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Ord. 509-796 10-10-05
ORDINANCE NO. 509-796 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 127.6954 ACRES TOTAL, DESCRIBED AS: 88.6991 ACRES, OUT OF LOTS 6, 7, AND 8; 9.00 ACRES OUT OF LOT 3; 5.00 ACRES OUT OF LOT 4; 5.00 ACRES OUT OF LOT 3; 5.00 ACRES OUT OF LOT 3; 5.00 ACRES OUT OF LOT 4; ALL OF THE JAMES HAMILTON SURVEY; 9.9963 ACRES SITUATED IN THE DAVID WHITE (ASSIGNEE OF JAMES HAMILTON) SURVEY, ABSTRACT 881, HARRIS COUNTY, TEXAS, BEING A PORTION OF THAT CERTAIN 15 ACRE TRACT OF LAND RECORDED IN VOLUME 2309, PAGE 695, OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS, CITY OF PEARLAND, HARRIS COUNTY, TEXAS (GENERALLY LOCATED AT THE SOUTHWEST CORNER OF STATE HIGHWAY 288 AND BELTWAY 8) (APPLICATION NO. 1238) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO PLANNED UNIT DEVELOPMENT DISTRICT (PUD), AT THE REQUEST OF KERRY R. GILBERT AND ASSOCIATES, INC., APPLICANT FOR PEARLAND LIFESTYLE CENTER, L.P., OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. WHEREAS, Kerry R. Gilbert and Associates, Inc., applicant for Pearland Lifestyle Center, L.P., owner, filed on July 18, 2005, an application for amendment pursuant to Section 28 of Ordinance No. 509, the Land Use and Urban Development Ordinance of the City, for approval of a change in the land use as provided for in said Section 28, said property being legally described in the original applications for amendment attached hereto and made a part hereof for all purposes as Exhibit "A"; and WHEREAS, on the 15th day of August, 2005, a Joint Public Hearing was held before the Planning and Zoning Commission and the City Council of the City of Pearland, Texas, notice being given by publication in the official newspaper of the City, the affidavit of publication being attached thereto and made a part hereof for all purposes, as Exhibit "B", said call and notice being in strict conformity with provisions of Section 28.3 and 28.4 of Ordinance No. 509; and 1 ORDINANCE NO. 509-796 WHEREAS, on the 1st day of September, 2005, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by Kerry R. Gilbert and Associates, Inc., applicant for Pearland Lifestyle Center, L.P., owner, whereby the Commission recommended approval of the change of classification for the described property from its existing classification of Suburban Development District (SD) to Planned Unit Development District (PUD); and WHEREAS, upon receipt of the report from the Planning and Zoning Commission, the City Council considered this application and the recommendation of the Planning and Zoning Commission at a regular meeting on September 12, 2005; 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 Kerry R. Gilbert and Associates, Inc., applicant for Pearland Lifestyle Center, L.P., owner, presented which, in the judgment of the City Council, would justify the approval of said application; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: The following described property located within the corporate City limits of the City of Pearland, Texas, and presently classified as Suburban Development District (SD) is hereby zoned to Planned Unit Development District (PUD), in accordance with all conditions and requirements listed in the Planned Unit Development (PUD) Document, also known as Exhibit "C" attached hereto and incorporated for all purposes such property being more particularly described as: 2 ORDINANCE NO. 509-796 127.6954 acres total, described as: 88.6991 acres, out of Lots 6, 7, and 8; 9.00 acres out of Lot 3; 5.00 acres out of Lot 4; 5.00 acres out of Lot 3; 5.00 acres out of Lot 3; 5.00 acres out of Lot 4; all of the James Hamilton Survey; 9.9963 acres situated in the David White (Assignee of James Hamilton) Survey, Abstract 881, Harris County, Texas, being a portion of that certain 15 acre tract of land recorded in Volume 2309, Page 695, of the Deed Records of Harris County, Texas, City of Pearland, Harris County, Texas (Generally Located at the Southwest Corner of State Highway 288 and Beltway 8) II. The City Council of the City of Pearland finds and determines that the recitations in the preamble hereof are true and that all necessary prerequisites of law have been accomplished and that no valid protest of the proposed change has been made. The City Council further finds and determines that there has been compliance with the mandates of law in the posting and presentation of this matter to the Planning and Zoning Commission and to the City Council for consideration and decision. III. The City Council of the City of Pearland finds and determines that the amendment adopted herein promotes the health, safety, and general welfare of the public and is a proper valid exercise of the City's police powers. IV. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. V. All rights and remedies, which have accrued in the favor of the City under this 3 ORDINANCE NO. 509-796 Ordinance and its amendments thereto, shall be and are preserved for the benefit of the City. VI. The City Secretary is hereby directed to cause to be prepared an amendment to the official Land Use District Map of the City, pursuant to the provisions of Section 2 of Ordinance No. 509 and consistent with the approval herein granted for the reclassification of the herein above described property. VII. This Ordinance shall become effective after its passage and approval on second and final reading. PASSED, APPROVED, and ADOPTED on First Reading this 12th day of September 2005. TOM REID MAYOR ATTEST: PASSED, APPROVED, and ADOPTED on Second and Final Reading this 10th day of October , 2005. c-----)I't)- TOM REID MAYOR 4 ORDINANCE NO. 509-796 ATTEST: 1 Y S'' RETARY APPROVED AS TO FORM: D ()A,.. RIN M. COKER CITY ATTORNEY 5 APPLICATION FOR A CHANGE IN ZONING City of Pearland Community Development 3523 Liberty Drive (Community Center) Pearland, Texas 77581 281-652-1768 281-652-1702 fax www.cityofpearland.com Please check one: g( Change in Zoning Classification from: SD to: PUD (list current zoning) (list proposed zoning) rl Specific Use Permit Request for : (list proposed use) Property Information: Address: SW corner of SH 288 & Beltway 8 South Tax Account No. See attached list Subdivision: tte Refer to eged-legaldescription inVNC dodumfrn't- Lot: Block: ** Attach a copy of the metes and bounds description, survey, or legal description** Current use of property vacant (type of structures on property): Future/proposed use of property and reason for zone change: uniquely designed retail and entertainment complex PROPERTY OWNER INFORMATION: APPLICANT INFORMATION: NAME Pearland Lifestyle Center, L.P. NAME Kerry R. Gilbert & Associates, Inc. ADDRESS 6410 Poplar Avenue, Suite 850 ADDRESS 15810 Park Ten Place, Suite 160 CITY Memphis STATE TN ZIP 38119 CITY Houston STATE TX ZIP 77084 PHONE((901) 763-7604 FAX((901) 7611-5325 E-MAIL ADDRESS brogers@pm-lifestyle.com PHONE( 2+3I ) 5'l "l - D 34-O FAX( 2.0 ) — 8 2 ("L E-MAIL ADDRESS landplan@krga.com PETITION: As owner/agent, I hereby petition the City of Pearland for approval of the above described request as provided for by the laws of the State of Texas and ordinances of the City of Pearland. I certify to the best of my knowledge that this is a u- description of the property upon which I have requested the above checked action. I understand that I am fully responsible for the correctness of the legal description given. Pearl b Owner's Signature: ' /l G. D. Poag, Agent's Signature: Lifer. • 1 +�1( WArse e Officer e Center, L.P. artner PMLC Pearland Management, LLC Date: July 14, 2005 Date: 7 OFFICE USE ONLY: FEES PAID J(- L 00 PAID: 4, 0 ***APPLICATION IS CONSIDERED INCOMPL�`I" WITHOUT A METES AND BOUNDS DESCRIPTION OR SURVEY AND E APPLICATION FEE*** Updated 10-29-04 DATE p PAID: vi/O ,� RECEIVED BY: APPLICATION NUMBER: / .3J LOCATION MAP 4E Zone Change Application s No. 1238 0 500 1,000 Feet 'till I Map Prepared on July 29, 2005 LIFESTYLE CENTER PUD P E A R LAND , TEXAS DEVELOPER: PEARLANi LIFESTYLE CENTER., L P, KERRY R. GILBERT & ASSOCIATES, INC Ord. 509-796 10-10-05 41, RECEIVED SEP 0 2 2005 Planned Unit Development For The Promenade Shops at Shadow Creek Prepared For Pearland Lifestyle Center, L.P. Prepared By: Kerry R. Gilbert & Associates, Inc. August 1, 2005 August 1, 2005 Lifestyle Center PUD I Introduction 1 II Existing Conditions 2 • Site Description 2 • Surrounding Land Use 2 III Goals and Objectives . 3 IV Project / Plan Description 4 • Permitted Uses 4 • Access / Mobility 4 • Area Requirements 5 • Yard / Setback Requirements 5 • Site Plan Changes 6 • Parking / Loading Requirements . 6 • Display and Storage 6 • Lighting 7 • Signage 7 • Amenities/Open Space/Landscaping 8 • Utilities 8 - Public (Water, Wastewater & Drainage) 9 - Dry Utilities (Power, Telephone, Gas & Cable) 9 • Architectural Standards 9 V. Definitions 10 VI Exhibits A. Area Map B. Survey C. Legal Description D Site Plan E Access/Mobility F Utilities (Water, Wastewater & Drainage) G Spectrum Blvd and Lew Briggs Road (Typical Cross-section) H Lifestyle Center "Main Street Driveway" (Typical Cross-section) 12 August 1, 2005 INTRODUCTION Pursuant to an Application for a Change in Zoning submitted by Pearland Lifestyle Center, L.P. ["Developer"], the following Planned Unit Development for The Promenade Shops at Shadow Creek ["Lifestyle Center PUD"] is hereby adopted and shall be applicable to the development of all property within the area of land described herein [the "PUD Property"]. The purpose of the Lifestyle Center PUD is to facilitate the design, financing, construction, leasing and sale of outparcels, in an open-air shopping and entertainment complex featuring clustered buildings with a consistent architectural style, pedestrian walkways and landscaping, providing a setting for retail shops, anchor stores, restaurants and other ancillary uses such as hotel/motel, health clubs, spas, salons, entertainment venues and similar facilities and other uses allowed as a permitted use Unless otherwise specified in this document, the development will meet the requirements for all ordinances in effect at the time this document is adopted The provisions of this Lifestyle Center PUD Document shall be applicable to the area of land consisting of ± 127 acres and located in the southwest quadrant of the intersection of the Beltway 8 and Highway 288 interchange, within Pearland, Harris County, Texas [the "City"] The Property is owned by Pearland Lifestyle Center, L.P. The Property is currently zoned SD, Suburban Development District The proposed zoning is Lifestyle Center PUD. The location of the PUD is illustrated on the Area Map in exhibit section of this document and is more particularly described by metes and bounds in Exhibit "A" July 6, 2005 1 II. EXISTING CONDITIONS SITE DESCRIPTION The Lifestyle Center PUD occupies the southwest intersection of two of the greater Houston areas regional transportation corridors. The Sam Houston Tollway (Beltway 8) abuts the northern boundary of the subject property while its eastern boundary possesses frontage along the State Highway 288 Each of these roadways are limited access facilities maintained by the Texas Department of Transportation (Tx Dot). The subject property is situated approximately 1000' north of Clear Creek and, according to the most recent survey, lies within the 100 Year Flood Plain as determined by FEMA However, preliminary FIRM map revisions indicate that the subject tract will be in Zone AE with the completion of certain drainage improvements The site is currently vacant and unimproved, consisting primarily of flat coastal plains Elevations on the property range from 53.5' to 57 3' with a mean average of approximately 54 5' Other existing physical constraints affecting development of the property include O 40' roadway easement (Lew Briggs Road) traversing the property in a north -south direction. O 100' wide drainage easement along the far western boundary of the property, otherwise identified as the TxDOT drainage ditch o ± 2.5 acre drill site located along the extreme western boundary of the property o An out parcel (± 7 acre) located at the extreme northeast boundary of the site A reduced version of the survey for the property (Exhibit "B"), as well as, a legal description of the property (Exhibit "C") is included within the Exhibit section of this document SURROUNDING LAND USE Located in Harris County, the Lifestyle Center PUD is situated in a rapidly developing area in southern Harris County and northern Brazoria County which includes the S H 288 Corridor Numerous large master planned communities are being developed in the vicinity, including Shadow Creek Ranch, a ± 3,500 acre development located South of Clear Creek Other major developments in the vicinity include Country Place, Silverlake, Silvercreek, Southern Trails and Savannah, all of which are predominantly residential communities with some commercial development at key intersections The Spectrum PUD is located in the area immediately west of the Lifestyle Center PUD The Spectrum PUD consists of approximately 146 acres and proposes mixed land uses including retail, office, restaurants, warehouse/distribution and industrial The Sam Houston Tollway (Beltway 8) and State Highway 288 provide a substantial buffer to the properties north and east of the Lifestyle Center PUD and are predominantly undeveloped at this time The existing surrounding land uses can be seen on the Area Map (Exhibit "A") located in the exhibit section of this document July 6, 2005 2 III. GOALS AND OBJECTIVES The goals of the Lifestyle Center PUD are to implement a uniquely designed retail and entertainment complex that will serve as one of the primary gateways to the City of Pearland and create a positive perception of the city as a whole The anticipated design features are in concert with the City of Pearland Comprehensive Plan and include the following. o A distinct gateway announcing the City of Pearland o A comprehensive streetscape program o View corridors with water features and landscaping o A cohesive signage program o Buildings with aesthetically pleasing architectural design characteristics o Buildings with varying setbacks arranged in a manner similar to other existing Poag & McEwen lifestyle centers featuring an eclectic architectural mix o Pedestrian friendly sidewalks linking the unique retail experience with plazas and green spaces Adequate and convenient parking The character of the Lifestyle Center PUD will be assured through guidelines for architectural and design aesthetics established and enforced by the developer July 6, 2005 3 IV. PROJECT/PLAN DESCRIPTION The Lifestyle Center PUD is an open-air shopping and entertainment complex featuring clustered buildings that provide a unique setting for retail shops, anchor stores, restaurants and other ancillary uses such as, health clubs, spas, and other similar facilities and uses not inconsistent therewith The unique design features of The Lifestyle Center PUD feature a winding main street through a series of buildings and shops, each with their own distinctive, yet complimentary, architectural style The main street, with its accompanying parking and sidewalks, connect a series of plazas, water elements and other hardscape and landscape features providing multiple view corridors throughout the development The individual buildings, with varying orientations and setbacks, enhance the overall architectural aesthetics of the project Upon ultimate buildout, more than 700,000 square feet of retail space is anticipated within the Lifestyle Center P U D This is a minimum square footage per the development agreement A preliminary site plan for the Lifestyle Center PUD is included in this development to illustrate the overall design concept and is subject to change in accordance with the provisions set forth in this document PERMITTED USES The following uses are permitted by right ("Uses By Right") and such uses shall not require further approval o ATMs, and other financial service kiosks and walk-up facilities, o Banks with or without drive up services, o Conference Centers, o Cultural facilities including art galleries, auditoriums, libraries and museums, o Instructional service providers and training centers, o Health clubs, spas, salons, gymnasiums and similar facilities, o Movie theaters, live theaters, and indoor and outdoor entertainment and recreational venues which may include but not