m - City of New Braunfels

~ -,City of 

~~New Braunfels 

CITY OF NEW BRAUNFELS, TEXAS 

REGULAR CITY COUNCIL MEETING 

CITY HALL - COUNCIL CHAMBERS 

424 S. CASTELL AVENUE 

MONDAY, NOVEMBER 8, 2010 at 6:00P.M. 

R. Bruce Boyer, Mayor 

Richard Zapata, Councilmember (District 1) 

Mark Goodner, Councilmember (District 2) 

Mike Ybarra, Councilmember (District 3) 

Sandy Nolte, Councilmember (District 4) 

Kathleen Krueger, Mayor Pro Tern (District 5) 

Steven Digges, Councilmember (District 6) 

Michael Morrison, City Manager 

MISSION STATEMENT 

The City of New Braunfels will add value to our community 

by planning for the future, providing quality services, encouraging 

Community involvement and being responsive to those we serve. 

REVISED AGENDA 

CALL TO ORDER: 

CALL OF ROLL: 

NOVEMBER 8, 2010@ 6:00P.M. 

City Secretary 

PLEDGE OF ALLEGIANCEISALUT~ TO THE TEXAS FLAG 

INVOCATION: 

Councilmember Sandy Nolte 

PROCLAMATION: National Hospice Month Page 1 

SPECIAL PRESENTATION: 

Swearing In/Oath of Office Ceremony for Chief-of-Police 

Thomas V. Wibert 

REQUEST ALL PAGERS AND PHONES BE TURNED OFF, EXCEPT EMERGENCY ON 

CALL PERSONNEL. 

1. MINUTES 

Consider approving the minutes of the special and regular meetings of October 25, 

2010. 

(A. Smith, Interim City Secretary) Pages 5-14 

2. CITIZENS' COMMUNICATIONS 

This time is for citizens to address the City Council on issues and items of 

concern, not on this agenda. There will be no City Council action at this time. 

3. CONSENT AGENDA 

All items listed below are considered to be routine and non-controversial by the 

Council and will be approved by one motion .. There will be no separate discussion of

City Council Agenda 

November 8, 2010 

Page 2 of 5 

these items unless a councilmember or citizen so requests, in which case the item will 

be removed from the consent agenda and considered as part of the normal order of 

business. 

Resolutions & Action Items 

(A) Authorization for the City Manager to approve change order 2 to the contract with 

DNT Construction, LLC for construction services on Goodwin Lane as a part of 

the Goodwin Lane Improvements Project. 

( J. Klein, City Engineer) Pages 17-18 

(B) Approval of the Water and Wastewater Impact Fee Advisory Committee's 

recommendation concerning the semiannual water and wastewater impact fees 

report for the period of December 31, 2009 through June 30, 2010. 

(S. Mattingly, Planning and Community Development Director) Pages 19-21 

(C) 

REVISED ITEM: 

Approval of a contract with Alpha Building Corporation for the restroom 

renovation project at the Public Library and establishment of the FY 2010-11 

Budget for the Sissel Trust Fund. 

(M. Quinones, Purchasing Mgr. & G. Pruett, Library Director) Page 23 

(D) Approval of the purchase of commercial refuse containers for the Solid Waste 

Division from Wastequip through the Houston Galveston Area Council (HGAC) 

contract. 

(M. Quinones, Purchasing Mgr.) Page 25 

(E) 

Approval of the Community Development Block Grant ("CDBG") Program Year 

2011 One Year Action Plan. 


(F) Approval of a recommendation to deny the request by the New Braunfels Family 

YMCA for a crosswalk on Landa Street. 

(J. Klein, City Engineer) Page 31 

(G) Approval of a resolution recommended by the New Braunfels Industrial 

Development Corporation regarding funding of renovations to Hangar 2317 at the 

New Braunfels Municipal Airport in the amount of $169,101. 

(L. Llerena, Airport Director) Pages 33-35 

(H) Approval of a resolution approving a boundary agreement between the City of 

New Braunfels, City of Schertz, Dennis and Jeannine Engel, and David and 

Monika Engel. 

(S. Mattingly, Planning & Community Development Director) Pages 37-39

Ordinances 

(In accordance with Section 3.10 of the City's Charter, a descriptive 

caption of each ordinance shall be read on two separate days.) 




(I) Approval of the first reading of an ordinance amending Ordinance Number 75-10 

to approve the installation of stop signs on Kuehler Avenue at the entrance to 

Camp Comal and on Mission Hills Drive at Evergreen Lane. 

( J. Klein, City Engineer) Pages 41-4 7 

4. INDIVIDUAL ITEMS FOR CONSIDERATION 

(A) Discuss and consider the first reading of an ordinance amending Chapter 86, 

Section 86-2, 86-9, 86-91, 86-95, 86-96, 86-97, and 86-98 of the Code of 

Ordinances of the City of New Braunfels, Texas regarding park usage fees. 

(S. Laird Dicke, Parks and Recreation Director) Pages 49-58 

(B) Discuss and consider approval of a resolution adopting the 2010 Parks, 

Recreation, and Open Space Strategic Plan. 

(S. Laird Dicke, Parks and Recreation Director) Pages 59-61 

(C) 

. 

Public hearing and consideration a resolution amending the Hike/Bike Trail Plan 

in the Comprehensive Plan. 

(S. Mattingly, Planning & Community Development Director) Pages 63-94 

(D) Discuss and consider possible action regarding support of key components of the 

Edwards Aquifer Recovery Implementation Program. 

(N. Pence, Watershed Program Mgr.) Pages 95-104 

(E) Discuss and consider approving a contract to develop a regional transportation 

plan to support the creation of a Metropolitan Planning Organization (MPO). 


(F) 

(G) 

Public Hearing and consideration of the first reading of an ordinance rezoning 

47.97 acres located on the west side of Oak Run Parkway, approximately 2,000 

feet north of Loop 337, from "R-1A-8" Single Family District to "Enclave at 

Westpointe Village Planned Development District" with Concept Plan. 

(S. Mattingly, Planning and Community Development Director) Pages 107-1 42 

Public hearing and consideration of an ordinance granting a Special Use Permit 

for 7.602 acres out the A.M. Esnaurizar Survey, located on SH 46 South, 

adjacent to Stone Gate Subdivision, to allow a maximum density of 16 units per 

acre in an "R-3L" Multifamily Low Density District. 

(S. Mattingly, Planning & Community Development Director) Pages 143-1 72


November 8, 201 0 


(H) 

(I) 

Public hearing and consideration of an ordinance abandoning a portion of Dunlap 

Drive, located between Lake Front Avenue and Lake Dunlap. 

(S. Mattingly, Planning & Community Development Director) Pages 173- 197 

Public hearing and consideration of an ordinance rezoning Oak Run Subdivision, 

from "R-3" Multi-Family District, "C-1" Local Business District, and "C-3" General 

Business District to "R-1A-6.6" Single Family District. 


(J) Public hearing and consideration of an ordinance rezoning portions of the 500 and 

700 blocks of Hill Avenue, from "M-1" Light Industrial District to "SND-1" Special 

Neighborhood District. 

(S. Mattingly, Planning & Community Development Director) Pages 2 17-234 

(K) 

Public hearing and consider the first reading of an ordinance by the City Council 

of the City of New Braunfels, Texas enlarging the boundaries of Reinvestment 

Zone Number One, City of New Braunfels, Texas; amending the project plan and 

finance plan for the zone to reflect the increased boundaries; consenting to the 

amendment of an interlocal cooperative agreement between the City of New 

Braunfels, Texas and the New Braunfels Industrial Development Corporation to 

reflect the increased boundaries of the zone; and other matters in connection 

therewith. 

(M. Morrison, City Manager) Pages 235-268 

(L) Discuss and consider the first reading of an ordinance amending Chapter 106, 

Signs, of the Code of Ordinances, by amending Section 106-3 to define mobile 

billboards and amending off-premise sign definition to include mobile billboards, 

and amending Section 106-11 to prohibit mobile billboards. 


(M) Discuss and consider approval of a resolution authorizing the City Manager to 

execute an agreement between the City of New Braunfels and the State of Texas, 

represented by the Texas Department of Transportation, to accept funding 

available under the Aviation Capital Improvement Program for improvements to 

the New Braunfels Municipal Airport. 

(L. Llerena, Airport Director) Pages 275-278 

5. EXECUTIVE SESSIONS 

In accordance with Texas Government Code, Subchapter D, the City Council may 

convene in a closed session to discuss any of the following items; any final action or 

vote taken will be in public. 

(A) 

Deliberate and consider the purchase, exchange, lease or value of real 

property, in accordance with Section 551.072, of the Texas Government Code. 

(A. Wayland, City Attorney) Page 279




(B) 

Deliberate issues regarding economic development negotiations in accordance 

with Section 551 .087, of the Texas Government Code. 

(A. Wayland, City Attorney) Page 279 

(C) 

Deliberate pending/contemplated litigation, settlement offer(s), and matters 

concerning privileged and unprivileged client information deemed confidential 

by Rule 1.05 of the Texas Disciplinary Rules of Professional Conduct in 

accordance with Section 551.071, of the Texas Government Code. 

(A. Wayland, City Attorney) Page 279 

NOTE: The City Council reserves the right to retire into executive session concerning any of 

the items listed on this Agenda whenever it is considered necessary and legally justified 

under the Open Meetings Act (Chapter 551 of the Texas Government Code). 

ADJOURNMENT 

CERTIFICATION 

I hereby certify the above Notice of Meeting was posted on the Bulletin Board at the New 

Braunfels Municipal Buildin ber 28, 2010 at 1:00 p.m.

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Qtitp of ~ew T/iraunfels 

Proclan1ation 

THE STATE OF TEXAS § 

COUNTY OF COMAL § 

CITY OF NEW BRAUNFELS § 

WHEREAS, hospice care provides patients and families the highest quality pain 

management and symptom control, caregiver training and assistance, and emotional and 

spiritual support, most often delivered in the home, allowing patients to live fully up until 

the final moments, surrounded and supported by loved ones. friends, and committed 

caregivers; and 

WHEREAS, in 2008, 1.45 million Americans living with life-limiting illness, and 

their families, received care from the 4,850 hospice and palliative care programs in 

communities throughout the United States; and 

WHEREAS, professional and compassionate hospice staff and trained 

volunteers-including physicians, nurses, social workers, therapists, counselors health 

aides, and clergy - provide comprehensive care making the wishes of each patient a 

priority; and 

WHEREAS, providing high quality hospice care reaffirms our belief in the essential 

dignity of each person, regardless of age, health, or social status, and that every stage of 

human life deserves to be treated with the utmost respect and care. 

NOW THEREFORE, I, R. BRUCE BOYER, by virtue of the power vested in me as 

Mayor of the City of New Braunfels, Texas, and on behalf of our governing body and all 

the citizens do hereby proclaim November, 2010 as 

"NATIONAL HOSPICE MONTH" 

and encourage citizens to increase their awareness of the importance and availability of 

hospice services and to observe this month with appropriate activities and programs. 

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of 

the City of New Braunfels to be affixed this the 8 1 h day of November, 2010. 

CITY OF NEW BRAUNFELS 

R. BRUCE BOYER, Mayor

3 

In the name and by the authority of 

The State of Texas 

OATH OF OFFICE 

I, Thomas Vern Wibert, do solemnly swear (or affirm), that I will faithfully 

execute the duties required of the Chief-of-Police for the City of New Braunfels. 

Texas and will to the best of my ability preserve, protect, and defend the 

Constitution and laws of the United States and of this State, so help me God. 

Thomas Vern Wibert 

Affiant 

SWORN TO and subscribed before me by affiant on this 8th day of November, 

2010. 

Signature of Person Administering Oath 

(Seal) 

Notary Public

5 

MINUTES 

SPECIAL CITY COUNCIL MEETING 

OCTOBER 25, 2010 

The City Council of the City of New Braunfels, Texas, met in Special Session on 

October 25, 2010. 

City Councilmembers present were: Mayor Bruce Boyer, presiding; Mayor 

Pro-tem Kathleen Krueger and Councilmembers Richard Zapata, Mark Goodner, Mike 

Ybarra, Sandy Nolte, and Steven Digges. 

City Staff present were: City Manager Michael E. Morrison and Interim City 

Secretary Ann Smith. 

The meeting was called to order by Mayor Boyer in the New Braunfels Municipal 

Building Council Chambers at 5:32 p.m. All Councilmembers were present. 

Interview applicants for terms on the New Braunfels Utilities Board of Trustees: 

Mayor Boyer read the above and foregoing caption and announced that the interviews 

would take place in Conference Room B. 

Councilmembers interviewed the following applicants for a term ending October 

31, 2015 on the New Braunfels Utilities Board of Trustees: 

• Susie Barrett, 1033 Gruene Road 

• Atanacio Campos, 129 Lakeway Blvd. 

Adjournment: This Special meeting adjourned at 6:00 p.m. 

Date Approved: November 8, 2010 

By: 

R. BRUCE BOYER, MAYOR 

Attest: 

ANN SMITH 

INTERIM CITY SECRETARY 

October 25, 2010 New Braunfels Special City Council Meeting 1

7 

MINUTES 

REGULAR CITY COUNCIL MEETING 

OCTOBER 25, 2010 

The City Council of the City of New Braunfels, Texas, met in Regular Session on October 

25, 2010. 

City Councilmembers present were: Mayor Bruce Boyer, presiding; Mayor Pro 

Tern Kathleen Krueger, and Councilmembers Richard Zapata, Mark Goodner, Steven 

Digges, Sandy Nolte, and Mike Ybarra. 

City Staff present was: City Manager Michael E. Morrison, City Attorney Alan 

Wayland, Interim City Secretary Ann Smith, Planning and Community Development 

Director Shannon Mattingly, Parks and Recreation Director Stacey Laird Dicke, Support 

Services Director Debi Korinchock, City Engineer Jim Klein, Fire Chief John Robinson, 

Fire Marshall Patrick O'Connell, and Public Works Director Steven Ramsey. 

The meeting was called to order by Mayor Boyer in the New Braunfels Municipal 

Building City Council Chambers at 6:06 p.m. Mayor Boyer led the Pledge of Allegiance 

and the Salute to the Texas Flag and Councilmember Ybarra gave the invocation. 

Proclamation Mayor Boyer read and presented proclamations for the Braunfels-New 

Braunfels Sister Cities Week and Human Trafficking. 

Minutes Consider approving the minutes of the Special Meetings of October 4, 2010 

and October 11, 2010, and the Regular Meeting of October 11, 2010. 

Councilmember Digges moved to approve the minutes as written. Councilmember 

Nolte seconded the motion which was unanimously approved by City Council. 

Citizens' Communications 

Members of the Wurstfest Association gave a formal invitation to attend this year's 

celebration and presented Council with welcome kits. 

Presentations 

Plaques were presented to Cammie Williams as the 2010 New Braunfels Female 

Athlete of the Year and Bryce Carter for the 2010 New Braunfels Male Athlete of the 

Year. 

Marian Benson, Chairman of the Downtown Development Board gave a summary 

of projects that the board was working on . 

October 25, 2010 New Braunfels Regular City Council Meeting

8 

Consent Agenda 

Mayor Boyer read Consent Agenda items (A-V) as listed below. Mayor Boyer read 

Consent Agenda items (A-V) as listed below. Councilmember Ybarra recused himself 

from Item 3E. Councilmember Digges requested that Item 3Q be pulled for discussion 

and Mayor Boyer pulled item 3E for clarification. Councilmember Digges moved to 

approve the Consent Agenda with the exception of Items 3E and 3Q. Councilmember 

Nolte seconded the motion. Voting "Aye": Councilmembers Zapata, Goodner, Nolte, 

Diggs, Ybarra, Mayor Pro Tern Krueger, and Mayor Boyer. 

(A) Approval of a Resolution authorizing the City Manager to accept a FY-201 0 

Homeland Security Grant in the amount of $130,670 from the Texas Division 

of Emergency Management, Department of Public Safety. 

RESOLUTION # R-49 

(B) 

Approval of the renewal of the annual contract with Ameripride Linen & 

Apparel Services for uniform services. 

(C) Approval of the renewal of the annual contract with Matera Paper Company 

for janitorial supplies. 

(D) Approval of the renewal of the annual contract with Verizon Wireless for air 

cards for MDT units. 

(F) 

Appointment of Robert Gray, J. Wesley Stamps, and Jennifer Malatek to the 

New Braunfels Industrial Development Corporation Board of Directors for 

terms ending October 9, 2012. 

(G) Approval of the recommendation of the New Braunfels Public Library 

Advisory Board regarding amendment to the plan of action for the Loan Star 

Libraries Grant Award to the New Braunfels Public Library. 

(H) Approval of year-end budget transfers for FY 2009-10 in the General Fund 

and a budget adjustment in the 2011 Certificates of Obligation Capital 

Improvement Fund for FY 2010-11. 

(/) Approval of the appointment of Mary Ann Carter to the Building Standards 

Commission for a term ending October 26, 2012, and the appointment of 

Susie Barrett to the Building Standards Commission as an alternate member 

for a term ending October 26, 2012. 

(J) 

Approval of the appointment of Terry Hike/ to the Construction Board of 

Appeals as an alternate member for a term ending February 24, 2013. 

October 25, 2010 New Braunfels Regular City Council Meeting 2

9 

(K) 

Approval of the appointment of Nancy Ford to the Heritage Commission for an 

unexpired term ending March 11, 2013. 

(L) Approval of a resolution authorizing the signing of the Official Sister City 

Agreement between the City of New Braunfels, Texas and Braunfels, 

Germany. 

RESOLUTION# 2010-R51 

Ordinances 

(In accordance with Section 3.10 of the City's Charter, a descriptive 

caption of each ordinance shall be read on two separate days.) 

(M) Approval of the second and final reading of an ordinance amending Ordinance 

No. 75-10 dated April 28, 1975 to approve installation of the traffic control 

devices (stop signs) on Avery Parkway at Dorman Drive. 

ORDINANCE NO. 2010-70 

(N) Approval of the second and final reading of an ordinance amending 

Ordinance No. 75-10 dated April 28, 1975 to approve installation of the traffic 

control devices associated with the Walnut Street widening project (stop 

signs) at the following locations: 

• NW & SE corners of W Col/ Street at S. Sycamore A venue 

• SE corner of N. Sycamore Avenue at W. Bridge Street 

• SW & NE corners of W Bridge Street at N. Sycamore Avenue 

• SW & NE corners of W Mill Street at N. Hickory Avenue 


(0) Approval of the second and final reading of an Ordinance granting to 

Centerpoint Energy Resources Corp., DBA Centerpoint Energy Texas Gas 

Operations, the right, privilege and franchise to construct, install, extend, 

remove, replace, abandon, operate and maintain its facilities with the public 

rights-of-way of the City of New Braunfels, Texas for the transportation, 

delivery, sale, and distribution of natural gas; containing other provisions 

relating to the foregoing subject; providing for severability and providing an 

effective date. 


(P) 

Approval of the second and final reading of an ordinance amending the Code 

of Ordinances by modifying Section 126-136 to establish a school speed zone 

on IH 35 Business and designate specific times. 



HI 

(R) 

Approval of the second and final reading of an ordinance to amend Chapter 

14, Building and Building Regulations, Article II, Sec. 14-27 (u) Table 1019.2 

of the New Braunfels Code of Ordinances, and declaring an effective date. 


(S) Approval of the second and final reading of an ordinance to amend the 2006 

International Plumbing Code, Section 410.1 Drinking Fountains, of the New 

Braunfels Code of Ordinances and declaring an effective date. 


(T) 

Approval of the second and final reading of an ordinance granting a tax relief 

to the owner of the designated landmark located at 148 Ferguson Avenue, 

known as the Beinhauer-Forres House. 


(U) 

(V) 

Approval of the second and final reading of an ordinance to amend Chapter 

54, Fire Prevention and Protection; Emergency Medical Services, Article Ill, 

Sec. 54-87, Fire prevention and protection fees, of the New Braunfels Code 

of Ordinances. 


Approval of the second and final reading of an ordinance to repeal Chapter 

54, Fire Prevention and Protection; Emergency Medical Services, Article Ill, 

Sec. 54-86, International Fire Code; and amendments, in its entirety and 

adopting a new Sec. 54-86 International Fire Code; and amendments of the 

New Braunfels Code of Ordinances. 


(E) 

Approval of the renewal of the annual contract with Texas Fleet Fuel for City 

wide fuel services. 

Mayor Boyer questioned if the contract allowed for local stations. Purchasing 

Manager Mary Quinones noted that twenty-one local stations accepted the Texas Fleet 

Fuel. Councilmember Digges moved to approve the contract. Mayor ProTem Krueger 

seconded the motion. Vote was unanimous. 

(Q) 

Approval of the second and final reading of an ordinance of the City of New 

Braunfels, Texas, amending Chapter 14 "Building and Building Regulations", 

Article IV. "Plumbing Code," by amending Section 14-92 "Regulation and 

Insurance, Quality of Work;" providing a severability clause; providing a 

savings clause; and declaring an effective date. 


11 


Councilmember Digges questioned the refunding of last year's licensing fees 

charged by the City. Councilmember Digges motioned to approve the second and final 

reading. Councilmember Zapata seconded the motion. Vote was unanimous. 

4. INDIVIDUAL ITEMS FOR CONSIDERATION 

(A) Discuss and consider the appointment of one member to the New Braunfels 

Utilities Board of Directors for a term ending October 31, 2015. 

Mayor Boyer read the above and foregoing caption and noted that two applications 

had met the requirements for serving on the New Braunfels Utilities Board of Directors. 

The following table denotes the tally from the vote: 

Susie Barrett 

Atanacio Campos 

Councilmember Zapata 

Councilmember Goodner 

Councilmember Ybarra 

Councilmember Nolte 

Mayor Pro Tem Krueger 

Councilmember Digges 

Mayor Boyer 

X 

X 

X 

X 

X 

X 

X 

Mayor Boyer announced that Atanacio Campos would be re-appointed to a new 

term ending October 31, 2015. Mayor Boyer thanked Susie Barrett for her interest in 

serving. 

(B) 

Discuss and consider the appointment of two members to the Parks and 

Recreation Advisory Board for terms ending October 13, 2013. 

Mayor Boyer read the above and foregoing caption and noted that eight 

applications had met the requirements for serving on the Parks and Recreation Advisory 

Board. 


Councilmembers Amber Courtney Buddy Christa David Michelle John Kristen 

Briggs Lyons- Watson Lovett Payson Thomas Mathis Anderson 

Garcia 

Zapata X X 

Goodner X X 

Ybarra X X 

Nolte X X 

Digges X X 

Mayor Pro Tem 

Krueger 

X X 

Mayor Boyer X X 


12 

TOTAL: 1 1 6 6 

Mayor Boyer announced that Michelle Thomas and John Mathis would be appointed 

the Parks and Recreation Advisory Board for terms ending October 13, 2013. 

(C) Discuss and consider the appointment of one alternate member to the Zoning 

Board of Adjustments for unexpired term ending May 31, 2012. 

Mayor Boyer read the above and foregoing caption and noted that two applications 

had met the requirements for serving on the Zoning Board of Adjustments. 


Amber Briggs 

Susie Barrett 

Councilmember Zapata 

Councilmember Goodner 

Councilmember Ybarra 

Councilmember Nolte 

Mayor Pro Tern Krueger 

Councilmember Digges 

Mayor Boyer 

X 

X 

X 

X 

X 

X 

X 

TOTALS: 3 4 

Mayor Boyer announced that Susie Barrett was appointed to the Zoning Board of 

Adjustments, as an alternate, for a term ending May 31, 2012. Mayor Boyer thanked 

Amber Briggs for her interest in serving. 

(D) 

Public Hearing and consider approval of the first reading of an ordinance 

rezoning 47.97 acres located on the west side of Oak Run Parkway, 

approximately 2,000 feet north of Loop 337, from "R-1A-8(r83)" Single 

Family District with Restrictions to "Enclave at Westpointe Village Planned 

Development District" with Concept Plan. 

This item was pulled from the agenda at the request of the applicant. No action 

was taken. 

(E) Discuss and consider an appeal to the non-residential and multi-family design 

standards exterior building materials requirement for a proposed commercial 

building to be located at 241 Hunter's Village. 

Mayor Pro Tem Krueger motioned to approve the request. Councilmember Nolte 

seconded the motion. Councilmembers Ybarra and Digges recused themselves from the 

discussion and action. Vote was 5-0. 


13 

(F) Approval of the second and final reading of an ordinance amending Section 

5.16, Short Term Rental or Occupancy in one and two unit dwellings, Chapter 

144, Zoning Ordinance. 


Planning and Community Development Director Shannon Mattingly presented the 

revised ordinance prohibiting short term rentals locating within single family 

neighborhoods. The prohibited zoning areas in single family and two family districts 

would include the following: R-1, R-2, ZH , R-1A-12, R-1A-8, R-1A-6.6, ZHA, R-2A and 

SND-1 . 

Some twenty citizens voiced pros and cons on the prohibition of short term rentals in 

R-1 and R-2 neighborhoods. 

Each Councilmember voices their personal thoughts on the banning of short-term 

rentals; however, it was the conclusion that what is best for the community, protecting the 

residential neighborhoods, and protection of property rights. Mayor Boyer requested that 

the staff bring the current moratorium issue back to Council in the near future. 

Mayor Pro Tern Krueger moved to approve the second and final reading of the 

ordinance. Councilmember Zapata seconded the motion. Mayor Boyer called for a roll 

call vote. "Aye's": Councilmember Zapata, Goodner, Ybarra, Nolte, Digges, Mayor Pro 

Tern Krueger and Mayor Boyer. Vote was unanimous. 

(G) Discuss and consider approval authorization the City Manager to enter into a 

contract with Halff Associates for additional services for design of South 

Tributary Trail Amenities. 

Councilmember Zapata moved to authorize the City Manager to enter into a contract 

change order in the amount of $9,400 for the design of a small parking lot at County Line 

Road and FM1044. Councilmember Goodner seconded the motion. Vote was 

unanimous. 

(H) 

Discuss and consider approving a contract to develop standards for a 

federally mandated storm water quality program and to review and potentially 

amend the existing drainage criteria. 

City Manager Mike Morrison introduced representatives from Design Workshop 

and Lockwood, Andrews and Newnam Engineering to give an overview of the federally 

mandated storm water quality standards that will be imposed on the City of New 

Braunfels as the population exceeds 50,000 citizens. The contract will include review of 

our existing criteria and recommendations for improvements to meet MSR and Drainage 

requirements. 


14 

Councilmember Digges moved to authorize the City Manager to enter into a 

contract, not to exceed $250,000, with Design Workshop and Lockwood, Andrews and 

Newnam Engineering. Councilmember Goodner seconded the motion. Vote was 

unanimous. 

5. EXECUTIVE SESSIONS Mayor Boyer read the captions for Items A through C 

and announced that the Council would convene in executive session at 9:18 

p.m. 

(A) 

(B) 

(C) 

Deliberate and consider the purchase, exchange, lease or value of real 

property, in accordance with Section 551.072 of the Texas Government 

Code. 

Deliberate issues regarding economic development negotiations in 

accordance with Section 551 .087, of the Texas Government Code. 

Deliberate pending/contemplated litigation, settlement offer(s), and matters 

concerning privileged and unprivileged client information deemed 

confidential by Rule 1.05 of the Texas Disciplinary Rules of Professional 

Conduct in accordance with Section 551.071, of the Texas Government 

Code. 

The City Council reconvened in open session at 9:27 p.m. Mayor Boyer 

announced that no action would be taken on the items discussed in executive session. 

Adjournment: This regular meeting adjourned at 9:28 p.m . 

Date Approved: November 8, 2010 

By: 

Attest: 


ANN SMITH, 

INTERIM CITY SECRETARY 


15 

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City Council Agenda Item Report 


Agenda Item No. 2 

Presenter/Contact - Mayor Boyer 

SUBJECT: CITIZENS' COMMUNICATIONS 

BACKGROUND/RATIONALE: 

This time is for citizens to address the City Council on issues and items of concern, not on this 

agenda. There will be no City Council action at this time. 

ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: 

FISCAL IMPACT: 

N/A 

I City Plan/Council 

Priority: 

BOARD/COMMISSION RECOMMENDATION: 

N/A 

STAFF RECOMMENDATION: 

N/A

16 

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Agenda Item No. 3A 

Presenter/Contact- Jim Klein, City Engineer 

(830) 221-4020 - jklein@nbtexas.org 

SUBJECT: 

Authorization for the City Manager to approve change order 2 to the contract with 

DNT Construction, LLC for construction services on Goodwin Lane as part of the 

Goodwin Lane Improvements Project. 

8ACKGROUND/RA TIONALE: 

The Goodwin Lane Improvements Project consists of demolition and reconstruction of Goodwin 

Lane from FM306 to approximately 3,140 feet to the north. Construction includes demolition, 

utility improvements, drainage, grading and paving improvements. The contract with DNT 

Construction, LLC for construction was approved by City Council on April 26, 2010 at a cost of 

$962,763.95. 

Conflicts in the water and sewer lines were discovered in the field and require additional 

materials. The change order amounts to $15,963.10 and includes the re-routing of a waterline. 

The attached is a detailed breakdown of the change order items as provided by DNT 

Construction, LLC. 

ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY' . 

N/A 

City Council Strategic Priorities - Objective 

City Plan/Council 

X Yes 3: Implement ongoing program of 

Priority: 

infrastructure construction and maintenance 


On April 15, 2010, the New Braunfels Industrial Development Corporation (NBIDC) approved 

funding this project in an amount not to exceed $1 ,119,000. When council approved award of 

construction on this project, a project budget of $1 ,059,038.95 was established. This amount fully 

funds the project and funding for this change order. 


N/A 


Authorization for the City Manager to approve change order 2 to the contract with DNT 

Construction, LLC for construction services on Goodwin Lane as part of the Goodwin Lane 

Improvements Project. 

Page 1 of 1

18 

~J cttyof Construction Change Order 

··· New Braunfels 

::;.---- 

"" 

- 

ProJect: Goodwn Lane Improvements Change Order No, 2 

Conmctor: DNT ConstnJctloo u.c Date• October 14, 2010 

Address: 18952 Rldland Rd. san Antonio Texas 78259 

In accordance willl 11\e lorms of 11\e C>wner.Q>ntractor Agr1!0men~ dalod April 27, 2010, between the uty of New Braunfels, OWNER, and DNT ConstnJcllon UC, COOTRACTOR, 

CONTRACTOR Is herertr1 dlr«ttd to make add~ or altmllolls In the Worl< w1UI cklails and costs as described below. Any compensallon paid In conjund!on will! the ltrms of lhls Cha119er 

Order shall comprise totll yrnont for 11\e Worlto!Chi"'lt plus oil payment for 11\e lnterrupllon of Schedules, Slop Work Onlers, Eldtnded Overhead, Delay, 0< any olher l11'9'ct, claim 

or ripple elrKt, and by signing spedftcaUy waiYors any Reservallon or Claim for Addlllonil Compensotlon with respect to the Subject of this Cho1190 Order. EXcept as modllled by Cha119e 

Order, aU work performed under lhis Change OrdershaR be complelod In accordance wah the Contract Documents. 

10/25/2010 

PURPOSE FOR THIS CHANGE ORDER: 

Re-route waterline around the proposed box advert due to the depth of the existing waterline. lower existing waterline under the proposed wastewater 

service at Northgate Ortle 

Jtem No. I I I I Original I R.eva.ed 

Description Unit Unit Price Contract 

Quantity 

Ouanlltv 

1 Re-route Waterline at Box Culvert . 

Material IS 3,660.60 . 1.00 

Labor & Equipment IS 3,446.74 . 1.00 

Bond LS 175.66 1.00 

Mobilization EA 1,500.00 . 1.00 

2 

Lower Waterline under Wastewater Service at 

Northgate Clrde 

Material IS 2,739.50 . 1.00 

Labor & Equipment IS 2,538.18 . 1.00 

Traffic Control EA 259.00 . 1.00 

Bond IS 143.42 . 1.00 

Mobilization EA 1,500.00 . 1.00 

I Changeln I Changeln 

Con Inlet Price Contnc:t lime 

$3,660.60 

$3,446.74 

$175.66 

$1,500.00 

$2,739.50 

$2,538.18 

$259.00 

$143.42 

$1,500.00 

2.00 

2.00 

TOTAL· THIS CHANGE ORDER 

$15,963.10 

4 

ORIGINAL CONTRACT AMOUNT: $967,863.95 

Previous Change Orders $58,330.10 

Amount of This Change Order $15,963.10 

TOTAL OF AU. CHANGE ORD ERS $74,293.20 

REVISED CONTRACT AMOUNT: $1,042,157,15 

ORIGINAL CONTRACT TIME: 0 Days 

Previous Change Orders 6 Days 

This Change Order 4 Days 

TOTAL OF ALL CHANGE ORDERS 10 Days 

REVISED CONTRACT TIME: 10 Days 

ORIGINAL CONTRACf {FINAL)(SUBSTPMlAL) COMPlETION DATE: A[!rll9, 2011 

REVISED {FINAL)(SUBSTAHTIAL) COMPLETION DATE: April19, 2011 

RECOMMENDED AND APPROVED: 

~I 10/25/2010 

.. 

New Braunfels Utilities 

ConAJJl 

Date 

'rf'T 

Design ~fl9\'leer 

:r---..... 

1~!2r~ 

Date 

Support ServiCES Director 

Date 

Date 

Project Manager 

Date 

City Couno1 Appro~~al Date: 

Department Director 

Date 

City Manager 

Date 

P.O. BOJC ) 11747 

Ntw Btaunfeb. Texas 7811 1-I H 7 

Td 830.221.1020 

FD 830.609.2 109 

v.vtw.l'lbteu s.org 

424 S CasteH Avenue 

Nf!W Br•unfels. Tuas 78130

,...,City of 


19 



Agenda Item No. 3Jf 

Presenter/Contact- Shannon Mattingly, Planning Director 

(830) 221-4055 - smattingly@nbtexas.org 

sueJEcr: 

Approval of the Water and Wastewater Impact Fee Advisory Committee's 

recommendation concerning the semiannual water and wastewater impact 

fees report for the period of December 31, 2009 through June 30, 2010. 


Chapter 395 of the Texas Local Government Code requires a report showing impact 

fee collection activity to be filed semiannually with the Impact Fee Advisory Committee 

who then forwards such report to City Council. On October 12, 2010, Rick Tobias, 

representing New Braunfels Utilities, presented the attached report to the (Water and 

Wastewater) Impact Fee Advisory Committee. 



Priority: 


N/A. 


On October 12, 2010, the Water and Wastewater Impact Fee Advisory Committee 

unanimously recommended that the City Council accept the report. 


Staff recommends approval. 

U:\Pianning\CCagenda\lmpact Fee Report\2010\lmpact Fee Report W-WW 1-1-10 to 6-30-10.doc 


20 

September 13, 2010 


.- 

Ms. Shannon Mattingly, AICP 

Director of Planning and Community Development 

City of New Braunfels 

424 South Castell Ave 

New Braunfels, TX 78131 

Re: New Braunfels Utilities Impact Fee Advisory Committee Report for the period of December 31, 

2009 through June 30, 201 0 

Dear Ms. Mattingly: 

According to Chapter 395 of the State Government Code a report should be filed semiannually with the 

New Braunfels Impact Fee Advisory Committee ("Advisory Committee") that was established to advise 

the New Braunfels City Council on the Impact Fee program. Pursuant to this report filing requirement, 

this is New Braunfels Utilities report submission to the Advisory Committee for the City of New Braunfels. 

