Ord. 509-506 02-26-01ORDINANCE NO. 509-506
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN
DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR
THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN
REAL PROPERTY LOCATION BEING A 10 ACRE TRACT OUT OF THE
SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 17, H. T. & B.
R.R. CO. SURVEY, A-242, BRAZORIA CO., TX (APPLICATION NO. 965)
(OLD CHOCOLATE BAYOU ROAD @ FITE ROAD) FROM
CLASSIFICATION GENERAL BUSINESS DISTRICT (GB) TO PLANNED
UNIT DEVELOPMENT (PUD) AT THE REQUEST OF KNUDSON &
ASSOCIATES, AGENT FOR SIGNATURE HOMES AND BAR CROSS
LIMITED, OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND
USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, AN EFFECTIVE DATE; AND OTHER
PROVISIONS RELATED TO THE SUBJECT.
WHEREAS, Knudson & Associates, agent for Signature Homes and Bar Cross
Limited, Owners, filed on December 15, 2000, an application for amendment pursuant to
Section 28 of Ordinance No. 509, the Land Use and Urban Development Ordinance of the
City, for approval of a change in the land use as provided for in said Section 28, said
property being legally described in the original applications for amendment attached
hereto, and made a part hereof for all purposes, as Exhibit "A"; and
WHEREAS, on the 15th of January, 2001, a Joint Public Hearing was held before
the Planning and Zoning Commission and the City Council of the City of Pearland, Texas,
notice being given by publication in the official newspaper of the City, the affidavit of
publication being attached thereto and made a part hereof for all purposes, as Exhibit "B",
said call and notice being in strict conformity with provisions of Section 28.3 and 28.4 of
Ordinance No. 509; and
WHEREAS, on the 16`hday of January, 2001, the Planning and Zoning Commission
1
ORDINANCE NO. 509-506
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by, Knudson & Associates, agent for Signature Homes
and Bar Cross Limited, Owners, whereby the Commission recommended and approved
a change of classification for the property described in Exhibit "A" from its existing
classification of General Business District (GB) to Planned Unit Development ( PUD); and;
WHEREAS, upon receipt of the report from the Planning and Zoning Commission,
the City Council considered this application, and concurred with the recommendation of
the Planning and Zoning Commission, at a regular meeting on February 12, 2001, 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 Knudson & Associates, agent for Signature Homes and Bar Cross
Limited, Owners, presented which, in the judgment of the City Council, would justify the
approval of said application, it is therefore,
ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
The following described property located within the corporate City limits of the City
of Pearland, Texas, and presently classified as General Business District (GB) is hereby
for all purposes changed and reclassified as Planned Unit Development ( PUD); such
property being more particularly described as:
A 10 acre tract out of the Southwest 1/4 of the Northwest 1/4 of Section 17, H. T.
& B. R.R. Co. survey, A-242, Brazoria Co., TX (Old Chocolate Bayou Road @ Fite
Road)
2
ORDINANCE NO. 509-506
II.
The City Council of the City of Pearland finds and determines that the recitations in
the preamble hereof are true and that all necessary prerequisites of law have been
accomplished and that no valid protest of the proposed change has been made. The City
Council further finds and determines that there has been compliance with the mandates
of
law in the posting and presentation of this matter to the Planning and Zoning Commission
and to the City Council for consideration and decision.
III.
The City Council of the City of Pearland finds and determines that the Specific Use
Permit granted herein promotes the health, safety, morals, and general welfare of the
public and is a proper valid exercise of the City's police powers.
IV.
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is
for any reason held invalid or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct, and independent provision and such holding
shall not affect the validity of the remaining portions thereof.
V.
All rights and remedies which have accrued in the favor of the City under this
Ordinance and its amendments thereto shall be and are preserved for the benefit of the
City.
3
ORDINANCE NO. 509-506
VI.
The City Secretary is hereby directed to cause to be prepared an amendment to the
official Land Use District Map of the City, pursuant to the provisions of Section 2 of
Ordinance No. 509, and consistent with the approval herein granted for the issuance of a
Specific Use Permit.
VII.
PASSED, APPROVED, and ADOPTED on First Reading this 12 day of
February ,2001.
TOM REID
MAYOR
ATTEST:
A
• UNG ��rrN
YSail-ETA 'Y
OL-P
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 26 day
of February , 2001.
TOM REID
MAYOR
4
ORDINANCE NO. 509-506
ATTEST:
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
5
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)( Change in Zoning Classification from: 615 to: PUO
Change in Regulations in Section n:
Specific Use for: *
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Property address: Ne. (_e4JJER OF
gr, 4( 6.40c Jtn& Seca 2040
Lot: N/A Block: N/A
Subdivision:
Metes & Bounds Description: ��++
(unplatted property only; attach survey). ATTDc1tEc JU.gve.yy
Tax I.D. number: 7002.34517
`/
Current use of land: VACANT
�� �
land within designation: n �F.SIDeNBA
Proposed use of requested _/"CE.MAAEPC1M__
Record owner's name: S I SKU LE i-kMes 4- j CC fSS L--+'✓
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Owner's mailing address: 7757 AN &L'IFE SMII 2C*
Owner's telephone number: ty
IDUST / Ix 1'
Agent's name: 4uj so►J * 4SSCCIMC5
Agent's mailing address: SSSS 6011 r`•WY� Suit 441 Pious
15
77oz+
Agent's telephone number: 113-3.82oO
PETITION: As owner/agent, I hereby petition the City for approval of the above described request as
provided by the laws of the State of Texas and Ordinances of the City of Pearland. *On a Specific Use Permit
request to allow a residential use in a business zone (OP, NS, GB), I acknowledge that such use may be
incompatible with current and future uses on properties in my vicinity.
1 Owner's signature:
Agent's signature: V-
t Fees paid: S ZSO. oo
Date paid: /c2— /S D o
Received by:
Y ... ,r,
OWNERS: SIGNATURE HOMES &
BAR CROSS LTD.
City of Pearland, Texas
ZONE CHANGE
FROM
GB TO PUD
SHEET
r:,' 400.