limited to music and comedy clubs, bowling, billiards, video games and other arcade type games. o Professional offices and related service providers, o Restaurants for sale and consumption of food and beverage, primarily on - premises (including the sale of alcoholic beverages) (including outdoor seating), o Retail food stores, farmer's market o Retail shops, department stores and retail service providers, o Taverns, pubs, bars and microbreweries (including outdoor seating). o Hotels and motels, o Medical or dental clinics, o Daycare Centers or pre-schools o Indoor gun and/or archery practice range o Uses associated with the licensing and permitting of weapons and o Other uses allowed within the General Business (GB) District The Lifestyle Center PUD will contain no residential lots or units ACCESS / MOBILITY Direct Access to the overall Lifestyle Center PUD is provided via proposed Lew Briggs Road, proposed North Spectrum Boulevard and proposed Spectrum Boulevard The existing and proposed frontage roads serving the Sam Houston Tollway and S H 288 direct vehicular traffic to Lew Briggs Road and Spectrum Boulevard providing traffic circulation around the perimeter of the site July 6, 2005 4 North Spectrum Boulevard will connect Lew Briggs Road with proposed Kirby Drive to the west Kirby Drive currently possesses a grade separated interchange with the Sam Houston Tollway and is proposed to continue south across Clear Creek providing a connection to Shadow Creek Parkway All of the aforementioned streets are public streets The remaining driveways and parking aisles within the Lifestyle Center PUD will be privately owned and, accordingly, will not be required to be constructed in accordance with the City's public street standards These driveways and parking aisles will be privately owned and maintained by the developer The construction of the above mentioned public projects are the subject of a municipal management district and development agreement between the City of Pearland and the developer of the Lifestyle Center PUD Their completion ensures adequate traffic circulation and access for the project A traffic impact analysis demonstrating the sufficiency of overall circulation system will be provided to the City of Pearland All appropriate permits for streets and driveways, including those required by Tx DOT, will be obtained by the Developer with assistance from the City of Pearland and in accordance with the Development Agreement Access to the internal parcels and/or lots within the Lifestyle Center PUD may be provided by way of public streets, private streets and/or driveways, easements or licenses The proposed access and circulation system for the Lifestyle Center PUD can be seen on the Access/Mobility exhibit in the Exhibits section of this document Typical plans and cross -sections for the public streets, as well as, a conceptual cross-section for the "main" street driveway are included in the Exhibit section of this document Pathways constructed exclusively for pedestrian use provide connectivity from the parking areas to the "main street" retail shops, as well as, Spectrum Blvd and Lew Briggs Road AREA REQUIREMENTS o Minimum Lot/Reserve Size Every lot/reserve within the Lifestyle Center subdivision shall be at least 7,000 square feet in area o Minimum Lot/Reserve Width Lot/reserve within the Lifestyle Center subdivision shall have no minimum width o Minimum Lot/Reserve Depth Lot/reserve within the Lifestyle Center subdivision shall have no minimum depth o Maximum Impermeable Coverage Maximum impermeable coverage shall be eighty-five percent (85%), and shall be calculated on the entire PUD property, not on a per lot/reserve basis YARD (SETBACK) REQUIREMENTS With the exception of those parcels / lots situated adjacent to an external public street, front, rear and sideyard setbacks shall not be applicable within the Lifestyle Center PUD Setback requirements measured from the right-of-way line of the below listed roadways shall be applicable to buildings and parking areas as follows. o Sam Houston Tollway — 25' o S H 288 — 25' o Spectrum Boulevard — 25' o Lew Briggs Road — 25' o All other internal streets (private) and drives (private) — 0' July 6, 2005 5 The minimum distance between buildings shall be fifteen feet (15'), but there shall be no minimum distance between buildings housing restaurants or entertainment facilities clustered around a central plaza. SITE PLAN CHANGES The site plan in this document is included for the sole purpose of establishing a general concept as to the basic character and physical relationships of the planned uses and facilities Adjustments to the site plan that do not introduce new public facilities and otherwise comply with the various other requirements within the Lifestyle Center PUD and other city ordinance and regulations in effect at the time this document is adopted shall not require a separate or additional approval process from City Council or the Planning & Zoning Commission It is essential to the success of the Lifestyle Center PUD to maintain flexibility in the site plan process in order to respond to ever changing market conditions and retail demands. PARKING AND LOADING Parking and loading shall be subject to the general requirements of the provisions of chapter 21 of the Zoning Ordinance of the City of Pearland in effect at the time this document is officially adopted with the exceptions noted below In an effort to simplify the parking calculation for multi -occupancy uses in a predominantly retail shopping center/mall environment while ensuring adequate off-street parking for the proposed uses, a minimum fixed ratio of 5 parking spaces per 1,000 square feet of floor area for the project as a whole, regardless of use, shall be required This ratio is consistent with the current City of Pearland parking code for shopping centers, malls and other multi -occupancy uses over 3 acres in size Hotels/Motels are excluded from the above fixed ratio and shall conform to the City of Pearland Code requirements in effect at the time this document is adopted. Parking adjacent to private streets and drives within the project (not public streets) shall not be considered "on -street" parking and will be allowed so long as the size of the spaces meet the minimum criteria established by the City of Pearland parking regulations Structured parking in the form of parking garages and decks are permissible in order to satisfy the off-street parking requirements set forth herein Merchandise and passenger loading requirements shall meet the City of Pearland Code in effect at the time this document is adopted DISPLAY AND STORAGE Outside storage and warehousing of surplus products within the Lifestyle Center PUD will be prohibited The outside exhibition or display of products is permitted The intent is to allow for the viewing and demonstration of large recreational vehicles and boats The temporary display or promotion of smaller items shall be limited to a maximum of ten consecutive days. All other displays will be screened (not covered) utilizing material similar to those utilized for the primary structure Permanent display areas shall not exceed 20% of the gross leasable area for a specific tenant and are not required to be covered, enclosed or within a certain distance of the building but shall be located more than 150 feet from the nearest public street. Required parking shall not be utilized for permanent display space. July 6, 2005 6 LIGHTING o General Requirements - Lighting shall be a minimum maintained level of one foot (1') candle and shall not exceed an average of five foot (5') candles at any location within the Lifestyle Center PUD - Pole height shall be limited to forty feet (40') above grade - Standards, poles, and fixtures may be varied in design, color and height throughout the Lifestyle Center PUD, providing for different types of lighting for different applications - Creosote treated wood poles are prohibited High pressure sodium lights are prohibited throughout the project o Vehicular Circulation And Parking Areas - Any light used to illuminate or identify a parking or a loading area shall be placed so as to reflect the light away from the adjacent dwellings and so as not to interfere with traffic control devices - Fixtures shall be selected and configured so as to avoid direct glare onto adjacent properties or adjacent public streets - Minimum light level within parking areas shall be one foot (1') candle during hours of business operation o Walkway Lighting Ornamental walkway lighting shall be comprised of standard, pole, bollard and wall mounted fixtures, limited to twenty feet (20') above grade. o Accent Lighting. - Up -lighting shall be consoled or positioned to screen the light source from adjacent property - Floodlighting or spotlighting of architecture, graphics, or natural features shall not create spillage of light onto adjacent property or public streets o Maintenance Each owner of PUD Property shall maintain the lighting in the Lifestyle Center PUD, including, but not limited to, replacement of bulbs, repairs and routine maintenance SIGNAGE. A "Signage Master Plan" illustrating the size, location, number and type of signage to be erected within the Lifestyle Center PUD will be prepared by the Developer and submitted to the Pearland City Council for their approval. July 6, 2005 7 AMENITIES / OPEN SPACES / LANDSCAPING One of the primary goals the Lifestyle Center PUD is to create an environment where the overall architectural style (hardscape and landscape) serve to enhance the retail shopping experience This is accomplished via the implementation of a carefully planned collection of individual stores, restaurants and entertainment venues that are connected by both vehicular and pedestrian corridors These corridors contain architectural elements and amenities that include open spaces, water features, plazas, fountains, sculpture, benches and a variety of landscaping Landscaping along the perimeter roadways, boulevard entrance and parking lot islands complement these hardscape features The conceptual site plan illustrates the approximate location and intensity of these landscape and hardscape features. All of the open space and amenity features within the Lifestyle Center PUD will be privately owned and maintained As a minimum, the Lifestyle Center PUD will meet the standards set forth within Chapter 22 of the Pearland Land Use and Urban Development Ordinance in effect at the time this document is officially adopted UTILITIES • Underground Utilities All utility facilities (including, but not limited to electric, telephone, cable television, water, gas, drainage, sanitary sewer and storm sewer) within the Lifestyle Center PUD shall be located underground To the extent that any utility facility, for engineering or other compelling reasons, must be located above -ground (such as transformers, meters and similar facilities), such utility facility shall be located, subject to the mutual consent of the utility service provider and the Developer, in an area calculated to avoid and/or minimize public view and shall be located within an enclosed service court or screened in a manner approved by the Developer • Utility Easements. All utility facilities shall be located within utility easements, granted by the Developer and recorded in the Land Records of Harris County Texas prior to commencement of the delivery of service through said utility facilities All such utility easements shall lie in specific areas of the Lifestyle Center PUD designed for efficiency of construction and use Easements may be shared by more than one (1) utility, so long as all reasonable separation requirements are observed • Roof Mounted Facilities. Roof mounted equipment and other facilities shall be positioned or screened so as to not be visible from the foundation grade of the buildings on which they are installed. • Surface Rights. Except for surface rights that may be specifically granted in an easement agreement (such as surface rights for above -ground facilities, access and maintenance), grantees of utility easements shall have no surface rights in utility easement areas Accordingly, there shall be no prohibition of paving, landscaping or the construction of small non -occupied structures such as kiosks, fountains, fire pits, signage or other similar amenities on the surface of utility easement areas The foregoing notwithstanding, however, no buildings to be occupied by persons or for long term storage of goods may be constructed on the surface of utility easement areas All construction over a public water or sewer easement must be approved by the City of Pearland Engineer • Detention Facilities. Drainage detention facilities will be constructed and maintained in such a manner so as to ensure their primary function as a flood prevention system Where the detention facilities abut public streets, landscaping will be installed to enhance their aesthetic quality As a minimum, for every 30 feet of frontage along the public street, one 4" caliper tree shall be planted Additionally, for every 3 (three) feet of frontage, one shrub at least 18" in height shall be planted These requirements establish quantities only and are intended to allow for alternative grouping and planting styles July 6, 2005 8 The size and location of the trunk utilities (water, wastewater & drainage) planned to serve the Lifestyle Center PUD are illustrated on the Utilities Exhibit (Exhibit "G") in the exhibit section of this document ARCHITECTURAL STANDARDS In an effort to promote and preserve the aesthetic quality, continuity, theme and character of the Lifestyle Center PUD, the developer will prepare a comprehensive set of architecture and design guidelines that will serve as the basis for all construction and development within the project The guidelines will address issues including, but not limited to, architectural style, color, building materials, landscaping, signage and parking Building facades will be in keeping with those in existing "Lifestyle Centers" developed by Poag & McEwan, containing varied architectural styles and materials Materials may include natural or man-made products consisting of brick, stone, glass, metal, wood, tile, resin concrete, canvas and stucco The architecture and design guidelines will be applicable to all structures and accompanying infrastructure designed within the boundaries of the Lifestyle Center PUD No building shall be constructed without approval of the developer Otherwise, all buildings constructed within the Lifestyle Center PUD shall be constructed in accordance with the City of Pearland Building Code in effect at the time this document is adopted PHASING / DEVELOPMENT SCHEDULE The project is scheduled to be completed in multiple phases of construction with the initial phase beginning in the fall of 2005 Completion is anticipated in the first quarter of 2008 July 6, 2005 9 V DEFINITIONS Any term used in this Lifestyle Center PUD Document which is defined in Chapter 3 of the Zoning Ordinance of the City of Pearland shall have the meaning ascribed to it in Chapter 3 of the Zoning Ordinance of the City of Pearland All other terms defined in this Lifestyle Center PUD Document shall have the meaning ascribed to them in the Lifestyle Center PUD Document. o City Pearland, Harris County, Texas Developer Pearland Lifestyle Center, L P Development Agreement The agreement entered into December 20, 2004 between the City of Pearland, the Pearland Economic Development Corporation and Poag & McEwen Lifestyle Center — Houston, LLC which addresses certain project development and infrastructure issues o Farmer Market. A farmers' market is one in which farmers, growers or producers from a defined local area are present in person to sell their own produce, direct to the public Products sold typically have been grown, reared, caught, brewed, pickled, baked, smoked or processed by the stallholder Unique arts and crafts by local artisans are an integral experience nad may include furniture, clothing, paintings, sculptures and numerous other handmade objects Examples of items displayed and sold at farmers market include. o Baskets and containers o Arts and crafts o Specialty clothing o Specialty furniture o Plants and vegetables o Shrubs and trees o Flowers (fresh and artificial) o Jams, jellies and honey o Breads and pastries o Fresh seafood, including fish and