Impact Fee balances and activity for the six months ended June 30, 2010 were as follows: 

Water Sewer Total 

Impact Fee Balance at 12/31/09 $ 1,890,430.09 $7,304,815.61 $ 9, 195,245.70 

(Includes net interest income since 

inception) 

Impact Fee Activity for the period 01101110- 06130110: 

~mpact ·Fees Collected 264,130.80 338,331.40 602,462.20 

Net Interest Received 4,258.22 20,515.70 24,773.92 

Less: Impact Fee Expenditures (79,878.99) (89,329.48) (169,208.47) 

Net change in Impact Fee Balance 188,510.03 269,517.62 458,027.65 

Impact Fee Balance at 6/30/10 $ 2,078,940.12 $ 7,574,333.23 $ 9,653,273.35 

The Capital Improvements Plan (CIP) for the new Impact Fees does not include funding for any water line 

extension in the system or for any sewer main extensions 12 inches or less in diameter. Costs for line 

extensions in the system are expected to be paid for directly by the developments requiring the 

New Braunfels Utilities. 263 E. Main Plaza · P.O. Box 310289 • New Braunfels, Texas 78131-0289 

Bus: 830-629-8400 · Metro: 830-606-2074 ·Fax: 830-629-2119

21 

extensions. The infrastructure improvements included in the CIP were limited to sewer trunk mains 

greater than 12 inches in diameter, centralized facilities such as expansion to water and wastewater 

treatment plants, elevated storage tanks, booster stations, and lift stations. 

If there are any questions regarding this report please do not hesitate to call me at 830-629-8463. 

Sincerely, 

Rick Tobias 

Chief Financial Officer 


copy: 

Roger R. Biggers, P.E., Executive Director of Water Services, NBU



Agenda Item No. 3-C 

Presenter/Contact- Mary Quinones, Purchasing Manager 

(830) 221-4389- mquinones@nbtexas.org 

SUBJECT: Approval of a contract with Alpha Building Corporation for the restroom renovation 

project at the Public Library and establishment of the FY 2010-11 Budget for the Sissel 

Trust Fund 


An invitation for bid was released by the City on September 21 , 2010 for a restroom renovation 

project at the New Braunfels Public Library. A pre-bid conference was held on October 6, 2010 

and bids were opened on October 19, 2010. The bid was sent to vendors through the bid website 

and/or picked up at the City Secretary's Office. 

Fifteen bids were received for this project. Alpha Building Corporation out of San Antonio, Texas 

was the low bid and references were checked to ensure this company has satisfactorily 

completed this type of work. Alpha Building Corporation bid $45,758.04 for the contract. The 

City has an estimated cost from a contractor of $100,000. The bid process resulted in a 

significantly lower cost to the City. 

The Sissel Trust Fund was established in 1985 at the death of Alys R. Sissel and is held by a 

private trustee (JP Morgan Chase). The interest from the trust is for use by the New Braunfels 

Public Library and is restricted to capital repairs or improvements. The budget for these funds 

was not established in the FY 2010-11 Adopted Budget, and is therefore established with this 

action. The budget is recommended to be $75,000 in capital expenses. 


X 

N/A 

Yes 


Priority: 

Strategic Priorities: Quality of Life- Ensure 

expanded age-appropriate recreational , 

literacy and enrichment opportunities 


The funding for this project will come from the Sissel Trust Fund. The budget for the fund is 

recommended to be established as follows: 

Sissel Trust Fund 

Revenue: Interest Income 

Capital Expneses 

$75,000 

$75,000 

Page 1 of2

.· "24 

With this budget, $75,000 is available for projects in this fund . Therefore, sufficient funds are 

available for this $45,758 contract. The Sissel Trust Fund allows the City Council to spend the 

investment pro_ceeds but not the principal of the original endowment. The trust parameters - 

require Council approval before any funds can be expended. The funds are currently held by 

JPMorgan Chase, the designated trustee. 


A recommendation to expend up to $70,000 from the Sissel Trust for the library restroom 

renovation project was approved unanimously by the Library Advisory Board at the October 18, 

2010 meeting. 

STAFF RECOMMENDATION : 

Approval of a contract with Alpha Building Corporation for the restroom renovation project at the 

Public Library and establishment of the FY 2010-11 Budget for the Sissel Trust Fund 


25 




Presenter/Contact- Mary Quinones 

(830) 221-4389 - mquinones@nbtexas.org 

SUBJECT: 

Approval of the purchase of commercial refuse containers for the Solid Waste 

Division from Wastequip through the Houston Galveston Area Council (HGAC) 

contract. 


The Public Works Department has included funding for the replacement of aging commercial 

refuse containers in their Solid Waste Fund budget for FY 2010-11. These containers will be 

distributed by the Solid Waste Division to commercial customers to facilitate collection processes. 

Staff anticipates purchasing approximately 170 containers ranging in size from 3 to 1 0 yards. 

These are being purchased through a Houston Galveston Area Council (HGAC) contract with 

Wastequip. The price for these 170 containers is $93,154.67. 


N/A 

-1 Yes 

Strategic Priorities: Infrastructure - Develop 

operating and capital plans considering 


community input and realistic population and 

Priority: 

revenue projections 


The FY 2010-11 Adopted Budget for the Solid Waste Fund includes a budget allocation of 

$130,000 for the purchase of commercial refuse containers. Therefore, sufficient funds are 

available for this $93,155 purchase. 


None 


Approval of the purchase of commercial refuse containers for the Solid Waste Division from 

Wastequip through the Houston Galveston Area Council (HGAC) contract. 


26 

f 

\

,.., City of 


?7 



Agenda Item No. __;;3.;.....;;£;......_ __ 



SuBJECT: 

Approval of the Community Development Block Grant ("CDBG") Program Year 

2011 One-Year Action Plan. 


The Consolidated Plan is for Program Year 2011 's One Year Action Plan which is an indepth 

description of the proposed expenditures utilizing CDBG funds received from 

HUD. 

The City Council meeting on October 11 , 2010, served as the second Public Hearing for 

Citizen's Comments on Community Development Block grant funding for Program Year 

2011 . It is anticipated that the City will receive approximately $377,823 in CDBG 

funding to provide services to low- and moderate-income residents of the City of New 

Braunfels. 


N/A 

--./ Yes 


Priority: 

Strategic Priorities: Growth and development. 

Comprehensive Plan: Affordable housing, 

recreational facilities, historic preservation, 

education and youth. 


The following budget is being recommended: 

TOTAL GRANT: 

LESS 20% ADMINISTRATION 

LESS 15% PUBLIC SERVICE 

PROJECTS 

AVAILABLE FOR PUBLIC 

FACILITY 

PROJECTS 

$377,823 

-$75,565 

-$56,673 

$245,485 


PUBLIC FACILITY PROJECTS: Available Fundinc: $245 485 

Project 

Amt. Recommended 

Habitat for Humanity $47,500 

Senior Citizen's Minor Home Repair $100,000 

Program 

Facade Improvements $50,000 

City of NB Minor Home Repair $40,000 

Program 

TOTAL: $237,500 

PUBLIC SERVICE PROJECTS: Available Fundim : $56 673 

Project 

Amt. Recommended 

Communities in Schools $5,000 

Big Brother/Big Sisters of So. Texas $5,000 

Children's Advocacy Center $10,000 

Senior Citizen's Center-My Friend's $5,000 

Haus 

Ravenstar (Outdoor Classrooms) $10,000 

CASA (Court Advocacy) $5,000 

SART Foundation $5,000 

Senior Citizen's Center- Meals on $11,673 

Wheels 

TOTAL: $56,673 

These funds constitute a grant to the City from HUD, and there is no matching requirement. 


The Community Development Advisory Committee has recommended approval of the One Year 

Action Plan for Program Year 2011 . 



U:\CDBG\PY 2011\1 0.11 .1 0 action plan agenda report.docx 


29 

RESOLUTION NO. ___ _ 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEW 

BRAUNFELS, TEXAS, AUTHORIZING THE CITY MANAGER TO 

SUBMIT TO THE DEPARTMENT OF HOUSING AND URBAN 

DEVELOPMENT THE CITY'S ANNUAL ACTION PLAN FOR 

COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM YEAR 2011 

AND AMENDMENTS THERETO, AND ALL UNDERSTANDINGS AND 

ASSURANCES CONTAINED THEREIN, AND DIRECTING AND 

AUTHORITIZNG THE CITY MANAGER TO ACT IN CONNECTION WITH 

THE SUBMISSION OF THE CONSOLIDATED PLAN AND STRATEGY 

AND ANNUAL ACTION PLAN FOR PROGRAM YEAR 2011 AND TO 

PROVIDE SUCH ADDITIONAL INFORMATION AS MAY BE 

REQUIRED, AND AUTHORIZING THE CITY MANAGER TO ACT IN 

CONNECTION WITH THE IMPLEMENTATION OF THE ACTIVITIES 

CONTAINED THEREIN. 

WHEREAS, the City of New Braunfels expects to receive from the Department of 

Housing and Urban Development ("HUD") an allocation to the City in the amount of 

$377,823 in Community Development Block Grant ("CDBG") funds for Program Year 

2011;and 

WHEREAS, the City of New Braunfels intends to distribute its CDBG allocation 

according to the following priorities in order to address the community objectives set out 

in its' Consolidated Plan and Strategy for Program Years 2010-2014: 

• To aggressively promote existing youth-oriented programs, recruit new programs 

and assist and encourage the development of after-school and weekend 

programs. 

• To support educational opportunities and increase training programs including 

community colleges or technical schools. 

• To preserve and rehabilitate the city's existing housing stock, primarily for 

extremely low-, very low-, and low-income families (0-80% of median income). 

• To preserve, provide and improve social services for residents with special 

needs, particularly the elderly, frail, the physically disabled, and children who are 

troubled or at risk of inadequate housing.

30 

• To expand economic opportunities in the community, particularly for lower 

income residents. 

• To improve neighborhood environment and facilities used for community services 

and activities, such as parks and community centers. 

• To support historic preservation initiatives. 

NOW, THEREFORE, BE IT RESOVED BY THE CITY COUNCIL OF THE CITY 

OF NEW BRAUNFELS, TEXAS; 

That the City of New Braunfels, Texas hereby directs the City Manager to submit 

the Annual Action Plan for Program Year 2011 and any amendments thereto, and all 

understandings and assurances contained therein, and directs and authorizes the City 

Manager to act in connection with the submission of the Final Statement and to provide 

such additional information as may be required and authorizing the City Manager to act 

in connection with the implementation of the activities contained therein. 

PASSED, ADOPTED AND APPROVED: this 8 1 h day of November, 2010. 


By: ________ _ 


ATIEST: 

Ann Smith, Interim City Secretary 

U:\Pianning\CDBG\Resolution to 11-8-10 agenda item (3).docx

31 

~ - ,Cityof 

~-.. New Braunfels 



Agenda Item No. 3F 



SUBJECT: 

Approval of a recommendation to deny the request by the New Braunfels Family 

YMCA for a crosswalk on Landa Street. 


Mr. David Paulos requested that the City consider installation of a crosswalk on Landa Street so 

YMCA staff who park in the Herald Zeitung parking lot had a crossing. 

This matter was presented to the Transportation and Traffic Advisory Board (T&T) on October 14, 

2010. The City Engineer discussed the implications of a marked pedestrian crossing which 

include the false sense of security provided by a marked crosswalk. Texas Law requires the 

operator of a vehicle shall yield the right-of-way to a pedestrian crossing a roadway in a 

crosswalk. There is a great deal of literature which indicates this law gives a pedestrian the sense 

that it is safe to cross because the crosswalk is marked. However, without a signal to interrupt 

traffic, there is no real assurance that vehicles will stop. There is not significant pedestrian traffic 

in this area, so a motorist would not expect to see a pedestrian. For these reasons, the City 

Engineer indicated this is not a good location for a pedestrian crosswalk. 

Mr. Paulos was present at that meeting and discussed the challenges he faces providing parking 

for his employees and the members using the YMCA. 

After discussion T&T approved a motion to take no action. 


..J 

N/A 

Yes 


Priority: 

2006 Comprehensive Plan: Transportation 

Goal 21 : Provide a system of convenient and 

safe transportation facilities through 

comprehensive, cooperative a continuing 

transportation system planning and 

development. 


N/A 


The Transportation and Traffic Advisory Board considered this request at their October 14, 2010 

meeting and approved a motion to take no action. 

STAFF RECOMMENDATION : 

Staff recommends denial of the request. 

Page 1 ofl

-:,Cityof 

~-.New Braunfels 

33 



Agenda Item No. 3 & 

Presenter/Contact- Vinicio Llerena, Airport Director 

(830) 221-4290 - lllerena@nbtexas.org 

SUBJECT: Approval of a resolution recommended by the New Braunfels Industrial Development 

Corporation regarding the funding of renovations to Hangar 2317 at the Airport in an amount of 

$169,101. 


Alpha Aircraft has signed a 10 year lease at $99,600/year to rent Hangar 2317 at the Municipal 

Airport. The current height of Hangar 2317 limits the types of aircraft that can be placed in the 

hangar and worked on by Alpha because the openings are not suitable for larger aircraft. The 

proposed renovations include material and labor to increase the eave height of the hangar by 

eight (8') feet, install or extend current purlins and rafters, and replacing the slide doors at each 

end of the hangar. The IDC approved the request at a meeting on October 21 , 2010, and 

requested that the grant funds be taken from the $400,000 being designated and held in an IDC 

budget account for future airport development. 


NIA 

Strategic Priorities: Infrastructure - Implement 

X Yes City Plan/Council Priority: ongoing program of infrastructure construction 

and maintenance 


The funding will be out of the IDC budget account for future airport development. 


THE IDC BOARD RECOMMENDED APPROVAL OF THE $169,101 GRANT. 


Approval of the Resolution. 

Legai/Common/Fonns/ Agenda ltem.4B.Funding of Renovations. Hangar 2317 

Page I of I

34 

RESOLUTION NO. 2010-R ___ _ 

A RESOLUTION OF THE CITY COUNCIL OF · THE CITY OF NEW 

BRAUNFELS, TEXAS, APPROVING A RECOMMENDATION OF THE NEW 

BRAUNFELS INDUSTRIAL DEVELOPMENT CORPORATION, TO ENTER 

INTO A CONTRACT WITH THE CITY OF NEW BRAUNFELS TO FUND THE 

RENOVATION OF HANGAR 2317 AT THE NEW BRAUNFELS MUNICIPAL 

AIRPORT IN THE AMOUNT OF $169,101; AND DECLARING AN EFFECTIVE 

DATE. 

I 

WHEREAS, the City of New Braunfels Industrial Development Corporation 

("I DC") Board of Directors met on October 21, 2010, to consider a request from 

the City of New Braunfels for consideration of its request for the IDC to fund 

renovations to Hangar 2317 at the New Braunfels Municipal Airport so as to raise 

the eave height by eight (8') feet; and 

WHEREAS, the IDC Board of Directors held a public hearing on October 

21, 2010, to solicit public comment with regard to the City of New Braunfels' 

request; and 

WHEREAS, the IDC Board of Directors, after discussing the request, 

voted to approve entering into a contract with the City of New Braunfels for the 

renovations to Hangar 2317 at the New Braunfels Municipal Airport in the amount 

of $169,101; and 

WHEREAS, the $169,101 will be a grant to the City of New Braunfels and 

will be paid from the $400,000 that the IDC Board of Directors set aside for 

airport improvements; 

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 

OF NEW BRAUNFELS, TEXAS: 

SECTION 1: That the recommendation of the New Braunfels Industrial 

Development Corporation to fund renovations to Hangar 2317 at the New Braunfels 

Municipal Airport with a grant in the amount of $169,101 in order to increase the 

eave height of the hanger by eight (8') feet is hereby approved. 

SECTION 2: That this Resolution shall become effective from and after 

the date of its passage. 

PASSED, ADOPTED AND APPROVED this 8 1 h day of November, 2010. 


By: ______________________ __ 


'· 

Legai/Common!Resolutions/48/Resolution.Funding.Renovating Hangar 23 17.City Airport

35 

ATIEST: 

Ann Sr:nith, Interim City Secretary 

Legai/Common!Resolutions/48/Resolution.Funding.Renovating Hangar 2317 .City Airport

37 

~J N~~ Braunfels City Council Agenda Item Report 


Agenda Item No.3 H 

Presenter/Contact- Shannon Mattingly, Director of Planning 


SUBJECT: Approval of a resolution approving a boundary agreement among the City of New 

Braunfels, City of Schertz, Dennis R. Engel and Jeannine C. Engel, and David W. Engel and 

Monika M. Engel 


Dennis Engel and wife, Jeannine C. Engel and David W. Engel and wife, Monika M. Engel own 

properties currently within the extraterritorial jurisdiction ("ET J") of the City of Schertz and Schertz 

is in the process of annexing properties within its ET J. The Engels desire to be in the ET J and be 

annexed by the City of New Braunfels rather than the City of Schertz and Schertz has agreed to 

release the Engel properties from its ET J to the ET J of New Braunfels provided that the City of 

New Braunfels agrees to annex the properties no later than December 31, 2011 . The Boundary 

Agreement sets out the conditions and covenants with regard to the transfer of the properties 

from Schertz ET J to the New Braunfels ET J and subsequent annexation by New Braunfels. 


X 

NIA 

Yes 

j City Plan/Council Priority: I Strategic Priorities: 


None 


N/A 


Approval of the Resolution. 

Legal/Common/Forms/ Agenda Item/20 I 0/Res.Boundary Agreement. Engel Properties Page 1 of 1

38 

RESOLUTION NO. 2010 - 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, 

TEXAS, APPROVING A BOUNDARY AGREEMENT AMONG THE CITY OF NEW 

BRAUNFELS, CITY OF SCHERTZ, DENNIS R. ENGEL AND JEANNINE C. ENGEL, 

AND DAVID W. ENGEL AND MONIKA M. ENGEL; AND DECLARING AN 

EFFECTIVE DATE. 

I 

WHEREAS, properties owned by Dennis R. Engel and Jeannine C. Engel (the 

"Dennis Engel Property"), and David W. Engel and Monika M. Engel (the "David Engle 

Property") are currently within the extraterritorial jurisdiction ("ET J") of the City of 

Schertz, Texas ("Schertz"); and 

WHEREAS, Dennis and Jeannine Engle and David and Monika Engel have 

requested that the Dennis Engel Property and the David Engel Property be released 

from the ET J of Schertz to the ET J of the City of New Braunfels and be annexed by the 

City of New Braunfels; and 

WHEREAS, Schertz has agreed to release the Dennis Engel Property and the 

David Engel Property from the ET J of Schertz to the ET J of the City of New Braunfels 

and the City of New Braunfels has agreed to annex the Dennis Engel Property and the 

David Engel Property into its corporate boundaries no later than December 31, 2011; 

and 

WHEREAS, the parties have negotiated a Boundary Agreement that sets out the 

mutual covenants and conditions of the transfer of the Dennis Engel Property and the 

David Engel Property from the ET J of Schertz to the ET J of New Braunfels and the 

subsequent annexation of the properties by New Braunfels; 

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 

NEW BRAUNFELS, TEXAS: 

SECTION 1: That the draft of the Boundary Agreement attached hereto as 

Exhibit "1" is hereby approved subject to such minor changes that the City Manager 

and/or City Attorney deem appropriate; that the City Manager is authorized to execute 

the Boundary Agreement in behalf of the City of New Braunfels; and the City Manager, 

City Attorney, and staff are hereby authorized to take all necessary actions to implement 

the Agreement. 

SECTION 2: That this Resolution shall become effective from and after the date 

of its passage. 

Legai/Common!Resolutions/201 OfRes.Approval of Boundary Agreement. Engel Properties 1

39 

PASSED, ADOPTED AND APPROVED this 8 1 h day of November, 2010. 

ATIEST: 


By: ______________________ __ 



Legai/Common/Resolutions/20 I 0/Res.Approval of Boundary Agreement. Engel Properties 2

~ - ,Cityof 

~~ New Braunfels City Council Agenda Item Report 


41 




SUBJECT: Approval of the first reading of an ordinance amending Ordinance Number 75-10 to 

approve installation of stop signs on Kuehler Avenue at the entrance to Camp Comal and on 

Mission Hills Drive at Evergreen Lane 


At the present time, Kuehler Avenue at the entrance to Camp Comal does not have any traffic 

control. A resident suggested that this area experiences considerable traffic with potential 

conflicts. Engineering Division staff counted traffic volumes and recommends installation of stop 

signs at the following locations: 

• On the SW corner of Kuehler Avenue at the entrance to Camp Carnal 

• On the SE corner of Kuehler Avenue at the entrance to Camp Comal 

• On the exit from Camp Comal onto Kuehler Avenue 

Mr. Charles Salsman requested that the City install stop signs on Mission Hills Drive at Evergreen 

Lane to make this intersection a 4-way stop. The residents of Mission Oaks presented a petition 

to the Transportation and Traffic Advisory Board (T&T) at their October 14, 2010 meeting. 

Following a lengthy discussion regarding visibility, school bus stops, and other safety issues, T&T 

unanimously approved a motion recommending installation of stop signs at the following 

locations: 

• On the NE corner of Mission Hills Drive at Evergreen Lane 

• On the SW corner of Mission Hills Drive at Evergreen Lane 

A copy of the petition presented is attached. 


N/A 

~ Yes 


Priority: 

2006 Comprehensive Plan: Transportation 

Goal 21 : Provide a system of convenient and 

safe transportation facilities through 

comprehensive, cooperative a continuing 

transportation system planning and 

development. 


Stop signs cost approximately $135 each. Sufficient funding is available in the FY201 0/11 

approved street and drainage budget. 


42 


The Transportation and Traffic Advisory Board considered these requests at their October 14, 

2010 meeting and recommended installation of the stop signs. 


Staff recommends the approval of the first reading of the attached ordinance. 


43 

ORDINANCE NO. 2010-__ 

An ordinance amending ordinance number 75-10 dated April 28, 1975 

to approve installation of the traffic control devices (stop signs) on 

Kuehler Avenue at the entrance to Camp Comal and on Mission Hills 

Drive at Evergreen Lane providing a severability clause; and 

declaring an effective date. 

WHEREAS, after engineering and field investigation, the City Engineer has 

recommended that traffic control signs be installed on certain streets, avenues, 

thoroughfares and boulevards within the corporate limits of the City of New Braunfels in 

order to protect the health, safety and welfare of the citizens. 

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 


I. 

THAT Ordinance Number 75-10 dated April 28, 1975, is hereby amended to 

authorize the installation of additional Traffic Control signs at the following location in 

the corporate limits of the City of New Braunfels, Texas: 

STOP SIGNS: 

1111 On the SW corner of KUEHLER AVENUE at the entrance to CAMP 

CO MAL 

1112 On theSE corner of KUEHLER AVENUE at the entrance to CAMP 

CO MAL 

1113 On the exit from CAMP COMAL onto KUEHLER AVENUE 

1114 On the NE corner of MISSION HILLS DRIVE at EVERGREEN LANE 

1115 On the SW corner of MISSION HILLS DRIVE at EVERGREEN LANE 

II. 

THAT the Public Works Department is directed to obtain and install the traffic 

control signs in the locations as set forth in this ordinance, and is directed to maintain 

the signs in a manner that provides for the health, welfare and safety of the citizens of 

New Braunfels. 

Ill. 


44 

THAT all provisions as set forth in Ordinance Number 75-10 dated April 28, 

1975, will be and remain in full force and effect as though written in full in this ordinance. 

IV. 

THAT all provisions hereof are hereby declared to be severable and if any 

provisions hereof is declared to be invalid or unconstitutional, such shall not invalidate 

or affect the remaining provisions hereof which will be and remain in full force and 

effect. 

v. 

This Ordinance shall take effect from and after its second and final reading. 

PASSED AND APPROVED: First reading this the 8 1 h day of November, 2010. 

PASSED AND APPROVED: Second reading this the 22 1 h day of November, 

2010. 


ATTEST: 


ANN SMITH, INTERIM CITY SECRETARY 

APPROVED AS TO FORM: 

ALAN C. WAYLAND, CITY ATTORNEY 


45 

We, the undersigned, registered voters and residents of the neighborhood commonly referred to 

as Mission Oaks, believe in preserving the quality of life enjoyed by New Braunfels residents 

through appropriate traffic flow management and protection of pedestrians. Such management 

should include input from residents directly affected by traffic in their residential neighborhoods. 

With this petition we wish to expresses our concern with the growing traffic in the area 

surrounding the intersection of Highway 46 West and Loop 337. Our neighborhood which does 

not have sidewalks has become dangerous to pedestrians. 

• The new HEB store, and its related WestPointe development, has increased the traffic in 

the area resulting in increased commuter traffic through our residential neighborhood 

roads. 

• The New Braunfels Christian Academy is located at 995 Mission Hills Drive at the 

intersection of Mission Hills Drive and Kerlick Drive. Parents and elementary school 

students routinely walk in the street on Mission Hills Drive and Kerlick Drive. 

We, the undersigned, petition the City of New Braunfels to install two additional stop signs at the 

intersection of Mission Hills Drive and Evergreen Road making the intersection a four ( 4) way 

stop. This action will help preserve public safety and health by controlling the flow and speed of 

the traffic in and through the neighborhood.

l. 

2. 

4. 

5. 

46 










roads. 




We, the undersigned, petition the City ofNew Braunfels to install two additional stop signs at the 

intersection of Mission Hills Drive and Evergreen Road making the intersection a four (4) way 


the traffic in and through the neighborhood. 

