General Location: Southeast corner of Liberty Drive and East Broadway Street, Pearland, TX.

Transcription

1 JOINT PUBLIC HEARING THE CITY COUNCIL CITY AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, MONDAY, MARCH 20, :30 PM COUNCIL CHAMBERS-PEARLAND CITY HALL-3519 LIBERTY DRIVE I. CALL TO ORDER II. PURPOSE OF THE HEARING 1. Zone Change Application No. ZONE A request of Chris Bick of Kimley-Horn, applicant, on behalf of Matt Pasternak, president of Pasternak Management, Inc., manager of 313 Acre Pearland Joint Venture, owner; for approval of a change in zoning from the Single-Family Residential-1 (R-1) zoning to a General Business (GB) zoning district; on approximately acres of land. Legal Description: Being a tract or parcel containing acres (258,382 square feet) of land situated in the W.D.C. Hall Survey, Abstract Number 70, Brazoria County, Texas; being out of and a part of the acre remainder portion of that certain called acre tract conveyed to Aaron Pasternak, Trustee by deed recorded in Volume 1023, Page 297 Brazoria County Deed Records (B.C.D.R.), Brazoria County, Texas. General Location: Southeast corner of Liberty Drive and East Broadway Street, Pearland, TX. III. APPLICATION INFORMATION AND CASE SUMMARY A. STAFF REPORT B. APPLICANT PRESENTATION C. STAFF WRAP UP IV. PERSONS WISHING TO SPEAK FOR OR AGINST THE PROPOSED REQUEST V. COUNCIL/PLANNING COMMISSIONS/STAFF DISCUSSION Page 1 of 28-20/03/2017

2 VI. ADJOURNMENT This site is accessible to disabled individuals. For special assistance, please call Young Lorfing, City Secretary, at prior to the meeting so that appropriate arrangements can be made. Page 2 of 28-20/03/2017

3 AGENDA REQUEST BUSINESS OF THE CITY COUNCIL CITY OF PEARLAND, TEXAS AGENDA OF: Joint Public Hearing - ITEM NO: AIR Zone Change DATE SUBMITTED: 13 Mar 2017 DEPT. OF ORIGIN: Community Development PREPARED BY: Martin Griggs SUBJECT: Zone Change Application No. ZONE A request of Chris Bick of Kimley-Horn, applicant, on behalf of Matt Pasternak, president of Pasternak Management, Inc., manager of 313 Acre Pearland Joint Venture, owner; for approval of a change in zoning from the Single-Family Residential-1 (R-1) zoning to a General Business (GB) zoning district; on approximately acres of land. Legal Description: Being a tract or parcel containing acres (258,382 square feet) of land situated in the W.D.C. Hall Survey, Abstract Number 70, Brazoria County, Texas; being out of and a part of the acre remainder portion of that certain called acre tract conveyed to Aaron Pasternak, Trustee by deed recorded in Volume 1023, Page 297 Brazoria County Deed Records (B.C.D.R.), Brazoria County, Texas. General Location: Southeast corner of Liberty Drive and East Broadway Street, Pearland, TX. EXHIBITS: Aerial Map, Zoning Map, Future Land Use Map, Notification Map, Notification List, Applicant Packet FUNDING: Grant Developer/Other Cash Bonds To Be Sold Bonds - Sold L/P - Sold L/P - To Be Sold EXPENDITURE REQUIRED: $ AMOUNT BUDGETED: $ AMOUNT AVAILABLE: $ PROJECT NO: ACCOUNT NO: ADDITIONAL APPROPRIATION REQUIRED: $ ACCOUNT NO: PROJECT NO: To be completed by Department:. EXECUTIVE SUMMARY Page 3 of 28

