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HomeMy WebLinkAboutOrd. 2000M-0026 2006-12-11ORDINANCE NO. 2000M-26 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 2000M, THE ZONING MAP OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY, LOCATION BEING 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), (ZONE CHANGE APPLICATION NO. 2006-39Z), FROM PLANNED DEVELOPMENT DISTRICT (PD) TO PLANNED DEVELOPMENT DISTRICT (PD), AN AMENDMENT TO THE EXISTING PLANNED DEVELOPMENT DISTRICT (PD), AT THE REQUEST OF KERRY R. GILBERT AND ASSOCIATES, INC., APPLICANT FOR PEARLAND LIFESTYLE CENTER, LP, OWNER, PROVIDING FOR AN AMENDMENT OF THE ZONING DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. WHEREAS, Kerry R. Gilbert and Associates, Inc., applicant for Pearland Lifestyle Center, LP, owner, filed on November 2, 2006, an application for amendment to Ordinance No. 2000M, the Zoning Map of the City, for approval of a change in the zoning district, said property being legally described in the original applications for amendment attached hereto and made a part hereof for all purposes as Exhibit "A"; and WHEREAS, on the 27th day of November, 2006, a Joint Public Hearing was held before the Planning and Zoning Commission and the City Council of the City of Pearland, Texas, notice being given by publication in the official newspaper of the City, the affidavit of publication being attached thereto and made a part hereof for all purposes, as Exhibit "B", said call and notice being in strict conformity with provisions of ORDINANCE NO. 2000M-26 Section 1.2.2.2 of Ordinance No. 2000T; and WHEREAS, on the 5th day of December, 2006, 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, LP, owner, whereby the Commission recommended approval of the change of classification for the described property from its existing classification of Planned Development District (PD) to Planned Development District (PD), an amendment to the existing Planned Development District (PD); 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 December 11, 2006; and WHEREAS, the City Council having fully heard the testimony and argument of all interested parties, and having been fully advised in the premises, finds that in the case of the application of Kerry R. Gilbert and Associates, Inc., applicant for Pearland Lifestyle Center, LP, owner, presented which, in the judgment of the City Council, would justify the approval of said application; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section I. The following described property located within the corporate City limits of the City of Pearland, Texas, and presently classified as Planned Development District (PD) is hereby zoned to Planned Development District (PD), an amendment to the existing Planned Development District (PD), in accordance with all conditions and requirements listed in the Planned Development (PD) Document, also known as Exhibit "C" attached hereto and incorporated for all purposes, such property being more particularly described as: Page 2 of 4 Ord No 2000M-26 ORDINANCE NO. 2000M-26 127.6954 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) Section II. The City Council of the City of Pearland finds and determines that the recitations in the preamble hereof are true and that all necessary prerequisites of law have been accomplished and that no valid protest of the proposed change has been made. The City Council further finds and determines that there has been compliance with the mandates of law in the posting and presentation of this matter to the Planning and Zoning Commission and to the City Council for consideration and decision. Section III. The City Council of the City of Pearland finds and determines that the amendment adopted herein promotes the health, safety, and general welfare of the public and is a proper valid exercise of the City's police powers. Section IV. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section V. All rights and remedies, which have accrued in the favor of the City under this Ordinance and its amendments thereto, shall be and are preserved for the benefit of the City. Section VI. The City Secretary is hereby directed to cause to be prepared an amendment to the official Zoning District Map of the City, pursuant to the provisions of Page 3 of 4 Ord No 2000M-26 ORDINANCE NO. 2000M-26 Section 2.3.2.2 of Ordinance No. 2000-T and consistent with the approval herein granted for the reclassification of the herein above described property. Section VII. This Ordinance shall become effective after its passage and approval on second and final reading. PASSED, APPROVED, and ADOPTED on First Reading this 11 `" day of December, 2006. TOM REID MAYOR ATTEST: PASSED, APPROVED, and ADOPTED on Second and Final Reading this 11 `" day of December, 2006. MAYOR ATTEST: UNG ITY Si RETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY Page 4 of 4 Ord No 2000M-26 Exhibit "A" Application and Map Ordinance No. 2000M-26 APPLICATION FOR A CHANGE IN ZONING Please check one: ® Change in Zoning Classification from: PUD to: City of Pearland Community Development 3523 Liberty Drive (Community Center) Pearland, Texas 77581 281-652-1768 281-652-1702 fax www.cityofpearland.com PUD- Amendment (list current zoning) (list proposed zoning) El Specific Use Permit Request for : (list proposed use) Property Information: Address: SW Corner of SH 288/Beltway 8 South Tax Account No. Subdivision: See original PUD See original PUD 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: PROPERTY OWNER INFORMATION: APPLICANT INFORMATION: NAME Pearland Lifestyle Center, LP ADDRESS 6410 Poplar Avenue, #850 NAME Kerry R. Gilbert & Associates, Inc. ADDRESS CITY Memphis STATE TN ZIP 38119 CITY STATE PHONE((901) 731-7604 FAX((901) 76jI-5325 E-MAIL ADDRESS brogers@pm-lifestyle.com PHONE( (281) 57p-0340 FAX( (281) 57p-8212 Tx E-MAIL ADDRESS landplan@krga.com ZIP 77084 PETITION: As owner/agent, I hereby petition the City of Pearland for approval of the above described request as provided for by the laws of the State of Texas and ordinances of the City of Pearland. I certify to the best of my knowledge that this is a true description of the property upon which I have requested the above checked action. I understand that I am fully resporpsible for the correctness of the legal description given. Owner's Signature: Agent's Signature: Date: Date: 1/44 //- OFFICE USE ONLY: PAID: If CPOO9- PAID:l/l p�V it' RECEIVED BY: APPLICANUMBERTION n��' n ATION IS CONSIDERED INCOMPLF WITHOUT A METES AND BOUNDS DESCRIPTION OR SURVEY AND THt APPLICATION FEE*** Updated 10-29-04 LOCATION MAP Zone Change No. 2006-39Z N W�E S 0 300 600 Feet Bill I Map Prepared on November 16, 2006 Exhibit "C" Planned Unit Development Ordinance No. 2000M-26 LIFESTYLE CENTER PUD ' a va•••• — Pearland, Texas • 4- • • .44 4 .1 4 • A 4 , id 4 A A tr A 4 ,4 • ; 4 • • A 44 • " • *. • • 4 • 1. 4 a A t j a 4 a a , 4 4 +1)-",i Kerry R. Gilbert & Associates. Inc 149411)069 Amendment to the Planned Unit Development For DEC 1 2006, The Promenade Shops at the Spectrum Prepared For Pearland Lifestyle Center, L.P. Prepared By• Kerry R Gilbert & Associates, Inc Adopted December 11, 2006 Ordinance No 2000M-26 Lifestyle Center PUD 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 5 • Area Requirements 5 • Yard / Setback Requirements 6 • Residential Uses 6 • Site Plan Changes 7 • Parking / Loading 7 • Display and Storage 8 • Height Restrictions 8 • Lighting 8 • Signage 9 • Amenities/Open Space/Landscaping . 9 • Utilities 10 - Public (Water, Wastewater & Drainage) 10 - Dry Utilities (Power, Telephone, Gas & Cable) 10 • Architectural Standards 11 • Phasing/Development Schedule 12 V Definitions 13 VI Exhibits 15 A Area Map B Survey C Legal Description D Site Plan E Access/Mobility F Utilities (Water, Wastewater & Drainage) G Spectrum Blvd and Promenade Shops Drive (Typical Cross-section) H Lifestyle Center "Main Street Driveway" (Typical Cross-section) I Residential Units Exhibit J Open Space/Amenities Exhibit K Pedestrian 'Circulation' Exhibit L Detention Amenity Exhibit M Phasing Plan N Conceptual Illustrative Plans 1 Main Street Looking South 2 Central Amenity Lakes Looking West 3 Main Street Looking North 4 Overall Perspective 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 a mixed use 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, residential units 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 on October 10, 2005, the adoption date for the original PUD The residential components of this PUD shall conform to the City of Pearland's Unified Development Code unless otherwise noted in this document 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" 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 (TxDOT) 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 acres) 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 Brazona 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 2 III. GOALS AND OBJECTIVES The goals of the Lifestyle Center PUD are to implement a uniquely designed retail, residential 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 3 IV. PROJECT/PLAN DESCRIPTION The Lifestyle Center PUD is a mixed -use, open-air shopping and entertainment complex featuring clustered buildings that provide a unique setting for retail shops, anchor stores, restaurants, residential units 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 614,000 square feet of retail space, 100,000 square feet of hotel space and approximately 300,000 square feet of residential space (maximum 350 units) is anticipated within the Lifestyle Center P U D 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 microbrewenes (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 Multi -family residential units o Other uses allowed within the General Business (GB) District 4 ACCESS / MOBILITY Direct Access to the overall Lifestyle Center PUD is provided via proposed Promenade Shops Drive, 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 Promenade Shops Drive and Spectrum Boulevard providing traffic circulation around the perimeter of the site North Spectrum Boulevard will connect Promenade Shops Drive 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 All appropriate permits for streets and driveways, including those required by TxDOT, 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 Promenade Shops Drive and the public "Pedestrian Park" surrounding the detention pond located at the southwest corner of the project Additionally, after consultation with the appropriate transit authorities, including the Houston Independent School District, a bus shelter site will be selected and, at their request, a bus shelter constructed in accordance with their service route 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 5 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 Promenade Shops Drive — 25' o All other internal streets (private) and drives (private) — 0' 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. RESIDENTIAL USES In keeping with the design goals of the City of Pearland 2004 Comprehensive Plan Update, a limited amount of residential units are proposed for the Lifestyle Center PUD True to the mixed - use theme contemplated by the Comprehensive Plan, these residential units are not typical suburban garden apartments, but are planned and designed