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Ord. 2000M-0070 2009-12-14 ORDINANCE NO. 2000M -70 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 APPROXIMATELY A 15 ACRE TRACT OF LAND OUT OF THE DISSEN CALLED 136.995 ACRE TRACT, RECORDED IN VOLUME 505, PAGE 86, OF THE DEED OF RECORDS OF BRAZORIA COUNTY, TEXAS, SITUATED IN THE THOMAS J. GREEN SURVEY, ABSTRACT 198, BRAZORIA COUNTY, TEXAS, AND A 26.9158 ACRE TRACT OF LAND IN THE THOMAS J. GREEN SURVEY, ABSTRACT 165, BRAZORIA COUNTY, TEXAS AND BEING A PART OF THAT CERTAIN 136.955 ACRE TRACT CONVEYED FROM JENNIE J. SETTLEGAST, ET AL, TO W.J. DISSEN BY INSTRUMENT RECORDED IN VOLUME 505, PAGE 86, OF THE DEED OF RECORDS OF BRAZORIA COUNTY, TEXAS, AND 5.7375 ACRES OF LAND BEING SITUATED IN THE W.D.C. HALL SURVEY, ABSTRACT NO. 23, HARRIS COUNTY, TEXAS, AND BEING OUT OF 468.92 ACRE TRACT BEING MORE FULLY DESCRIBED IN VOLUME 1676, PAGE 362 OF THE DEEDS OF RECORDS OF HARRIS COUNTY, TEXAS SAID 1.3366 ACRES IN HARRIS COUNTY TEXAS, AND GENERALLY LOCATED ON THE EAST SIDE OF PEARLAND PARKWAY, NORTH OF BROADWAY, WEST OF COUNTRY CLUB DRIVE, (ZONE CHANGE APPLICATION NO. 2009 -11Z), FROM PLANNED DEVELOPMENT DISTRICT (PD) TO PLANNED DEVELOPMENT DISTRICT (PD), AN AMENDMENT TO THE EXISTING PD FOR PROVINCE VILLAGE PLANNED DEVELOPMENT DISTRICT (PD), LJA ENGINEERING SURVEYING, INC., APPLICANT FOR TEXPROJ 2008 LLC, 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, LJA Engineering Surveying, Inc., applicant for TexProj 2008 LLC, owner, filed 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 more graphically depicted in the location map attached hereto and made a part hereof for all purposes as Exhibit "B and ORDINANCE NO. 2000M -70 WHEREAS, on the 21st day of September, 2009, 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 hereto and made a part hereof for all purposes as Exhibit "C said call and notice being in strict conformity with provisions of Section 1.2.2.2 of Ordinance No. 2000T; and WHEREAS, on the 16th day of November, 2009, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by LJA Engineering Surveying, Inc., applicant for TexProj 2008 LLC, 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 PD for Province Village, said recommendation attached hereto and made a part hereof for all purposes as Exhibit "D 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 14th, 2009; 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 LJA Engineering Surveying, Inc., applicant for TexProj 2008 LLC, owner, 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: Page 2 of 5 Ord. No 2000M -70 ORDINANCE NO. 2000M -70 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), in accordance with all conditions and requirements listed in the Planned Development (PD) Document, also known as Exhibit "E" attached hereto and incorporated for all purposes, such property being more particularly described as: Approximately a 15 acre tract of land out of the Dissen called 136.995 acre tract, recorded in Volume 505, Page 86, of the Deed of Records of Brazoria County, Texas, situated in the Thomas J. Green Survey, Abstract 198, Brazoria County, Texas, and a 26.9158 acre tract of land in the Thomas J. Green Survey, Abstract 165, Brazoria County, Texas and being a part of that certain 136.955 acre tract conveyed from Jennie J. Settlegast, et al, to W.J. Dissen by instrument recorded in Volume 505, Page 86, of the Deed of Records of Brazoria County, Texas, and 5.7375 acres of land being situated in the W.D.C. Hall Survey, Abstract No. 23, Harris county, Texas, and being out of 468.92 acre tract being more fully described in Volume 1676, Page 362 of the Deeds of Records of Harris county, Texas said 1.3366 acres in Harris County Texas. Section 11. 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 111. 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 Page 3 of 5 Ord. No 2000M -70 ORDINANCE NO. 2000M -70 competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section V. All rights and remedies, which have accrued in the favor of the City under this Ordinance and its amendments thereto, shall be and are preserved for the benefit of the City. Section VI. The City Secretary is hereby directed to cause to be prepared an amendment to the official Zoning District Map of the City, pursuant to the provisions of Section 2.3.2.2 of Ordinance No. 2000 -T and consistent with the approval herein granted for the reclassification of the herein above described property. 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 14 day of December, 2009. c v 4 2, TOM REID MAYOR ATTEST: Qt �R t44;o' �RJ t�11 v, SONIA WEBB DEPUTY CITY SECRETARY Page 4 of 5 Ord. No 2000M -70 ORDINANCE NO. 2000M -70 PASSED, APPROVED, and ADOPTED on Second and Final Reading this 14 day of December, 2009. G TOM REID MAYOR ATTEST: SONIA WEBB DEPUTY CITY SECRETARY 1° APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY Page 5 of 5 Ord. No 2000M -70 Exhibit "A" Application Ordinance No. 2000M-70 1/41 I 1 11142 .4 11 a %2320r i 0 to: property): i NAME I e. i 1 ii Signature: i -1 2 1 Dat 1 r Signature: I t t,e-c.., i I OFFICE I FEE3 DATE RECEIVED APPUCAT1CN NUMBER: ***APPLICATION IS CONSIDEME Exhibit "B" Location Map Ordinance No. 2000M -70 *sq t lwcft& I J 1 nc �`�v v J ,t R- tCWtTE#tCtl1'I f A 4...,1 I 1 I 1 1 (1. 1 r �Ktq l s c, P 4p f h Q \.SU CT-POOP E 6 t 4 R.] sy '''-'1--- 7 i t Ng as�i 1 t 1 Exhibit "C" Publications AFFIDAVIT OF P U B L Ordinance No. 2000M -70 The Friendswood Reporter News P.O. Box 954 Friendswood, Texas 77546 State of Texas Galveston 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 Galveston, Harris and Brazoria Counties, for issues, as follows: No.. Date /0 20 _a No. Date 20 No. Date 20 No. Date 20 No. Date 20 CFO Subscribe and sworn to before me this o21 day of Odi LAURA ANN EMMONS 4 Notary Pubiic. State of Texa 40. My Commission Expires 09 1 y: :i p• aura Ann Emmons, Publisher Notary Public, State of Texas "one, Cho 1\)0. jai -IIz Legal Bowie dew Published October 28, Aifroidreals ty a 15 acre 2009 trail N land eat d the Dissen celled 136:996 icx OF A .JQ acre tact rlroadsd In HI Or Volu 50 {saga 8e3, of CI the Deed of Records of Brezoria County, Texas, anii. LEG k situated In the Thomas Broadway OF Jr Green Survey, OF PEARL AND, Abstract 198, Brazoria At said hearing Witter- TEXAS County, Texas, and a sated parties shall have 28.9158 acre tract of the right and opportunity ZONE CHANGE APPU- land in the Thomas J. to appear and bollard CATION NO. 2009-11Z Green Survey, Abstract on the subject. 