CAD RC:
00-8022
McKN
OWNERS: SIGNATURE HOMES do
BAR CROSS LTD.
City of Pearland, Texas
ZONE CHANGE
FROM
GB TO PUD
M. r
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00-8022
SHEET
OF 1
i%rrilLJAVi 1 yr rUDLI /11IVIN
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Randy Emmons, hereby certify that the notice hereby appended was published
n Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
circulation in Brazoria and Harris Counties, for % issues, as follows:
No. / Date /,2- 7 20 00
No. Date 20
No. Date 20
No Date 20
No. Date 20
subscribe and sworn to before me this .723 day of edtc
c
a
►�•
• tlturit- utco ONSu
Notary
Pub&c, State of ,E8t Texas
isher
xas
Published Dec. 27, 2000 &
Jan. a2001
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING IG AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
Notice ishereby given that
on the 15th day.ot January,
2001, at 6:30 p.m., the City
Council and the Planning
and Zoning Commission of
the City of Pearland,
Brazoria, Harris and ForC
Bend Counties, Texas, will
conduct a Joint Public
Hearing in the Council
Chambers, City Hall, 3519
Liberty Drive, Pearland,
Texas, on the request. of
Knudson & Associates,
agent for Signature Homes
& Bar Cross Larded, owner,
for an amendment to the
Land Use and. Urban
Development Ordinance of
said City from Classification
General Business District
(GB) to Plenned Unit
Development (PUD) on the
cdesmbed proper -
to .
acre tract out of -Itt
_est 1/4 of thg
ryaa£
H.-T. & B. RR Cd. survey,
A•242, Brazoria Co., TX
(Old Chocolate Bayou 0
Re Road)
Ataaid heating a interest-
ed'parties shall have the
right and opportunity to
appear and be heard on the
sU
01 Yo ngleriec
City Seotdary
POPUOSIORNIX100
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Randy Emmons, hereby certify that the notice hereby appended was&published
in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
circulation in Brazoria and Harris Counties, for / issues, as follows:
No f' Date if 20
No. Date 20.
No Date 20
No Date 20
No. Date 20
ath'resident
Subscribe and sworn to before me this day of ilk
20 0 I
i aeo ly
�. •� t,• Vie
Nota
her
Public, State o exas
Published Dec. 27, 2000 &I
Jan. 3, 2001, .. .
NOTICE OF A JOINT
PUBLIC KEARWG OF 1II{
CITY COUNCIL AND THE
'PLANNINGANDZONING
CORM.
ICITY OFPEARLAND,
TEXAS
Notice is hereby given that
en the 151h day of Janbary,.
2001,at 6:30p.m., the Cd'�
Council and the Planni
ix! Zoning Commission d
the City of Pearlan4
6razoria, Harris and Fog
Bend Counties, Texas, wij
conduct a Joint Public
Hearing in the Councig
`Chambers, City }fall, 3519'
Liberty Drive, Pearland,
Texas, on the request of
Knudson & Associates,
agent for Signature Homes;
& Bar Cross Limited, owner,
for an amendment to the
Land Use and Urban
Development Ordinance of ,
Said City from Classification
LB
neral Business District
J to. Planned- Unitg
elopment (PUD) on
following described proper!
4y, to wit ' _ L
10 acre tract put ott
Southwest 1/4''ot th
Nattiest 114 of Suf i
Ft T 6 a. ft a to.:atrn
A-242, Brazoria Ce. T
(Old Chocolate Has
Fite Road)
At said hearing all int-wrist-
ed parties shall havete.
right and opportunity to
appear and be (ward on the.
subject
/s/ Young Lotting 1
City Seaekuy
APPLICATION NO, 965 p
January 16, 2001
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 965
Request of Knudson & Associates, agent for Signature Homes and Bar Cross Limited,
owner for an amendment to the Land Use and Urban Development Ordinance of said City
from General Business District (GB) to Planned Unit Development (PUD) on the following
described property, to wit:
10 acre tract out of the Southwest 1/4 of the Northwest 1/4 of Section 17, H. T. & B. R.R. Co.
survey, A-242, Brazoria Co., TX (Old Chocolate Bayou Road @ Fite Road)
Honorable Mayor and Council Members:
At a regular meeting held on January 15, 2001, after a Joint Public Hearing, the Planning and
Zoning Commission considered the above -mentioned request.
A motion was made by Vice -Chairman Donald Glenn and seconded by Commissioner Emil A.
Beltz to recommend approval of Zone Change Application No. 965.
Motion to approve passed 4 to 3.
This is submitted for your consideration
Sincerely,
aftilLIA/00,
H. Charles Viktorin, Chairman
Planning & Zoning Commission
C
Exhibit
Ordinance No. 509-506
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THE VILLAGE AT PEARLAND
Planned Unit Development Rezoning Application
City of Pearland
Submitted on Behalf of Signature Homes & Bar Cross Ltd.
VNUDSON
associates
December 15, 2000
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THE VILLAGE AT PEARLAND
Planned Unit Development Rezoning Application
City of Pearland
Table Of Contents
Executive Summary . 1
I. Existing Conditions 2
II. Project Description and Objectives . 5
A. Planning Objectives and General Description
711 B. Lot Layout
C. Automobile and Pedestrian Circulation
D. General Landscape and Perimeter Treatment
E. Preliminary Architectural Considerations
III. Quantitative Data . 13
IV. Utilities 14
V. Development Schedule . 14
P" VI. Selling/Leasing Proposal 15
L VII. Feasibility and Market Study .. 15
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Appendices
Submitted on Behalf of Signature Homes & Bar Cross Ltd
By Knudson & Associates
12/15/00
THE VILLAGE AT PEARLAND
Planned Unit Development Rezoning Application
City of Pearland
List Of Exhibits
Exhibit 1: Aerial Photo 3
Exhibit 2: Existing Conditions 4
Exhibit 3: Typical Lot Lines 6
Exhibit 4: Development Plan 7
Exhibit 5: - - Land Use Areas 8
Exhibit 6: Automobile and Pedestrian Circulation 11
Exhibit 7: General Landscape and Perimeter Plan . 12
Submitted on Behalf of Signature Homes & Bar Cross Ltd
By Knudson & Associates
12/15/00
THE VILLAGE AT PEARLAND
Planned Unit Development Rezoning Application
City of Pearland
Executive Summary
The purpose of this planned unit development (PUD) application is to request the re-
zoning of a 10 acre site 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
zoned SD (Suburban Development) and GB (General Business). 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
in building siting, mix of uses and housing types, provision of open spaces, and
preservation of significant natural features.