as a vertical mix (2 and 3 story residential over ground floor retail) becoming an integral component of the Lifestyle Center Master Plan Residential over retail along the "main street" corridor, as well as, town homes and flats facing the lake make these "urban lifestyle" units unique and compatible to the overall Traditional Neighborhood Design concept The "Residential Units Plan" located in the Exhibits section of this document illustrates the location of the residential units with the Lifestyle Center PUD No more than 350 residential units will be constructed within the Lifestyle Center PUD It is anticipated that the mix these units is as follows O 3 Bedroom Units — 35 (10%) O 2 Bedroom Units — 140 (40%) O 1 Bedroom Units — 175 (50%) The percentage mix of residential units may be altered in response to market conditions so long as the maximum of 350 units is not exceeded The construction of the residential units will conform to the City of Pearland building and fire codes in effect at the time this document is officially adopted Occupancy of these units will not be allowed prior to the completion of the public park Because the residential units proposed are true mixed -use "lifestyle" type units integrated with the commercial elements of the project, the open space provided for the project as a whole also serves the residential component. The lakes, plazas, landscape, pedestrian trails and public art and fountains are part of the overall mixed -use theme that provides the unique living and working environment The nature, function and design of these features does not permit them all to be within 300 feet of the residential units and, therefore, an exemption from the "300 feet rule" is warranted 6 The courtyards associated with the residential component of the Lifestyle Center will be for the exclusive use of the residential tenants and consists of approximately 1 8 acres or 218 square feet per residential unit These are located above the retail (except for the townhomes situated adjacent to the lake) and can be seen on the Master Site Plan and the Conceptual Illustrative Plans located in the exhibit section of this document When considering the open space for the project as a whole, more than 61 acres or over 7,600 square feet per unit is available to the residential tenants In terms of open space required by the UDC for multi -family residential (900 square feet per unit or 7 2 acres for 350 units), a total of 16 0 acres meeting the UDC definition is being provided within the project_ Amenities and open space for the entire project are discussed in the amenities/open spaces/landscaping section (p 9) Parking for the residential component of the Lifestyle PUD will be provided at the following ratios 3 Bedroom — 2 5 parking spaces/unit 2 Bedroom — 2 0 parking spaces/unit 1 Bedroom — 1 3 parking spaces/unit At the current projected unit mix, this would result in an average number of 1 7 parking spaces or 595 spaces for the 350 proposed units Changes in the unit mix would require compliance with the above stated parking ratios 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, (for non-residential uses) 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 7 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 HEIGHT RESTRICTIONS The maximum height for buildings within the Lifestyle Center PUD shall be 68' as measured per the definitions specified in this document This height restriction includes retail and residential buildings, including those built in combination with one another Hotels, office buildings and accent structures, architectural towers and feature elements may be a maximum of 75 feet high Flag poles atop the aforementioned structures may be a maximum of 30' in height 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 8 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 Tight 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 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 private open space and amenity features within the Lifestyle Center PUD will be privately owned and maintained Public parks and amenity areas shall be maintained by a municipal management district in accordance with the Development Agreement between the City of Pearland and the developer of the Lifestyle Center PUD Overall green space, parks and other amenities, including required open space, accounts for 48 4% (+ 61 8 acres) of the overall gross area within the Lifestyle Center PUD This area includes greenbelts, lakes, detention facilities, pedestrian trails, pathways, courtyards, plazas, esplanades and parks Internal parking lot islands and landscape areas are excluded from this calculation In accordance with the requirements of the City of Pearland Unified Development Code which requires one acre of park land dedication for every 100 residential units (3 5 acres), a 5 9 acre public park is being dedicated to the City of Pearland in lieu of impact fees The park land is located around the detention facility located at the southwest perimeter of the project, west of Promenade Shops Drive and is exclusive of side slopes and lake Improvements to the park are to include a 8' wide pedestrian pathway/trail around the + 15 acre water feature, a total of 4,800' in length The trail will be constructed of a crushed stone material Other improvements for the park include landscaping and a series of exercise stations strategically located in the exercise area located in the southwest corner of the park As a minimum, for every 30 linear feet of trail, one 4" caliper of tree shall be planted Additionally, for every 3' of trail, 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 9 As the