PLANNED DEVELOPMENT DISTRICT #1

CITY OF DRIPPING SPRINGS ORDINANCE No. 1220.11 PLANNED DEVELOPMENT DISTRICT #1 AN ORDINANCE ENACTING VOLUME 2, ARTICLE 15, CHAPTER 24, SUBCHAPTER A, OF THE DRIPPING SPRINGS CODE OF ORDINANCES; CREATING PLANNED DEVELOPMENT DISTRICT NUMBER ONE, AND ESTABLISHING REGULATIONS AND GUIDELINES FOR THE CONSTRUCTION AND OPERATION OF A RETAIL CENTER FEATURING AN HEB GROCERY STORY AND HOME DEPOT HOME IMRPROVEMENT STORE; AND PROVIDING FOR THE FOLLOWING: RULES; STANDARDS; PROCEDURES; CRIMINAL PENALTIES; AND, SEVERABILITY WHEREAS, the City Council of the City of Dripping Springs ("City Council") seeks to protect the health, safety, and welfare of those living, working, and visiting the City; and WHEREAS, the City Council finds that the public benefit from mles and regulations that are crafted specifically to govern particular tracts for particular projects through the negotiation and enactment of Planned Development Districts (PD Districts) that address the (a) size oflots; (b) height, number of stories, and size of buildings and other structures; (c) use of real property; (d) percentage oflot that may be occupied; (e) size of yards, setbacks and other open spaces; (f) location of buildings and other structures; (g) transportation; (h) water quality protection; and (i) landscaping; and WHEREAS, the Planned Development District is a district which accommodates planned associations of uses developed as integral land use units such as industrial districts, offices, commercial or service centers, shopping centers, residential developments of multiple or mixed housing including attached single-family dwellings or any appropriate combination of uses which may be planned, developed or operated as integral land use units either by a single owner or a combination of owners; and WHEREAS, a PD District may be used to pe1mit new or innovative concepts in land utilization not permitted by other zoning districts in this Ordinance; and WHEREAS, pursuant to Texas Local Government Code Section 51.00 I, the City has general authority to adopt an ordinance or police regulation that is for the good government, peace or order of the City and is necessary or proper for carrying out a power granted by law to the City; and WHEREAS, pursuant to Chapter 211 of the Texas Local Government Code, the City has broad

zoning authority; and WHEREAS, the City Council finds that it is necessary and proper for the good government, peace or order of the City of Dripping Springs to adopt an ordinance regulating land use and development through Planned Development Districts; and WHEREAS, the City Council of the City of Dripping Springs ("City Council") has been in negotiations for nearly a year with the owners and agents of a proposed planned development district project; and WHEREAS, the City Council finds that the Planned Development District Agreement affixed to this Ordinance as Exhibit A, and incorporated herein, is beneficial to the City of Dripping Springs, consistent with the Interim Comprehensive Plan, and in the best interests of the citizenry; and WHEREAS, drafts of the Planned Development District Agreement have been publicly considered at numerous public meetings and public hearings before the City Council and the Planning and Zoning Commission; and WHEREAS, the City and Owners have provided extensive public notice throughout the process; and WHEREAS, the City and Owners have actively sought and received written input on the Development Agreement fi om a wide spectrum of interested stakeholders, including those listed on Exhibit B. NOW, THEREFORE, BE IT ORDAINED by the City Council of Dripping Springs: 1. FINDINGS OF FACT The foregoing recitals are incorporated into this Ordinance by reference as findings of fact as if expressly set forth herein. 2. ENACTMENT Volume 2, Article 15, Chapter 24, Subchapter A, of the City of Dripping Springs Code of Ordinances is hereby established so to read in accordance with Exhibit A, which is attached hereto and incorporated into this Ordinance for all intents and pmposes. 3. REPEALER All ordinances, or patts thereof, that are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance PDD #1 Ordinance Page 2 of 10

shall be and remain controlling as to the matters regulated, herein. 4. SEVERABILITY Should any of the clauses, sentences, paragraphs, sections or parts of this Ordinance be deemed invalid, unconstitutional, or unenforceable by a court of law or administrative agency with jurisdiction over the matter, such action shall not be construed to affect any other valid portion of this Ordinance. 5. CODIFICATION The City Secretary is hereby directed to record and publish the attached rules, regulations and policies in the City's as authorized by Section 52.001 of the Texas Local Government Code. 6. EFFECTIVEDATE This Ordinance shall be effective immediately upon passage and publication as provided for by law. 7. PROPER NOTICE & MEETING It is hereby officially found and determined that tl1e meeting at which this Ordinance was passed was open to the public, and that public notice of the time, place and purpose of said meeting was given as required by the Open Meetings Act, Texas Government Code, Chapter 551. Notice was also provided as required by Chapter 52 of the Texas Local Government Code. PDD #I Ordinance Page 3 of 10