The proposed Village at Pearland PUD will consist of approximately (not to exceed) 54
townhomes- and a commercial area of 25,000 square feet of floor space. It will be designed
under the concept of the `urban village", with a central park surrounded by the residential
and commercial structures. The project will benefit the City by providing quality housing
and commercial space within an innovative planning and architectural scheme. The tax
revenues will also be greater than those accruing from a more conventional single-family
development.
Submitted on Behalf of Signature Homes & Bar Cross Ltd
By Knudson & Associates
12/15/00
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THE VILLAGE AT PEARLAND
Planned Unit Development Rezoning Application
City of Pearland
I. Existing Conditions
The Village at Pearland PUD is located on the northeast corner of Fite Rd. (CR 91)
and Chocolate Bayou Rd. (CR 89) in the City of Pearland. The site is square,
measuring 660' on each side, and has a surface area of 10 acres. The parcel is
mostly flat, with a variation of less than two feet in elevation across the site. It is
largely devoid of trees, with the exception of 10 mature live oaks on the northern
section. These trees will be relocated within the property to comply with the City's
tree protection ordinance.
The site is currently zoned SD (suburban development) and GB (General
Business). The site is bordered by a vacant, wooded property to the north; a
manufacturing establishment to the east; large lot residential development to the
west (across Chocolate Bayou Rd.); and single-family residential development and
a gas station to the south (across Fite Rd.) (see Exhibits 1 and 2). Currently, there
are plans to widen and improve both of the project's thoroughfares. Chocolate
Bayou Rd. will be replaced by Cullen Blvd., which will also follow a new
alignment, curving to the west on the northwestern -most portion of the site.
Submitted on Behalf of Signature Homes & Bar Cross Ltd
By Knudson & Associates
12/15/00
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THE VILLAGE AT PEARLAND
Planned Unit Development Rezoning Application
City of Pearland
II. Project Description and Objectives
A. Planning Objectives and General Description
The Village at Pearland PUD consists of approximately (not to exceed) 54
townhomes and three commercial/office structures designed around a central park.
The fee simple townhomes will consist of two to three story attached dwelling units
with two -car garages.
The development has been designed according to the concept of an "urban village".
This planning model emphasizes a medium -density mix of homes and small
businesses with well-defined common areas. This model is fully consistent and
supportive of the City of Pearland's Comprehensive Plan in providing a gradual
transition of land use intensity from commercial development located at and along
major thoroughfares to varying densities of single family housing. This
transitioning of uses and intensity achieves greater levels of compatibility not
normally seem in more traditional development patterns. In more traditional
development, transitions between different uses are often abrupt and require heavy
buffering. Urban villages are a unique and promising form of development which
provide the following:
• Quality common spaces which serve as the focus and center of the
neighborhood;
• A harmonious mix of homes and businesses that provides visual and functional
variety;
• A strong sense of community provided by the prominent location of common
spaces, which also afford passive recreational use with pathways, seating, and
water features;
• Village -style architecture with modest setbacks and strong street presence;
• Quality medium -density homes in an attractive small-town setting; and
• Continuity of "village character" throughout the development achieved by
means of consistent scale, materials, special paving accents, landscaping, and
street furniture, including light standards, benches, and trash receptacles.
The proposed Pearland Urban Village follows these guidelines by creating a central
park as the visual focus of the community. This multipurpose village "green" or
"common" will have a central water feature, perimeter benches, activity kiosk, and
attractive landscaping. The townhomes will surround the park on three sides, with
the commercial area of the project enclosing the fourth side (see Exhibits 4 and 5).
The proposed commercial area of the project consists of three commercial
structures: a 3,200 square feet one-story, currently planned as a restaurant, and two
4,980 square feet two-story buildings, currently planned for ground floor retail and
for offices and professional services. The development requirements for the
Submitted on Behalf of Signature Homes & Bar Cross Ltd
By Knudson & Associates
12/15/00
THE VILLAGE AT PEARLAND
Planned Unit Development Rezoning Application
City of Pearland
commercial area would follow the General Business (GB) zoning classification.
The commercial area occupies the comer on the main intersection and will be
visually buffered from the major thoroughfares and the residential area by
landscaped borders.
Overall, the proposed residential area occupies most of the site, with 6.6 acres or
68% of the total area. The commercial area occupies 2.1 acres or 22% of the total.
The park occupies approximately one acre (10% of the total area) (see section III,
below). These land uses may be increased or decreased in acreage by up to 25% as
the final plat is developed. The percentage land use area change is required to
ensure the success of the development by maintaining planning flexibility in
response to changes in economic and market conditions. Land uses may be
interchanged within the boundaries of the PUD, provided their acreage is kept
within the 25% range mentioned above and otherwise conform to the City of
Pearland regulations.
B. Lot Layout
The typical residential lot of the PUD measures 30'x100'. All lots will have a front
setback or building line of 20' and.a rear setback of 10'. Corner or end (semi -
attached) lots will have an additional 5' side setback on their free side. Interior lots
may have townhomes attached on both ends, with no side setbacks. In lots with no
side setbacks the dwelling unit will cover 70% of the lot, which is the required
maximum for the lots of Pearland's PUDs. On corner or end lots with one side
setback the dwelling units would cover no more than 58% of the lot (see Exhibit 3,
below).
Exhibit 3: Typical Lot
Setbacks and Coverage
-- Side Line
Rear Line r - 10' _ 10' -„
I.
1
5'}� I 1
I. 1 1 1
lg. I to
•
Front Line I I I I
� 1 2,_ ._0, T I i 20, Li-
.