area continues to develop, future improvements to the public park may include lighting, benches, water fountains and other appurtenances as mutually agreed upon by the City of Pearland and the municipal management district and funded solely by the municipal management district as provided for in the Development Agreement The size and location of this park facility will not only serve the residential tenants within the Lifestyle Center PUD but the tenants of future projects within the Spectrum District and will be completed prior to the occupancy of the residential units within Phase 1 B of the project Overall, the green space, parks and other amenities within the Lifestyle PUD breaks down as follows Private Green Space/Amenity Areas o Amenity Lakes/Detention 20 4 Ac o Dry Detention Basin 4 2 Ac o Required Setback Areas 4 8 Ac (25' adjacent to surrounding thoroughfares) o Pedestrian Pathways 10 5 Ac (Excludes Public Park) Sub -Total: 39.9 Ac Public Park 5 9 Ac Sub -Total 5.9 Ac Open Space* (As defined by UDC) Private parks, play lots, plazas and ornamental areas 14 2 Ac • Private courtyards (Residential Areas) 1 8 Ac Sub -Total *16.0 Ac. Total Amenity Areas. 61.8 Ac. *Open space required for multi -family residential component of project = 7 2 Acres These areas can be seen on the open space/amenity exhibit (Exhibit J ) 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 The residential component of the PUD will conform to the City of Pearland Unified Development Code unless otherwise noted in this document 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 10 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 at -grade lanes of SH 288 and Beltway 8 (Excludes above grade ramps and overpasses) Screening shall occur below the maximum height of the buildings as specified in this document • 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. 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 "F") 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 11 PHASING / DEVELOPMENT SCHEDULE The project is scheduled to be completed in three phases of construction with the initial phase (1A) beginning in the Spring of 2006 Phase 1B construction will follow shortly there after in the Spring of 2007. Phase II is dependent upon market forces but is anticipated to begin construction in the Summer of 2008 Completion of Phases 1A and 1B are_anticipated in the Summer of 2008 The Phasing Plan in the exhibits section of this document delineates the boundary between the phases, including the amenities to be included within the initial phase 12 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 o Developer Pearland Lifestyle Center, L.P o Development Agreement The agreement entered into December 20, 2004 along with any subsequent amendments 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 and 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 Building / Structure Height The term building height shall mean the vertical distance from the grade level at the front of the building to the highest point of a flat roof, to the deck line of a mansard roof, and to the mean height level between eaves and ridges for gable, hip and gambrel roofs 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 13 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 o New Public Facilities Dedicated public roadways and trunk water mains, trunk sanitary sewer lines and trunk storm sewer lines (not lateral connections ) o Open Space Property designated for recreational use, including a private park, play lot, plaza or ornamental area intended for use or enjoyment by people Open space does not include streets, alleys, utility easements, public parks or required setbacks o Planning and Zoning Commission The Planning and Zoning Commission of the City of Pearland, Texas o PUD Property All property Tying 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 14 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 Promenade Shops Drive (Typical Cross- section) H Lifestyle Center "Main Street Driveway" (Typical Cross-section) I Residential Units Plan J Open Space/Amenities Exhibit K Pedestrian Circulation Exhibit L Detention Amenity Exhibit M Phasing Plan N Conceptual Illustrative Plans 1 Main Street Looking South 2 Central Amenity Lakes Looking West 3 Main Street Looking North 4 Overall Perspective 15 I N C c 2004.2005 K., C46 411.4 •l r. PEARLANO ETJ 1, CITY OF PEAR • CITY LIMIT, a SHADOW CREEK PARKWAY . Southern Trails Do a COX W !' • _ .a Q p -1ri' y walligt Z 1 p f Vim. 1 1•••C7 J _ CITV-OF 1te;j1ATyN.0 -IA _ I'A• CITY LIMIT ' • PEARL'AND ETT ,��s� /?1,4` C Countiy'Placeti °Go// Oc. South1Down -HUGHES RANCH umn Autt�� t Lakes. i -N- an area location map for LIFESTYLE CENTER PUD PEARLAND, TEXAS prepared for PEARLAND LIFESTYLE CENTER, L.P. KERRY R GILBERT & ASSOCIATES INC Ono Planning Consultants 15810 Park Ten Place Suite 160 NOVEMBER 15 2006 Houston Texas 77084 NOT TO SCALE )(GA •i 137 (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 OBTAINEO FROM MAPS SURVEYS AND OTHER DOCUMENTS PROVIDED TO KERRY R GILBERT & ASSOCIATES INC �. V EXHIBIT A KERRY R OT *4 a\aeaLO4-01a611. LOT SCALE. 1"=200 LINE TABLE LINE DISTANCE BEARING Lt 35.99' S 89'3213 E L2 332.88 5 02'24 30' E L3 t79.39 N 87'3530 E ENO 5/01.R 0 n N fV 0 Z Fr 0 B. TRACT 2 W% IMP 0 e0 (sin On P.0.6. END S/6 CND 5/818. 