shellfish o Specialty cheeses o Fresh eggs o Fresh meat, including beef, pork, chicken and turkey o Fresh and dried herbs o Smoked meats, jerky and sausage o Prepared food o In -Line Buildings Buildings containing multiple retail bays and designed to be occupied by multiple retail tenants o Lifestyle Center An open-air shopping and entertainment complex featuring clustered buildings with enhanced architectural finishes and pedestrian friendly walkways and landscaping, providing a setting for retail shops, anchor stores, restaurants and other ancillary uses such as movie theaters, health clubs, spas, salons and similar facilities and other uses not inconsistent therewith o Lifestyle Center PUD Planned Unit Development for the Promenade Shops at Shadow Creek Ranch o Lifestyle Center PUD Document This document, and all other exhibits to this document and all duly executed amendments to any of the foregoing July 6, 2005 10 o New Public Facilities Dedicated public roadways and trunk water mains, trunk sanitary sewer lines and trunk storm sewer lines (not lateral connections ) o Planning and Zoning Commission The Planning and Zoning Commission of the City of Pearland, Texas o PUD Property All property lying within the area of land described in Exhibit "C" to this Lifestyle Center PUD Document o Uses by Right. Uses permitted by right set forth in Section IV that shall not require further approval. July 6, 2005 11 VI EXHIBITS A. Area Location Map for Lifestyle Center PUD B. Survey C. Legal Description D. Site Plan for Lifestyle Center PUD E. Mobility Plan for Lifestyle Center PUD F. Utilities Plan for Lifestyle Center PUD G. Spectrum Blvd. and Lew Briggs Road (Typical Cross-section) H. Lifestyle Center "Main Street Driveway" (Typical Cross-section) July 6, 2005 12 FUQUA RD.' HOUSTO�NIt'�- �PEAR�LAND ETJ CITY OF PEARLAND CITY LIMIT PEARLAND ETJ SUBJECT PROPERTY S it ve rlake ALMEDA.4 GENOA RD'. r� 4 (HOOUSTON ETJ CC. PE ARLAND Tom Bass Park 8 ��- Clear Creek GolfCourse South Down PEARLAND:ETJ m""'SunrIse <T+ Lakes J 2004-2005 Keay R A 5 -N- an area location map for LIFESTYLE CENTER PUD PEARLAND, TEXAS prepared for PEARLAND LIFESTYLE CENTER, L.P. KERRY R. GILBERT & ASSOCIATES, INC Land Planning Consultants 15810 Park Ten Place Suite 160 SEPTEMBER 2 2005 Houston Texas 77084 NOT TO SCALE KGA 01137 (281) 579-0340 THIS MAP IS A SCANNED DRAWING ONLY AND IS NOT FOR COMPUTATION OR CONSTRUCTION PURPOSES SAID DRAWING IS A PICTORIAL REPRESENTATION ONLY AND IS SUBJECT TO CHANGE ADDITIONALLY NO WARRANTIES OR REPRESENTATIONS EXPRESS OR IMPLIED CONCERNING THE ACTUAL DESIGN LOCATION OR CHARACTER OF THE FACILITIES SHOWN ON THIS MAP ARE INTENDED THIS PRESENTATION GRAPHIC REPRESENTS A COMPILATION OF DATUM OBTAINED FROM MAPS SURVEYS AND OTHER DOCUMENTS PROVIDED TO KERRY R yr GILBERT&ASSOCIATES INC I. f O EXHIBIT A KERRY R P4 60 O0N a.oaw-oomm. LOT 1 SCALE: I'-200' LINE TABLE LINE d51ANCE BEARNC LI 35.99' 5 89'32.13' E L2 332.68' S 02'24 30' E L3 179.39 N 87.35 30 E MD 3/67R. 4 LOT 2 1 1 / LO1 3 I,,,,��, 1/CLR 66 0.00. S g7'35 7- 1N 660.00 TRACT 3 R / .•..Y'S61 5.0D w7s ,)ads '4 rA.C. (p6LL Ip.c19) S L. 1Ci4NlW4 OdaKT 14 8 7' 35' N 8,1610' > LR ND o/67 - 6150.00' 900E Of care `M 44 10AC1 , es 4 0 1/1,r BELTWAY 8, SOUTH (RA.w. VAFeES) P. si3 NL1 e011 tc 1343) Rc6L11A7' p- 46'25 21' 1-7T4 19 I .375.00' E-694.6E C9-5 661933 E it TRACT 1 88 70 Acres 5 87'32'19' W - 1658.31' (CALLED 5 87'3130e w - 1659.51) LOT 5 CeuE0 IR0C1 a entail. 0. ay • Aurae'/ I03017o Ur. 7N181EF3 TO ova( 1.8V CSP_81at. FF /020-,1 1571 PP.R.a.r.N.C.I• C. or 314IC VW 288 400e55 9000 00 5/00R Ro881 .07' 0c 1198'J4' L-1153. 47 1-92.D7 7-163.15 C13-5 1222 48 E Fro LOOK r40Nalsm1 ter vn 03 O I 1 w s Nb no N Is" S/6'L6 BMercP)rn.(i �II (GeoSurv) VuuRegistered Professional VLond Surveyors SURVEY OF warn ,rich of I.rd see-4000 12744 Nis" (53S1,111116 .pore anal), •d .f Leto 3, L, 6. 7 owl 8, of The Sub:Wren N OK Mwe4 11412141 S.rKy. Abd1K1 10 881. Mare Cau,y. Malt m foeatkd h 261.1t0 83. Papa 342 of the Nap Rama of Hems Contr. Tam and Nip more WANK.) 41/4r4N0 04 mete. eta am a lu TRACT N0, I: ,es'm d a.b coosm en...we .f a:e.10 carts (3,811,72 .we hank maerr nth Lou 6. 1 m 6 or rho od ••.on of or ].awry awry OM wino no.. poncw.l, a • onodmew a N C015(NOIC al N. 6elaweelvne• a. Me add Jones HoOilon &entry.seer ' 1 dew boa. the Swaw.sol cart.. O sad L4l ft ,Kau N 6Y33'30 C. Lima ow Sous, r. Lay one 1r. Scab 6. 01 spa la 4, o doanw of 1370.00 4•.1 to b. S•t41.0. corn, .f mod Lai 4 o.d 4h. Sw11.s.1 caw of Lot 5 ef the tool w664.5:01, 41 the 30 03 Abram Slater Ku 10224'30" •bq w d sad Las • cod 5 0 1320.00 tea to a lab 1/2 ben O iv.ep•o,el UM pnnonOmen capr carrot of sae Lots 3 4. 5 e R sNia 1/2 bet ko. 6p being lop PONT Cr IMCoth.THENCE 1 072410' 24. Oa. N. (.41 on of Lob 2 od Lot 3. cod N. Wasl So, of tad Lots 7 and 6 a Askance d 120500 Net to • No. 5/0 St. ran roe et ow Ne11-6a oar... d Mud Lea 7 Oro r• 5e.Mre' een•r d sere vet 8: DEICE N 4240'21 E (NAN N 673480 E. item aw cannon lb. 44 sa4 Lot. 7 am s o OMMNNI of 475.8e Net (caoo 130103 eat) to pro am 5/0 .co%cn So. rtram sob 3/6 font Iran ran • ro••d urea corner taws 88'97'15' W. 1.31 IOW in 16nplh me/cc e. O7 Ni30 w, • a' •c. or 640.rs 1001 to o rwaa A/6 :Kt ;.m ran'., 0. b.tn 1N of sooty eta (.10301..49). Iran sad 5/5 'ncnan ra fe✓O 1 'non 'ran ape bean 5 4215'03 5. 430 Poet it Hegll: THENCE t p e 80'3213' (. ebna tooth to d saki Sodh 8d1 o Agra. d 35.110 foot la a 5/6 :.d, 4.., red ..1 T• re to M r:g1C HENCE aV0.1MNiNI, obq taw Satoh M11 d cab South Bat Lab nolq 4 fence Me cap void ova to to rig*. having red.. or /i61..1 1f00401, • can.a •, o•a d 4e45'21' 0 .;md 1.. art• 110 toe b o f0,e 5/6 Son :an ac rod .ad re 02wq y chow Mice bear: 6 181233" E. 6944E Net n wnpth DENG( t 42'24'30' E. a ddan. d 33288 MI to • .et 5/6 '•vh :ran red +:11 coo MOILS N ar3s'30 c, a 1 '7030 leer • 0 b•ro 5/6 m ,e. Soto iron ' an er race ,e✓ Sot. Kr., daan (..bl• rh) and aw Iv 11• r:514: THENCE ebn0 tho brat fond Nil Stec 1141wy 286. 2 Wee Cm st4 olio was b the MMA1 Nog 4 rod.* et 061.47 yet, crap, a caws ool• 01 1,'0574', o damn. a, 16147 mt. to • Nona canc.. nsN,w4•t see WOO hwilp a Omni leach Neu 1122244' E. 163.13 feet n len/tnl IKNC( s 061301" C. co.t:.:.0 ob. the Oleo ion d sob Sear No., 266 old o tact ,%.. o dmp,co a, 1811/6 feel (Wow lei1.72 feet) 10 0 felon paaet• .towhee: IKNC0 s o23e37' 0 (wins 3 0C3251' 0) c .•2q plop are earl .'ro o, sae 5Lou O'gn.q 266 end 0 sere. ire. 4 0314n.. 01 20955 fon (caeca 2,2.31 fats) all e *WO 5/8 Mon 'ten ran i1 ton south iv of solo tot 6 es" ton Nom i•• o. spa Let 5. DEICES 876215' a (eta. 5 873$30- SPX &loan fon Seth Inc el Nld Lit 6 ad the Nora i.e al said Lit 5 o wave• d .650.31 Net (caw 1135551 cat) to are pawl CO etvawc •n,r convi'm 0170 act. [3,663.772 66000 fee) 41 moos novo- eta. 2: Aw�a1 of be pa0a.ilp 9.00 ,tree (302.010 Nuys loot). a1 0, Late 3. of oe 40. N6'd 1:Of the Janes m S.w.y 4 oarq von n ce4•17e ear lone• 1r *00..: IXasEa0a0 0. So4n.ew 0111.4. L✓.q. we 00:.1 410 ba..9 tti S0u1.4.01 Conn&' rea. Lo ., NCocE N 0224.30 ., eon) ow can. ire re too. sea .err.. 143.i.an Soo., aro soar La 4 a diatom. ✓ I/20.00 look b o ( 5/0 :d, ' ed .es" oat, of ton Northwest canna of add L01 l ad /1. 5.46..0 WM, d 40ld 6N 3 Ice 6e PONE OF 8ONN106 41 the loon daer2f0e trace MEWL N a724'30 w (meting worm eon tow i.. of me mad .bees nanitan L.ey. and aloe Ow west i•. a, sad Let 3 e deura. 4i 544.00 Not too • 14.04 3/a I1oh Iran nA ,K10C N 6Y3440 C. o d'a4re• of 600.00 1.w to o mono 3/6 r'en :ran ran; 1NENCE t 0224'30' E. 4 611aee a 194A0 1ee1 to 4 lade 5/4 ban ion rood i1 the ...root fee of Nib lab 3 and HENCE t 8765'30- W. deep ere came. Pro of did Lod 3 ad 4. • dabeao of 860.00 yet le 11• PONE a ROwwaO o•4 canr:imp WOO cares (307,0.0 queen M) of ow TRACT N0. 3: • w d es" ctd.', smoo (2:7 wary f d d a s .w1 oaf Tot 4, Ow ,•,rtd-ao.b a 01 er.re• 'bnancontd.',on Lay w sm9 mrcant . Nano: COu(NO8 al the 5066.016 rO'nr 01 Ion ode Ja0441britan Sway. Net pai11 da• 06664 the 3016604.6 pane' of NO 1.01 it KNU O21i 30- 1(, •ban eti wt. 1•t or taw Odd bras 'bniem Lay old •old La 4, 0 d,wsn. of 99200 MI6 m 0 found 5/3 'can ion ran for no PORT lY 8801114N0 01 the seen 0e1.a264 0060 IretCC N orN'oo' . Andre 6.a. m• row 6. d Me oafd Jam. oortimn Sr..rar .e so. Lot o Sealy d 330.00 foe to .15/1 No. ern rod caw top at b4 Ncerna.. comer d re ut 4 one Sm... co.. d so. foe 3; DENCE N 6T3530- E. wane the eefnxon Olt d ee' Lab 3 end 4. a edam. of 660.00 Ira As a hand 5/8 ion sat roe: KhhCC 3 9t2i 30' C o drama• re 330.00 t. to • here 5/0 inn :ern .ad 116C10C 3 1115'30. e. • Liar.,• or span° not to w none Lr techaw0 s4 aoten:,p 5.00 oars (2174110 Roan Not) of b.d N07E5: 1 16i• v.a3 reacts boondrvy and wasonowit ' form roll co par o I11. Comm;lrn•.d for Title In.urorlce could by reel Aryercan 11L1e Insurance Camay, CF Number h4C5-119D96-N3D1 effective dote 50Dte703er 20, 2004 NO 000iti0nal re0a0'en regarding tr. •9sta1C0 of •o94m0nte or restrictions of «&card ham boon performed by Colo lea'd7/0 8Su" LLC. 4d.b0or :31ormM:on .00 r06ri000 by Caurt0ouoo Spacidista. 2 This proper,) doe. lie within the 100 Y1Or Flood Plan ce determ,nee 6y FENA On° as deem, on FIRM 480287-1D10-N, Zone AE, 84t0 Flood Elevolion 57 foot, 0ot48 Apr•I 20. 2000. Pr✓,.n,nory FRN ',op .•.upon (FIPo4 480267-1010-1.) ,nd.cdoa that the s alec/ tract .i1 be within Zone A( Bose Flood Eleo000n 56. 3. Soaring% oho ofi onto0 to t7W Morino 6o*v rat tooted n the dead taco Moe uMar Noeria County CIVI'. (I. y,ob-r *159526. 4. Tneee ,roots le m0nn the City Of PeOrk:MO oar °er Or0nonoa hsar110r 922 and recorded under HOIIIC County Doric Fla Nur110er V073011 5. These troths abut a non -access or o Invited -cacaos rood, hi '.way or freevoy (BeN.oy 8 ond Slate 2119fa0y 288). 6. 8ENCIO.I414(. toms County F2OdeJoi% R0Nr8.e1 Nark 14,003er 010195 E1e0ntion 57.39 NAV388 2001 adjustment Elevations 8400n hereon an booed on NAVO 88 2001 adjustment doturn. is convert to NUPE) 29. 1973 adnntner* doturn (cd.rent RNA dotum). odd 1 84 feet to ill eked)wu shown 7 5urfoca or 0ubsurlac• fault.rlg hazardous waSta. wetlands OK tons or other enr;.rar.,orlal ).sw how not boa, odd..ged rah:, fh• scopes of This su,.ay 111 IU' Ice II.,. /Kar0Pdly 002. lass 2413. Laaryw C;ty. r 77374 249-554-7734 449-7601 6030 0on: 2211-554-e925 OWL, op. •: • aoec. e1 W awr:iy 500 ..root E217.00 ....n r.at), v e. Let 3. a r. sere .a0Y1tan ✓ *sr Jon. Norio. Sew. vet puap nor. orete.brre eatcnsee os taboo 000411C11C of the Sw/lrook tarot of Ito aid Mans Hyn.lom &are, and bird oho biry lee $oadln«I Wow 41 sad LOC l: MaCC a e13530 C. sore re Sean 1:,e• d tee sail Jonas nomean Soo. o•d mid Lot 6. o Limon• d 1310.00 Nest 14 3441wnot c „er a woo N. • end t . S0an.0 . coma d tot 5 d the •as" •,m.••an 44 the James•to Stover a I3. a h071i00- 4f0 00 ow co-.v, {e• of as" Lslt . or, 1 o Limon. d 132000 Ott to 0 a•d I/O/2 540 ban 004 d the same. mm.r el said Lots 3. 4. 5. 4te 4. W 1/2 801 NA .eta abet 00st toe PONT OF liECNNNO al the henih twwraao tracts ,near, 3 6235'30 w, atom tn. carman 47 d mid lo. 3 •ro 4. a bmo<• of 620.00 Net to o room, 5/8 ✓61 Iran red mato 004 • 077: W od an'n w, a d;ac. 330.03 row r o NI 5/6 wan :e. d nih coo tr cacao, re• o, NW/ Las 3owl 8 THENCE 5 02200" E. dap One moron Ins or 00 Lob 3 trod e 0 risen.d 3Ad0 feel to the PONE e a ar 12CCsoeS scomae" 5.00 cam (217.400 oars. Nat) of mom. TRACT NO. 1 A pert., 07 6,4 cm4:i•4 5m0 oar. (71),800 .o.n.. r4✓). 04 of Lol 3. of lee ea. u,b6:6.01, o Jo1K4 McKim HMy aeO 00a8 ,he ✓ at D0l'alare 4c4a,pea are INL= a Ccrecwa 41 Caul.*... toe ••,•0 ,y.1b• Surrey. 04 pun d10 airy to S.✓nw1 of mat La 4: THENCE N 8736'30 E. dory use South Nee of th4 NE Jams Manton Survey aid Ned La 4. a daisies d 132000 loot to ve Southeast trace of fail L41 + ens 1116 S0.4..a41 pans' or 141 5 or Ile sac 15006r4at 1 to ,a... .bntan 4•0"•7: 14ENCE N 0224'30 w. clomp MCAfferoyl1•e e1 ail Lde 4 rat 5 me Lola 4 od 3. a Oman. d 132010 lest to 0 1/2 •,Lk ;.an roe fo✓0 ra •r coroner, coma d sold u. 1 4. a 3 6, fun Oda 1/2 N01 Ten d/ a Hsu. lobe .2' 0 sass S 6T 53V8- E. 044 fW in bn01A In 4. b dibroe t 163a.m mew to sat 5/0 inn :a• .m •en coo tor too Me. D/ 1303.0C d r• amain descemw vat: THENCE 5 87.Ea30 �O. 6 6,3roe of 66000 feat to 4 set 5/6 ash ion roe rah cap Mtn! N 072430 w. 0 &.sane d 330.00 fed he o Mane 5/6 inn man ran; HENCE N 673630 E. a Wavle. of HOAX tea to a lo4O 1/i nit i0. man i1 the PON.on fee O 1a0 soon 3 ow 8; THENCE S 0224'30" E. ohm O. Nenwe h,• d sold Lob 3 end 6. o ,.tarn d 330.00 Iwl /a 0. Peed Or ataw.,e se com.'n:q 5.00 am. (2,7.105 mercer fear) d Tana. IRAC1 Np. 8: r:iy �00 oars" (217pa3.o..n ,.w) sA o, La 1 d w• so. sm'wtan of o• �4•, oar [an S.ey are '19 moo arta.o.. pocr,0.d os 'mow Ca•4aglC et u. Sw11..et c d Ih• odd Men. N•n4b• 9rmy. bad od't oho Wary (1. So4h.«I mate. 01 seem La 4: Dr0NC2 a 014430• w aro.; M ego r d e tea .ems rianwa, •wane, a.0 sdda 4 lof . e •e0,a• 33NW 0,00 f10 0 eel 5/3 ManNg . roe .,n in bop foe the PONT Of 0E01004 of Us here'n 4NWed tract tier(, a 0224,30 w. cas1a,iq eon; M .tan ,00 d w sad sees 0.4ns, 5,1.,ey ••0 red Lai s o :,br. al 3)003 foot b o b,r4 0/6 ie.. iron rot. DKNC, • 0736'30- 0. o Osto.o• or .00.00 no to • /as. 5/6 :non %old r00' DAMES s 0724'30 C. o ,',.fare. ✓ 33000 Net b o a•,..o 5/1 Non Son 14EN(E S 6735'30- E. o deeac..f 66000 lost lo 11. POINT OF 1(CN4NC end .Md,%q 500 now (1t1,0oa sewn seer) Lit end MACH sex Y. • wael 01 bro co.:i.4 934 man (412.016 memo !eat) s. oc Lae 24 a, rt cep0 bm-iu, et oar • eveean 34•1•a7 and 0009 moo satbabrq comae. of hoe.: COM4NCNC et TN. 5o420 * avow. of We odd bens 144n44• &....y, ap4 pink oho bias 11. 5•a0h...1 .N 41 W Let 4: ,r[004 hi 6235'30 C. 0o.q the 5odn lie• d aro tee b ro04m 50wey 0•d safe Lot . o Liman• o4 132000 Net la tl. te41.w1 pant d add L•1 4 .'d 11. So46n.1 owner of Lai 5 of /M mad ab6Mdm 01 1K Jaws Nse*S100 Sumer Kara • 0.72.3G a. m•a •,• comer., i•• 01 are lets • oro n 1 aLam 6 aro 3 o O(rnce n1 1320.00 Tooon t to • 1/2 2101 idN 1m .rd 41 Ina Down. cord sate Lob 1 4. d• one & Tea 804 1/7 Ace i.. O. o No. race ca. Mom 3 6Y 53•06- C. 13.66 I.a :n mural ;• 4, • 40b•ce o1 3520.00 Net b o e11O O/6 kph iron red ion be NathM,t COM01 01 see lot 7 om cep Southeve oar.. 01 sad La A se. 5/0 Sot ;on nod ohm ua'q the PO01 CY acw.N= a1 11r ha.:. [..craw vain: IKNCE N 0774'50 N. do.p be carman N. at Lab 1. 2 OW *.. tOWOCe of 472.34 Not (peed 174.57 wan) to o M 5/6 :cn an ran .en cog. '• se Soo: gm of son. set (.snare .lob% CA.LS s I0tmY 32'13 C (d s 622139- C)o sld • 5o,4n L. d ass 5a4n 1r+ 0 44o e ✓ 660..9 NM (oe144 66067 Cod) b o 4a.d 5/8 :W % 4. Ten rod. Iran add 5/8 :real Iron redo land ow inch :.• 6w e0ar s 5036'l$' w, it. foe ,• warn; THENCE 5 072410" E. • d'.