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

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EXHIBIT C — DEVELOPMENT WAIVERS CODE REFERENCE CODE STANDARD PROPOSED MODIFICATION Land Development Code Chapter 1 Development Procedures Article 4, Division 2, (c) Amendment. The development agreement Modify Section 1.4.2.6(c) Section 1.4.2.6 — and land use plan may be amended from time to to allow amendments in Expiration, Extension, time under the procedure for approval of a petition accordance with the terms Amendment and for a development agreement. of the Cotton Center Termination of Agreement Development Agreement. Land Development Code Chapter 4 ZoningRe ulations Lot sizes, setbacks etc. as established by Table Various modifications as Article 1, Division 6 — 4.1.6.1 outlined in Table 2 and Dimensional and Table 3. Replace Table Development Standards 4.1.6.1 with Table 2 and Table 3. Land Development Code Chapter 7 Public Facilities Standards (1) Dedication of right-of-way. The property Modify requirement and owner shall provide all rights-of-way required for replace it with the existing or future streets, and for all required street following language improvements, including perimeter streets and "Dedication of right -of - approach roads, as shown in the Thoroughfare way. The property owner Plan and as required by the TCSS or by other valid shall provide all rights -of - development plans approved by the Planning and way required for currently Article 4, Division 1, Zoning Commission. designated streets, and for Section 7.4.1.2 (f) (1) — all required street Adequacy of Streets and improvements, including Thoroughfares perimeter streets and approach roads, as shown on the Concept Plan attached to the Cotton Center Development Agreement or by other valid development plans approved by the City." (i) Half Streets. Construction of half streets shall be prohibited, except when essential to the reasonable development of the subdivision in Modify requirement and conforming with the other requirements of this replace it with the Code and the Thoroughfare Plan, and where the following language "Half Article 4, Division 1, Planning and Zoning Commission makes a Streets. Construction of determination that there is no immediate benefit to half streets shall be Section 7.4.1.4 (i) — be gained by constructing the full street section permitted. Half streets Specific Street Standards since no access from the street will be needed by shall be allowed by a the subdivision in question. The Planning and determination by the Zoning Commission may also find that it would be Director not more practical, or cost effective, to delay unreasonably withheld." construction of the other half of a street until when the adjoining property is developed.