Res 2021-246 approving a Development Agreement with HK Baugh Ranch, LLC, HK Riley’s Pointe, LLC, and Benchmark Acquisitions, LLC, to regulate the annexation and future development of approximately 1,142 acres of land

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S A SUBDIVISIONS 1P I A M subdivision or development plat under Section 3.1.1.1 or a site 11. Complying with all requirements of the utility providers, development permit under Section 2.7.1.1. including the City. B. Deferral of Obligation. Once an obligation has been Section 3.5.2.2Water determined,the obligation to dedicate rights-of-way for or to construct one or more capital improvements to serve a new A. All lots,tracts or parcels on which development is proposed development may be deferred until approval of a subordinate shall be connected to a public water system which has development permit. capacity to provide water for domestic use and emergency purposes, including adequate fire protection. C. Responsibilities of the Developer.The following actions shall be demonstrated by the developer with regard to the provision B. Adequate water facilities shall be measured in accordance with of adequate public facilities related to the approval of a permit the current rules and regulations for public water systems of or application under Section 3.1.1.1 or Section 2.7.1.1. the TCEO, and the fire fighting standards of the Texas Board of Insurance,the standards of this Chapter 3 and the standards 1. Phasing of development or improvements in order to and specifications of the City in Chapter 86 of the City Code of ensure the provision of adequate public facilities; Ordinances. 2. Extensions of public facilities and roadways (including Section 3.5.2.3Wastewater any necessary on-site and off-site facilities)to connect to existing public facilities; A. All lots,tracts or parcels on which development is proposed shall be served by an approved means of wastewater collection 3. Improvements to existing facilities required to and treatment as determined by Chapter 86 of the City Code of accommodate increased traffic demand from proposed Ordinances. land uses; B. The adequate provision of wastewater services shall be 4. Providing and/or procuring all necessary property measured in accordance with this Chapter 3 and Chapter 86 of interests, including rights-of-way and easements,for the the City Code of Ordinances. facilities (whether on-site or off-site); Section 3.5.2.4Electric 5. Providing proof to the City of adequate public facilities; A. The installation of new electrical distribution infrastructure shall 6. Making provisions for future expansion of the public be installed underground in accordance with Chapter 86 of the facilities as needed to serve future developments, subject City Code of Ordinances. to the City's oversize participation policies, if applicable; Section 3.5.2.51light of Way 7. Making provisions for the dedication of public facilities identified in the Comprehensive Plan and other city master A. The City shall require dedication, construction or reservation of plans in accordance with Section 3.5.1.1; the right-of-way under Section 3.5.1.2 along a street,greenway or thoroughfare designated in the Comprehensive Plan, 8. Providing for all operations and maintenance of the public Transportation Master Plan,Thoroughfare Plan, Parks Master facilities,or providing proof that a separate entity will be Plan, Greenways Plan, Bicycle Plan,an approved regulating responsible for the operations and maintenance of the plan, or an established capital improvement project to protect a facilities; designated transportation corridor from development. 9. Providing all fiscal security required for the construction of 1. The Responsible Official shall determine the alignment of the public facilities; right-of-way based upon the applicable plan and additional construction criteria including grade, curvature,floodplain 10. Obtaining approvals from the applicable public and private or drainage, property ownership, connections to existing utility providers other than the City;and roads and infrastructure and other site constraints. Amended:September 1, 2020 San Marcos Development Code 3:21