(su ✓ 34416 (cdhd 64158 toes] to a b•rd 5/6 net. Iran rod A lee common in. 41 LON 1 014 ew Treecea' 3 6Ys2, (coma 1 66S30 a]. m.N ,re common in* o «b Luca 76.3 ( e down. or 409.a Not (pew 46000 foot) to 0I1 Pan OF 9E0144,4 and cont04. q 9.91 men (4)2.468 ,9400 foot) d September 29 2004 To; Nog It McElwain Lifestyle Centers, South Freeway-9eltrne 8 ,United Partnership. a texas Limited Pertnersep, South Freeway-Betway 6)12 Limits° Pertnorenip o local Lrnh0O Partnership. and First Am0i(pn 1:1h Ins,ronc. Ccn,po.y: ins a 10 certify Mot trio clop 0, Oat ono aro eumey an which 1t 10 baled .ere mote 1n a60010once .Ian "Yiirrb n SeotaarO Del*) Re u'remente for ALTA/AFrjA Lae° ids" Surreys', Jamey established one Debated by ALIA RCS. and NSPS i. 1999, and roaudes Rave 1, 3, 4, 7, 9. and 11(o) of lob. A N.rrw/. Ge03un, TLC Ra9:at.o.d Pedwadonel lard Surveyor P.O. Box 2413 League Gay Tacos 77574 EXHIBIT B EXHIBIT C Legal Description for LIFESTYLE CENTER PUD The district includes all the territory contained in the following desribed area TRACT 1: A parcel of land containing 88.6991 acres (3,863,734 square feet), more or less, out of Lots 6, 7 and 8 of the said subdivision of the James Hamilton Survey and being more particularly described as follows: COMMENCING at a 1 inch iron pipe found at the southwest corner of the said James Hamilton Survey, said point also being the southwest corner of said Lot 4; THENCE N 87° 35' 30" E, along the south line of the said James Hamilton Survey and the south line of said Lot 4, a distance of 1320.00 feet to a 3/4 inch iron rod found at the southeast corner of said Lot 4 and the southwest corner of Lot 5 of the said subdivision of the James Hamilton Survey; THENCE N 02° 24' 30" W, along the common line of said Lots 4 and 5, a distance of 1320.00 feet to a found 1/2 inch iron pipe at the common corner of said Lots 3, 4, 5 and 6, from said 1/2 inch iron pipe a found 1 inch iron rod bear S 03° 07' 14" w, 0.98 feet in length, also being the POINT OF BEGINNING of the herein described tract; THENCE N 02° 24' 30" W, along the east line of Lot 2 of the said subdivision of the James Hamilton Survey and said Lot 3, and the west line of said Lots 7 and 8, a distance of 2200 00 feet to a 5/8 inch iron rod set at the northwest corner of said Lot 7 and the southwest corner of said Lot 8, form said 5/8 inch iron rod and found fence corner bears S 83° 57' 48" E, 21.66 feet in length; THENCE N 87° 40' 21" E (called N 87° 35' 30" E), along the common line of said Lots 7 and 8, a distance of 659 68 feet (called 660.00 feet) to a set 5/8 inch iron rod, from said 5/8 inch iron rod found 1 inch iron pipe bears S 78° 34' 01" W, 8 67 feet in length, also from said 5/8 inch iron rod a found fence corner bears N 88° 52' 15" W, 1.61 feet in length; THENCE N 02° 24' 30" W, a distance of 640.18 feet to a 5/8 inch iron rod set in the south line of South Belt (variable width), from said 5/8 inch iron rod a found 1 inch iron pipe bears S 87° 45' 03" W, 8.30 feet in length, also from said 5/8 inch iron rod a found fence corner bears S 66° 39' 49" W, 1.37 feet in length; THENCE S 89° 32' 13" E, along the south line of said South Belt, a distance of 35.99 feet to a 5/8 inch iron rod set on a curve to the right; THENCE continuing along the south line of said South Belt and along a fence line and said curve to the right, having a radius of 881.47 feet, through a central angle of 46° 25' 21", a distance of 714.19 feet to a set 5/8 inch iron rod, said curve having a chord which bears S 66° 19' 32" E, 694.81 feet in length; THENCE S 02° 24' 30" E, a distance of 332.88 feet to a set 5/8 inch iron rod; THENCE N 87° 35' 30" E, a distance of 179.39 feet to a 5/8 inch iron rod set on the west line of State Highway 288 (variable width) and on a curve to the right; THENCE along the west line of said State Highway 288, a fence line and said curve to the right, having a radius of 881.47 feet, through a central angle of 11° 55' 32", a distance of 183.47 feet to a found concrete monument, said curve having a chord which bears S 12° 22' 47" E, 183.14 feet in length, THENCE S 06° 25' 01" E, continuing along the west line of said State Highway 288 and a fence line, a distance of 1811.66 feet (called 1811.72 feet) to a found concrete monument; THENCE S 02° 38' 57" E (called S 02° 52' 57" E), continuing along the west line of said State Highway 288 and a fence line, a distance of 209.95 feet (called 212.35 feet) to a fence corner found in the south line of said Lot 6 and the north line of said Lot 5, THENCE S 87° 32' 19" W (called S 87° 35'.30" W), along the south line of said Lot 6 and the north line of said Lot 5, a distance of 1658.31 feet (called 1659.51 feet) to the POINT OF BEGINNING and containing 88.6991 acres (3,863,734 square feet) of land. TRACT II: A parcel of land containing 9.0000 acres (392,040 square feet), more or less, out of Lot 3 of the said subdivision of the James Hamilton Survey and being more particularly described as follows: COMMENCING at a 1 inch iron pipe found at the southwest corner of the said James Hamilton Survey, said point also being the southwest corner of said Lot 4, THENCE N 02° 24' 30" W, along the west lines of the said James Hamilton Survey and said Lot 4, a distance of 1320.00 feet to a 5/8 inch iron rod set at the southwest corner of said Lot 4 and the southwest corner of said Lot 3 for the POINT OF BEGINNING of the herein described tract. THENCE N 02° 24' 30" W, continuing along the west line of the said James Hamilton Survey and along the west line of said Lot 3, a distance of 594.00 feet to a set 5/8 inch iron rod, THENCE N 87° 35' 30" E, a distance of 660 00 feet to a set 5/8 inch iron rod; THENCE S 02° 24' 30" E, a distance of 594.00 feet to a 5/8 inch iron rod set in the common line of said Lots 3 and 4; THENCE S 87° 35' 30" W, along the common line of said Lots 3 and 4, a distance of 660.00 feet to the POINT OF BEGINNING and containing 9.0000 acre (392;040 square feet) of land. TRACT III: A parcel of land containing 5.0000 acres (217,800 square feet), more or less, out of Lot 4 of the said subdivision of the James Hamilton Survey and being more particularly described as follows: COMMENCING at a 1 inch iron pipe found at the southwest corner of the said James Hamilton Survey, said point also being the southwest corner of said Lot 4; THENCE N 02° 24' 30" W, along the west lines of the said James Hamilton Survey and said Lot 4, a distance of 990.00 feet to a 5/8 inch iron rod set for the POINT OF BEGINNING; THENCE N 02° 24' 30" W, continuing along the west lines of the said James Hamilton Survey and said Lot 4, a distance of 330.00 feet to a 5/8 inch iron rod set at the northwest corner of said Lot 4 and southwest corner of said Lot 3; THENCE N 87° 35' 30" E, along the common line of said Lots 3 and 4, a distance of 660.00 feet to a set 5/8 inch iron rod; THENCE S 02° 24' 30" E, a distance of 330.00 feet to a set 5/8 inch iron rod; THENCE S 87° 35' 30" W, a distance of 660.00 feet to the POINT OF BEGINNING and containing 5.0000 acres (217,800 square feet) of land TRACT 1V• A parcel of land containing 5.0000 acres (217,800 square feet), more or less, out of Lot 3 of the said subdivision of the James Hamilton Survey and being more particularly described as follows: COMMENCING at a 1 inch iron pipe found at the southwest corner of the said James Hamilton Survey, said point also being the southwest corner of said Lot 4; THENCE N 87° 35' 30" E, along the south lines of the said James Hamilton Survey and the said Lot 4, a distance of 1320.00 feet to a 3/4 inch iron rod found at the southeast corner of said Lot 4 and the southwest corner of Lot 5 of said subdivision of the James Hamilton Survey; THENCE N 02° 24' 30" W, along the common line of said Lots 4 and 5, a distance of 1320.00 feet to a 1/2 inch iron pipe found at the common corner of said Lots 3, 4, 5 and 6, from said 1/2 inch iron pipe a found 1 inch iron rod bears S 03° 07' 14" W, 0.98 feet in length, also from said 1/2 inch iron pipe a found fence corner bears S 87° 53' 08" E, 0.88 feet in length, said 1/2 inch iron pipe also being the POINT OF BEGINNING of the herein described tract; THENCE S 87° 35' 30" W, along the common line of said Lots 3 and 4, a distance of 660.00 feet to a set 5/8 inch iron rod; THENCE N 02° 24' 30" W, a distance of 330.00 feet to a set 5/6 inch iron rod; THENCE N 87° 35' 30" E, a distance of 660.00 feet to a 5/8 inch iron rod set in the common line of said Lots 3 and 6; THENCE S 02° 24' 30" E, along the common line of said Lots 3 and 6, a distance of 330.00 feet to the POINT OF BEGINNING and containing 5.0000 acres (217,800 square feet) of land. TRACT V: A parcel of land containing 5.000 acres (217,800 square feet), more or less, out of Lot 3 of the said subdivision of the James Hamilton Survey and being more particularly described as follows: COMMENCING at a 1 inch iron pipe found at the southwest corner of the said James Hamilton Survey, said point also being the southwest corner of said Lot 4; THENCE N 87° 35' 30" E, along the south lines of the said James Hamilton Survey and said Lot 4, a distance of 1320.00 feet to a 3/4 inch iron rod found at the southeast corner of said Lot 4 and the southwest corner of Lot 5 of the said subdivision of the James Hamilton Survey; THENCE N 02° 24' 30" W, along the common line of 5, at a distance of 1320.00 feet pass a 1/2 inch at the common corner of said Lots 3, 4, 5 and inch iron pipe a found 1 inch iron rod bears S said Lots 4 and iron pipe found 6, from said 11 03° 07' 14" w, 0.98 feet in length, also from said 1/2 inch iron pipe a found fence corner bears S 87° 53' 08" E, 0.88 feet in length, in all a distance of 1650.00 feet to a 5/8 inch rod set for the POINT OF BEGINNING; THENCE S 87° 35' 30" W, a distance of 660.00 feet to a set 5/8 inch iron ,rod; THENCE N 02° 24' 30" W, a distance of 330.00 feet to a 5/8 inch iron rod; THENCE N 87° 35' 30" E, a distance of 660.00 feet to a 5/8 inch iron rod set in the common line of said Lots 3 and 6; THENCE S 02° 24' 30" E, along the common line of said Lots 3 and 6, a distance of 330.00 feet to the POINT OF BEGINNING and containing 5.0000 acres (217,800 square feet) of land. TRACT VI: A parcel of land containing 5.0000 acres (217,800 square feet), more or less, out of Lot 4 of the said subdivision of the James Hamilton Survey and being more particularly described as follows: COMMENCING at a 1 inch iron pipe found at the southwest corner of the said Janes Hamilton Survey, said point also being the southwest corner of said Lot 4; THENCE N 02° 24' 30" W, along the west lines of the said James Hamilton Survey and said Lot 4, a distance of 330.00 feet to a 5/8 inch iron rod set for the POINT OF BEGINNING; THENCE N 02° 24' 30" W, continuing along the west lines of the said James Hamilton Survey and said Lot 4, a distance of 330.00 feet to a set 5/8 inch iron rod; THENCE N 87° 35' 30" E, a distance of 660.00 feet to a set 5/8 inch iron rod; THENCE S 02° 24' 30" E, a distance of 330.00 feet to a set 5/8 inch iron rod; THENCE 87° 35' 30" W, a distance of 660.00 feet to the POINT OF BEGINNING and containing 5.0000 acres (217,800 square feet) of land. TRACT VII: All that certain 9.9963 acre tract or parcel of land, more or less, lying and being situated in the DAVID WHITE (Assignee of James Hamilton) Survey, Abstract 881, Harris County, Texas, and being a portion of that certain 15 acre tract of land described in deed from Julius S. Worland to J.V King, dated August 17, 1954 and recorded in Volume 2309, Page 695, Deed Records of Harris County, Texas and being more particularly described as follows: BEGINNING at a 1" iron pipe in the west line of the said 15 acre tract, same being located South 317.96 feet from its northwest corner and said beginning point also being the point of intersection of the southerly right-of-way line of the proposed South Belt Highway with the aforementioned west line of the 15 acre tract; THENCE S 87° 04' 09" E, along the southerly line of the said South Belt Highway at 23.40 feet pass a concrete monument, in all 660.87 feet to a 1" iron pipe for corner in the east line of the said 15 acre tract, THENCE South, along the east line of the said 15 acre tract, 641.58 feet to a 1" iron pipe for the southeast corner of the tract herein described, THENCE N 89° 41' W, along the south line of the tract 660 00 feet to a 1" iron pipe for its Southwest corner, THENCE North, along the west line of the said 15 ace tract, 674 57 feet to the point or PLACE OF BEGINNING and containing as aforesaid 9.9963 acres of land Such tracts comprising a total of 127.6954 acres, more or less I N C • Z W O Cn o Z aw o P- et w ao SOOZ-400Z; C 0 0 z ASSOCIATES, m re O EXHIBIT D d Pd R K E R R Y V 2004-2005 Kery BELTWAY 81 ISAM HOUSTON TOLLWAY HOUSTON CITY OF REARI.AND CITY LIMIT E c1 w O PROPOSED 0 NORTH SPECTRUM BLVD 1==ic=ic=ii=l00000000000q000000000000b00000000R_' REFLECTION BAY BLVD. LEGEND EXISTING FREEWAY / EXPRESSWAY SUFFICIENT WIDTH EXISTING MAJOR THOROUGHFARE SUFFICIENT WIDTH EXISTING MAJOR THOROUGHFARE INSUFFICIENT WIDTH EXISTING COLLECTOR SUFFICIENT WIDTH EXISTING COLLECTOR INSUFFICIENT WIDTH PROPOSED COLLECTOR —N— a mobility plan for LIFESTYLE CENTER PUD PEARLAND, TEXAS prepared for PEARLAND LIFESTYLE CENTER, L.P. KERRY R. GILBERT & ASSOCIATES, INC. Land Planning Consultants 15810 Park Ten Place Suite 160 SEPTEMBER 2 2005 Houston Texas 77084 NOT TO SCALE KGA 01 137 (281) 579-0340 THIS MAP IS A SCANNED DRAWING ONLY AND IS NOT FOR COMPUTATION OR CONSTRUCTION N PURPOSES SAID DRAWING IS A PICTORIAL REPRESENTATION ONLY AND IS SUBJECT TO Z CHANGE ADDITIONALLY NO WARRANTIES OR REPRESENTATIONS EXPRESS OR IMPLIED CONCERNING THE ACTUAL DESIGN LOCATION OR CHARACTER OF THE FACILITIES SHOWN ON THIS MAP ARE INTENDED THIS PRESENTATION GRAPHIC REPRESENTS A COMPILATION OF a DATUM OBTAINED FROM MAPS SURVEYS AND OTHER DOCUMENTS PROVIDED TO KERRY R W GILBERT & ASSOCIATES INC 0 0 EXHIBIT E 44 P r KERRY R G1� eE a4 8S0 M1 0 o00000000000000000000000000000p00000000000000 ',t 000000000000000000000c 'OH ASHIN _ j. N Proposed Storm Water Line Proposed Wastewater Line Proposed Water Line Z 11.1 J EXHIBIT F i Consultants W O Q W 0 >- re re UJ 0�0 ~ aOQWZ _ G a OGpVdj O UQQNW , w~� �z�0� QY w Q0�wa �O�z� Orw_ 0 HNL! Ng!U O LT, mw a 0_ N Z= ND OQ Q~ Z OCO< ow<was ��z�orc rc=NOUY 00aw<0 w U_WHNO ia2<wo ;hi v azNo wa N N W OO OF <rc20�w Z ;hi Q NOOVQU o:�(7o 2 0 ti'BN s00z-400z KERRY R 25' LANDSCAPE RESERVE 10' I 100' R 0 W 25' LANDSCAPE RESERVE 10' 4' A MIN j PLANTING AREA 4. 10 15 PROPERTY LINE 7' MIN CANOPY HT — 3' MAX SHRUB HT 25' WIDE REINFORCED CONCRETE WITH CURB & GUTTER •NOTE These dimensions will vary due to curvature of the streets W S E WATER LINE/SANITARY SEWER EASEMENT NOTE FOR ILLUSTRATION PURPOSES ONLY REFER TO CONSTRUCTION PLANS FOR COMPLETE DETAILS AND SPECIFICATIONS 20'-30' WIDE MEDIAN 25' WIDE REINFORCED CONCRETE WITH CURB & GUTTER WS E I L I PLANTING AREA 4rr— 10'-15' PROPERTY LI NE SPECTRUM BLVD. & LEW BRIGGS RD. - TYPICAL CROSS SECTION EXHIBIT G SIDEWALK/ LANDSCAPE +/- 20'-0" STREET PARKING +/- 48'-0" ONE-WAY ANGLED DRIVE PARKING AISLE +/- 18'-0" X +/- 12'-0" STREET PARKING +/- 48'-0" SIDEWALK/ LANDSCAPE +/- 20'-0" BUILDING FACE TO BUILDING FACE VARIES (+/- 143'-0") LANDSCAPE ISLAND + 5'-0" ANGLED PARKING +/- 18'-O" CONCEPTUAL CROSS-SECTION FOR MAIN STREET DRIVEWAY EXHIBIT H AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Lloyd Morrow, hereby certify that the notice hereby appended waspublished in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris and Galveston Counties, for / . issues, as follows: No. / Date 7 20 D5 No Date 20 No. Date 20 No. Date 20 No. Date . 20 Subscribe and sworn to before me this .4 day of 20 OS LAURA ANN EMMONS Notary Public, State of Texas Commission Expires 09-09-2006 Laura Ann Emmons, Publisher Notary Public, State of Texas Published July 27 and August 3, 2005 NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS ZONE CHANGE APPLICATION NO. 1238 Notice is hereby given that on August 15, 2005, at 6:30 p.m., the City Council and Planning and Zoning Commission of the City of Pearland, in Brazoria, Hams and Fort Bend Counties, Texas, will conduct a joint public hearing in the Council Chambers of City Hall, 3519 Liberty Drive, Pearland, Texas, on the request of Kerry R. Gilbert and Associates, Inc., applicant for Pearland Lifestyle Center, L.P., owner, for an amendment to the Land Use and Urban Develop- ment Ordinance of said City, for approval of a change in zoning district from classification Suburban Development District (SD) to Planned Unit Develop- ment District (PUD), on the following described proper- ty, to wit: 127.6954 acres total, described as: 88.6991 acres, out of Lots 6, 7, and 8; 9.00 acres out of Lot 3; 5.00 acres out of Lot 4; 5.00 acres out of Lot 3; 5.00 acres out of Lot 3; 5.00 acres out of Lot 4; all of the Jaines Hamilton Survey; 9.9963 acres situated in the David White (Assignee of James Hamilton) Survey, Abstract 881, Harris County, Texas, being a portion of that certaln 15 acre tract of land recorded In Volume 2309, Page 695, of the Deed Records of Harris County, Texas, City of Pearland, Harris County, Texas (Generally Located at the Southwest Comer of State Highway 288 and Beltway 8) At said hearing all Interest- ed parties shall have the right and opportunity to appear and be heard on the subject. /s/Theresa Grahmann Senior Planner AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I,Lloyd Morrow, hereby certify that the notice hereby appended was published in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris and Galveston Counties, for / issues, as follows: No: Date " 3 20 b 5 No Date 20 No. Date 20 No. Date 20 No. Date 20 Subscribe and sworn to before me this/Z-74 day of J 14 20 06 N EM0pNS 411;p pN s Gtic. State at lexy t a3y-20�4; N©tag`: np��es Qy Caat�'dss�©° Laura Ann Emmons, Publish Notary Public, State of Texas Published July 27 and August 3, 2005 NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS ZONE CHANGE APPLICATION NO. 1238 Notice is hereby given that on August 15, 2005, at 6:30 p.m., the City Council and Planning and Zoning