165, Brazoria County, Notice Is hereby given Texas and being a part Angela that an NeVarnbef,,„16j, of that certain 136.955 Gantuah 2"' at tl 9p,11%c acre tract conveyed Senor Planner CII9 Council and from Jennie J. PWMirg aacl= Settlegast, et al, to W.J. Cambial Oi.th? Dissen by instrument of Pearland, In B rea recorded In Volume 505, Harris and Fort Bend Page 86, of the Deed of Counties, Texas, will Records of Brazoria conduct a joint public County, Texas, and hearing In the Council 5.7375 acres of land Chambers of City Hap, being situated in the located at 3519 Uberly W.D.C. Hall Survey, Drive, Pearland, Texas, Abstract No. 23, Harris on the request of UA county, Texas, and Engineering being out of 468.92 acre Surveying, Inc., eppll- tract being more fully cant for 1eXProj 24C4 described in Volume LL;C, pwner, for. an 1676, Page 362 of the amendment to Deeds of Records of Ordinance No, 2000M, Harris county, Texas the Zoning Map of the said 1.3366 acres In City of Peariand, for Hams County Texas. approval of a change In zoning distinct from clas- Location: Generally eMeatlon Planned Located on the Development District Northeast Corner of (PD) to Planned Pearland Parkway and Development District (PD), an amendment to the existing PD for PrevInse V11140, on the Mooing propertit, to Mt: Exhibit "0" P82 Recommendation Letter Ordinance No. 2000M -70 P1 annin Zoning Recommendation Letter December 1, 2009 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on 2009-11Z Honorable Mayor and City Council Members: At their meeting of November 16, 2009, the Planning and Zoning Commission considered the following: Request of LJA Engineering Surveying, Inc., applicant for TexProj 2008 LLC, 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 PD for Province Village, on the following described property, to wit: LEGAL DESCRIPTION: Approximately a 15 acre tract of land out of the Dissen called 136.995 acre tract, recorded in Volume 505, Page 86, of the Deed of Records of Brazoria County, Texas, situated in the Thomas J. Green Survey, Abstract 198, Brazoria County, Texas, and a 26.9158 acre tract of land in the Thomas J. Green Survey, Abstract 165, Brazoria County, Texas and being a part of that certain 136.955 acre tract conveyed from Jennie J. Settlegast, et al, to W.J. Dissen by instrument recorded in Volume 505, Page 86, of the Deed of Records of Brazoria County, Texas, and 5.7375 acres of land being situated in the W.D.C. Hall Survey, Abstract No. 23, Harris county, Texas, and being out of 468.92 acre tract being more fully described in Volume 1676, Page 362 of the Deeds of Records of Harris county, Texas said 1.3366 acres in Harris County Texas. GENERAL LOCATION: Generally Located on the Northeast Corner of Pearland Parkway and Broadway. The Planning and Zoning Commission recommended approval of the amended Planned Development with the above changes made to the Planned Document. Commissioner Darrell Diggs made a motion to remove this from table and Commissioner Neil West seconded the motion. A vote was taken and it was removed from table, 5 -0 in favor. Commissioner Susan Sherrouse made a motion to approve the amendment to the Province Village Planned Development Page 1 changing Tract one from single Family Residential -4 (R -4) to Office Professional (OP) and Commissioner Ron Capehart seconded the motion. A vote was taken and was approved, 4 -0 in favor with Commissioner Darrell Diggs abstaining as he had not been present for previous discussions regarding the amendment for the Province Village Planned Development. Sincerely, Angela Gantuah, Senior Planner On behalf of the Planning and Zoning Commission Page 2 Exhibit "E" Planned Development Document (PD) Ordinance No. 2000M -70 LJA Engineering Surveying, Inc. 114 I I" 1_ Province Village Planned Unit Development Amendment No. 1 City of Pearland City Council Planning Zoning Commission November 30, 2009 Submitted on behalf of: Tex Proj 2008 LLC, Dan Brown 3049 Sherwood Forest Baton Rouge, LA 70816 Prepared by: LJA Engineering Surveying, Inc. 2929 Briarpark Drive, Suite 600 Houston, Texas 77042 -3703 Province Village Planned Unit Development Amendment No. 1 City of Pearland City Council Planning Zoning Commission November 30, 2009 Submitted on behalf of: Tex Proj 2008 LLC, Dan Brown 3049 Sherwood Forest Baton Rouge, LA 70816 Prepared by: LJA Engineering Surveying, Inc. 2929 Briarpark Drive, Suite 600 Houston, Texas 77042 -3703 Province Village Planned Unit Development TABLE OF CONTENTS Executive Summary 1 I. Existing Conditions 2 SITE DESCRIPTION SURROUNDING LAND USE II. Project Objectives 3 PROJECT OVERVIEW GOALS OBJECTIVES III. Project Description 5 AUTOMOBILE CIRCULATION PEDESTRIAN CIRCULATION AMENITIES /OPEN SPACE GENERAL LANDSCAPE AND PERIMETER TREATMENT PROJECT ARCHITECTURE IV. Quantitative Data 6 V. Proposed Land Use Revisions and Regulatory Compliance 7 VI. Phasing and Development Schedule 8 VII. Legal Description and Boundary Survey ..9 EXHIBITS Exhibit 1 AREA LOCATION Exhibit 2 EXISTING CONDITIONS Exhibit 3 TOPOGRAPHY Exhibit 4 EXISTING ZONING Exhibit 5 PROPOSED LAND USE Exhibit 6 PROPOSED ZONING CATEGORIES BY LAND USE Exhibit 7 BOUNDARY SURVEY TABLES Table 1 COMPOSITION OF LAND USE 7 Table 2 ACREAGE PER LAND USE SUMMARY 7 Table 3 ZONING DESIGNATIONS 8 Province Village Planned Unit Development City of Pearland, Texas Executive Summary The purpose of this planned unit development (PUD) amendment application is to change the current designation of tract one which is 15 acres in the City of Pearland for the purpose of developing a mixed -use project consistent with the City's land development regulations. The site is currently under the Province PUD which we propose to change Tract One from Single Family Residential (R -4 PUD) to Office Professional (OP). As contemplated in the City's zoning ordinance, the PUD designation will allow the development of a project which is planned comprehensively and in a unitary fashion, and that will provide flexibility of development within a site that, because of several physical constraints would challenge the ability to develop under the current zoning designations. Prior to the approved PUD, Tract One, a 15 acre tract which of the tract fronts Pearland Parkway, had a 200' section of land that is zoned R -3 across the southern 1/3 of the site with the balance being zoned Single Family Residential 2 (R -2). Tract Two, is a 26.90 acre tract that fronts East Broadway and had three bands of zoning, primarily GB and R -3. Tract Three, fronting Country Club Drive, is the smallest of the tracts containing 5.74 acres which roughly measures 400' by 500', and had a 150' section of land that was zoned across the southern portion. The balance of Tract Three is (R -4 PUD) of R -3 across the southern portion of the property with the balance being R -4. Zoning