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Ord. 2000M-0110 2013-10-14 ORDINANCE NO. 2000M-110 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 38.909 ACRES OF LAND IN THE H. T. & B. R. R. COMPANY SURVEY, SECTION 81, ABSTRACT NO. 300, BRAZORIA COUNTY, TEXAS, BEING A PORTION OF LOTS 38, 39, 40, 49, AND 50 OF THE ALLISON RICHEY GULF COAST HOME COMPANY'S PART OF SUBURBAN GARDENS, A SUBDIVISION OF RECORD, VOLUME 2, PAGE 98, OF THE PLAT RECORDS OF SAID BRAZORIA COUNTY (B.C.P.R.), MORE PARTICULARLY BEING THE RESIDUE OF THAT CERTAIN CALLED 30.583 ACRE TRACT (DESCRIBED AS PART ONE), AND THE RESIDUE OF THAT CERTAIN CALLED 9.990 ACRE TRACT (DESCRIBED AS PART TWO) CONVEYED FROM COMPASS BANK TO PARKSIDE 59/288 LTD, BY AN INSTRUMENT OF RECORD UNDER DOCUMENT NUMBER 2011012491, OF THE OFFICIAL PUBLIC RECORDS OF SAID BRAZORIA COUNTY (B.C.O.P.R.) (LOCATED AT NORTHWEST CORNER CR59/SH288, PEARLAND, TX) ZONE CHANGE 2013-15Z, A REQUEST OF KERRY GILBERT & ASSOCIATES, APPLICANT, ON BEHALF OF PARKSIDE 59/288, LTD., OWNER, FOR APPROVAL OF A ZONE CHANGE FROM THE PLANNED DEVELOPMENT (PD) ZONE TO THE PLANNED DEVELOPMENT (PD) ZONE, PROVIDING FOR AN AMENDMENT OF THE ZONING DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. WHEREAS, Kerry Gilbert & Associates, applicant, on behalf of Parkside 59/288, Ltd., 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 from Planned Development (PD) to Planned Development (PD); 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 vicinity map attached hereto and made a part hereof for all purposes as Exhibit "B"; and WHEREAS, on the 16th day of September, 2013, 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, ORDINANCE NO. 2000M-110 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 September, 2013, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed zone change application of Kerry Gilbert & Associates, applicant, on behalf of Parkside 59/288, Ltd., owner, whereby the Commission recommended approval of the change of classification for the described property from its existing classification of Planned Development (PD) to Planned Development (PD), 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, City Council considered this application and the recommendation of the Planning and Zoning Commission at regular meeting(s) on the 14th day of October, 2013 and; 28th day of October 2013; and WHEREAS, the City Council having fully heard the testimony and argument of all interested parties, and having been fully advised in the premises, finds that in the case of the application of Kerry Gilbert & Associates, applicant, on behalf of Parkside 59/288, Ltd., owner, presented which, in the judgment of the City Council, would justify the approval of said application; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section I. The following described property located within the corporate City Limits of the City of Pearland, Texas, and presently classified as Planned Development Page 2 of 5 Ord. No 2000M-110 ORDINANCE NO. 2000M-110 (PD) to Planned Development (PD), in accordance with all conditions and requirements of the current Unified Development Code and incorporated for all purposes, such property being more particularly described as: LEGAL DESCRIPTION: 38.909 ACRES OF LAND IN THE H. T. & B. R. R. COMPANY SURVEY, SECTION 81, ABSTRACT NO. 300, BRAZORIA COUNTY, TEXAS, BEING A PORTION OF LOTS 38, 39, 40, 49, AND 50 OF THE ALLISON RICHEY GULF COAST HOME COMPANY'S PART OF SUBURBAN GARDENS, A SUBDIVISION OF RECORD, VOLUME 2, PAGE 98, OF THE PLAT RECORDS OF SAID BRAZORIA COUNTY (B.C.P.R.), MORE PARTICULARLY BEING THE RESIDUE OF THAT CERTAIN CALLED 30.583 ACRE TRACT (DESCRIBED AS PART ONE), AND THE RESIDUE OF THAT CERTAIN CALLED 9.990 ACRE TRACT (DESCRIBED AS PART TWO) CONVEYED FROM COMPASS BANK TO PARKSIDE 59/288 LTD, BY AN INSTRUMENT OF RECORD UNDER DOCUMENT NUMBER 2011012491 , OF THE OFFICIAL PUBLIC RECORDS OF SAID BRAZORIA COUNTY (B.C.O.P.R.) GENERAL LOCATION: NORTHWEST CORNER CR59/SH288, PEARLAND, TX Section II. The City Council of the City of Pearland finds and determines that the recitations in the preamble hereof are true and that all necessary prerequisites of law have been accomplished and that no valid protest of the proposed change has been made. The City Council further finds and determines that there has been compliance with the mandates of law in the posting and presentation of this matter to the Planning and Zoning Commission and to the City Council for consideration and decision. Section III. The City Council of the City of Pearland finds and determines that the amendment adopted herein promotes the health, safety, and general welfare of the public and is a proper valid exercise of the City's police powers. Section IV. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of Page 3 of 5 Ord. No 2000M-110 ORDINANCE NO. 2000M-110 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 14th day of October, 2013. • r REID MAYOR ATTEST: Yi. NG '1" i G R -)` /\ S. -ETAR Page 4 of 5 Ord. No 2000M-110 ORDINANCE NO. 2000M-110 PASSED, APPROVED, and ADOPTED on Second and Final Reading this 28th day of October, 2013. ' :::)./14ci ;------3-4;9 TOM REID MAYOR ATTEST: kQE;g,aia.,, Y• 9' J7G Lty �G, T� C ' _�` �►.'"" ;mss SEC= TARY '`'' '�� y' APPROV AS TO FORM: . 6,------) DARRIN M. COKER CITY ATTORNEY Page 5 of 5 Ord. No 2000M-110 Ordinance No. 2000M-110 Exhibit "A" ZONE CHANGE APPLICATION Updated October 2012 City of Pearland dopeti - ` Community Development l{ APPLICATION FOR 3523 Liberty Drive _ . A CHANGE IN ZONING Pearaond Texas Cnt81 281-652-1768 281-652-1702 fax www.cityofpeariand.com Current Zoning District: PD Proposed Zoning District: PD Property Information: Address or General Location of Property: Northwest corner of Hwy 288 & CR 59 Tax Account Na, 0300000600, 03000010000, 03000015000, 03000020000, 03000024000, 03000025002 Subdivision: Lot: Block: A complete application must include all information shown on the Application Checklist attached to this application. PROPERTY OWNER INFORMATION: APPLICANT/AGENT INFORMATION: NAME Parkside 59/288 Ltd. NAME Kerry R. Gilbert&Associates, Inc. ADDRESS 3003 W Alabama Street ADDRESS 23501 Cinco Ranch Blvd., Suite A-250 CITY Houston STATE TX ZIP 77098 CITY Katy STATE TX ZIP 77494 PHONE( 713 ) 773-5537 PHONE( 281 ) 579-0340 FAX( ) FAX( E-MAIL ADDRESS joe.moody @parksidecap.com E-MAIL ADDRESS gfreeman@krga.com *Property owner must be the current owner of the property at the time of submittal of the application,and not the party that has the property under contract. As owner and applicant, ereby r- quest approval of the above described request as provided for by the Unified Developm: t Code o he City of Peariand. Owner's Signature Air.■1 6- Date: R -2 7 -13 Applicant/Agent's 7r Signature: Date: 08.2_ /`ate OFFICE USE ONLY: J ) -7 PAD: �l� PAD: _6154'` t i BY:CEIVED NUMBER: /5 to 0 LAppllcation No, Z1313 — /5- August 27, 2013 Lata Krishnarao, Director Planning Department 3523 Liberty Drive Pearland,Texas 77581 RE: Rezone application request—owner authorization Dear Lata, Parkside 59/288. Ltd, is owner of the 38.9 acres of property located at CR 59 and Business Center Drive. We authorize Kerry R. Gilbert& Assoc., Inc.to be our agent in our application for request to rezone the subject tract. incerely, J tea. oody .rkside 591288, Ltd. / ,i ,. ��. I. l 1$- , .r .$ l �� :<- //� 1 I. .. 1 �_�r►in t.p..,��r., „�. _v .— ��,� t .t r . ■ t tl !! row/ i x r i 3 Y �' i .: j I I t_- e >.. i d s I 5'PY° • ' i I f i' I — — C JTY OF PEARL '-1D 3dBP-288 M1 an OF R1 71 SR151 1SP3 '. b C-MU .U,M 2 f OT G[1 R-2 fl SR 12 I ]SP4 MI GB MF OT MU R-3 r 3L' I '1 SP8 11 { ZONING DISTRICTS GC Mr OT-R '. R-4 1 P1 TH R.,CLUSTER =. _..Go_MU NGP_ '! Business Center PD Prepared for: Parkside 59/288, Ltd. Prepared by: Kerry R. Gilbert & Assoc., Inc. August 28, 2013 Table of Contents I. Introduction 1 A. Description of Property B. Description of Proposed Development C. Describe the area of land in acreage and legal description D. Statement as to the purpose and intent of the PD II. Zoning and Land Uses 2 A. Describe existing zoning district surrounding the site B. Describe the acreage difference between the Base Zoning and proposed district C. General standards applicable to project D. Permitted and conditional uses allowed Table: 1 Land Use Area Table III. Design Standards 4 A. Design Standards B. Land Use Areas C. Specific list of deviations. D. All requirements of the Unified Development Code will be met, unless specifically mentioned in this document IV. Required dedications of land or public improvements 6 V. Phasing Schedule 6 VI. Exhibits 6 A - Location Map B -Survey, metes & bounds description C - Surrounding Properties/ Zoning Map D - Land Use Areas E -Power Line Exhibit F -Detention Screening Exhibit I. Introduction A. Description of Property Parkside 59/288, Ltd. is the owner of the subject property which contains +38.9 acres of land and is located at the northwest corner of CR 59 and US 288. Business Center Drive extends north to Broadway, bisecting the property into two developable tracts. Business Center Drive will also provide the primary entry points into each of the two tracts. Driveway access will also he taken from CR 59 to the south; however, there will be no direct driveway access to US 288 to the east. A 60 foot wide Brazoria County Drainage District Easement forms the western boundary of the tract. South Gate, a single-family residential subdivision is situated west of the drainage easement and