally accepted engineering practice and in accordance with methodology recommended by the drainage district and the City of Pearland. 416, PEARLAND TOWN CENTER Albs PUD(PD District)Ordinance October 3,2005 Rev.March 02, 2006 Page 31 P*, alb, 3) Cross access easements shall be provided between each parcel that is created within this PUD to insure conveyance of storm water to the storm water management area. 41114 411 Article XVII. Signage 1) General Standards &Requirements '"'1 a) Applicability. All signs shall be erected, displayed, altered and reconstructed in conformance with this division. Where the requirements of this division for a particular sign are different than comparable requirements contained in any other law, ordinance or regulation, the 41111 requirements and standards established in this PUD text shall govern. �., 2) Signage has been classified by the following types: a) Town Center identification signs, including Pylon Sign. ••' b) Department Store and Event Center exterior signs. c) Main Street Tenant exterior signs. ek, d) Free Standing Out Parcel Building signs. e) Directional, Informational and Traffic Control signs. 4111 f) Service Door signs. 1"'+ 3) General Criteria 41 a) No exterior sign shall be permitted upon any parcel comprising the Pearland Town Center PUD that: • flashes, blinks, rotates, moves, is animated or emits any sound, provided; however, that any theater, event center or developer information kiosk, reader boards or electronic displays located within Sub-areas "A" or"C" shall not be deemed to be flashing or moving signs for the purpose of this criteria. • is painted on the exterior surface of any building, installed upon the roof of any building. In Sub Area A, exterior wall treatments a.. may include painted wall or advertising signs, provided that such painted signs are designed as an integral part of the architectural theme being developed for the Town Center or Tenant Store. • The architectural character of signs shall complement and be `, coordinated with building designs. • No exterior sign, sign panel or logo incorporated will be permitted to extend above any roof line. ANN PEARLAND TOWN CENTER PUD(PD District)Ordinance 'am` October 3,2005 Rev.March 02, 2006 Page 32 6)1 4) Town Center Identification Signs a) One ground monument Town Center identification sign shall be permitted do, for each of the four (4) driveway entrances to the development. The Ground signs may be mirrored on both sides of each entry driveway to create a gateway entry feature. Each sign shall be limited to 10' height 411 and shall not exceed= 100 square feet per face, per side of entrance. In the event Town Center identification is incorporated into any proposed entry wall or landscape feature only the actual area of sign text and any logo identifying the development shall be measured. 44 b) =One additional :round monument identification sign shall be permitted in dok Sub-Area E (n f gie put a, provided it is coordinated with the design of the :round monument si:ns at the Kirby Road entry drives. Sub 4116) Area E C sings shall meet the size requirements of Paragraph 4 a) above. '1' 5) Department Store and Event Center Exterior Signs 4.1 41111 a) The maximum allowable number of signs per Department Store or Event Center is Four (4). Signs on one elevation must be contained in one area and not exceed 400 s.f. per sign. b) The maximum height of all individual sign letters shall not exceed 72" for capital and lower case letters, with the top of the department store 6,, exterior signs being limited to a height of 40' above the average exterior grade. 