30' 30'
I
Corner Lot Interior Lot
Setbacks Setbacks
(58% Coverage) (70% Coverage)
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Submitted on Behalf of Signature Homes & Bar Cross Ltd
By Knudson & Associates
12/15/00
THE VILLAGE AT PEARLAND
Planned Unit Development Rezoning Application
City ofPearland
C. Automobile and Pedestrian Circulation
Automobile circulation within the project is separated among the residential and
commercial areas; there are no direct connections between the two land uses. The
residential area has two exit/entrances, one off Fite Rd. and the other off Chocolate
Bayou Rd. The residential area has a circuitous internal circulation loop intended
to discourage cut -through traffic at this busy intersection. A number of townhouse
lots are accessed through private streets terminating with turnarounds. Twenty-
nine guest parking spaces are conveniently provided for the residential area, more
than one guest space for every two residential units.
The commercial area also has one entrance/exit off each thoroughfare. The
circulation in this case is organized around the parking lots. The amount of parking
provided for the commercial area complies with the requirements for fast food or
sit-in restaurants (1 parking space for every 75 square feet) and business services (1
parking space for every 200 square feet). The restaurant has 44 parking spaces; the
other two commercial buildings have a combined total of 96 parking spaces (see
Exhibit 6).
The proposed location of the project's entrance driveways will require a variance.
Currently, the City requires separations of 250 feet and 200 feet between driveways
along Chocolate Bayou Rd. and Fite Rd., respectively. The proposed commercial
driveway off Chocolate Bayou Rd. is located 180 feet from the intersection and 170
feet from the residential driveway immediately north of it. Along Fite Rd., the
distance between the commercial and residential driveway is 140 feet. These
shorter distances between driveways are necessary due to the smallness of the site
and the need to keep the circulation of the land uses separate. The proposal will not
compromise safety issues. A Traffic Impact Analysis (TIA) is currently being
undertaken for the site in order to confirm the functionality of this proposal and to
assess the project's overall traffic impacts.
In contrast to the automobile circulation, the pedestrian circulation layout is
designed to integrate the commercial and residential areas. Sidewalks are
concentrated along the main entrance streets of the residential area and major
thoroughfares, and around the central open space. They are also provided along the
guest parking spaces of the residential area in order to ensure comfortable access to
and from the dwellings. Since the area in front of the residential lots will be mostly
paved and the access streets will not have heavy traffic, no sidewalks are provided
along the streets leading to the townhouse driveways. Pedestrian circulation along
these streets will not be blocked by parked automobiles and provide unobstructed
movement, since the proposed 20 foot front setback will provide sufficient private
driveway space for stacked parking within private townhouse lots. The sidewalks
along Fite and Chocolate Bayou roads will be 6 feet in width; all internal sidewalks
will be 4 feet (see Exhibit 6).
Submitted on Behalf of Signature Homes & Bar Cross Ltd
By Knudson & Associates
12/15/00
THE VILLAGE AT PEARLAND
Planned Unit Development Rezoning Application
City of Pearland
D. General Landscape and Perimeter Treatment
The Village at Pearland PUD will be thoroughly landscaped along streets and in the
common areas (see Exhibit 7). Trees will be planted along the main streets of the
residential area and the perimeter of the park. The commercial area will also have
trees planted along its perimeter and on planting islands on the parking lots. Shrubs
and seasonal planting are planned alongside all the entrances to the development.
Patterned concrete will be placed on all main driveways and intersections. The
project will have a monument at the corner of the major thoroughfares, which will
be enhanced with shrubs and seasonal planning.
The perimeter treatment of the residential area along Fite Rd. will consist of
fencing of masonry columns and wrought iron. Wood fencing will be used for the
remaining sides. The perimeter of the commercial area will consist of trees and
shrubbery as described above.
E. Preliminary Architectural Considerations
The project's architecture is not defined at this point in time. The architecture of
the townhomes will depend on the homebuilder chosen for the project. Efforts will
be made to harmonize the design of the commercial and residential buildings. In
general, the architecture will use mostly masonry and/or glass for the facades of
buildings, especially along the major thoroughfares, as required by the zoning
ordinance.
Submitted on Behalf of Signature Homes & Bar Cross Ltd
By Knudson & Associates
12/15/00 i'
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THE VILLAGE AT PEARLAND
Planned Unit Development Rezoning Application
City of Pearland
III. Quantitative Data
The project's quantitative data is summarized in the following tables.
Land Use
Acreage
% of
Total
Estimated Acreage Residential Use (Townhomes)
6.626 Acres
68 %
Estimated Acreage Commercial Use
2.14 Acres
22 %
Estimated Acreage Open Space (All usable)
0.92 Acres
10 %
Total Acreage of Site
9.686 Acres
100 %
Estimated Number of Dwelling Units
54
N/A
Proposed Residential Lot Coverage
70%
N/A
Gross Estimated Residential Density (Residential
8.0
N/A
Areal# of DU)
DU/Acre
Estimated Net Residential Density
14.5
N/A
(Lot Area/# of DU)
DU/Acre
Total Estimated Commercial Building Area
25,000
square feet
N/A
Estimated Commercial Floor Area Ratio
0.27
N/A
Submitted on Behalf of Signature Homes & Bar Cross Ltd
By Knudson & Associates
12/15/00
THE VILLAGE AT PEARLAND
Planned Unit Development Rezoning Application
City of Pearland
IV. Utilities
Sanitary sewer service will be provided from a proposed sanitary sewer line in Fite
Road (CR 91). Water service will be provided from existing lines in both Fite Road
and Chocolate Bayou Road (CR 89). The proposed on -site storm sewer system will
connect to an out -fall at the northeast corner of the property where it will be
conveyed to an off -site detention pond. All utilities (water, sanitary, and storm
sewer) will be installed along the private streets. A schematic utility layout is
provided in the appendix.
V. Development Schedule
The construction of the proposed Pearland Urban Village can initiate soon after
zoning change approval. The infrastructure for the residential area would be built
first. A preliminary schedule follows.