proposed 176 foot wide detention pond. The subject tract is vacant, except for an asphalt roadway (the location of future Business Center Drive) that dead ends at northern edge of the property. Exhibit A- Location v'Iap and Exhibit B-Survey depicts the location and boundary of project. B. Description of Proposed Development The location of this project at the intersection of a major highway and a major thoroughfare lends itself for commercial, retail, and office development. There are a variety of possible uses for each tract, including small pad sites (banks, restaurants, gas station/convenience store, etc.), large big box retail (home improvement store, grocery store, etc.), hotel/motel, and office buildings. Exhibit D - Land Use Areas illustrates how the subject tract is affected by the future extension of Business Center Drive. Business Center Drive bisects the project into two commercial areas +9.7 acres east of Business Center Drive and +29.2 acres on the west. The storm water detention requirement of +6.8 acres will be located along the western boundary and provide an excellent buffer between the commercial and residential development. The width of the proposed detention is 176' wide which provides a significant buffer distance between the residential and commercial developments. Construction of the fence will occur as the development in LUA 2 and 3 occur. Exhibit D -Land Use Areas shows the location of the detention between the single family residential and the commercial. C. Describe the area of land in acreage and legal description Approximately 38.9 acres comprise the subject site. Exhibit B -Survey, Metes & Bounds description,describes the site. D. Statement as to the purpose and intent of the PD The intent of this PD is to allow flexibility of uses with the commercial, retail, and office land uses within the project. 1 II. Zoning and Land Uses A. Describe existing zoning district surrounding the site The site is zoned BP-288. The surrounding uses are as follows: North: Pearland Town Center PUD and BP-288 West: R-2 (Southgate neighborhood, Brazoria County Drainage District Easement) South: ETJ (single-family residential use), East: ETJ (vacant) Exhibit C - Surrounding Properties/Zoning Map depicts the zoning districts of the adjacent tracts. B. Describe the acreage difference between the Base Zoning and proposed district The base zoning district is BP-288. The proposed district overlays the entire 38.9 acre tract since the location of each specific land use has not yet been determined. C. General standards applicable to project Development and land uses along S1I 288 will conform to the BP-288 District (Section 2.4.3.3) and development and land uses along Business Center Drive and CR 59 will conform to the Corridor Overlay District (Section 2.4.5.1) except for the specific design standards listed in III. Design Standards Section C of this document, and land uses listed in the land use table. D. Permitted and conditional uses allowed The intent of the PD is to allow for a variety of land uses, including a mix of commercial. office, hotel/motel, retail and restaurants. To this end, three distinct Land Use Areas (LUA) are being defined that would confine specific land uses to certain portions of the tract. Location and size of a tract coupled with market conditions are factors in determining the best use for the tract. The LUA designations define the best uses for the tract and set specific design elements for particular uses. The design elements set up standards based on the land use. Exhibit D -Land Use Areas depicts three land use areas and the respective acreage within each area. The table below lists the potential types of uses within each LUA plus design elements specific to those uses. Any land use permitted or conditionally permitted in the BP-288 district listed in the UDC Land Use Matrix is allowed along with the additional uses listed in the Land Use Area Table within this document. Any uses listed in the Land Use Area Table below are considered Permitted Uses in addition to the Permitted uses in the UDC Land Use Matrix for BP-288. The land uses listed in the table below are restricted to that specific Land Use Area. Additionally, the land uses listed are restricted to a maximum acreage within that specific Land Use Area. The acreage for that use is listed next to the use. The acreage within each LUA may shift within 15% to allow for flexibility in land uses. The size of the LUA could change depending upon the actual use that is constructed so the ability to increase and decrease the acreage within the LUA is important. 