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hearings and City Council actions necessary to complete the annexation, <br />Comprehensive Plan designation, and zoning consistent with this Agreement. The <br />parties acknowledge and agree, pursuant to Sections 43.0672 and 212.172(b)(7) <br />and (8) of the Texas Local Government Code, the terms of any annexation shall <br />provide that such annexation is conditioned on and subject to zoning of the Property <br />being consistent in all respects with the terms of this Agreement. <br />1.03 Base Zoning District(s) <br />A. The City and Owner agree that (i) the Owner shall make an application for <br />and the City Council of the City shall consider an ordinance zoning the <br />Property to Employment Center District and Character District -3, , and (ii) that <br />Property will, subject to City Council discretionary and legislative approval, be <br />zoned Employment Center District ("EC") and Character District -3 ("CD -3") <br />with, and subject, the modifications to the SMDC use and development <br />regulations associated with such base districts as set forth in this Agreement <br />and as shown on the Conceptual Land Use Plan. <br />1.04 Development Standards: <br />A. All City of San Marcos codes and ordinances in effect on the Effective Date of <br />this Agreement shall govern throughout the term of this Project, except as noted <br />within this Agreement. In the event of a conflict between this Agreement and the <br />SMDC or the City's Codes and Ordinances, this Agreement shall control. For <br />example, the variations and modifications to SMDC regulations and standards <br />specified in Section 1.04(C) shall be construed as to vary and modify conflicting <br />regulations and standards in the SMDC. to the extent such conflicting regulations <br />and standards prevent the variations and modifications provided in Section <br />1.04(C) from being implemented. <br />B. Notwithstanding Section 1.04(A), the variations and modifications to SMDC <br />regulations and standards specified in Section 1.04 (C) of this Agreement shall <br />not be construed as to supersede, vary or modify environmental regulations in <br />Chapter 6 of the SMDC, or flood damage prevention regulations in Chapter 39 <br />and locally adopted international codes in Chapters 14 and 38 of the San Marcos <br />City Code. <br />C. Variations and modifications to the SMDC and Other Special City Standards are <br />hereby granted and allowed as follows: <br />1. Section 4.4.3.4., "Parking Location", which prohibits surface parking in <br />the First Layer in Character District -3 Districts, is modified as follows: <br />i. Where a single car garage is proposed on a lot, the second <br />required parking space may be surface parking located in the <br />First Layer. <br />2. Section 4.4.5.1., "Parking Location", which prohibits surface and <br />garage parking in the First Layer and prohibits garage parking in the <br />3 <br />