4 BACKGROUND This request is for approval of a change in zoning from the Single-Family Residential-1 (R-1) District to the General Business (GB) District on approximately acres of land. The proposed land to be rezoned is part of a larger acre parcel at the south east corner of the intersection of Broadway Street and Liberty Drive. The larger portion of the parcel is currently zoned GB and rezoning the remaining portion will allow cohesive zoning for the entire parcel. The applicant currently has a purchaser who intends to construct an approximately 36,000 square foot grocery store on the site and leave the applicant with additional land for future retail development. Recommendation Staff recommends approval of the requested change in zoning from R-1 to GB on the approximately acre site for the following reasons: 1. The R-1 zoned portion of the property is not in conformance with the Future Land Use Plan (FLUP) which designates the parcel for Retail, Offices and Services. The proposed zoning of GB on the subject property would be in conformance with the future land use designation of the Comprehensive Plan. 2. This subject property is part of a larger acre parcel, of which remaining area is zoned GB. Rezoning this portion would make a cohesively developable property. 3. Frontage on Liberty Drive, a Major Collector, and adjacency to non-residential uses renders the parcel improbable for single family-residential development that would be permitted by the current zoning. 4. The uses permitted by the proposed zoning district will be compatible to the existing nonresidential uses around the subject parcel. Site History The subject property is currently undeveloped. The site was annexed into the City in 1960 and has been zoned GB since that time. The site is bounded by General Commercial (GC) and GB to the north; R-1 to the south; GB to the east; and Single-Family Residential-4 (R-4) and GC to the west. The below table identifies surrounding uses and zoning districts: Zoning Land Use North General Business (GB) General Commercial (GC) Shopping Center, Bank, Gas Station, Vacant South Single-Family Residential-1 (R-1) City Hall, Elementary School East General Business (GB) Funeral Home, Daycare West General Commercial (GC) Single-Family Residential-4 (R-4) Library, Vacant Conformance with the Comprehensive Plan The R-1 zoned portion of the property is not in conformance with the FLUP. The proposed zoning of GB on the subject property would be in conformance with the future land use designation of the Comprehensive Plan. The Future Land Use Plan (FLUP) indicates the property to be Retail, Offices, and Services which is intended for commercial type development as opposed to residential. The proposed uses for the property are in line with the FLUP designation and would provide additional buffer between the residential uses to the south and Broadway Street, a Major thoroughfare. Conformance with the Thoroughfare Plan Page 4 of 28

5 According to City records, Broadway Street is a Major Thoroughfare that is to be widened. The rightof-way on Broadway Street is 105 feet. Major Thoroughfares are defined as having a minimum rightof-way of 120 feet. According to City records, Liberty Drive is a Major Collector of sufficient width. The right-of-way (ROW) along this portion of Liberty drive varies between 70 and 75 feet. Major Collectors are defined as having a minimum right-of-way of 80 feet. Additional ROW dedication will be required at the time of platting. Conformance with the Unified Development Code The subject property is currently undeveloped. Any development would be required to meet the requirements of the Unified Development Code (UDC). The property also falls within the Corridor Overlay District (COD) and any development would be required to be in compliance with the COD requirements in addition to other UDC requirements. The lot requirements exceed the lot and setback requirements of the proposed GB zoning district, as indicated in the in the following table. General Business (GB) Area Regulations Size of Lot Required Proposed Minimum Lot Size 22,500 sq.ft acres (733,352 sq.ft.) Minimum Lot Width 150 ft. Approximately 955 ft. Minimum Lot Depth 125 ft. Approximately 961 ft. Platting Status The subject property is not currently platted. Platting will be required prior to development of the site. Availability of Utilities According to City records, the subject property has access to City water and sanitary sewer infrastructure. A 16-inch water line exists along the south side of Broadway Street and another 10- inch water line is located along the northwest and southwest boundary of the parent property. A 4- inch sanitary sewer line runs along the northwest and southwest border of the parent property. Impact on Existing and Future Development The uses permitted in the proposed zoning district will not have any negative impact on the surroundings. The proposed grocery store anchoring this development is planning on obtaining a beer and wine permit through TABC. The developer has indicated that the site will designed to meet the TABC requirement of 300 feet separation distance between the school property and the proposed grocery store building. A 25 foot buffer with a masonry wall or a 30 foot buffer will be required against the residentially zoned properties to the south that are developed for a school and City Hall facilities. Additional Comments The request has been reviewed by the City s Development Review Committee (DRC) and there were no additional comments from other departments at the time of this report. Public Notification Staff sent public notices, comment forms and a vicinity map to the applicant, the owner of the property and to property owners within 200 feet of the subject property under consideration for the Page 5 of 28