districts are typically bounded by a physical feature, existing land use or political boundary that offers a logical break from one zoning classification to another. Also, conventional zoning typically provides a hierarchy of residential densities when adjacent to commercial uses normally with the highest density residential being placed next to the commercial with a transition to lower densities away from commercial. The proposed Amended Province Village PUD will consist of approximately 27 single family homes within one gated neighborhood in tract Three, an 84 unit townhome neighborhood located in Tract Two, a 12.3 acre Office Professional (OP) district yielding approximately 107,160 square feet of potential space office space in tract One and a 5 acre GB General Business district in Tract One as well. The residential yield will not exceed 112 single family units. This comparison assumes similar detention requirements. This comparison modeled DU /AC (number of units per acre) after similar average densities per lot size found in the Shadow Creek Ranch community. Following more conventional zoning patterns, the plan proposes the higher density townhome neighborhood adjacent to the GB district and the existing Lowe's Center while placing the Garden Home sections in the rear portions of the property and adjacent to other existing single family neighborhoods. The OP district may be considered as an appropriate buffer from the existing Lowe's Center. The proposed PUD provides 4.99 acres of Common Open Space while only 3.1 acres is required. The center of the project offers a 1 /2 acre park, approximately 2.8 acres in Common Open Space supplemented with a trail system that provides connection to the Clear Creek Trail System as well as additional green space within each residential cell providing numerous recreational and social opportunities. The project will benefit the City by providing quality housing, commercial, and office /professional space with strong architectural schemes and tax revenues will be greater than those accrued from the existing zoning. In addition an important segment of the collector street system will be provided with this proposed development. The proposed PUD shall comply with all requirements of the current City of Pearland Unified Development Code, unless specifically mentioned in the PUD as being revised, including the Pearland Parkway Overlay District. 1 L: \ggurrola \Warren's Province \New Folder\Province Village PUD ammendment 11- 11- 09.doc Province Village Planned Unit Development City of Pearland, Texas I. Existing Conditions SITE DESCRIPTION The site of the proposed mixed -use development is composed of three tracts Tract One being a 15.00 acre tract situated on the west side of the overall site, Tract Two being a 26.92 acre tract situated in the center of the overall site, and Tract Three being a 5.74 acre tract situated on the east side of the overall site. A 90' City of Pearland drainage easement physically separates Tracts One and Two while Clear Creek and an 80' HL &P (CenterPoint Energy) easement physically separates Tracts Two and Three. Tract One is bounded on the west by Pearland Parkway, on the north by Clear Creek Park residential subdivision, and situated just north of the Lowe's Home Center site located at the corner of Pearland Parkway and East Broadway. Tract One includes a 7.16 acre Office Professional tract north of Province Village Drive (proposed), a 5.19 acre Office Professional tract, a 1.16 acre tract of Province Village Parkway, and a 1.49 acre detention tract. (see Exhibit 5) Tract Two is bounded on the south by F.M. 518 (East Broadway), and on the east by a CenterPoint Energy substation (located to the southeast of Tract Two along East Broadway) and by an 80' HL &P (CenterPoint Energy) easement along the east, and on the north by Clear Creek. The Lowe's Home Center site is situated west and southwest of Tract Two. Tract Two Includes the 3.79 acre Detention, the 1.62 acre trail tract, the .58 park tract, the 13.44 R -4 PUD Single family tract, the 1.49 detention, the 5 acre GB tract, and the 1.44 tract of Province Village Drive. Tract Three is bounded on the east by Country Club Drive, on the west by the 80' HL &P (CenterPoint Energy) easement and on the south by Clear Creek and on the north by a Clear Creek diversion channel easement. Currently the land is rural agriculture in nature except for the 5 acre General Business portion that is adjacent to FM 518 Broadway. Tract 3 is 5.74 acres of R -4 PUD including the portion of Province Village Drive within Tract 3. Please refer to Exhibit 1 Area Location that illustrates the sites location within the City of Pearland and Exhibit 2 Existing Conditions that illustrates the three tracts comprising the site and its relationship to surrounding land uses. The proposed site is entirely within the City of Pearland corporate limits located near the intersection of Pearland Parkway and F.M. 518 (East Broadway). Refer to Exhibit 1 Area Location and Exhibit 2 Existing Conditions. Tracts One and Two are relatively flat, consistent with property of the region, with the exception of the northeast corner of Tract Two that is adjacent to Clear Creek. Tract Three has a more pronounced relief in topography. There have not been any wetlands identified within the property. Tract One generally slopes to the east /northeast from elevation 43 to approximately elevation of 40. Near the northeast corner, the slope is more pronounced descending to elevation 36. Tract Two gradually slopes from elevation 42 along the East Broadway frontage to elevation 40 within approximately 300' of the northern boundary along Clear Creek. 