Res 2021-232/approving a fifth amended and restated Development Agreement with Lazy Oaks Ranch, LP and its partial assignees in connection with the La Cima Development near the intersection of Old Ranch Road 12 and Wonder World Drive

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Property depicted aaCommunity Commercial on the Conceptual Land Use Plan uptoa maximum of 200 acres for the combined uses under (0 and (i0. "Film and Television Production Facilities Uses" ohe|| include any television/radio broadcasting studio, recording studio, he|ocommunicatiun, and/or movie/media productions (including on-site with movie/media productions; any ancillary businesses that supply services, equipmmnt, and resources to any of the forgoing or the movie/media industry in general; and any training cenher, trade sohoo|, and/or vocation centers ancillary or related to any of the foregoing. Nonresidential uses, if developed, are intended to be located at appropriate locations, such as along thoroughfare corridors or at the intersections of major thurouOhfaram, within the development. 3. Multi-FaOlUv:AU permitted uses identified inthe YWF-24' Multiple -Family Residential District oha||bepennittedwithinanyporhonofthePnnpertydepictedoaCommunih/Comnnenoia|on the Conceptual Land Use Plan (but excluding the La Cima Outparcels and the Additional 22 Acre Tract) up to m maximum of 720 unite; provided, however, that Purpose Built Student Housing (as established byCity Ordinance NO. 201G-24)shall beprohibited. 4. Condominium Residential: A development hype allowed in any district containing multiple individually owned dwelling units and jointly owned and shared common areas and facilities on o common lot ehoU be permitted in any portion of the Property in connection with m Conditional Use Permit approved bythe City Council. 5. Sc]ooiSiUe. The Parties oohnnvWedgm that the Project is located within the Sen K8mncom Consolidated Independent School District (the ^Disthct"). Owner shall dedicate upbna 12 ouwe site for a future elementary auhow| 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 hyOwner and the District. G. . Owner has transferred hothe City a3.5O5 acre site, located no more than one-third mile driving distance from the intersection of Old Ranch Road 12 and Wonder World Drive, for a future fire station and/or police or EMS station. Such site shall have a maximum impervious cover allocation equal to 2.1 oonea. Transit stop locations will bedetermined byOwner and City otthe time ofplatting ofsuch locations. 7. Conditional uses authorized in the 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 Film and Television Production Facilities Uoea, within a nonresidential area with e single tenant greater than 80.00Osquare feet in size shall require e Conditional Use Permit in accordance with the City's Land Development Code subject toorecommendations bythe Planning and Zoning Commission and final approval byCity Council. 8. Notwithstanding anything in this Agreement or in the City's LDC or ordinances to the contrary, no extraction of or exploration for surface or sub -surface mineral resources or natural resources may be conducted onthe Property, including but not limited toquarries, borrow pito, sand or gravel oparoUono, oil or gas exploration or extraction ontivides, and mining operations. This prohibition shall not beinterpreted bnprohibit excavation ofsoil inconnection with the development ofthe Property consistent with this Agreement. B. The Project shall be restricted to a maximum of 2,800 dwelling units for an overall project density of1.1Uunits per acre ("UPA^). Project density shall befurther restricted aafollows: 1. approximately 706.59 acres of the Property located east of Purgatory Creek as illustrated on the Conceptual Land Use Plan shall be restricted to a maximum of 3 units per acre and all lot types provided for in Section 1.04.0 of this Agreement are permitted, provided, however, that any portion ofthe Property depicted aoCommunity Commercial onthe Conceptual Land Use Plan as permitted in Section 1.04.A.2. of this Agreement not developed for nonresidential may also be developed for residential uses in accordance with these density and lot type restrictions; 2. the approximately 712.75 acres of the Property located west of Purgatory Creek shall be restricted to a maximum of 2 units per acre and all lot types provided for in Section 1.04.0 of this Agreement are permitted; and 4 3483281.1