3 00 in O dip N Try (Vn /Z p.OBT"ceee / '9 LOT 3 E /g6000 5 87'35'339 7 TR i" 8T35'3 8735'30 E - 1320.00' SEt 5/81.R. w/CAP FRO 5/81R aware 1 - 660 00 BELTWAY 8, SOUTH (R.o W VARIES) 90700 OF CURB Z.7ND `)+ le Yf L 1 S 89'32' 13" E - 660 49 ((CALLED S 89'28 39`Q - 660.87') or .f rt ub .o o TRACT 7 O w 9 94 Acre7,,, NLT ,, 0 0 31 ACRES N Z ROADWAY ESMT N 21 ° E (CALLS N N 8T35 30 E - 660.00') O 70 TRACT 20 n N R=881 47 per 4625 21 L•714 19 T.378.00 1.69481' CB•S 66 19 33 E S 87'32'19 W - 1658 31 (CALLED 5 87'35 30 w - 1659.51) LOT 5 CALLED TRAC1 '6 WENDEL 0 LEY & AUDREY MOODY LEY TRUSTEES TO DANE LEY ESPINOZA 4-20-92 F.0 020-41-1871 0. P.R.R P.H.0 Ts Q OF STATE HMV xes ACCESS R0e0 0 5/81 R. R=881 47 A- 11 55 34' L=183 47 T.92.07 T.18315 C8.5 12' 22 48 CONC WENT ^ CO 17- }} W LoV G 7'' SOW O FU- t 81 . O N ne0 5/81 R BARB -RITE FENCE (TYPICAL) E SURVEY OF @wean tracts 0f boa contolnIng 12764 acres (5,559.996 epee !earl out of Lae 3 4, 6. 7 and 8. of tee S0dvi.on of the James H... Scary Abstract No. 081 Horne County T a@ recorded in Volume 03, rage 342 a the Moo Records of Hanes County T.. and being mere particubrlysn d..cr;8W by nacres and beu.ds as TRACT NO A fer<st Of kcb containing 66.70 oval (3863,772 egos, feet) more or tees, out Of Lots 6 7 one B. of the ale O1Wlon of Use James Hamill. Survey and being mere portculeny describes in follows. COMMENCING . the Southwest coon of the soip James Homtdon Survey sad poll olsa being the South et owner M void La 41 THENCE N 8735'30' E. along the South doe of the sad James N... Sun. and the South line of said Lai 4, a distance of 1320.00 test to tub 5autnso9 cam of oars lot 4 and be Southwest earn 07 let 5 of the said ubelvisien of Me James Hamitic., Survey THENCE N 0724'30 W along the common Ir.e o1 sad Lots 4 and 5 0 distance of 1320.00 lest to a found 1/2 Inch Iron pipe at the common comer of said Lots 3 4 5. and 6, mid 1/2 Inch Iron pipe being the POINT of BECOMING of the herein descried tract THENCE N 022430' ie along the Ead line of Lots 2 and Lot 3. and the Weet the at word Lat. 7 sod 8, a distance of 2200.00 feet to a le.s5 5/8 ill iron rod .7 the Northwest corner of said Lel 7 ens the Southeast comer . said lot 8, THENCE N 0740'21 E (coiled N 8735'30 E) along the common lino of roe Lots 7 red 8 a distance of 659.68 rue ("mpg 660.00 1.0) to fee,/ 5/8 inon Iron rod, loom sold 5/8 Inch Iron rod a fore.& fence core* have N 15852'15 W 1 61 feet in 1.gM' ?HENCE N 072430 ef a distance 0f 640.18 het to 0 loud 5/8 Mon iron rod in Ms South fee of South Belt (veia6le width) from mid 5/8 inch iron rode found 1 retch ,Yon ppe beers 5 8745'03 W 8.30 feet i, length; THENCE 5 6912'13' E. .song the Soule Nub of said South Bell 0 4Wlonce of 35.99 feel to a 5/6 inch Ir. rod eat On o cave to the np,l TNOICE continuing 01•09 the South lino M pod South Beet and along a fence line and said tarn to the rig., hoe g o rod. M OW 47 Not through a ceebal angle of 4625'21' a &scan of 714.19 Isar to a found 5/6 inch ion red, said turn Irving a du. which more 5 6619'33 E. 694.51 Net in ien9thi THENCE 5 02'24'30' E. a Net.. of 332.65 Net to a est 5/8 Inch Yon rad with OOP: THENCE N 87'35'30 E 0 distance of 179.39 feet to fount 5/0 inch iron red on the West Ons of State Highway 266 sober width) to and . o curveTM nght [ aging the Wee kn. 0 rear& State HOnear 206. a fen. Ilse and cod cove 10 the right he:. o radlu. of 681,47 feet, through a antral angle of 11'55'34 , a dean,. of 183.47 feet to a Nunn concrete mower.. mid cure having a chard which bears 5 12'2748 E. 18315 feet In Ie.n1; THENCE S 06'25'01 E. continues olalg thou Waal one of sad Mote eon*. 266 and a fen. 4n., a &reran. M 181 i,68 feet (card 1011 72 Net) to o tour. tenanted monument 71404CE 5 073817' E (cold 5 0752'57 E). continuing along the west fee o1 wad State fegneay 208 and a tents tine, a distance of 209.95 feet (tolled 212.35 feel) too found 5/5 inch iron r00 in the South Ilse of mid lot 6 and the North ice M oaia Let 5 THENCE 5 6732'19 W (coed 5 573630' W) along the S.01 line et sod Lot 6 end the North cab of said Lot 5, a diatom M 1656.31 le. (called 1659.5, feet) to the PONY OF BECOMING and containing 88.70 oche (3,863.772 quart fee) M bid. TRACT NO. 2. A parcel of Nerd containing 9.00 acres (392.040 ease fed) out 01 Lots 3, of the cod subdivision of the James Hamilton Survey and berg more oarticul.y @.sere.& a te4om. COMMENCING at 6e Southwest corn of the and Jones 1bm0on Survey sled pant ohm being the Sousa. st comer of said La 4' 'NONCE N 022430 w obng the went lie of iha sold Janes Hamilton Survey and sold Lot 4, a detente a 1320.00 loot to 0 M 5/6 inch Iron rod with cap . the Northwest con of wad Lot 4 ond the Southreet comer of sold Lot 3 for the POINT OF BEGINNING of the herein 0saritsd bocci 111040E N 072430 le continuing acing the west fM of tie sad Jame, tenet. Suet' and along the wee, tee Or mid Lot 3. a d000e or 594.00 rest to a feud 5/8 inch iron Teo; NONCE N 6735'30 E e dwbn,. of 660.00 feel to a found 5/8 oleo iron roe Riede( S 02'24'30' E. o distance of 144 00 feet to 0 found 5/5 Inch Iron rod in the common line of said Lots 3 and 4 TIENCO 5 07'35'30' W along 1M common Are . said lets 3 and 4, a drawee. of 660.00 feet to Ile POINT OF 6EGNNNG and a0tal0ng 1.00 aces (392.040 qua* feel) . kind TRACT N0. 