41.1 c) As an alternative to the above, one (1) Primary Wall Sign may be permitted with 96" high letters, provided the remaining three permitted a►, wall signs are limited to 60" high letters. d) No exterior sign, sign panel or logo incorporated will be permitted to extend above any roof line. e) Any Event Center may have an electronic changeable message sign = not to exceed 400 SF. See UDC Section 4.2.5.3 par. 7 for requirements. 0111 C•, PEARLAND TOWN CENTER PUD(PD District)Ordinance (1116 October 3,2005 Rev.March 02, 2006 Page 33 • 411 4., 6) Main Street Tenant Exterior Signs a) All tenant stores located within sub-area "A" shall be permitted an ralk exterior building sign for each separate exterior "customer" entrance. Tenant signs shall not exceed 70% of the store front length on which the sign is placed. Letter height shall not exceed 36" in height except hotels which shall be permitted 60" high letters. Blade signs, canopy signs and three dimensional signs are also permitted, provided the total tenant signage does not exceed the maximum calculated square footage available based on tenant frontage. 41111 7) Free Standing Out Parcel Buildings Signs (Sub areas B, C, and D only) 411 a) The maximum allowable number of signs per free standing building is one (1) sign for each public street or circulation drive frontage. = Signs must be contained in one area on the facade and shall not exceed 70 % of length of the building face to which it is attached. Letter height shall not exceed 36" in height except hotels which shall be permitted 60" high letters. One detached ground monument sign shall be permitted within +, Sub Areas B through D for each individual building and such sign shall not exceed five (5') feet in height and not exceed 45 square feet in surface area per face. Monument sign base shall match the primary exterior building materials, and shall conform to a standardized ground monument 611 sign detail to be established by Developer. b) Flat wall signs shall not extend more than 8" beyond the face of the surface to which the sign is mounted. Blade signs, canopy signs and three dimensional signs are also permitted, provided the total tenant signage does not exceed the maximum calculated square footage available based on tenant frontage. c) Signs shall be composed of individual, free-standing letters. No "belt" or "box" type signs or "pillow" signs will be permitted unless they are part of • a tenants national identity. All necessary sign supports and electrical connections shall be concealed. °b‘ d) All signs must be illuminated and shall derive light from a concealed source. No exposed lamps, globes or tubes will be permitted. Minimum return depth for illuminated signs shall be 5". Illuminated signs may be "pegged out" from mounting surface for silhouette effects. 