6 zone change. Additionally, a legal notice of the public hearing was published in the local newspaper, and a notification sign was placed on the property by the applicant. Opposition to or Support of Proposed Request Staff has not received any Public Comment Forms in favor or in opposition of the proposed change in zoning request. Page 6 of 28

7 Staff Report To: City Council and Planning and Zoning Commission Summary of Request From: Planning Department Date: March 20, 2017 Re: Zone Change Application No. ZONE A request of Chris Bick of Kimley-Horn, applicant, on behalf of Matt Pasternak, president of Pasternak Management, Inc., manager of 313 Acre Pearland Joint Venture, owner; for approval of a change in zoning from the Single-Family Residential-1 (R-1) zoning to a General Business (GB) zoning district; on approximately acres of land. General Location: Southeast corner of Liberty Drive and East Broadway Street, Pearland, TX. This request is for approval of a change in zoning from the Single-Family Residential-1 (R-1) District to the General Business (GB) District on approximately acres of land. The proposed land to be rezoned is part of a larger acre parcel at the south east corner of the intersection of Broadway Street and Liberty Drive. The larger portion of the parcel is currently zoned GB and rezoning the remaining portion will allow cohesive zoning for the entire parcel. The applicant currently has a purchaser who intends to construct an approximately 36,000 square foot grocery store on the site and leave the applicant with additional land for future retail development. Recommendation Staff recommends approval of the requested change in zoning from R-1 to GB on the approximately acre site for the following reasons: 1. The R-1 zoned portion of the property is not in conformance with the Future Land Use Plan (FLUP) which designates the parcel for Retail, Offices and Services. The proposed zoning of GB on the subject property would be in conformance with the future land use designation of the Comprehensive Plan. 2. This subject property is part of a larger acre parcel, of which remaining area is zoned GB. Rezoning this portion would make a cohesively developable property. 1 P age Page 7 of 28

8 3. Frontage on Liberty Drive, a Major Collector, and adjacency to non-residential uses renders the parcel improbable for single family-residential development that would be permitted by the current zoning. 4. The uses permitted by the proposed zoning district will be compatible to the existing non-residential uses around the subject parcel. Site History The subject property is currently undeveloped. The site was annexed into the City in 1960 and has been zoned GB since that time. The site is bounded by General Commercial (GC) and GB to the north; R-1 to the south; GB to the east; and Single- Family Residential-4 (R-4) and GC to the west. The below table identifies surrounding uses and zoning districts: North Zoning General Business (GB) General Commercial (GC) Land Use Shopping Center, Bank, Gas Station, Vacant South Single-Family Residential-1 (R-1) City Hall, Elementary School East General Business (GB) Funeral Home, Daycare West General Commercial (GC) Single-Family Residential-4 (R-4) Conformance with the Comprehensive Plan Library, Vacant The R-1 zoned portion of the property is not in conformance with the FLUP. The proposed zoning of GB on the subject property would be in conformance with the future land use designation of the Comprehensive Plan. The Future Land Use Plan (FLUP) indicates the property to be Retail, Offices, and Services which is intended for commercial type development as opposed to residential. The proposed uses for the property are in line with the FLUP designation and would provide additional buffer between the residential uses to the south and Broadway Street, a Major thoroughfare. Conformance with the Thoroughfare Plan According to City records, Broadway Street is a Major Thoroughfare that is to be widened. The right-of-way on Broadway Street is 105 feet. Major Thoroughfares are defined as having a minimum right-of-way of 120 feet. According to City records, Liberty Drive is a Major Collector of sufficient width. The right-of-way (ROW) along this portion of Liberty drive varies between 70 and 75 feet. Major Collectors are defined as having a minimum right-of-way of 80 feet. Additional ROW dedication will be required at the time of platting. Conformance with the Unified Development Code The subject property is currently undeveloped. Any development would be required to meet the requirements of the Unified Development Code (UDC). The property also falls within the Corridor Overlay District (COD) and any development would be required to be in compliance with the COD requirements in addition to other UDC requirements. 2 P age Page 8 of 28