Commission of the City of Pearland, in Brazoria, Harris and Fort Bend Counties, Texas, will conduct a joint public hearing in the Council Chambers of City Hall, 3519 Liberty Drive, Pearland, Texas, on the request of Kerry R. Gilbert and Associates, Inc., applicant for Pearland Lifestyle Center, L.P., owner, for an amendment to the Land Use and Urban Develop- ment Ordinance of said City, for approval of a change in zoning district from classification Suburban Development District (SD) to Planned Unit Develop- ment District (PUD), on the following described proper- ty, to wit: 127.6954 acres total, described as: 88.6991 acres, out of Lots 6, 7, and 8; 9.00 acres out of Lot 3; 5.00 acres out of Lot 4; 5.00 acres out of Lot 3; 5.00 acres out of Lot 3; 5.00 acres out of Lot 4; all of the James Hamilton Survey; 9.9963 acres situated in the David White (Assignee of James Hamilton) Survey, Abstract 881, Harris County, Texas, being a portion of that certain 15 acre tract of land recorded in Volume 2309, Page 695, of the Deed Records of Harris County, Texas, City of Pearland, Harris County, Texas (Generally Located at the Southwest Comer of State Highway 288 and Beltway 8) At said heating all interest- ed parties shall have the right and opportunity to appear and be heard on the subject. /siThheresa Grahmann Senior Planner PLANNING & ZONING COMMISSION General Location: Subdivision, City of Pearland, Brazoria County, Texas Generally Located on the South Side of FM 518 (Broadway Street), and on the East Side of Dixie Farm Road Vice -Chairperson Iocco made a motion to approve, and Commissioner Ransom seconded. There was discussion by the Commissioners/Staff/Deputy Attorney in regards to masonry walls and outside storage. Vice -Chairperson Iocco stated he had a problem with the outside storage and what is considered seasonal storage. Deputy Attorney Doan stated it was a good opportunity for them to clean up their facilities, but cautioned the P&Z Commissioners not to overreach and to seek reasonable concessions. There was further discussion. Deputy City Attorney Doan suggested that the Commissioners table this. Commissioner Ransom made a motion to table this, and Vice -Chairperson Iocco seconded. Staff and applicant stated they would strive for the August 29th meeting. The vote was 5-0 to table. D. CONSIDERATION & POSSIBLE ACTION — Zone Change 1238 Ica io N' A request by Kerry R. Gilbert and Associates, Inc., applicant for Pearland Lifestyle Center, L.P., owner, for an amendment to the Land Use and Urban Development Ordinance of said City, for approval of a change in zoning district from classification Suburban Development District (SD) to Planned Unit Development District (PUD), on the following described property, to wit: Legal Description: 10.00 acres in the J.S. Talmage Survey, Abstract 564, and being a part of Lot 36 of the Alllison Richey Gulf Coast Home Company Suburban Gardens Subdivision recorded in Volume 2, Page 98 of the Plat Records of Brazoria County, City of Pearland, Brazoria County, Texas General Location: Generally Located at the Southwest Corner of State Highway 288 and Beltway 8 Vice -Chairperson Iocco made a motion to approve, and Commissioner Ransom seconded. Minutes — P&Z 08/15/05 Page 3 of 8 PLANNING & ZONING COMMISSION There was minimal discussion between Vice -Chairperson Iocco and Ms. Krishnarao regarding staff recommendations. Ms. Sandars asked Mr. Kerry Gilbert to comment on the types of stores being brought in. Additional discussion continued between Commissioners/Staff/Mr. Gilbert. Vice -Chairperson Iocco amended the motion of the PUD with concerns to be dealt with by the City Council and Staff. The vote was 5-0 to approve. Chairperson Sandars called for the vote to accept the PUD with City recommendations to be dealt with the Council and staff, to approve the amendment. The vote passed 5-0. E. CONSIDERATION & POSSIBLE ACTION — Amending Plat No. 2 of Amending Plat No. 1 of Pearland Farms Section One A request by Jesus Vitela, Lentz Engineering, for Chase Lodge Corporation, owner, for approval of an Amending Plat for Pearland Farms Section One to replat nine existing residential lots into six larger lots. The property is located on the east side of Veterans Drive south of Magnolia, and is described as follows: 2.0594 acres out of the Amending Plat No. 1 Pearland Farms Section One, Vol. 23, Pg. 301-302, B.C.P.R. in the H.T. & B.R.R. Co. Survey, Abstract No. 508, City of Pearland, Brazoria County, Texas. Planner Ducroz stated that there were no outstanding items on this plat. Vice -Chairperson Iocco made a motion to approve, and Commissioner McWhorter seconded. There was no discussion between Commissioners/Staff. The vote was 5-0 for approval. F. CONSIDERATION & POSSIBLE ACTION — Final Plat of Silverlake Crossroads Phase 1 A request by Bryan Kennedy, PE, Jones & Carter, Inc., for CLMR Pearland, Ltd., and Chocolate Bayou Federal Credit Union, owners, for approval of a Final Plat of 2.7203 acres in the City of Pearland E.T.J. for one lot for commercial use. The property is located at the northeast corner of the intersection of S.H. 288 and C.R. 59, and is described as follows: A subdivision of 2.7203 acres of land out of the H.T. & B.R.R. Co. Survey, Abstract No. 300, Brazoria County, Texas. Minutes — P&Z 08/15/05 Page 4 of 8 Plaflhing & Zoning Commission Recommendation Letter September 1, 2005 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on Zone Change Application No. 1238, a request by Kerry R. Gilbert and Associates, Inc., applicant for Pearland Lifestyle Center, L.P., owner, for an amendment to the Land Use and Urban Development Ordinance of said City, for approval of a change in zoning district from classification Suburban Development District (SD) to Planned Unit Development District (PUD) Honorable Mayor and City Council Members: At their regular meeting of August 15, 2005, the Planning and Zoning Commission considered the request for a zone change from Suburban Development District (SD) to Planned Unit Development District (PUD), on the following property: Legal Description: 127.6954 acres total, described as: 88.6991 acres, out of Lots 6, 7, and 8; 9.00 acres out of Lot 3; 5.00 acres out of Lot 4; 5.00 acres out of Lot 3; 5.00 acres out of Lot 3; 5.00 acres out of Lot 4; all of the James Hamilton Survey; 9.9963 acres situated in the David White (Assignee of James Hamilton) Survey, Abstract 881, Harris County, Texas, being a portion of that certain 15 acre tract of land recorded in Volume 2309, Page 695, of the Deed Records of Harris County, Texas, City of Pearland, Harris County, Texas General Location: Generally Located at the Southwest Comer of State Highway 288 and Beltway 8 Commission Member locco made a motion to recommend approval of the zone change request, which was seconded by Commission Member Ransom. The motion to approve passed 5 — 0. The zone change was recommended for approval by the Planning and Zoning Commission. Sincerely, Planning and Zoning Commission Agenda Request 1238 DATE: TO: FROM: SUBJECT: CITY OF PEARLAND PLANNING & ZONING MEMORANDUM August 30, 2005 Nick Finan, Executive Director of Community Services Lata Krishnarao, Planning Director Promenade Shops at Shadow Creek PUD - Facade regulations for mixed -use developments in other cites This PUD was discussed at the Joint Public Hearing on August 15, 2005. At that meeting some members of the City Council had suggested that we look at other developments by Poag & McEwen to examine how the facade materials were regulated by other cities. Poag and McEwen, in their PUD for Pearland, have stated that conforming to the City's requirement of 100 masonry or glass facade for all portions of the facade visible from surrounding City streets would curtail flexibility and be burdensome. Therefore their PUD states: Building facades will be in keeping with those in existing "Lifestyle Centers" developed by Poag & McEwen, containing varied architectural styles and materials. Materials may include natural or man-made products consisting of brick, stone, glass, metal, wood, tile, resin concrete, canvas and stucco. Staff researched two of Poag & McEwen's developments - The Shops at Evergreen Walk in South Windsor Connecticut, and The Shops of Saddle Creek in Germantown, Tennessee and these are the findings: The Shops at Evergreen Walk in South Windsor, Connecticut. I spoke to the City Planner, Marcia Banach. She stated that the project was located in their Buckland Road Gateway Development Zone, one of the most restrictive in the town. The purpose of the zone is "to create an attractive entrance to South Windsor", similar to Spectrum district in Pearland. The permitted materials included brick, wood, sandstone, other native stone, textured concrete masonry units and glass. The prohibited material s included smooth -faced concrete block, tilt -up concrete panels, pre -fabricated steel panels, fiberglass or metal (excluding metal roofs). This applied to all exterior facades. The Town permitted high end EIFS for parts of the project after review by Architectural and Design Review Committee. In addition recesses and projections were required for at least 20% of the facade over 100 feet in length. All ground floor facades facing public streets required arcades; display windows, entry areas, awnings or other architectural features along a minimum of sixty (60) percent of horizontal length. Additionally, the project (all new multi -family and non-residential construction) required review and approval from the Architectural and Design Review Committee of the Planning Commission. The percentage of impervious coverage allowed for the entire site was 60%. The Shops at Saddle Creek in Germantown, Tennessee. I spoke to their Chief Planner, Wade Morgan. The City required that no more than one-third of the facades facing the streets be non - masonry. Their definition of masonry is very restrictive and includes only brick and stone. EIFS was not included in the definition of masonry. Individual tenants within the strip were afforded flexibility only after each facade was reviewed and approved by the Design Review Committee. I am enclosing some information on the two developments mentioned here and the proposed Promenade Shops at Shadow Creek from the Poag & McEwen website. Poag & McEwen http://www.pm-1 ifestyle. com/lifestyle_center/existing/evergreen/index.html POAG & McEWEN L;FESTYLE CENTE LIFESTYLE CENTERS • NEW OUR COMPANY •EXISTING MEDIA CENTER CONTACT US - THE SHOPS OF HOME SADDLE CREEK - THE SHOPS AT BRIARGATE - THE SHOPS AT EVERGREEN WALK • PREVIOUS THE SHOPS AT EVERGREEN WALK Located in South Windsor, Connecticut, The Shops at Evergreen Walk serves as the primary venue in a mixed -use development that will contain over 1.2 million square feet of retail, office, hotel, health club, and wellness facilities once completed. The economy here is fueled by growth in healthcare, biotechnology, education, financial services, small businesses, aerospace, and high technology. Nestled where 1-84, 1-384, and 1-291 converge, The Shops at Evergreen Walk takes advantage of an ever-growing economy, an affluent population, and tremendous regional accessibility. Now Open! For leasing information contact: Brian Smith bsmith@pm-lifestyle.com ti 1 } It O / } • T EVERGREEN WALK 501 Evergreen Way Suite 503 S. Windsor, CT 06074 (860) 432-3398 -Grand Opening - Store Directory - Fall Fashions 2004 -Location Map 2004 POAG & MCEWEN I SITE MAP 1 of 1 8/25/2005 5:42 PM Poag & McEwen http://www.pm-lifestyle.com/lifestyle_center/existing/saddle creek/index... POAG & McEWEN LIFESTYLE- CENTERS THE SHOPS OF SADDLE CREEK LIFESTYLE CENTERS • NEW OUR COMPANY. MEDIA. CENTER CONTACT US . HOME - EXISTING - THE SHOPS AT BRIARGATE - THE SHOPS OF SADDLE CREEK - THE SHOPS AT EVERGREEN WALK , PREVIOUS The first shopping center developed as a Lifestyle Center, The Shops of Saddle Creek in Germantown, Tennessee, is still one of the best. Its curving lines, archways and fountains, as well as its exciting mix of famous name shops and unique restaurants, have attracted the area's most affluent shoppers since 1987. Nestled in a community that includes the Memphis area's three wealthiest zip codes, The Shops of Saddle Creek has withstood the test of time and still serves as the key shopping destination in the greater Memphis area. For leasing information contact: Nick Garzia ngarzia@pm-lifestyle.com �7YC(lll� �f7Ni�ii3= Poplar © W. Farmington Germantown, TN 38138 (901) 761-7604 -Site Plan -Store Directory -Location Map -Center Website 2004 POAG & MCEWEN I SITE MAP 1 of 1 8/25/2005 5:41 PM Poag & McEwen http://www.pm-lifestyle.com/lifestyle_center/new/shadow creek/index.html M POAG & MCEWEN LIFESTYLE CENTERS. LIFESTYLE CENTERS OUR 'COMPANY MEDIA CENTER CONTACT UE . HOME r NEW - CENTERRA - DOS LAGOS -ORCHARD FALLS -SAUCON VALLEY -SHADOW CREEK - HIGHLAND UNIVERSITY SHOPS EXISTING PREVIOUS THE PROMENADE SHOPS AT SHADOW CREEK Positioned on a desirable growth curve at the intersection of State Hwy. 288 and Sam Houston Tollway (Beltway 8) in Pearland, TX, The PromInade Shops at Shadow Creek will surely capture the affluence and character of this increasingly emerging community. Located just minutes from downtown Houston and the Texas Medical Center, the world'e largest medical center, Poag & McEwen's newest Lifestyle Center, located rn a 1,030 acre business, technology, and residential mixed -use development, will provide the market with a'new and exciting alternative for retail, dining, and entertainment. For leasing information contact: Michelle Voss mvoss@pm-lifestyle.com The-Pratte+tide Sop atSHADOW CREEK General Information 901-531-8702 2005 POAG & MCEWEN I SITE MAP 1 of 1 8/25/2005 5:46 PM EXAMPLES OF OTHER P & G DEVELOPMENTS EXAMPLES OF OTHER P & G DEVELOPMENTS EXAMPLES OF OTHER P & G DEVELOPMENTS EXAMPLES OF OTHER P & G DEVELOPMENTS • r BUSINESS PARK PEARLAND,TEXAS 4. SPECTRUM DRIVE STREET SECTION 5' UTILITY EASEMENT DRIFTS OF TREES EVERY 100' 6' SIDEWALK 20 'LANDSCAPE EASEMENT 25' BLDG. SETBACK cee LL Z 0 in W ca 411) La II U.E. I U.E. 1 BLDG. ANDSCAP SETBACK ESNT. SPECTRUM DRIVE 6'SIfEWALK A!£DlANi 100'-0` R.O.W. 144.-0" TOTAL PARKWAY U.E. 20.-0• 25'-0 ANOSCAPE BLDG. £SMT. SETBACX ANOPY TREES 30' O.C. 0 CENTERLINE OF MEDIAN STREETLIGHTS 0 210' 0.C. JUNCTION BOX A PP ovf P ss- s 6-uo Fog- LKIRSPELTIuA Pub Page 65 of 91 S SAM HOUSTON PKWY ALLEN JUDY,LEY' ROBERTS•W F CAHOON C- W JR RILEY RD LTWAY 8 MARTINI _R• H pr MAYORTHO (3 LOTS) LORANCE SUSIE M BLUEBONNET PROP: STATEHWY$ :PUB TRANS STERLING ALBERT A JR THUROW NELLIE F STERLING -4I ALLEN DOROTI-IYATWATE n WOLFE ELSIE L ESTATE • %Misr 'ilk -ADAMS GEO C SHRINERSHOSPITALS, BROWN'BRADSHAW, LORANCE SUSIE.M MAYOR THOMAS H STUDE Mt II ESPINOZA DIANE.LEY' S SAM HOUSTO N 2 03 CO SUBJECT .; PROPERTY_ 200' NOTIFICATION LIMITS FRUGE PAUL °''DE GEORGE JOSEPH N 2 03 OWNERSHIP MAP N W�E Zone Change Application s No. 1238 0 500 1,000 Feet LIIII Map Prepared on July 29, 2005 *all property owners may not be shown due to limited space on the map; see the Listing for a complete list of all property owners TAX ACCOUNT 0451850000021 0451850000012 0451850000015 0451850000006 0451850000096 0451850000100 0451850000107 0451850000090 0451850000068 0451850000247 0451850000249 0451850000066 0451850000105 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MAYOR RICHARD B MAYOR JAMES M ZONE CHANGE APPLICATION NO. 1238 Property Owner Notification List 1306 E ANDERSON RD 5555 DEL MONTE DR APT 1306 6 N WEST OAK DR 2006 ELM CRST 5555 DEL MONTE DR APT 1306 6 N WEST OAK DR 2006 ELM CRST 5555 DEL MONTE APT 1306 6 N WEST OAK DR 2006 ELM CRST 5555 DEL MONTE DR APT 1306 6 W OAK DR 2006 ELM CRST HOUSTON HOUSTON HOUSTON SAN ANTONIO HOUSTON HOUSTON SAN ANTONIO HANKAMER HOUSTON SAN ANTONIO HOUSTON HOUSTON SAN ANTONIO TX TX TX TX TX TX TX TX TX TX TX TX TX 77047 TRS 3 & 4 BLK 2 (AG -USE) A 881 D WHITE 77056 .6666 U/D INT IN TRS 17 & 18 BLK 3 (3.00 AC) A 881 D ut 77056 .1667 U/D INT IN TRS 17 & 18 BLK 3 (3.00 AC) A 881 D Vl 78230 .1667 U/D INT IN TRS 17 & 18 BLK 3 (3.00 AC) A 881 D Ut 77056 .6666 U/D INT IN TR 21 BLK 3 (2.00 AC) A 881 D WHITE 77056 .1667 U/D INT IN TR 21 BLK 3 (2.00 AC) A 881 D WHITE 78230 .1667 U/D INT IN TR 21 BLK 3 (2.00 AC) A 881 D WHITE 77560 .6666 U/D INT IN TR 22 BLK 3 (1.00 AC) A 881 D WHITE 77056 .1667 U/D INT IN TR 22 BLK 3 (1.00 AC) A 881 D WHITE 78230 .1667 U/D INT IN TR 22 BLK 3 (1.00 AC) A 881 D WHITE 77056 .3500 U/D INT IN 4 & 12 BL 4 (9.2422 AC) A 881 D WH 77056 .3500 U/D INT IN 4 & 12 BL 4 (9.2422 AC) A 881 D WH 78230 .3000 U/D INT IN 4 & 12 BL 4 (9.2422 AC) A 881 D WH CITY OF PEARLAND PLANNING & ZONING JOINT PUBLIC HEARING ITEM DATE: August 2, 2005 TO: City Council and Planning and Zoning Commission FROM: Lata Krishnarao, AICP, Planning Director SUBJECT: Joint Public Hearing Regarding a Proposed Lifestyle Center Planned Unit Development (PUD) at the Southwest intersection of SH 288 and Beltway 8. The above referenced Planned Unit Development (PUD) is scheduled for a Joint Public Hearing on August 15, 2005. This item was discussed at a joint workshop of the Planning Zoning Commission and Council on July 18, 2005. Staff has been working with the applicant to address the issues that were brought up at the workshop. These have been discussed in this memo. The PUD document is attached for your review. The applicant will be available to make a presentation to the Council and the Commission at this public hearing and address questions and concerns. SUMMARY: - The subject property is located on the west side of SH 288 and south of Beltway 8. - The subject property is approximately 127 acres. - Upon build out, more than 700,000 square feet of retail space is anticipated in this Lifestyle Center. Lifestyle Center PUD — JPH 8/15/05 Page 1 of 9 25' LANDSCAPE RESERVE J, 10' EoPoS Geoss - Seur FriP P12 0 rnn.o A D 5 RE) 100' R.O.W. 25' LANDSCAPE jo RESERVE 10' W.S.E. PLANTING 4' MIN.I. AREA or 10 15 PROPERTY LINE 7' MIN. CANOPY HT.