2 L:\ggurrola \Warren's Province \New Folder \Province Village PUD ammendment 11- 11- 09.doc Province Village Planned Unit Development City of Pearland, Texas Within approximately 150' of the northern boundary the site slopes downward 12 to 14 feet with an elevation of 22 at Clear Creek along the northern boundary of the tract. While the majority of Tract Two is open pasture and cultivated field, there are trees and vegetative cover near the northern boundary where the property begins to slope toward Clear Creek as well as along some of the land adjacent to the HL &P (CenterPoint Energy) easement. Most of this vegetative cover is within the proposed detention area and it cannot be determined at this time if any of this material can be preserved. A small ridge makes a protrusion near the center of Tract Three nearing elevation 43 descending to elevation 32 along Country Club Drive to the east and elevation 37 along the west, adjacent the 80' HL &P easement. The slope descends to elevation 34 along the south boundary. Tract Three has some limited tree and vegetative cover along the perimeter of Country Club Drive and the HL &P (CenterPoint Energy) easement. SURROUNDING LAND USE Land Uses surrounding Province Village PUD include Clear Creek Park Single- Family Residential to the north of Tract One, Green Tee Terrace Single Family Residential and the Golfcrest Country Club to the north of Tract Three (both in Harris County), low density residential uses to the east, an HL &P (CenterPoint Energy) substation to the east /southeast of Tract Two, a General Business District (Victory Plaza) to the southeast of Tract Two fronting FM 518 Broadway, a non developed tract to the south of Tract Two fronting opposite side of East Broadway that is rural in nature, a General Business District (Rehoboth Acres) to the southwest of Tract Two fronting opposite side of East Broadway, a Commercial District (Lowe's Home Improvement Center) to the west of Tract Two and south of Tract One, and a non developed tract to the west of Tract One fronting the opposite side of Pearland Parkway that is rural in nature. In general, the East Broadway corridor was zoned primarily GB General Business District while the Pearland Parkway corridor is zoned Single Family Residential. Refer to Exhibit 2 Existing Conditions and Exhibit 4 Existing Zoning. II. Project Objectives PROJECT OVERVIEW The proposed Province Village PUD Amendment consists of a 47.65 Acre mixed -use project located within the City of Pearland, Texas. This application was prepared on behalf of Tex Proj 2008 LLC, Dan Brown pursuant to the City of Pearland ordinances relating to Planned Unit Development (PUD). The purpose of the PUD is to encourage flexibility in the use and development of the land that has frontage both on Pearland Parkway as well as F.M. 518 (East Broadway). This proposal recognizes and will conform to regulations regarding the Pearland Parkway Overlay District, and the current Unified Development Code of the City of Pearland, unless specified in this application. The three parcels which comprise the 47.65 acres are currently separated by a 90' City of Pearland drainage easement, Clear Creek and an 80' HL &P (CenterPoint Energy) easement which traverses the site generally in a north /south direction. Clear Creek also flows through the northeast part of the tract, separating Tract Two and Three. Accommodating these easements, Clear Creek and detention requirements into a workable land plan and valid project presents a unique challenge, even within a PUD designation. A goal of the PUD designation is to promote a more economical and efficient use of the land. 3 L: \ggurrola \Warren's Province \New Folder\ Province Village PUD ammendment 11- 11- 09.doc Province Village Planned Unit Development City of Pearland, Texas The PUD as proposed will consist of GB General Business, OP Office Professional and R4 High Density Single Family Residential. Approximately 11% of the overall land will be dedicated to parks, recreation, trails, open and green space. Approximately 12% of the overall site will be utilized for detention. GOALS OBJECTIVES The goals of the Province Village PUD are to provide guidelines for the creation of a planned development that provides community cohesiveness, flexibility of development, uniformity in building construction, long -term sustainability, orderly growth and desired visual results. Further, the goals reflect the flexibility to achieve a quality mixed -use development in a coordinated urban setting while promoting a more economical and efficient use of the land. The goals and objectives will be achieved through the implementation of a planning strategy designed to maintain flexibility in the market place. The goal is to provide retail and office opportunities within the East Broadway and Pearland Parkway corridors while providing single family residential within the interior of the site enhanced by aesthetically pleasing open space, a trail system within recreational opportunities for the residents paired with a half acre park site and other neighborhood amenities. The project's character will be ensured through guidelines and controls for architectural and design aesthetics, open space and landscaping, perimeter treatments and neighborhood amenities, such as sidewalks and neighborhood recreation spaces. Orderly growth will be achieved through this plan to ensure a completed project that is consistent in character and content, providing residents, businesses, and visitors with a clear sense of community. The goals and objectives outlined in the following matrix are intended to facilitate a successful long -term development offering variety. Goal Objective Flexible Growth Provide the ability for flexibility in the development program to respond to market demands. Orderly Growth Provide orderly and controlled growth via mechanisms that ensure thoughtful application of flexible regulations. Balanced Community Provide compatible and functional land uses for employment, shopping, living and recreational activities. Long -term Sustainability Provide the certainty produced through land use controls, utilizing the flexibility needed to respond to changes in the market while creating a quality neighborhood with associated amenities. Quality and Character of Community Provide consistent design standards. 4 L: \ggurrola \Warren's Province \New Folder\ Province Village PUD ammendment 11- 11- 09.doc Province Village Planned Unit Development City of Pearland, Texas III. Project Description AUTOMOBILE CIRCULATION Province Village PUD will have superior traffic mobility with frontage along Pearland Parkway to the west and Country Club Drive on the east. A local collector connects these two streets along an east/west alignment parallel to East Broadway. This alignment of this collector is centrally positioned to allow for excellent ingress /egress to each development cell. Collector width and design has been approved by the City. Collector street parking was not anticipated or provided for. The proposed 5 acre GB General Business site adjacent to East Broadway, separated from the balance of the site by proposed residential uses, has excellent frontage across its entire width. The East Broadway at Pearland Parkway intersection provides excellent access to any location within the City as well as the region. Northbound Pearland Parkway provides easy access to Harris County and Beltway 8 (Sam Houston Tollway). Westbound Broadway (F.M. 518) provides access to the older business area, the Village District, and connects to Texas 288, the most prominent centrally located north /south arterial thoroughfare within