3: A percel of kith co.oinIng 5.00 acme (217,600 equate feet). out al Lot 4 of the *aid .ubdivelon of the James hornet. curvy and berg more particubly desctibed es Meows COMMENCING of the South.. earn of the sold James HomNon Survey sod pant also bens ale Southend corner of mid lot 4: THENCE N 0224'30' W along the Mast tine of the said Janes Hamilton Survey and said Lot 4 o dieton7 of 990.00 feet to o ?bone 5/5 inch iron r. for 1N POINT OF BEGINNING of the Wren dee.bed Octet, THENCE N 0224'30 M continuing along Me W.r Erie of the sad James lex*llen Suer sae sod cot 4. e a.... of 330.00 feet to o set 5/8 inch iron rod with toe M the North.. wow 04 auto Lot 4 and Southwest comer of sob Lot 3: THENCE N 8735 30 E. ol.g tre «nun . one or wad lab 3 and 4, o dean. ot 660 DO Net to a found 5/B inch on rod, THENCE 5 072410' E. a distance or 330.00 feet to o found 5/8 inch iron rod: THENCE 5 57'35 30' W o distance of 860.00 feet lo the POINT OF BEsesNG and containing 5.00 acres (217.800 square feet) of kid. lI1hL..874109L. Hardy NOTES 1 This survey reflects boundary and easement information os per o Title Commitment for Title Insurance issued by First American Title Insurance Company GO Number NCS-119696-HOU1 effective dote September 20 2004 No additional research regarding the ex,stance of easements or restrictions of record hos been performed by Dole Hordy/GeoSury LLC Adjoiner information was provided by Courthouse Specialists 2 This property does lie within the 100 Year Flood Plain os determined by FEMA and as shown on FIRM 480287-1010-K Zone AE Bose Flood Elevation 57 Feet dated April 20 2000. Preliminary FIRM mop revision (FIRM 480287-1010-L) indicates that the subject tract will be within Zone AE Base Flood Elevation 56. 1. Bearings ore onented to the bearing base reflected in the deed recorded under Harris County Clerks File Number K159526 4 These tracts lie within the City of Pearland as per Ordinance Number 922, and recorded under Horns County Clerks File Number V073011 5 These trocts abut a non -access or a limited-occess road highway or freeway (Beltway 8 and State Highway 288) 6 BENCHMARK Horris County Floodplain Reference Mark Number 010195 Elevation 57.39 NAV088 2001 adjustment Elevations shown hereon ore based on NAVD 88 2001 adjustment datum To convert to NGVD 29, 1973 adjustment datum (current FEMA datum) odd 1 84 feet to al, elevations shown 7 Surface or subsurface faulting hazardous waste wetlands designations or other environmental issues have not been addressed within the scope of this survey (GeoSSur v) Reg,stered Professlonol Land Surveyors TRACT NO. 4, A pore. al NSW eonlaning 5.00 acne (217,600 06080 feet) eel et Lai 3 at Me mid eub07.sn er the James Namean Survey ond being mare particularly anent.@ as fob... CONNENCINC at th South... caner of the said J•mas HarNllon S,... *cod point de bang the Suth.M <Omer of •aid W1 4; THENCE N 673510' E. along tre South r of the .ad Jones Ham4lan Survey and ead L.C. 4 o die... of 1320.00 tea to the south.. corer of cod lot 4 and Ms Southwest comer of Lot 5 .4 Mee mold subdl0.lon el the Janes Hamilton Sunny' THENCE N 0724'30' W along tM common line or mid Lots 4 and 5 a deign,. of 1320.00 feet to a <ou. t/2 into Iron pipe at th..mman comer of erred Lets 3, 4 5, and 6 sold 1/2 inch Yon pipe ol•p berg the PONT OF BEGINNING of the Arse de•erf6.d tract; MENGE 5 e7'35'30 W eking the common lies of said Lots 3 and 4. a a.a.c• of 660.00 feet to a found 5/6 roan Iron rod: THENCE N 0224'30' 7 o distance of 330.00 Zest to a set 5/6 inch ion ral with cap in Me common ire of saki Lots 3 and 6; THENCE 5 02'24 30 E. aiog the common me of sad Lois 3 and 6 a &Manta of 33000 feet to Ma POINT OF 8EGNNNG and contan:ng 5.00 acre (117)300 aquae feet) of land. TRACT N0. 5: A parcel or land oonlaning 5.00 aces (217,600 Nude feet). ad of Let 3. of the read subdivision or the James Hlion Survey and berg more pan,cubny &sensed a. Iab0 COMMENCING at ON southwest corner or the sad Jame. Hamilton Survey .dd point oleo Meg the Soulheeel corn of .ad Lot 4: THENCE N 8735'30' E. along the South Nubs of the .44 Jones Hsmdton Sonny aid 644 Lot 4, a &talon o1 1320.00 Net to the SoW..m. orner el sad Lot 4 and the South.. c0nr e, Lai 5 ot the mid subdivision M the James HomiNan Surety, THENCE N 0724'30- W Nang the comma, line of said Las 4 and 5. and Let. 6 and 3, o 404.0. ef 1320.00 N. to 0 1/2 inch Yon pies bona at tM earlerbn earn M pea Lett 3, 4, 5, aid 0. Irpm saw 1/2 Imo Iran pipe a bona fence eom.ar L.On S 57 53'06 E. 06e feet In length. in all a &Mena M 1650.00 foot to sot 5/e inch iron rod re, cop f0 th PANT OF BEGNNNG of the herein &..obeli Mott. THENCE S 6735130 w a distance of 66000 feet to a .et 5/8 inch iron rod with sop; THENCE N 0724'30' W 0 db4ance 08 330.00 liter to a found 5/8 ice in. rod THENCE N 6735'30' E. a &Mona M 680. 00 feet b a hung 5/8 ,nch son rad a the common line M said Lots 3 ond *1 THENCE S 02.24'30 E. along the common line of said Lou 3 and I, a distance or 330.00 Net to the PONT OF BEGemNG and cantae.ng 500 am. (217,800 eq.are feet) of kind TRACT NO 6: A parcel of cane o..tdning 5.00 aces (2,7.800 soon lest). out M Lot 3. 04 the said eub0ieleon of the James Nomi6en Survey and bore more porticubny &@.used a Idbw' CO.M040NG at IN Southwest teener of the sea James Ibnelton Sure, sea point ao bens the Southwest caner M era Let 4: THENCE N 0724'30' W. aloe* ih West line of Me sob James Moreton Survey mid said Lot 4 a &iron M 330.00 lest to o see 5/8 Inch Yon rod with cop for the POINT OF BEOIN4NG of th heroin described boot: THENCE N 0724'30' W, continuing along the Wee fee of the said James Hamilton Survey and sold Lot 4 a &stance a 330.00 reel to d tenet 5/8 ince,, iron red. THENCE N 5T35'30 E. a dean. M 660.00 feet to a found 5/a inch iron red: THENCE 5 02'24'30' E. a distance of 330.CO feet N a found 5/8 inch iron rod: THENCE S 87'35'30 E. a distance of 600.00 feet to the PONT OF BEONNING and containing 5.00 acres (217,000 *hoe fee) of land. TRACT NO 7. A pdresl 04 but containing 9.94 ocree (432.908 stove tee). out M lei 5, of the said 0obeNeen el the JAM. NaINR. Sony and being man per104.00y de.e ll red ae follow COMMENCING at tie Southwest comer of the .ad James H... S,uvy gad point ono Mug the Souther.. corner of said Lot 4; THENCE N 8735'30' E. song tie 5.ih urea et we .848 James Nem0len Sen.y end Pa Les 4 a &Meng. el '320.00 le. to the South.. mine of wa4 Lot 4 and Ma Southwest corner of Let 5 M the mid ubd1N.lon M the Jame. nominee Survey THENCE N 072430' W. ol.o the common line or sad lets 4 and 5. and Lot. 6 end 3 a 4st.0e of 1329.00 feet to 0 1/2 ins. inn pee found at the common .reel of sad Lets 3. 