- 3' MAX. SHRUB HT. 25' WIDE REINFORCED CONCRETE WITH CURB & GUTTER 20'-30' WIDE MEDIAN 25' WIDE REINFORCED CONCRETE WITH CURB & GUTTER SP6c-t�eunJl D� 'NOTE: These dimensions will vary due to curvature of the streets. W.S.E. - WATER LINE/SANITARY SEWER EASEMENT NOTE: FOR ILLUSTRATION PURPOSES ONLY. REFER TO CONSTRUCTION PLANS FOR COMPLETE DETAILS AND SPECIFICATIONS W.S.E. 4' I' *MINA, PLANTING AREA ��— 1 0'-1 5' PROPERTY LINE SPECTRUM BLVD. & LEW BRIGGS RD. - TYPICAL CROSS SECTION EXHIBIT G - The subject property is currently zoned "SD" — Suburban Development District. - This Lifestyle Center PUD, called The Promenade Shops at Shadow Creek, is proposed to be an open-air shopping and entertainment complex featuring clustered buildings, pedestrian walkways and landscaping and will include retail shops, anchor stores, restaurants, hotel/motel, health clubs, spas, salons, entertainment venues, farmers' market, and other similar facilities. No residential uses are proposed in this PUD. - The proposed design features a winding main street with buildings alongside. This main street with parking on both sides would connect a series of plazas, water features and buildings. SURROUNDING ZONING AND LAND USES: North South East West N/A Zoning Land Use Beltway 8 and Northern City Limits Suburban Development District (SD) Suburban Development District (SD) and Commercial District (C) on the east side of S H 288 Suburban Development District (SD) Predominantly vacant A mix of uses including church, day care, commercial, retail and vacant land Predominantly vacant, single family residential CONFORMANCE TO THE COMPREHENSIVE PLAN: The Comprehensive Plan has designated this area as "Spectrum District" and recommends that this area "should be differentiated from the more general Business Park designation in order to identify it as a more unique area of the City." The development envisioned in the Comprehensive Plan would be comparable to The Legacy in Plano, The Arboretum in Austin, and The Woodland Town Center in the Woodlands. The Comprehensive Plan recommends a mix of uses including a regional mall, hotel and conference facilities, restaurants, theaters, research Tabs and high tech manufacturing, etc. The Comprehensive Plan also recommends that this area be developed as a distinct gateway announcing the City of Pearland and include a Lifestyle Center PUD — JPH 8/15/05 Page 2 of 9 comprehensive streetscape program with medians, street trees, cohesive lighting, pedestrian walkways, etc., with water features and view corridors. Therefore the proposed Planned Unit Development generally conforms to the Comprehensive Plan. CONFORMANCE TO THE THOROUGHFARE PLAN: The Thoroughfare Plan was recently updated to include a network of streets in this area. The subject property is bordered by Lew Briggs Road on the west and Spectrum Boulevard to the south. Lew Briggs Road: This is currently undeveloped with a 40-foot ROW. The Thoroughfare Plan proposes Lew Briggs Road to be a Major Collector with an 80- foot ROW. The PUD proposes a 100 ft ROW for Lew Briggs Road. Spectrum Boulevard: This is a proposed Secondary Thoroughfare requiring a ROW of 100 feet. The PUD proposes a 100-foot ROW for Spectrum Boulevard. Therefore the construction of Lew Briggs Road and Spectrum Boulevard meets or exceeds the requirements of the Thoroughfare Plan. No improvements are proposed on SH 288 and Beltway 8, which border the property on the east and the north side respectively. All other roads proposed within this development will be private roads. Additionally, the city is in the process of constructing of Kirby Road as a Major Thoroughfare with a 120-foot ROW that would connect Beltway 8 to Shadow Creek Parkway. Proposed North Spectrum Boulevard, a Secondary Thoroughfare of 100-foot ROW, will connect Kirby Road to Lew Briggs Drive. Overall, the proposed street layout conforms with the requirements of the Thoroughfare Plan. STAFF REVIEW COMMENTS: The following issues were identified as part of preliminary staff review and joint workshop. Staff has been working with the applicant on these items and the resolution of each is indicated in italics following the item. Underlined text indicates staff recommendations and comments that remain to be addressed. Recommended additions and deletions to sentences are indicated in bold and strike -out text. Comments discussed at joint workshop: 1) Maintenance responsibility of all proposed open spaces and amenities has not been clarified in the PUD document. The PUD does not clarify if any open space is being dedicated to the City? Addressed. No open space dedication to the City is proposed. Under Amenities/Open Spaces/ Landscaping (page 10) the PUD states that all of Lifestyle Center PUD — JPH 8/15/05 Page 3 of 9 the open space and amenity features will be privately owned and maintained. 2) Page 1 — Para 2. Last part of the last sentence states "and similar uses not consistent therewith [a "Lifestyle Center"]. This leaves the door open for a variety of issues. Should this be open or more tied down? Addressed. Language modified in page 1 to state "allowed as a permitted use" 3) Page 4 — Permitted Uses — The last sentence that states "Other uses not inconsistent with Uses By Right" may potentially cause some confusion. Should all uses be listed or a general reference to "all uses permitted in GB/C zone" is required. Addressed. Language modified in page 4, under Permitted Uses, to include uses allowed within the General Business (GB) District. 4) Page 4 — 2nd paragraph — The text mentions that 700,000 to 800,000 square feet of retail space is anticipated. The PUD does not provide an overall break down of types of uses. Is this a matter of concern? Addressed. The Development Agreement specifies a minimum of 700,000 square feet of retail space. This has been stated in page 4, 2nd paragraph. 5) PUD does not address any outdoor storage or display. Since this PUD does not have an underlying zone, is it assumed that outdoor storage is allowed? Partially addressed. A section on Display and Storage has been added in page 7. Staff recommends the following changes on Page 7 - Display and Storage. Line 1 - Add "Outside, open air or uncovered, storage and warehousing of s products within the Lifestyle Center will be prohibited except in the case of Farmers Market). Add what would be permitted in the Farmers' Market. 2nd paragraph, line 1 - Add, "exhibition or display of limited or special products is permitted." 2nd paragraph, last line — Specify setback of outdoor display from public roadway. Add - "display space not within 150' (?) of public roadway (ROW. Lifestyle Center PUD — JPH 8/15/05 Page 4of9 6) Please note that a Traffic Impact Analysis will be required at the time of platting and all resulting requirements need to be met. TX Dot permits would be required for traffic and circulation plan. Should the PUD mention this? The document implies that the driveway locations etc. are acceptable. Partially Addressed. Under Access/Mobility a section has been added on page 5, 2nd paraqraph reqardinq a TIA. Staff recommends that on Page 5 - 2nd paragraph, last sentence should include TXDOT. 7) Page 5 — The entire section on Subdivision Plats is not required. A note that "All requirements of the Subdivision Ordinance will to be met" would be sufficient. The Subdivision Regulations would govern the requirements of a subdivision plat. It is confusing to staff. Is this a concern? Partially Addressed. City Attorney's office has concurred with staff's earlier comment and has stated that no parcel/lot can be carved out and sold unless that exact configuration was shown on a plat. If their master plat does not have each lot laid out, then whenever they further subdivide to sell off lots they will have to plat those new lots. There is no way around that under state law or our ordinance. Therefore the language needs to be modified to reflect this. 8) Page 5 — Area Requirements: The PUD is proposing lots of 7000 square feet with no minimum requirements for lot width and depth. City's GB and C zones require a minimum of 22,500 square feet with a minimum lot width of 150' and depth of 125 feet. Is this a matter of concern? Addressed. As per joint workshop this is not a concern. 9) Page 5 — Yard Requirements — The PUD proposes a front setback of 25' along SH 288 and Beltway 8. It is not clear if these are building setbacks are for buildings or for parking. Needs to be clarified. Addressed. Page 6 clarifies that the setbacks are applicable to buildings and parking areas. 10)Page 6 — Third line — Please clarify that all other internal streets are "private." Partially addressed. Page 6 - Yard Requirements - Add (private) after "All other internal streets (private) and drives (private) - 0'. Lifestyle Center PUD — JPH 8/15/05 Page 5 of 9 11)Is it acceptable that they have a zero setback from internal private streets? (It is part of their theme it seems). Addressed. Council and P & Z agreed that this is OK along internal/private streets. 12)Page 6 — Fourth line — clarify if minimum distance between buildings is 30 or 15 feet. Text does not match the number. Addressed. Text changed to fifteen feet. 13)Page 6 — Parking and Loading — 3rd paragraph — indicate that in addition to parking spaces all the drives, aisle width and other aspects of parking will meet the City's requirements. Addressed. PUD states that parking and loading shall be subject to the provisions of chapter 21 of the Zoning Ordinance. 14)Page 6 — Lighting — Pole height is proposed to be 40 feet. Staff feels that this is excessive and heights of internal and peripheral poles be specified. There is no mention of lighting design standards. The previously approved LNR PUD had some requirements that site lighting match the lighting on Kirby etc. The pole height remains at 40 feet. 15)Page 7 — Walkway Lighting - Staff notes that height of walkway lighting is proposed at 20 feet. Typically it is lower, along the lines of 12 feet. Height of walkway lighting remains at 20 feet. Has specified that it will be "ornamental" lighting. 16)Page 7 — Signage - The sign section basically has no minimums or maximums for number, sizes, height, etc. Should this be better defined? The developer plans to submit a "signage Master Plan" for City Council's approval at a later date. All other reference to signage removed form PUD at this time. 17)Page 11 — Definitions a. Under "blade Signs" — indicate that these are perpendicular to the surface that they are mounted on. b. Include Out Parcel Building. Lifestyle Center PUD — JPH 8/15/05 Page 6 of 9 Partially addressed: Reference to Blade signs removed. Will be added under Signage Plan. Definition of "Out Parcel Building" needs to be included. 18)The PUD does not address screening of roof -mounted structures. Is this a concern? Addressed. Page 10, under "Utilities"- section on "Roof Mounted Facilities" has been added. 19)Page 9 — Utilities — Not sure if details need to be in the PUD. Just a statement that all utilities will be underground and will conform to City's requirements should suffice. Addressed. Details are included. First paragraph under "Utilities' states that all utilities shall be located underground. 20)Page 10 — Architectural Standards — Staff recommends that this be removed from the PUD and a statement be added that they will meet the requirements of the Land Use and Urban Development Ordinance. If they are seeking deviations, then those need to be mentioned. As presented the PUD refers to a "comprehensive set of architecture and design guidelines" that is not included in the PUD for review. Partially addressed. Page 11- The PUD refers to a set of architecture and design guidelines. The PUD does not state that those need to be approved by the City Council. It is staff's opinion that the language added regarding permitted materials is too broad and includes all materials. Staff recommends that based on the developer's past experience in centers like the proposed one, a general percentages be mentioned. For example — not more that "x" percent of facades will be metal or wood, or "signature" buildings would be exempt. "Signature" buildings would need to be defined. Such language will not only provide the flexibility that the developer is seeking but also safeguard City's interests and be consistent with the general requirements for Spectrum District. 21)Detention Areas — It is not clear what kind of treatment / amenities are proposed for these areas. Is this a concern? Partially addressed. Page 10 includes a section on Detention Facilities. Staff recommends that some guidelines for landscaping requirements be included to define "appropriate' better. For eExample - 2" caliper trees for every 15 foot frontage and shrubs at least 18 " high every 3 feet on center along public street or similar language. Lifestyle Center PUD — JPH 8/15/05 Page 7 of 9 22)Sidewalks, pedestrian walkways, pedestrian circulation are not shown. Partially addressed: It is not clear if the internal streets leadinq to the Main Street from Lew Briggs and Spectrum Drive will have sidewalks. Staff recommends that the sidewalks be provided toconnect sidewalks on Lew Briggs and Spectrum to sidewalks on Main Street for better pedestrian connectivity. 23)Street Standards, widths, cross -sections etc. are not mentioned. If deviations are not proposed then they would need to conform to City standards. Addressed. Exhibit has been included to show a cross-section for Main Street Driveway. Text on page 5, paragraph 1, refers to conformance with requirements of Development Agreement. 24)The PUD proposes that the development will be in compliance with the current codes. Since the UDC is being drafted and other codes might be modified in the future, should they be required to meet the development (landscaping, facades, signage parking etc.) and building codes in place at the time of approval/building permit? Partially Addressed. It was agreed at the workshop that the development would be required to meet the requirements of current standards in effect. Staff recommends that on Page 1 a note be added that unless otherwise specified in this PUD document all other requirements of all City Ordinances will be complied with. Additional Comments: 25)The LNR PUD, located to the west of the subject parcel had required a total cross-section of 144 feet for Spectrum Drive (designated as Secondary Thoroughfare). The increased cross-section was to accommodate additional 20-foot wide landscape easements on both sides of the 100' ROW. Staff recommends that the LNR PUD cross-section be followed and for Spectrum Boulevard and Lew Briggs Road a 20-foot landscape easements be included on either side for continuity and'consistency in this area. 26) Under Surface Rights (page 10) staff recommends that construction of small non -occupied structures such as kiosks, fountains, fire pits, signage etc. be prohibited from locating on water and sewer easements. 