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6. Section 6.1.2.2 and 6.1.2.3, which allow up to four feet of cut and fill <br /> by right and eight feet approved administratively are modified as <br /> follows: <br /> i. Up to fifteen feet of cut or fill is allowed by right within the limits <br /> designated on Exhibit "G". <br /> ii. Up to twenty feet of cut or fill is allowed by right within the <br /> limits designated on "Exhibit "G". <br /> iii. Up to four feet of cut or fill is allowed by right within the <br /> anticipated floodplain reclamation limits with administrative <br /> approval of Floodplain Study. <br /> iv. Cut or fill over twenty feet will require approval of the City <br /> Council. <br /> i <br /> V. The areas indicated in green on Exhibit"G" shall comply with <br /> City Codes and be subject to a detailed floodplain analysis. <br /> 7. Section 5.1.3.2.13, which limits the height of outdoor storage to twelve <br /> feet, is modified in areas to be utilized for intermodal container <br /> transloading and/or storage operations to allow up to 80 feet in height <br /> when items being stored are 200 feet from a public right of way. <br /> 1.05 Application Procedures <br /> A. Development of the Property shall be governed by the following: <br /> 1. All procedures outlined in the SMDC and City of San Marcos Code <br /> of Ordinances, as they exist on the effective date of this Agreement, <br /> shall apply, unless otherwise provided in this Agreement. <br /> 2. Plat Approval: The Parties agree that the approved land uses in each <br /> final plat of portions of the Property shall be consistent with the <br /> Conceptual Land Use Plan and Exhibit "B" attached hereto. <br /> 3. Due to the significant investment undertaken by Owner in developing <br /> the Property, the City agrees that all water and wastewater impact <br /> fees to be charged by the City during the development of the <br /> Property will be the fees in effect as of March 19, 2019. <br /> 4. Prior to or concurrent with the submittal of the first plat application for <br /> development on the Property or any portion thereof, a traffic impact <br /> analysis (°TIA") will be required in accordance with Sections 3.5.2.7 <br /> and 3.5.2.8 and other applicable provisions of Chapters 2 and 3 of <br /> Subpart B of the San Marcos Code of Ordinances. <br />