2 Land Use Area Table Types of Uses and Maximum Acreages Design Element Land Use Restaurant(Drive-thru)* (9.9 acres) Shared Driveways Area 1 Restaurant (Dine-in) (9.9 acres) Hotel/Motel and Orientation of bay windows shall not face Business + 9.9 Acres Extended Stay** (6 acres) Center Drive or SH 288. Gas/Convenience Store *** (3 acres) Auto Repair(minor) (5 acres) Drive-thru windows that face the street will be Auto Wash buffered per City Corridor Overlay District and (full service/detail) (5 acres) BP-288 District requirements. Auto Wash(self-service) (5 acres) Laundry/Dry Cleaning (2 acres) Garden/Nursery Store (8 acres) Shopping Center (8 acres) Land Use Restaurant(Drive-thru)* (5.8 acres) Shared Driveways Area 2 Restaurant(Dine-in) (5.8 acres) Gas/Convenience Store *** (3 acres) Orientation of service bay doors shall not face +5.8 Acres Auto Wash(self-service) associated Business Center Drive. with a gas station only Drive-thru windows that face the street will be buffered per City Corridor Overlay District and BP-288 District requirements. Land Use Nursing/Convalescent Home....(14 acr-s) Shared Driveways Area 3 Flex/Back Office (12 acres) Museum (5 acres) Nursing/Convalescent Home as defined by the +23.4 Acres Bio-tech.High-tech UDC The design of the complex will incorporate Manufacturing (10 acres) interior hallways. Shopping Center (12 acres) Businesses to be oriented towards Business Center Drive.or if designed with a motor court, business can be oriented towards another business. Orientation of overhead doors and service bay doors shall not face Business Center Drive Flex/Back Office and Bio-tech, High-tech Manufacturing to be one-story industrial product with tilt wall or similar concrete construction that can accommodate 25%to 100%office use; dock high doors shall not face Business Center Drive. • Restaurant (Drive-Thru) limited to three (3) establishments in LUA 1 and two (2) establishments in LUA 2. • Hotel/Motel/Extended Stay limited to two (2) establishments in LUA 1. ***Gas/Convenience Store limited to one (1) facility in LUA 1 and one (1) facility in 1.. A 2. 3 III. Design Standards A. Design Standards 1. Exterior Materials and Colors No more than three (3) dominant materials should be used on a building exterior. Acceptable materials are concrete, tilt wall concrete. concrete block, glass, glass block, brick, split face concrete block, stone, stucco, and trade designs, as permitted in Sec 2.6.2.1 of UDC, and as approved by the City Planner. Earth tones with limited pastel alternative as recommended for dominant wall colors for build materials. An accent color may be applied to trim, fascia hoards, door panels, or miscellaneous metals. Accent colors will not exceed more than 20% of the building facade for any side of the building. Prohibited colors include colors considered to be fluorescent, iridescent, or dayglo. 2. Minimum Setback for Structures: The minimum setback for structures along the public right-of-way shall be twenty (20) feet. 3. Minimum Setback for Parking Buffer: The minimum setback for the off-street parking, maneuvering and loading area from the right-of-way shall be fifteen (15) feet. 4. Landscaping: A landscaping plan will be developed along the perimeter of the project to ensure uniformity. The landscaping plan will be in conformance with the Corridor Overlay District along Business Center Drive and CR 59 and BP-288 District along SIT 288 for landscaping. parking lot screening, trash receptacle screening and tree plantings. except the minimum setback, which is discussed above. 5. Lighting: -Lighting in the parking lots and on the commercial buildings will be in conformance with the current City of Pearland Code. 6. Outside Storage:Outside storage operations are allowed only for those businesses in which outside storage is a function of the business, such as a nursery. The outside storage must be screened from public view and those standards will be in conformance with Sec 4.2.4.1 plus in no case shall outside storage be permitted along any yard that abuts any street or public right-of-way. 7. Parking: On and off street parking requirements will be in conformance with the City of Pearland UDC. Bicycle parking will also be in conformance with the Section 2.4.5.1.F in the Corridor Overly District. 8. Service Access and Service Areas: Service drives and service areas shall not interfere with parking, driveways or walkways and must be screened from adjoining properties, all public right-of-way and from the office area of any other building which share the site. A service area shall be provided at the rear (side opposite the street) of all buildings. 