Si nature (> _ ...,._." Printed J'i~e C Address M · H · 

.~'('(\. · ~0"» J-\ct Ft {Y\ . fts\ tLL~ t.s_6_S __ Cf....~..4-_:..4_.:..._'...;_ \I_S_S_' 

~~~~....:...._- fenn.~ 5bf_it!ien 5 mlss~'&n A 

~ltt\e!j orr qcs6 Hi{hiort ifr;(f~ Pv 

()_N_....:....IUS 0 R._ • 

l'•l"f3,f7r;78J~ 

)v\lM 1 Bcl::f11a0 GJt++ MtssitM, ~lLs (Jr. 

/oM e.ev v~ b lfJ ft>.r0/ ;!.;~ 

:/6.{?2 VeM.e d ~· 1J:L- MISS!® i1tfb. :OR-. 

7. PL-~:wt:;;;;==::=::!~::::::::::_ H ¢tt S u.v1 ~~v 1 LL-t BPI tv~h~~it:>!J \Atu.. < D fL, 

8. ,) u) t'? Sq/ 6m~u1 ~ g; ;/![; s5/tJn 1H Jls Dr- 

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10.------ - ------ --- ------ - -------- 

11. - - - ----------------------------- 

12. - ----------------------- -------- 

13.-- -------- - - ----- - - ------ --- ---- 

14.---- --------- --- ------------ - - -- 

15.---- - - --------- ---------------

47 










roads. 




We, the undersigned, petition the City of New Braunfels to install two additional stop signs at the 

intersection of Mission Hills Drive and Evergreen Road making the intersection a four (4) way 


the traffic in and through the neighborhood. 

4. 

5. 

-£2-:1---tLLJ5.-=z::4~=- _ Dc...= ll- J

£18

. City of 

~J ·· New Braunfels 

....., ~ 

) 



Agenda Item No.4A 

Presenter/Contact - Stacey Laird Dicke, Parks and Recreation Director 

(830) 221-4350- sdicke@nbtexas.org 

SUBJECT: Discuss and consideration of the first reading of an ordinance amending Chapter 86, 

Section 86-2, 86-9, 86-91, 86-95, 86-96, 86-97, and 86-98 of the Code of Ordinances 

of the City of New Braunfels, Texas regarding park usage fees. 

) 


Chapter 86 of the City of New Braunfels Code of Ordinances deals with policies, rules and fees for the 

Parks and Recreation Department. In this chapter, a variety of fees are listed and set by ordinance. Fees 

included are: 

• Picnic rental fees 

• Landa Haus fees 

• Swimming Pool admission fees 

• Golf Course daily, cart, annual pass fees 

• Paddle Boat and Miniature Golf Fees 

• Landa Lake Gazebo and Dance Slab fees 

• Tube Chute admission fees 

• Landa Recreation Center reservation fees 

In addition to these park fees set by ordinance, there are a number of fees set by the department staff 

including: 

• League registration fees 

• Class, camps, special event fees 

• Sports Association field use fees 

• Golf lesson, classes, tournament fees 

In an effort to make the management of these fees less cumbersome, staff is proposing to change the 

Code of Ordinances relative to park fees to only include swimming pool and golf fees. 

All remaining fees will be recommended by the Parks and Recreation Director, reviewed annually by the 

Parks and Recreation Advisory Board and approved by the City Council during the annual budget 

process. 

The Parks and Recreation Advisory Board recommended approving this ordinance change on October 5, 

2010. 

This revised procedure will allow flexibility so that new fees (additional picnic areas, pavilions) can be 

added as needed, allow pricing to meet market demand, and provide a more efficient method for 

managing fees on an annual basis. 

Swimming pool and golf daily fees are recommended to remain in the Code of Ordinances due to the 

) sensitivity of these particular fees. Staff does recommend presenting pool and golf fees to the Parks 

Advisory and Golf Advisory Boards respectively. If the Advisory Board approves any changes to these 


The revised ordinance does include an increase in fees for the Landa Park Golf Course. Historically, a 5% 

increase in all golf fees has been incurred. This year, staff is recommending a $0.50 increase in daily 

green fees and $1 .00 increase in cart fees. These increases equate to 3% for the daily fee and 8% for the - 

cart fee. All other fees including annual passes, go-play passes, and trail fees are proposed to increase 

5%. 

Another change regarding golf fees is the reduction in the number of go-play pass combinations for sale. 

Previously, go-play cards were offered in increments of 5 from 20 rounds through 80 rounds. Staff is 

recommending only selling passes in increments of 20, 50 and 80 rounds. The majority of passes sold 

were in these amounts, and in order to alleviate pricing confusion, staff feels these passes will be 

satisfactory to our guests. 

The Golf Advisory Board approved recommending these price increases on October 12, 2010. 

Based on feedback provided from the City Council during the budget process, staff has developed a new 

non-resident fee for all park reservations. A non-resident rate is 30% higher than the resident rate. A 

summary of rentals from 2009 show that 46% of all rentals were by residents. 


N/A 

>.} Yes 

I C PI /C . 1 

p . ·n I Fiscal Management - Maintain fiscal stability of 

1ty an ounc1 non ': C"ty >p f 

· ·· 1 o era 1ons. 


Proposed golf fee increases are expected to generate an additional $40,000 in revenue for the Golf 

Enterprise Fund. Increased fees for park reservations is expected to generate an additional $80,000 in 

revenue. 


Approved by the Parks and Recreation Advisory Board on October 5, 201 0 and the Golf Advisory Board 

on October 12, 2010. 


Staff recommends authorizing the City Manager to approve certain park fees, and to increase golf fees at 

the Landa Park Golf Course. 


51 

ORDINANCE NO. 2010 ---- 

AN ORDINANCE AMENDING CHAPTER 86 SECTION 86-2, 86-9, 86-91 , 86-95, 

86-96, 86-97 AND SECTION 86-98 OF THE CODE OF ORDINANCES OF THE 

CITY OF NEW BRAUNFELS, TEXAS REGARDING PARK USAGE FEES; 

REPEALING ALL ORDINANCES IN CONFLICT; CONTAINING A SAVINGS 

CLAUSE; AND DECLARING AN EFFECTIVE DATE. 

WHEREAS, the fees park use are currently set both by ordinance and by staff; and 

WHEREAS, the need to amend certain fees has arisen; and 

WHEREAS, the Parks and Recreation staff is recommending authorizing that fees 

be set as recommended by the Parks and Recreation Advisory Board and approved by 

the City Council in the budget to set certain park usage fees; 

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 

NEW BRAUNFELS, TEXAS: 

I. 

THAT Chapter 86 Sections 86-2, 86-9, 86-91, 86-94, 86-95, 86-96, 86-97and 86-98 

are hereby amended by repealing Sections 86-2, 86-9, 86-91 , 86-95, 86-96, 86-97 and 

86-98 and adopting new Sections 86-2, 86-9, 86-91, 86-95, 86-96, 86-97 and 86-98 

which shall read as follows: 

Sec. 86-2 Park Use Fees 

(a) Fees will be charged for certain p1cmc areas, pavilions, gazebos, Landa 

RecreationCenter, paddle boats, mini-golf course, City Tube Chute and Landa Haus 

as indicated on the attached Parks Fee Schedule. 

(b) Fees must be paid in advance and/or at time of reservation . 

(c) Reservation fees may be refunded with prior notice of cancellation. Handling fees 

will be assessed. 

(d) Certain reservation fees will require resident and non-resident fees. 

(e) Beginning with fiscal year 2011 -2012, fees will be reviewed annually by the Parks 

and Recreation Advisory Board and approved by the City Council by adopting any 

new or revised fees as part of the budget. 

Sec. 86-9. Reserved. 

Sec. 86-91. - Golf course fees

52 

(a) Definitions. The following definitions shall apply to this section: 

(1) Resident. Any person whose permanent residence is within the city limits or 

its extra territorial jurisdiction. 

(2) Junior. Any person 17 years of age or younger. A junior under the age of 12 

must be accompanied by an adult while the starter is on duty on weekends 

and holidays. 

(3) Annual Fees. Applies to any person whose permanent residence is inside the 

city limits or extra territorial jurisdiction. The annual fee rate is only available 

to persons having purchased a current annual fee pass by September 15, 

2000, and is not transferable. Annual fees will increase at the same rate as 

green fees and passbook fees. Annual course green fees (non-refundable), 

which regardless of when paid, entitles that person to play from the date the 

fee is paid through the following September 30. 

(4) Senior. Any person who is 50 years of age or older. 

(5) Go play card. A non-refundable bulk purchase card good for the number of 

rounds of golf. The go play card expires one year after its purchase. Up to 

three guests of the cardholder may utilize the rounds of golf purchased by the 

cardholder provided the cardholder plays with the guests. A surcharge is 

assessed for every round played by the cardholder and his or her guests on 

weekends and holidays. The card is transferable with payment of a $25.00 

transfer fee. 

(6) Nine hole fee. Paid by persons wishing to play nine holes of golf. 

(7) Twighlight fee. A reduced fee offered as a discounted rate at the end of day. 

Start time will vary seasonally and will be determined by the Golf Course 

Manager. 

(8) A round of golf. Commences when a golfer tees off regardless of the time of 

day or how many holes are played. 

(b) All fees shall be available to support the operating and capital expenditures and 

transfers of the Golf Course Enterprise Fund. The Landa Park municipal golf course 

manager may, with city manager approval, negotiate rates for golf course special 

events and promotions. 

(c) Daily Fees: 

a. Weekdays $18.50 

b. Twighlight/9 holes $14.50 

c. Weekends and holidays $22.50 

d. Junior Weekdays $7.00 

e. Junior Weekends and holidays $9.00 

(d) Annual fee rate $700.00

53 

a. A surcharge of $5.00 per round on weekends and holidays is hereby 

imposed for every round played by an annual fee player and those players 

utilizing a go play card . 

b. There shall be an exception to the surcharge imposed by this section for 

annual fee/go play card players who are playing in sanctioned events of the 

New Braunfels Golf Association. 

(e) Junior annual fee rate $115.50 

(f) Go play card: 

Rounds Card Price Price per Round 

20 $340 $17 

50 $666 $13.32 

80 $790 $9.87 

(g) Annual private cart trail fee: $396 and non-refundable. 

a. Fees are valid regardless of time of purchase through September 30. 

b. This fee is for use of a private golf cart by the owner of the private cart, the 

owner's spouse or qualified and up to one additional rider (limited to a total of 

two riders), authorized by owner. 

c. Private carts are subject to approval for safety purposes and liability issues 

by the golf course manager or his appointed agent(s). The owners of 

powered golf carts shall be fully responsible for the safety and liability of 

occupants and the safe operation of their powered golf carts and shall be 

responsible for ensuring that their golf carts are maintained and operated in 

accordance with their golf cart operation/instruction manual while on Landa 

Park municipal golf course property. 

(h) A Daily Trail Fee: $11 per round of golf 

a. Must be paid by those players using a private cart who have not paid an 

annual trail fee for the private cart. This does not apply to carts owned and 

operated by the city. 

(i) Cart Fees: 

a. Rental of golf cart for 18 holes $14.00 

b. Rental of golf cart for 9 holes $7.50 

c. Cart fees must be paid per player, per round of golf. Minors less than 16 

years of age shall not operate golf carts on Landa Park municipal golf course 

property.

54 

U) All members and coaches of an authorized Carnal County school golfing team may 

play on weekdays after 2:30 p.m. at no charge. The following limit will apply to golf 

coaches and players: 

a. Limit of two golf coaches per school. Junior high school teams are limited to 

15 players per school at any one time. 

Sec. 86-94. - Landa Park swimming pool fees 

(a) The following scheduled fees shall be paid by patrons of the Landa Park swimming 

pools within the city. For the purposes of this section, the term "resident" applies to 

persons who reside within the city limits, and the term "nonresident" refers to all 

other persons. The terms "resident" and "nonresident" only apply to the schedule of 

fees for season swim passes. 

(1) Daily swimming tickets, one day only: 

a. Children, ages 3 to 12, each 3.00 

b. Adults, ages 13 to 59, each 4.00 

c. Senior citizens, ages 60 and over, each 3.00 

(2) Resident season swimming passes: 




d. Family season swim pass, each 100.00 

A family season swim pass includes a maximum of four family members, at least 

one of which shall be the parent or legal guardian of any children on the pass. 

Family members are defined as children under the age of 18 and their father, 

mother or legal guardian. Additional children may be added to the pass for $20.00 

each. 

(3) Nonresident season swimming passes: 




(4) Inner tube rental: 

a. Tube rental, per day, per tube 5.00 to 15.00 

b. Security rental deposit (refundable) 10.00 to 15.00 

(5) Locker 0.25-1 .25

55 

(b) All swimming pool fees shall be payable in advance before service or ticket is 

rendered. 

(c) Season swimming passes will entitle the bearer only to the right to swim during 

regularly scheduled pool hours during the operating season in the same year the 

pass was purchased. 

(d) Daily swimming tickets will be valid only on the day the bearer purchased such 

ticket. 

(e) All holders of a resident season swimming ticket shall be entitled to entry into the 

City Tube Chute at no additional charge during the term of the season swim pass. 

This privilege does not extend to holders of nonresident season swimming tickets. 

Sec. 86-95-86-98 Reserved. 

II. 

THAT all other ordinances or parts of ordinances in conflict herewith are hereby 

repealed to the extent that they are in conflict. 

Ill. 

THAT if any provision of this ordinance shall be held void or unconstitutional, it is 

hereby provided that all other parts of the same which are not held void or 

unconstitutional shall remain in full force and effect. 

PASSED AND APPROVED: First reading this the 8th· day of November, 2010. 

PASSED AND APPROVED: Second reading this the 22nd· day of November, 2010. 


ATTEST: 

By: 

R. BRUCE BOYER, Mayor 

ANN SMITH, Interim City Secretary

56 


ALAN C. WAYLAND, City Attorney

FY2011 Parks andiRecreation 

Park Fees 

-. tFY~1 FY'~ ~ Propose(;l" 

2009 % 

l?roposed- NonResident Total2009; Rentals- 2009 Rentals I 1 

1Residen t 

1~ee Qescrlptlon 

Fee Group 1 (capacity 40) 

F¥10Amount Resident '(add 30%)' Re.ntals Residents 1 l tNonresldent Rentals 

Group Area 1 

55.00 65.00 85.00 24 7 17 29% 

) 

Group Area 3 

55.00 65.00 85.00 38 9 29 24% 

Group Area 12 

Group Area 13 

Group Area 10 

Group Area 15A 

Group Area 14A 

Group Area 14B 

Group Area 14C 

Solms Pavilion 


Pavilion 7A 

Group Area 2 

Pavilion 4 

Pavilion 5 

Pavilion 6 

Group Area 7 

Group Area 8 

Group Area 9 

Group Area 11 D 

Group Area 11 E 

Pavilion 15 

Cypress Bend Pavilion 


Group Area 11 B 

Group Area 11 C 

Group Area 14 

Fee Group 4 (capacity 100-200) 

Pavilion 16 

)Group Area 11A 


Group Area 11 

Special Event Areas 

Dance Slab 

Faust Street Bridge 

Cypress Bend Grass Area 

JAWS Skate Park 

Misc. Fees 

Main Plaza Sound System (per hour) 

Main Plaza Facility Use 

Wedding Gazebo (per 2 hours) 

Individual Picnic Table 

Volleyball Court 

Landa Haus 

Monday-Thursday (entire day ) 

Monday-Thursday (per 2 hours ) 

Fri. Sat, Sun (entire day ) 

Set Up Fee 

dance floo r 

cordless mic 

podium 

vcr/tv 

damage deposi t 

Special Use Fees 

Live Music 

Inflatable Games 

Special Accomodations 

Recreation Facility Fees 

Camp Comal Fields 

7 fields/3 days 

7 fields/2 days 

7 fields/1 day 

1 field/1 day 

1 field/per hour 

55.00 

55.00 

65.00 

65.00 

45.00 

75.00 

110.00 

110.00 

110.00 

110.00 

110.00 

110.00 

110.00 

110.00 

110.00 

110.00 

110.00 

165.00 

165.00 

165.00 

165.00 

225.00 

275.00 

150.00 

300.00 

75.00 

75.00 

0.00 

75.00 

10.00 

5.00 

300.00 

75.00 

350.00 

75.00 

60.00 

10.00 

25.00 

25.00 

150.00 

0.00 

0.00 

0.00 

1,000.00 

750.00 

500.00 

75.00 

20.00 

65.00 

65.00 

65.00 

65.00 

65.00 

65.00 

65.00 

65.00 

125.00 

125.00 

125.00 

125.00 

125.00 

125.00 

125.00 

125.00 

125.00 

125.00 

125.00 

125.00 

165.00 

165.00 

225.00 

225.00 

275.00 

300.00 

300.00 

300.00 

300.00 

35.00 

tbd 

75.00 

0-10 

15.00 

300.00 

75.00 

350.00 

100.00 

100.00 

10.00 

25.00 

25.00 

200.00 

25.00 

25.00 

25.00 

1,000.00 

750.00 

500.00 

75.Be e 1 

20.00 

85.00 

85.00 

85.00 

85.00 

85.00 

85.00 

85.00 

85.00 

163.00 

163.00 

163.00 

163.00 

163.00 

163.00 

163.00 

163.00 

163.00 

163.00 

163.00 

163.00 

215.00 

215.00 

293.00 

293.00 

358.00 

390.00 

390.00 

390.00 

390.00 

35.00 

tbd 

98.00 

10.00 

20.00 

390.00 

98.00 

455.00 

100.00 

100.00 

10.00 

25.00 

25.00 

200.00 

25.00 

25.00 

25.00 

1,300.00 

975.00 

650.00 

97.50 

26.00 

54 

84 

51 

63 

10 

80 

28 

79 

123 

86 

22 

17 

27 

8 

7 

126 

74 

7 

3 

5 

132 

11 

10 

25 

3 

9 

1 

32 

194 

139 

95 

80 

25 

71 

20 

50 

25 

31 

8 

37 

3 

32 

57 

47 

10 

6 

11 

3 

3 

63 

61 

3 

2 

2 

84 

3 

3 

16 

1 

8 

0 

13 

123 

84 

60 

34 

34 

26 

32 

2 

43 

25 

47 

66 

39 

12 

11 

16 

5 

4 

63 

13 

4 

1 

3 

48 

8 

7 

9 

2 

1 

1 

0 

19 

71 

55 

11 

37% 

60% 

49% 

49% 

80% 

46% 

41% 

46% 

55% 

45% 

35% 

41% 

38% 

43% 

50% 

82% 

43% 

67% 

40% 

64% 

27% 

30% 

64% 

33% 

89% 

0% 

41% 

63% 

60% 

85%

FY2011 Parks and~ecreation 

Park Fees 

HEB Soccer Fields 

Solms Park Field Rental 

1 fields/3 

1 fields/2 

1 fields/1 

Recreation Center 

5 fields/3 dayst--~~~--~~~t---....:..S:~~f------it----+----+----l 

5 fields/2 dayst------7~~--~=~t-------;:=~r------it----+----+----l 

5 fields/1 dayt-_ __;,~~--___;~~t---___;:;~3 f------it----+----+----l 

1 field/1 day 

1 field/per hou t----~~-t----~~:*-------;~a------11----+-----+---l 

Meeting ·Room, ~gu~rhours~--~~~--~~~---~~~---~---~~----~-~~ 

Gym, regular hours~---=-=-~~--~~~------=~~----=-1---__;,=+-------+-~~ 

Gym,afterhours~--~~~---7~~---~~~---~----~-----+----4 

Gym,1/2courtr--~~~--~~~r---~~~r---~r----~----~-~~ 

Entire building~----':-=-=-~~--~~~-----7:~~------'-f----+-----=+-.....:..:::.::..:..:.j 

Afterhouffidamagedepos~r--___;~~~--~~~---~~~---~---~~---~~-~~ 

Rec Kits 

r---~~---~~r------1---~1---__;,~---~~-~~ 

Paddle Boats Ticket 

Miniature Golf Ticket 

Recreation Programs and Leagues 

Aquatics Complex 

Swim Team Participant Fee~--~~+------;.~*-------+---~1----+------+----l 

Swimming 

Olympic Pool Renta ~-___;~~+----=-=~*---....;...:;~~---~1---__;,* ___ ~:.,:.+-_;;.;.:.-=-i 

Zero Depth Pool Renta ~-~~~+---~~*---~~~----=11-----=+-----....:::..j.-_;:..:...:.-=-i 

Olympic & Zero Depth Rental~----':~~+----=-=~*---~~~---~1-----:+----....,+--,-:-:-~ 

Spring Fed Pool Rental ~-___:=::.=::.+----=.::.==+-----=:.=..:..:~----=11-----=+-----....:::..j.-_;:..:...:.-=-i 

City Tube Chute 

Tube Chute Admission 

~--~~~---~~r----~~r---~r----~---~~-~~ 

Tube Chute Facility Rental ~--...;...::.=::.~ __ _:_.::.:..::;=+----___::..:....:..:~----=-!1-----+----~-~:.::...:.-=-i 

Tube Rental 

~--~~~---~~r------r----r----~------1-----l 

Page 2

-, City of 

~~ New Braunfels 

.....,~ 

59 




Presenter/Contact - Stacey Laird Dicke, Parks and Recreation Director 

(830) 221-4355 slaird@nbtexas.org 

SUBJECT: Discuss and consider approval of a resolution adopting the 2010 Parks, 

Recreation and Open Space Strategic Plan. 


City Council was presented the 2010 Parks, Recreation and Open Space Strategic Plan on 

September 27, 2010 for consideration. 

This plan serves as a roadmap for the Parks and Recreation Department to set priorities for the 

next 5 - 10 years. 

By officially adopting this plan, the City of New Braunfels will be able to submit the plan to the 

Texas Parks and Wildlife Department for consideration and become eligible for grant funding. 


NIA 

X Yes 

I C' PI /C . 1 

p . . I Growth and Development - Establish a vision for 

Jty an ouncJ n onty: the future of the City of New Braunfels. 

F ISCAL IMP ACT: 

N/A 


The Parks and Recreation Advisory Board approved the Strategic Plan and Hike/Bike Plan on 

May 4, 2010. 


Staff recommends approval of the resolution for the Parks, Recreation and Open Space Strategic 

Plan.

60 

RESOLUTION NO. 201 OR- 


TEXAS ADOPTING THE 2010 PARKS, RECREATION AND OPEN SPACE 

STRATEGIC PLAN. 

WHEREAS, the City Council of the City of New Braunfels recognizes the need for a 2010 

Parks, Recreation and Open Space Strategic Plan to provide goals, assessments, standards, 

recommendations and strategies for implementation over a ten year period in an effort to provide 

for and continually improve park and recreation facilities, provide trail opportunities, preserve 

open spaces and rehabilitate existing parks in the City of New Braunfels; and 

WHEREAS, the primary objective of the plan is to provide recreational services desired by 

the citizens of New Braunfels, acquire needed open spaces and preserve natural resources; and 

WHEREAS, in order to address recreational needs in the future, the City of New Braunfels 

has sought input from the citizens of New Braunfels through surveys, public input meetings, the 

Master Plan Steering Committee and the city staff; and that input has been incorporated into the 

plan; and 

WHEREAS, the plan complies with Texas Parks and Wildlife Department master plan 

guidelines which require parks and recreation needs to be prioritized and addressed in an action 

plan format; and 

WHEREAS, the City Council, having taken into consideration the results of the in-depth 

study conducted by Halff Associates for the City of New Braunfels, determines that the plan is 

reasonable; 

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEW 

BRAUNFELS, TEXAS: 

I. THAT, the 2010 Parks, Recreation and Open Space Strategic Plan for the City of New 

Braunfels, Texas, is hereby officially adopted, as attached hereto and incorporated 

herein for all intents and purposes. 

II. 

THAT, a ten year action plan has been developed to prioritize implementation of the 

2010 Parks, Recreation, Open Space Strategic Plan, guide the rehabilitation of existing 

parks, provide guidance in the application of funding, and suggest alternative funding 

mechanisms. Adoption of the plan shall not commit the City of New Braunfels to 

specific funding levels or implementation strategies, but shall provide a guidance plan 

for the City's vision for availability and growth of park and recreational services. 


PASSED, ADOPTED AND APPROVED this 8 1 h day of November, 2010 


ATIEST: 

BY: 

--~~~~~~~-- 


ANN SMITH, Acting City Secretary 


62 

...

) 


NOVEMBER 8, 201 0 

Agenda Item No. ~e 



SUBJECT: 

Public hearing and consideration of a resolution amending the Hike/Bike 

Trail Plan in the Comprehensive Plan. 


The Parks and Recreation Advisory Board and Parks and Recreation Staff have been 

working with Jim Carrillo of Halff & Associates over the past year and a half on the update to 

the City's Parks and Recreation Master Plan of which the Hike and Bike Trail Plan is a part. 

On January 14, 2010 the Planning Commission and the Parks and Recreation Board had a 

joint meeting with Staff and the consultant regarding the Hike and Bike Trail Plan 

component. 

Subsequently, the Parks and Recreation Advisory Board recommended approval of the 

amended Hike/Bike Trail Plan as detailed in the draft update to the 2010 New Braunfels 

Strategic Parks and Recreation Master Plan. 

• 

City Council was presented the Hike and Bike Trail Plan on September 27, 2010. 

The Hike/Bike Trail Plan is a component of the City's Comprehensive Plan. 


Yes 


Priority: 

2006 Comprehensive Plan 

PtO;:;, ancl Cons Ba;:;,&U 

on Pol1c1es Plan 

Pros: 

Goal 14: Establish and maintain trail and 

greenbelts in proximity to major residential areas. 

Objectives: 

A. As part of the City's transportation plan, 

maintain the city-wide trails and greenbelt 

plan to identify a comprehensive network of 

hike and bike trails, bike routes, pedestrian 

facilities, based on the analysis of existing 

conditions and user needs. 

B. Investigate the possibility of developing 

public access trails and greenways along 

creeks, drainageways and waterways 

throughout the community. 

C. Evaluate alternatives for development of 

hike and bike trails connecting 

neighborhoods to schools, parks and other 


public buildings and facilities. 

Goal25: 

Encourage pedestrian and bicycle 

transportation including provision of 

safe transportation facilities for 

pedestrians and bicycles. 

Goal78: Improve park access for citizens and 

visitors. 

Objectives: 

B. Encourage linear parks, greenbelts, and 

greenways along creeks and drainage areas 

wherever practical. 

Cons: 

None. 


N/A 


On May 4, 2010 the Parks and Recreation Board recommended approval of the 2010 

Strategic Parks and Recreation Master Plan and the Hike/Bike Trail Plan , 

unanimously. 

On September 7, 2010 the Planning Commission recommended approval of 

amending the Comprehensive Plan to include the 2010 Hike/Bike Trail Plan with the 

inclusion of the extension of the Walnut Trail from Dry Comal Creek to Loop 337, 

unanimously (9-0-0). 


Staff recommends approval of the 2010 Hike/Bike Trail Plan with the extension of the 

Walnut Trail from Dry Comal Creek to Loop 337. 

ATTACHMENTS: 

1. Current Hike/Bike Trail Plan 2005 

2. Trail Standards - Excerpt from Draft 2010 New Braunfels Strategic Parks and 

Recreation Master Plan 

3. Existing Trails and Bike Routes 

4. Proposed Trails Plan 

5. Excerpt from Planning Commission minutes from September 7, 2010 

6. Resolution (to be provided under separate cover) 

U:\Pianning\CCagenda\Comp Plan Update 2005\Hike and Bike Trail Plan 2010 CC staff report.doc 

Pa e 2 of2

65 

PLANNING COMMISSION AND PARKS AND RECREATION ADVISORY BOARD 

Special Joint Meeting Minutes 

January 14, 2010 

PLANNING COMMISSION MEMBERS PRESENT: 

Cheryl Casteel (Chair); Fred Heimer (Vice Chair); Troy Bearden; Rick Myrick; Brandon Namken; Roger 

Vann 

PLANNING COMMISSION MEMBERS ABSENT: 

Cory Elrod; Craig Massouh and Derek Seidel 

PARKS AND RECREATION ADVISORY BOARD MEMBERS PRESENT: 

Kyle Estes (Chair); David Davenport; Aria Chapa; Michelle Thomas; Glenn Griffin and Jimmy Blakey. 

STAFF PRESENT: 

Shannon Mattingly, Director of Planning; Stacy Snell, Planning Manager; Cherise Bell, HPO; Holly 

Mullins, Planner; Alison Brake, Planning Technician; "Sam" Sarske, Admin . Asst.; Stacy Laird-Dicke, 

Parks Director; Wade Tomlinson, Parks Planner; Lupe Cervantes, Admin. Asst.; Jim Klein, City Engineer 

OTHERS PRESENT: 

Dean Word; Jim Carrillo, Halff & Associates 

The above meeting was called to order by Parks and Recreation Advisory Board Chairman, Kyle 

Estes, at 5:30 p.m. in City Council Chambers, New Braunfels Municipal Building. 

DISCUSSION AND ACTION ITEM 

Consider an update to the Hike/Bike Trail Plan. 

Ms. Laird-Dicke introduced Jim Carrillo, with Halff & Associates, the consultant retained by the City to 

prepare the 2010 New Braunfels Strategic Parks and Recreation Master Plan. 

Mr. Carrillo discussed the existing trails, current trail projects, types of trails, bicycle facilities, types of 

bridges, special places and community connection/art. He then distributed copies of the proposed trail 

plan and provided information highlighting each of the following trail segments: 

• Fischer Park connection to the South Tributary 

• Dry Carnal Creek Trail inside Loop 337 

• Riverfront between Cypress Bend and the Fairgrounds 

• Camp Carnal trail to the City Center 

• Loop 337/Rueckle Road Trail 

• Alligator Creek Trail 

• Downtown pedestrian trail (working with railroad) 

Board and Commission members discussed the applicability of the plan in the ET J, cost estimates, rightof-way 

acquisition, financing options, operational costs, additional destinations, methods and types of 

construction, trails for specific uses (e.g. jogging), the effect on future development and the approval 

process. After additional discussion, the Planning Commissioners requested the following : 

• Place a general statement regarding trail development on the plan; 

• Enlarge the map by dividing it into quadrants so that trails were more readily visible; and 

• That the Parks and Recreation Advisory Board review the plan in detail and forward their formal 

recommendation to the Planning Commission. 

ADJOURNMENT 

There being no further business, the meeting adjourned at 7:00 p.m. 

Chair 

Date 

U:\Pianning\Minutes\PianningCommission\201 0 minutes\pz 01-14-10 Parks Bd min.docx 

Planning Commission & Parks Board Minutes - January 14, 2010 

Page 1 

ATTACHMENT 1

DRA FT FOR DISCUSSION 

I 

66 

Why Plan for Trails in New 

Braunfels 

New Braunfels has enormous potential for trail 

:opportunities along the rivers and creel< system. In 

conversations with residents of the City, trails were 

mentioned time and time again as one of the principle 

recreation facilities they would love to have. No 

matter where one goes in Texas or across the United 

State, trails are popular. They are extensively used 

and enjoyed by the residents in those places. Trails 

offer many benefits: 

11 They can be used by everyone, from the very 

young to the very active to the elderly. 

11 Trails provide opportunities to engage in 

exercise in a fun setting, whether by simple 

walking or through more strenuous use such 

as running or cycling. They help us lead a 

healthier lifestyle. 

11 Trails provide alternative ways to commute to 

key city destinations, work, schools, and retail 

areas. 

11 Trails support economic developn:3nt by 

creating attractive greenbelts that can 

revitalize areas and enhance neighborhoods. 

Trails provide access to local businesses, and 

provide tourism opportunities. A great system 

of places to wall< and ride to will make New 

Braunfels an even more attractive place to live 

and invest in. 

ll Trails help preserve greenbelt areas and help 

beautify linear park corridors. 

11 Trails help us learn about the history and 

culture of New Braunfels by preserving key 

historical features and areas, and by making 

these more accessible to view. 

Purpose of the New Braunfels 

Trails Plan 

This strategic master plan envisions a system of trails 

that connects all of New Braunfels, by allowing one to 

go from one end of the city to the other in a fun and 

healthy way. This plan will identify key trail corridors 

and guide the creation of a citywide network. A plan 

such as this will provide guidance on the preferred 

location for trail corridors and will help the City acquire 

greenbelt corridors for trail use. A trails plan will also 

provide a framework through which the City of New 

Braunfels and the private sector can work together to 

jointly create spectacular trail corridors. Finally, this 

plan will help New Braunfels staff, elected officials 

and citizens make informed decisions as to how to 

fund trail development in a satisfactory manner. 

The development of a trails plan clearly speal

Trail Standards 

67 

DRAFT FOR DISCUSSION 

) 

This trails plan is flexible; it must continue to be 

useful even as New Braunfels grows and changes. 

This plan will serve the City for many years, but 

should be periodically updated so as to reflect current 

conditions within the City and the surrounding areas 

of Coma I County and Guadalupe County. 

Typical Trail Users 

A variety of activities can take place on trails. 

Trails should accommodate those that enjoy being 

outdoors, those that want to run or ride a bicycle, or 

those that simply want to be with each other. Trails 

users vary from the young to older residents of the 

City. Trails can even accommodate horseback riding 

or residents who want to travel via kayak. New 

Braunfels' trail system should have something for 

everyone, including the following typical types of trail 

users. 

Walkers seeking exercise and recreation 

- typically these users are walking along a pleasant 

corridor. They may include senior citizens, parents 

with children, or someone walking their dog. They 

users can occupy a significant portion of the trail due 

to walking side by side. 

In line skaters -typically these users use trails for 

fun and fitness. Due to the swinging motion of their 

arms to increase momentum, skaters occupy a large 

cross section of a trail. 

Recreational or inexperienced cyclists - 

typically these users are interested in exercise and 

activity, as well as scenic appeal. Ease of access 

to the trail system is important to them. They prefer 

more interesting trail alignments rather than trails that 

favor higher speeds. This group may also include 

children and youth going to school. 

Joggers or runners - typically these users 

exercise at a higher speed than walkers. They often 

prefer softer trail surfaces such as decomposed 

granite trails. 

:!; HALFF Page 5.2

DRAFT FOR DISCUSSION 68 


. ......, . 

- ~· 

Mountain bikers - these trail users travel on Equestrian riders - these users require 

more natural trail surfaces, and prefer trails with completely separate trails from other users to ensure 

challenging terrain. 

the safety of the riders, other users, and horses. 

Higher speed cyclists and commuters 

- these riders favor roadways over off-street trails. 

For off-street trails, alignments with shallower curves 

are favored by these users which allow for higher 

speeds. Increased trail widths are recommended to 

reduce conflicts with other trail users. 

Paddling trail users - paddling trails allow 

access to water featuresJor canoeing and kayaking. 

These users often require docks at both the starting 

and take out locations. Parking near these locations 

should be provided for boat trailers. 

The 2010 New Braunfels Strategic Parl


69 


) 

Categories of Trail Types for New 

Braunfels 

Trails in New Braunfels will encompass several key 

types offacilities, each with its own size and character 

requirements. Categories of trail types are discussed 

in greater detail below. 

Regional or arterial trails - community wide 

trail$ should have a high priority, since they provide 

the connectivity between many different parts of 

the City. Community wide trails are intended to 

provide access from one part of the City to another. 

In essence, these trails become the "spine" system 

for the City, providing an easy route to travel longer 

distances. These trails are typically at least ten feet 

wide, but in some cases may be up to 12 feet wide 

where a significant volume of users are anticipated. 

These trails should be constructed using concrete 

• or asphalt. A suggested option is to provide a soft 

surface running trail, at least five feet wide, along 

one side of the concrete trail. Access pints to the 

trail should be located every 1/2 mile. Other facilities 

offered at or along a regional trail include: parking, 

locator maps, water fountains, shade shelters, bicycle 

racks, and interpretive I historic signage. 

concrete for long range durability. However, they 

can also be constructed of asphalt or crushed granite 

if no danger of excessive flooding occurs. Tighter 

curves are allowed to introduce interest into the 

trail segments. Access points to the trail are from 

neighborhoods, streets, parks or schools. 

Natural corridor trails - natural trails typically 

are a compacted earth surface. Nature trails should 

be at least six feet in width, but in some cases can 

be 10 to 12 feet in width to allow for great visibility 

within the understory. Normal obstructions such as 

roots, rocks and understory vegetation should be 

cleared from the walking pathway. An additional two 

to four feet shoulder zone is needed on either side 

of the trail. Bridges and drainage crossings should 

be constructed using wood and timber materials, and 

should be rustic in appearance. 

Neighborhood trails - neighborhood trails 

provide access from each neighborhood to the larger 

arterial trails. Neighborhood trails are typically only 

six to ten feet in width, and are constructed with 

m HALFF Page 5.4 

Our Parks - Our Heritage, Our Future


70 


Greenway corridor natural trails - potential 

natural corridors exist along many of the creel


71 


Trail Amenities 

Typical amenities that can be found along traills or at 

!railheads include the following. 

Water fountains a water fountains provide 

drinking water for people (and pets in some cases). 

Water fountains should always be placed in shade or 

under trees to help keep the water cool. 

Interpretive installations a interpretive 

installations and signs can enhance the trail 

experience by providing information about the history 

of New Braunfels. Installations can also discuss 

local ecology, environmental concerns, and other 

educational information. 

Art Installations - local artists can be 

commissioned to provide art for the trail system, 

making it uniquely distinct. Many trail art installations 

are functional as well as aesthetic, as they may 

provide places to sit and play on. 

Bike racks - bicycle racks allow trail users to 

safely park their bikes if they wish to stop along 

the way, particularly at parks and other desirable 

destinations. 




72 


.. 

. . ·-· , .. 

..... ., . 

~~· . 

( 

Restrooms = restrooms should be placed where 

appropriate such as at major !railheads or as 

previously existing in city parl


73 


) 

Pedestrian Bridges and 

Underpasses - Barrier Crossings 

Pedestrian bridges are required in locations where 

typical drainage channel crossings spans anywhere 

from 50' to 200'. These bridges may be typical prefabricated 

designs, but should always strive to be a 

step above the customary steel bridge design. 

From a user's perspective, bridges should be at least 

as wide as the trail; preferably one to two feet wider on 

each side. This is so pedestrians can stop and view 

the adjacent scenery without obstructing the trail. 

Any bridge that is specifically designated for bicycle 

traffic must have appropriate railing for bicyclists. 

Texas has adopted the AASHTO Bridge Design 

Specifications requirement that railing of bridges 

that are designated for bicycle traffic should be a 

minimum of 54 inches high with the same restrictions 

on openings as for pedestrian railing. Pedestrian 

railing openings between horizontal or vertical 

members must be small enough that a 4-inch sphere 

cannot pass through them in the lower 27 inches. For 

the portion of pedestrian railing that is higher than 27 

inches, openings may be spaced such that an 8-inch 

sphere cannot pass through them. Decking material 

should be firm and stable. Bridge approaches and 

span should not exceed 5% slope for ADA access. 

Bridges should accommodate maintenance vehicles 

if necessary. Bridge structures should be out of the 

1 00-yearfloodplain. Footings should be located on the 

outside of the stream channel at the top of the stream 

bank. The bridge should not constrict the floodway. 

All bridges and footings in the stream corridor will 

need to be designed by a registered geotechnical or 

structural engineer. Cost, design and environmental 

compatibility will dictate which structure is best for the 

trail corridor. 

be designed to accommodate a "shelf' for a trail. 

Safe and easily accessed crossings at major 

highways, drainage channels or the Guadalupe and 

Carnal Rivers should be included in the overall plan 

for New Braunfels. All major crossings will require 

partnerships and coordination with TxDOT or property 

owners. 

At Grade crossings - utilizes crosswalk 

markings, crosswalk signals and timers, special 

paving, accessible ramps, and decorative lighting to 

designate crossing locations. 

Underpass crossings - typically will go under 

existing bridges to create a safe crossing. Connections 

to street level are required to allow access to and 

from the trail corridor. 

Underpasses provide a more direct route to go 

under a busy street. From the standpoint of a user, 

underpasses should be well lighted and attractive, and 

most of all project a sense of security. All vehicular 

bridges added in New Braunfels in the future should 




74 


' ... -.'fY ; 

. . ·-·· 

Bridge crossings - location for signature 

pedestrian bridge to facilitate crossing the Carnal 

and Guadalupe Rivers, as well as major arterials and 

creel

) 

Existing Trails in New Braunfels 

Today 

There are several trails located in the parks around New 

Braunfels. Chapter 3 of this Master Plan notes that there 

are 5.9 miles of trails in the City, and most of these trails 

are looped systems within parks. Some of the more 

commonly used trails in New Braunfels are the Panther 

Canyon Nature Trail, the looped trail in Torrey Park, and 

the Arboretum Trail in Landa Park. 

iii HALFF Page 5.10 Our Parks - Our Heritage, Our Future


76 

Bicycle Facility Standards 

. ,..._ 

" ~ .,. ; 

.a - • ...---· • • 

Types of Btcycle Facilities 

Bicycle facilities include the infrastructure on which 

bicyclists travel. There are several types of bicycle 

facilities that could be offered in New Braunfels on 

appropriate streets, and other types that exist but 

may not be appropriate for New Braunfels. Each 

bicycle facility type is described below. 

Bicycle lanes - Bicycle lanes are an on-street 

right-of-way assigned to bicyclists and are designated 

by a lane stripe, pavement markings, and signage. 

Striped bicycle lanes are intended to promote an 

orderly flow of traffic by establishing specific areas 

reserved for bicyclists. Typically, the solid stripe of 

the bicycle lane is either dropped or dashed prior to 

and through intersections, to allow for both cyclists 

and motorist turning movements. 

Sidewalks - Sidewalks may be useful as bicycle 

facilities when: bicycle access is needed and bicycle 

volumes and/or pedestrian volumes are expected 

to be low; right-of-way is constrained; or there are 

traffic safety concerns such as high speeds, high 

volumes, or heavy truck traffic. Bicyclists should not 

iravel faster than the design speed of the sidewalk, 

approximately 5-'10 mph. Bicyclists should not ride 

in the opposite direction of vehicle traffic, even when 

using a sidewalk bicycle route. 

M u lti~use Path - Multi-use paths are paths that 

are physically separated from motorized vehicle 

traffic by an open space or barrier. Multi-use paths 

can be loc3ted within the road tight-of-way, within 

fill independent rigl1t-of-way, or accommodated 

in another way such as within parks. They are 

shared by multiple users including, but not limited 

to, pedestrians, skaters, wheel chair users, and 

bicyclists. 

The surface type is a critical component of multi-use 

paths. Generally, two types of surface treatments 

are used: crushed granite or hard surface pavement. 

Although decomposed or crushed granite can malce 

8 t"eason.:!ble surfBCEl in good conditions, it is nm 

suitable for all applications and can be hazardous or 

difficult for narrow bicycle tires. Depending on the 

anticipated use and its location, one surface treatment 

may prove to be prefen·ed over the other. 

Bicycle Boulevard - These are streets where 

preference is given to bicyclists over cars; these 

streets are designed to effectively divert motorized 

traffic. Design elements could include diverters, 

reconfiguration of stop signs to favor the bicycle 

boulevard, traffic calming devices, shared lane 

markings, and crossing improvements at high traffic 

crossings. Motorized vehicle traffic still has access 

to the residences or businesses, but traffic control 

devices are used to control vehicle traffic speeds and 

access while supporting thru bicycle traffic. 

Bikeway • This is a road or path way that is 

specifically designated for the exclusive use of 

bicycles. It does not necessarily have to be within 

the roadway. 

' 

Protected Bike Lane - This is a bike lane that 

is separated from motorized vehicle traffic by a 

row of parked cars, a curb, or some other physical 

separation. 

Bicycle/Bus/Taxi Shared Lane-A travel lane 

that is restricted to the use of bicycles, buses, and/ 

or taxis. 

Climbing Bicycle Lane - A climbing bicycle 

lane is marked on one side of the road and benefits 

cyclists going up steep hills at slower speeds. 

Shoulder-A shoulder is a continuous portion of the 

roadway which can accommodate stopped vehicles, 

emergency vehicles and bicyclists. A shoulder can 

accommodate bicyclists if it is adequate in width and 

pavement surface as well as has few crossings or 

driveways. Texas legal code allows continuous use 

of the shoulder by bicycles, emergency vehicles, and 

maintenance crews. 

$11ared Lane - Shared lanaa ~11\'l ihe r!ght-iilosi: 

( 

Tl1e 2010 New Braunfels Strategic Parks and Recreation Master Plan Page 5:1'! ;~; H .t\LFF


77 


thru traffic lanes that are 14 feet wide or 

less, measured from the lane stripe to the 

edge of the gutter pan. The lanes are used 

by both bicyclists and motorized vehicle 

traffic, and have pavement markings 

which indicate it is a shared lane. 

Wide Curb Lane-These are the rightmost 

thru traffic lanes that are greater 

than 14 feet wide, measured from the 

lane stripe to the edge of the gutter pan. 

These lanes are used by both bicyclists 

and motorized vehicle traffic; however, 

they do not always have pavement 

markings. 

Shared Roadway - This is any 

roadway upon which a bicycle lane is not 

designated, is not a bicycle boulevard, 

and that may be legally used by bicyclists 

regardless of whether such a facility is 

specifically designated as a bicycle route. 

Shared roadways can be described in 

three ways: shared lane, wide curb lane, 

and paved shoulder. 

Selecting On-street 

Bicycle Facilities 

FHWA Design Bicyclist Facility 

Recommendation Methodology 

suggests a three-tiered approach: 

1) What types of bicyclists is 

the route most likely to serve? 

Group A riders are experienced adult 

.....,.~:--..:.- riders. Group A riders are best served 

~OIIIIil- by making every street bicycle friendly 

and adopting roadway design standards 

that include wide curb lanes and paved 

shoulders to accommodate shared use 

by bicycles and motor vehicles. 

ii: HALFF Page 5.12 



78 


Group 8/C 1iders are beginner adult riders and children 

riders. Group B/C riders are best se1ved by identifying 

lcey travel corridors and by providing designated bicycle 

facilities on selected routes through these co1Tidors. 

To determine tile appropriate roadway design treatment 

to accommodate bicyclists, several factors associated 

with the specific route or project must be assessed: 

2) What type of roadway project is involved 

(new constwction, recornstn.Dction, or 

retrofit)? Bicycle facilities are most easily installed 

with new construction or reconstruction of roadways. 

Ren·ofitting an existing roadway typically involves restriping 

tile existing lanes to accommodate bicycles. 

When working with e}(isting roadways, planners should 

investigate the opportunity to make at least minor or 

marginal improvements. However, where the need is 

to serve group 8/C bicyclists, it is essential to commit 

the resources necessary to provide facilities that meet 

the recommended design treatments. Only then can 

facilities be designated for bicyclists to provide the 

desired access, increased use, and benefit to the 

community. 

3) What are the current & anticipated 

traffic operations and design characteristics 

of the route that will affect the choice of 

a bicycle design treatment? There are six 

traffic characteristic factors that affect bicycle use and 

preferred facility: 

1. Traffic voHume. Higher motor vehicle traffic 

volumes represent greater potential risk for 

bicyclists, and more frequent overtaking situations 

are less comfortable for group B/C bicyclists 

unless special design treatments are provided. 

2. Average motor vehicle operating 

speed. Average operating speed is more 

important than the posted speed limit, and better 

reflects local conditions. Motor vehicle speed 

can have a negative impact on risl< and comfort 

unless mitigated by special design treatments 

(traffic calming). 

3. Traffic mbc Tile regular presence of trucl

Trail Recommendations 

79 DRAFT FOR DISCUSSION 

South Tributary Trail and Fischer Park 

The development of this trail will provide a key connection to many neighborhoods and schools. 

The trail will be along the drainage channel. It will connect many neighborhoods, schools, and parks such as 

Hoffmann Park, Kraft Park and Fischer Park. The approximate length of the trail along South Tributary is 2 

miles, and the length throughout Fischer Park is 1.0 miles +/-. 

Benefiting Sector(s): Southeast sector 

Low Cost Range: $1,750,000 

High Cost Range: $2,500,000 

Priority Level: High 

Proposed Trail Surface: Concrete along the South Tributary; crushed granite or concrete throughout Fischer 

Park. 

Potential Funding Sources: general fund, certificates of obligation, revenue bonds, naming rights, sponsorships, 

TPWD grant opportunity. The Fischer Park trail will be built when the park is developed. The Fischer Park 

portion of the trail is estimated to cost $500,000 to $800,00 as configured by the Fischer Park Master Plan. 

Existing South Tributary corridor 

Our Parl


Trrail Recommendations 

( 

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PARK 

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The South Tributary extends through the southeast portion of New Braunfels. This creek corridor and trail will connect f



Dry Comal Trail Extension 

Currently the Dry Coma! Nature Trail encircles the Loop 337 Baseball Fields. However, this trail can be 

extended and follow along the Dry Coma! Creek connecting to the heart of the city. The trail is proposed 

to follow the Dry Coma! Creek from the existing Dry Coma! trail to Landa Park. This trail will create a linear 

park along an natural greenbelt. Portions of development of this trail may require easements or right-of-way 

acquisition. 

Benefiting Sector(s): West side of New Braunfels 

Low Cost Range: $850,000 



Proposed Trail Surface: Asphalt or concrete in flood prone sections (because of potential for flood damage). 

Crushed granite can be used in non-flood prone sections. 

Potential Funding Sources: general fund, certificates of obligation, revenue bonds,'naming rights, sponsorships, 

TPWD grant opportunity. 



ORAFT FOR DISCUSSION 82 


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Potential trail character that could be inc01porated into DIJ' Coma/ corridor. 

The 201 0 New Braunfels Strategic Parl



River Trail from Cypress Bend Park to County 

Fairgrounds 

New Braunfels has a very rare opportunity to provide a significantly scenic trail along the Guadalupe River 

which will connect the Coma! County Fair Grounds to Cypress Bend Park. When along side the fair grounds, 

users of the trail will be able to look down the bluffs and view the river below. When the trail crosses inside 

Cypress Bend Park, trail users will have the opportunity to walk right along side the river, stopping at their 

leisure to enjoy this rare and natural resource. The development of this trail will require agreement from the 

County Fairgrounds for access to the corridor. 

Benefiting Sector(s): Central 




Proposed Trail Surface: Asphalt or concrete (because of the potential for flood damage) 

Length: 2.0 miles +/- 



Existing Cypress Bend Park along 

the Guadalupe River. 

:55 HALFF Page 5.18


84 


DA 

~ K 

.) 

Tl1e 2010 New Braunfels Strategic Parks and Recreation Master Plan 

Page 5:19 m HALFF



Camp Comal Trail 

Existing use of the 

park is strictly softball. 

There is no visible 

connection to the 

river. Redevelopment 

of this park with a trail 

will provide a unique 

opportunity to the City. 

As mentioned in the previous Chapter of this Master Plan, Camp Carnal has great potential to become a river 

access focal point in the City. The park is located along the Guadalupe River; however there is connection to 

the water front. It is proposed that a trail be developed around Camp Coma I which is adjacent to the river. It 

should be 10 feet wide to allow for multiple users. 

Benefiting Sector(s): East 




Proposed Trail Surface: Concrete (because of the potential for flood damage) 

Length: 1,8 miles +1- 



i!i HALFF Page 5.20

DRAFT FOR OJS CUSSIOI\I 

86 


..... : 

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,. 

"".::. 

.... 

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The 20·1 0 New Braunfels Strategic Parl



) 

Loop 337 I Ruekle Road Trail 

A trail is proposed which will connect the South Tributary corridor to the Dry Coma I Nature Trail. This trail will 

be along Ruekle Road. The trail is proposed to be a ten foot wide parkway sidewalk. 

Benefiting Sector(s): Southeast 



Priority Level: Medium 

Proposed Trail Surface: Concrete 

Length: 3.5 miles +1- 



Examples of ten foot parkway sidewalks 

s:5 HALFF Page 5.22 Our Parks - Our Heritage, Our Future


88 


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MORNINGSIDE 

PARK 

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The 2010 New Bt·aunfels Strategic Parks and Recreation Master Plan 

Page 5.23 1 ~i 

HIILrF=



Dry Coma I Trail (outside Loop 337) 

As development extends south along 1-35, there is a opportunity to develop a trail along the south portion of 

the Dry Coma I corridor to serve existing and future residents. This trail can connect Solms Park to the existing 

Dry Coma! Nature Trail and the Loop 337 Little League Baseball Fields. The recommended width is 10 feet. 

Benefiting Sector(s): Southwest 



Priority Level: Medium to long term 

Proposed Trail Surface: Asphalt or concrete in flood prone areas (because of potential for flood damage). 

Crushed granite is possible in non-flood prone areas. 








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T!1e 20·10 New Bratlnfels Strategic Parks ancl Recreation IVlaster Plan 

Page 5.25 m HALFF



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Alligator Creek Trail 

Alligator Creek is a major creek corridor in the northern and eastern portion of the City. Much of this creek 

corridor is still undeveloped. As areas around the creek are developed, the creek and floodplain should be 

preserved for open space, trail opportunities, and flood control. The trail along this corridor is recommended 

to be 10 feet in width. 

Benefiting Sector(s): North and East 



Priority Level: Medium to long term 

Proposed Trail Surface: Asphalt or concrete in flood prone areas (because of potential for flood damage). 

Crushed granite is possible in non-flood prone areas. 

Length: 5 miles +1- (initial phase) 

Potential "Funding Sources: general fund, certificates of obligation, revenue bonds, naming rights, sponsorships, 


Types of trails 

that could be built 

along Alligator 

Creek 

:5: HALFF Page 5.26 

Our Parl


92 


( 

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The 2010 New Braunfels Strategic Parl



Downtown Pedestrian Trail 

This trail is proposed to follow adjacent to the railroad tracks that pass through downtown New Braunfesl. This 

downtown pedestrian trail is recommended to be ten feet wide. 

Benefiting Sector(s): Central 



Priority Level: High to medium 

Proposed Trail Surface: Asphalt or concrete 




Existing railroad tracks in New Braunfels 

:55 HALFF Page 5.28 

Our Parl


94 


LANDA 

PARK 

Example of a trail adjacent to a railoard. 

The 2010 New Braunfels Strategic Parks and Recreation Master Plan 

Page 5.29 5!: HALFF



Agenda Item No. 4]) 

Presenter/Contact- Nathan Pence, Watershed Program Manager 

(830) 608-2166 - npence@nbtexas.org 

SUBJECT: Discuss and consider possible action regarding support of key components of the 

Edwards Aquifer Recovery Implementation Program. 


The Edwards Aquifer Recovery Implementation Program (EARIP) was created by the Texas 

Legislature in Senate Bill 3 (2007) and is a collaborative stakeholder process to balance the 

water needs ofthe Edwards Aquifer (Endangered Species and Human). Staff and other New 

Braunfels stakeholders have been participating in the regional process, attending regular 

meetings and serving on subcommittees and workgroups. The EARIP is close to completing a 

draft of the final Program Document, an Edwards Aquifer Regional Habitat Conservation Plan 

(HCP). Within that HCP are fundamental issues that affect New Braunfels, and staff seeks 

directive as to support or guidance from council as to New Braunfels' adopted position. 


I City Plan/Council Priority: 


Currently none. However, continued support of the EARIP or requests through the regional 

planning process could obligate New Braunfels to funding or staff support in the future. 


N/A 


Staff recommends: 

1. Support of minimum springflows for Carnal Springs. 

2. Support of Environmental Restoration and Protection Areas in Landa Park 

3. Support of recreation being a covered action in the Habitat Conservation Plan 

City of New Braunfels City Council 


City of New Braunfels City Council 

Edwards Aquifer Recovery Implementation Program (EARIP) Briefing 

I. EARIP Summary 

Due to competing uses, there has always been concern that the Edwards Aquifer may potentially be pumped 

to the point that the Comal and San Marcos Springs cease to flow. The Edwards Aquifer Recovery 

Implementation Program (EARJP) is a collaborative stakeholder process, working to develop a plan to 

protect the federally-listed endangered species potentially affected by the management of the Edwards 

Aquifer and other related activities. The EARIP was created by the Texas Legislature in Senate Bill 3 

(2007) and is overseen by a legislative appointed Steering Committee whose members include water 

utilities, cities, groundwater conservation districts, agricultural users, industrial users, environmental 

organizations, individuals, river authorities, downstream and coastal communities, and state and federal 

agencies. The goals of the plan include contributing to the recovery of these endangered species and 

producing a Habitat Conservation Plan that ensures the species continued survival. The fmal product of the 

EARJP will be in the form of a Habitat Conservation Plan, that must be approved by the United States Fish 

and Wildlife Service and submitted to the Texas Legislature by 2012. Additional information regarding the 

EARlP can be found at: http://earip. tamu.edu/. 

New Braunfels Representation (below entities have attended regular meetings or served on committees): 

• New Braunfels Utilities 

- Roger Biggers, Steering Committee Member 

• City ofNew Braunfels 

- Nathan Pence, Subcommittee Chair and Workgroup Member 

• Chamber of Commerce 

• Comal County 

• Preserve Lake Dunlap Association 

• Schlitterbahn 

II. Details and Outline of Draft Habitat Conservation Plan 

1. Phased Approach to the Implementation of the Habitat Conservation Plan is being considered: 

a. Fifteen-to-25 year permit term 

b. The permit term would be divided into three phases 

1. Implementation of non-engineered solutions (year 0-7) 

a. mitigation and restoration (Attachment 1) 

b. Adaptive Management 

c. Environmental Restoration and Protection Areas in Landa Park (Attachment 2) 

d. Update mod-flow model 

n. Engineered Solution (year 1 0-15) 

1. Possible Aquifer Storage and Recovery 

2. others as needed 

111. Adaptive Management (entire duration of permit) 

1. continued monitoring and changes based on observed results 

2. determination of specific minimum flows 

III. Tentative Minimum Flows to be used for Further Analysis 

1. Stakeholders would determine specific minimum flows during the initial Adaptive Management 

period. 

2. Stakeholders would agree to implement engineered actions needed to attain the "final" 

' 


minimum flows between Years 12 and 14 ofthe permit. 

3. Carnal Springs (flows being considered and modeled) 

a. 30 cfs monthly average 

b. 30 cfs daily average (translates to 45 cfs monthly average) 

c. 50 cfs daily average (translates to 65 cfs monthly average) 

4. San Marcos Springs (flows being considered and modeled) 

a. 45 cfs monthly average 

b. 45 cfs daily average (translates to 53 cfs monthly average) 

c. 65 cfs daily average (translates to 73 cfs monthly average) 

IV. "Bottom Up" Approach 

1. The "bottom up" approach stacks up non-engineered solutions to get as close as possible to the 

flow targets and then uses an engineered solution to close the "gap." (Attachment 3) 

2. A Stage V reduction in the Critical Period Management ofthe Edwards Aquifer is being 

considered: 

a. Max pumping during Stage V = 320,000 acre-feet. 

b. Stage V is intended to be a reduction that is triggered only when all else has failed to slow 

the reduction of springflow during a severe drought. 

c. Trigger J -17 water level of 625 feet 

V. New Braunfels Concerns 

Questions Facing New Braunfels 

1. Flows - Does the City of New Braunfels support the minimum flows of 30-65cfs monthly average 

that are being recommended for Carnal Springs by the EARIP? Flows from Carnal Springs would 

only reach these minimum flows during the drought of record (drought of the 1950's). Important 

points to note: currently in the drought of record flows would be anticipated to reach 0 cfs, a 

minimum flow of 30 cfs monthly average represents dry spring runs but water in the main body of 

Landa Lake and the old channel, and current flows during Oct /Nov 2010 have been around 325 cfs. 

2. Does the City of New Braunfels support Environmental Protection and Restoration Areas proposed 

by the EARIP to be built in Landa Park (Attachment 2)? The EARIP has acknowledged publically 

the aesthetic, economic, and cultural importance of Landa Park, and understands that all designs 

would have to consider these points. 

3. Does the City ofNew Braunfels support Recreation being a covered action in the Habitat 

Conservation Plan? A covered action is an action that is assumed to cause take of the Endangered 

Species and is requested to be covered in return for mitigation and minimization efforts reducing the 

take and benefiting the effected Endangered Species. 

Page3of9

AIT.-\.CIDIE:\11 

Summary of Rec;1oution. :\Jinimizatiou and :\litigation Actions 

9/29/2010 

San Marcos Sprin~s Snt~m 

1. Protection ofTexa o;. wild-rice (Zf:mria tex01ra): 

a. Access and Exclmion Zones, to protect Texas Wild Rice from recreational 

impacts i.u par~ at low flow& 

b. floating Vegetation Removal 

c. Sedimentation Removal 

2. Prohibition of hazardous materials route& that eros~ the River, spring ~. or a ~soC"iated 

direct tributaries. 

3. Stop or limit introduction s of non-native ~pecies by aquarium "dump ~'' . 

4. Stop or limit introductionb of non-native •,pecies by the use of non-nati\·e bait !.pecie~ . 

5. Include printe landowners (river'iide and tributruy) in riparian restoration. 

6. Restoration of ripru·ian zone with native vegetation (public lands) 

7. Control ofhannful non-natives: 

a. dome ~ tic waterfowl 

b. tilapia (Oreoclwomis aureus) 

c. nutria (.vlyocasto1· CO)'plls) 

d. armored catfi~h (family Loricariidae. Hypostomu.s ~ pp. and Ptmygoplicllthys o:.pp.) 

e. ramshorn (Uari.sa comuarieills} 

f .Melmroidcs mbcrculatus 

g. hydri11a (Hydrilla venicillata) 

h. hygrophila (Hygroplrila polyspen11a) 

1. elephant ear~ (Coloca.sia esculenta) 

J. water hyacinth (Eichhonria cra.ssipes). 

8. Create emergency plan inca~ of dam failure. 

9. E~tabli shment of ag_gressiYe and frequent water quality monitoring that considero:. 

location. time of day. day of week. time of year, and all water quality parameters deemed 

~ ignificant. 

a. Surface 

b. Ground 

c. Stormwater 

10. Implementation of Best Management Practice!; (Btv!P ~ ) to addreso:. storm water qualit"j 

nmoff in and around Spring S)'!item as ·well as discharging to the San :Marcos River from 

Spring bke down to the location of the City· s wa'.tewate1· discharge; could include 

stomnvater retention pondo:., water quality ba•,ins. rain gardens. wetlands. and stom1 ;ewer 

filters. 

11. Replacement of inno:.i\'e Yegetation with Texas wild-rice in at·eas of suitable habitat with 

a goal of maintaining 1000 m 2 ofTexas wild-rice. 

12. E '.tablisb incenti\'e progJam that p1·omote., new low impact de\'elopment and reduce ~ the 

percentage ofimpen·ious cover. 


99 

13. Support the elimination of the uo:.e ofcoaJ tar ">eaJants. 1 

Comal Sprin:s SYstem 

I . Control ofhannfulnoo-natives: 

a. tilapia (Oreoc/1/'omis aureus) 

b. annored catfhh (family Loricariidae. Hypostomus spp. aud Ptt!l ygoplichthys !.pp.) 

c. J'alll'Jbom (Mm·isa cormwrietus) 

d. ."A,ifelanoides ntbe1·crilatus 

2. Optimization of fountain Darter (EtheostomafonJicola) Habitat in the Old/New Cha!lJlel 

of the C0111al River 

3. E ~ tabli shmeut of riparian zones aud removal of ..ediment iu sele

At tht September 24. 2010 meetiug. the Steering Committee eortablished a Work Group to re\·iew 

and make recommendation~ regarding the proposal ofth£ National Fi~h Hatchety and Training 

Center to operate and maintain refugja for the Hsted o:.pecieo:.at Fi:;b and Wildlife Sen·ice's San 

!\·farces. Uvalde. and Iokr, Dam facilitie. Accordingly. the ~pecific r; and ~ope of this measure•, 

are not C\IITently available. 

Additional information regarding the re~toration and mitigation actions recoliUllended by the 

EARIP Eco>y',tem Restoration Subcommittee can be found at: 

http J/earip. taruu.eduiEARIPMeetin!!s!Se;p091 0/09-03- 

10%20Attaclunent%205%20Ecosystem%20RestorationSubcommittee%20Final%20Repot1.p_pt.p 

df 

Or from Ed Oboroy'!. Eu\·ironmeutal Re~toratiou and Protection Area•. at: 

http://wv.w .earip.or!!/EARIPMeetings/J ul2 710/07-2 8-1 0%20ERPAs%20Presentation%20CBio 

We~ t).pdf 

or from the LlDi Water Quality Work Gmup at: 

http: /Jearip. tamu. edu.IEARIPMeetiug'OISep091 0/09-03- 

1 0%20Artaclwleuf-11204 REPORT%200F%20EARIP%20LID%20Subwork%20Group.pdf 


Attachment 2 

Landa Park Environmental Protection and Restoration Area 

Component 1 - Spring Run 3 Riffle Beetle Habitat 

Spring Run Connectivity 

Spring Ru.n 3 - Riffle Beetle Habitat 

",.J..l. 

·~ 

' 

SPRING RUN 3 RECIRCULATION 

LANDA LAKE INUNDATION MAP 

Jl... 1 ~JI ) 


Hl 

Attachment 2 

Landa Park Environmental Protection and Restoration Area 

Component 2 - Old Channel of Co mal River Research Area 

0 50 100 200 N 

--=:~--==--- Feet !'\ J.. 

ERPA/Experimental Area Site Map 

t ARIP Coma! t;pflr);gS 

lntensMo- ManagE-mert A rc-.:~ 


103 

Attachment 3 

Numbers in the table represent the number of months that springflow would be below the target 

flow. As you move across the table form left to right, additional components of the plan are added 

and the number of months below desired springflow is reduced. 

Springflow Occurrences below Given 

Thresholds (1947-1973): Stage V, Option 1 

Sprincflow occ:unenus below Given Tbtesh.olds {1M7-1973) 

Number of Months 

Spring 

IIOTTOM-UP 

PROGRAM: 

IS PO 

IIOTTOM-UP 

PROGRAM: 

ISPO+ 

consenmion 

BOTTOM-UP 

PROGRAM: 

151'0+ 

Conserwtion + 

SAWSASR 

IIOTTOM-UP 

PROGRAM: 

ISPO+ 

conservation+ 

SAWSASR+ 

0 

38 

26 

21 

0 

30 

54 

36 

34 

2 

co mal 

60 

73 

58 

55 

28 

87 

67 

san Marcos 

52 

80 

20 

52 

1A 

50 

u 

50 

3 

48 

2 

48 

100 

108 

105 

102 

102 

102 


Hl4 

/


NOVEMBER 8, 2010 

Agenda Item No. L./£: 

Presenter I Contact - Shannon Mattingly, Planning Director 


SUBJECT: 

Discuss and consider approving a contract to develop a regional 

transportation plan to support the creation of a Metropolitan Planning 

Organization (MPO) 


In 1962, the Unites States Congress passed legislation that required the formation of a 

Metropolitan Planning Organization (MPO) for any urbanized area (UZA) with a population 

greater than 50,000 to allocate funding for transportation projects and programs. This federal 

funding is to be spent in a manner that encourages metropolitan region-wide plans developed 

through intergovernmental collaboration , rational analysis, and consensus-based decision 

making. 

The City of New Braunfels has been experiencing growth at a rate of 5 to 6% annually since 

2000 and the population of the City of New Braunfels has expanded to an estimated 58,520 

as of January 1, 2010. The City anticipates these numbers to be confirmed with "the 

completion of the 2010 census. 

The City of New Braunfels and the City of Seguin are interested in jointly pursuing the 

possibilities of forming a regional metropolitan planning organization within Comal and 

Guadalupe Counties. Part of this process will be to create a regional transportation plan. This 

regional transportation plan will: 

• review both the City's and the County's existing plans; 

• make recommendations on the consistency of these plans; 

• determine the appropriate types of road sections; and 

• review the environmental aspects of relocating and expanding roads and proposing any 

new roadway alignments. 

This item is currently identified in our approved budget and the City of Seguin has also 

approved $25,000 to go towards this project in their current budget. This process will include 

extensive public participation through community meetings and presentations to City and 

County Officials. 


Yes 2006 Comprehensive Goal 21: Provide a system of convenient and safe 

Plan: 

transportation facilities through comprehensive, 

cooperative and continuing transportation system 

planning and development. 

Page I of2


Staff is currently negotiating the scope of services and cost. Staff will provide it to Council 

once it is available. · 




N/A 

U:\Pianning\MPO\MPO resolution staff report.doc 


~J N~~ Braunfels City Council Agenda Item Report 


Agenda Item No. Ill£ 

Presenter I Contact- Shannon Mattingly, Planning Director 


SuBJECT: Public hearing and consideration of the first reading of an ordinance rezoning 

47.97 acres located on the west side of Oak Run Parkway, approximately 2,000 

feet north of Loop 337, from "R-1A-8" Single-family District to "Enclave at 

Westpointe Village Planned Development District" with Concept Plan. 

APPLICANT: 

Westpointe Residential 

11202 Disco Drive 

San Antonio, TX 78216 

OWNER: 

Investor Grosenbacher Partnership 

11202 Disco Drive 



This portion of the Westpointe development, known as The Enclave at Westpointe Village, was 

zoned R-1A-8 with restrictions in 2007. Restrictions included masonry and height limits 

adjacent to Hunters Creek, and no street connection between the two subdivisions. 

The applicant is now requesting a Planned Development District (POD) with R-1A-8 base 

zoning. The POD allows departures from some ordinance standards while increasing others, to 

provide an enhanced overall product that could not be achieved under a regular zoning district. 

The land use will remain single-family residential. 

The Concept Plan presents a residential neighborhood of 136 single-family lots with 

meandering streets and common open space. The gross residential density is 3.06 units per 

acre. Over 9 acres of park/open space are proposed within the subdivision. The developer is 

proposing to dedicate 10 acres of parkland on Mission Hill to the City. The Parks Department 

will review the proposed parkland dedication as part of the platting process for the property. 

The original concept plan, as reviewed by the Planning Commission, called for 6-foot wide 

meandering sidewalks that would be located mostly within the private property of individual 

residents. However, once the homebuilder was established and further coordination and review 

was completed between the developer and the builder, the plan has changed to 5-foot 

sidewalks located within the private street right-of-way. The applicant states this configuration 

will eliminate pedestrian traffic, which comes with increased liability, from the individual 

residential lots, while providing a 4.5-foot wide planting strip along both sides of the streets for 

new trees and landscaping to be installed. This new sidewalk configuration is illustrated by the 

typical street section on the concept plan. 

Restrictions from the former zoning have been incorporated in the proposed development 

standards. All standards of the R-1A-8 base zoning will apply unless specifically modified by 

the POD, as detailed in the table below. 


Departures from ordinance standards, detailed in the POD Development Standards, include: 

R-1A-8 with restrictions 

Enclave at Westpointe Village POD 

Min. lot size 8,000 sq. ft. 7,000 sa. ft. 

Average lot size 8,000 SQ . ft. 9,413 sa. ft. 

15 ft at 25' setback line; 59 ft at front 

Min. lot width 70ft setback indicated on plan (cul-de-sac lots) 

Side setback 5 ft interior; 15-25 ft corner 15 ft adjacent to Westpoint Dr; 

5 ft all other lots 

Access points >50 lots require 2 access points gated entry; secondary exit/emergency 

access 

Building coverage no maximum 33.15% averaQe 

Sidewalk width 4ft. 5 ft. 

Building material rear/sides masonry adjacent to rear/sides masonry adjacent to Hunters 

Hunters Creek 

Creek 

Max. building heiQht 35 ft; 1-story adjacent to Hunters Crk 35 ft; 1-storv adjacent to Hunters Creek 

Connectivity no connection to Hunters Ridge no connection to Hunters Ridge 

Parkland dedication 1/150 acre (209.4 sq . ft.) per dwelling 9.167 ac. of natural areas within the 

subdivision, and 10 ac. park dedication on 

Mission Hill (requires Parks Department 

approval) 

The following deviation from street design standards are also requested : 

R-1A-8 

Enclave at Westpointe Village POD 

Tangent bet. reverse cuNes 50ft none 

Distance between trees and minimum 6 feet from face of trees to be located within the 4.5-foot 

back of curb curb planting area 

Tangents between reverse curves help prevent drivers from cutting curves and driving into 

the oncoming lane of traffic. If the proposed standards are approved, the City Engineer 

recommends that a center stripe be utilized. 

A typical local residential street section provides 30 feet of pavement width, which includes 

14 feet of travel lane and 8 feet on each side for street parking. The applicant's original 

submittal proposed 28 feet of pavement width, and the City Engineer and Fire Marshal 

recommended parking on only one side of the street to maintain proper lane width for a fire 

truck. After discussion at the Planning Commission meeting, the applicant revised the 

pavement width to meet the City requirement of 30 feet. 

Because of the proposed street design, the City Engineer does not recommend the City ever 

accept the private streets should the Homeowners Association request that in the future. 

Although drainage plans are not a Planned Development District requirement, an extensive 

review has been done and determined that the identified drainage facility meets all City 

requirements. 

In making a determination on zoning, City Council considers the following factors: 

• Whether the permitted uses will be appropriate in the immediate area, and their 

relationship to the area and to the City as a whole; 


) 

• Whether the change is in accord with any existing or proposed public schools, streets, 

water supply, sanitary sewers, and other utilities to the area; 

• How other areas designated for similar development will be affected; 

• Any other factors that will substantially affect the public health, safety, morals, or 

general welfare; and 

• Whether the request is consistent with the Comprehensive Plan . 

This item was tabled at the Council's October 11, 2010 meeting. 

The developer held a meeting with the Hunter's Creek neighbors on October 18, 2010, and held 

a second meeting with the neighbors on Tuesday, October 26, 2010. 

General Information: 

Size: 

Surrounding Zoning 

and Land Use: 

47.97 acres 

North- R-1A6.6/ Single-family residences 

South - MU-8 I Vacant 

East- MU-A I Vacant 

West- APD I Vacant (NBISD property) 

Comprehensive Plan/ Future 

Land Use Designation: 

lmprovement(s): 

Low Density Residential 

None 

• 

Notification: 

Public hearing notices were sent to 18 property owners located within 200 feet. Four 

responses in objection were received (#9, 12, 15, 17) and none in favor. 


Yes 


Priority: 


Pm~ c1wi Cons Ba.secl 

on P )1/Cir::~ Plan 

Pros: 

Goal 1A Evaluate proposed zone changes to 

maintain land use compatibility, as well as the 

integration of mixed land uses as a component of 

achieving better places to live. 

The proposed zoning is consistent with the future 

land use plan as well as adjacent land uses. 

Goal 3A Encourage designs that provide for the 

preservation and protection of open space and 

natural resources and minimize disturbance of 

native vegetation. 

The subject property is located over the Edwards 

Aquifer recharge zone, where preservation of 

open space and native vegetation is important. 

Standard residential zoning does not require the 

natural/undisturbed areas or the maximum 

impervious cover proposed in the POD 

development standards. 


I I 

I Cons: 

None 


N/A 


The Planning Commission held a public hearing on August 3, 2010 and recommended 

approval of the zoning with the following requirements: 

1. Lots 29 through 42 and 52 through 66 must abide with the single story and masonry 

requirements; 

2. Streets with 30 ft. pavement widths include a centerline stripe; 

3. Amend the Concept Plan Summary Table to show 15' side setback along 

Westpointe Dr.; and 

4. The percentage of varying lot widths must be kept the same as shown on the 

Concept Plan. 


Staff recommends approval of the proposed Enclave at Westpointe Village Planned 

Development District (POD), which has been updated to include the Planning 

Commission's recommended changes and is compatible with area development and 

consistent with goals stated in the Comprehensive Plan. The revised sidewalks are a 

change from the meandering walkway originally proposed, but staff believes they will still 

provide an attractive streetscape. 

ATTACHMENTS: 

1. Application and Site Plan 

2. The Enclave at Westpointe Village POD Concept Plan (full-size provided in packet) 

3. Zoning Map 

4. Existing Land Use Map 

5. Future Land Use Map 

6. Aerial Map 

7. Notification Map 

8. Sec. 3.4-2 "R-1A-8" Single-Family District 

9. Sec. 3.5 Planned Development Districts 

10. Excerpt from the Planning Commission minutes of August 3, 2010 

11. Ordinance 

Y:\CCagenda\ZoneChgs&SUP\20 I 0 Cases\ Westpointe PDD I 0-25 -1 O.doc 


J·-· 

. · City of 

~ ~ I 1\Je-vv _f!raunfeills 

"""" . 

. ! [" l"P . ...-- . - 

-· - c 

. . . ·. 

111 

AP.PlL l! CAT I ON FOR 

ZONE CHANGE 

424 S . CASTEL L A VB!V U E 

NEW B R A l.I NFE LS TX 7 81 3 0 

£-,WAIL: plannimJ(iiJnbtexas.org· 

PHONE: (830) 221-4()j (J FAX: (830) 608-2/09 

1. Applicant -If owner(s), so state; If agent or other type of relationship, a letter of authorization must be 

furnished from owner(s) at the time submitted. 

Name Westpointe Residential (Attn: Joey Guerra) 

Mai/lngAddress 11202 Disco Drive 

Telephone: {210)495-8777 Fax:(210)499-4217Mobile: _______ Email: ____ _ 

2. 

Property Address/Location: NWC of Oak Run pkwy and Westpointe Drive 

3. 

legal Description: 

Name of Subdivision: 

N/A 

Lot(s): Block(s}: Acreage: 47.97 

4. 

Existing USe of Property: Undevelo~ed 

5. Proposed Use of Property (attach additional or supporting infonnation if necessary): _____ _ 

Planned Development District (PDD) for Residential Lots 

6. Zoning Change Request: Current Zoning: RlA-8 Prop~Zonmg,~PD~D~------ 

If "POD Planned Development District", check if: Concept Plan X OR Detail Plan. ____ _ 

7. Reason for request (please explain in detail and attach additional pages if needed): ----- 

Planned Development District of "The Enclave at Westpointe Villagen 

with base zoning of RlA-8 and approximately 139 lots . 

8. ATTACHMENTS: 

X 

X 

~8 

X 

X 

Metes and bounds desCription or survey and map if property iS not platted. 

location in 100-year floodplain: Please provide a map of the floodplain overlaying the property proposed for 

zoning or, at a minimum, a copy of the proper FEMA flood map, with panel number. {Current floodplain maps are 

those most recently adopted by the City Council.) 

Map of property In relation to City limits/major roadways or surrounding area. 

If requesting a Planned Development {PO), applicant must provide development standards on the detail plan 

and/or provide the standards in a separate doaJment as described In the Zoning Ordinance, Section 3.5. Provide 

14 copies of the 1:200 for distribution with 4 copies of 1:200 and one legible 11X17 of the revisions. 

hereby tequests rezoning of the above described properly as indicated. 

