Res 2022-106R/approving a Seventh 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

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District, S[-11.Single Family District, 8F-6, Single Family District, BF -4.5, Single Family District, TH, Townhouse Residential District and the PH-ZL, Patio Home Zero Lot Line Residential District. 2. : All permitted uses identified inthe NC, Neighborhood Commercial 0othot shall be permitted within the 3 unit per aona portion of the Property depicted on the Conceptual Land Use Plan. All permitted uses (i) identified in the CC. Community Commercial District and/or (ii) identified in GC. General Commercial District for Film and Television Production Facilities Uses (as defined below) shall be permitted within the Property depicted as Community Commercial on the Conceptual Land Use P|an, uphou nnoninlurn of 300 ouneo for the combined uses under (i) and (ii). "Film and Television Production Facilities Uses" shall include any television/radio broadcasting otudiu, recording studio, bs|ecomrnuninmtion, and/or movie/media productions (including on-site with movie/media productions; any ancillary businesses that supply een/ioen, equipmnont, and resources to any of the forgoing or the movie/media industry in general; and any training uenber, trade school, and/or vocation centers ancillary or related to any of the foregoing. Nonresidential useo, if developed, one intended to be located at appropriate |uoationu, such as along thoroughfare corridors or at the intersections of major thoroughfmnan, within the development. 3. :AU permitted uses identified inthe K8F-24. Multiple -Family Residential District shall be permitted within any portion of the Property depicted as Community Commercial on the Conceptual Land Use Plan Mon (but excluding the 1.15 acre tract in Exhibit "A-1", the 2.303 acre tract in Exhibit ^A-2" and the 8.861 acre tract and 14.062 acre tract in Exhibit ^A- 4^)uptoarnmxinlumof980unite; provided, however, that Purpose Built Student Housing (as established byCity Ordinance NO. 2O18-24)shall beprohibited. 4. Condominium Residential: A development type o||ovved in any district containing rnu|dp|e individually owned dweI_Iing units and jointly owned and shared common areas and facilities on a common lot shall be permitted in any portion of the Property in connection with a Conditional Use Permit approved bvthe City Council. 5. School Site. The Parties acknowledge that the Project is located within the San Marcos Consolidated Independent School District (the ^[)iethct"). Owner shall dedicate up to a 12 ouna 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 a3.5U5acre 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 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 Film and Television Production Facilities Uaee, within a nonresidential area with m 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 boa recommendations by the 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 on the Pnopedy, including but not limited to quarries, borrow pito, sand or gravel openaUone, oil or gam exploration or extraction octivitieo, and mining operations. This prohibition shall not be interpreted to prohibit excavation of soil in connection with the development ofthe Property consistent with this Agreement. B. The Project shall borestricted toamaximum of4.2OOdwelling units for an overall pnoioctdonoity of1.OSunits per acre ("UPAM. Project density shall be further restricted mofollows: 1. approximately 1,028.003 acres of the Property labeled on the Conceptual Land Use Plan as 4