9. Vehicular Access: Location of ingress and egress will be controlled. Vehicular access will he designed to minimize auto-pedestrian conflicts, manage curb cut distances along the public right-of-way, and minimize automobile conflicts. Shared driveways will be planned to limit the number of driveways along CR 59 and Business Center Drive. Parkside 59/288, Ltd. has been working with the City of Pearland on the design of 4 Business Center Drive to ensure optimal driveway and cross access conditions for future development. 10. Screening: Screening will be in conformance with the City of Pearland UDC except for any exclusions listed below in Section C. The screening for the detention facility will consist of a six (6) foot tall masonry or pre-cast masonry wall along the eastern side of the facility, along LUA 2 and 3. The fence will be constructed in conjunction with the building it is screening within LUA 2 and 3. Exhibit J illustrates the proposed screening. 11. Utilities: Overhead power lines exist along the north side of CR 59 and inside the right of way of Business Center Drive. The overhead line along Business Center Drive will remain in place and provide primary power for all land east of Business Center Drive. Additionally. new overhead lines will be constructed by Centerpoint along the west boundary of the Property, as shown on Exhibit E. Overhead lines will be used to distribute power, as shown on Exhibit E. Overhead power shall setback a minimum of twenty (20) feet behind the front of the building structure closest to Business Center Drive or 150' from the Business Center Drive right-of-way line, whichever is greater, so to maintain clean view corridors along Business Center Drive. The City Planner may review the screening requirements to minimize the view of the overhead poles from Business Center Drive. As sites are sold and developed, utilities to these sites will be constructed per the location specified listed above and as shown on Exhibit E. Exhibit E -Utility Plan depicts the location of existing and proposed overhead power lines. *Underground power delivery to Land Use Area 1 may include above ground terminal poles. The configuration and engineering of underground power will be determined by Centerpoint.All transformers and similar equipment need to be ground mounted, and not pole mounted, for any connection to or extension from existing overhead lines along Business Center Drive. It should be noted, however, that underground service may require a terminal pole to initiate service. This provision shall include the 150' setback for above ground power along Business Center right-of-way. Additionally, ground mounted transformers or similar equipment shall be screened per UDC Section 4.2.4.1 (d), General Screening. 12. Detention Facility: The primary detention for this development will be located along the western boundary of the tract. The detention will provide a buffer between the proposed commercial development and the South Gate neighborhood. The detention facility (including the high bank and berm) is 176 feet wide. The existing Brazoria Drainage District ditch is 60 feet wide. The combination of these two drainage areas provides a single, 236 foot wide buffer between the existing residential and proposed commercial. A screen wall. six (6') tall masonry or pre-cast wall will be constructed along the east side of the detention facility to enhance the screening between uses. The wall will be constructed as buildings are constructed. Landscape plantings of trees and shrubs will also be incorporated along the frontage of CR 59 to provide a visual screen from the public right-of-way. C. Specific list of deviations. 1. Section 2.4.5.1.C.1 and Section 2.4.4.3.C: Land Use Area 1 has dual frontage for Land Use Area 1 and driveway access to the site is limited to Business Center Drive. A twenty foot (20') front building line along both sides of Business Center Drive allows for better design of the project. 2. Section 2.4.5.1.C.2: A setback of fifteen feet (15') for off-street parking. maneuvering and loading area within the project will allow for better design of the tract. 3. Section 2.4.5.1.D.2.d: Building materials are discussed above and include restrictions in the Corridor Overlay District. Trade Designs shall be approved by the City Planner. 4. Section 2.4.5.1.D.3: Building colors are limited to earth tones and pastel as discussed above, and should not require the additional approval of the Planning Director. 5. Section 2.4.4.3.A.1: Permitted uses in BP-288 are listed on the UDC Land Use Matrix. We request additional uses be permitted as listed in the Land Use Table in Section 2 above. Prohibited uses include "Pet Care Facility/Animal Kennel (with outdoor pens)" and "Office, Parole-Probation, Bail Bonds". 