9 The lot requirements exceed the lot and setback requirements of the proposed GB zoning district, as indicated in the in the following table. General Business (GB) Area Regulations Size of Lot Required Proposed Minimum Lot Size 22,500 sq.ft acres (733,352 sq.ft.) Minimum Lot Width 150 ft. Approximately 955 ft. Minimum Lot Depth 125 ft. Approximately 961 ft. Platting Status The subject property is not currently platted. Platting will be required prior to development of the site. Availability of Utilities According to City records, the subject property has access to City water and sanitary sewer infrastructure. A 16-inch water line exists along the south side of Broadway Street and another 10-inch water line is located along the northwest and southwest boundary of the parent property. A 4-inch sanitary sewer line runs along the northwest and southwest border of the parent property. Impact on Existing and Future Development The uses permitted in the proposed zoning district will not have any negative impact on the surroundings. The proposed grocery store anchoring this development is planning on obtaining a beer and wine permit through TABC. The developer has indicated that the site will designed to meet the TABC requirement of 300 feet separation distance between the school property and the proposed grocery store building. A 25 foot buffer with a masonry wall or a 30 foot buffer will be required against the residentially zoned properties to the south that are developed for a school and City Hall facilities. Additional Comments The request has been reviewed by the City s Development Review Committee (DRC) and there were no additional comments from other departments at the time of this report. Public Notification Staff sent public notices, comment forms and a vicinity map to the applicant, the owner of the property and to property owners within 200 feet of the subject property under consideration for the zone change. Additionally, a legal notice of the public hearing was published in the local newspaper, and a notification sign was placed on the property by the applicant. Opposition to or Support of Proposed Request Staff has not received any Public Comment Forms in favor or in opposition of the proposed change in zoning request. 3 Page Page 9 of 28

10 Exhibits 1. Aerial Map 2. Zoning Map 3. Future Land Use Map 4. Notification Map 5. Notification List 6. Applicant Packet 4 P age Page 10 of 28

11 BR RD OA DW AY ST 3226 DR TY DR 3412 CL E CI R LN DR LE DR W Y DR DR M IS T IE W KV CI RC N LN This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. 1 inch = 417 feet E ND SEC of Liberty Dr. and E. Broadway St. Subject Property BE ZONE ER PA R EE RA LI B Page 11 of 28 CO LL LA U DY SH A AERIAL MAP N 3201 IS O TR Y CO UN Exhibit 1 CL UB 2645 JA M 2818 DR MA RC H PLA NN IN G D EP AR TM E NT

12 ! R-2 GB PUD GC GC GB 2527 R-3 BROADWAY ST COUNTRY CLUB DR GB GB R JAMISON RD R Exhibit 2 ZONING MAP ZONE SEC of Liberty Dr. and E. Broadway St. Page 12 of !!!!!!!!!!!!!!!!!!!!!!!! R-2 R-2!!!!!!!!!!!!!!!!! R-2 R-2 R !!!!!!!!!!!!!! R !!!!!! LAURA LN COLLEEN DR PARKVIEW DR !! !! !!! !!!!!!! LIBERTY DR SHADYBEND DR 2424 R-2!!! 3519!!! !!!!!!! R !!!!!!!!!! R !!!! 2409!!!!! !! !!!! ! 2409! 2406! 2401! R-2!! MISTY LN!!! 2405!! R R W CIRCLE DR GB R E CIRCLE DR NS 3418 R-1 R NS R-1 Subject Property This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. 1 inch = 417 feet MARCH 2017 PLANNING DEPARTMENT