41111 e) Lettering on all store signs shall be limited to business or trade name of the premises. No sign manufacturer's name, union labels, or other ob, lettering shall be visible. Logo signs will be reviewed on an individual basis by Developer, but in general, national tenants with recognizable logos within or adjacent to their trade name are acceptable. All logos shall adhere to the requirements of this criteria. PEARLAND TOWN CENTER PUD(PD District)Ordinance October 3,2005 Rev.March 02, 2006 Page 34 41111 0 No exterior sign or sign panel will be permitted to extend above any roof line. 8) Directional, Informational and Traffic Control Signs , , a) All traffic control signage on public streets shall conform to the size requirements of the "Manual of Uniform Traffic Control Devices and the 41111 City of Pearland." '""' b) Pedestrian directional signs, information kiosks and electronic information devices shall be permitted throughout the Town Center Sub 401 Area A and Event Center Sub Area C without limitation, provided that they are used solely to convey directional, town center special event, public service and related information to the general public. 4111N c) Directional signage identifying receiving and loading areas, access routes and other elements requiring further identification are permitted provided they have a consistent design and appearance coordinated with the other Town Center identification signs. 4b+ 9) Service Door Signs ;R a) Each Tenant shall be permitted to install one sign on a service door to identify the name of the business. The content of the sign shall be limited 401 to the name of the business only. INN b) The lettering shall be consistent color and type style, two inches high, and 9w shall be located no higher than 5'-6" above finish floor. - 10)Announcement Signs a) The following types of Announcement signs shall be permitted within the .., PUD: dog • Project Announcement Signs- Limited to two (2) Overall " ' Development Signs not exceeding 96 = SF per face each sign, and • one (1) additional sign for each sale or lease parcel created by g., Developer, not exceeding 64 SF per face for each additional sign. • Banners, Pennants and Temporary Signs used for advertising purposes provided that they are not visible from public streets. On premise externally illuminated portable signs, banners, and windblown signs such as pennants, flags, and streamers for special events and grand openings shall be permitted provided they do not exceed 20 SF in area. There shall be no limit on the amount of Developer placed Banners, flags or signs along Town Center ION 41111 PEARLAND TOWN CENTER PUD(PD District)Ordinance October 3,2005 Rev.March 02, 2006 Page 35 mok Drive, East or West Main Streets or other circulation routes within the PUD. • Project Announcement signs shall be removed within 30 days after an occupancy permit is issued. • Land Available and Real Estate Signs. Signs offering land available for sale or lease shall be limited to 64 SF per sale or lease parcel provided that no more than one sign be installed for each 500 feet of frontage. Oik f 0, 41111 O, glikr 4111 11 AI rilbt PEARLAND TOWN CENTER 4111 PUD(PD District)Ordinance October 3,2005 Rev.March 02, 2006 Page 36 04/24/2006 10:58 RLRNO TITLE RIVERWAY N0.668 D06 GF No. 06-50509974 CIN (7' EXHI IT "A„ f" 9.9200 gross acres or 432,130 square feet of land, being Lot One of The Allison-Richey Gulf Coast Home Company Subdivision,Section 81,H.T,&H.R.R. Company Survey,Abstract 300, C'' recorded in Volume 2, Page 98 of the Plat Records of Brazoria County, Texas, and being described In deed recorded in County Clerk's File No. 