> December 15, 2000 Application for re -zoning
> January 15, 2001 Joint Public Hearing (P&Z Commission and City Council)
> February 12, 2001 lst City Council Hearing
> February 26, 2001 2nd City Council Hearing
> March — May 2001 Preparation and approval of development plats.
> Summer 2001 Construction of residential area infrastructure begins.
> December 2001
Completion of residential area infrastructure. Beginning of
construction of townhomes. Beginning of construction of
commercial area infrastructure.
> Summer 2002 Completion of commercial area infrastructure. Beginning
of construction of commercial establishments.
> December 2002 Completion of commercial area buildings.
Submitted on Behalf of Signature Homes & Bar Cross Ltd
By Knudson & Associates
12/15/00
14
THE VILLAGE AT PEARLAND
Planned Unit Development Rezoning Application
City of Pearland
VI. Selling/Leasing Proposal
All of the Village at Pearland residential lots will be sold to one primary
homebuilder. The townhomes will be built for fee simple ownership.
VII. Feasibility and Market Study
The proposed PUD represents a sound investment for the City of Pearland in terms
of fiscal benefits. Because the PUD consists of a mixed -use development, taxes are
collected from both residential and commercial property, and sales tax revenue is
also -obtained. A preliminary fiscal analysis of the PUD shows $8.1 million in
residential assessed value, $1.8 million in commercial assessed value, and $12,000
in annual sales tax revenue. Compared to a typical single-family subdivision at a
density of 4 units/acre, the proposed PUD can command more than 80% more
value per acre. The revenue for the school district by student would also be larger
for the PUD. This comparison is included in the appendix.
A market study for the project is currently being prepared in order to confirm the
demand for the project's proposed housing and commercial product.
Submitted on Behalf of Signature Homes & Bar Cross Ltd
By Knudson & Associates
12/15/00
THE VILLAGE AT PEARLAND
Planned Unit Development Rezoning Application
City of Pearland
Appendices
A. Title Document & Metes and Bounds
B. Tax Analysis Sheet
C. 24" x 36" Survey
D. 24" x 36" Landscape Plan (Exhibit 7)
E. 24" x 36" Utility Schematic Plan
Submitted on Behalf of Signature Homes & Bar Cross Ltd
By Knudson & Associates
12/15/00
A. Title Document & Metes and Bounds
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08,18/00 13:13 FAX 713 780 7869 COMMONWEALTH
002/011
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issum By
III C.oM-M0, -M.TH LAND t F.INsuRANCE • MPANY
>~I Commonwealth
gCe' A LA::u!LM CA CCA %RY
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THE FOLLOWING COMMITMENT FOR TITLE INSURANCE 1S NOT VAUD UNLESS YOUR NAME AND THE POLICY
7 g AMOUNT ARE SHOWN IN SCHEDULE A, AND OUR AUTHORIZED REPRESENTATIVE HAS COUNTERSIGNED
a BELOW.
We Commonwealth LandTreeInsurance Company will issue our title insurance policy or policies (the Policy) to You
76 (the proposed insured) upon payment of the premium and other charges due, and compliance with the requirements
C in Schedule B and Schedule C. Our Policy will be in the form approved by the Texas Department of Insurance at the
I- date of ""issuance, and will insure your interest in the land described in Schedule A. The estimated premium for our Poli-
7 G cy and applicable endorsements is shown on Schedule D. There may be additional charges such as recording fees,
E and expedited delivery expenses.
COMMITMENT FOR TITLE INSURANCE
This Commitment ends ninety (90) days from the effective date, unless the Policy is issued sooner, or failure to
L.
P. issue the Policy is our fault. Our liability and obligations to you are under the express terms of this Commitment and
end when this Commitment expires.
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fr. IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused this
commitment to be signed as of the effective date of commitment as shown in Schedule A, the commitment to
..w •E become valid and binding only when countersigned by an authorized signatory.
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Dated:
COMMONWEALTH LAND TITLE INSURANCE COMPANY
By: Ct/sjj- a 642.4-1-t.
Ace= L n i
;J:-PA4:1
Prtaidcnt
Secrersry
EI
Commitment for Title Inswance - T-7
Page One - Texas (Rev_ 10-1-97)
Forrn 1177-1
ORIGINAL
08.18/00 13:14 FAX 713 780 7869 COMMONWEALTH
U 003/011
L Closer: DAVID BRANDT
Examiner/KeyeDLS
printed by:
Title Data Ref: 1A2B; A242
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SCHEDULE A
Effective Date: August 13, 2000 at 7:59 a.m. G.F. No. 0086018A
Commitment No. [N/A7, issued August 18, 2000 at 12:51:06.
The policy or policies to be issued are:
(a) OWNER POLICY OF TITLE INSURANCE (Form T-1)
(Not applicable for improved one -to -four family residential
real estate)
Policy Amount: $
PROPOSED INSURED:
(b) TEXAS RESIDENTIAL OWNER POLICY OF TITLE INSURANCE
--ONE-TO-FOUR FAMILY RESIDENCES (Form T-1R)
Policy Amount: $To Be Determined
PROPOSED INSURED:
1.
(c) MORTGAGEE POLICY OF TITLE INSURANCE (Form T-2)
Policy Amount: $To Be Determined
PROPOSED INSURED:
Proposed Borrower:
(d) MORTGAGEE TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN
(Form T-13)
Birder Amount:
PROPOSED INSURED:
Proposed Borrower:
(e) Other:
Policy Amount: $To Be Determined
PROPOSED INSURED:
2. The interest in the land covered by this Commitment is:
FEE SIMPLE
Schedule A (Rev. 1/1/93) Page 2
Commitment for Title Insurance
Form 991 - Form Sheet 1
Valid Only If Schedules B, C, D
And Cover Page are Attached
08/18/00 13:14 FAX 713 780 7869
COMMONWEALTH
tj 004/011
3. Record title to the land on the Effective Date appears to be vested
in:
Pollak Constructions, Inc., a Texas corporation, DBA Signature
Homes and Bar Cross, Ltd., a Texas limited partnership
Legal description of land:
A parcel of land containing 10.0000 acres (435,599 square feet)
;:ore or less being that certain 10 acre tract conveyed from Mark B.
raynard to Basil L. Cogbill and wife Carrie Mae Coghill as recorded
in Volume 1393, Page 859,-Deed Records Brazoria County, Texas and
also being that certain 2.5 acre tract conveyed from Ernest A.