13 2705 BROADWAY ST COUNTRY CLUB DR Retail, Offices and Services JAMISON RD Exhibit 3 FLUP MAP ZONE SEC of Liberty Dr. and E. Broadway St. Page 13 of LIBERTY DR 3522 Public / Semi-Public Medium Density Residential MISTY LN Offices W CIRCLE DR Low Density Residential Subject Property This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. 1 inch = 417 feet MARCH 2017 PLANNING DEPARTMENT

14 Page 14 of LAURA LN COLLEEN DR PARKVIEW DR LIBERTY DR SHADYBEND DR MISTY LN BROADWAY ST COUNTRY CLUB DR W CIRCLE DR JAMISON RD E CIRCLE DR Exhibit 4 NOTIFICATION MAP ZONE SEC of Liberty Dr. and E. Broadway St. Subject Property Property Boundary Notification Area This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. 1 inch = 417 feet MARCH 2017 PLANNING DEPARTMENT

15 Exhibit 5 ZONE Property_Owner Address City State Zip_Code 313 ACRES PEARLAND JOINT VENTURE % MATT PASTERNAK 451 HUNTERWOOD DR HOUSTON TX AJ JR & JOE LLC 3512 ACORN WOOD WAY HOUSTON TX ALEXANDER THOMAS P JR & ROSSLYN REED 2415 E BROADWAY PEARLAND TX CITY OF PEARLAND 3519 LIBERTY DR PEARLAND TX CROWDER INVESTMENTS INC PO BOX 1292 DICKINSON TX DONYA LLC BEAMER RD STE 107 HOUSTON TX FAITH COMMUNITY CHURCH OF PEARLAND INC 3929 COLGATE ST HOUSTON TX KARSTEDT GORDON E PO BOX 2828 PEARLAND TX PEARLAND ISD PO BOX 7 PEARLAND TX ROBERTS J ENTERPRISES INC 2517 BROADWAY ST PEARLAND TX T&R REALTY INVESTMENT LLC 2411 PARK AVE PEARLAND TX Page 15 of 28

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21 PAGE 1 OF 3 FEE $30.88 TAX CERTIFICATE REMIT CERT FEE TO: DATA TRACE DATA TRACE W. SAM HOUSTON PKWY N. SUITE 400 P.O BOX HOUSTON~ TX PASADENA, CA PHONE (281) FAX (281) CUST: FIRST AMERICAN - NCS BRANCH: ORDER: NCS CLOSER: ORDER TYPE: A SUBTYPE: R DATE: 12/13/ CAD ACCOUNT NUMBER SUMMARY SUMMARY OF ALL ACCOUNT(S) SUMMARY OF CURRENT YEAR SUMMARY OF ALL TAXES DUE TAX YEAR BASE TAX DUE 12/16 DUE 01/17 BRAZORIA CO/PAY TO: RO'VI , , , CITY OF PEARLAND , , , ISD - PEARLAND , , , BC DRAINAGE DIST # , , , TOTAL TAX 20, , , ********** COMMENTS ********** CAUTION ********** READ BEFORE CLOSING ********** BRAZORIA CO/PAY TO: RO'VIN - RATE INCLUDES COUNTY( ) ROAD/BRIDGE(.06) EXEMPTS: HS-20%; O65-100,000; DIS-100,000 CITY OF PEARLAND - EXEMPTS: HS-2.5%/5,000:O65-40,000:DIS-40,000 ISD - PEARLAND - EXEMPTS: HS-25,000; OVER65-13,800; DIS-10,000 BC DRAINAGE DIST #4 - EXEMPTS: HS-20%; O65-75,000; DIS-75,000BONDS APP ROVED:0; BONDS ISSUED: 0BOND INFORMATION UPDATED CPL DR4 GBC SPL CAD# NCP/SGU1 DESC A0070 W D C HALL (PEARLAND), TRACT 6 (PT) (CALLED LT 7), ACRES ABST/SUB ID A0070 ACREAGE SITUS 2426 BROADWAY CPL MAIL VENTURE % MATT PASTERNAK 2142 BOLSOVER ST HOUSTON TX ASSESSED OWNER(S) 2016 ASSESSED VALUES 313 ACRES PEARLAND JOINT LAND 763,390 ASSESSED AS LAND ONLY TAX ENTITY INFORMATION IMPROVEMENT 0 TOTAL VALUE 763,390 BRAZORIA CO/PAY TO: RO'VIN GARRETT, RTA PAYMENTS AS OF 11/25/ E. LOCUST SUITE 100 ANGLETON, TX TAX RATE PHONE W/O EXEMPT 3, EXEMPTIONS NONE YR BASE TAX BASE DUE DUE 12/16 DUE 01/ , , , , SUBTOTAL 3, , , , Page 21 of 28