27)Utilities Plan — Staff recommends that the sewer line be extended southerly Lifestyle Center PUD — JPH 8/15/05 Page 8 of 9 along Lew Briggs Road and easterly along proposed Spectrum Boulevard (minimum 10" line) to service areas east of SH 288. 28) Site Plan Changes - Second sentence - Add italicized text. "....the various other requirements within the Lifestyle Center PUD and city ordinances and regulations shall not require a separate or additional approval process from the City Council or the Planning and Zoning Commission SUPPORTING DOCUMENTS: • Notice of Public Hearing • Zone Change Application • Location Map • Property Ownership Map • Property Owner Notification List • Zoning Map • Future Land Use Plan • Proposed Planned Unit Development Lifestyle Center PUD — JPH 8/15/05 Page 9 of 9 ZONING MAP Zone Change Application No. 1238 N W+ E 0 500 S I'''I 1,000 Feet I Map Prepared on July 29, 2005 FUTURE LAND USE PLAN Zone Change Application No. 1238 0 500 1,000 Feet W+E S Map Prepared on July 29, 2005 Planned Unit Development For The Promenade Shops at Shadow Creek Prepared For Pearland Lifestyle Center, L.P. Mcl .2/ up cori s trts -41- v 'c%i a, Prepared By: Kerry R. Gilbert & Associates, Inc. July 6, 2005August 1, 2005 Lifestyle Center PUD Introduction 1 II. Existing Conditions 2 • Site Description 2 • Surrounding Land Use 2 III. Goals and Objectives 3 IV. Project / Plan bescription 4 • Permitted Uses 4 • Access / Mobility 4 ESubdivision Plats 5 • Area Requirements 5 • Yard / Setback Requirements 55 • Site Plan Changes 6 • Parking / Loading Requirements 6 • Display and Storage 6 • Lighting 67 • Signage 77 • Amenities/Open Space/Landscaping 8 9 • Utilities 98 - Public (Water, Wastewater & Drainage) 9 - Dry Utilities (Power, Telephone, Gas & Cable) 9 • Architectural Standards 469 V. Definitions 11-0 VI. Exhibits 122 A. Area Map B. Survey C. Legal Description D. Site Plan E. Access/Mobility F. Utilities (Water, Wastewater & Drainage) G. Spectrum Blvd. and Lew Briggs Road (Typical Cross-section) H. Lifestyle Center "Main Street Driveway" (Typical Cross-section) July 6, 2005August 1, 2005 I. INTRODUCTION Pursuant to an Application for a Change in Zoning submitted by Pearland Lifestyle Center, L.P. ["Developer"], the following Planned Unit Development for The Promenade Shops at Shadow Creek ["Lifestyle Center PUD"] is hereby adopted and shall be applicable to the development of all property within the area of land described herein [the "PUD Property"]. The purpose of the Lifestyle Center PUD is to facilitate the design, financing, construction, leasing and sale of outparcels, in an open-air shopping and entertainment complex featuring clustered buildings with a consistent architectural style, pedestrian walkways and landscaping, providing a setting for retail shops, anchor stores, restaurants and other ancillary uses such as hotel/motel, health clubs, spas, salons, entertainment venues and similar facilities and other uses net inconsistent therewith [a "Lifestyle Center"].allowed as a permitted use. Unless otherwise specified in this document, the development will meet the requirements for all ordinances in effect at the time this do'cument is adopted. The provisions of this Lifestyle Center PUD Document shall be applicable to the area of land consisting of ± 127 acres and located in the southwest quadrant of the intersection of the Beltway 8 and Highway 288 interchange, within Pearland, Harris County, Texas [the "City"]. The Property is owned by Pearland Lifestyle Center, L.P. The Property is currently zoned SD, Suburban Development District. The proposed zoning is Lifestyle Center PUD. The location of the PUD is illustrated on the Area Map in exhibit section of this document and is more particularly described by metes and bounds in Exhibit "A". July 6, 2005 1 II. EXISTING CONDITIONS SITE DESCRIPTION The Lifestyle Center PUD occupies the southwest intersection of two of the greater Houston areas regional transportation corridors. The Sam Houston Tollway (Beltway 8) abuts the northern boundary of the subject property while its eastern boundary possesses frontage along the State Highway 288. Each of these roadways are limited access facilities maintained by the Texas Department of Transportation (Tx Dot). The subject property is situated approximately 1000' north of Clear Creek and, according to the most recent survey, lies within the 100 Year Flood Plain as determined by FEMA. However, preliminary FIRM map revisions indicate that the subject tract will be in Zone AE with the completion of certain drainage improvements. The site is currently vacant and unimproved, consisting primarily of flat coastal plains. Elevations on the property range from 53.5' to 57.3' with a mean average of approximately 54.5'. Other existing physical constraints affecting development of the property include: O 40' roadway easement (Lew Briggs.Road) traversing the property in a north -south direction. O 100' wide drainage easement along the far western boundary of the property, otherwise identified as the TxDOT drainage ditch. o ± 2.5 acre drill site located along the extreme western boundary of the property. o An out parcel (± .7 acre) located at the extreme northeast boundary of the site. A reduced version of the survey for the property (Exhibit "B"), as well as, a legal description of the property (Exhibit "C") is included within the Exhibit section of this document. SURROUNDING LAND USE Located in Harris County, the Lifestyle Center PUD is situated in a rapidly developing area in southern Harris County and northern Brazoria County which includes the S.H. 288 Corridor. Numerous large master planned communities are being developed in the vicinity, including Shadow Creek Ranch, a ± 3,500 acre development located South of Clear Creek. Other major developments in the vicinity include Country Place, Silverlake, Silvercreek, Southern Trails and Savannah, all of which are predominantly residential communities with some commercial development at key intersections. The Spectrum PUD is located in the area immediately west of the Lifestyle Center PUD. The Spectrum PUD consists of approximately 146 acres and proposes mixed land uses including retail, office, restaurants, warehouse/distribution and industrial. The Sam Houston Tollway (Beltway 8) and State Highway 288 provide a substantial buffer to the properties north and east of the Lifestyle Center PUD and are predominantly undeveloped at this time. The existing surrounding land uses can be seen on the Area Map (Exhibit "A") located in the exhibit section of this document. July 6, 2005 2 III. GOALS AND OBJECTIVES The goals of the Lifestyle Center PUD are to implement a uniquely designed retail and entertainment complex that will serve as one of the primary gateways to the City of Pearland and create a positive perception of the city as a whole. The anticipated design features are in concert with the City of Pearland Comprehensive Plan and include the following: o A distinct gateway announcing the City of Pearland. o A comprehensive streetscape program. o View corridors with water features and landscaping. o A cohesive signage program. o Buildings with aesthetically pleasing architectural design characteristics. o Buildings with varying setbacks arranged in a manner similar to other existing Poag & McEwen lifestyle centers featuring an eclectic architectural mix. o Pedestrian friendly sidewalks linking the unique retail experience with plazas and green spaces. o Adequate and convenient parking. The character of the Lifestyle Center PUD will be assured through guidelines for architectural and design aesthetics established and enforced by the developer. July 6, 2005 3 IV. PROJECT/PLAN DESCRIPTION The Lifestyle Center PUD is an open-air shopping and entertainment complex featuring clustered buildings that provide a unique setting for retail shops, anchor stores, restaurants and other ancillary uses such as, health clubs, spas, and other similar facilities and uses not inconsistent therewith. The unique design features of The Lifestyle Center PUD feature a winding main street through a series of buildings and shops, each with their own distinctive, yet complimentary, architectural style. The main street, with its accompanying parking and sidewalks, connect a series of plazas, water elements and other hardscape and landscape features providing multiple view corridors throughout the development. The individual buildings, with varying orientations and setbacks, enhance the overall architectural aesthetics of the project. Upon ultimate buildout, approximately more than 700,000 te--800,000-square feet of retail space is anticipated within the Lifestyle Center P.U.D. This is a minimum square footage per the development agreement. A preliminary site plan for the Lifestyle Center PUD is included in this development to illustrate the overall design concept and is subject to change in accordance with the provisions set forth in this document. PERMITTED USES The following uses are permitted by right ("Uses By Right") and such uses shall not require further approval: o ATMs, and other financial service kiosks and walk-up facilities; o Banks with or without drive up services; o Conference Centers; o Cultural facilities including art galleries, auditoriums, libraries and museums; o Instructional service providers and training centers; o Health clubs, spas, salons, gymnasiums and similar facilities; o Movie theaters, live theaters, and indoor and outdoor entertainment, and recreational venues which may include but not limited to music and comedy clubs, bowling, billiards, video games and other arcade type games. o Professional offices and related service providers; o Restaurants for sale and consumption of food and beverage, primarily on - premises (including the sale of alcoholic beverages) (including outdoor seating); o Retail food stores; farmer's market o Retail shops, department stores and retail service providers; o Taverns, pubs, bars and microbreweries (including outdoor seating). o Hotels and motels; o Medical or dental clinics; o Daycare Centers or pre-schools o Indoor qun and/or archery practice range o Uses associated with the licensing and permitting of weapons and o Other uses not inconsistent with Uscs By Right.allowed within the General Business (GB) District. The Lifestyle Center PUD will contain no residential lots or units. ACCESS / MOBILITY Direct Access to the overall Lifestyle Center PUD is provided via proposed Lew Briggs Road, proposed North Spectrum Boulevard and proposed Spectrum Boulevard. -The existing and proposed frontage roads serving the Sam Houston Tollway and S.H. 288 direct vehicular traffic to Lew Briggs Road and Spectrum Boulevard providing traffic circulation around the perimeter of the site. July 6, 2005 4 North Spectrum Boulevard will connect Lew Briggs Road with proposed Kirby Drive to the west. Kirby Drive currently possesses a grade separated interchange with the. Sam Houston Tollway and is proposed to continue south across Clear Creek providing a connection to Shadow Creek Parkway. All of the aforementioned streets are public streets. The remaining driveways and parking aisles within the Lifestyle Center PUD will be privately owned and, accordingly, will not be required to be constructed in accordance with the City's public street standards. These driveways and parking aisles will be privately owned and maintainedby the developer. The construction of the above mentioned public —projects are the subject of a municipal management district and development agreement between the City of Pearland and the developer of the Lifestyle Center PUD. Thc Their completion ensures adequate trafficcirculation and access for the project. A traffic impact analysis demonstrating the sufficiency of overall circulation system will be provided to the City of Pearland. All appropriate permits for streets and driveways, including those required by Tx DOT, will be obtained by the Developer with assistance from the City of Pearland and in accordance with the Development Agreement. Access to the internal parcels and/or lots within the Lifestyle Center PUD may be provided by way of public streets, private streets and/or driveways, easements or licenses. The proposed access and circulation system for the Lifestyle Center PUD can be seen on the Access/Mobility exhibit in the Exhibits section of this document. Typical plans and cross -sections for the public streets, as well as, a conceptual cross-section for the "main" street driveway areincluded in the Exhibit section of this document. Pathways constructed exclusively for pedestrian use provide connectivity from the parking areas to the "main street" retail shops, as well as, Spectrum Blvd. and Lew Briggs Road. A Subdivision Plat including the entirety of thc Lifestyle Center PUD will be submitted to the city illustrate all of the information typically required for subdivision plats by thc City of Pearland dimcncions see ges ctn Although thc Developer reserves the right to sell buildings and/or parcels in accordance with the City of Pcarland regulations for such sales, it is thc intent of the Developer to lease all of the building facilities for thc life of thc project. Thc !case or sale of parcels within thc overall Lifestyle Center PUD will not require thc submittal closing date for parcels not replattcd. AREA REQUIREMENTS o Minimum Lot/Reserve Size. Every lot/reserve within the Lifestyle Center subdivision shall be at least 7,000 square feet in area. o Minimum Lot/Reserve Width. Lot/reserve within the Lifestyle Center subdivision shall have no minimum width. o Minimum Lot/Reserve Depth. Lot/reserve within the Lifestyle Center subdivision shall have no minimum depth. July 6, 2005 5 o Maximum Impermeable Coverage. Maximum impermeable coverage shall be eighty-five percent (85%), and shall be calculated on the entire PUD property, not on a per lot/reserve basis. YARD (SETBACK) REQUIREMENTS With the exception of those parcels / lots situated adjacent to an external public street, front, rear and sideyard setbacks shall not be applicable within the Lifestyle Center PUD. Affable sSetback requirements measured from the right-of-way line of the below listed roadways shall be applicable to buildings and parking areas -ace as follows: o Sam Houston Tollway - 25' o S.H. 288 - 25' o Spectrum Boulevard - 25' o Lew Briggs Road - 25' o All other internal streets (private) and drives (private) - 0' The minimum distance between buildings shall be thirty -fifteen feet (15'), but there shall be no minimum distance between buildings housing restaurants or entertainment facilities clustered around a central plaza. SITE PLAN CHANGES The site plan in this document is included for the sole purpose of establishing a general concept as to the basic character and physical relationships of the planned uses and facilities. Adjustments to the site plan that do not introduce new public facilities and otherwise comply with the various other requirements within the Lifestyle Center PUD and other city ordinance and regulations in effect at the time this document is adopted shall not require a separate or additional approval process from City Council or the Planning & Zoning Commission. It is essential to the success of the Lifestyle Center PUD to maintain flexibility in the site plan process in order to respond to ever changing market conditions and retail demands. PARKING AND LOADING Parking and loading shall be subject to the general requirements of the provisions of chapter 21 of the Zoning Ordinance of the City of Pearland in effect at the time this document is officially adopted with the exceptions noted below. In an effort to simplify the parking calculation for multi -occupancy uses in a predominantly retail shopping center/mall environment while ensuring adequate off-street parking for the proposed uses, a minimum fixed ratio of 5 parking spaces per 1,000 square feet of floor area for the project as a whole, regardless of use, shall be required. This ratio is consistent with the current City of Pearland parking code for shopping centers, malls and other multi -occupancy uses over 3 acres in size. Hotels/Motels are excluded from the above fixed ratio and shall conform to the City of Pearland Code requirements in effect at the time this document is adopted. Parking adjacent to