Cogbill and wife F'erele M. Cogbill to Basil L. Cogbill and wife
Carrie Mae Cogbill as recorded in Volume 1437, Page 145, Deed
Records, Brazoria County, Texas, said 10.0000 acre tract being
situated in the Southwest 1/4 of the Northwest 1/4 of Section 17,
HT & B RR. Co. Survey, Abstract No. 242 in Brazoria County, Texas,
and being more particularly described by metes and bounds as
follows:
BEGINNING at a found 3/4 inch iron pipe in the South line of that
certain tract conveyed from Charles W. Kennedy, Jr. Trustee to Earl
M. Onitsuka, as recorded in File No. 97-004030, Official Records,
Brazoria County, Texas, for the Northwest corner of that certain
tract conveyed from Blaine F. Barker II and Gary W. Bucek to G & B
Real Estate, Ltd. as recorded in File No. 99-035957, Official
Records, Brazoria County, Texas, same being the Northeast corner of
the said 10 acre tract, and.the northeast corner of the said 2.5
acre tract;
THENCE, South, with the West line of the said G & B Real Estate
Ltd. tract, same being the East line of the said 10.00 acre treact,
and the East line of the said 2.5 acre tract, at a distance of
164.67 feet pass a found 3/4 inch iron pipe for the Southeast
corner of the said 2.5 acre tract, and at a distance of 645.00 feet
-pass a found 3/4 inch iron pipe for reference and a total distance
of 660 feet to a point for the Southeast corner of the said 10 acre
tract;
THENCE, North 89 deg. 53 min. 12 sec. West, along County Road 91,
same being the South line of the said 10 acre tract, a distance of
660.00 feet to a point for the Southwest corner of the said 10 acre
tract; from which a found 1 inch iron pipe bears, North 59 deg. 45
min. 59 sec. East, 18.06 feet;
,THENCE, North, along County Road 89, same being the West ine of the
said 10 acre tract, at a distance of 495.00 feet pass the Southwest
corner of the said 2.5 acre tract from which a found 1 inch iron
pipe bears, North 84 deg. 53 ;min. 04 sec. East 16.13 feet, and
also with the West line of the said 2.5 acre tract, a total
distance of 660.00 feet to a point for the Southwest corner of the
said
kad same
e said
cre tract,nthe �North Northwest corner ofNorthwest thesaid 2.5 acre tract;
10
tract;
a
Schedule A (Rev. 1/1/93) Page 2
Commitment for Title Insurance
Form 991 - Form Sheet 2
Valid Only If Schedules B, C, D
And Cover Page are Attached
08/18/00 13:15 FAX 713 780 7869 COHNON'WEALTH
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THENCE, South 89 deg. 53 min. 12 sec. East, with the South line of
the said Onitsuka tract, same being the North line of the said 10
acre tract, and the North line of the said 2.5 acre tract, at a
distance of 16.01 feet pass a found 1 1/2 inch iron pipe for
reference, and a total distance of 660.00 feet to the POINT OF
BEGINNING and containing 10.0000 acres (435,599 square feet) of
land more or less
Schedule A (Rev. 1/1/93) Page 2
Commitment for Title Insurance
Form 991 - Form Sheet 3
Valid Only If Schedules B, C, D
And Cover Page are Attached
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08/18/00 13:15 FAX 713 780 7869 COMMONWEALTH
SCHEDULE B
Commitment No. (N/A]
G.F. No. 0086018A
EXCEPTIONS FROM COVERAGE
413006/011
In addition to the Exclusions and Conditions and Stipulations, your
Policy will not cover loss, costs, attorney's fees, and expenses
resulting from:
1. The following restrictive covenants of record itemized below (We
must either insert specific recording data or delete this
exception.):
Item 1, Schedule B is hereby deleted.
2. Any discrepancies, conflicts, or shortages in area or boundary
lines, or any encroachments or protrusions, or any overlapping of
improvements.
3. Homestead or community property or survivorship rights, if any of
any spouse of any insured. (Applies to the Owner Policy only.)
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L c_. Any titles or rights asserted by anyone, including, but not limited
to, persons, the public, corporations, governments or other
entities,
7 a. to tidelands, or lands comprising the shores or beds of
navigable or perennial rivers and streams, lakes, bays, gulfs
or oceans, or
b. to lands beyond the line of the harbor or bulkhead lines as
7 established or changed by any government., or
c. to filled -in lands, or artificial islands, or
d. to statutory water rights, including riparian rights, or
7 e. to the area extending from the line of mean low tide to the
line of vegetation, or the rights of access to that area or
L easement along and across that area.
(Applies to the Owner Policy only.)
E 5. Standby fees, taxes and assessments by any taxing authority for the
year 2000, and subsequent years; and subsequent taxes and
assessments by any taxing authority for prior years due to change
7: in land usage or ownership, but not those taxes or assessments for
prior years because of an exemption granted to a previous owner of
the property under Section 11.13, Texas Tax Code, or because of
improvements not assessed for a previous tax year.
6. The terms and conditions of the documents creating your interest in
the land.
7. Materials furnished or labor performed in connection with planned
construction before signing and delivering the lien document
described in Schedule A, if the land is part of the homestead of
the owner. (Applies to the Mortgagee Title Policy Binder on Interim
Construction Loan only, and may be deleted if satisfactory evidence
is provided to us before a binder is issued.)
