Res 2018-199/approving a First Amended and Restated Development Agreement with LaSalle Holdings, LTD. in connection with the development generally located north of Yarrington Road, east of Interstate 35 and west of State Highway 21 that, among other thin

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Preliminary Development Plat or Cluster Development Plat. 9. A Watershed Protection Plan Phase 2 prepared prior to approval of the following development applications: Construction Plans, Site Preparation Permit, Final Subdivision Plat, Final Development Plat. a. With each Phase 2 Watershed Protection Plan a Water Balance Analysis will be conducted and provided to the City to ensure viability of the water features. The analysis must indicate that no potable water will be utilized for the water features. 10.All applicable requirements and standards of the Texas Commission on Environmental Quality (TCEQ) will be met. B. Plat Approval: The Parties agree that the approved land uses in each final plat of portions of the Property shall be consistent with the Conceptual Land Use Plan, as may be amended from time to time and the Regulating Plan. C. Environmental, Water Quality & Detention Standards Owners shall obtain authorization from and comply with the rules and regulations established by federal, state and local governmental entities regarding watershed protection if any are relevant or impacted and any geologic assessments required by various governmental entities. Owners shall also prepare and implement a stormwater pollution prevention plan in compliance with the TCEQ's Texas Pollution Discharge Elimination System stormwater general permit, or the National Pollution Discharge Elimination System general permit, for construction related stormwater discharges. Finally, Owners will seek to ensure that the Project will not jeopardize the continued existence of listed endangered species or destroy or adversely modify their critical habitat in accordance with the federal Endangered Species Act, if any. Development of the property shall be governed by the following: 1. Chapter 5 of the San Marcos Land Development Code for environmental regulations as adopted on March 4, 2014. 2. San Marcos Storm Water Technical Manual, as adopted on March 4, 2014 a. Including the San Marcos Green Infrastructure Low Impact Development (LID) Guidance Manual. b. Provided, however; Owners are not required to comply with Sections 5.1.1.2(e), (f) and (g). 3. The parties recognize that the Project is not located within the Edwards Aquifer Recharge or Contributing Zone and Sections 1 and 2 above shall not apply if the requirements exceed TCEQ Edwards Aquifer Standards. The development will comply with all drought restrictions within the City of Kyle Code of Ordinances.