Res 2020-179/approving a third amended and restated development agreement in connection with the La Cima development near the intersection of Old Rand Road 12 and Wonder World Drive

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development, a conventional development or a combination thareof. In order to achieve the maximum development flexibility possible within the Project, this Agreement establishes mvariety of uses and lot types and sizes that may bodeveloped onthe Propedy� A. Permitted Uses: The following uses shall be permitted on the Property in accordance with the City's zoning districts asdefined on the Effective Date: 1. : All permitted uses identified in the SF -R. Single Family Rural Residential District, GF -11. 8|n8|e Family Diotrict, SF -6` Single Family Diotrict, 8F-4.5, Single Family Disbint, TH, Townhouse Residential District and the PH-ZL. Patio Home Zero Lot Line Residential District. 2. : All permitted uses identified in the NC. Neighborhood Commercial District shall be permitted within the 3 unit per acre portion of the Property depicted on the Conceptual Land Use Plan. All permitted uses identified in the CC. Community Commercial District shall be permitted within the Property depicted as Community Commercial on the Conceptual Land Use Plan up to o maximum of 200 acres. Nonresidential uees, if developed, are intended to be located at appropriate |000dona, such as along thoroughfare oonidone or at the intersections of major thonmu8htarem, within the development. 3. : All permitted ueeeindentified in the MF -24, Multiple -Family Residential District shall bepermitted within any portion ofthe Property depicted meCommunity Commercial on the Conceptual Land Use Plan (but excluding the La Cima [)utporca|m and the Additional 22 Acre Tract) up to a maximum of 720 units; providmd, however, that Purpose Built Student Housing (as established bxCity Ordinance NO. 2O16-24)shall beprohibited. 4. Condominium Residential: A development type allowed in any district containing multiple individually owned dwelling units and jointly owned and shared common areas and facilities on o common lot shall be permitted in any portion of the Property in connection with a Conditional Use Permit approved bythe City Council. 5. School Site. The Parties acknowledge that the Project is located within the San Marcos Consolidated Independent School District (the "District"). Owner shall dedicate uptoa 12 acre site for a future elementary school to the District at the time of platting of such school site with a maximum impervious cover allocation equal to the greater of 55% of such site or 6.6 acres. The actual terms, size, timing, and location of the school site will be determined by Owner and the District. 8. . Owner has transferred tothe City a3.5O5acre site, located no more than one-third mile driving distance from the intersection of <]/d Ranch Road 12 and Wonder World Drive, for afuture fire station and/or police orEMS station. Such site nho|| have maximum impervious cover allocation equal to 2.1 acres. Transit stop locations will be determined by Owner and City at the time of platting of such locations. 7. Conditional uses authorized inthe above residential and nonresidential base districts shall only be permitted if approved by the City in accordance with the procedures and requirements of the City's LDC. Any proposed use, other than a Corporate Campus or other office use, within a nonresidential area with a single tenant greater than 80.000 square feet in size shall require a Conditional Use Permit in accordance with the City's Land Development Code subject to a recommendations by the Planning and Zoning Commission and final approval bvCity Council. 8. Notwithstanding anything in this Agreement or in the City's LDC or ordinances to the oontrery, no extraction oforexploration for surface or sub -surface mineral resources or natural resources may beconducted on the Property, including but not limited to quarries, borrow pito, sand or gravel openationa, oil or gas exploration or extraction aotivitieo, and mining operations. This prohibition shall not be interpreted to prohibit excavation of soil in connection with the development of the Property consistent with this Agreement. B. shall be restricted to a maximum of 2,800 dwelling units for an overall project density of1.1Ounits per acre ("UPA~). Project density shall befurther restricted as follows: 4