~~~~+-~----~----~(o_~~er~) ~&U~~~~ 

For Office Use Only 

Fee Received By : -~ Amount $/. ~()0 Receipt No.: I 79 7oo 

Date Received: '/3o /, o Zoning slg~ issued: Date: 

Cash/Check Number:___./'""0::..:.1 .... 

.2-_,__ _____ Case Number: P 2 I 0 - J. 7 

7 ( t No. --=5==---- 

U:\Pianning\Applications\Zone Change.DOC 

ATTACHMENT 1

Environmental Dens ity (37.5%) 

Slnglo Famllv Homoo (typ) - ---- ....._ 

Oak ktllJ )>~ 

Total Site: 1,936,474.00 l't' (44.45533 acres) 

L J G • \Udo toJoand or i n 9' Walk way 2 . 1 .. 40,454.00 rt• (0.92810 aoros l 

II( Sin9lo ITamil.y Dr.Lvaway . . . . 5.1'1 1 10,1 GO. OO rt• (2 . 5 4200 .IIOroa} 

f.".'l rlublio Rtroot t"oviJuJ, , •. , . 1 . 1 ~ 149, 649.00 n • (3. 435~ aoro•) 

1 

; ·: :Jin9lo l""•i ly Ho-• (typ). 21. 9ft 424,691.00 et• 

ltii Vorviouc •..............•.. GZ:.S't 1,210,90G.DO tt• 

(9.14910 aon.•) 

r--Commono wl Notural Landoc.o.plng 

t• • 60 teet 

I-" 

I-" 

1\:) 

;!i!l 

t 

Aroos Compared To Site (44.4%) 

CO..On• w/ llftt ural t.Audsoap1n~ 20. ,,. 400,11l1152 , 00 rta ( !),103.34 :wra•J 

ttoandorinv Front Yard (COYin9) 23, ... CGO, 116. oo tl • 

R .. 11inino n1to .••.• • • ......• •• ss.G" 1,015,826.1' tt• 

110. 5GU2: acro•J 

(24. 6!)151 11or••> 

THE ENCLAVE at 

WestR~liJ~~ 

ltQ.d.j ... Del\.• t.oJti'J ~ !. a nnd 

200,C0 1 1!1 ' 20 ' 52' ~3.!7' !3. .. 1 ' 

too.to• lll' l5'$n• ' 113.10' :ru,,.,. 

ZtMJ.OCI' UJ' lO'll" •:tl.ll' , ~2:. :n• 

.,,,,,,. "U'41'1Q• Ul.ll' 

~l5 , CU' 

.. 

I 

I 

II 

llO.OO' 110' 11 ' 20" C54 . U' ]ll.D6' 

100.on• 16'' 11J ' 3'" "3D.::t.. • n~.