22 CUST: FIRST AMERICAN - NCS TAX CERTIFICATE DATA TRACE REMIT CERT FEE TO: DATA TRACE W. SAM HOUSTON PKWY N. SUITE 400 P.O BOX PAGE 2 OF 3 HOUSTON~ TX PASADENA, CA PHONE (281) FAX (281) BRANCH: ORDER: NCS CLOSER: ORDER TYPE: A SUBTYPE: R DATE: 12/13/2016 CITY OF PEARLAND PAYMENTS AS OF 11/25/2016 COLLECTED BY COUNTY 16 TAX RATE PHONE W/O EXEMPT 5, EXEMPTIONS NONE YR BASE TAX BASE DUE DUE 12/16 DUE 01/ , , , , SUBTOTAL 5, , , , ISD - PEARLAND PAYMENTS AS OF 11/25/2016 COLLECTED BY COUNTY 16 TAX RATE PHONE W/O EXEMPT 10, EXEMPTIONS NONE YR BASE TAX BASE DUE DUE 12/16 DUE 01/ , , , , SUBTOTAL 10, , , , BC DRAINAGE DIST #4 PAYMENTS AS OF 11/25/2016 COLLECTED BY COUNTY 16 TAX RATE PHONE W/O EXEMPT 1, EXEMPTIONS NONE YR BASE TAX BASE DUE DUE 12/16 DUE 01/ , , , , SUBTOTAL 1, , , , CONDITIONS, DISCLAIMERS AND EXCLUSIONS This Tax Certificate/Tax Order Report does not constitute a report on or certification of: (1) mineral (productive and/or non-productive) taxes or leases; (2) personal property taxes; or (3) other non ad valorem taxes (such as paving liens, stand-by charges or maintenance assessments). Data Trace Information Services LLC ("Data Trace") may have warranted the accuracy of this Tax Certificate/Tax Order Report to its customer (the "Data Trace Customer") pursuant to the terms and conditions of a written tax service agreement between Data Trace and said Data Trace Customer (the "Tax Service Agreement"). Any such warranty (hereinafter, "Data Trace Customer Warranty") does not: (a) extend to a third party bearer of this Tax Certificate/Tax Order Report; (b) cover any changes made to the records of the taxing authority after the "payments as of," "paid," or "payment" dates delineated above; and (c) cover any invalid tax information shown on the records of the taxing authority or resulting from an error by the Data Trace Customer (including, without limitation, submission of incorrect property information by said Data Trace Customer). DATA TRACE MAKES NO WARRANTIES (EXPRESS OR IMPLIED) WITH RESPECT TO THIS TAX CERTIFICATE/TAX ORDER REPORT OTHER THAN (WHERE APPLICABLE) THE DATA TRACE CUSTOMER WARRANTY. Any and all claims under a Data Trace Customer Warranty must be submitted to Data Trace by the corresponding Data Trace Customer and are subject to the terms and conditions set forth in the pertinent Tax Service Agreement (including, without limitation, the filing deadlines applicable to such claims). In some jurisdictions Data Trace's validation of a Tax Certificate/Tax Order Report is required to activate a Data Trace Customer Warranty. PRINTED BY NCS/SGU1 Page 22 of 28