03-020909, Official Records of Brazoria County, Texas; LESS AND EXCEPT a 0.050 acres as recorded in Brazoria County Clerk's File No. 02-041089, LESS AND EXCEPT a 0.6189 acres of land, LESS AND EXCEPT a 0.4040 acres of land, and LESS AND EXCEPT a 1.403 acres of land described in deed recorded in ("'N County Clerk's File No. 2005035576, Official Records of Brazoria County, Texas. r"1 FOR DESCRIPTIVE PURPOSES ONLY-SEE SURVEY REQUIREMENT ON SCHEDULE C HEREIN. ("1 (1°1 (9* r`1 N 0 3 )-)) )r) ) ) y )7)I ]I . Je) 1 J J ) ) i ) FF? ) ) i J )'J )')()'J i() irj() NOTES t)�.. I._ I. THE SURVEYOR HAS NOT ABSTRACTED THE SUBJECT PROPERTY MO ADJOINERS. PROPERTY RUT HAS RELIED ON HENDERSON.ABSTRACT v1 C CO I COMPANY TO PROVIDE DEED COPIES OF THE SUBJECT CN t[ A i8 Z=L?o t 2 W 6T • W-V,8 N1 O-� QiQ a�N � a N!elIo a. WOOD ' BRIDGE MKR . 2. THE BASIS OF BEARINGS SHOWN 2 REFERENCED TO THE I • - TEXAS COORDINATE SISTER OF 1603, SOUTH CENTRAL. :ONE LOT 3 .I PEARUND INVESTMENTS IJMI1E0 PARTNERSHIP TO SHADOW RANCH OEVELOPMENi COMPANY LIMITED PARTNERSHIP HOME (02-063452 B.C.D.R.) 12-03-2002 FND.3/4'IP • CREEK •A-67B• PRACTICES" SECTION 063.19(9): 3. THE BUILDINGS OR WPROVENENTS BROWN HEREON S. TRACT SHOWN HEREON SUBJECT TO CITY OF PEARASD REPRESENT TiEOUDINE AT GROUND SURFACE LEVEL BUILDING ORDINANCE UNLESS OTHERWISE NOTED. 4. NE UTUTY APPURTENANCES (La, palm Olds,3itY palm Olds, 9. Rt SI FOR VTES NOT SHOWN. CONTRACTOR IS R FOR UNDERGROUND UTILITIES. SHOWN HEREON ARE THOSE VISIBLE AT THE OBE OF AN SURVEY D WAY NOT BE CONPLzYE 7.1H5 SURVEY PUT S ACCOMPANIED BY A SEPARATE METES SECTION 3 AND BOUNDS DESCRIPTION PER TEAS BOND OF BLOCK 19 T.C. R.R. Co. SURVEY PR PROCEDURES AND LAN° OU OR'S '�EPAE RULES OF r ,5„� (---- `PP OCCUPIED SOUTH R/W, I PP —PARCEL 8C-5— — RG L •tT g 1.40.3 ACRES _6 1, 1 } (61,109 SO FT) (S) PROPOSED SOUTH R W S 86'4515 W 872.99 RIGHT-OF-WAY (VOL 63B PC. 127 B C DR ) ALLISON-RICHEY GULF COAST B. SET CAPPED ROOS STAMPED C.L. DAVIS, R?1S. NO. 4464 CO. 's SUBDMSION 60' AMERCAN CANAL CO. (Vol. 2, Pg. 99 B.C.P.R. RIGHT -OF -WAY -LATERAL a4 (VOL 638, PG. 127 B.C.O.R.) I - [SOUTH UNE A-678 OUNTY ROAD 92 (R/W VARIES)TEL NOBPJUNEA_JOOIMKR. MKR PHALr . N 86'46'15' E 872.99' ssrN• a L FN0.5/8"IR 0' AMERCAN CANAL CO. -LATERAL >f 4 7 ORIGINAL AREA (APPROX.) RIGHT-OF-WAY TAKING RESIDUE 9.920 ACRES 1.403 ACRES 8.517 ACRES 6 LOT 1 BC-5 IGNATIUS LEONARDS TO W.C. PROPERTIES, LTD. (03-020908 B.C.O.R.) 04-04-2003 PP 50'STRIP DEDICATED FOR ROAD WIDENING F(2004-051264 _ONO. WALK COMMENCING POINT (2)24'CP GPS MONUMENT No. 9 aMKR---'30T3.2D' SHADOW CREEK RANCH EAST CLEAR LAKE LOOP & KIRBY DRIVE EXTENSIONS (VOL. 23. PG. 121-122 B.C.P.R.) (2)END TREATMENT ‘7-IXISTNG ASPHALT ROAD 9 78.37 3D W ORIGINAL 40' ROADWAY (VOL 2, PG. 98 B.C.P.R.) PP P.D.B. MH —i SEC17ON 81 ALLISON-RICHEY GULF COAST HOME CO. 's SUBDMSION (Vol. 2, Pg. 98 B.C.P.R.) H.T. & B. R.R. Co. SURVEY A-300 UNE DISTANCE BEARING LI 70.00' N 0J'1J'45" W L2 70.00' 5 03'7J45" E LEGEND (S) 87E99' SET 5/8" IR WITH CAP Exhibit B BC-4 IGNATIUS LEONARDS TO LINGO SOUT{GATi LTD. (02-041089 B.C.O.R.) 06-24-2002 OAfTE 4464 CL. DAMS i'. Nn. I HEREBY CERTIFY THAT INS SURVEY WAS MADE ON THE GROUND ON 03-20-2004 AND 'NAY 119S DRAWING SUBSTANTIALLY WITH .THE CURRENT TEXAS SOCIETY OF PROFESSIONAL SURVEYORS STANDARDS MO SPECIFICATIONS FOR A CATEGORY 2, CONTEMN 1 SURVEY. THIS CERTIFICATION IS REAMED AND THE IF THIS