113 

The Enclave at Westpointe Village 

Planned Development District 

BASE ZONING DISTRICT 

This Planned Development District (PDD) will have the base zoning requirements of the 

R-lA-8 zoning district as described in the current zoning ordinance of the City of New 

Braunfels. This project area is currently zoned R-lA-8. Westpointe Residential 

(Developer) proposes a Planned Development District that will accommodate modified 

street and lot layout for a sustainable community that provides generous native 

landscaped areas, unique lot diversity and pedestrian friendly circulation. 

CONCEPT PLAN REQUIREMENTS 

RELATION TO COMPREHENSIVE PLAN 

This project area is currently zoned R-lA-8. The project area and proposed use are in 

accordance with the Land Use Plan and Major Thoroughfare Plan depicted in the City's 

Comprehensive Plan. Thus, the new PDD will directly align with the Comprehensive 

Plan as set out by the City of New Braunfels. 

ACREAGE 

The proposed Development District area is 47.97 acres. This includes the subdivision 

area of approximately 44.46 acres and right-of-way area within the proposed Westpointe 

Drive. 

SURVEY 

An accurate survey of the boundary of the district is included as an attachment. 

LAND USES 

The land use is single family residential. 

GENERAL THOROUGHFARE LAYOUT 

The attached Concept Plan includes the general thoroughfare layout. 

ATTACHMENT 2

114 

DEVELOPMENT STANDARDS 

The general development standards are as follows: 

BASE ZONING: 

TOTAL ACRES: 

NUMBER OF RESIDENTIAL LOTS: 

LOTS/ACRE: 

PARK/OPEN SPACE: 

LAND USE: 

TOTAL SIDEWALK (5-FT.): 

CUL-DE-SAC DIAMTER: 

AVERAGE LOT AREA: 

MINIMUM LOT AREA: 

FRONT SETBACK MINIMUM: 

SIDE SETBACK MINIMUM: 

REAR SETBACK MINIMUM: 

MINIMUM LOT WIDTH AT FRONT SETBACK LINE: 

MINIMUM LOT DEPTH: 

MAXIMUM BLDG HEIGHT: 

MAXIMUM BLDG COVERAGE ON AVERAGE LOT: 

R1A-8 

44.455 (Exc Westpointe Dr) 

136 

3.06 

APPROX. 9.167 ACRES *1 

SINGLE-FAMILY RESIDENTIAL 

7000 LF MIN. 

160FT. MIN. *2 

9,413 SQ.FT. *3 

7,000 SQ.FT. *4 

25FT. *5 

5 FT. *6 

20FT. 

59 FT. *7 

100FT. 

35FT. 

33.15% *8 

* 1 - Open space within this sustainable community includes water quality and detention 

pond areas as well as native landscaped areas. All common areas will be maintained by 

the HOA and the common areas and native landscaped areas will be owned by the HOA. 

The native landscaped areas being provided exceed the required park area of 1/150 acre 

per dwelling unit. Furthermore, the developer proposes the dedication of a ± 10 acre park 

at the top of Mission Hill. The park entrance, located on Independence Drive, is less than 

one half mile from the entrance to The Enclave at Westpointe Village subdivision. The 

proposed Mission Hill Park will provide an easily accessible park area for the residents 

within the Enclave ofWestpointe Village in addition to the HOA-owned open spaces 

within the sustainable community itself. 

*2 - The cul-de-sac diameter being provided is in excess of the minimum required by 

code and will provide a park-like island with additional open space that provides a unique 

identity within the neighborhood. 

*3- The average lot area exceeds the 8,000 SF minimum in R-lA-8 base zoning district 

by approximately 17.7%. The nature of the meandering street layout within this 

sustainable neighborhood creates lots with varied sizes and shapes. This eliminates 

monotony while providing unique views as one walks or drives along the streets. Using 

this design technique, called coving, we've significantly increased the average distances 

of homes front to front and homes rear to rear (the areas where home windows are 

concentrated) compared to conventional planning that strives to make all lots at the 8,000 

square foot minimum.

115 

*4- There are currently 26lots within the subdivision that fall below the minimum 8,000 

square foot area. Of these 26 lots, there are only 10 lots that are below 7,500 square feet. 

The nature of the street layout within this sustainable community creates lots with 

exciting shapes, unlike standard cookie-cutter rectangular box-shaped lots. 

*5- There is a variable front setback throughout the subdivision. The bulk of the lots 

within this sustainable community have a front setback, as depicted on the Concept Plan, 

in excess of the 25 foot minimum. This provides a more inviting pedestrian experience 

within the neighborhood. 

*6- The minimum side setback for lots that abut Westpointe Drive shall be 15 feet on 

the side that abuts Westpointe Drive. Otherwise, an exception to the required side 

setback for comer lots is being requested. 

*7- The minimum lot width at a 25-foot front setback is 15 feet. However, this is an 

unusual circumstance for "flag lots" located in the cul-de-sac. The minimum lot width of 

59 feet occurs at the front setback that is established and shown on the Concept Plan. 


unusual shapes, unlike standard rectangular box -shaped lots, that, while not meeting 

minimum area and width requirements, provide greater diversity within the community. 

The lots that are located at the end of the cul-de-sac that appear flag-like are set in a more 

secluded area with terrific views to adjacent open space. Those lots have widths of 59 to 

65 feet at the meandering setback with the narrowest portion being 15-feet wide for 

driveway access. The percentage of varying lot widths will be kept the same as shown on 

the concept plan. 

*8 - If the largest building footprint is placed on the smallest lot, the resulting building 

coverage is 43.1 %. 

ADDITIONAL DEVELOPMENT STANDARDS 

The following additional development standards are in accordance with Zoning 

Ordinance No. 2007-80 and were previously established for this tract. 

1. Connectivity- There shall be no street connection from the proposed subdivision 

to Hunters Creek Subdivision by means of the street known as Hunters Ridge. 

2. Height Restriction - Homes constructed on lots 29 thru 42 and 52 thru 66 shall be 

a maximum of one story and shall comply with the masonry requirements per 

item 3 immediately below. 

3. Masonry requirements- Exterior walls of homes constructed on lots 29 thru 42 

and 52 thru 66 that are most closely adjacent to the Hunters Creek Subdivision 

shall be constructed with masonry siding composed of brick, rock or stucco 

covering the back and side exterior walls of such homes.

116 

In addition to the above listed standards, The Enclave at Westpointe Village will be a 

controlled access (gated) neighborhood as follows : 

1. The primary (northern) access point off ofWestpointe Drive will be the main 

entry and will serve as entry and exit for both homeowners and emergency 

vehicles. 

2. The secondary (southern) access point off of Westpointe Drive will serve as an 

exit only for homeowners while allowing entry and exit for emergency vehicles. 

EXCEPTIONS TO STREET DESIGN CRITERIA 

The base street design criteria used within the Enclave at Westpointe Subdivision is for 

"Local streets serving one- and two-family residential property" having a ROW width of 

50 feet. 

1. Exception requested for minimum tangent between reverse curves of 50 feet. We 

are requesting that no tangent section be required between reverse curves as this 

will allow for the meandering nature of the streets as currently laid out. In 

decades past, tangents were used for plat check calculations, something which is 

not required today with the automation that computer file sharing has provided. 

With the large sweeping radius of the curves and slow residential speeds, tangents 

are not needed. Intersections are at the outer portion of the curves providing 

increased sight distances compared to the "tee" intersections of standard platting. 

2. Minimum pavement width for the interior streets (excluding Westpointe Drive) is 

30 feet (FOC to FOC). These interior streets with pavement widths of 30 feet 

shall have a double yellow center line throughout the subdivision.

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PLANNING COMMISSION- AUGUST 3, 2010- 6:00PM 

New Braunfels Municipal Building, Council Chambers 

Owner/Applicant: 

Address/Legal Description: 

Investor Grosenbacher Partnership (Westpointe Residential) 

47.97 acres located on the west side of Oak Run Parkway, approximately 

2,000 feet north of Loop 337 

REQUEST FOR ZONING- CASE #PZ10-27 

The circled numbers on the map correspond to the property owners listed below. All information is from the 

Comal Appraisal District Records. The property under consideration is marked as "SUBJECT". 

1. Kiesling, Bob & Betty 10. Rempel, Alan & Jennifer 

2. NBISD 11 . Castilleja, Jerry & Debra 

3. Ross, Robert & Susan 12. Miner, Philip & Sue Ellen 

4. Kemraj, Virjanand & Jaishree 13. Studdard, Kenneth & Sue 

5. Oldani, Daniel & Norma 14. Seidel, Esther 

6. Holley, Van & Joy 15. Muschalek, Thomas & Kim 

7. Dix, Mark 16. Smith, Vincent & Maria 

8. Hellbusch, Richard & Ladonna 17. Smith, Nick & Angela 

9. Gribbon, Daniel & Teresa 18. Investor Grosenbacher Partnership 

() 

SEE MAP ON REVERSE 

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124 

3.4-2 "R-1A-8" single-family district. 

Purpose. The R-1A-8 single-family district is intended for development of primarily detached, single-family 

residences and customary accessory uses on lots of at least 8,000 square feet in size. The following 

regulations shall apply in all "R-1A-8" districts: 

(a) Authorized uses. Uses permitted by right shall be those set forth in the Land Use Matrix in Section 4 

of this Chapter. The allowed uses in the district, which are intended to be identical with those listed in the 

Land Use Matrix, are as follows 

(1) Uses permitted by right 

Residential uses: 

Accessory building/structure 

Accessory dwelling (one accessory dwelling per lot, no kitchen) 

Community home (see definition) 

Family home adult care 

Family home child care 

Home occupation (See Sec. 5.4) 

One family dwelling, detached 

Single family industrialized home (see Sec. 5.7) 

Non-residential uses: 

Barns and farm equipment storage (related to agricultural uses) 

Church/place of religious assembly 

Community building (associated with residential uses) 

Contractor's temporary on-site construction office (only with permit from Building Official; see 

Sec. 5.9) 

Farms, general (crops) (see Chapter 6, Municipal Code and Sec. 5.8) 

Farms, general (livestock/ranch) (see Chapter 6, Municipal Code and Sec. 5.8) 

Golf course, public and private 

Governmental building or use (state/federally owned and operated) 

Municipal use owned or operated by the City of New Braunfels, including libraries 

Park and/or playground (public) 

Public recreation/services building for public park/playground areas 

Recreation buildings (public) 

School, K-12 (public or private) 

Truck gardens (no retail sales) 

University or college (public or private) 

Water storage (surface, underground or overhead), water wells and pumping stations that are 

part of a public or municipal system 

(2) Conflict. In the event of conflict between the uses listed in the Land Use Matrix and those 

listed in subsection (1 ), the uses listed in this subsection shall be deemed those authorized in the 

district. 

(b) Maximum height, minimum area and setback requirements: 

( 1) Residential uses. 

(i) Height. 35 feet. 

(ii) Front building setback. 25 feet. 

(iii) Side building setbacks. There shall be a side building setback on each side of a 

building not less than 10 feet in width. Buildings on corner lots shall have 15-foot side 

building setbacks adjacent to the street where the rear lot lines of the corner lots coincide 

with the rear lot lines of the adjacent lots. Buildings on corner lots shall have 25-foot side 

ATTACHMENT 8

125 

building setbacks adjacent to the street where the rear lines of the corner lots coincide 

with the side lot lines of the adjacent lots. 

Garage setback. Where a driveway is located in front of a garage, the garage shall be 

setback 20 feet from the right-of-way or the driveway to the garage shall be at least 20 

feet long to provide enough space for a vehicle to park without overhanging into the rightof-way, 

if the garage door is closed. (See illustration 8 in Sec. 5.1-1) 

(iv) Rear building setback. 20 feet. 

(v) Width of lot. The minimum width of an interior lot shall be 70 feet and the minimum 

width of a corner lot shall be 72 feet. 

(vi) Lot area per family. Every single-family dwelling hereafter erected or altered shall 

provide a lot area of not less than 8,000 square feet per dwelling for interior lots, and 

8,600 square feet per dwelling for corner lots, provided that where a lot has less area 

than herein required and such lot was in separate ownership prior to September 25, 

1967, this requirement will not prohibit the erection of a one-family dwelling. Where public 

or community sewer is not available and in use, for the disposal of all sanitary sewage, 

each lot shall provide not less than one half acre per dwelling unit not located over the 

recharge zone and one acre per dwelling unit located over the recharge zone. 

(vii) Lot depth. 100 feet. 

(viii) Parking. Two off-street parking spaces shall be provided for each one-family 

detached dwelling. See Section 5.1 for other permitted uses' parking. 

(2) Non-residential uses. 



(iii) Side building setback. There shall be a side building setback on each side of a 

building not less than five feet in width. Where any building abuts a property with a one 

or two family use, the setback from the one or two family property line shall be at least 20 

feet plus one foot for each foot of building height over 20 feet. 

(iv) Corner lots. Buildings on corner lots shall have 15-foot side building setbacks 

adjacent to the street where the rear lot lines of the corner lots coincide with the rear lot 

lines of the adjacent lots. Buildings on corner lots shall have 25-foot side building 

setbacks adjacent to the street where the rear lines of the corner lots coincide with the 

side lot lines of the adjacent lots. Where a minimum 25-foot setback is required , a canopy 

at least eight feet in height, attached to the main building, may be built within 15 feet of 

the property line so long as such construction will not obstruct the vision of veh icular or 

pedestrian traffic. 

(v) Garage setback. Where a driveway is located in front of a garage, the garage shall be 




(vi) Rear building setback. 20 feet. 

(vii) Width of lot. 60 feet. 

(viii) Lot depth. 100 feet. 

(ix) Parking. See Section 5.1 for. permitted uses' parking.

126 

3.5 Planned Development Districts. 

3.5-1 Purpose: The planned development district is a free-standing district designed to provide for 

the development of land as an integral unit for single or mixed uses in accordance with a plan that 

may vary from the established regulations of other zoning districts. It is the intent in such a district 

to insure compliance with good zoning practices while allowing certain desirable departures from 

the strict provisions of specific zoning classifications. 

3.5-2 Application: An application for a planned development district shall be processed in 

accordance with this Chapter. A pre-planning conference is required between the applicant and 

the Planning Director prior to the actual filing of the application. 

3.5-3 Base District. A base zoning district shall be specified. The regulations in the base zoning 

district shall control unless specifically stated otherwise in the PD. 

3.5-4 District plans and requirements: There are two types of plans that may be used in the 

planned development process. The general purpose and use of each plan is described as 

follows: 

(a) Concept plan. This plan is intended to be used as the first step in the planned 

development process. It establishes the most general guidelines for the district by 

identifying the land use types, development standards, approximate road locations and 

project boundaries and illustrates the integration of these elements into a master plan for 

the whole district. 

(b) Detail plan. The detail plan is the final step of the planned development process. It 

contains the details of development for the property. For smaller tracts or where final 

development plans are otherwise known, the detail plan may be used to establish the 

district and be the only required step in the planned development process. 

3.5-5 Concept plan requirements: Said concept plan shall include the following: 

(a) Relation to the comprehensive plan. A general statement setting forth how the 

proposed district will relate to the city's comprehensive plan and the degree to which it is 

or is not consistent with that plan and the proposed base zoning district. 

(b) Acreage. The total acreage within the proposed district. 

(c) Survey. An accurate survey of the boundaries of the district. 

(d) Land uses. Proposed general land uses and the acreage for each use, including open 

space. For residential development, the total number of units and the number of units per 

acre. 

(e) General thoroughfare layout. Proposed streets, as a minimum to arterial street level. 

(Showing collector and local streets is optional.) 

(f) Development standards. Development standards, if different from the base zoning 

district, for each proposed land use, as follows: 

(1) Minimum lot area. 

(2) Minimum lot width and depth. 

(3) Minimum front, side, and rear building setback areas. 

ATTACHMENT 9

127 

(4) Maximum height of buildings. 

(5) Maximum building coverage. 

(6) Maximum floor to area ratios for nonresidential uses. 

(7) Minimum parking standards for each general land use. 

(8) Other standards as deemed appropriate. 

(g) Existing conditions. On a scaled map sufficient to determine detail, the following shall 

be shown for the area within the proposed district. 

(1) Topographic contours of ten feet or less. 

(2) Existing streets. 

(3) Existing 1 00-year floodplain, flood way and major drainage ways. 

(4) City limits and E.T.J. boundaries. 

(5) Zoning districts within and adjacent to the proposed district. 

(6) Land use. 

(7) Utilities, including water, wastewater and electric lines. 

3.5-6 Detail plan requirements: The application for a planned development district shall include a 

detail plan consistent with the concept plan. Said detail plan shall include the following: 

(a) Acreage. The acreage in the plan as shown by a survey, certified by a registered 

surveyor. 

(b) Land uses. Permitted uses, specified in detail, and the acreage for each use. 

(c) Off-site information. Adjacent or surrounding land uses, zoning, streets, drainage 

facilities and other existing or proposed off-site improvements, as specified by the 

department, sufficient to demonstrate the relationship and compatibility of the district to 

the surrounding properties, uses, and facilities. 

(d) Traffic and transportation. The location and size of all streets, alleys, parking lots and 

parking spaces, loading areas or other areas to be used for vehicular traffic; the proposed 

access and connection to existing or proposed streets adjacent to the district; and the 

traffic generated by the proposed uses. 

(e) Buildings. The locations, maximum height, maximum floor area and minimum 

setbacks for all nonresidential buildings. 

(f) Residential development. The numbers, location, and dimensions of the lots, the 

minimum setbacks, the number of dwelling units, and number of units per acre (density). 

(g) Water and drainage. The location of all creeks, ponds, lakes, floodplains or other 

water retention or major drainage facilities and improvements. 

(h) Utilities. The location and route of all major sewer, water, or electrical lines and 

facilities necessary to serve the district.

128 

(i) Open space. The approximate location and size of greenbelt, open, common, or 

recreation areas, the proposed use of such areas, and whether they are to be for public 

or private use. 

U) Sidewalks and bike paths. Sidewalks or other improved ways for pedestrian or bicycle 

use. 

(k) If multifamily or non-residential development, a landscape plan. 

A detailed plan, with all of the information required of a concept plan, may be submitted in 

lieu of a concept plan. 

3.5-7 Phasing schedule: PD districts larger than 350 acres shall provide a phasing schedule 

depicting the different construction phases. 

3.5-8 Approval of district: The City Council may, after receiving a recommendation from the 

Planning Commission, approve by Ordinance the creation of a district based upon a concept plan 

or a detail plan. The approved plan shall be made part of the ordinance establishing the district. 

Upon approval said change shall be indicated on the zoning maps of the city. 

The development standards and requirements including, but not limited to, maximum height, lot 

width, lot depth, floor area, lot area, setbacks and maximum off-street parking and loading 

requirements for uses proposed shall be established for each planned development district based 

upon the particular merits of the development design and layout. Such standards and 

requirements shall comply with or be more restrictive than the standards established in the base 

zoning district for the specific type uses allowed in the district, except that modifications in these 

regulations may be granted if it shall be found that such modifications are in the public interest, 

are in harmony with the purposes of this Chapter and will not adversely affect nearby properties. 

3.5-9 Planning Commission approval of detail plan: The Planning Commission is authorized to 

approve a detail plan or the amendment of a detail plan for property for which a concept plan has 

been approved by the City Council. If the City Council initially approved a detail plan in 

establishing the district, the detail plan may only be amended by the City Council. The approved 

detail plan shall be permanently filed in the Planning Department. The Planning Commission shall 

approve the detail plan if it finds that: 

(a) Compliance. The plan complies with the concept plan approved for that property and 

the standards and conditions of the PD district; 

(b) Compatibility. The plan provides for a compatible arrangement of buildings and land 

uses and would not adversely affect adjoining neighborhood or properties outside the 

plan; and 

(c) Circulation of vehicular traffic. The plan provides for the adequate and safe circulation 

of vehicular traffic. 

If no detail plan has been approved for the property within ten years of the date of approval of a 

concept plan, the detail plan must be approved by the City Council, after receiving a 

recommendation from the Planning Commission, after notice and hearing. 

3.5-10 Expiration of detail plan: A detail plan shall be valid for five years from the date of its 

approval. If a building permit has not been issued or construction begun on the detail plan within 

the five years, the detail plan shall automatically expire and no longer be valid. The Planning 

Commission may, prior to expiration of the detail plan, for good cause shown, extend for up to 24 

months the time for which the detail plan is valid.

129 

3.5-11 Appeals from Planning Commission action: If the Planning Commission disapproves a 

detail plan over which it has final approval authority, or imposes conditions, or refuses to grant an 

extension of time for which a detail plan is valid, the applicant may appeal the decision to the City 

Council by filing a written request with the Planning Director within ten days of the decision. 

3.5-12 Changes in detail plan: Changes in the detail plan shall be considered the same as 

changes in the zoning ordinance and shall be processed as required in Section 2.3. Those 

changes which do not alter the basic relationship of the proposed development to adjacent 

property and which do not alter the uses permitted or increase the density, floor area ratio, height, 

or coverage of the site, or which do not decrease the off-street parking ratio or reduce the yards 

provided at the boundary of the site, as indicated on the approved detail plan, may be authorized 

by the Planning Director. Any applicant may appeal the decision of the Planning Director to the 

Planning Commission for review and decision as to whether an amendment to the Planned 

Development District ordinance shall be required. 

3.5-13 Minimum development size: The total initial development of any Planned Development 

District shall not be less than two acres for nonresidential developments and five acres for 

residential developments. 

3.5-14 Deviation from code standards: The City Council may approve a PO concept plan with 

deviations from any provision in the Code of Ordinances. Such deviations shall be listed or shown 

as part of the Ordinance that approves the concept plan.

130 

EXCERPT FROM PLANNING COMMISSION MINUTES OF AUGUST 3, 2010 

PUBLIC HEARINGS 

Case PZ10-27: Hold a public hearing and make a recommendation to City Council regarding the 

proposed rezoning of 47.97 acres located on the west side of Oak Run Parkway, approximately 

2,000 feet north of Loop 337, from "R-1A-8" Single Family District to "POD" Planned Development 

District with a Concept Plan. (Westpointe Residential) 

Ms. Mullins explained said this portion of the Westpointe development was zoned R-1A-8 with restrictions 

in 2007. Restrictions included masonry and height limits adjacent to Hunters Creek, and no street 

connection between the two subdivisions. She said the applicant was now requesting a Planned 

Development District (PDD) with R-1A-8 base zoning. She said the Concept Plan presented by the 

applicant showed a residential neighborhood of 136 lots, for a gross residential density of 3.06 units per 

acre, with meandering streets and over 9 acres of park/open space in addition to dedicating 10 acres of 

parkland on Mission Hill to the City. She said that restrictions from the former zoning were incorporated in 

the development standards and all standards of the R-1A-8 base zoning would apply unless specifically 

modified by the PDD. Ms. Mullins then briefly outlined the departures from ordinance standards. She 

stated that 18 notices were sent to property owners within 200 ft. of the subject property; no responses 

were received in favor of the rezoning and two responses were received in opposition (#12, 15). She 

concluded by stating that staff recommended approval of the proposed POD with the following revisions 

to the development standards: 1) Restrict parking to one side of the street with a pavement section of 28 

feet; 2) Include a center line stripe; and 3) Amend the Concept Plan Summary Table to show 15' side 

setback along Westpointe Dr. 

Chair Casteel asked Ms. Mullins to explain the masonry requirement for homes adjacent to Hunter's 

Creek Subdivision. Ms. Mullins explained the restrictions were adopted in 2007 and noted that only a few 

homes on the proposed plan ·would have to abide by the masonry requirement and single story limitation 

because of the green space buffer between the two developments. 

Chair Casteel asked if there was anyone present who wished to speak in favor of the rezoning. 

Steve Eckland with Bury & Partners spoke on behalf of the developer. He compared the proposed layout 

of the development with that previously approved and noted that the number of lots had decreased, the 

amount of open space had increased and 2.4 acres of impervious cover had been removed. He said the 

developer was willing to increase pavement width to 30 ft. to allow parking on both sides of the road. 

Joey Guerra, 11202 Disco Drive, San Antonio, owner and developer, believed that the additional green 

space between the subdivisions should not limit the homes to single story. He noted that they were 

required to reduce the percentage of impervious cover in the residential development because of the 

additional water flowing towards the property from the extension of Oak Run Parkway. 

Discussion relating to masonry and height requirements followed . Drainage problems in the area were 

also discussed at length. 

Chair Casteel asked those opposed to the rezoning to address the Commission. 

Phil Miner, 443 Hunters Trophy, described the significant flooding problems in the neighborhood. He said 

he objected to the rezoning for safety and environmental concerns. 

Ron Reaves, 521 Hunters Creek, said he was an officer of the Hunters Creek Property Owners 

Association. He asked the Commission to incorporate the same wording regarding masonry requirements 

and height limitation in the new ordinance. He described his concerns with flooding problems in the area 

and asked the Commission not to recommend approval of the rezoning until all questions had been 

answered. 

ATTACHMENT 10

131 

Earl Studdard, 339 Hunters Trace, stated his concerns with drainage, adding that his back yard had been 

destroyed three times. 

David Whitaker, 39 Hunters Trail, said the proposed plan lacked dimension and detail. He noted that the 

flooding problems experienced by the neighborhood stemmed from the construction of the extension of 

Oak Run Parkway. 

Danny Gribbon, 461 Hunters Trophy, said his concern was that the lift station would be located directly 

behind his house. 

Kim Muschalek, 323 Hunters Trace, questioned how the developer claimed a reduction in impervious 

cover when the number of lots increased from 112 to 136. She said she had high water in her yard during 

the June 9 1 h flood, which also flooded her septic system. 

Motion by Commissioner Elrod, seconded by Commissioner Hoyt, to close the public hearing. The motion 

carried unanimously. (9-0-0) 

Ms. Mattingly reminded the Commissioners that most of the details, including drainage, flood plains, lot 

widths, etc., would be addressed when the Detail Plan, Master Plan and subdivision plat were submitted 

for approval. 

Chair Casteel asked if the existing drainage pond would be reworked with the development. Mr. Eckland 

said it would, then elaborated on the location and design of the lift station. 

Commissioner Hoyt noted that studies had shown that narrower streets were safer because vehicles 

were forced to drive slower. 

Commissioner Bearden noted that the plan did not specifically state how many lots had widths of 15 ft. 

Mr. Eckland believed there were no more than five lots with widths of 15 ft. 

Motion by Commissioner Bearden, seconded by Commissioner Massouh, that Case PZ10-27, the 

proposed rezoning of 47.97 acres located on the west side of Oak Run Parkway, approximately 2,000 

feet north of Loop 337, from "R-1A-8" Single Family District to "PDD" Planned Development District with a 

Concept Plan , be forwarded to City Council with a recommendation to approve, with the following 

requirements: 1) That Lots 29 through 42 and 52 through 66, must abide with the single story and 

masonry requirements; 2) That streets with 30ft. pavement widths include a center line stripe; 3) Amend 

the Concept Plan Summary Table to show 15' side setback along Westpointe Dr.; and 4) The percentage 

of varying lot widths must be kept the same as shown on the Concept Plan. The motion carried, with 

Commissioner Myrick voting "no". (8-1-0)

132 

ORDINANCE NO. 2010- 

AN ORDINANCE REZONING 47.97 ACRES LOCATED ON THE WEST SIDE OF OAK RUN 

PARKWAY, APPROXIMATELY 2,000 FEET NORTH OF LOOP 337, FROM "R-1A-8" SINGLE 

FAMILY DISTRICT TO "ENCLAVE AT WESTPOINTE VILLAGE PLANNED DEVELOPMENT 

DISTRICT" WITH CONCEPT PLAN; REPEALING ALL ORDINANCES IN CONFLICT; 

CONTAINING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. 

WHEREAS, the City Council of the City of New Braunfels has complied with all requirements of notice 

of public hearing as required by the Zoning Ordinance of the City of New Braunfels; and 

WHEREAS, in keeping with the spirit and objectives of the "POD" Planned Development District, the 

City Council has given due consideration to all components of said district; and 

WHEREAS, it is the intent of the City Council to provide harmony between existing zoning districts and 

proposed land uses; and 

WHEREAS, the rezoning is in compliance with the Future Land Use Plan; and 

WHEREAS, the City Council desires to amend the Zoning Map by changing 47.97 acres located on 

the west side of Oak Run Parkway, approximately 2,000 feet north of Loop 337, from "R-1A-8" Single-family 

District to "Enclave at Westpointe Village Planned Development District;" now, therefore, 

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS: 

SECTION 1 

THAT Sections 1.2-1 and 1.2-2, Chapter 144, of the New Braunfels Code of Ordinances and 

particularly the Zoning Map of the City of New Braunfels, are amended by changing the following described 

tract of land from "R-1A-8" Single-family District to "Enclave at Westpointe Village Planned Development 

District": 

"47.97 acres located on the west side of Oak Run Parkway, approximately 2,000 feet north of 

Loop 337, as delineated on Exhibit 'A' and further described in Exhibit 'B' attached, and 

adopting the development standards as stated in Exhibit 'C'." 

SECTION 2 

THAT all provisions of the Code of Ordinances of the City of New Braunfels not herein amended or 

repealed shall remain in full force and effect. 

SECTION 3 

THAT all other ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent 

that they are in conflict. 

1

133 

SECTION 4 

THAT if any provisions of this ordinance shall be held void or unconstitutional, it is hereby provided 

that all other parts of the same which are not held void or unconstitutional shall remain in full force and effect. 

SECTION 5 

THIS ordinance will take effect upon the second and final reading of same. 

PASSED AND APPROVED: First Reading this the 8th day of November, 2010. 

PASSED AND APPROVED: Second and Final Reading this the 22nd day of November, 2010. 



ATTEST: 

ANN SMITH, Interim City Secretary 


ALAN C. WAYLAND, City Attorney 

Y:\Ordinances\Zone Changes\Westpointe PDD.doc 

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_f PAPE-DAWSON 

fill ENGINEERS 

LA H 0 0 E VEL 0 PM E H T E H VIR 0 H MENTAl T R A H S P 0 RT AT I It H WATER RES O·U R C E S SURVEY I H G 

FJELD NOTES 

FOR 

A 47.97 acre, or 2,089,643 square feet more or less, tract of land, out of a 205.00 acre tract of land 

out of the City of New Braunfels, Coma! County, Texas, and being out of the William Mockford 

Survey No. 285. Abstract No. 393, and the Andres Sanches Survey No. 286, Abstract No. 528, 

Coma! County, Texas, said 205.00 acre tract being (I) all of that certain 200.00 acre tract conveyed 

by Franz Coreth, a/k/a Franz E. Coreth, and wife to Psalms 127, L.P. by deed dated May 5, 1998 

and recorded as Document No. 9806010990 of the Official Public Records of Comal County, 

Texas, and (2) all of that certain 5.00 acre tract conveyed by Franz Coreth, a/k/a Franz E. Coreth to 

Psalms 127, L.P. by deed effective December 18, 2006 and recorded as Document No. 

200606053330 of the Official Public Records of Comal County, Texas. Said 47.97 acre tract 

described more particularly by metes and bounds as follows: 

BEGINNING: 

THENCE: 

THENCE: 

THENCE: 

At the southern most comer of said 205.00 acre tract, being the southern most 

corner of said herein described tract; 

N 43°03'02" W, along and with southwestern line of said 205.00 acre tract, a 

distance of760.10 feet to an angle point; 

N 430Z3'36" W, continuing along said southwestern line of said 205.00 acre 

tract, a distance of 80.05 feet to an angle point, being the western most comer 

of the herein described tract; 

Along and with the northwestern line of said 205.00 acre tract, the following 

calls and distances: 

N 43°48'56" E, a distance of I 0.40 feet to an angle point; 

N 45°04 '43" E, a distance of 160.0 I feet to an angle point; 

N 44°59'0 I" E, a distance of 159.89 feet to an angle point; 

N 45°06'40" E, a distance of 150.24 feet to an angle point; 

N 44 °57'22" E, a distance of tl9.95 feet to an angle point; 

N 45°0 I '36" E, a distance of 169.89 feet to an angle point; 

N 45°00' I 0" E, a distance of I 55.12 feet to an angle point; 

N 45°02'53" E, a distpnce of 149.84 feet to an angle point; 

N 44°59'47" E, a distance of J 74.85 feet to an angle point; 

SlK lMlOMID I AUSII H 

WY/'1/ . PAP I - OAWSOH . CDil 

555 E~s l Ram > ~ )' Sw !\ntonio . T••as 78216 P ~10.375 · 900 0 F' 210.375·9010 

EXHIBIT "8"

41.97 Acres 

Job No. 6858.0 I 

Page 2 ofJ 

136 

(con't) 

N 45°21' 14" E, a distance of 89.29 feel to an angle point; 

N 53°03'59" E, a distance of378.23 feel to on angle point; 


N 53°04'35" E, a distance of215.81 feet to an angle point; 



N 52°58'50" E, a distance of206.31 feet to an angle point; 

N 53°03'20" E, a distance of 55.38 feet to an angle point for the beginning of a 

non-tangent curve to the left, being the northern most comer of the herein 

described tract; 

THENCE: 

Departing said northwestern line, over and across said 205.00 acre tract the 

following calls and distances: 

Southeasterly, along the arc of said curve to the left, with a radial bearing of 

N59°15'04" E, a radius of 500.00 feet, a central angle of03°52'51", a chord 

bearing and distance of S 32°4 I '21" E, 33.86 feet, at an arc length of 33.87 

feet to a point of tangency; 

S 34°37'47" E, a distance of 26.67 feet to an angle point for the beginning of a 

curve to the left; 

Southeasterly, along the arc of said curve to the left, said curve having a radius 

of 500.00 feet, a central angle of 37°58'24", a chord bearing and distance of 

853°36'58" E, 325.35 feel, at an arc lcng1h of 331.38 feet to a point of 

tangency; 

S 72°36' l 0" E, a distance of 393.77 feet to an angle point for the beginning of 

a curve to the right; 

Southeasterly, along the arc of said curve to the right, said curve having a 

radius of I ,000.00 feet, a central angle of 05°34 '04", a chord bearing and 

distance ofS 69°49'08" E, 97.14 feet, at an arc length of97.18 feet to a point 

of non-tangency, being the eastern most corner of ~he herein described tract; 

S 22°57' 54" W, a distance of 134. 12 feet to an ongle point for the beginning of 


litDf PAPE-DAWSON 

f«i11 ENGINEERS

47.97 Acres 

Job No. 6858.0 I 

Page 3 of3 

137 

(con't) 

Southwesterly, along the arc of said curve to the right, said curve having a 

radius of 300.00 feet, a central angle of 38°44'56", a chord bearing and 

distance of S 42°20'22" W, 199.04 feet, at on arc length of 202.89 feet to a 

point of tangency; 

S 61 °42'50" W, a distance of61 1.80 feet to an angle point for the beginning of 

a curve to the left; 

Southwesterly, along the arc of said curve to the left, said curve having a radius 

of2,000.00 feel, a central angle of 19°52'33", a chord bearing and distance of 

S 51 °46'34" W, 690.32 feet, at an arc length of 693.80 feet to a point of 

tangency; 

S 41°50' IT' W, a distance o£549.43 feet to an angle point for the beginning of 


Southwesterly, along the arc of said curve to the right, said curve having a 

radius of 2,000.00 feet, a central angle of 04°58'51", a chord bearing and 

distance of S 44°19'43" W, 173.81 feet, at an arc length of 173.86 feet to a 

point of tangency; 

S 46°49'08" W, a distance of 104.24 to an angle point; 

S 43° I 0'52" E, a distance of 32.00 feet to an angle point on the southern line 

of said 205.00 acre tract, being the southeastern line of herein des·cribed tract; 

THENCE: 

S 46°49'08" W, continuing along said southeastern line, a distance of 324.38 

feet to the POINT OF BEGINNING and containing 47.97 acres of land in the 

City of New Braunfels, Comnl County, Texas. 