23 PAGE 3 OF 3 HOA CERTIFICATE REMIT CERT FEE TO: DATA TRACE DATA TRACE W. SAM HOUSTON PKWY N. SUITE 400 P.O BOX HOUSTON~ TX PASADENA, CA PHONE (281) FAX (281) CUST: FIRST AMERICAN - NCS BRANCH: ORDER: NCS CLOSER: ORDER TYPE: A SUBTYPE: R DATE: 12/13/2016 SELLER 313 ACRES PEARLAND JOINT BUYER COUNTY BRAZORIA SUBD NAME / BLK A0070 W D C HALL NO HOA FOUND FOR A0070 W D C HALL *** OUR RESEARCH DOES NOT INDICATE THE EXISTENCE OF AN *** *** HOA. PLEASE VERIFY WITH YOUR TITLE REPORT. IF AN *** *** HOA IS KNOWN, PLEASE CONTACT YOUR TAX SERVICE *** SUMMARY OF ACCOUNT DESC A0070 W D C HALL (PEARLAND), TRACT 6 (PT) (CALLED LT 7), ACRES SITUS 2426 BROADWAY CPL CONDITIONS, DISCLAIMERS AND EXCLUSIONS This HOA Certificate does not constitute a report on or certification of: (1) mineral (productive and/or non-productive) taxes or leases; (2) personal property taxes; or (3) other non ad valorem taxes (such as paving liens, stand-by charges or maintenance assessments). Data Trace Information Services LLC ("Data Trace") may have warranted the accuracy of this HOA Certificate to its customer (the "Data Trace Customer") pursuant to the terms and conditions of a written tax service agreement between Data Trace and said Data Trace Customer (the "Tax Service Agreement"). Any such warranty (hereinafter, "Data Trace Customer Warranty") does not: (a) extend to a third party bearer of this HOA Certificate; (b) cover any changes made to the records of the association or other assessment authority after the "payments as of," "paid," or "payment" dates delineated above; and (c) cover any invalid assessment information shown on the records of the association or other assessment authority authority or resulting from an error by the Data Trace Customer (including, without limitation, submission of incorrect property information by said Data Trace Customer). DATA TRACE MAKES NO WARRANTIES (EXPRESS OR IMPLIED) WITH RESPECT TO THIS HOA CERTIFICATE OTHER THAN (WHERE APPLICABLE) THE DATA TRACE CUSTOMER WARRANTY. Any and all claims under a Data Trace Customer Warranty must be submitted to Data Trace by the corresponding Data Trace Customer and are subject to the terms and conditions set forth in the pertinent Tax Service Agreement (including, without limitation, the filing deadlines applicable to such claims). In some jurisdictions Data Trace's validation of a HOA Certificate is required to activate a Data Trace Customer Warranty. Page 23 of 28

24 VICINITY MAP Page 24 of 28 Legend/Notes Plats 1:2,400 1 inch = 200 feet N This product is for informational purposes only and may not be prepared or be suitable for legal, engineering, or surveying purposes. MA P PREPAR ED: JAN UAR Y 11, GIS D EPART M ENT

25 Pag e 25 of 28 GB SFR

26 FUTURE LAND USE Page 26 of 28 Legend/Notes 1:2,400 Plats Future Land Use Plan 2015 Suburban Residential Low Density Residential Medium Density Residential High Density Residential Offices Detention Park Recreation and Open Space Public / Semi-Public Retail, Offices and Services Village District Lower Kirby Urban Center 288 Gateway Cullen Mixed Use District Garden/O'Day Mixed Use District Light Industrial Industrial Business Commercial Airport Major Retail Node (50 acres) Minor Retail Node (25 acres) Residential Retail Node (5 acres) 1 inch = 200 feet N This product is for informational purposes onl y a nd may not be p re pared or be suitable for legal, engineering, o r surveying purpo ses. MAP PREPARED: JANUARY 11, 2017 GIS DEPARTMENT

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