PASSED & APPROVED this, the 12"' day of September 2006, by a vote ofs (ayes) to 0 (nays) to 0 (abstentions) of the City Council of Dripping Springs, Texas. CITY OF DRIP:NG ~NGS: by:)jfllj Mayor Todd Purcell ATTEST: APPROVED AS TO FORM: PDD # 1 Ordinance Page 4 of 10

Exhibit "A" City of Dripping Springs CODE OF ORDINANCES VOLUME: 2 ARTICLE 15: DEVELOPMENT CHAPTER 24: PLANNED DEVELOPMENT DISTRICTS SUBCHAPTER A: PDD #1 PDD #1 Ordinance Page 5 of 10

PLANNED DEVELOPMENT DISTRICT #1 SECTION 1. ENACTMENT PROVISIONS 1.1. Popular N arne. This Chapter shall be commonly cited as the "PDD #1 Ordinance." 1.2. Purpose. The enactment of this Chapter memorializes the City Council's legislative approval of the Planned Development District Agreement. This Chapter also creates the zoning classification "Planned Development Distr ict Number One (PDD #1 )." 1.3. Scope. This Chapter applies to all property within the incorporated municipal boundaries (i.e., "city limits"). SECTION 2. DEFINITIONS 2.1. General. Words and phrases used in this Chapter shall have the meanings set fotth in this section. Terms that are not defined below, but are defined elsewhere in the, shall be given the meanings set forth in fue Code. Words and phrases not defined in fue Code of Ordinance shall be given their common, ordinary meaning unless the context clearly requires otherwise. When not inconsistent with the context, words used in the present tense shall include fue future tense; words in the plural number shall include the singular number (and vice versa); and words in the masculine gender shall include the feminine gender (and vice versa). The word "shall" is always mandatory, while the word "may" is merely directoty. Headings and captions are for reference purposes only. 2.2. Specific. Agreement: The contract between the City of Dripping Springs, Texas and Owners, dated September 12, 2006, entitled "Dtipping Springs Retail Center Planned Development District (PDD) Agreement featuring HEB & Home Depot," including all Exhibits, which are incorporated herein for all intents and purposes. City: the City of Dripping Springs, an incorporated municipality located in Hays County, Texas. Property: Approximately 55.82 acres ofland, located within the City Limits of Dripping Springs, in Hays County, Texas, more fully described in Exhibit C. PDD #1 Ordinance Page 6 of!o

SECTION 3. APPROVAL 3.1. Agreement Approved. The planned development district agreement, that being the contract dated September 12, 2006, entitled "Dripping Springs Retail Center Planned Development District (PDD) Agreement featuring HEB & Home Depot," is hereby approved by the City Council. 3.2. Execution of Agreement. The Mayor is instructed to execute the Agreement on behalf of the City of Dripping Springs. 3.3. Recordation. The City Secretary is instructed to publish the Agreement in and among the official records of the City, and cause the Agreement to be filed in and among the land records of Hays County. SECTION 4. REGULATIONS 4.1. Boundary. The boundary ofpdd #I shall be as delineated on Figure "A". 4.2. Zoning. The Property is hereby assigned the base zoning district of General Retail (GR). 4.3. Prohibited Uses. Notwithstanding the base district of General Retail (GR), the following uses otherwise available in the GR district shall not be allowed: Communication Equipment Repair Pawn Shop Mini-Warehouse-Self Storage All Terrain Vehicle Dealer (Sales Only) Auto Sales (New and Used) Motorcycle Dealer (Sales, Repair) Studio, Tattoo or Body Piercing Veterinarian Clinic (Indoor Kennels) Auto Washing Facility, Attended Limousine/Taxi Service Tennis Comt Country Club (Private) Auto Financing and Leasing Driving Range Fairgrounds/Exhibition Area Golf Course (Miniature) Golf Course (Public, Private) 4.4. Building Height. Buildings more than fifty thousand gross square feet (50,000) GSF shall not exceed forty-five feet (45') in height, measured from finished grade to the highest parapet exclusive of entries and other design elements. 4.5. Impervious Cover. There shall be a total of no more than fifty percent (50%) impervious cover on the Property as a whole. 4.6. Parking. Notwithstanding the Zoning Ordinance, development of the Property shall PDD #I Ordinance Page 7 of!o