4. 5, end 6, from said i/2 inch eon PIP. a found fence comer been 5 87 53'08 E. 0.88 feet In IMNt1., In bee a &@lance of 3520.00 feet to 0 found 5/8 Inch won rod f0 the Northwest corer of said Lot 7 end the Soulhweet comer of mid La 8 sad 5/8 or. Iran rad afo being the P6M of BEGINNING 04 the neon ara10M Iroci, THENCE N 02'24'30' W along 0.e .midon line of Lets 1 2 and 6. a depose of 672.34 feet (tolled 674.57 feet) to a set 5/8 inch iron rod .Rh cep e, the South line of South Belt (vanable width): THENCE 5 89'32'13 E (called S 8928'39 E) along the South lie of ear@ South Bee o distance of 860.49 feet (toll. 56087 feet) to a Now 5/B inch inch iron rod, from said 5/8 inch iron rod a found are rich iron pipe Man 5 8936'13' TO 6.14 feet ,n lend.(: THENCE 5 02'24 30 E. a distance of 640.18 (coiled 64158 feet) to a lend 5/8 nth iron red in the common fee of Lots 7 am 6: 5 THENCE S 6740'21 W (wld 5 9935'30 1e) a1.9 the common line of wad lots 7 rind 0 or aist.ce of 659.68 feet (called 660.00 feet) to the POINT OF BEGNO4C and containing 9.94 aces (432066 seem feet) M bed. September 29 2004 To Poog & McEwen Lifestyle Centers, South Freeway-Beltline B Limited Partnership 0 Texas Limited Partnership South Freeway -Beltway 8 #2 Limited Partnership a Texas Limited Partnership and First American Title Insurance Company This is to certify that this map or plat and the survey on which it is based were made in accordance with `Minimum Standard serail Requirements for ALTA/ACSM Land Title Surveys` jointly established and adopted by ALTA, ACSM ond NSPS in 1999 and includes items 1 3 4 7, 8. and 11(a) of Table A thereof GeoSury LLC Registered Professional Land Surveyor - P 0 Box 246 Leogue City, Texas 77574 P.O.G. (A(L TRACTS) S.W. CORNER Offer Sin. JAMES L.HMI P O Boo 246 10099 City Texas 77574 281-554-7739 409-765-6030 Fax 281-554-6928 SHEET 1 OF I PROJECT NUMBER 04-0724 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", 183.47 feet to a found concrete monument, said chord which bears S 12° 22' 47" E, 183.14 feet in a distance of curve having a 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 1811.7? 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 TRACT II: square feet), A 88.6991 acres (3,863,734 square feet) of land. parcel of land containing 9.0000 acres (392,040 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 IV: 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 5/8 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 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 said Lots 4 and 5, at a distance of 1320.00 feet pass 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, 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 VT: 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 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 0F BEGINNING and containing 5.0000 acres (217,800 square feet) of land. TRACT Vil: 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 tor corner in the east line of Lhe said 15 acre tract; 1H1:.NC.'r. South, along the east line of the sa►d 15 aLre LraL L, 641 .:,8 feet ro a 1" 'tun pipe for the southeast corner of the .rant herein described; THFNrE N 89° 41' W, along the south line of the tract 660.00 feet to a 1" iron pipe tor its Southwest corner; T!IEN(_E Nortn, along the west line of the said 15 ac,re tract, 674.57 feet to the paint or PLACE OF BEGINNING and containing as atoresaid 9.996i acres of land. Such tracts comprising a total of 127.6954 acres, more or less. `'• 44 t• 4 V 0 if INC • ©QAV V Y YO V Y V W W Y @000 NOLAN_ YA:N=EXPRE•55WAY Rojo FRONUAGE r-x-2-e-e e OU1MB0_U_NO_ ,,wS_.Mac•", z 10 J b ti'oH SOOL't00Z � EXHIBIT D KERRY R c 2004.2005 Nor. N Goa • e • 0 • e SUBJECT PROPERTY REFLECTION BAY 6LVD IES Tom Bass Clear Creek G EXHIBIT E LEGEND EXISTING FREEWAY I 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. 2 KERRY R. GILBERT 15 ASSOCIATES, INC. Lend PlanningC00SultantS 15810 Park Ten Place Suite 160 NOVEMBER 15 2006 Houston Texas 77084 NOT TO SCALE KGA NI 137 (281) 579-0340 THIS MAP IS A SCANNED DRAWING ONLY AND IS NOT FOR COMPUTATION OR CONSTRUCTION Y PURPOSES SAID DRAWING IS A PICTORIAL REPRESENTATION ONLY AND IS SUBJECT TO i 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 • GILBERT 6 ASSOCIATES INC • 0 0 • E• 4 KERRY K •1`• I N C w Z w 0 la w w < w 0 a Z } 0 u, F 0 u„ z J m < < w<< R Z J p p Z 0 Z Zw <in p( 0 w w N 0 W Z a Set <-I H.( 1- 0 0 WOF OWC OwC 0v OwL v I H I Ct. d ■❑❑ ❑.❑®^ 3AI2I4 a ► p C ��j y2=Ow GE.1 9ar�� o>'W.o 2 8'oz 'gom m CFra� 1y 'c o_ �" ugaz> .f r 1, �i o !u=~� a _ = w� pi:: °uu=wa w �, J a°w== z Ewp�a w • 'V Oh �wOQ� = o ..., = ; w80t Z= 1-1l 0 Y uos:?w I� w !e; t o wtea�// z ;wy,om ~ W w +' a g V W � m O� n W N O Vw O V aiyana > W w�,_orc� U e o o ''aczoYW w Nye JJQa� = 1Rn3o00 :% z EXHIBIT F KERRY R 25' LANDSCAPE RESERVE je 10' 100' R.O.W. 25' LANDSCAPE I RESERVE 1 0' W S E PLANTING AREA 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 WSE I *MINA, MIN.y �I PLANTING AREA I 6' SIDEWALK PROPERTY LINE BUILDING FACE TO BUILDING FACE VARIES (+J- 195'-0") STREET PARKING 60-0" ANGLED TWO-WAY PARKING DRIVE AISLE •/- 18-0" PARKING a/- 24-0" T •/- 18-0" r LANDSCAPE/SIDE WALK ISLAND ,/_ 3EE_0" STREET PARKING ,/- 60-0" ANGLED TWO -WA ANGLED PARKING ORiVE W LE PARKING Sit •/- 18-0" 41- 24-d" '/- 18-0" SIDE WALK/ LANDSCAPE */- 20'_0. CON CEPTUAL CROSS-SECTION FOR MAIN STREET DRIVEWAY EXHIBIT H as INC 3 41414414 