This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground 

survey, and is not to be used to co nvey or establish interests in real property except those rights and 

interests implied or ·established by the creation or reconfiguration of the boundary of the political 

subdivision for which it was prepared. 

Prepared by: 

Job No: 

Date: 

Doc Id: 

Pape-Dawson Engineers, Inc. 

6858-0 I 

July II , 2007 

P:\68158\00\WorcJ\l'iclcJ Notes\070709-ZONfNG-A.doc 

wz' PAPE·DAWSON 

1 

rJJ ENGINEERS

138 

The Enclave at Westpointe Village 

Planned Development District 

BASE ZONING DISTRICT 

This Planned Development District (POD) will have the base zoning requirements of the 

R-lA-8 zoning district as described in the current zoning ordinance of the City of New 

Braunfels. This project area is currently zoned R-lA-8. Westpointe Residential 

(Developer) proposes a Planned Development District that will accommodate modified 

street and lot layout for a sustainable community that provides generous native 

landscaped areas, unique lot diversity and pedestrian friendly circulation. 

CONCEPT PLAN REQUIREMENTS 

RELATION TO COMPREHENSIVE PLAN 

This project area is currently zoned R-lA-8. The project area and proposed use are in 

accordance with the Land Use Plan and Major Thoroughfare Plan depicted in the City's 

Comprehensive Plan. Thus, the new PDD will directly align with the Comprehensive 

Plan as set out by the City of New Braunfels. 

ACREAGE 

The proposed Development District area is 47.97 acres. This includes the subdivision 

area of approximately 44.46 acres and right-of-way area within the proposed Westpointe 

Drive. 

SURVEY 

An accurate survey of the boundary of the district is included as an attachment. 

LAND USES 

The land use is single family residential. 

GENERAL THOROUGHFARE LAYOUT 

The attached Concept Plan includes the general thoroughfare layout. 

EXHIBIT "C"

139 

DEVELOPMENT STANDARDS 

The general development standards are as follows: 

BASE ZONING: 

TOTAL ACRES: 

NUMBER OF RESIDENTIAL LOTS: 

LOTS/ACRE: 

PARK/OPEN SPACE: 

LAND USE: 

TOTAL SIDEWALK (5-Ff.): 

CUL-DE-SAC DIAMTER: 

AVERAGE LOT AREA: 

MINIMUM LOT AREA: 

FRONT SETBACK MINIMUM: 

SIDE SETBACK MINIMUM: 

REAR SETBACK MINIMUM: 

MINIMUM LOT WIDTH AT FRONT SETBACK LINE: 

MINIMUM LOT DEPTH: 

MAXIMUM BLDG HEIGHT: 

MAXIMUM BLDG COVERAGE ON AVERAGE LOT: 

R1A-8 

44.455 (Exc Westpointe Dr) 

136 

3.06 

APPROX. 9.167 ACRES *1 

SINGLE-FAMILY RESIDENTIAL 

7000LFMIN. 

160 Ff. MIN. *2 

9,413 SQ.Ff. *3 

7,000 SQ.Ff. *4 

25FT. *5 

5 FT. *6 

20FT. 

59 FT. *7 

100 Ff. 

35FT. 

33.15% *8 

* 1 - Open space within this sustainable community includes water quality and detention 

pond areas as well as native landscaped areas. All common areas will be maintained by 

the HOA and the common areas and ,p.ative landscaped areas will be owned by the HOA. 

The native landscaped areas being provided exceed the required park area of 1/150 acre 

per dwelling unit. Furthermore, the developer proposes the dedication of a ± 10 acre park 

at the top of Mission Hill. The park entrance, located on Independence Drive, is less than 

one half mile from the entrance to The Enclave at Westpointe Village subdivision. The 

proposed Mission Hill Park will provide an easily accessible park area for the residents 

within the Enclave ofWestpointe Village in addition to the HOA-owned open spaces 

within the sustainable community itself. 

*2-The cul-de-sac diameter being provided is in excess of the minimum required by 

code and will provide a park-like island with additional open space that provides a unique 

identity within the neighborhood. 

*3- The average lot area exceeds the 8,000 SF minimum in R-lA-8 base zoning district 

by approximately 17.7%. The nature of the meandering street layout within this 

sustainable neighborhood creates lots with varied sizes and shapes. This eliminates 

monotony while providing unique views as one walks or drives along the streets. Using 

this design technique, called coving, we've significantly increased the average distances 

of homes front to front and homes rear to rear (the areas where home windows are 

concentrated) compared to conventional planning that strives to make all lots at the 8,000 

square foot minimum.

140 

*4 - There are currently 26 lots within the subdivision that fall below the minimum 8,000 

square foot area. Of these 26 lots, there are only 10 lots that are below 7,500 square feet. 


exciting shapes, unlike standard cookie-cutter rectangular box-shaped lots. 

*5-There is a variable front setback throughout the subdivision. The bulk of the lots 

within this sustainable community have a front setback, as depicted on the Concept Plan, 

in excess of the 25 foot minimum. This provides a more inviting pedestrian experience 

within the neighborhood. 

*6-The minimum side setback for lots that abut Westpointe Drive shall be 15 feet on 

the side that abuts Westpointe Drive. Otherwise, an exception to the required side 

setback for comer lots is being requested. 

*7-The minimum lot width at a 25-foot front setback is 15 feet. However, this is an 

unusual circumstance for "flag lots" located in the cul-de-sac. The minimum lot width of 

59 feet occurs at the front setback that is established and shown on the Concept Plan. 


unusual shapes, unlike standard rectangular box -shaped lots, that, while not meeting 

minimum area and width requirements, provide greater diversity within the community. 

The lots that are located at the end of the cul-de-sac that appear flag-like are set in a more 

secluded area with terrific views to adjacent open space. Those lots have widths of 59 to 

65 feet at the meandering setback with the narrowest portion being 15-feet wide for 

driveway access. The percentage of varying lot widths will be kept the same as shown on 

the concept plan. 

*8 -If the largest building footprint is placed on the smallest lot, the resulting building 

coverage is 43.1 %. 

ADDITIONAL DEVELOPMENT STANDARDS 

The following additional development standards are in accordance with Zoning 

Ordinance No. 2007-80 and were previously established for this tract. 

1. Connectivity- There shall be no street connection from the proposed subdivision 

to Hunters Creek Subdivision by means of the street known as Hunters Ridge. 

2. Height Restriction - Homes constructed on lots 29 thru 42 and 52 thru 66 shall be 

a maximum of one story and shall comply with the masonry requirements per 

item 3 immediately below. 

3. Masonry requirements- Exterior walls of homes constructed on lots 29 thru 42 

and 52 thru 66 that are most closely adjacent to the Hunters Creek Subdivision 

shall be constructed with masonry siding composed of brick, rock or stucco 

covering the back and side exterior walls of such homes.

141 

In addition to the above listed standards, The Enclave at Westpointe Village will be a 

controlled access (gated) neighborhood as follows: 

1. The primary (northern) access point off ofWestpointe Drive will be the main 

entry and will serve as entry and exit for both homeowners and emergency 

vehicles. 

2. The secondary (southern) access point off ofWestpointe Drive will serve as an 

exit only for homeowners while allowing entry and exit for emergency vehicles. 

EXCEPTIONS TO STREET DESIGN CRITERIA 

The base street design criteria used within the Enclave at Westpointe Subdivision is for 

"Local streets serving one- and twojamily residential property" having a ROW width of 

50 feet. 

1. Exception requested for minimum tangent between reverse curves of 50 feet. We 

are requesting that no tangent section be required between reverse curves as this 

will allow for the meandering nature of the streets as currently laid out. In 

decades past, tangents were used for plat check calculations, something which is 

not required today with the automation that computer file sharing has provided. 

With the large sweeping radius of the curves and slow residential speeds, tangents 

are not needed. Intersections are at the outer portion of the curves providing 

increased sight distances compared to the "tee" intersections of standard platting. 

2. Minimum pavement width for the interior streets (excluding Westpointe Drive) is 

30 feet (FOC to FOC). These interior streets with pavement widths of 30 feet 

shall have a double yellow center line throughout the subdivision.

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NOVEMBI:R 8, 2010 

Agenda Item No. ~G· 

Presenter I Contact- Shannon Mattingly, Planning Director 


SUBJECT: 

Public hearing and first reading of an ordinance granting a Special Use 

Permit for 7.602 acres out of the A.M. Esnaurizar Survey, located on SH 46 

South, adjacent to Stone Gate Subdivision, to allow a maximum density of 

16 units per acre in an "R-3L" Multifamily Low Density District. 

APPLICANT/OWNER: 

Brass Real Estate Growth Fund IV, LP 

10010 San Pedro, Suite 450 


) 


In 2002, the project site (1 0 acres) was rezoned to R-3L and a Special Use Permit was 

approved to allow up to 18 dwelling units per acre. The verbiage in the 2002 ordinance 

stated "should said use cease to be, for a period of twelve months, the property shall 

revert to existing zoning of R-3L". No activity has takl3n place for eight years, therefore 

the SUP is considered void. 

The applicant reapplied for the same Special Use Permit in July of last year and the 

Planning Commission recommended approval. More than 20% of the notified area was 

in opposition of the SUP request; therefore, a super-majority vote was required at City 

Council. Council passed the first reading of the ordinance on August 24, 2009 but the 

application did not pass at the second reading. 

The applicant is now requesting a Special Use Permit on 7.602 acres of the 10 acre 

tract to allow up to 16 dwelling units per acre. The remaining 2.398 acres of the 10 

acre tract will be developed within the current restrictions of the R-3L density limitations, 

12 units an acre. 

The proposed project site plan consists of 6 multifamily residential buildings. Buildings 

5 and 6 are not part of the SUP but are on the site plan and will comply with the density 

restrictions of the R-3L district, 12 dwelling units per acre. The 7.602 acres considered 

under the current application consists of buildings 1-4, which will exceed 12 units an 

acre. The applicant is requesting to be allowed a maximum density of up to 16 dwelling 

units per acre. The SUP application has been submitted as a Type II, which includes 

adoption of the site plan. 

A Special Use Permit may be granted to allow compatible and orderly development 

which may be suitable only if developed in a specific way or only for a limited period of 

time. The request should be evaluated on the extent to which the proposed use: 

• is consistent with policies of the Comprehensive Plan; 


144 

• is consistent with the purpose and intent of zoning district regulations; 

• meets all supplemental standards; and 

• preserves the character and integrity of adjacent development and neighborhoods. 

GENERAL INFORMATION: 

Case No.: 

Size: 


and Land Use: 




PZ10-32 

7.602 acres 

North - APD, R-2A I Residential, Agricultural 

South - R-2 I Vacant and Agricultural 

East- R-2, APD I Residential and Agricultural 

West- R-2, C-1A I Residential and Vacant 

Commercial 

None 

Notification: 

Public hearing notices were sent to 20 property owners located within 200 feet. Five 

responses have been returned in opposition from #'s 8, 10, 14, 16 and 20. Two 

responses have been returned in favor from #'s 2 and 4. 


Yes 


Priority: 


Pros and Cons Based 

on Policies Plan 

Pros: 

Goal 1 A Evaluate proposed zone changes to 

maintain land use compatibility, as well as the 

integration of mixed land uses as a component of 

achieving better places to live. 

The property is located in an area where there is 

currently mixed zoning. 

Goal 19C Locate high density residential 

development (more than 12 units per acre) in 

areas with direct access to arterial roadways. 

The property is located on SH 46, a major arterial. 

Cons: 

None. 


NIA 


145 


The Planning Commission held a public hearing on October 12, 2010 and unanimously 

recommended approval of the Special Use Permit in the "R-3L" Multifamily Low Density 

District to a allow a maximum density of 16 dwelling units per acre. (9-0-0) 


Staff recommends approval of the proposed Special Use Permit, which is compatible 

with the mix of existing commercial and residential development adjacent to SH 46 

South of IH 35, and will act as a buffer between the single-family residentially zoned 

properties to the north and northeast and the commercially zoned property adjacent to 

SH46. 

ATTACHMENTS: 

1. Application 

2. Zoning Map 



5. Aerial Map 


7. Survey 

8. Site Plan 

9. Site Plan with SUP Boundaries 

10. 2002 Approved SUP Site Plan 

11 . 2009 Proposed Site Plan 

12. Sec. 3.6 "Special Use Permits" 

13. Excerpt from Planning Commission Minutes of October 12, 2010. 

U:\Pianning\CCagenda\ZoneChgs&SUP\Gillette Holdings SUP 11 -8-1 O.doc 


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APPLICATION FOR 

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PZ10-32 

Gillette Holdings 

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PZ10-32 



Special Use Perr 

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PLANNING COMMISSION- SEPTEMBER 7, 2010- 6:00PM 





7.602 acres located on the north side of SH 46 South, approximately 

630 feet south of Stonegate Drive 

REQUEST FOR SPECIAL USE PERMIT- CASE #PZ10-32 



) 

1. Guadalupe River Ranch, LP 

2. Brass Real Estate Growth Fund IV LP 

3. Bundick, Lawrence & Joyce 

4. Dirt Dealers X 

5. Balouch, Brock 

6. Alvizo, Manuel & Norma 

7. Ruiz, Jose & Veronica Parra 

8. Gray, Robert & Elena 

9. Gribbon, Daniel & Teresa 

Anna Ruth Garcia 

10. Michael, Ann 

11 . Molina, Matt & Melissa 

12. Wallace, Raquel Edilia Calderon 

13. Busse, Jeffrey & Susan Amorette Busse 

14. Hunter, Keely 

15. Groenke, Jeffrey & Diana 

16. Bentura, Richard & Diana 

17. Gilbreth, Michele 

18. Tresi Partners, Ltd, Etal 

19. Votta, Joseph Michael & Renee Laurene 

20. Boydston, Leonard & Barbara 

SEE MAP ON REVERSE 

ATTACHMENT 6

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D 200' Notification Area 



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PZ10-32 



Special Use Permi~ "..,r 16 Multifamily Units/Acre 

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\ SITEPLAN ) 

·· ........._ CITY OF NEW BRAUNFELS, TEXAS 

Sl.~ TO EIGHT I'OOT I'E.VCE AROUND ENTI/IE S ITF: THAT IS ADAJACA"NT TO SI.VGLE I'AMILY 

AND T WO fAMILY ZONING. ADDITIONAL LANDSCAPING WILL BE INSTALLED IN THIS Ali6"A. 

ACCESS TO ADJACENT T/IACTS TO BE PliOV/DED l'lA P/IOJECT ROADW.4 r. 

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157 

ATTACHMENT 11

158 

3.6 Special Use Permits. 

3.6-1 Compatible and orderly development. A special use permit may be granted to allow 

compatible and orderly development which may be suitable only in certain locations and zoning 

districts if developed in a specific way or only for a limited period of time. 

3.6-2. Application processing. Application for a Special Use Permit shall be processed in 

accordance with Section 2.1 of this Chapter and shall include the pertinent information as 

determined by the type of Special Use Permit and additional information as determined by the 

Planning Director, the Planning Commission or the City Council. 

Types of Special Use Permit: 

Type 1. Regulates land use only; does not require specific site plan or schedule. 

Construction within a Type 1 Special Use Permit will comply with all of the standard 

construction requirements for the approved use at the time of construction permit, including 

drainage plans, TIA, driveway location, and landscaping. 

Type 2. Requires a site plan drawn to scale and shall show the arrangement of the project in 

detail, including parking facilities, locations of buildings, uses to be permitted, landscaping, 

and means of egress and ingress. 

3.6-3. Standards. When considering applications for a special use permit, the Planning 

Commission in making its recommendation and the City Council in rendering its decision on the 

application shall, on the basis of the site plan, if a Type 2, and other information submitted, 

evaluate the impact of the special use on, and the compatibility of the use with, surrounding 

properties and neighborhoods to ensure the appropriateness of the use at a particular location. 

The Planning Commission and the City Council shall specifically consider the extent to which: 

(a) Comprehensive plan consistency. The proposed use at the specified location is consistent 

with the goals, objectives and policies contained in the adopted Comprehensive Plan; 

(b) Zoning district consistency. The proposed use is consistent with the general purpose and 

intent of the applicable zoning district regulations; 

(c) Supplemental Standards. The proposed use meets all supplemental standards 

specifically applicable to the use as set forth in this Chapter; 

(d) Character and integrity. The proposed use is compatible with and preserves the 

character and integrity of adjacent development and neighborhoods and, as required by 

the particular circumstances. 

A Type 2 Special Use Permit may include improvements or modifications either on-site or 

within the public rights-of-way to mitigate development-related adverse impacts, including 

but not limited to: 

(1) Adequate ingress and egress to property and proposed structures thereon with 

particular reference to vehicular and pedestrian safety and convenience, and access 

in case of fire; 

(2) Off-street parking and loading areas; 

(3) Refuse and service areas; 

(4) Utilities with reference to location, availability, and compatibility; 

ATTACHMENT12

159 

(5) Screening and buffering, features to minimize visual impacts, and/or set-backs from 

adjacent uses; 

(6) Control of signs, if any, and proposed exterior lighting with reference to glare, traffic 

safety, economic effect, and compatibility and harmony with properties in the district; 

(7) Required yards and open space; 

(8) Height and bulk of structures; 

(9) Hours of operation; 

(10) Paving of streets, alleys, and sidewalks, 

(11) Provisions for drainage, 

(12) Exterior construction material and building design; and 

(13) Roadway adjustments, traffic control devices or mechanisms, and access 

restrictions to control traffic flow or divert traffic as may be needed to reduce or 

eliminate development-generated traffic on neighborhood streets. 

(e) Public health, safety, convenience and welfare. The proposed use is not materially 

detrimental to the public health, safety, convenience and welfare, or results in material 

damage or prejudice to other property in the vicinity. 

3.6-4 Procedures for special use permit (SUP). Granting of an SUP is considered zoning and as 

such, all the procedures for changing a zoning district apply to an application for an SUP. After a 

public hearing and upon the recommendation of the Planning Commission, the City Council may 

approve, deny or modify the site plan and issue a special use permit containing such 

requirements and safeguards as necessary to protect adjoining property, including conditions 

addressing the standards in Section 3.6-3(d). 

3.6-5. Revocation. The SUP for a Type 1 permit may be considered for revocation if a use other 

than the use approved in the SUP or in the underlying zoning district is developed or other stated 

requirements are not met. The SUP for a Type 2 permit may be considered for revocation for the 

following reasons: 

(a) Construction is not begun within five years of the date of approval of the permit. 

(b) Progress toward completion is not being made. Progress toward completion includes the 

following: 

(1) An application for a final plat is submitted; 

(2) A good faith effort is made to file with a regulatory agency an application for a permit 

necessary to begin or continue completion of the project; 

(3) Costs have been incurred for developing the project including, without limitation, 

costs associated with roadway, utility, and other infrastructure facilities designed to 

serve in whole or in part, the project (but exclusive of land acquisition) in the 

aggregate amount of 5% of the most recent appraised market value of the real 

property on which the project is located; 

(4) Security is posted with the city to ensure performance of an obligation required by the 

city; or

160 

(5) Utility connection fees or impact fees for the project have been paid to the City or 

New Braunfels Utilities. 

(c) Abandonment of the project. Abandonment includes development of the property in a 

way other than provided for by the SUP. 

(d) Failure to satisfy the conditions of the SUP or follow the site plan made part of the SUP. 

(e) Code violations. Revocation may be considered if there are three or more code violations 

in a 720 day period. 

(1) Notice to property owner. If the Planning Director finds no less than three violations of 

any code of ordinances on the property within a 360 day period, he shall advise the 

applicant of a revocation hearing. The Planning Director shall notify the property 

owner in writing of the violations and that an administrative hearing will be held 

concerning the violations. Such notice shall be given at least 10 days prior to the 

hearing. The Planning Director shall take evidence and conduct an administrative 

hearing to determine if a revocation procedure should be initiated. Such a 

determination is not subject to appeal to the Zoning Board of Adjustment. 

(2) If the Planning Director finds that there is credible evidence that the code of 

ordinances has been violated, or there have been convictions or guilty pleas in any 

court of competent jurisdiction, on at least three separate occasions within a 720 day 

period, and after the administrative hearing, he shall initiate a SUP revocation 

process. 

(3) Appeal to Municipal Court. Any code violation may be appealed to, or considered by, 

the Municipal Court Judge. The parties at interest in this appeal may cross examine 

witnesses. 

(f) Revocation process. The revocation process shall be the same as for a zoning district 

change, with notice to property owners within 200 feet, public hearing and 

recommendation by the Planning Commission, and public hearing and ordinance 

consideration by the City Council. 

(g) The City Council may deny the SUP revocation , approve the revocation, deny the 

revocation and add additional restrictions to the SUP, suspend the SUP for a period the 

Council determines, or amend the SUP with probationary requirements and terms the 

Council determines. 

(h) Upon revocation of a special use permit the property subject to the special use permit 

may be used for any permitted use within the applicable base zoning district. 

3.6-6. Compliance with conditions. Conditions which may have been imposed by the City Council 

in granting such permit shall be complied with by the grantee before a Certificate of Occupancy 

may be issued by the Building Official for the use of the building on such property. 

3.6-7 Telecommunications towers and/or antennas. See Sec. 5.6 

3.6-8. Deviation from Code. The City Council may approve a special use permit with deviations to 

any provision of the Code of Ordinances. Such deviations shall be listed or shown in or as part of 

the Ordinance approving the special use permit.

161 

3.6 Special Use Permits. 

3.6-1 Compatible and orderly development. A special use permit may be granted to allow 

compatible and orderly development which may be suitable only in certain locations and zoning 

districts if developed in a specific way or only for a limited period of time. 

3.6-2. Application processing. Application for a Special Use Permit shall be processed in 

accordance with Section 2.1 of this Chapter and shall include the pertinent information as 

determined by the type of Special Use Permit and additional information as determined by the 

Planning Director, the Planning Commission or the City Council. 

Types of Special Use Permit: 

Type 1. Regulates land use only; does not require specific site plan or schedule. 

Construction within a Type 1 Special Use Permit will comply with all of the standard 

construction requirements for the approved use at the time of construction permit, including 

drainage plans, TIA, driveway location, and landscaping. 

Type 2. Requires a site plan drawn to scale and shall show the arrangement of the project in 

detail, including parking facilities, locations of buildings, uses to be permitted, landscaping, 

and means of egress and ingress. 

3.6-3. Standards. When considering applications for a special use permit, the Planning 

Commission in making its recommendation and the City Council in rendering its decision on the 

application shall, on the basis of the site plan, if a Type 2, and other information submitted, 

evaluate the impact of the special use on, and the compatibility of the use with, surrounding 

properties and neighborhoods to ensure the appropriateness of the use at a particular location. 

The Planning Commission and the City Council shall specifically consider the extent to which: 

(a) Comprehensive plan consistency. The proposed use at the specified location is consistent 

with the goals, objectives and policies contained in the adopted Comprehensive Plan; 

(b) Zoning district consistency. The proposed use is consistent with the general purpose and 

intent of the applicable zoning district regulations; 

(c) Supplemental Standards. The proposed use meets all supplemental standards 

specifically applicable to the use as set forth in this Chapter; 

(d) Character and integrity. The proposed use is compatible with and preserves the 

character and integrity of adjacent development and neighborhoods and, as required by 

the particular circumstances. 

A Type 2 Special Use Permit may include improvements or modifications either on-site or 

within the public rights-of-way to mitigate development-related adverse impacts, including 

but not limited to: 

(1) Adequate ingress and egress to property and proposed structures thereon with 

particular reference to vehicular and pedestrian safety and convenience, and access 

in case of fire; 

(2) Off-street parking and loading areas; 

(3) Refuse and service areas; 

(4) Utilities with reference to location, availability, and compatibility;

162 

(5) Screening and buffering, features to minimize visual impacts, and/or set-backs from 

adjacent uses; 

(6) Control of signs, if any, and proposed exterior lighting with reference to glare, traffic 

safety, economic effect, and compatibility and harmony with properties in the district; 

(7) Required yards and open space; 

(8) Height and bulk of structures; 

(9) Hours of operation; 

(10) Paving of streets, alleys, and sidewalks, 

(11) Provisions for drainage, 

(12) Exterior construction material and building design; and 

(13) Roadway adjustments, traffic control devices or mechanisms, and access 

restrictions to control traffic flow or divert traffic as may be needed to reduce or 

eliminate development-generated traffic on neighborhood streets. 

(e) Public health, safety, convenience and welfare. The proposed use is not materially 

detrimental to the public health, safety, convenience and welfare, or results in material 

damage or prejudice to other property in the vicinity. 

3.6-4 Procedures for special use permit (SUP). Granting of an SUP is considered zoning and as 

such, all the procedures for changing a zoning district apply to an application for an SUP. After a 

public hearing and upon the recommendation of the Planning Commission, the City Council may 

approve, deny or modify the site plan and issue a special use permit containing such 

requirements and safeguards as necessary to protect adjoining property, including conditions 

addressing the standards in Section 3.6-3(d). 

3.6-5. Revocation. The SUP for a Type 1 permit may be considered for revocation if a use other 

than the use approved in the SUP or in the underlying zoning district is developed or other stated 

requirements are not met. The SUP for a Type 2 permit niay be considered for revocation for the 

following reasons: 

(a) Construction is not begun within five years of the date of approval of the permit. 

(b) Progress toward completion is not being made. Progress toward completion includes the 

following: 

(1) An application for a final plat is submitted; 

(2) A good faith effort is made to file with a regulatory agency an application for a permit 

necessary to begin or continue completion of the project; 

(3) Costs have been incurred for developing the project including, without limitation , 

costs associated with roadway, utility, and other infrastructure facilities designed to 

serve in whole or in part, the project (but exclusive of land acquisition) in the 

aggregate amount of 5% of the most recent appraised market value of the real 

property on which the project is located; 

(4) Security is posted with the city to ensure performance of an obligation required by the 

city; or

163 

(5) Utility connection fees or impact fees for the project have been paid to the City or 

New Braunfels Utilities. 

(c) Abandonment of the project. Abandonment includes development of the property in a 

way other than provided for by the SUP. 

(d) Failure to satisfy the conditions of the SUP or follow the site plan made part of the SUP. 

(e) Code violations. Revocation may be considered if there are three or more code violations 

in a 720 day period. 

(1) Notice to property owner. If the Planning Director finds no less than three violations of 

any code of ordinances on the property within a 360 day period, he shalf advise the 

applicant of a revocation hearing. The Planning Director shalf notify the property 

owner in writing of the violations and that an administrative hearing will be held 

concerning the violations. Such notice shalf be given at feast 1 0 days prior to the 

hearing. The Planning Director shalf take evidence and conduct an administrative 

hearing to determine if a revocation procedure should be initiated. Such a 

determination is not subject to appeal to the Zoning Board of Adjustment. 

(2) If the Planning Director finds that there is credible evidence that the code of 

ordinances has been violated, or there have been convictions or guilty pleas in any 

court of competent jurisdiction, on at feast three separate occasions within a 720 day 

period, and after the administrative hearing, he shalf initiate a SUP revocation 

process. 

(3) Appeal to Municipal Court. Any code violation may be appealed to, or considered by, 

the Municipal Court Judge. The parties at interest in this appeal may cross examine 

witnesses. 

(f) Revocation process. The revocation process shalf be the same as for a zoning district 

change, with notice to property owners within 200 feet, public hearing and 

recommendation by the Planning Commission, and public hearing and ordinance 

consideration by the City Council. 

(g) The City Council may deny the SUP revocation, approve the revocation, deny the 

revocation and add additional restrictions to the SUP, suspend the SUP for a period the 

Council determines, or amend the SUP with probationary requirements and terms the 

Council determines. 

(h) Upon revocation of a special use permit the property subject to the special use permit 

may be used for any permitted use within the applicable base zoning district. 

3.6-6. Compliance with conditions. Conditions which may have been imposed by the City Council 

in granting such permit shall be complied with by the grantee before a Certificate of Occupancy 

may be issued by the Building Official for the use of the building on such property. 

3.6-7 Telecommunications towers and/or antennas. See Sec. 5.6 

3.6-8. Deviation from Code. The City Council may approve a special use permit with deviations to 

any provision of the Code of Ordinances. Such deviations shalf be listed or shown in or as part of 

the Ordinance approving the special use permit.

~ - ,City of 


164 

PLANNING 

October 13, 2010 


10010 San Pedro 

Suite 450 

San Antonio TX 78216 

RE: Case # PZ1 0-32 

Special Use Permit for 7.602 acres out of the A.M. Esnaurizar Survey, located on 

SH 46 South, adjacent to Stone Gate Subdivision, to allow a maximum density of 

16 units per acre in an "R-3" Multifamily Low Density District 

Dear Gillette Holdings: 

This letter is to inform you that the City Council will conduct a public hearing '::ind first 

reading of an ordinance regarding the request referenced above on Monday, 

November 8, 2010, in Council Chambers, New Braunfels Municipal Building, 424 S. 

Castell, New Braunfels, Texas. The meeting begins at 6:00P.M. and it is important that 

you or your representative be present. Unless notified otherwise, or if denied by City 

Council on first reading, the second reading of the ordinance adopting the Special Use 

Permit will be held on November 22, 2010. 

If you have any questions, please call the Planning Department at (830) 221-4050. 

Sincerely, 

Uf!~_ 

Matt Greene, CFM 

Planner 

424 S. Castell Avenue 

New Braunfels, TX 78131-1747 

Ph: (830) 221-4053 

Fax: (830) 608-2109 

e-mail: mgreene@nbtexas.org 

I' U BO\ 311 ' 4- 

\E'.I BR-Il,"H'I',, TF\ \'-~I 

124\01 Hll\SIEIL ·\IEo'.LE 

'F\1 HR.It•1\FEt -.. 1 E\A' -sJ -"'

165 

EXCERPT FROM PLANNING COMMISSION MINUTES OF OCTOBER 12,2010 

DRAFT 


Case PZ10-32: Public hearing and recommendation to City Council regarding the proposed 

Special Use Permit for 7.602 acres out the A.M. Esnaurizar Survey, located on SH 46 South, 

adjacent to Stone Gate Subdivision, to allow a maximum density of 16 units per acre in an "R-3L" 

Multifamily Low Density District. (Brass Real Estate Growth Fund IV, LP) 

Mr. Greene briefed the Commission on the history of the development. He noted that 20 notices were 

sent to property owners within 200 ft. of the subject property; two responses were received in favor of the 

Special Use Permit (#2 and 4) and five in opposition (#8, 10, 14, 16 and 20). He concluded by stating that 

staff recommended approval of the proposed Special Use Permit, which was compatible with the mix of 

existing commercial and residential development adjacent to SH 46 South of IH 35, and would act as a 

buffer between the single-family residentially zoned properties to the north and northeast and the 

commercially zoned property adjacent to SH 46. 

Chair Casteel asked if there was anyone to speak in favor of the Special Use Permit. 

Mario Gonzales, 103 Teich Loop, spoke for the developer. He reported that a drainage study had been 

conducted and the developer had worked with neighbors to address drainage and buffering issues. 

Chair Casteel asked if anyone wished to speak in opposition. No one spoke. 

A motion to close the public hearing was made by Vice Chair Elrod, seconded by Commissioner Namken, 

and passed unanimously. (9-0-0) 

Motion by Commissioner Bearden, seconded by Commissioner Hoyt, that Case PZ1 0-32 be forwar.ded to 

City Council with a recommendation to approve. The motion carried unanimously. (9-0-0) 

ATTACHMENT 13

166 


AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR 7.602 ACRES OUT OF THE A.M. 

ESNAURIZAR SURVEY, LOCATED ON SH 46 SOUTH, ADJACENT TO STONE GATE 

SUBVDIVISION, TO ALLOW A MAXIMUM DENSITY OF 16 UNITS PER ACRE IN AN "R-3L" 

MULTIFAMILY LOW DENSITY DISTRICT; ; REPEALING ALL ORDINANCES IN CONFLICT; 


WHEREAS, the City Council of the City of New Braunfels has complied with all requirements of notice of 

public hearing as required by the Zoning Ordinance of the City of New Braunfels; and 

WHEREAS, in keeping with the spirit and objectives of a Special Use Permit, the City Council has given due 

consideration to all components of said permit; and 

WHEREAS, the City also recognizes that granting such a permit is possible while promoting the health, 

safety, and general welfare of the public, by providing harmony between existing zoning districts and land uses; and 

WHEREAS, it is the intent of the City to ensure for the health, safety and general welfare of the public by 

providing compatibility and orderly development, which may be suitable only in certain locations in a zoning district 

through the implementation of a site plan delineating those requirements cited in Sections 3.6-2 and 3.6-3, Chapter 

144, of the New Braunfels Code of Ordinances; and 

WHEREAS, the City Council desires to grant a "Special Use Permit" for 7.602 acres out of the A.M . 

Esnaurizar Survey, located on SH 46 South, adjacent to Stone Gate Subdivision, to allow a maximum density of 16 

units per acre in an "R-3" Multifamily Low Density District; now therefore, 

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS: 

SECTION 1 

THAT Sections 3.6-2 and 3.6-3, Chapter 144 of the New Braunfels Code of Ordinances and particularly the 

Zoning Map of the City of New Braunfels, are revised by adding the following described tract of land as a "Special 

Use Permit" for the uses and conditions herein described: 

"Being 7.602 acres out of the A.M. Esnaurizar Survey, located on SH 46 South, adjacent to Stone 

Gate Subdivision, as described in Exhibit "A" and delineated in Exhibit "8", to allow a maximum 

density of 16 units per acre in an "R-3" Multifamily Low Density District." 

SECTION 2 

THAT the site plan attached as Exhibit "C" is herewith adopted as part of the Special Use Permit. 

SECTION 3 

THAT all provisions of the Code of Ordinances of the City of New Braunfels not herein amended or repealed 

shall remain in full force and effect.

167 

SECTION4 

THAT all other ordinances, or parts of ordinances, in conflict herewith are hereby repealed to the extent that 

they are in conflict. 

SECTION 5 

THAT if any provisions of this ordinance shall be held void or unconstitutional, it is hereby provided that all 

other parts of the same which are not held void or unconstitutional shall remain in full force and effect. 

SECTION 6 


PASSED AND APPROVED: First Reading this the 8th day of November, 2010. 

PASSED AND APPROVED: Second Reading this the 22"d day of November, 2010. 