Brazoria County. Eastbound Broadway connects the site to the Galveston Bay area including Friendswood, Baybrook, Clear Lake and 1 -45. A TIA has been provided and approved by the City. PEDESTRIAN CIRCULATION The pedestrian circulation layout is designed to integrate the individual residential neighborhoods while providing easy access to the park and the centrally located Common Open Space outside of the individual residential cells. The main public walkway is 6' wide, located along the both sides of the collector street. This walk runs completely through the site, along an east/west axis and will connect with public sidewalks along Pearland Parkway. Walks along Pearland Parkway will be constructed as part of this proposed development and will tie into the existing walk along Pearland Parkway. A 6' conventional sidewalk will be constructed within the projects frontage on Country Club Drive. There currently is no existing sidewalk on Country Club Drive. These walks provide easy access to the Office Professional site within the project and to designations outside of the project site. In addition to a 4' walk, the trail will offer a link from the public walk to an 8' walk section for the proposed Clear Creek trail system. Compliance with the City of Pearland's typical sidewalk requirements will be maintained throughout the balance of the project, completing the overall pedestrian network. Trail width and location of the Clear Creek Trail and connector trails will be approved by City of Pearland Parks Superintendent prior to construction. AMENITIES OPEN SPACE Open space accounts for approximately 11% (4.99 acres) of the gross acreage within the PUD. Also, the provision of open space and common areas within the individual residential cells (landscape reserves, recreational opportunities, etc.) will further increase and enhance the property. Open space and park fees dentition shall meet other city ordinances and city parks' approval. 5 L: \ggurrola \Warren's Province \New Folder\ Province Village PUD ammendment 11- 11- 09.doc Province Village Planned Unit Development City of Pearland, Texas GENERAL LANDSCAPE AND PERIMETER TREATMENT The Province Village PUD will be thoroughly landscaped along the streets and common areas. Street trees will be planted along the collector street and along the frontage of Pearland Parkway and Country Club Drive according to City regulations. The project will have entry statements both at the Collector Street and Pearland Parkway intersection and also at the Country Club Lane intersection. Entry statements and signage shall meet the City's requirements. The individual residential cells will each have a boulevard entry and entry statement fully landscaped utilizing minimum of 2" caliper trees, shrubs, seasonal plantings and ground covers. These areas will be irrigated. The perimeter treatment of the residential cells includes evergreen screening of areas outside of the individual Tots and removed from the public street right -of -ways. In addition a 6' height masonry screen wall will be constructed along the south property line of the OP Office Professional site adjacent to the Lowe's Center and along the western, southern, and eastern property line of the Tract Two Townhome section. Two trees shall be planted along interior streets per lot. Maintenance of all open spaces, parks, trails, and open areas will be the responsibility of HOA or private entity and not the City's responsibility. PROJECT ARCHITECTURE The project architecture regarding the public portions of the development will have a common architecture theme. This would include the entry statements and the OP Office Professional architectural facades and elements. Efforts will be made to insure harmony in the design. While actual design has not been initiated at this time, several photographic examples of what the developer has constructed similar in nature to the proposed product are included to provide a sense of architectural direction for the project. Actual design for the Province Village PUD may vary. In general, the architecture will consist of mostly masonry and glass facades of buildings as required by zoning regulations. IV. Quantitative Data The property is proposed to be comprised of Office Professional, General Business and High Density Single Family Residential uses enhanced with open space and a pedestrian walk and trail system. Net and gross densities are as follows: no dwelling units— DU /AC; Tract -Two Gross Densities 5.58 DU /AC, Net Densities 8.1 DU /AC; Tract -Three Gross Densities 4.31 DU /AC, Net Density 4.83 DU /AC. The uses are illustrated in Exhibit 5 Proposed Land Use Plan. The following table lists land uses illustrated on the Proposed Land Use Plan, along with their respective acreages and percentage of the gross land area. Table 1 illustrates the composition of land uses proposed by the Developer /Applicant. Table 2 provides a breakdown of Land Use by Tract. 6 L: \ggurrola \Warren's Province \New Folder Province Village PUD ammendment 11- 11- 09.doc Province Village Planned Unit Development City of Pearland, Texas Table 1 Composition of Land Uses Overall Site Land Use Acres General Business GB District 5.0 Office Professional OP District 12.3 Gated Garden Home Residential R4 3.5 Townhomes Residential R4 District. 11.85 Detention Basin Reserves(built) 5.28 Park, Recreation, Open Green Space 4.38 East /West Local Collector Right -of -Way (built) 2.70 Interior Street (Residential) Right -of -Way 1.65 Total Acreage 47.65 Other (Off -site Collector Right -of -Way) 0.53 (Includes crossing of 90' City of Pearland Drainage Easement 80' HL &P Easement) *2 Excludes interior street Right -of -Way. With Right -of -Way of residential acreage included total would be 22.52 acres. Table 2 Acreage per Land Use Summary Land Use Category Acreage Of Gross Acreage CONSTRAINTS 7.98 Ac 17% Collector Street* (built) 2.7 Ac Proposed Drainage Detention Facility (built) 5.28 Ac COMMUNITY ELEMENTS 4.99 Ac 11% Park Reserve 0.58 Ac Recreation, Green Open Space 4.41 SINGLE FAMILY RESIDENTIAL R4 PUD 17.43 36% OFFICE PROFESSIONAL OP 12.29 26% GENERAL BUSINESS GB 5.0 10% TOTALS 47.65 Ac 100.0% Other (Off -site Collector Right -of -Way) 0.53 (Includes crossing of 90' City of Pearland Drainage Easement 80' HL &P Easement) *2 Excludes interior street Right -of -Way. With Right -of -Way of residential acreage included total would be 22.52 acres. 