z oM sooz•rooz STATE HIGHWAY 2881 N_OLAN RYAN EXPRESSWAROAD TX T-X=2bB-EXIT 250 FRONTAGE 50l fN0OUND PROMENADE SHOPS DRIVE KESIDENIIAL OVER RETAIL EXHIBIT I KERRY K 3 IBC c 0 z • EXHIBIT J BERRY R • V Ct Ce -X,■28`8 DX I T • • • ab0000 z 4 0 0 r PSI 64'■). Sorg -POOL EXHIBIT K KERRY R P PROMENADE SHOPS DRIVE z b 4�ryl coo[ -tom SPECTRUM BLVD. TOP OF BANK/ EDGE OF MAINTENANCE GERM ,w w W • E • c' a Ey w • 1-1 Aag z w • zE a sz aw • x� w � • w EXHIBIT L z a o$ 2 KERRY 4 f O • • cf INC z TX=288 EXIT PROMENADE SHOPS DRIVE it N0LAN RYAN EXPRESSWAY ROAo IX288 pRONIAGE 5_0_UY_H_6_0 — Y m K O. d O. m sc EXHIBIT AI NOT TO SCALE tvs 10-02-06 SCALE 1 "=200'-0" r%t THE PROMENADE SHOPS AT THE SPECTRUM MAIN STREET LOOKING SOUTH - -4,k . . ri r r..t i i t- - • A -A h EXHIBIT N-1 PM P O A G& M c E W E N tVS 10-02-06 SCALE 1 "=200'-0" MO anliTI AMINISF THE PROMENADE SHOPS AT THE SPECTRUM CENTRAL AMENITY LAKES LOOKING WEST EXHIBIT N-2 PM POAG&McEWEN tvs 10-02-06 SCALE 1 "=200'-0" THE PROMENADE SHOPS AT THE SPECTRUM MAIN STREET LOOKING NORTH EXHIBIT N-3 PM POAG&McEWEN tvs 10-02-06 SCALE 1 200'-0" THE PROMENADE SHOPS AT THE SPECTRUM AERIAL PERSPECTIVE EXHIBIT N-4 PM POAG&McEWEN AFFIDAVIT OF I'UBLICAIION The Pearland Reporter. News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties Exhibit "B" Publications Ordinance No. 2000M-26 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 8- ' 20_ No Date 20 No. Date 20 No Date 20 No. Date 20. Subscribe and sworn to before me this w ,AURA ANN EMMONS Notary Public, State 01 Texas .�+ My Commission Expires 09-09-2010 day of 710(i-1 Laura n Emmons, Publisher Notary Public, State of Texas auoOw► -ace 20ne. cl6 '9e, 2Ovri-- S' 2 Published Nov. 8, 2006 NOTICE OF A JOINT PUB- LIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS ZONE CHANGE NO. 2006-39Z Notice is hereby given that on November 27, 2006, 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, located at 3519 Liberty Drive, Pearland, Texas, on the request of Kerry R. Gilbert and Associates, Inc., applicant for Pearland Lifestyle Center, LP, for an amendment to Ordinance No. 2000M, the Zoning Map of the City of Pearland, for approval of a change in zon- ing district from classifica- tion Planned Development District (PD) to Planned Development District, an amendment to the existing Planned Development District (PD), on the follow- ing described property, 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 Corner of State Highway 288 and Beltway 8) At said hearing all interested parties shall have the right and opportunity to appear and be heard on the subject. Is/ Theresa Grahmann Senior Planner 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 lH IS- 20 No Date 20 No Date 20 No. Date 20 No. Date 20 Subscribe and sworn to before me this 1(0 20 (Ay • • . • • • • • e«.. LAURA ANN EMMONS Notary Public, State of Texas My Commission Expires 09-09.2010 • • • • • • • • day ofGkco-) Laura Ann Emmons, Publisher Notary Public, State of Texas Zone C+j 2©cam- 3q Z Published Nov. 8 and Nov. 15, 2006 NOTICE OF A JOINT PUB- LIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS ZONE CHANGE NO. 2006-39Z Notice is hereby given that on November 27, 2006, 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, located at 3519 Liberty Drive, Pearland, Texas, on the request of Kerry R. Gilbert and Associates, Inc., applicant for Pearland Lifestyle Center, LP. for an amendment to Ordinance No. 2000M, the Zoning Map LEGALS of the City of Pearland, for approval of a change in zon- ing district from classifica- tion Planned Development District (PD) to Planned Devopment District, an amendment to the existing Planned Development District (PD), on the follow- ing described property, 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 hearing all interested parties shall have the right and opportunity to appear and be heard on the subject. /s/ Theresa Grahmann Senior Planner Planning & Zoning Commission Recommendation Letter December 6, 2006 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on Zone Change No. 2006-39Z, a request by Kerry R. Gilbert and Associates, Inc., applicant for Pearland Lifestyle Center, LP, owner, for an amendment to Ordinance No. 2000M, the Zoning Map of the City of Pearland, for approval of a change in zoning district from classification Planned Development District (PD) to Planned Development District (PD), an amendment to the existing Planned Development District (PD) Honorable Mayor and City Council Members: At their regular meeting of December 4, 2006, the Planning and Zoning Commission considered the request for a change in zoning district from classification Planned Development District (PD) to Planned Development District, an amendment to the existing Planned Development District (PD), 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 Corner of State Highway 288 and Beltway 8 Agenda Request 39Z Page 4 of 5 Commission Member West made a motion to recommend approval of the zone change request, which was seconded by Commission Member Diggs. The motion to approve passed 5 — 0. The zone change was recommended for approval by the Planning and Zoning Commission. The Planning and Zoning Commission added the following conditions for approval, which would need to be revised in the PD document: 1. The applicant add a landscaping requirement for the park around the detention area. 2. On Page 4 of the document, the applicant correct a spelling error. 3. The applicant add language regarding amenities and improvements for the park and assign responsibility, as determined by the Director of Parks and Recreation. Sincerely, Planning and Zoning Commission Agenda Request 39Z Page 5 of 5