6. Section 2.4.4.3.F: Regional detention facilities are required to be incorporated as an amenity. The regional detention required for this development is better served as a buffer to the single family residential than as a lake amenity for the project. The total width of the detention and drainage area is 236 feet. The distance, coupled with the six foot (6') wall provides a sufficient buffer and screen for the residential neighborhood to the west. 7. Section 2.4.5.1.M: Overhead utilities will he utilized west of Business Center Drive. Overhead lines will be setback a minimum of 150' from Business Center Drive. Power will be distributed underground to the Property east of Business Center Drive from overhead power located in Business Center Drive. The underground power will be distributed in a manner determined by Centerpoint. D. All requirements of the Unified Development Code will be met, unless specifically mentioned in this document IV. Required dedications of land or public improvements This development is primarily commercial, retail and office and therefore no dedication to parkland required. VI. Exhibits A- Location Map B -Survey, metes & bounds description C -Surrounding Properties/Zoning Map D- Land Use Areas E-Power Line Exhibit F-Landscape/Screening along CR 59 and the Detention Basin h 0.„...... •••• \ ... . , . t so R I., 7 t ' .1.,.. ).-ri :,--....3 . ., 1 6 \-/ ' TIA,,,,...„ . # . ., . 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L 7. _Al; ' ' . ''. j , :• : ' , L.„‘„ta....1. * "•■■ ; - , ,-1,'' BUSINESS CENTER PD A location map ±38.9 ACRES F LAND •• N : ,..,....,.. . PARKSIDE 59/288 LTD. ......— • June 19, 2012 Job No. 1352-1003-202 DESCRIPTION OF 38.909 ACRES (1,694,878 SQUARE FEET) Being 38.909 acres of land located in the H.T. & B. R.R. Company Survey, Section 81, Abstract Number 300, Brazoria County, Texas, being a portion of Lots 38, 39, 40, 49, and 50 of the Allison Richey Gulf Coast Homes Company's Part of Suburban Gardens, a subdivision of record in Volume 2, Page 98, of the Plat Records of said Brazoria County (B.C.P.R.), more particularly being the residue of that certain called 30.583 acre tract (described as Part One) and the residue of that certain called 9.990 acre tract (described as Part Two) conveyed from Compass Bank to Parkside 59/288, Ltd., by an instrument of record under Document Number 2011012491, of the Official Public Records of said Brazoria County, (B.C.O.P.R.), said 38.909 acres being more particularly described in two parts by metes and bounds as follows: Part One being 29.226 acres (1,273,076 square feet) and Part Two being 9.683 acres (421,802 square feet), all bearings referenced to the Texas Coordinate System, South Central Zone, NAD83 (1993 adjustment), Epoch 2002.02; PART ONE BEGINNING at a 5/8-inch iron rod with cap stamped "LJA ENG" found for the northwest corner of said 30.583 acre tract and the southwest corner of that certain called 3.39 acre tract conveyed from Brazoria County Land & Cattle Co. to George D. Fishman and wife, Mary Fishman by an instrument of record under Document Number 2005061002, of the Official Records of said Brazoria County, (B.C.O.R.), said point being on the east line of Southgate Section Two, a subdivision of record in Volume 24, Pages 278-279, B.C.P.R., said point also being common west corner of Lots 37 and 38 of said Allison Richey Gulf Coast Home Company's Part of Suburban Gardens subdivision; Page 1 of 6 I:\Proidsk 1\SU RVEY\1352\1003\Doc\38.909ac-CR59andCR566.doc 38.909 acres June 19, 2012 Job No. 1352-1003-202 Thence, North 86° 42' 55" East, along the common line of said Lots 37 and 38, along the north line of said 30.583 acre tract, the south line of said 3.39 acre tract and said south line of that certain called 3.33 acre tract conveyed from Ky-Tex to George Fishman and Mary Fishman by an instrument of record under File Number 96-040466 and corrected under File Number 97- 010496, B.C.O.R,, 826.97 feet to a 5/8-inch iron rod with cap stamped "LJA ENG" set on the west right-of-way line of Business Center Drive (100 feet wide) as described under Document Numbers 2012007382, 2012007390, 2012007393, and 2012007402, B.C.O.P.R., from which a 3/4-inch iron pipe found for the common corner of said Lots 37, 38, 47 and 48 of said Allison Richey Gulf Coast Home Company's Part of Suburban Gardens subdivision bears North 86° 42' 55" East, 49.51 feet; Thence, South 03D 16' 00" East, along the west right-of-way line of said Business Center Drive, 1,025.77 feet to a 5/8-inch iron rod with cap stamped "LJA ENG" set for corner, the beginning of a curve; Thence, continuing along the west right-of-way line of said Business Center Drive, (width varies), 169.54 feet along the arc of a tangent curve to the right having a radius of 750.00 feet, a central angle of 12° 57' 08", and a chord that bears South 03° 12' 34" West, 169.18 feet to a 5/8-inch iron rod with cap stamped "LJA ENG" found for corner at the intersection of the west right-of-way line of said Business Center Drive and the west right-of-way line of County Road 566 (width varies) as described in Volume 2, Page 98, B.C.P.R., Volume 133, Page 126, Volume 881, Page 230, Volume 881, Page 232, Volume 1035, Page 636, and Volume 1035, Page 642, B.C.D.R., the beginning of a curve; Thence, along the west right-of-way line of said County Road 566 the following four courses: 1. 