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provided, however, nothing under this Section 5.09 shall require modification of the plans and <br />specifications for development of the Katerra Tract as proposed in development applications <br />pending with and permits approved by the City as of the Effective Date, other than the dedication <br />at the time of platting of an avigation easement as noted below. The determination of adverse <br />impacts under this section assumes the condition of the airport following the addition of one or <br />more runways as part of the expansion proposed in the City's Airport Master Plan. In addition, <br />each final plat of any portion of the Property shall include the dedication to the City of an avigation <br />easement granting a right of overflight in the airspace above the platted portion of the Property, <br />the right to create such noise or other effects as may result from the lawful operation of aircraft in <br />such airspace, and the right to remove any obstructions to such easement. <br />Section 5.10. Pollutants. In addition to compliance with applicable ordinances and <br />applicable state and federal laws, all development on the Property will adhere to standards of the <br />Texas Commission on Environmental Quality ("TCEQ") multi -sector general permit, and the <br />Environmental Protection Agency's ("EPA") spill prevention, control and countermeasure rules <br />applicable to petroleum storage and runoff. Activities on the Property shall be conducted to meet <br />or exceed such TCEQ and EPA standards in effect as of November 1, 2016. If any activity on the <br />Property is subject to the rules or regulations of the TCEQ or EPA, no variances from or waivers <br />of TCEQ or EPA rules or regulations shall be permitted. <br />ARTICLE VI <br />WAIVER OF DEVELOPMENT STANDARDS <br />Section 6.01 Waiver of Development Standards. Pursuant to the City's authority under <br />section 2.4.5.1 of the City's Development Code and under Section 212.172 of the Texas Local <br />Government Code, the City hereby waives the following requirements of such Development Code <br />with respect to the Property or any portion of the Property, as applicable: <br />18 <br />065611.00495 309237v15 <br />