DOCULIENT IS ALTERED IN ANY SURVEY NULL ANDVMA NER. OR ES NOT MO AN ORIGINAL SEALO SIGNATURE OF SHE SURVEYOR, (S) PARCEL BC-3 LOT 11 a GPS MONUMENT No. 10 PARCEL BC-5 nC.L. DAVIS & CO. 13E0 WNraDe WAY LAND SURVEYING 2,3 +8 D ns�e ROUTE SURVEY 1.403 ACRES OUT OF LOT I SECTION 81 AUJSON-RICHEY GULF COAST HOME C0.'S SUBDIVISION (VOL. 2, PG. 98 B.C.P.R.) PEARLAND, BRAZORIA COUNTY, TEXAS DATE: 09-28-2004 ISCALE: T' - TOO'IJOS Not 1I-421-43 DWG. 42I43GPS 1-SURFACE-PARCEL - - - Broadway County Road #92_ - - r , EVENT CENTE 'LUTRICLft '..SO OfF1 ER N; „ ----,751.11FAREA-LTT;?..Qiiilltrifii4THI-74 a •Stir-11:--SAIRERAICIDL2'. A8 ActAt Ijfl hHtd -±74 AC - - el1io*H6ko Wili0H44414-44004 Iptirm-k ra: CCi 7, 7 01 U1 'Of 0, 0. 67' ------- STORM/MIER- ---..._..------ )------------' -------,, . ), ----,,,-.. -_,/ MANAGEMENT AREA ---7--- ---- -- - '77--=---:---- Note: sub -area limits shown are conceptual and may be modified upon approval of Planning Director CBL & ASSOCIATES PROPERTIES, INC. 2030 HAMILTON PLACE BLVILCHATTANOOGA, TN 37421-6511 PEARLAND TOWN CENTER PEARLAND, TX SUB -AREA MAP 1463 wes1 9'9914041, 4600 clevelond, oklo 44113 214.781,9144 216.781,6566 lox www.koinc.com 4,02-0-07 kafib.-6105:02,,; I di ,../ \ _ J v III BROADWAY L ——iull' �_ _ I, III , �l;l� II �IIII III II Pearl and i ' _ 1 ,ii l f ` p1 II PERIPHERAL ®)p �'fJ� 5 milli M!. j i �I. _ � 1. � IIIIII DEVELOPMENT �y I r 4�_ Z 1— T I 4 3 # P" ) . Town Center at , i .3`ii�. -T 1 t-.. .ti - .1 .' 441444‘11010,1--., -4.--4.4,t At I • III±� •qy ymil SITE DATA. � r � A s it RESTA i. % 4:::2. , {� Ir g I.A. $ != '�,\ DEPARTMENT STORE A 158,000 sf �' � � tiq ' a f 1f • �`� DEPARTMENT STORE B 160000 sf r -� .�"�+• - • REST D ,_ BOOKSTORE 28,000 sI - � W v / { JUNIOR RETAIL A 26,600 sf "r ' II . 4i 4* 4 4 0 40 , / 4 s_ JUNIOR RETAIL B 23.736sf a t �' u. RESTURANTS 40,957sf 1 L BARNE$&NOBLE RETAIL * • RETAIL SHOPS 444043sf ( t t * +'! ' ` tS- OFFICES 50,000sf -I , ,7, _ OUTPARCELS 149,597sf * -►� sig q r TOTAL TOWN CENTER DEVELOPEMENT 1,060,933 sl / f ; „f — �! \ �l' \ HOTEL DEVELOPEMENT 150ROOMS PERIPHERAL * * * # �q " • • * i * ' -111.1 -4 4, ` - ,` �' * * 4 * 4 \: RESIDENTIAL 300 UNITS DEVELOPMENT ' O L, ro • a ' I 'd l' _�—, AT x RETAIL I► `-- i . \ PARKING. I ' iL RETAIL nuHxsaxl 1 REQUIRED . - — ., - . REST. s + .. ? + Virtu I RETAIL(@ 4.571000 sf) 4,640 SPACES *I .l•i `I '�1 - RETAIL RETAIL . '*` 1 ru I OFFICE(�2511000 sf) 125 SPACES ! I' /4 6 1 H{ -i L - -, _ , .*Iii 4 4 - RESIDENTIAL(1.5 PER UNIT) 450 SPACES / " ihiliiir �^v / i sr \' s I Ml" d.+. 4.4i 4 HOTEL 1 PER R00 150 SPACES �!: 1 Dillards T - Po macy's ! I i TOTAL PARKING REQUIRED 5365SPACES 4j .." 6 • '' TOTAL PARKING PROVIDED 595a SPACES -�+� • IOENTIA +d y►•ESIDENTIA - RETAIL r i/ •=1 * 6 44 /� -Fri'- rt 1ys(' ^� '►t111101 HOTEL t 1 . / T' ilio y —� yea : : a * * * , * • ,.WTI , • 41 i taA-c . I -- .. i in .EcKT3 = 4* bb 61 6 * * 6 l'it Li +raftitio - * * op - ' U rmiossomor 2 ' * * * * * * * * A UM ji''''' '''' 7 11111141 1 OBL&ASSOCIATES PROPERTIES,INC * IrP t; 1 1111' ..461 i 1 < r �< .�. +,.. �► - . � -fell REsiD�l1`fIAL; II"4I�r !S�/1�i = �� * t 4 , 4111t / * * • 4 4 • * 4, * ' * • * . * *l f %.,, • - Nv- 40 * 4 - - '. omniplan 4 #I44 • . i 4 . * 40 *v0 s * * OF4 • 4 i 4 / �' a' RETAIL * * / Al'''\\ eli, .�t -i . 3 �.e , 'lJ.. + L .,Rk- __. _ __'�. -ti • p -- r 16. -- !-/ . DETENTION POND 1 I - �-