66.34 feet along the arc of a non-tangent curve to the right having a radius of 686.20 feet, a central angle of 05° 32' 22", and a chord that bears South 18° 58' 03"West, 66.32 feet to a concrete right-of-way monument found for corner; Page 2 of 6 I:\Projdskl\SURVEY\135211003\Doc\38.909ac-CR59andCR566.doc 38.909 acres June 19, 2012 Job No. 1352-1003-202 2. South 21° 45' 33" West, 13.71 feet to a 5/8-inch iron rod with cap stamped "LJA ENG"found for corner, the beginning of a curve; 3. 275.59 feet along the arc of a non-tangent curve to the left having a radius of 746.20 feet, a central angle of 21° 09' 40", and a chord that bears South 11° 09' 26" West, 274.03 feet to a 5/8-inch iron rod with cap stamped "LJA ENG" set for corner, from which a found concrete right-of-way monument bears North 51° 07' 14" West, 1.18 feet; 4. South 42° 42' 06" West, 71.88 feet to a 5/8-inch iron rod with cap stamped "LJA ENG" set for corner on the north right-of-way line of County Road 59 (width varies) as described in Volume 2, Page 98 and Volume 24, Page 33-36, B.C.P.R.; Thence, South 86° 44' 15" West, along said north right-of-way line, 10.00 feet to a 5/8- inch iron rod with cap stamped "LJA ENG"found for an angle point on the north right-of-way line of said County Road 59, said point being the northeast corner of that certain called 0.5248 acre tract conveyed to the City of Pearland as a donation for right-of-way as described under Document Number 2012007390, B.C.O.P.R.; Thence, South 86° 40' 26" West, along the north right-of-way line of said County Road 59 as described under Document Number 2012007390, B.C.O.P.R., 646.10 feet to a 5/8-inch iron rod with cap stamped "LJA ENG" found for the northwest corner of said 0.5248 acre tract, said point being on the west line of the aforementioned 30.583 acre tract, said point being the southeast corner of Southgate Section One, a subdivision of record in Volume 24, Pages 33-36, B.C.P.R.; Page 3 of 6 I\Projdskl\SURVEY\1352\1003\DOc\38.909ac-CR59andCR566.dOc 38.909 acres June 19, 2012 Job No. 1352-1003-202 Thence, North 03° 18' 06" West, along the west line of said 30.583 acre tract, the west line of said Lots 38, 39 and 40, and the east line of said Southgate Section One, passing at 1,330.57 feet a 5/8-inch iron rod with cap stamped "DALE HARDY RPLS 4847" found for the northeast corner of said Southgate Section One and the southeast corner of of the aforementioned Southgate Section Two, continuing along the west line of said Lot 38 and the east line of said Southgate Section Two, in all 1,583.44 feet to the POINT OF BEGINNING and containing 29.226 acre (1,273,076 square feet) of land. PART TWO BEGINNING a 5/8-inch iron rod found for the northeast corner of said 9.990 acre tract and the southeast corner of that certain called 2.515 acre tract conveyed from DXB Richmond, Inc to Gold Star Development by an instrument of record under Document Number 2008031966. B.C.O.P.R., said point also being on the west right-of-way line of SH 288 (width varies) as described in Volume 1041, Page 460, Volume 1041, Page 888, and Volume 1052, Page 159, B.C.D.R., said point being on the common lot line of said Lot 48 and 49 of said Section 81,from which a found 3/4-inch iron pipe bears South 52° 36' 37" East. 0.93 feet; Thence, South 03° 14' 03" East, along the common line of said 9.990 acre tract and said westerly right-of-way line, 877.70 feet to a 5/8-inch iron rod with cap stamped "LJA ENG" found for an angle point on said common line; Thence, South 30° 49' 10" West, continuing along said common line, 82.81 feet to a broken concrete right-of-way monument found for an angle point on said common line; Thence, South 64° 55' 07" West, continuing along said common line, 381.06 feet to a broken concrete right-of-way monument found for an angle point on said common line; Page 4 of 6 L\Projdskl\SURVEYU 352\1003\Doc\38.900ac-cR59andCR566.doc 38.909 acres June 19, 2012 Job No. 1352-1003-202 Thence, South 86' 45' 24" West, continuing along said common line, 30.02 feet to a broken concrete right-of-way monument found for the southwest corner of said 9.990 acre tract, same being the intersection on said westerly right-of-way line and the east right-of-way line of County Road 566 (width varies) as recorded in Volume 2, Page 98, B.C.P.R., Volume 133, Page 