8. Liens and leases that affect the title to the land, but that are
subordinate to the lien of the insured mortgage. (Applies to
Mortgagee Policy only)
Schedule B (Rev. 1/1/93) Page 3
Commitment for Title Insurance Valid Only If Schedules A, C, D
Form 991 - Form Sheet 4 And Cover Page Are Attached
08/18/00 13:15 FAX 713 780 7869
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9. The following matters and all terms of the documents creating or
offering evidence of the matters (We must insert matters or delete
this exception.):
a. Rights of Parties in Possession. (Owner Title Policy only)
b. Right of Way in favor of Brazos Valley Irrigation Company as
set out in instrument recorded in Volume 682, Page 480 of the
Deed Records of Brazoria County, Texas.
c. All oil, gas and other minerals, as set forth by instrument(s)
recorded in Volume 1364, Page 132 of the Deed Records of
Brazoria County, Texas.
d. Encroachment of 3 A/C water chiller units on cinder blocks
onto the subject property over the east property line as shown
on survey dated June 22, 2000, prepared by Civil-Sury Land
Surveying, L.C., Alfred E. Lentz, RPLS No. 2413. (Owners
Title Policy only)
e. Street sign located on the south property line, 2 fire
hydrants located along the west property line, sanitary sewer
manhole located on the east property line and light poles and
power lines located along the east and west property lines, as
shown on survey dated June 22, 2000, prepared by Civil-Sury
Land Surveying, L.C., Alfred E. Lentz, RPLS No. 2413. (Owners
Title Policy only)
Schedule B (Rev. 1/1/93) Page 3
Commitment for Title Insurance
Form 991 - Form Sheet 5
Valid Only If Schedules A, C, D
And Cover Page Are Attached
71 08/18/00 13:16 FAX 713 780 7869 COMMONWEALTH
008/011
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SCHEDULE C
Commitment No. [N'/A]
G.F. No. 0086018A
Your Policy will not cover loss, costs, attorneys fees, and expenses
resulting from the following requirements that will appear as Exceptions
in Schedule B of the Policy, unless you dispose of these matters to our
satisfaction, before the date the Policy is issued:
i. Documents creating your title or interest must be approved by us
and must be signed, notarized and filed for record.
2. Satisfactory evidence must be provided that:
- no person occupying the land claims any interest in that land
against the persons named in paragraph 3 of Schedule A,
- all standby fees, taxes, assessments and charges against the
property have been paid,
all improvements or repairs to the property are completed and
accepted by the owner, and that all contractors,
sub -contractors, laborers and suppliers have been fully paid,
and that no mechanic's, laborer's or materialmen's liens have
attached to the property,
there is legal right of access to and from the land,
(on a Mortgagee Policy only) restrictions have not been and
will not be violated that affect the validity and priority of
the insured mortgage.
You must pay the seller or borrower the agreed amount for your
property or interest.
4. Any defect, lien or other matter that may affect title to the land
or interest insured, that arises or is filed after. the effective
date of this Commitment.
5. Vendor's Lien retained in Deed dated June 29, 2000, executed by
Basil L. Cogbill and wife, Carrie Mae Cogbill to Pollak
Construction, Inc., a Texas corporation, DBA Signature Homes and
Bar Cross, Ltd., a Texas limited partnership, filed for record
under Brazoria County Clerk's File No. 00 026424, securing
Southwest Bank of Texas, N.A. in the payment of one note of even
date therewith in the principal sum of $165,000.00, due and payable
and bearing interest as therein provided; said note being
additionally secured by a Deed of Trust of even date therewith to
George Marshall, Trustee, filed for record under Brazoria County
Clerk's File No. 00 028425, and all the terms, conditions and
stipulations contained therein, including, but not limited to, any
additional indebtedness, if any, secured by ,said instrument.
6. NOTE: Procedural Rule P-27 as provided for in Article 9.39A of the
Texas Insurance Code requires that "Good Funds" be received and
deposited before a Title Agent may disburse from its Trust Fund
Account.
Schedule C (Rev. 1/1/93) - Page 4
Commitment for Title Insurance
Form 991 - Form Sheet 6
Valid Only If Schedules A, B, D
And Cover Page Are Attached
08/18/00 13:16 FAX 713 780 7869 COMMONWEALTH
C6 009/011
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COMMONWEALTH LAND TITLE COMPANY OF HOUSTON
By:
Schedule C (Rev. 1/1/93) - Page
Commitment for Title Insurance
Form 991 - Form Sheet 7
4
Authorized Countersignature
Valid Only If Schedules A, B, D
And Cover Page Are Attached
Poi
08/18/00 13:16 FAX 713 780 7869 COMMONWEALTH
[j01o/01i
SCHEDULE D
[71.
Commonwealth Land Title insurance Company is a wholly owned subsidiaryof LandAmerica Financial Group, Inc., a Virginia Corporation whose securities
are publicly traded on the New York Stock Exchange.
G.F. No. 0086018A
Commonwealth Land Title Insurance Company's officers
E Deceter 31, 1998 were as follows:
OFFICERS
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Herbert Wender, Chairman & Chief
Janet A. Alpert, President
Jeffrey A. Tischler, Treasurer &.
L Wm. Chadwick Perrine, Secretary
Kenneth Astheimer, Executive vice President
John M. Carter, Executive Vice President
G._.William Evans, Executive Vice President
Charles W. Keith, Executive Vice President
David W. Koshork, Executive Vice President
7 Donald C. Weigel, Executive Vice President
Stephen P. Veltri, Executive Vice President
Jeffrey D. Vaughn, Executive Vice President
C
Executive Officer
Chief Financial
DIRECTORS
Officer
and directors at
Herbert Wender
Janet A. Alpert
Jeffrey A. Tischler
Theodore L. Chandler, Jr.
Robert F. Norfleet, Jr.
2. You are entitled to receive advance disclosure of settlement charges in
connection with the proposed transaction to which this commitment relates.
Upon your request, such disclosure will be made to you. Additionally,the
name of any person, firm or corporation receiving any sum from the settlement
of this transaction will be disclosed on the closing or settlement statement.
You are further advised that the estimated title premium* is:
Owners Policy
Mortgagee Policy
Endorsement Charges
TOTAL
Of this amount: $ [15.
Insurance Company; $ (%)
Agent; and the remainder of
parties as follows:
$ [ %) to
$ [ %) to
*The estimated premium is based upon information furnished to us as of the
date of this Commitment for Title Insurance. Final determination of the
amount of the premium will be made at closing in accordance with the Mules
and Regulations adopted by the State Board of Insurance.
