Res 2013-018/City Manager to execute a development agreement with Lazy Oaks Ranch, LP

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boundaries. E. No Contractual Enlargement of Exemption from City Standards: Notwithstanding any other provision in this Agreement, including references to such things as the "Governing Regulations" or the "Time of Submittal ", this Agreement shall in no manner be construed to create any exemption from applicable ordinances or laws, entitlement or vesting of rights beyond what is expressly provided in Chapter 245. Lazy Oaks Ranch specifically acknowledges that development of the Property shall be subject to the city's ordinances, regulations, and policies regarding water and sewer utility connections, including those that address development over the Edwards Aquifer Recharge Zone, as amended from time to time. F. The Governing Regulations shall be applicable to control the development of the Property. Unless otherwise specifically authorized by the City, the Property may not be developed to a lesser standard than that required by the Governing Regulations. 1.04 Permitted Uses, Project Density and Dimensional and Development Standards Lazy Oaks Ranch envisions the development of the Property as a predominantly single family residential development with limited commercial development, open space, conservation and preservation areas in accordance with the Conceptual Land Use Plan (`the Project "). The existing topography and natural areas on the Property provide for opportunities to develop the Property as a conservation development where pods of smaller lot sizes may be clustered to provide for preservation of existing natural features and open space. The Property may be developed as a conservation development, a conventional development or a combination thereof. In order to achieve the maximum development flexibility possible within the Project, this Agreement establishes a variety of uses and lot types and sizes that may be developed on the Property. A. Permitted Uses: The following uses shall be permitted on the Property in accordance with the City's zoning districts as defined on the Effective Date: 1. Residential: All permitted uses identified in the SF -R, Single Family Rural Residential District, SF -11, Single Family District, SF -6, Single Family District, SF -4.5, Single Family District, TH, Townhouse Residential District and the PH -ZL, Patio Home Zero Lot Line Residential District. 2. Nonresidential: All permitted uses identified in the NC, Neighborhood Commercial District. Nonresidential uses, if developed, are intended to be located at appropriate locations, such as the intersections of major thoroughfares, within the development. 3. Conditional uses authorized in the 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. 4. 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 Property, including but not limited to quarries, borrow pits, sand or gravel operations, oil or gas exploration or extraction activities, and mining operations. This prohibition shall not be interpreted to prohibit excavation of soil in connection with the development of the Property consistent with this Agreement. B. Project Density: The Project shall be restricted to a maximum of 1,750 dwelling units for an overall project density of 1.25 units per acre ( "UPA "). Project density shall be further restricted as follows: (i) the approximately 371 acre residential area located east of Purgatory Creek and adjacent to the San Marcos Academy property as illustrated on the Conceptual Land Use Plan shall be restricted to a maximum of 3 units per acre and all lot types provided for in Section 1.04.0 of this Agreement; (ii) the approximately 283 acre residential area located west of Purgatory Creek and being the southern half of the residential permitted west of Purgatory Creek as illustrated on the Conceptual Land Use Plan shall be restricted to a maximum of 2 units per acre and the Single Family Residential Estate and Single Family Residential Rural Lots provided for in Sections 1.04.C.1 and 1.04.C.2 of this Agreement, (iii) the approximately 1649956.1