private streets and drives within the project (not public streets) shall not be considered "on -street" parking and will be allowed so long as the size of the spaces meet the minimum criteria established by the City of Pearland parking regulations Structured parking in the form of parking garages and decks are permissible in order to satisfy the off-street parking requirements set forth herein. July 6, 2005 6 Merchandise and passenger loading requirements shall meet the City of Pearland Code in effect at the time this document is adopted. DISPLAY AND STORAGE Outside storage and warehousing of surplus products within the Lifestyle Center PUD will be prohibited. The outside exhibition or display of products is permitted. The intent is to allow for the viewing and demonstration of large recreational vehicles and boats. The temporary display or promotion of smaller items shall be limited to a maximum of ten consecutive days. All other displays will be screened (not covered) utilizing material similar to those utilized for the primary structure. Permanent display areas shall not exceed 20% of the gross leasable area for a specific tenant and are not required to be covered, enclosed or within a certain distance of the building but shall be located more than 150 feet from the nearest public street. Required parking shall not be utilized for permanent display space. LIGHTING o General Requirements. - Lighting shall be a minimum maintained level of one foot (1') candle and shall not exceed an average of five foot (5') candles at any location within the Lifestyle Center PUD. - Pole height shall be limited to forty feet (40') above grade. - Standards, poles, and fixtures may be varied in design, color and height throughout the Lifestyle Center PUD, providing for different types of lighting for different applications. Creosote treated wood poles are prohibited. High pressure sodium lights are prohibited throughout the project. O Vehicular Circulation And Parking Areas. - Any light used to illuminate or identify a parking or a loading area shall be placed so as to reflect the light away from the adjacent dwellings and so as not to interfere with traffic control devices. - Fixtures shall be selected and configured so as to avoid direct glare onto adjacent properties or adjacent public streets. - Minimum Tight level within parking areas shall be one foot (1') candle during hours of business operation. O Walkway Lighting. Ornamental wwalkway lighting shall be comprised of standard, pole, bollard and wall mounted fixtures, limited to twenty feet (20') above grade. O Accent Lighting. July 6, 2005 7 - Up -lighting shall be consoled or positioned to screen the light source from adjacent property. - Floodlighting or spotlighting of architecture, graphics, or natural features shall not create spillage of light onto adjacent property or public streets. o Maintenance. Each owner of PUD Property shall maintain the lighting in the Lifestyle Center PUD, including, but not limited to, replacement of bulbs, repairs and routine maintenance. SIGNAGE. A "Signage Master Plan" illustrating the size, location, number and type of signage to be erected within the Lifestyle Center PUD will be prepared by the Developer and submitted to the Pearland City Council for their approval. This section shall be applicable to all signs erected within thc Lifestyle Center PUD as it may be all Lifestyle Center Signagc shall also bc subject to thc provisions of Chapter 21 of thc Zoning Lifestyle Center PUD and Chaptcr 21 of thc Zoning Ordinance of thc City of Pearland, the terms of thc Lifestyle Center PUD shall control. eTypec of Signage—The #dewing types -of cignage shall bo permitted within th„ Lifestyle Ccntcr PUD: Illuminated Building Signs. All types of lighting shall bc permitted. Illuminated bull ling sin �I he lintel tc two (2 rc fnn+ f �mrm^�"' y' 'u9v r.-v� �v�wv� rccc-vr cignage arctia per lineal foot of occupants' building frontage. Occupants' building frontage will be measured from center of demising wall to center of demising wall. Where an occupant has more than one (1) building frontagc, signagc size limitations will be applied to each occupant's building frontage separately. Blade Signs. Blade Signs shall be permitted for occupant identification pu nl„ and shall he orl tc ens (1) Bladn Sign_pper p c entranee-w here publie-foot traffic c s. de Sin c sh ll hcI' itcd + h"'.. V�RT�rTIV�eGTIT alT� TTTiT[ ZV T-wo /vc� rc' 0") sguaro feet-per-faee-and shalll bo of cizo and ypo ac determined by Developer. Except where a blade sign is considered an illuminated Building Sign (a primary Tenant sign) blade sign will bo non illuminated panel signs with dimensional copy suspended from a decorative bracket attached to the building, typically upon a merchant's ctoref ront. Window Sinn+ _ Pcrma„ent window-signage shall he permitted within the Lifestyle Ccntcr PUD covering up to twenty five percent (25%) of the windi,dow-arrea of aahssinoso fame. Winds nc am limitod to graphic case arc "OPEN" signs or illuminated signs allowed to bc suspended tehiaTiig-within the storonrentti vPoninngs- Project Identification Sianage. One (1) double faced or two (2) single faced project identification ground signs shall be permitted at each entraanec cL-ifostylo Tonto'. Each p -efeet idnnfificatinn sign shall be limited to one hundred fifty (150) square feet of sign area per face. July 6, 2005 8 Praiaet idon+ifica+in gro, nd hall h + + d + I comN atihlo with the buildin a+ ols d h•+ + I f + f th signs, no me than two (2) roject identification highway signs not Center PUD. Said project identification highway signs shall be constructed of materials and shall contain architectural features, architect al foatures of tho I ifostylo Co + h ild' Outparcel Ground Signs. In addition to illuminated building signs hundred (100) s „or f t of na r Other T •es of Si•nase. In addition to the foregoing signagc, the , temporary-signage-for-special evonts all in aeeerdance ith the depictions set forth on —the Signage Master Plan In-addition,othor roasenably dctorminn Sign Area. Sign arca shall be thc area contained within a single rectangle circumscribed around the entire text and graphics of the sign. Sign area limitations shall be determined with respect to each type of signago to all types of signagc permitted. Internally illuminated, ground lit er halo lit lot+ r t+ d An internally illuminated sign shall have an opaque background with translucent letters. _ r d I' hti n h Il h aivQrta rianuno�r,uu vc QO,fGGalGlt h l u r+ r r! f - All ballasts7trtra,nsformcrs, and-cenduits shall be concealed. oln-I ine Building S;ggns nss en buildings witch multlplo tenants l bo compatible with thc Developer's standards for thc shopping center and may vary or placed in a graphic band on awnings. Graphic bands shall have a maxim„m hoieh+ of throo font (3'1 b„t m h tali f ndividu I tenant with more than ten thousand (10,000) square feet of groes leasable arca. , Light sources for externally lit signs shall be concealed. July 6, 2005 9 All ballasts, transformers, and conduits shall be concealed. Sign raceways are st" tl hibit a AMENITIES / OPEN SPACES / LANDSCAPING One of the primary goals the Lifestyle Center PUD is to create an environment where the overall architectural style (hardscape and landscape) serve to enhance the retail shopping experience. This is accomplished via the implementation of a carefully planned collection of individual stores, restaurants and entertainment venues that are connected by both vehicular and pedestrian corridors. These corridors contain architectural elements and amenities that include open spaces, water features, plazas, fountains, sculpture, benches and a variety of landscaping. Landscaping along the perimeter roadways, boulevard entrance and parking lot islands complement these hardscape features. The conceptual site plan illustrates the approximate location and intensity of these landscape and hardscape features. All of the open space and amenity features within the Lifestyle Center PUD will be privately owned and maintained. As a minimum, the Lifestyle Center PUD will meet the standards set forth within Chapter 22 of the Pearland Land Use and Urban Development Ordinance in effect at the time this document is officially adopted. UTILITIES • Underground Utilities. All utility facilities (including, but not limited to electric, telephone, cable television, water, gas, drainage, sanitary sewer and storm sewer) within the Lifestyle Center PUD shall be located underground. To the extent that any utility facility, for engineering or other compelling reasons, must be located above -ground (such as transformers, meters and similar facilities), such utility facility shall be located, subject to the mutual consent of the utility service provider and the Developer, in an area calculated to avoid and/or minimize public view and shall be located within an enclosed service court or screened in a manner approved by the Developer. • Utility Easements. All utility facilities shall be located within utility easements, granted by the Developer and recorded in the Land Records of Harris County Texas prior to commencement of the delivery of service through said utility facilities. All such utility easements shall lie in specific areas of the Lifestyle Center PUD designed for efficiency of construction and use. Easements may be shared by more than one (1) utility, so long as all reasonable separation requirements are observed. • Roof Mounted Facilities. Roof mounted equipment and other facilities shall be positioned or screened so as to not be visible from the foundation grade of the buildings on which they are installed. • Surface Rights. Except for surface rights that may be specifically granted in an easement agreement (such as surface rights for above -ground facilities, access and maintenance), grantees of utility easements shall have no surface rights in utility easement areas. Accordingly, there shall be no prohibition of paving, landscaping or the construction of small non -occupied structures such as kiosks, fountains, fire pits, signage or other similar amenities on the surface of utility easement areas. The foregoing notwithstanding, however, no buildings to be occupied by persons or for long term storage of goods may be constructed on the surface of utility easement areas. All construction over a public water or sewer easement must be approved by the City of Pearland Engineer. July 6, 2005 10 • • Detention Facilities. Drainage detention facilities will be constructed and maintained in such a manner so as to ensure their primary function as a flood prevention system. Where the detention facilities abut public streets, landscaping will be installed to enhance their aesthetic quality. As a minimum, for every 30 feet of frontage along the public street, one 4" caliper tree shall be planted. Additionally, for every 3 (three) feet of frontage, one shrub at least 18" in height shall be planted. These requirements establish quantities only and are intended to allow for alternative grouping and planting styles. The size and location of the trunk utilities (water, wastewater & drainage) planned to serve the Lifestyle Center PUD are illustrated on the Utilities Exhibit (Exhibit "G") in the exhibit section of this document. ARCHITECTURAL STANDARDS In an effort to promote and preserve the aesthetic quality, continuity,.theme and character of the Lifestyle Center PUD, the developer will prepare a comprehensive set of architecture and design guidelines that will serve as the basis for all construction and development within the project. The guidelines will address issues including, but not limited to, architectural style, color, building materials, landscaping, signage and parking. Building facades will be in keeping with those in existing "Lifestyle Centers" developed by Poag & McEwan, containing varied architectural styles and materials. Materials may include natural or man-made products consisting of brick, stone, glass, metal, wood, tile, resin concrete, canvas and stucco. The architecture and design guidelines will be applicable to all structures and accompanying infrastructure designed within the boundaries of the Lifestyle Center PUD. No building shall be constructed without approval of the developer. Otherwise, aAll buildings constructed within the Lifestyle Center PUD shall.be constructed in accordance with the. City of Pearland Building Code in effect at the time this document is adopted. PHASING / DEVELOPMENT SCHEDULE The project is scheduled to be completed in multiple phases of construction with the initial phase beginning in the fall of 2005. Completion is anticipated in the first quarter of 2008. July 6, 2005 11 V. DEFINITIONS Any term used in this Lifestyle Center PUD Document which is defined in Chapter 3 of the Zoning Ordinanceofthe City of Pearland shall have the meaning ascribed to it in Chapter 3 of the Zoning Ordinance of the City of Pearland. All other terms defined in this Lifestyle Center PUD Document shall have the meaning ascribed to them in the Lifestyle Center PUD Document. oBlado Sign A two M\ fanod s n oxtonding vortinally on tho faro of a b, ildinn o City. Pearland, Harris County, Texas. o Developer. Pearland Lifestyle Center, L.P. o Development Agreement. The agreement entered into December 20, 2004 between the City of Pearland, the Pearland Economic Development Corporation and Poag & McEwen Lifestyle Center — Houston, LLC. which addresses certain proiect development and infrastructure issues. o Farmer Market. A farmers' market is one in which farmers, growers or producers from a--definedthe local area are present in person to sell their. .own produce, direct to the public. Products sold typically have been grown, reared, caught, brewed, pickled, baked, smoked or processed by the stallholder. The `sale of livestock is prohibited. Unique arts and crafts by local artisans are also an integral part of the farmers market experience nadand may include furniture, clothing, paintings, sculptures and numerous other handmade objects. Examples of items displayed and sold at farmers market include:. Baskets and containcrG o Arts and crafts o Specialty clothing o Specialty furniture o Baskets and containers o Plants and vegetables o Shrubs and trees o Flowers (fresh and artificial) o Jams, jellies and honey o Breads and pastries o Fresh seafood, including fish and shellfish o Specialty cheeses o Fresh eggs o- Fresh meat, including beef, pork, chicken and turkey o Fresh and dried herbs o Smoked meats, jerky and sausage o Prepared food o In -Line Buildings. Buildings containing multiple retail bays and designed to be occupied by multiple retail tenants. o Lifestyle Center. An open-air shopping and entertainment complex featuring clustered buildings with enhanced architectural finishes and pedestrian friendly walkways and landscaping, providing a setting for retail shops, anchor stores, restaurants and other ancillary uses such as movie theaters, health clubs, spas, salons and similar facilities and other uses not inconsistent therewith. o Lifestyle Center PUD. Planned Unit Development for the Promenade Shops at Shadow Creek Ranch. July 6, 2005 12 o Lifestyle Center PUD Document. This document, and all other exhibits to this document and all duly executed amendments to any of the foregoing. ()Lifestyle Center Signage. All signs erected within the Lifestyle Center PUD and any other signs which may be permitted or crcctcd to idcntify, provide direction te eor othorwiso in nction with tho I ifoctyle Cnntcr o New Public Facilities. Dedicated public roadways and trunk water mains, trunk sanitary sewer lines and trunk storm sewer lines (not lateral connections.) o Planning and Zoning Commission. The Planning and Zoning Commission of the City of Pearland, Texas. o PUD Property. All property lying within the area of land described in Exhibit "C" to this Lifestyle Center PUD Document. o Uses by Right. Uses permitted by right set forth in Section IV that shall not require further approval. July 6, 2005 13 VI. EXHIBITS A. Area Location Map for Lifestyle Center PUD B. Survey C. Legal Description D. Site Plan for Lifestyle Center PUD E. Mobility Plan for Lifestyle Center PUD F. Utilities Plan for Lifestyle Center PUD G. Spectrum Blvd. and Lew Brims Road (Typical Cross-section) H. Lifestyle Center "Main Street Driveway" (Typical Cross-section) July 6, 2005 14