Res 2023-021R Approving a first amendment and reinstated agreement with Franklin Mountain San Marcos

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Section 4.03 Platting Procedures. Owner agrees to comply with all applicable requirements in the City Code relating to platting, except as adjusted by the following: A. Concept Plan. The Concept Plan is attached hereto as Exhibit B and shows the proposed location and Land Use Districts of the Planning Areas; B. Subdivision Concept Plat. A Subdivision Concept Plat shall be submitted and approved for each Sub - District. Within one hundred eighty (180) days of the creation of a Sub -District, Owner shall (1) provide for review a Subdivision Concept Plat and (2) meet with the City regarding the Subdivision Concept Plat at which time the City will identify the study area of the TIA, in accordance with Section 7.01 of this Agreement ("Initial Sub -District Meeting"). Within one hundred eighty days (180) days following the Initial Sub -District Meeting, Owner shall formally submit a Subdivision Concept Plat Application and a TIA ("Sub -District Submittal"). If a Sub -District consists of non-contiguous parcels, Owner will submit a Subdivision Concept Plat for each parcel within the Sub -District. A Preliminary Subdivision Plat may be submitted and approved concurrently for the entire Sub -District proposed for creation, or a portion thereof. The Subdivision Concept Plats for the last Sub -District and any remainder land (i.e. the land left over that is not included in the last Sub -District, also known as the Final Sub -District) do not have to be submitted at the same time. For example, if there are 700 acres of the Property that are not included in any previous Sub -District, and the last Sub -District is 500 acres then the remaining land (aka the Final Sub -District) will be the remaining 200 acres. Owner will submit a Subdivision Concept Plat for the last Sub -District, in accordance with the Initial Sub - District Meeting and the Sub -District Submittal timelines. When the Owner decides to develop the Final Sub -District, the Owner will schedule the Initial -Sub -District Meeting and following the Initial - Sub -District Meeting, in accordance with the Sub -District Submittal timeline. Notwithstanding the requirements of Development Agreements and Concept Platting in the City Code, Owner will provide the following information when submitting the Subdivision Concept Plat application: a. The Permitted Zoning District chosen from the menu of permitted uses on Table "1" for each parcel of each Planning Area within the Sub -District; b. Traffic Impact Analysis (per Section 7.01 of this Agreement); c. Oversize construction participation agreements (if any); d. An updated Concept Plan (Exhibit B); e. An updated Sub -District Map (Exhibit B-1); and f. A copy of the proposed Memorandum of Agreement between the Sub -District and the City which is required per Section 19.01(a)(iii.). C. Preliminary Subdivision Plat. Owner will submit a Preliminary Subdivision Plat in accordance with the requirements of the City Code, either (i) concurrently with the submittal and review of the application of the Subdivision Concept Plat, or (2) following City approval of a Subdivision Concept Plat. A Preliminary Subdivision Plat may be submitted for all or any portion of a Subdivision Concept Plat. D. Final Plat. Owner will submit a Final Plat in accordance with the requirements of the City Code, either (1) concurrently with the submittal and review of the Preliminary Subdivision Plat, or (2) following City approval of a Preliminary Subdivision Plat. A Final Plat may be submitted for all or any portion of a Preliminary Subdivision Plat.