include parking at a minimum ratio of one (I) space per two hundred seventy-five square feet (275 sq. ft.) of floor area in the portion of the Property being permitted, and a maximum ratio of one (1) space per one hundred fifty square feet (150 sq. ft.) of floor area in such portion of the Property, such ratio to be chosen by Owner in Owner's sole discretion. 4, 7. The following landscaped buffer areas shall be established for the Property (with all such buffers measured from the boundary lines of the Property or, as applicable, existing rightof-way boundaries): (a) HEB Tract adjacent to US 290: fifty feet (50') in depth, with landscaping and buffering as generally depicted on Exhibit "C-2" hereto; (b) Retail Tract adjacent to US 290: thirty-five feet (35') in depth, with landscaping and buffering as generally depicted on Exhibit "C-2" hereto; (c) Southern & Western boundary of Home Depot Tract: a buffer area of vmying depth, including tapered down to no buffer along a portion of the boundmy, as generally depicted on Exhibit "C-3" hereto; however, in the event that property is acquired east of the Home Depot tract before commencement of construction, then the landscaping buffer shall be increased to equal the amount oflinear footage ofland acquired to the east of the Home Depot; (d) Western boundary of the Retail Tract: ten feet (I 0 ') in depth; (e) Eastern boundary of the HEB Tract: twenty-five (25 ') in depth, with landscaping and buffering as generally depicted on Exhibit "C-4" hereto; and (f) Adjacent to the east and west right-of-way of Rob Shelton Boulevard: twenty feet (20') in depth, with landscaping and buffering as generally depicted on Exhibit "C- 5". 4.8. Certain Pad Dimensions. The size and number of buildings that may be constructed within the shaded building envelopes numbered 1-7, as shown on Exhibit "B-1 "hereto, shall be limited as follows: Envelope 1. Envelope 2. Envelope 3. Envelope 4. Envelope 5. no more than an aggregate total of 15,000 square feet under canopy or roof, with no more than three (3) structures, and Envelopes I and 2 (which are on the HEB Tract) may contain no more than an aggregate of 190,000 square feet together; no more than an aggregate total of 180,000 square feet under canopy or roof, with no more than four (4) structures; no more than an aggregate total of I 0,000 square feet under canopy or roof, with no more than two (2) structures; no more than a total of 5,000 square feet under canopy or roof, with no more than one (I) strncture; no more than an aggregate total of 175,000 square feet under canopy or roof, with no more than three (3) structures; VoL 2, Art. 15, Chap. 24, Subch. A. PDD #1 Ordinance Page 8 of 10

Envelope 6. Envelope 7. no more than an aggregate total of 10,000 square feet under canopy or roof, with no more than two (2) stmctnres; and no more than an aggregate total of 15,000 square feet under. canopy or roof, with no more than two (2) stmctures, and Envelopes 3, 4, 6, and 7 (which are on the Retail Tract) (but excluding Envelope 5, which is on the Home Depot Tract) may contaiu no more than an aggregate total of 30,000 square feet together. SECTION 5. ENFORCEMENT 5.1. The PDD Agreement provides enforcement mechanisms to ensure compliance. 5.2. Among other civil remedies, the City may withhold development approvals in accordance with the PDD Agreement in order to ensure compliance. 5.3. Among other remedies, the City is authorized to issue stop work orders to halt constmction in violation of this Ordinance or the PDD Agreement. Vol. 2, A1t. 15, Chap. 24, Subch. A. PD D # 1 Ordinance Page 9 of!o

Figure A. BOUNDARIES OF PDD #1 Vol. 2, A1t. 15, Chap. 24, Subch. A. PDD #I Ordinance Page 10 of 10

DRIPP1NG SPRINGS TRACT DAIPPJNG SP!llNGS, TEXAS PROPERTY DESCRIPTION "EXHIBIT A" Bury Partners ~~... ~. 10'""'~'