ATTEST: 


ANN SMITH, Interim City Secretary 



U:\Pianning\Ordinances\Special Use Permits\Gillette Holdings SUP 11-8-1 O.ord.doc 

2

168 

...1 PAPE-DAWSON 

,.. ENGINEERS 

LAND DEVELOPMENT ENVIRONMENTAL TRANSPORTATION WATER RESOURCES SURVEYING 

FIELD NOTES 

FOR 

A 7.602 acre, or 331,143 square feet more or less, tract of land out of a 35.827 acre tract 

conveyed to Brass Real Estate Growth Fund IV, L.P., recorded in Vohune 1874, Pages 670~675 

of the Official Public Records of Real Property of Guadalupe County, Texas. Said 7.602 acre 

tract being more fully described as follows, with bearings based on the North American Datum 

of 1983 (CORS 1996), from the Texas Coordinate System established for the South Central 

Zone: 

COMMENCING: At a found W' iron rod, on the northeast right-of-way line of State Highway 

46, a 120-foot right-of-way, the southwest comer of Lot 9 of Seidel's 

Subdivision, recorded in Volume 4, Page 9 of the Map and Plat Records of 

Guadalupe County, Texas, the southwest comer of said 35.827 acre tract; 

THENCE: 

THENCE: 

THENCE: 

THENCE: 

Departing the northeast right-of-way line of said State Highway 46, along and 

w_ith the southeast line of said Lot 9, the northwest line of said 35.827 acre 

tract, the following calls and distances: 

N 53°43'40" E, a distance of 274.05 feet to the POINT OF BEGINNING of 

the herein descnbed tract~ 

N 53°43'40" E, a distance of 216.79 feet to a point, the northeast comer of 

said Lot 9, a re-entrant comer of said 35.827 acre tract; 

N 58°50'08" W, along and with the northeast line of said Lot 9, a south line of 

said 35.827 acre tract, a distance of 32.90 feet to a found Y2" iron rod with cap 

marked "CSTLA", the so uthw~st CQrner of Lot 4, Block 1 of the Stone Gate 

Subdivision, Unit-1, recorded in Volume 6, Page 89 of the Map and Plat 

Records of Guadalupe County, Texas~ 

N 53°45'06" E, departing the northeast line of said Lot 9, continuing with a 

north line of said 35.827 acre tract, the southeast line of said Stone Gate 

Subdivision, Unit-1, a distance of 616.45 feet to a found W' iron rod on a 

southwest line of a 2.000 acre tract recorded in Volume 716, Pages 1266-1269 

of the Guadalupe County, Deed Records, the east comer of a 0. 757 acre 

Variable Width Drain Easement dedicated in said Stone Gate Subdivision, 

Unit-1, the east comer of said Stone Gate Subdivision, Unit-1, a north comer 

of said 35.827 acre tract; 

S 32°43'57" E, along and with the southwest line of said 2.000 acre tract, a 

northeast line of said 35.827 acre tract, a distance of 30.69 feet to a point, the 

south comer of said 2.000 acre tract, a re-entrant corner of said 35.827 acre 

tract; 

SAH AHTOMID I AUSTIN 

WWW.PAPE - DAW SOH . CDM 

555 Eost R~ m s~y San Antonio, T~xa~ 711~16 P 210.375.~000 F 2 r o . 'l7~ . oo on 

EXHIBIT "A"

169 

7.602 Acres 

Job No.: 7613·00 

Page2 of2 

THENCE: 

THENCE: 

THENCE: 

THENCE: 

THENCE: 

THENCE: 

N 53°18'21" E, along and with a northwest line of said 35.827 acre tract, the 

southeast line of said 2.000 acre tract, a distance of 11.47 f~t to a point; 

S 38°09'07" E, departing a north line of said 35.827 acre tract, the southeast 

line of said 2.000 acre tract, over and across said 35.827 acre tract, at a 

distance of 154.13 feet, passing a ·found W' iron rod, for the west comer of a 

2.089 acre tract, recorded in Volume 1198, pages 386-389 of the Official 

Public Records of Real Property of Guadalupe County, Texas, continuing 

along and with the southwest line of said 2.089 acre tract, a northeast line of 

said 35.827 acre tract, for a total distance of331.48 feet to a point; 

S 44°52'24" W, departing the southwest line of said 2.089 acre tract, a 

northeast line of said 35.827 acre tract, over and across said 35.827 acre tract, 

a distance of 835.60 feet to a point on the northeast right-

N.T.S. 

DEED/PLAT REFERENCE 

D.R. 

D.P.R. 

O.P.R. 

'IOTE.S. 

II 

DEED RECORDS Of GUADALUPE COUNTY, TEXAS 

DEED AND PLAT RECORDS Of GUADALUPE COUNTY, TEXAS 

OFFICIAL PUBUC RECORDS (OFl'lCIAL PUBLIC RECORDS 

OF REAL PROPERTY) OF GUIIDALUPE COUNTY, TEXAS 

nu; BE,\RINGS FOR TtiiS SURVEY ARE BASED ON THE NORTii 

1\M~RICM-1 DI\TUM OF IQ~J !t:ORS 1 1 196), FROM THE r F.XAS 

C.:OORDINI\TE SYST~M ESTABLISIIED FOR filE SI)UTII CENTRo\!. 

l.ON~. 

LOT 9 

SEIDEL'S SUBDIVISION 

(VOL. 4, PG. 9 M:P.R.) 

N53'43' 40"E 

274~05 

P,O.C. 

F'O. * IRON ROO 

4 

5 ""' el 12 / 13 

STtJNE OA'It SUIIOMSION UIGT 1 

(\'11. e. PG. 80 loi.P.lt.) 

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( IN FEET ) 

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(\'11. 711. PCS. 

1ZIMI-12811 O.R.) 

UNE TABLE 

UNE BEARING LENGlH 

Ll N 53'43'40" E 216.79' 

L2 . N 58'50'08• W J2.90' 

LJ. N 5S45'os• E 616.45' 

L4 S 32"-43'57" E J0.69' 

LS N 53,8'21" E 11 . 47'_~ 

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·I :· 

EXHIBIT "C"

172

-·_, City of 

~-.. New Braunfels City Council Agenda Item Report 


) 

Agenda Item No . .!L/1_ 

Presenter/Contact - Shannon Mattingly, . anning Director 


173 

SUBJECT: 

Public hearing and consideration of an ordinance abandoning a portion of 

Dunlap Drive, located between Lake Front Avenue and Lake Dunlap. 

APPLICANT: 

Alfredo Leos 

OWNER: City of New Braunfels 

2631 Lions Den 

424 Castell Ave. 

New Braunfels, TX 78132 New Braunfels, TX 78130 


The subject right-of-way is the eastern portion of Dunlap Drive, 0.182 acres, located 

east of Lake Front Avenue extending to the shore of Lake Dunlap. The 40.02 by 200 

foot right-of-way is unimproved. The applicant owns the adjacent property to the 

northwest and John Scanio owns the property to the southeast. The two property 

owners are interested in purchasing the adjacent halves of Dunlap Drive right-of-way to 

incorporate into each of their properties. Each half of the right-of-way is 20.01 feet wide 

by 200 feet long. 

An appraisal was conducted at the City's request. The appraised value of the 0.182 

acres as developable land is $70,000. If approved for abandonment, the property will 

be required to be platted simultaneously with the purchase of the property. 

GENERAL INFORMATION: 

Size: 


and Land Use: 

0.182 acres 

North - "R-2" Single & Two-Family Residential District 

I Single-Family Residence 

South - "R-2" Single & Two-Family District I Single 

Family Residence 

East- "R-2" Single & Two-Family District I Dunlap Dr. 

West- "R-2" Single & Two-Family District (across 

Lake Dunlap) I Lake Dunlap and Camp Comal 



Improvements: 

Residential Low Density 

Unimproved 

NOTIFICATION: 

NIA 


174 



Priority: 

In/a 


A gain of $70,000 from the sale of property and the addition of 0.182 acres to the tax 

base. 


The Planning Commission held a public hearing on October 12, 2010, and 

recommended denial of the request by a vote of 7-1-0. 


Staff does not recommend approval of the proposed abandonment of 0.182 acres of 

Dunlap Drive right-of-way adjacent to Lake Dunlap. The City is working hard to obtain 

floodplain properties to prevent future flood damage to properties as well as provide the 

community with linear parks and open spaces. Selling the right-of-way would be 

contrary to the City's objective to protect the community from floods and provide open 

spaces. Maintaining the property as open space also provides the City credit in the 

CRS (Community Rating System) program for eligibility of reduced flood insurance 

rates for the community. In addition, the City does not have any other right-of-way 

access to Lake Dunlap on the south side of IH 35 and the east side of Lake Dunlap. 

The property could potentially be utilized for emergency access to Lake Dunlap. 

Should the City Council choose to approve the request for abandonment, the City 

Engineer has requested the entire tract be labeled as a drainage easement and NBU 

has requested a utility easement. 

ATTACHMENTS: 


2. Appraisal 

3. Location Map 

4. Aerial Map 

5. Zoning Map 



8. Survey 

9. Sec. 118-56. Closure, Abandonment, and Sale of Public Right-of-Way 

10. Photo of Subject Property 

11 . Excerpt from the Planning Commission Minutes of October 12, 2010. 

Z:\CCagenda\Abandonments\Dunlap Dr. 11-8-1 O.doc 


175 

~ -_,City of 


• 

APPLICATION FOR CLOSURE/ABANDONMENT 

OF STREETS, ALLEYS OR PUBLIC WAYS 

Planning and Community Development 

424 S. Castell A venue, New Braunfels TX 78130 

Phone: (830) 221-4050 Fax: (830) 608-2109 

1. APPLICANT: Al-,e..J..-y L-eoS 

ADDRESS: ;l,t.eJ I U .. V\J ·i)e~ 

TELEPHONE: Work: t? $ o ~ 4' L "(: - ~

176 

liCENSE 

Borrower: Not Applicable File No.: OH459A5L 

Property Address: Dunlap Drive 

Case No.: 

City: New Braunfels Slate: Texas Zip: 78130 

Lender: Alfred Leos 

TEXAS APPRAISER LICENSING AND -CERTIFICATION-BOARD. 

BE IT ru'"VOWN Tlli4.1' 

HAVING PIIQJIIDEDSAT1SFACTORY EVn>ENCE OFTHliQU:U.UICATJOiVS1lEQUIREfi 

Bl" THE TEXIIS .4l'PR;t/SER LICENSJN(; Ai 1 ii> .C.emrFICA110N.AC~ 

TEXAS OCCUJ>AT/O,'I.'S CODE, CllAPTER"JJ(}3, 

iS Au7HOPIZEI> TO CISE TilE TITLE 

STATE CERTIFIED 

RESIDEI\!TflAL REAL ESTATE APPRAISER 

Number: TX\-1327086 .. R 

Date of Issue: July 14, 20£0 

Date of Expiration: July 31, 2012 

W9lllcrR. Bean! 

Clinton P. Soycrs 

1\

177 

CERTIFICATE 

Borrower. Not Applicable File No.: OH459A5L 


Case No.: 

City: New Braunfels State: Texas Zip: 78130 

Lender: Alfred Leos 

The undersigned 'do hereby certify that, to the best of our )mow ledge and belief: 

The statements of fact contained in this report are true and correct. 

The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting 

conditions, and are our personal, impartial, and unbiased professional analyses, opinions, and conclusions. 

We have no present or prospective interest in the propertY that is the subject of this report, and no personal 

interest with respect to the parties involved. 

We have no bias with respect to the propertY that is the subject of this report or to the parties involved with 

this assignment. 

Our engagement in this assignment was not contingent upon developing or reporting predetermined results. 

Our compensation for completing this assignment is not contingent upon the development or reporting of a 

predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, 

the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended 

use of this apptaisal. 

The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in 

conformity with the Code ofProfessional Ethics and the Standards of Professional Appraisal Practice of the 

Appraisal Institute, which include the Uniform Standards of Professional Appraisal Practice (USPAP). 

The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly 

authorized representatives. 

As of the date of this report, I, Thomas Martin, SRA, have completed the requirements of the continuing 

education program of the Appraisal Institute. 

I have made a personal inspection of the property that is the subject of this report. 

No one provided significant real property appraisal assistance to the persons signing this report, except as 

may be noted elsewhere in this report. 

Neither all nor any part of the contents of this report (especially any conclusions as to value, the identity of 

the appraiser or the firm with whlch he is connected, or any reference to the Appraisal Institute or to the MAl 

designation) shall be disseminated to the public through advertising media, public relations media, news 

media, sales media or any other public means of communication without the prior written consent and 

approval of the undersigned. 

The ~ppraisa l assignment was not based on a requested minimum valuation, a specific valuation, or the 

approval of a loan 12 CFR 564.4 (a) (I 0). 

The appraisal was prepared in conformance with the rules and regulations of the Texas Appraiser Licensing 

