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E. No Contractual Enlargement of Exemption from City Standards: Notwithstanding any other provision in this
<br />Agreement, including references to such things as the "Governing Regulations" or the "Time of Submittal ", this
<br />Agreement shall in no manner be construed to create any exemption from applicable ordinances or laws,
<br />entitlement or vesting of rights beyond what is expressly provided in Chapter 245. Owner specifically
<br />acknowledges that development of the Property shall be subject to the City's ordinances, regulations, and
<br />policies regarding water and sewer utility connections, including those that address development over the
<br />Edwards Aquifer Recharge Zone, as amended from time to time.
<br />F. The Governing Regulations shall be applicable to control the development of the Property. Unless otherwise
<br />specifically authorized by the City, the Property may not be developed to a lesser standard than that required by
<br />the Governing Regulations.
<br />G. Third Party Inspection Services: Unless an alternative is mutually agreed upon by the Parties, any plan review
<br />and building inspections conducted during the permitting process and through receipt of certificate of occupancy
<br />shall be conducted by a qualified, third -party plan review and inspection service, mutually agreed upon by the
<br />Parties, and results shall be provided in the City's permitting system.
<br />1.04 Permitted Uses, Project Density and Dimensional and Development Standards
<br />Owner envisions the development of the Property as a predominantly single family residential development with
<br />limited nonresidential development, open space, conservation and preservation areas in accordance with the
<br />Conceptual Land Use Plan. The existing topography and natural areas on the Property provide for opportunities to
<br />develop the Property as a conservation development where pods of smaller lot sizes may be clustered to provide
<br />for preservation of existing natural features and open space. The Property may be developed as a conservation
<br />development, a conventional development or a combination thereof. In order to achieve the maximum development
<br />flexibility possible within the Project, this Agreement establishes a variety of uses and lot types and sizes that may
<br />be developed on the Property.
<br />A. Permitted Uses: The following uses shall be permitted on the Property in accordance with the City's zoning
<br />districts as defined on the Effective Date:
<br />1. Residential: All permitted uses identified in the SF -R, Single Family Rural Residential District, SF -11,
<br />Single Family District, SF -6, Single Family District, SF -4.5, Single Family District, TH, Townhouse
<br />Residential District and the PH -ZL, Patio Home Zero Lot Line Residential District.
<br />2. Nonresidential: All permitted uses identified in the NC, Neighborhood Commercial District shall be
<br />permitted within the 328.51 acre, 3 unit per acre portion of the Property depicted on the Conceptual Land
<br />Use Plan. All permitted uses identified in the CC, Community Commercial District shall be permitted within
<br />the Additional Property up to a maximum of 200 acres. Nonresidential uses, if developed, are intended to
<br />be located at appropriate locations, such as along thoroughfare corridors or at the intersections of major
<br />thoroughfares, within the development.
<br />3. School Site. The Parties acknowledge that the Project is located within the San Marcos Consolidated
<br />Independent School District (the "District "). Owner shall dedicate up to a 12 acre site for a future
<br />elementary school to the District at the time of platting of such school site with a maximum impervious cover
<br />allocation equal to the greater of 55% of such site or 6.6 acres. The actual terms, size, timing, and location
<br />of the school site will be determined by Owner and the District.
<br />4. Fire /Police /EMS Station; Transit Stops. Owner shall dedicate up to a 3.5 acre site, located no more than
<br />one -third mile driving distance from the intersection of Old Ranch Road 12 and Wonder World Drive, for a
<br />future fire station and /or police or EMS station, to the City at the time of platting of any portion of the
<br />Property or by October 1, 2016, whichever is sooner. Such site shall have a maximum impervious cover
<br />allocation equal to the greater of 60% of such site or 2.1 acres. The actual terms, size, and location of the
<br />fire and /or police station site will be determined by Owner and the City. Transit stop locations will be
<br />determined by Owner and City at the time of platting of such locations.
<br />5. Conditional uses authorized in the above residential and nonresidential base districts shall only be
<br />permitted if approved by the City in accordance with the procedures and requirements of the City's LDC.
<br />Any proposed use, other than a Corporate Campus or other office use, within a nonresidential area with a
<br />single tenant greater than 80,000 square feet in size shall require a Conditional Use Permit in accordance
<br />with the City's Land Development Code subject to a recommendations by the Planning and Zoning
<br />Commission and final approval by City Council.
<br />6. Notwithstanding anything in this Agreement or in the City's LDC or ordinances to the contrary, no extraction
<br />of or exploration for surface or sub - surface mineral resources or natural resources may be conducted on
<br />the Property, including but not limited to quarries, borrow pits, sand or gravel operations, oil or gas
<br />exploration or extraction activities, and mining operations. This prohibition shall not be interpreted to prohibit
<br />excavation of soil in connection with the development of the Property consistent with this Agreement.
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