7 L: \ggurrola \Warren's Province \New Folder\ Province Village PUD ammendment 11- 11- 09.doc Province Village Planned Unit Development City of Pearland, Texas The assigned zoning designations and the total acreage for each are as follows: Table 3 Assigned Zoning Designations Land Use Acreage Zoning Designation Office Professional 12.29 OP Office Professional General Business 5.0 Ac. GB General Business Parks, Recreation, Green or 4.99 R -4 Maximum Density Single- Family Common Open Space Collector Streets 2.70 Ac. Proposed Detention Facilities 5.28 Ac. R -4 PUD Single Family 17.43 Residential Total 47.65 Ac Represents off -site Right -of -Way needed for Collector, excluded from Total Acreage. Includes crossing of 90' City of Pearland Drainage Easement and 80' HL &P (CenterPoint Energy) Easement. V. Proposed Land Use Revisions and Regulatory Compliance In order to implement the proposed land use plan as currently proposed, each of the proposed land uses have been assigned zoning categories consistent with the current City of Pearland zoning regulations. The proposed zoning differs somewhat from the .zoning designations currently in place for the parcels that comprise the proposed development. Please refer to Exhibit 4 Existing Zoning and Exhibit 7 Proposed Zoning Categories by Land Use. Land use shall be regulated on a total acreage basis with a maximum density of 112 Tots. Lot sizes to conform to PUD. The percentage land use area change is required to ensure the success of the development by maintaining the flexibility to modify land use sizes in response to changes in economic and market conditions. This will allow the project to remain competitive in the real estate market over the life of the development phases and the ability to make adjustments as necessary to accommodate specific end users in a timely manner. The proposed Amended Province Village PUD is changing a 7.16 acre Garden Home section to Office Professional (OP zone) use. The property is north of Province Village Drive. The new OP zone will be restricting the retail hours from 6AM to 9PM and further restricting the OP to not allow any vehicle drive -thru services for restaurant purposes. We are further restricting the uses in the newly proposed OP to following: Primary Agricultural Uses Agriculture Field Crops Agricultural Animal Husbandry Farm (Ranch, Livestock) Crops or Orchard Accessory Incidental Uses Accessory Structure (Business or Industry) Off Street Parking Incidental to Residential Main Use Off Street Parking Incidental to Nonresidential Main Use 8 L:\ggurrola\Warren's ProvinceNew Folder \Province Village PUD ammendment 11- 11- 09.doc Province Village Planned Unit Development City of Pearland, Texas Social Recreational Building, including homeowner's association neighborhood recreation centers Onsite Detention Facility Entertainment Recreational Uses Park and /or Playground (Private) Park and /or Playground (Public;Municipal) Swimming Pool, Private (Uses Only By Resident) Tennis or Swim Club (Private, For Profit) Tennis Court (Private /Not Lighted) Office Uses Clinic, Medical or Dental Credit Agency Financial Institution (No Motor Bank Services) Financial Institution (With Motor Bank Services) Financial Services (Advice /Invest) Insurance Agency Offices Office, Brokerage Services Office, Legal Service Office, Medical /Dental {Defined Under Medical Facilities} Office, Professional and General Business (other than those listed) Office, Real Estate Security Monitoring Company (No Outside Storage) Travel Agency, Bureau or Consultant Automatic Teller Machine (ATM) Barber /Beauty Shop /Tanning Studios (No Related School /College) Mailing Service (Private) Pharmacy (Retail Only) Seamstress or Dressmaker (Retail Only) Retail Business Service Uses Antique Shop (No outside storage) Art Supply Store Bakery or Confectionery Shop (Retail Sales, Inside Service Only) Book /Stationery Shop (Retail Only) Camera Shop (Retail Only) Copy /Printing Shop Drapery/Blind Shop Florist Shop (Retail Only) Gift or Card Shop (Retail Only) Handicraft Art Object Sales Shop Ice Cream/Yogurt Shop (For On -or Off -Site Consumption) Optical Shop Paint, Wallpaper Shop (Retail Only) Pharmacy /Drug Store (Retail Only) Retail Shops, Apparel, Accessories, Gifts Similar Goods (Other than those listed: No outside Storage) Institutional /Governmental Uses Child Day Nursery 9 L: \ggurrola \Warren's Province \New Folder \Province Village PUD ammendment 11- 11- 09.doc Province Village Planned Unit Development City of Pearland, Texas Day Camp (For Children) Governmental Building or Use (County, State, or Federal) Hospice (Defined Under Household Care Facility) Institution of Religious, Educational or Philanthropic Nature Library, Public Municipal Public Administration Offices Museum (Indoors Only) Rectory/Parsonage School- Other than Public or Parochial Studio for Radio and /or Television (No Tower[s]) Utility Related Service Uses Satellite Dish (Private, less than 4' in diameter) {See Telecommunications Regs. Chp. 2, Art. 5 Div. 5 of the UDC} Telephone Business Office Commercial Related Service Uses Contractor's Temporary On -Site Construction Office (only with permit from B.O.) Bank Site (Additional Restrictions) The following additional restrictions are being placed on the 1.53 acre proposed bank site located in the northwest corner of the proposed Restricted OP Zone: The drive thru on any bank shall be oriented so that the following conditions will not occur: 1) While a vehicle is stationary (conducting transactions) in the drive thru lane, the vehicles lights will not shine directly onto the residential area to the North. 2) The queue (vehicle stacking) for the drive thru will not cause a blockage of traffic on any adjacent public streets. 3) The bank site will have lights that are hooded or constructed in such a way so that the bulb is not visible from the adjacent residential property on the north side of the 1.53 acre development. A photometric drawing will be sent to the City Engineer for review and approval. The facade of the proposed bank building on the Pearland Parkway side will meet the requirements for the Corridor Overlay District. The requirements of the Corridor Overlay District include articulation of the wall, minimum glass coverage, and construction materials to insure that the building will have a pleasant look from Pearland Parkway. Any site or structure that faces Pearland Parkway shall comply with the Corridor Overlay District Requirements. Proposed 7.16 acre OP Zone (Additional Restrictions) The following additional restrictions are being placed on the 7.16 acre proposed OP Zone. These additional restrictions will also apply to the 1.53 acre bank development. As required by the Pearland UDC we will be constructing an 8 foot high masonry fence that separates the proposed OP from the residential neighbors to the north. The 8 foot high fence, the required plantings, and the 25' landscape buffer will reduce noise and light pollution. 