126, Volume 881, Page 230, Volume 881, Page 232, Volume 1035, Page 636, and Volume 1035, Page 642, B.C.D.R.; Thence, North 03° 17' 17" West, departing said common line and along the west line of said 9.990 acre tract and along the east right-of-way line of said County Road 566, 371.60 feet to a 5/8-inch iron rod with cap stamped "LJA ENG" set at the intersection of the east right-of- way line of said County Road 566 and the east right-of-way line of said Business Center Drive (100 feet wide) as described under Document Numbers 2012007382, 2012007390, 2012007393, and 2012007402, B.C.O.P.R., the beginning of a curve; Thence, along the east right-of-way line of said Business Center Drive, 187,07 feet along the arc of a non-tangent curve to the left having a radius of 850.00 feet, a central angle of 12° 36' 35", and a chord that bears North 03° 02' 17" East, 186.69 feet to a 5/8-inch iron rod with cap stamped "LJA ENG" found for corner; Thence, North 03° 16' 00" West, continuing along the east right-of-way line of said Business Center Drive, 531.11 feet to a 5/8-inch iron rod with cap stamped "LJA ENG" set for corner on the north line of the aforementioned 9.990 acre tract and the south line of the aforementioned 2.515 acre tract, said point also being on the common lot line of Lots 48 and 49 of the aforementioned Allison Richey Gulf Coast Homes Company's Part of Suburban Gardens subdivision; Thence, North 86° 47' 22" East, along the common line of said 9.990 and 2.515 acre tracts and said common lot line, 410.34 feet to the POINT OF BEGINNING and containing 9.683 acres (421,802 square feet) of land. Page 5 of 6 L\Projdskl\SURV EY\1352\100.3\Doc\38.909ac'cR59andCR566.doc 38.909 acres June 19, 2012 Job No. 1352-1003-202 Said Part One and Part Two containing a total of 38.909 acres (1,694,878 square feet) of land. This description w. prepared from a survey prepared by the undersigned dated June 19, 2012. API f= t Gary D. Nutter � Registere. 'rofessional Land Surveyor ,' 7�� Texas Registration Number 5659 Y5. LJA Engineering & Surveying, Inc. Page 6 of 6 I\Projdskl\SURVEY\1352\1003\Doc\38.909ac-CR59andCR566.doc ......-.---------- ••••rT.P.111 •,E-4 El-. ---..,..---_.- 7.-- ■..,,- 1'7..141:2-, •:.- I:+a-;14.1".±"?.'Z'''''''' ''''''-i'-'41-2177--=.3'-'7 ., , ,21 ,:1'.' I ;a . 1 ' V i.7'‘ fi. :',13:7..:14.7-17.="•-z..-LP:7.7...--::"..7....."-::::"..".7.7....:"--.:7:::::: ' I . •its,".7t4,70.55.1.----4.-----;-:..:.^".-....-v..4.t.-.41 aera•--Naz:'-za..---.Lar: , . P't d 'T F4: Igiellg. .Zfif„.„7.;:=•;-:;:iii7-.E. -.-'-:,2--.1-7 i'..7.41-ar..-1-Sad.a•-:"..---1-.'71"-:a1-".i.:::-r-ln, 1. 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AREA 2 1 x 5 9 , _ - — .— --- --------- 591•SOUTHFORK ' - . __ _ _, ----... il alliii.1111.111111L v NOTE All transfOnneri and solder equipment need to be ground mounted and not pole mounted far any connection to or extension from existing ovetrhead 'Ines along Busness Center Onve It should be noted howe,er that underground service may(*three a term nal pole to "rv'cel T"f74',,,°.hnte include the ISO setback for above ground power along 8450053 Center nght.orway Addhonelly ground mounte kern nrers rv"secular eau p ■ Screened per UOC Section 4 2 4 I■dl,General Screening A power Imp est./Fit lot 0- BUSINESS CENTER PD -N- z power line locations I x ± 38.9 ACRES OF LAND II I s I sIViverY 4rInts:nr="244.VulrilZei:;Irl,.4:4.-III,41:I..r.S;;1;14 V.411.: PARKSIDE 59/288, LTD. .1r COMAN14,101 4.0 crer010.0 50 re004055 oey DRAM,10.0 OR wee POT.00000,1 ■41.00,0,014.010.o00 WY WS505■15 re w000 a alma,s 00,010140 INC 1p an.. 4040.T.T3 IletnanfR I,0000.00■08..44P ■101.4,1.g.o,g0 01,..,,...,1 1514,11■01..70, Fl Tit f I a ITITIFT-V—All'S ETAT 3'1—r,-i-z- ,,,,,.. . 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T. & B. R. R. Company Survey, Section 81, Abstract No. 300, Brazoria County, Texas, being a portion of lots 38, 39, 40, 49, and 50 of the Allison Richey Gulf Coast Home Company's part of Suburban Gardens, a subdivision of record, Volume 2, Page 98, of the Plat Records of said Brazoria County (B.C.P.R.), more particularly being the residue of that certain called 30.583 acre tract (described as Part One), and the residue of that certain called 9.990 acre tract (described as Part Two) conveyed from Compass Bank to Parkside 59/288 Ltd, by an instrument of record under Document Number 2011012491, of the Official Public Records of said Brazoria County (B.C.O.P.R.) GENERAL LOCATION: Northwest corner CR59/SH288, Pearland, TX Following staff presentation, Commissioner Mary Starr made the motion to approve, and Commissioner Elizabeth McLane seconded. The vote was 6-0 and the motion passed. Sincerely, Harold Ellis, City Planner On behalf of the Planning and Zoning Commission