$ to
$ be
determined
00%) will be paid to the policy issuing Title
will be retained by the issuing Title Insurance
the estimated premium will be paid to other
Schedule D (Rev. 9/30/92) - Page 5
Commitment for Title Insurance
Form 991 - Form Sheet 8
for
for
Valid Only If Schedules A, IS, C
And Cover Page Are Attached
08/18/00 13:17 FAX 713 780 7869 COMMONWEALTH
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3. The following disclosures are made by the title insurance agent issuing
Ethis commitment:
Commonwealth Land Title Company of Houston is a wholly -owned subsidiary
of Commonwealth Land Title Insurance Company.
Commonwealth -Land Title Company of Houston officers and directors at.
December 22, 1998 were as follows:
OFFICERS
John A. Magness, President
Marvin H. Zindler, Jr. Executive Vice President
Joseph V. Pizzitola, Executive Vice President
Lyn Sullivan, Executive Vice President
Paula Dyer, Vice President
Heather Harvey, Vice President
David M. Parnell, Vice President
J. Michael- Pruitt, Vice President
Janis Spiller, Vice President
Vickie Smith, Vice President
Suzan M. Sutkowski, Vice President
Stacey L. Hall, Human Resource Director
Schedule D
Commitment
Form 991 -
(Rev. 9/30/92) Page 5
for Title Insurance
Form Sheet 9
DIRECTORS
Kenneth Astheimer
John A. Magness
Lloyd Draper
Valid Only If Schedules A, B, C
And Cover Page Are Attached
B. Tax Analysis Sheet
The Village at Pearland PUD
Land Use and School District Property Tax Analysis
Proposed Land Use Mix for Village (10 acre site)
Single Family
Commercial
Totals
Total Homes
Value per
Home (a)
Total Value
Single Total Square Value per Total Sales Tax
Family Feet (b) Foot (c) Commercial per Year (d) Total AV
AV per Acre
54 $ 150,000 S 8,100,000
Density:
Residents Per D/U (e):
Students per D/U (f):
Estimated Population:
Estimated Students:
PISD Taxes (g):
Taxes per Student:
Notes:
a)
b)
c)
d)
e)
j
g)
5.40
2.80
0.80
151.20
43.20
S16,416.84
$ 380.02
23,120 $ 80.00 $1,849,600 $ 12,270 $ 9,949,600 $ 994,960
Average home value anticipated, based on a range of $130,000 to $170,000.
Commercial composed of two small freestanding mixed use commercial
buildings (9960 sq. ft. per), and one small pad site (3200 sp. ft. aprox)
Based on estimated costs provided by developer.
Based on 4,980 square feet of retail and 3200 square feet of restaurant space.
assuming $150.00 per square foot.
Based on 2000 PISD analysis (Toenjes & Associates).
Based on 2000 PISD analysis (Toenjes & Associates).
Based on 2000 PISD tax rate, $1.65 / 100 AV.
Alternative I (10 acre site)
Single Family
Commercial
Totals
Total Homes
Value per
Horne (a)
Total Value
Single Total Square
Family Feet
Value per Total
Sales Tax
Foot Commercial per Year Total AV
AV per Acre
40 $ 135,000 S 5,400,000
Density:
Residents Per D/U (b):
Students per D/U (c):
Estimated Population:
Estimated Students:
PISD Taxes (d):
Taxes per Student:
Notes:
a)
b)
c)
d)
4.00
2.80
0.80
112.00
32.00
S 8,910.00
$ 278.44
n/a n/a
n/a n/a
Value based on 1999 Pearland market analysis of single family new
construction (American Metro/Study). Current average single family in
Pearland is $110,000 based on 2000 PISD analysis (Toenjes & Associates).
Based on 2000 PISD analysis (Toenjes & Associates).
Based on 2000 PISD analysis (Toenjes & Associates).
Based on 2000 PISD tax rate, $1.65 / 100 AV.
$ 540,000
001211 high vs low compxls, scenario 4, 12/14/00
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C. 24" x 36" Survey
Undeveloped .(woods
Large L.ot.
Residential
•
Exhibit 1
Aerial Photoin1998
THE `MILEAGE AT PEARLAND
Pollak/Winston investments
Houston, Texas
Knudson & Associates, Inc.
Ptnnnlna Daslon Davelonment Services
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EARL M. ONITSUKA
FILE NO 97-004030
O.R,B.C.T.
S 89'53'12" E 660.00'
2.5 ACRES
ERNEST A. COGBILL & %FE FERELE M coma
TO
BASL L COGBILL & WIFE CAME MAE COGBILL
VOL1437, PG145
B.C.DR
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N 89.53'12- W 660.00'
14' ONC
10.0000 ACRES
435,599 SQ. FT.
MARK B. MAYNARD
TO
BASL L CCGaa & WIFE CARRRE MAE CCGBIL
VOL.1393, PG859
B.C.OR
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BLAINE F. BARKER 11 &
GARY W. BUCEK
TO
G&B REAL ESTATE, LTD.
FILE NO 99-035957
O.R..B.C.T.
(165.00')
TV ••1.b�i
COUNTY ROAD Ni, 91
329 86'
Exhibit 2
Existing Conditions
(Survey)
THE VILLAGE AT PEARLAND
CIE
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Pollak/Winston Investments
Houston, Texas
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Exhibit 4
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THE VILLAGE AT PEARLAND
Pollak/Winston Investments
Houston, Texas
Knudson & Associates, Inc.
Planning Design Development Services
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OPEN SPACE
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Fits Road (CR 91)
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Exhibit 5
Land Use
THE VILLAGE AT PEARLA
Pollak/Winston Investments
Houston, Texas
Knudson & Associates, Inc.
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Exhibit 6
Vehicular and
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Circulation
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S idewalks 1130111COSIZZIEN
along thoroughfares - 6'
Trail
THE VILLAGE AT PEARL)
Pollak/Winston Investments
Houston, Texas
Knudson & Associates, Inc.
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THE VILLAGE AT PEARLA
Pollak/Winston Investments
Houston, Texas
Knudson & Associates, Inc.
Planning Dasign Devolopmonl Services