10 L: \ggurrola \Warren's Province \New Folder,Province Village PUD ammendment 11- 11- 09.doc Province Village Planned Unit Development City of Pearland, Texas If the required 8 foot fence is not able to be placed on the property line then it will be placed approximately 10 feet from the property line (along the south line of the 10 -foot drainage easement) with periodic access for maintenance of the drainage swale. This alternate placement of the fence will permit the applicant to comply with light and noise issues and meet all the requirements of the current Unified Development Code. The height of buildings allowed on this 7.16 acre site will be restricted. As shown on Exhibit 8, a rear setback line in excess of the 25' minimum may be required depending on the height of the proposed building. For properties and uses adjacent to the northern property line, the lighting must face south and away from the adjacent residential uses and zoning district. This additional requirement will greatly minimize the visibility of any proposed building from the neighboring residential area to the north. The hours of business operation in the proposed 7.16 acre OP Zone shall be restricted to 6 a.m. to 9 p.m. VI. Phasing and Development Schedule It is was anticipated that Province Village PUD would be developed in phases with Tract One anticipated within the initial phasing and a portion of the General Business parcel fronting East Broadway. However, the location and timing of phases will be dependent upon market driven forces. At the time of this submittal, it is the intent of the applicant to develop the Office Professional parcel as well as retaining some out parcels for the real estate market where also, at this time the applicant intends on providing street and infrastructure construction within the residential tracts marketing the lots to home building entities. The applicant does reserve the right to market entire non improved residential tracts to home building entities. Maximum coverage of the buildable area, either within the Office Professional, General Business, or Residential designated areas, for primary or accessory buildings, structures, or dwelling units shall comply with all requirements of the current Unified Development Code for the City of Pearland. 11 L: \ggurrola \Warren's Province \New Folder`Province Village PUD ammendment 11- 11- 09.doc Province Village Planned Unit Development City of Pearland, Texas VII. Legal Description and Boundary Survey LEGAL DESCRIPTION Province Village P.U.D. consists of three parcels. As of the date of this application Tracts One and Two are owned by Tex Proj 2008 LLC, Dan Brown, 3049 Sherwood Forest, Baton Rouge, Louisiana 70815. Tract Three is owned by T. B. Alexander Family, L.P., General Partner: T. B. Alexander Limited, Inc. Legal Description, City of Pearland, Province Village P.U.D. The following descriptions comprise 47.65 Acres, divided into three parcels. Tract One contains 15.00 acres, Tract Two contains 26.9158 acres with Tract Three containing 5.7375 acres. Tract One DESCRIPTION OF 15.000 ACRES TRACT ONE Of a 15.000 acre tract of land out of the Dissen called 136.955 acre tract, recorded in Volume 505, Page 86, of the Deed Records of Brazoria County, Texas, situated in the Thomas J. Green Survey, Abstract 198, Brazoria County, Texas, more particularly described by metes and bounds as follows: BEGINNING at a 5/8 -inch iron rod set in the southeasterly line of Pearland Parkway (130' R.O.W.) marking the westerly corner of herein described tract and the northerly corner of a 18.000 acre tract that bears South 62° 50' 53" East, 68.63' and North 45° 52' 02" East, 931.96' from a 1/2 -inch iron rod found marking the west corner of aforesaid 136.955 acre Dissent tract. Also being in the northerly line of F.M. 518 (100' R.O.W.) and the centerline of said Pearland Parkway; THENCE North 45° 52' 02" East with the southeasterly line of Pearland Parkway a distance of 649.29' to a 5/8 -inch iron rod set marking the northerly corner of herein described tract; THENCE South 62° 50' 53" East a distance of 1275.40' to a 5/8 -inch iron rod set in the northerly line of a 90' wide drainage easement to the City of Pearland, recorded in the Volume 87, Page 765, Official Records, marking the easterly corner of the herein described tract; THENCE South 73° 46' 37" West with the northerly line of said 90' drainage easement a distance of 608.52' to a 5/8 -inch iron rod set at an angle point in said easement for corner; 12 L:\ggurrola \Warren's Province \New Folder\Province Village PUD ammendment 11- 11- 09.doc Province Village Planned Unit Development City of Pearland, Texas THENCE South 67° 12' 31" West continuing along said easement a distance of 163.33' to a 5/8 -inch iron rod set at an angle point in said easement for corner; THENCE South 52° 53' 48" West continuing along said easement a distance of 79.97' to a 5/8 -inch iron rod set, marking the southerly corner of herein described tract. Also being the east corner of aforesaid 18.000 acre tract; THENCE North 62° 50' 53" West with the common line of said 18.000 acre tract and herein described tract containing 15.000 acres or 653,400 square feet of land. Tract Two DESCRIPTION OF 26.9158 ACRES TRACT TWO Of a 26.9158 acre tract of land in the Thomas J. Green Survey, Abstract 165, Brazoria County, Texas and being a part of that certain 136.955 acre tract conveyed from Jennie J. Settegast, et al, to W.J. Dissen by instrument recorded in Volume 505, Page 86 of the Deed Records of Brazoria County, Texas, more particularly described as follows: BEGINNING at a point in the northerly line of F.M. 518 (Broadway) marking the most southerly and beginning corner of herein described tract that bears North 62° 50' 53' West, 347.72' from a 5/8 -inch steel road found marking the southerly corner of aforesaid 136.955 acre dissent tract from said point beginning a found 3/4 -inch steel rod bears North 45° 05' 47" East, 0.58' also being the westerly corner of a 1.955 acre tract conveyed to H. L. P. Company by instrument recorded in Volume 1147, Page 19 of the Deed Records of Brazoria County; THENCE North 62° 50' 53" West with the northerly line of F.M. 518 and southerly line of said 136.955 acre tract a distance of 765.52' to 5/8 -inch steel rod set marking the westerly corner of herein described tract being the southerly corner of a 90' wide drainage easement recorded in Volume (87) Page 765 of the Official Records of Brazoria County, Texas; THENCE North 45° 23' 48" East with the southeasterly line of said 90' easement a distance of 765.40' (called 765.02') to