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City Council Approval: March 24.2007 Zoning ordinance no. 2007-18 Administrative Amendment Approval: July 17, 2007 City Council Amonilnunt Approval! • Zoning ordinance no_ 1.0 PURPOSE AND INTENT The intent of this document is to define responsibilities, limitations and accepted deviations from the city's code for the development and operation of the subject property. The document is binding on the owners and master developer listed above as well as all assigns and heirs. An Operation and Easement Agreement (the "O.E.A.") delegating an "Operator" will be created covering all land and properties addressed in this PDD and subject to the terms here-in utilizing the base farm of O.E.A. attached as Exhibit 2. The D.E.A. will be expressly subject to the terms of this PDD (as hereafter defined), but shatl contain such modifications from the form attached as Exhibit 2 as The parties thereto may desire to incorporate therein. 1.1 The StoneCreek Crossing Planned Development District (the "PDD" or "StoneCreek Crossing PDD") is submitted to the City of San Marcos for the purpose of securing development rights, procedures and standards to govern the future use and development of the subject property. The PDD is not submitted as a Development Plan under Section 31.161 of the Natural Resources Code, V.T.C_A. Upon adoption of the PDD the State of Texas (its successors and heirs) waive any right to invoke the processes afforded under Section 31.161 et seq. The PDD and any amendments will be the controlling mechanism for future development unless mutually revoked by all parties Involved. • 1.2 The PDD provides specific development standards and processes which will apply to all platted or re-platted lots within the overlay district. 1.3 When not specifically detailed in this Agreement, all development within the PDD will comply with the Land Development Code as of the date of submittal of development plans. 1.4 The StoneCreek Crossing PDD will be adopted to establish zoning standards and development regulations while ensuring a superior project is developed. The StoneCreek Crossing project will incorporate a mix of both local and destination-oriented commercial uses such as retail stores, restaurants and banks. The proposed commercial uses are compatible with surrounding land uses and consistent with development along the Interstate Highway 35 corridor. The project will provide a mix of retail, pedestrian circulation, efficient vehicular flow, wet ponds and a considerable amount of open spate. It will be designed in an architecturally appealing style. 1.5 This PDD overlay allows for flexible design while providing the following "bonuses" in excess of the City of San Marcos Land Development Code (the "Code" or the "Land Development Code") . These items and other elements • will be further expanded upon in this PDD agreement.