a 5/8 -inch steel rod set an angle point in said drainage easement; THENCE North 52° 53' 48" East with the southeasterly line of said drainage easement a distance of 198.18' to a 5/8 -inch steel rod set at an angle point in said 90' drainage easement; THENCE North 67° 12' 31" East with the southeasterly line of said drainage easement a distance of 146.87' to a 5/8 -inch steel rod set at an angle point in said easement; THENCE North 73° 46' 37" East, with the southerly line of said drainage easement a distance of 589.10' to a 5/8 -inch steel rod set at an angle point in said easement, being the most northerly corner of herein described tract; THENCE South 46° 43' 39" East with the southerly line of said drainage easement at 225.83' set at a 5/8 -inch steel rod for reference corner continuing for a total distance of 283.02' 13 L: \ggurrola \Warren's Province New Folder\ Province Village PUD ammendment 11- 11- 09.doc Province Village Planned Unit Development City of Pearland, Texas to a point on the centerline of Clear Creek for corner being on the Harris County and Brazoria County Line; THENCE along the centerline of Clear Creek and county line of the following courses and distances: South 08° 58' 14" West, 52.01' feet to an angle point for corner; South 01° 58' 30" West, 34.90' feet to an angle point for corner; South 15° 20' 57" East, 39.69' feet to an angle point for corner; South 19° 42' 33" East, 57.52' feet to an angle point for corner; South 14° 09' 52" East, 79.51' feet to an angle point for corner; South 14° 33' 54" East, 57.77' feet to an angle point for corner; South 17° 08' 04" East, 75.39' feet to an angle point for corner being in the northwesterly line of a 80' wide H. L. P. Company transmission easement conveyed as Tract 2 by instrument recorded in Volume 1147, Page 19 of the Deed Records of Brazoria County, Texas; THENCE South 45° 07' 16' West departing the centerline of Clear Creek a distance of 64.30' to a 5/8 -inch rod set at an angle point for corner; THENCE South 45° 06' 05" West continuing along the northwesterly line of said 80' easement a distance of 724.73' to a 3/4 -inch steel rod found for corner being the easterly corner of aforesaid H.L. P. Company 1.955 acre tract; THENCE North 44° 56' 04" West with the northeasterly line of said 1.955 acre tract a distance of 260.00' to a 3/4 -inch steel rod found for corner being the northerly corner of said 1.955 acre tract; THENCE South 45° 05' 47" West with the northwesterly line of said 1.955 acre tract at 380.91' (called 381.19') pass a 3/4 -inch steel rod found continuing for a total distance of 381.49' to a point of beginning of herein described tract containing 26.9158 acres of land. Subject to 2.7 acres more or less within the flood plain. Tract Three DESCRIPTION OF 5.7375 ACRES TRACT THREE Of 5.7375 acres of land being situated in the W.D.C. Hall Survey, Abstract No. 23, Harris County, Texas, and being out a 468.92 acre tract being more fully described in Volume 1676, Page 362 of the Deed Records of Harris County, Texas, said 1.3366 acres of land being more particularly described by metes and bounds as follows: 14 L: \ggurrola \Warren's Province \New Folder\ Province Village PUD ammendment 11- 11- 09.doc Province Village Planned Unit Development City of Pearland, Texas BEGINNING at a 5/8 -inch iron rod set for corner in the northwesterly right -of -way line of Country Club Drive, said iron rod bears North 37° 14' 08" East, a distance of 166.33 feet from the intersection of the northwesterly right -of -way line of said Country Club Drive and the described centerline of Clear Creek; THENCE North 14° 10' 00" West along the easterly line of a residue of a 240 foot drainage easement, as recorded in Volume 2582, Page 164 of the Deed Records of Harris County, Texas, a distance of 101.60 feet to a 5/8 -inch iron rod set for corner; THENCE North 54° 56' 00" West continuing along the easterly line of said residue, a distance of 241.07 feet to a 5/8 -inch iron rod set for corner; THENCE North 09° 49' 00" West continuing along the easterly line of said residue, a distance of 243.61 feet to a 5/8 -inch iron rod set for corner in the northwesterly line of said 568.92 acre tract, same being the southerly line of an 80 foot wide Houston Lighting Power Company easement recorded in Harris County Clerk's File No. D739468; THENCE North 45° 00' 30" East along the northwesterly line of said 468.92 acre tract and the southerly line of said 80 foot wide Houston Lighting Power Company easement, a distance of 543.53 feet to a 5/8 -inch iron rod set in the westerly line of a Harris County Flood Control easement; THENCE South 02° 00' 00" East along the westerly line of said Harris County Flood Control easement, a distance of 27.78 feet to a 5/8 -inch iron rod set for the beginning of a curve to the left; THENCE with said curve to the left, having a radius of 595.00 feet, a central angle of 42° 59' 31 an arc length of 446.46 feet, a chord bearing of South 23° 29' 43" East and a chord distance of 436.06 feet to a 5/8 -inch iron rod set for a point of tangency; THENCE South 44° 59' 30" East, a distance of 27.41 feet to a 5/8 -inch iron rod set for corner on the northerly right -of -way line of County Club Drive (based on a 80.00 foot wide right of -way); THENCE South 37° 14' 08" West along the northwest right -of -way line of said Country Club Drive, a distance of 520.36 feet to a 5/8 -inch iron rod set for the PLACE OF BEGINNING of the herein described tract and containing within these calls 249,925 square feet or 5.7375 acres of land. Note: This document was prepared under 22 TAC 663.21, does not necessarily reflect the results of an on- the ground survey and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. BOUNDARY SURVEY Please refer to Exhibit 8 Boundary Survey. 15 L: \ggurrola \Warren's ProvinceNew Folder\ Province Village PUD ammendment 11- 11- 09.doc Province Village Planned Unit Development City of Pearland, Texas Filename: Province Village PUD ammendment 11 -11 -09 Directory: L: \ggurrola \Warren's Province \New Folder Template: C: \Documents and Settings \ggurrola\Application Data \Microsoft\Templates \Normal.dot Title: Province Village Subject: Author: LJA Engineering Keywords: Comments: Creation Date: 11/10/2009 5:45:00 PM Change Number: 6 Last Saved On: 11/24/2009 2:24:00 PM Last Saved By: wescovy Total Editing Time: 53 Minutes Last Printed On: 11/30/2009 11:22:00 AM As of Last Complete Printing Number of Pages:17 Number of Words:6,511 (approx.) Number of Characters: 34,578 (approx.) 1 4 1 ,11 "N, a Qy O Ep 0 K 1 A Ow AIVNI no NMAM ST VETERANS OR MYNAWA RO I. 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