and Certification Board and the Texas Real Estate Commission. 

~~~?! 

Thomas Martin, SRA, CRP 

State Certified Residential Real Estate 

Appraiser (Number: TX-1327086-R) 

111 Soledad, SUite 800, San Antomo, Texas 78205-2283

•, 

Borrower: Not Applicable 


City: New Braunfels 

lender: Allred Leos 

PLAT 

178 

File No.: OH459ASL 

Case No.: 

State: Texas Zip: 78130 

Scale: 1 "=60' 

LEGEND: 

F J.P. a FOUND lROil PIN 

S.LP. a SET lRON PlN mtl! 

RED CAP SfJJ.!PEll '+Tl7' 

P .O.B. = PODIT 01' BEGINNING' 

ON FIELD NOTES 

OBE • OVI!RHil.ID ELECTRIC 

cO' = UTD..IT\' POLE 

~ 

a:: 

0 

0.. 

5 

~ 

0 

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S44"0D'OO"E 

20.00' 

RO'IBS: 

THE BRARli!GS SHOllN IIX!l20li ARR BAS!lJl. 

ON THAT CBR'l'AIIT Dl!ED lll!CORD!ID IN 

DOCOUENT NO. 2006000307U OF mE 

Dl!ED RECORDS OP COI>!AL COUNTY, TI!AAS 

TBE Pl!OPERTY SHOWK III!REON IS: NOT LOCATED mTIIIN Tml 

"RECI!ARGE ZONE or '!BE BilliARDS AQOII'ER" AS D&'mRl!INEIJ 

FRO!! tilE EDWARDS ONDBRGROUND W.TER Dim'RICT BllLl.E'iJN 46, 

Clll!PlL!T!Olf OF B!Dl!OLOGJC DArA FOR THE llDWARDS A'!UlFER. 

S!N AN'l'ONJO AR&l, TEXAS, DATIID FEIIRITARY 1986. 

A PORTION_ OF THE PROPERt'T SBO"ITN SEIIEO!I IS LOCA7ED 

1liriiiN ZONB "A" FLOOD HAZARD AREA Ml 

DE'mR¥1NRD Fl!Old .FJIDBlW, El.IEliGEl!CY lWIAGBllBN'!' 

.tiGBllCY (PIOC4) FLOOD INSIJRAIICE RAT& HAP (FIRU) 

COYAL COtn.'l'Y, TEXAS AND DICORPORATED Al!BAS. 

C0!!1!Ulm'Y PANRL 110. 48D91C 0465 F 

DATED: SEP'I'EMBER 2, 2009. 

NO WARRANTY EXPRESS OR n!PUED IS !lADE 

REGA!lll1NG TBB ACUU!lACY Oi' '!'HE FEDERAL 

JruERGENCr W.NAGBMI!ll'l AGENCY (PEMA) ldAPS 

Rl!Pi:I!&NCES: 

VOL. 72, PG. 521 DEDICAT!Oll .AND MAP 

STATE OF TEXAS 

COUNTY OF CO!lAL 

--:·· ..... 

A PORTION OF DUNLAP DRIVE AS SHOWN IN 

VOL. 72, PG. 521, A.M. ESNAURIZAR ELEVEN 

LEAGUE GRAN T, CITY OF NEW BRAUNFELS, 

COMAL COUNTY, TEXAS 

BILL l'J. CALLENDER. R.P.L.S. 

L.4ND SUR\'EYING 

1017 fiARRIET 

CANYON !..'IKE, TEXAS 78193 

(SSO) 699-3280 

111 Soledad, Suite BOO: San Antonio, Texas 78205-2283

179 

Borrower. Not Applicable 


City: New Braunfels 

COMPARABLE SALES MAP 

File No.: OH459A5L 

Case No.: 


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180 

Borrower: Not Applicable 


Cny: New Braunfels 

Lender: Allred Leos 

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FLOOD MAP 

File No.: OH459ASL 

Case No.: 


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111 Soledad, Suite 800; San Antonio, Texas 78205·2283

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.

DUGGER, CANADAY, GRAFE, INC. 182 

Vii?/1 of Property along the 

Guadalupe River

SUBJECT PROPERTY PHOTO ADDENDUMlS3 

FRONT VIEW OF 

SUBJECT PROPERTY 

Da~: August1 1,2010 

REAR ViEW OF 

SUBJECT PROPERTY 

STREET SCENE

orStaleUce~el __________________________________ 

184 

DUGGER, CANADAY, GRAFE, INC. 

LAND APPRAISAL REPORT 

CERTIFICATIONS AND LIMITING CONDITIONS (conUnued) 

ReNo. OH459A5L 

13. I oblained the information, estimeales. and opinions Mnished by othet parties and expreosed in this appraisal report tom reiable sources thai I beieved ID be bue end 

COnsnsX!em!lhese act, opirions, and condusions, 'IA1lch are subjed only to the assumptions and £m1ing 

a>nndusions and opinions about the real estate that were set bth in lhis aPP'aisal report U I relied on ~I real pnli>OIIy appraisal 

assistance fnlm any lndividualo in the performance of this appraisal a lhe prepntion of this appraisal report, I have named such inOIVidua~s) and 

disclosed lhe specie lasb pe:fonned in this appraisal reporL I certify thai atrt inoMdual so named is qualified ID pe:fonn the 1as1, opin:ons, statements, 

a>ndusions. and the appraise(s certilealion. 

2. I a=pl full responsibilty for the a>ntenls of lhis appraisal report inc:!udi>g, but nollimled ID, the appraiser's analysi>, opinions, slalemenls, a>ndusions, and lhe 

appaiser's c:er1ificalion. 

3. The appraiser idenb'!ed in this appraisal report is eilher a sui>wnlractO< rx an emp~e of the supeiVisory eppraiser (cr the appraisal lrm), is quaUed Jo pelform this 

appraisal, and is aa:eplab!e Jo perftrm this appraisal undetthe applicable stale law. 

4. This appraisal report """fl'ios with the Uniform Standards or Professional Appraisal Fr.ldice that were adopted and promulgated by tha Appraisal Standards Boanl of 

The Appraisal Foundetion and thai Wl!le In place at the lime this appraisal report was prepared. 

5. U this appraisal report was lransn'itled as an •eJectrnnicrea>td" a>Oiaining my •etectronJc signattre•, as those lerms ane defned in appkable federal'andlcr stata taws 

(exdu!fing aud'o and vi! eo reard'11gs), or a fat$1nie r.tnsnission of this appraisal report cmta:ning a a>py a representation of "'J signaltre, the appraisal report shall 

be as etrective, enfortei!bie and valid as la paper Y1!J>ion of this appraisal report were delvered containing rrtf original hand lllillen signaltre. 

•• 

SIGNATURES 

APPRAISER 

&gnaWre ~c-~-i 

Name Thomas Martin , SRA, CRP 

Company Name Dugger, Canaday, Grafe, Inc. 

~any Address 111 Soledad, Suite 800 

San Anto nio, T exas 78205-2283 

Telephone Number ~(2:..!1~0L ) 22!:!7~-6~22~9 _____________ 

emaa Address tmartin@dcgappraisers.net 

Date of Signature and Report 09,1!:'08,12 .:0:::.1,_,0,___________________ 

E~ective Data or Appraisal !:A!!!u~gu~s~t~1'=.!1,_,.:2~0.!: 

1 0~---------------- 

Stale Cetlilicalion # .!.TX~-:..!1.!!.3.=27~0~6~6-;:!;R~---------- 

_ 

orOther(desmbe) -------------- Slata# ----------- 

StaiB Texas 

Expi'alion Date of Certifiealion "' Lloense ,0-"7/'-'3'-'1!!12:::0:c1c::2:,____________ 

ADDRESS OF PROPERTY APPRAIS8l 

Dunlap Drive 

New Braurtfels, Texas 78130-11 21 

AFf'RAISEDVAll£0FSUIJECTPR!J'ERIYS !..:70~,~00:!!0~----- 

LENOER/CllENT 

Name ----~~~~--------------------------- 

Company Name ::A:!! I fr::.:e :::d~Le,o.,s:.....,_________________________ 

eompatrtAddress 2631 U ons Den 

New Braunfels, Texas 78132-4149 

Emzl Adc!tess f.aleos 

hoo.com 

SUPERVISORY APPRAISER (ONLY IF REQUIRED) 

Natne S~MU·------------------------------------- 

_________________________________________ 

~Y Nama --------------------------------- 

Cornpatrf AdcRss 

Telephone Number 

A11a..a.iiAI".)IO~t.,lllQ.DUI'Z1_..,~ 

P.1ge

-f 

~ r- ,Cityof 

o \;jjJ New Braunfels 

:X: -......;.;.~:::;::;;;;-- 

s: 

m 

z 

-f 

PZ10-40 

Abandonment of 0.182 Acres of Dunlap Drive 

Alfredo Leos 

Planning Commission Meeting October 12, 2010 

tB 

0 250 500 Feet Map Created 9/27/1( 

I I I I 

Scale 

I

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ooot 

)> 

(") 

:I: 

g 

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ooot 

.b. 

Abandonment of o.182 Acres of Dunlap Drive 

Alfredo Leos 

Planning Commissir Meeting October 12, 2010 

I I I I I 

Scale 

) .__,.

Zon\11~'9 

Map 

llfi1!mli1mie 

100 

...... 

co 

-...] 

.850 

f2ZJ Subject 

CJ Parcels 

ZONING DISTRICT 

@mm) 

Existing Land Use Map 

~f.J:) 

Legend 

~Subject 

c=::J Parcels 

)> 

-1 

C:=J Residential Low Density 

I I Residential High Density 

.. Open Space 

£ ~ ~~~-----· 

r-1 Cityof 

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( 

PZ10-40 


Alfredo Leos 

Planning Commiss1 -·Meeting October 12, 2010 

0 75 150 Feet 

I I I I I 

Scale 

-) 

Map Created 9/27/11

Future Land Use Map 

llfiRJS@!Iii"f.J:l 

.... 

co 

1.0 

Legend 

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~Subject 

c=J Parcels 

.. Commercial 

.. Open-Parks 

[=:=J Residential Low Density 

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c=J Residential Medium/High Density 

~ 

£ r ·,Cityof 

!: ~~ New Braunfels 

~ -.......;.~:::::;;;-- 

-1 

...., 

PZ10-40 


Alfrect.o Leos 

Planning Commission Meeting October 12,2010 

0 75 150 Feet 

I I I I I 

Scale 

·•· 

a 

Map Created 9/27/H

LAKE FRONT AVE. 

I 

I 

I 

I 

I 

I 

Scale: 1"=60' 

X 

LEGEND: 

F.LP. = FOUND meN PIN 

S.I.P. = SET maN PIN WITH 

RED CAP STA:u:PED '4777' 

P.O.B. = POINT OF BEGINNING' 

ON FIELD NOTBS 

OHE = OVERHEAD ElECTRIC 

(()) = trnLlTY POLE 

o--- 

S44'00'00"E 

20.00' 

NOTBS: 

THE BIWUNGS SHOliN IIERBON ARE BASED 

ON THAT CERTAIN DIED RECORDED IN 

DOCUliENT NO. 200608080711 OF THE 

DEED RECORDS OF COllAL COUNTY, TBXAS 

THE PROPERTY SHOWN HEREON IS: NOT LOCAl'ED 11ITH1N TBE 

"RECHARGE ZONE OF TBE EDWARDS AQUIFER" AS DETEIOONED 

FROM THE EDWARDS UNDBRGROUND WATBR D!Sl'RIC'l' BUUETIN 46, 

COMPILATION OF HYDROLOGIC DATA FOR THE EDWARDS AQUIFER, 

SAN ANTONIO AREA. 'l'EXAS, DA'l'BD FRIIRUARY 1988. 

A PORTION OF THE PROPERTY SHOliN HEREON IS LOCATED 

li'I'I'HIN ZONE "A" FLOOD HAZARD AREA AS 

DEl'EIUIINED FRO:U: FBDERAL EllERGENCY' :u:ANAGBMENT 

AGENCY' (FE!.IA) FLOOD lNSURANCE RATE MAP (FIRM) 

COllAL COUNTY, 'l'EXAS AND INCORPORATED ARRAS. 

COWiUNITY PANEL NO. 48091C 0455 F 

DATED: SEPTEllBER 2, 2009. 

NO WARRANTY EXPRESS OR 1:wPLIED IS !lADE 

REGARDING THE ACCURACY' OF THE FEDERAL 

EliERGENCY' MANAGB:u:EN'J' AGENCY' (FEKA) MAPS 

RBFERBNCES: 

VOL. 72, PG. 521 DEDICATION AND MAP 



VOL 72. PG. 521, A.M. ESNAURIZAR ELEVEN 

COUNTY OF COMAL 

LEAGUE GRANT, CITY OF NEW BRAUNFELS, 

I HEREBY CERTIFY THAT THE ABOVE PLAT COMAL COUNTY, TEXAS 

IS A TRUE AND CORRECT REPRESENTATION 

OF AN ACTUAL SURVEY MADE ON THE GROUND 

UNDER MY SUPERVISION AND THAT THERE ARE 

NO VISmLE EASEMENTS OR ENCROACHMENTS 

OF BUILDINGS ON ADJOINING PROPERTY 

EXCEPT AS SHOWN ABOVE. 

AC. 

BILL W. CALLENDER, R.P.L.S. 

LAND SURVEYING 

1017 HARRIET 

CANYON LAKE, TEXAS 

(8SO) 899-3280 

ATTACHMENT 8

191 

EXCERPT FROM SUBDIVISION ORDINANCE 

Sec. 118-56. Closure, abandonment, and sale of public right-of-way. 

a. Procedures. All persons desiring to have the City Council exercise its powers under Article X, 

Section 10.05, Home Rule Charter, regarding the abandonment or closing of public streets, 

alleys, or other public ways, shall fife their request in writing with the Planning Director, in writing, 

directed to the Planning Commi~sion . Such request shall contain a legal description, including 

metes and bounds, of the street, alley or public way as well as a plan or survey showing the 

street, alley or public way and the surrounding property within 400 feet therefrom. If the 

property(s) abutting the street, alley or public way is under separate ownership, the applicant shall 

provide with such request, together with the last known address of all such owners joining in the 

request and a copy of the deed of said property. Unless all owners of abutting property(s) join in 

the request, a statement shall be attached giving reason for nonparticipation by those who have 

not signed the request. The Planning Commission shall forwards its recommendations to the City 

Council. 

b. Fee. Each request shall be accompanied by the payment of a nonrefundable application fee in 

the amount of $150.00 to cover the expense of administrative processing, notification, and legal 

publication incurred by the City. 

c. Sale or exchange. The City may sell or exchange the public street, alley, or other public way to be 

abandoned either to: 

1. abutting property owners in the same subdivision, if the land had been subdivided; or 

) 

2. abutting property owners in proportion to their abutting ownership, provided that the 

apportionment among such abutting owners of the land to be sold or exchanged shall be 

made in an equitable manner. 

However, nothing in this section obligates the City to complete a proposed sale or exchange. 

d. Appraisal. The sale or exchange price of the public street, alley, or other public way to be 

abandoned shall be the fair market value of the land, which price shall be conclusively determined 

by an appraisal obtained by the City. The applicant shall reimburse the City for the cost of the 

appraisal prior to consideration by the Planning Commission. To affect the sale or exchange, the 

City Council shall adopt an ordinance authorizing the Mayor or City Manager to execute the 

conveyance. 

e. Land Exchange. Any land acquired by the City in exchange for any portion of the public street, 

alley or other public way to be abandoned shall also be appraised at fair market value and shall 

be devoted to use for streets, rights-of-way or other similar public purposes after the exchange is 

completed. An exchange within the meaning of this Section may be accomplished by 

simultaneous dedication of other street, alley or public right-of-way designed to provide traffic 

circulation meeting the requirements of the City's Thoroughfare Master Plan or other street plan 

acceptable to the City. The City may also accept in exchange other land or easements, such as 

park land and drainage easements. 

f. Fund established. All payments received by the City pursuant to this section, other than 

administrative fees and expenses, shall be paid into a fund which is hereby established as the 

"street trust account" to be used for land acquisitions and improvements related to street projects 

in the City. 

g. Updating plat records. Upon the abandonment, closure or alteration of any public street, under 

the terms of this Section, the applicant shall be required to plat or replat the affected properties so 

that the plat records shall accurately reflect the revised subdivision of the property. 

ATTACHMENTS

..... 

0 

l.ANMJoQC 

PZ10-40 


Alfredo Ieos 

Planning Commission ' ~ting October 12, 2010

193 


DRAFT 


Case PZ10-40: Public hearing and recommendation to City Council regarding the abandonment of 

a portion of Dunlap Drive, located between Lake Front Avenue and Lake Dunlap. (Alfredo Leos) 

Mr. Greene explained that the two property owners adjacent to Dunlap Drive at the Guadalupe River were 

petitioning the City to abandon the unimproved right-of-way (ROW), appraised at $70,000. He said staff 

did not recommend approval of the abandonment as the City was working hard to purchase floodplain 

properties to prevent future flood damage to properties, as well as providing the community with linear 

parks and open spaces. He said that maintaining the property as open space also provided the City 

credit in the Community Rating System (CRS) program for eligibility of reduced flood insurance rates for 

the community. In addition, the ROW had potential use for emergency vehicles or park access to the 

river, which the City did not have on this side of the river east of IH 35. He stated that if the Commission 

and Council desired to approve the abandonment of the ROW, staff recommended the following 

conditions: 1) The entire tract must be platted as a drainage easement; 2) Plat a 20' wide electric 

easement with an off-set of 5/15 on all other electric lines located on the property. The 15' must be on 

the side with the current right-of-way; 3) Plat a 20' sewer easement with a 10/10 split from the manholes 

up to the boundary line; and 4) There is an existing manhole at the end of the curb and a service line 

paralleling the river. Locate the manhole at the interception of Dunlap Drive and Lakefront Avenue and 

the two manholes east and west on the service line paralleling the river to establish alignment. 

Commissioner Hoyt asked if the City had ever used the property for emergency purposes. Mr. Greene did 

not believe so. 

Ms. Mattingly apded that the Fire and Parks Departments were interested in the future use of the property 

since the City did not own property on that side of the River. 

Vice Chair Elrod opened the hearing to public comment. 

Jim Richter (no address given) said he and his partners would be developing the adjacent property to the 

north of the ROW and would be willing to pave part of the property for emergency equipment, or improve 

the property so that it could suit everyone's needs. 

John Scanio, 1140 W. Coli St., said he owned the property to the south of the ROW. He noted for the 

record that he would not be interested in paving any portion of the property since he wanted to purchase 

the ROW for additional privacy. 

Alfred Leos, 2631 Lion's Den, commented that the appraisal was based on the property being buildable, 

however it was not. 

A motion to close the public hearing was made by Commissioner Massouh, seconded by Commissioner 

Myrick, and passed unanimously. (8-0-0) 

Motion by Commissioner Massouh, seconded by Commissioner Myrick, that Case PZ10-40, the 

abandonment of a portion of Dunlap Drive, located between Lake Front Avenue and Lake Dunlap, be 

forwarded to City Council with a recommendation to deny. The motion carried , with Vice Chair Elrod 

voting "no". (7-1-0) 

ATTACHMENT 11

194 

ORDINANCE NO. 2010 -__ 

AN ORDINANCE ABANDONING 0.182 ACRES OF PUBLIC STREET RIGHT-OF-WAY 

LOCATED BETWEEN LAKE FRONT AVENUA AND LAKE DUNLAP, ACCORDING TO 

THE PROVISIONS OF CHAPTER 253, SECTION 253.001 OF THE TEXAS LOCAL 

GOVERNMENT CODE; REPEALING ALL ORDINANCES IN CONFLICT; CONTAINING A 

SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE 

WHEREAS, the City of New Braunfels, Texas, has street rights to a 0.182 acre tract of land, more or 

less, being a public street right-of-way, located between Lake Front Avenue and Lake Dunlap, and said street 

right-of-way being in the City of New Braunfels, Texas; and 

WHEREAS, the City of New Braunfels, having received a request from Alfredo Leos, petitioning the 

City of New Braunfels to consider the abandonment of said alley; and 

WHEREAS, after determining that there is no need for the City of New Braunfels or any other 

surrounding property owners to retain the street right-of-way, it is the decision of the City Council of the City of 

New Braunfels that action be taken to release same to Alfredo Leos and John Scanio in the proper and legal 

manner; and 

WHEREAS, there will be a need to retain easements for utility providers and easements will be 

retained in the Deed Without Warranty and shown on a replat of the property under the ownership of said 

owners; and 

WHEREAS, Thomas Ray Martin has been appointed as the Appraiser to appraise the value of the 

interests of the City of New Braunfels in said property, the interest being in only the rights to the right-of-way 

and not to the fee simple title of the land; and 

WHEREAS, the said appraiser has determined that the fair market value of the rights to the land is 

SEVENTY THOUSAND DOLLARS and NO CENTS ($70,000.00), and thus by making the sale of the land to 

the abutting property owners, the City of New Braunfels will be complying with all sections of said Chapter 253, 

Section 253.001, and that the sale of said land in this particular instance has been determined by a fair 

appraisal and is conclusive of the fair market value thereof; now , therefore; 

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS 

SECTION 1 

That the City of New Braunfels, acting by and through its City Manager shall execute a Deed Without

195 

Warranty to Alfredo Leos and John Scanio, conveying all of its right, title and interest in and to the public rightof-way 

and all rights in and to a 0.182 acre tract of land, more or less, being public street right-of-way located 

between Lake Front Avenue and Lake Dunlap, and said street right-of-way being in the City of New Braunfels, 

Texas. A survey of the property to be conveyed is attached marked Exhibit "A". If said Deed Without 

Warranty is not executed within one hundred and twenty (120) days of the second and final reading of this 

ordinance, this ordinance shall become null and void and a new application for abandonment shall be 

required. 

SECTION 2 

That the entire 0.182 acre tract of land be retained as a drainage and emergency access easement 

and that all necessary utility easements requested by New Braunfels Utilities be provided. 

SECTION 3 

That all provisions of the Code of Ordinances of the City of New Braunfels not herein amended or 

repealed shall remain in full force and effect. 

SECTION 4 

That all other ordinances or parts of ordinance in conflict herewith are hereby repealed to the extent 

that they are in conflict. 

SECTION 5 

That if any provisions of this ordinance shall be held void or unconstitutional, it is hereby provided that 

all other parts of the same which are not held void or unconstitutional shall remain in full force and effect. 

SECTION 6 


PASSED AND APPROVED: First Reading this the 8 1 h day of November, 2010. 

PASSED AND APPROVED: Second and Final Reading this the 22"d day of November, 2010. 


ATTEST: 

R. BRUCEBOYER,Mayor 


196 



Z:\OrdinancesV\bandonments\Dunlap Drive - 201 O.ord.doc

197 

LAKE FRONT AVE. 

I 

I 

I 

I 

I 

I 

Scale: 1 "=60' 

X 

LEGBND: 

F.LP. = fOUND IRON PIN 

SJ.P. = SET IRON PIN 1IITH 

RED CAP S'I'AliPIID '4777' 

P.O.B. = POINT OF BEGINNINCJ< 

ON PIEID NOTI!S 

ORE ~ OVERIII!AD ELECTRIC 

c:O' = UTILITY POLE 

NOTI!S: 

THE BIWUNGS SB011N BERBON ARE BASED 

ON THAT CERTAIN DIED RBCOBDIID IN 

DOCUKBII'l' NO. 2008080307U OF THE 

DEED RECORDS OF COlW. COUNTY, TI!US 

THE PROPERTY SHOWN HEREON IS: NOT LOCATIID WITHIN THE 

"RBCIWIGE ZONE OF THE ED1rARDS .lQUD'ER" AS DE:TERliJNED 

FROll THE IIDlrARDS UNDBRGROUND YA'Nl! DISTRICT BULLETIN 48, 

COliPILATION OF HYDROLOGIC DATA fOR TBE IID'II'ARDS AQUIFER, 

SAN ANTONIO AREA. TEXAS, IIATKD FEBRUARY 1988 • 

.l PORTION OJ' THE PROPERTY SBOlrll HEREON IS LOCATED 

1I'!TIIIN ZONE "A • FLOOD H.lZAliD AREA AS 

DE'I'BRliiNED FROll nmER.lL EliBRGE!ICY liANAGBliENT 

AGENCY (PEllA) FLOOD INSURAIICE RATE KAP (FIR!d) 

COWL COUNTY, TEXAS AND INCORPORATED AREAS. 

COWUNn'Y PANBL 110. 48091C 0455 F 

DATIID: SEPTEliBER 2, 2009. 

NO lrARRAII'1Y I!IPRBSS OR DlPUED IS liADE 

RBGARDING THE ACCURACY OF THE FEDERAL 

BIIBRGE!ICY llAIWlKIIEIIT AGE!ICY (J'EKA) !W'S 

RBnRBIICES: 

VOL 72, PG. 521 DIIDICATION AND liAP 



VOL 72. PG. 521, A.M. ESNAURIZAR ELEVEN 

COUNTY OF COYAL 

LEAGUE GRANT, CITY OF NEW BRAUNFELS, 

I HEREBY CERTIFY THAT THE ABOVE PLAT COMAL COUNTY, TEXAS 

IS A TRUE AND CORRECT REPRESBNTATION 

OF AN ACTUAL SURVEY :YADE ON THE GROUND 

UNDER YY SUPERVISION AND THAT THERE ARE 

NO VISIBLE EASEMENTS OR ENCROACHNENTS 

OF BUILDINGS ON ADJOINING PROPERTY 

EXCEPT AS SHOWN ABOVE. 

BILL lr. CALLBNDER, I 

LAND SURVEYING 

1017 HARRIET 

CANYON LAKE, TEXAS 

(830) 899-3280 EXHIBIT "A"

198

- , City of 




199 

Agenda Item No. ~ 

Presenter - Shannon Mattingly, Plann.ng Director 

830-221-4055 - smattingly@ nbtexas.org 

SUBJECT: 

Public hearing and consideration of a first reading of an ordinance rezoning 

Oak Run Subdivision, from "R-3" Multi-Family District, "C-1" Local Business 

District, and "C-3" General Business District, to " R-1A-6.6" Single Family 

District. 

APPLICANT 




OWNER: 

Multiple 

) 


During City Council's review of the Short-Term Rental section of the Zoning Ordinance, 

the Planning Department identified multiple residential neighborhoods with zoning other 

than residential. Council directed the Planning Division to have neighborhood meetings 

to explain the purpose of residential zoning and pursue rezoning to an appropriate 

district. 

The original master plan for the Oak Run Subdivision was approved in 1983. A public 

neighborhood meeting for the Oak Run Subdivision was held on September 14, 201 0 to 

explain the purpose of zoning the neighborhood to reflect the existing residential use. 

Approximately 23 residents attended. Those in attendance were supportive of the 

concept to change their zoning to R-1 A-6.6 Single Family District. Public notice was 

sent to all 133 property owners regarding the public hearing process to officially change 

the zoning of their property. 


Case # PZ1 0-41 

Size: 


and Land Use: 




35.67 acres 

North - R-1 A, R-1, R-2 / Single family dwellings 

South - C-1 A, C-3 I Businesses and vacant land 

East- n/a I Outside City Limits 

West- R-1 A, R-1, R-2 I Single family dwellings 

Residential subdivision. 

Residential subdivision. 

Page l of2

Notification: 

Public hearing notices were sent to the 133 property owners within the Oak Run 

Subdivision and 34 property owners located within 200 'teet of the subdivision. As of 

October 6, 2010, 14 responses in favor, zero against, and two returned undeliverable 

have been received. 

ADDRESSES A NEEDflSSUE IN A CITY PLAN OR COUNCIL PRIORITY: 

Yes 


Priority: 


Pros and Cons Based 

on Pol1cies Plan 

Pros: 

Goal6: Refine or add zoning requirements to be 

compatible with the community's overall intentions 

and the best interests of the community as a 

whole. 

Goal 20: Protect character and boundaries of 

existing neighborhoods. 

Cons: 

None. 

fiSCAL IMPACT: 

N/A 


The Planning Commission held a public hearing on October 11, 201 0 and recommended 

approval of the rezoning, (8-0-0). 


Staff recommends approval of the rezoning of Oak Run Subdivision as it is consistent with 

the current use, the intent of the existing residential subdivision and is consistent with the 

goals and priorities of the Comprehensive Plan. 

ATTACHMENTS: 

1 . Application 

2. Zoning Map 



5. Aerial Map 


7. Sec 3.4-2 "R1A-6.6" Single-family district 

8. Excerpt from Planning Commission minutes of October 12, 201 0. 

9. Ordinance 

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A PPLIC ATION FOR 

ZONE CHANGE 

424 S . CASTEL L AVE NU E 

NE W BRA UNFE L S TX 78 / 30 

E-MAIL: p/anningCa>,nbtexas. org 

PHONE: (830) 221-4050 FAX (830) 608-2109 

1. Applicant - If owner(s), so state; If agent or other type of relationship, a letter of authorization must be 


Name C..~+~ o~ NC..w \3>o.-~~.CC-1s 

Mailing Address '1 d. 'i S C.O...s -k-\ l Ay

I Zoning Map I 

Legend 

Zoning District 

.. APD Agricultural/Pre-Development 

.. C-1 Local Business District 

.. C-1A Neighborhood Business District 

.. C-1B General Business District 

.. C-3 Commercial District 

c::J M-UA Low Intensity Mixed Use District 

c::J PO Planned Development District 

c::J R-1 Single Family District 

CJ R-1 ASingle Family District 

CJ R-1 A6.6 Single Family District 

CJ R-2 Single and Two Family District 

[::J R-3 Multifamily Distict 

CJ ZH Zero Lot Line Home District 

c:::J ZHA Zero Lot Line Home District 

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Existing La •• d Use Map 

Legend 

Existing Land Use 

CJ Residential Low Density 

.. Commercial 

.. School 

.. Government 

CJ Institutional 

.. OpenSpace 

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Future Land Use 

.. Commercial 

1:-:':~.:;.q:J Drainage 

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206 


PLANNING COMMISSION- OCTOBER 12,2010- 6:00PM 


Various I City of New Braunfels 

) 





Coma! Appraisal District Records. The property under consideration is marked as "SUBJECT". 

INSIDE OAK RUN SUBDIVISION 

1. Abraham, Lee & Annette 37. Flores, Eduardo & Yolanda 

2. Adams, Jerald & Marcia 38. Flynn, Amy 

3. Alcock, Sophia 39. Fraker, Donald & Patricia 

4. Aldridge, Richard & Mary 40. Franklin, Marc & Allison 

5. Antoine Living Trust 41 . Goodbread, James 

6. Baker, Olga 42. Gough, Mac & Mary 

7. Bays, Alex & Yvonne 43. Green, Jeffrey & Linda 

8. Beard, Roy & Claudia 44. Hancock, Bennie & Shonda 

9. Becker, Arno & Jimmie 45. Hare, William & Sandra 

10. Blum, Dee 46. Harris, Robert & Anna 

11. Brandsma, Douglas & Kimberly 47. Harrison, Matthew & Sherry 

12. Surd, Richard & Guerrero, Doris 48. Heatherly, Lloyd & Jane 

13. Cameron, Joseph & Lana 49. Heikes, Warren & Lynda 

14. Caniford, Charles & Heather 50. Herman, Clay & Jennifer 

15. Castillo, Augustine & Schantz, Mary 51 . Hitzfelder, Dan 

16. Cawyer, Robert & Joann 52. Holliday, Mitchell & Joyce 

17. Chavez, Catalina & Rupert 53. Holmes, Don & Ann 

18. Claughton, William & Stacha 54. Holt, John & Marla 

. 19. Cole, Dwayne & Debra 55. Holtz, Kimberly 

20. Contreras, Kristin & Mario 56. Hypse, Cynthia & Steven 

21 . Covington, Steve & Jayme 57. Jecmenek, Linda 

22. Creswell, John & Dorothy 58. Jones, William & Glenda 

23. Davis, Andrew & Linda 59. Kear, Chhin & Theresa 

24. Davis, Daniel & Linda 60. Kenney, Ernest & Katherine 

25. Decola, Jarrett & Kristen Connell 61 . Kittle, John & Cheryl 

26. Delgado, Evelyn 62. Lenz, Mark 

27. Desalme, Richard & Edna 63. Lewis, James & Susan 

28. Dixon, Stephen & Lisa 64. Marshall, Eric 

29. Dixon, Troy & Jene 65. Marshall, Eric & Elizabeth 

30. Doerr, Roy & Freda 66. Martinez, Chester & Ester 

31 . Easter, Jerry & Joanne 67. Martz, Leslee 

32. Einfalt. Scott & Susan 68. McClellan, Leona 

33. Estes, Wanda & Michael 69. McCracken, Kenneth 

34. Ferrell, Michael & Carla 70. McCrary, Sammy 

35. Figueroa, Arturo & Rebeca 71 . McDonald, Garrett & Carla McDonald 

36. Firth, Darryl & Terri 72. McMullen, Wendy & Kenneth 

) 

SEE ATIACHED MAP 

u 

ATTACHMENT 6

207 

INSIDE OAK RUN SUBDIVISION (CONTINUED) 

73. Meche, Suzanne 109. Stiehler, Richard & Donna 

74. Merritt, Burton & Dorothy TR 110. Sundaram, Kelly 

75. Milad, Tammy & Jason 111. Symm, William & Bridget 

76. Miller, Cynthia 112. Tabb, William & Dorothy 

77. Moran, Wesley 113. Tartt, John & Cindy 

78. Morgan, William & Barbara 114. Taylor, Judith 

79. Murphy, Julie & James 115. Thames, Dale & Susan 

80. NB JNV Joint Venture 116. Thompson, Thomas & Susan 

81 . Nabours, James & Lillian 117. Tomlinson, Mark 

82. Narayana, Nathania! & Christina 118. Trevino, Joey & Elizabeth 

83. Oak Run Dev Joint Venture 119. Tuch, Traci 

84. OakRun Property Assoc. 120. Tyler, Stephen & Laura 

85. Patel, Hemlata 121. Vacek, Justin & Paula 

86. Paz, Armanos & Cynthia 122. Vallejo, Pedro & Judith 

87. Penshorn, Duane & Christine 123. Vukson, Kevin & Theresa 

88. Perrilloux, Ronald & Laura 124. Wages, Arthur & Michelina 

89. Perry Homes LLC 125. Watson, David & Michelle 

90. Perusquia, Joaquin & M. Weinberg 126. Weinstein, Marc & Halli 

91 . Phalen, Joan TR 127. Westbrook, William & Brenda 

92. Phalen , Howard & Carolyn 128. Whalen, Daniel & Ruth 

93. Pigue, Roy & Charmaine 129. Wilkerson, Daina, & Laura 

94. Poole, Birk & Karen 130. Wilson, Carroll & Lois 

95. Prewitt, Joshua 131 . Wofford, Christopher & Jo ann 

96. Pribyl Living Trust 132. Wort, Brian & Linda 

97. Prior, James & Jaime 133. Zarbock, Floyd & Nancy 

98. Reinke, Kathyrn & John 

99. Rinehart, Mark & Renee 

100. Rios, George & Wendi 

101. Rodriguez, Vernon & Theresa 

102. Rowcliffe, Kevin & Melissa 

103. Rutledge, Paul & Helen 

104. Schexnayder, Adam & Ashley 

105. Schriefer, Kurt & Robin 

106. Schwab, Larry & Virgina 

107. Simpson, John & Lynn 

108. Safran, Gregory & Esther 

SEE ATTACHED MAP

OUTSIDE OAK RUN SUBDIVISION 

134. Adams, Rubin & Elizabeth 

135. Belmarez, Brett & Shari Ann 

136. Broadway National Bank 

137. Buckley, Virgina Living Trust 

138. Budworth, Frederick & Mary 

139. Burr, Monty & Patti 

140. Byles, Joe & Lisa 

141. Canabal, Maria 

142. Carpenter, Lonnie & Patsy 

143. David, Darrell 

144. Dean, David & Linda 

145. Deason, Carol 

146. Doeppenschmidt, Barbara 

147. Driscoll, Michael & Parris 

148. Dugas, Jay & Debra 

149. Elliott, Rod & Danette 

150. Grantham, Arthur & Joyce 

151. Halenza, Hal & Grace 

152. Hill, James & Rebecca 

153. Holley, Jim & Kathleen 

154. Krause, Sherman & Melissa 

155. Lehmann, William & Karen 

156. Levett, Martin & Sharon 

157. McPherson Plaza LLC 

158. Oak Tree Ltd. Partnership 

159. Parks, Patricia 

160. Patton, David & Janet 

161 . Perro, Donald & JoAnn 

162. Randolph Brooks Federal Credit Union 

163. Ricks, Fletcher & Mary 

164. Rockey, Chris & Nancy 

165. Scheele, James & Carol 

166. Simpson, William & Carol 

167. Tifft, Bruce & Susan 

208 

SEE ATTACHED MAP

Legend 

~SUBJECT 

D 200' Notification Buffer 

(J 

City of 

: New Braunfels 

PZ10-41 Map Created On 9/23/1 0 


"R-3u ~ "C-1" and "C-3" to a•R-1 A6.6"

218 

CITY OF NEW BRAUNFELS - ZONING ORDINANCE 

3.4-2. "R-1 A-6.6" single-family district. 

Purpose. The R-1A-6.6 single-family district is intended for development of primarily detached, singlefamily 

residences and customary accessory uses on lots of at least 6,600 square feet in size. The 

following regulations shall apply in all "R-1 A-6.6" districts: 

) 

"R-1A" district. The district called "R-1A" shall be renamed and shown on the zoning map as "R-1A-6.6". 

(a) Authorized uses. Uses permitted by right shall be those set forth in the Land Use Matrix in Section 4 

of this Chapter. The allowed uses in the district, which are intended to be identical with those listed in the 

Land Use Matrix, are as follows 

(1) Uses permitted by right. 



Accessory dwelling (one accessory dwelling per lot, no kitchen) 











Contractor's temporary on-site construction office (only with permit from Building Official; 

see Sec. 5.9) 



Golf course, public or private 









Water storage (surface, underground or overhead), water wells and pumping stations that 

are part of a public or municipal system 

(2) Conflict. In the event of conflict between the uses listed in the Land Use Matrix and those 

listed in subsection (1 ), the uses listed in this subsection shall be deemed those authorized in 

the district. 

(b) Height and area requirements: 

(1) Residential uses. 



(iii) Side building setbacks. There shall be a side building setback on each side of a 

building not less than 5 feet in width. Buildings on corner lots shall have 15-foot side 

building setbacks adjacent to the street where the rear lot lines of the corner lots coincide 

ATTACHMENT 7

211 

with the rear lot lines of the adjacent lots. Buildings on corner lots shall have 25-foot side 

building setbacks adjacent to the street where the rear lines of the corner lots coincide 

with the side lot lines of the adjacent lots. 

Garage setback. Where a driveway is located in front of a garage, the garage shall be 




(iv) Rear building setback. 20 feet. 

(v) Width of lot. The minimum width of an interior lot shall be 60 feet and the minimum 

width of a corner lot shall be 70 feet. 

(vi) Lot area per family. Every single-family dwelling hereafter erected or altered shall 

provide a lot area of not less than 6,600 square feet per dwelling for interior lots, and 

7,000 square feet per family for corner lots, provided that where a lot has less area than 

herein required and such lot was in separate ownership prior to September 25, 1967, this 

requirement will not prohibit the erection of a one-family dwelling. Where public or 

community sewer is not available and in use, for the disposal of all sanitary sewage, each 

lot shall provide not less than one half acre_per dwelling unit not located over the 

recharge zone and one acre per dwelling unit located over the recharge zone. 

(vii) Lot depth. 1 00 feet. 

(viii) Parking. Two off-street parking spaces shall be provided for each one-family 

detached dwelling. See Section 5.1 for other permitted uses' parking. 

(2) Non-residential uses. 



(iii) Side building setback. There shall be a side building setback on each side of a 

building not less than five feet in width. Where any building abuts a property with a one 

or two family use, the setback from the one or two family property line shall be at least 20 

feet plus one foot for each foot of building height over 20 feet. 

(iv) Corner lots. Buildings on corner lots shall have 15-foot side building setbacks 

adjacent to the street where the rear lot lines of the corner lots coincide with the rear lot 

lines of the adjacent lots. Buildings on corner lots shall have 25-foot side building 

setbacks adjacent to the street where the rear lines of the corner lots coincide with the 

side lot lines of the adjacent lots. Where a minimum 25-foot setback is required, a canopy 

at least eight feet in height, attached to the main building, may be built within 15 feet of 

the property line so long as such construction will not obstruct the vision of vehicular or 

pedestrian traffic. 

(v) Garage setback. Where a driveway is located in front of a garage, the garage shall be 




(vi) Rear building setback. 20 feet. 

(vii) Width of lot. 60 feet. 

(viii) Lot depth. 1 00 feet. 

(ix) Parking. See Section 5.1 for permitted uses' parking.

212 


DRAFT 


Case PZ10-41: Public hearing and recommendation to City Council regarding a proposed rezoning 

of Oak Run Subdivision, from "R-3" Multi-Family District, "C-1" Local Business District, and "C-3" 

General Business District to "R-1A-6.6" Single Family District. (City of New Braunfels) 

Ms. Bell explained that the Planning Department had identified multiple residential neighborhoods with 

zoning other than residential. Council directed the Planning Department to have neighborhood meetings 

to explain the purpose of residential zoning and pursue rezoning to an appropriate district. She said a 

public neighborhood meeting for the Oak Run Subdivision was held on September 14, 2010; 

approximately 23 residents attended and were supportive of the concept to change their zoning to R-1A- 

6.6 Single Family District. She added that 133 notices were sent to property owners within Oak Run 

Subdivision and 34 property owners within 200' of the subdivision; 18 responses were received in favor 

and none in opposition. Ms. Bell said staff recommended approval of the rezoning as it was consistent 

with the current use and intent of the existing residential subdivision and with the goals and priorities of 

the Comprehensive Plan. 

Vice Chair Elrod asked to hear from those in favor of the rezoning. 

John Creswell, 1771 Oakmont Circle, and Kurt Schriefer, 1706 Oak Rock, voiced their support. 

Vice Chair Elrod asked to hear from those opposed to the rezoning . No one spoke. 

Motion by Commissioner Massouh, seconded by Commissioner Namken, to close the public hearing. The 

motion carried unanimously. (8-0-0) 

0 

Commissioner Perez noted that part of the subdivision was zoned "R-2" and asked why that area was not 

being included in the rezoning . Ms. Bell said all the lots were already built out and staff was asked to 

focus their rezoning efforts on more intensive zoning districts. 

Commissioner Perez moved that Case PZ10-41 be forwarded to City Council with a recommendation to 

approve. The motion was seconded by Commissioner Lowe and carried unanimously. (8-0-0) 

ATTACHMENT 8

213 


AN ORDINANCE REZONING 35.67 ACRES KNOWN AS A PORTION OF THE OAK RUN 

SUBDIVISION FROM "R-3" MULTI-FAMILY DISTRICT, "C-1" LOCAL BUSINESS 

DISTRICT, AND "C-3" GENERAL BUSINESS DISTRICT TO "R-1A-6.6" SINGLE FAMILY 

DISTRICT"; REPEALING ALL ORDINANCES IN CONFLICT; CONTAINING A SAVINGS 

CLAUSE; AND DECLARING AN EFFECTIVE DATE. 

WHEREAS, the City Council of the City of New Braunfels has complied with all requirements of 

notice of public hearing as required by the Zoning Ordinance of the City of New Braunfels; and 

WHEREAS, in keeping with the spirit and objectives of the "R-1A-6.6" Single Family District, the 

City Council has given due consideration to all components of said district; and 

WHEREAS, it is the intent of the City Council to provide harmony between existing zoning 

districts and proposed land uses; and 

WHEREAS, the City Council desires to amend the Zoning Map by changing 35.67 acres known 

as Oak Run Subdivision: 

Unit 6, Block 12, Lots 1-7 Unit 12, Block 17, Lots 1-6 Unit 15, Block 13, Lots 5-13 


Unit 8, Block 14, Lots 1-17 Unit 13, Block 17, Lots 25-49 Unit 15, block 17, Lots 8-13 

Unit 8 Ext 1, Block 14, Lots 18-30 Unit 14, Block 15, Lots 23-48 

Unit 12, Block 15, Lots 12 & 13 Unit 14, Block 17, Lots 15-24 

to "R-1A-6.6" Smgle Fam1ly D1stnct; now, therefore, 


SECTION 1 


particularly the Zoning Map of the City of New Braunfels, are amended by changing the following 

described tract of land from "R-3" Multi-Family District, "C-1" Local Business District, and "C-3" 

General Business District to "R-1A-6.6" Single Family District" (35.67 acres known as a Oak Run 

Subdivision) and as delineated on Exhibit 'A'. 



Unit 8, Block 14, Lots 1-17 Unit 13, Block 17, Lots 25-49 Unit 15, block 17, Lots 8-13 

Unit 8 Ext 1, Block 14, Lots 18-30 Unit 14, Block 15, Lots 23-48 

Unit 12, Block 15, Lots 12 & 13 Unit 14, Block 17, Lots 15-24 

SECTION 2 

THAT all provisions of the Code of Ordinances of the City of New Braunfels not herein amended 

or repealed shall remain in full force and effect. 

1

214 

SECTION3 

THAT all other ordinances or parts of ordinances in conflict herewith are hereby repealed to the 

extent that they are in conflict. 

SECTION4 

THAT if any provisions of this ordinance shall be held void or unconstitutional, it is hereby 

provided that all other parts of the same which are not held void or unconstitutional shall remain in full 

force and effect. 

SECTION 5 



PASSED AND APPROVED: Second and Final Reading this the 22nd day of November, 2010. 



ATTEST: 




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217 

(J. City of 

· New Braunfels City Council Agenda Item Report 


Agenda Item No. :JZ 

Presenter - Shannon Mattingly, Planning Director 

830-221-4055 - smattingly@nbtexas.org 

) 

SUBJECT: 

Public hearing and consideration of a first reading of an ordinance rezoning 

portions of the 500 and 700 blocks of Hill Avenue, from "M-1" Light Industrial 

District to "SND-1" Special Neighborhood District. 

APPLICANT 

OWNER: 




Multiple 

) 

8ACKGROUND/RA TJONALE: 

Some of the property owners within this neighborhood contacted the City requesting 

their neighborhood be part of the City's current rezoning effort. When City Council was 

reviewing the Short-Term Rental section of the zoning ordinance, the Planning 

Department identified multiple residential neighborhoods with zoning other than 

residential. Council directed the Planning Division to have neighborhood meetings to 

explain the purpose of residential zoning and pursue rezoning to an appropriate district. 

Hill Avenue is a neighborhood which developed over time to include residential and 

commercial uses. The 500 and 700 blocks consist of houses which have been in 

residential use for over 60 years. The south side of Hill Avenue was rezoned to SND-1 

in 2007. A public neighborhood meeting for the property owners on the north side of the 

500 and 700 blocks of Hill Avenue was held on October 20, 2010 to explain the purpose 

for zoning the neighborhood to reflect the residential use. Two residents attended. 

Those in attendance were supportive of the concept to change their zoning to SND-1 

Special Neighborhood District. The public notice was also sent to the 11 property 

owners regarding the official zone change process. 

During the public hearing at the Planning Commission meeting, a property owner at 751 

Hill Avenue expressed concern about the rezoning as her property would no longer be 

eligible to request an SUP for a short term rental. The property is improved with two 

structures which consist of a duplex and a single family dwelling, all of which would be 

grandfathered as a legal non-conforming use. However, if rezoned to SND-1 an SUP for 

short term rental would be prohibited. If the property is not rezoned to SND-1 and stays 

M-1 then an SUP for short term rental could be requested once the moratorium is lifted. 


218 


Case # PZ1 0-42 

Size: 

3.10 acres 

Surrounding Zoning and Land use: 

.-----~~5~00~B~Io-ck~----------~7=o~O~B~Io-c~k------~ 

North 

South 

East 

West 

M-1/Railroad Tracks 

SND-1 and HO/ 

Single family dwellings 

M-1/Warehouses 

SND-1 and HO/ Single 

family dwellings 

M-1/0ffices 

SND-1/Single family 

dwellings 

SND-1/Single family 

dwellings 

M-1/Warehouses 




Residential 

Single Family Dwellings, and one house with a duplex 

accessory dwelling 

Notification: 

Public hearing notices were sent to the 11 property owners of the 500 and 700 Block of 

Hill Avenue and 63 property owners located within 200 feet. As of October 26, 2010, six 

responses in favor, three against, and one returned undeliverable have been received. 


Yes 


Priority: 


Pros ancl Cons Basecl 

on Pol1cies Plan 

Goal 6: Refine or add zoning requirements to be 

compatible with the community's overall intentions 

and the best interests of the community as a 

whole. 

Goal 20: Protect character and boundaries of 

existing neighborhoods. 

Cons: 

None. 


219 


N/A 


The Planning Commission held a public hearing on October 12, 2010 and recommended 

approval of the rezoning, (5-3-0). 


Staff recommends approval of the rezoning of the north side of the 500 and 700 blocks of 

Hill Avenue as it is consistent with the current use and intent of the existing residential 

buildings and is consistent with the goals and priorities of the Comprehensive Plan. 

ATTACHMENTS: 


2. Zoning Map 



5. Aerial Map 


7. Sec. 3.8-4 Special Neighborhood District -1 (SND-1) 

8. Excerpt from Planning Commission minutes of October 12, 2010. 

9. Ordinance 

U:\Pianning\CCagenda\ZoncChgs&SUP\20 I 0 Cases\Hill Ave pzl 0-42 _agenda sheet.docx 


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228 

APPLICATION FOR 

ZONE CHANGE 

4 2 4 S. CASTELL A V E N UE 

N E W BR A UNFELS TX 7 8/30 

E-MAIL: planning(@nbtexas.org 

PHONE: (830) 221-4050 FAX: (830) 608-2109 

1. Applicant - If owner(s), so state; If agent or other type of relationship, a letter of authorization must be 


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- C-3 Commercial District 

- M-1 Light Industry District 

D R-1A6.6 Single Family District 

c:J R-2 Single and Two Family District 

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ATTACHMENT 5 ~

225 

PLANNING COMMISSION- OCTOBER 12,2010- 6:00PM 




Various I City of New Braunfels 

Various properties on Hill Ave. and Nacogdoches St. 




1. Aleman, Arnulfo & Lucia 

3. Argonne Assoc LLC 

5. Barbosa, San Juanita & Carlos 

7. Bernal, Oscar 

9. Brandalick, Heather 

11. Brown, Newton & Betty 

13. Camarillo, Lorenzo & Mary 

15. Clark, John & Melissa 

17. Dudley, Derrell 

19. Ednalllnvestents LLC 

21. F U A Window Coverings Ltd 

23. Gallegos, Altagracia 

25. Gattuso, Denise 

27. Gonzales, Ninfa & George 

29. Havekost, Guenther 

31. J Schrieber Inc 

33. Kinstley, Justin & Laura 

35. Leitch, William & Bonnie 

37. City of New Braunfels 

39. Rodriguez, Arnulfo & Anita 

41 . Sanchez, Ema 

43. Skarovosky, James & Lynn 

45. Snider, Ronald & Darrel Sollberger 

47. Stock, Irene 

49. Toerner, Hye Cha 

51 . Urdiales, Diana 

53. Valdez, Domingo & Sandra 

55. Vega, Mary 

57. Wetz, Albert & Kathy 

59. Wininger, Fabian & Michelle Matocha 

61. Zavala, Juan & Herlinda 

63. Baese, Kermit 

65. Rochin, Carlos & Elizabeth 

67. Martinez, Michael & Men a 

69. Staats, Kerry & David 

71 . Lind, Elizabeth 

73. Acker, Harvey & Annabel! 

2. Anderson, Alan & Mary Trustees 

4. Baerwald, Brun & Leatrice 

6. Benavides, Lupe 

8. Bokorney, George & Lucinda 

1 0. Brewer, Jesse & Susan 

12. Cabrera, Arnold & Mary 

14. Castillo, Luis & Beltran 

16. Cowboy Electrical Services Inc. 

18. Duncan, Wendy 

20. Espinosa, Jose 

22. Fuller, Cheryle 

24. Garrison, Clyde & Karen 

26. Gaytan, Andres Jr 

28. Graham, David & George Williamson IV 

30. Huddleston, David & Sandra 

32. Jurica, Peter L 

34. Leasman, Henry 

36. Lovett, Christa 

38. Robinson, David & Melanie 

40. Rodriguez, Daniel 

42. Schoenfeld, Lila 

44. Slater, Stanley & Mary 

46. Staats, Alice B 

48. Stolinski, Virginia 

50. Tornquist, Ericka 

52. Urias, Maria Alicia 

54. Valdez, Hope 

56. Watson, Bob & Laneta 

58. Williamson, Lottie 

60. Woods, Clint & Marcella 

62. Engler, Bonnie & Kyle 

64. Tornquist, Pery & Kandace 

66. Ulbert, Kevin 

68. Nolte, Leroy & Edith 

70. Delacerda, Gloria 

72. Coble, Joel & Penny 

7 4. Soto, Ramon & Angel ito 

SEE ATTACHED MAP 

ATTACHMENT 6

Legend 

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PZ10-42 

Hill Avenue 

M-1 to SND-1 

Map Created 01 

9/23/10 

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227 

Zoning Ordinance- effective Nov. 8, 2006/1 sr REV. 1-8·07 Sec. 3.8 

3.8-4 Purpose. 

Special Neighborhood District - 1 

The "SND-1" district is intended for development of primarily detached, single-family residences, 

customary accessory uses, and accessory dwellings such as garage apartments. The following 

regulations shall apply to the "SND-1 " district: 

(a) Authorized uses. 

(1) Uses permitted by right 



Accessory dwelling (one accessory dwelling per lot, may include a kitchen) 











Contractor's temporary on-site construction office (only with permit from Building 

Official; see Sec. 5.9) 



Golf course, public or private 



Museums 







Water storage (surface, underground or overhead), water wells and pumping stations 

that are part of a public or municipal system 

(b) Height and area requirements: 

(1) Height. 35 feet. The height of the accessory building may not exceed that of the main 

dwelling. 

(2) Front building setback. 25 feet. 

(3) Side building setback. There shall be a side building setback on each side of a building not 

less than six feet in width. Buildings on corner lots shall have 15-foot side building setbacks 

adjacent to the street where the rear lot lines of the corner lots coincide with the rear lot lines of 

the adjacent lots. Buildings on corner lots shall have 25-foot side building setbacks adjacent to 

the street where the rear lines of the corner lots coincide with the side lot lines of the adjacent 

lots. 

ATTACHMENT 7

228 

Zoning Ordinance- effective Nov. 8, 2006/1 5 r REV. 1-8-07 Sec. 3.8 

Garage setback. Where a driveway is located in front of a garage, the garage shall be setback 20 

feet from the right-of-way or the driveway to the garage shall be at least 20 feet long to provide 

enough space for a vehicle to park without overhanging into the right-of-way, if the garage door is 

closed. (See illustration 8 in Sec. 5.1-1) 

(4) Rear building setback. 20 feet for the main dwelling. 6 feet for the accessory dwelling. 

(5) Width of lot. The minimum width of an interior lot shall be 60 feet and the minimum width of a 

corner lot shall be 70 feet. 

(6} Lot area per family. Every single-family dwelling hereafter erected or altered shall provide a lot 

area of not less than 6,600 square feet per dwelling for interior lots, and 7,000 square feet per 

dwelling for corner lots, provided that where a lot has less area than herein required and such lot 

was in separate ownership prior to September 25, 1967, this requirement will not prohibit the 

erection of a dwelling, including the accessory dwelling. A lot platted after January 1, 2007, on 

which there would be two dwelling units must be at least 8,000 square feet in size for an interior 

lot and at least 8,500 square feet for a corner lot. 

(7) Lot depth. 1 00 feet. 

(8) Parking. Two off-street parking spaces shall be provided for each one-family detached 

dwelling, and two off-street parking spaces for an accessory dwelling. See Section 5.1 for other 

permitted uses' parking. 

(9) Accessory building size. One story: 500 square feet. Two story: 1 ,000 square feet. The intent 

is to allow an accessory building over a garage or storage area and not to permit a two story 

accessory dwelling or two accessory dwellings. 

(1 0) Term of occupancy. Occupancy for less than one month is not permitted. 

(c) Area included in SND-1: 

See Exhibit "A".

229 

Zoning Ordinance- effective Nov. 8, 2006/1 5 T REV. 1-8-07 Sec. 3.8 

Academy/Museum Area y 1 

210 

1 

!ijD 

1 1 1 

1,!f!D Feet 

Special Neighborhood District 1 (SJID-1)

238 

EXCERPT FROM PLANNING COMMISSION MINUTES OF OCTOBER 12.2010 

DRAFT 


Case PZ10-42: Public hearing and recommendation to City Council regarding the proposed 

rezoning of portions of the 500 and 700 blocks of Hill Avenue, from "M-1" Light Industrial District 

to "SND-1" Special Neighborhood District. (City of New Braunfels) 

Ms. Bell said the rezoning of the Hill Avenue neighborhood was not as clear cut as that of Oak Run 

Subdivision since it had developed over time to include residential and commercial uses. She said the 

500 and 700 blocks consisted of houses which had been in residential use for over 60 years and when 

the south side of Hill Avenue was rezoned to SND-1 in 2007, some of the property owners within this area 

contacted the City requesting their neighborhood be part of the current rezoning effort. She noted that a 

public neighborhood meeting for the affected property owners was held on October 20, 2010, with two 

residents attending and voicing their support of the zone change. She further added that public hearing 

notices were sent to the 11 property owners of the 500 and 700 Block of Hill Avenue and 63 property 

owners located within 200 feet; five responses were received in favor, one against, and one was returned 

undeliverable. Ms. Bell said staff recommended approval of the rezoning as it was consistent with the 

current use and intent of the existing residential buildings and the goals and priorities of the 

Comprehensive Plan. 

Vice Chair Elrod asked if there was anyone in the audience who wished to speak in favor of the rezoning. 

John and Christa Lovett, 760 S. Hill St., said they were highly in favor of the rezoning. 

Vice Chair Elrod asked if there was anyone in the audience who wished to speak in opposition to the 

rezoning. 

Liz Adams, 228 Preston Hollow, and Gary Nolte, 2071 Club Crossing, said they co-"owned the property at 

751 S. Hill St. , which consisted of a single family home and duplex. Ms. Adams said they intended to use 

the property for overnight rentals, a use that the SND-1 zoning would not allow. She felt that the new 

zoning classification was a violation of their rights and asked that the property be grandfathered. 

A motion to close the public hearing was made by Commissioner Massouh, seconded by Commissioner 

Hoyt, and passed unanimously. (8-0-0) 

Commissioner Myrick moved that Case PZ10-42 be forwarded to City Council with a recommendation to 

approve. The motion was seconded by Commissioner Massouh, and carried with Vice Chair Elrod, and 

Commissioners Bearden and Perez voting "no". (5-3-0) 

ATTACHMENT 8

231 


AN ORDINANCE REZONING 3.10 ACRES KNOWN AS THE 500 AND 700 BLOCKS OF 

HILL AVENUE FROM "M-1" LIGHT INDUSTRIAL DISTRICT, TO "SND-1" SPECIAL 

NEIGHBORHOOD DISTRICT"; REPEALING ALL ORDINANCES IN CONFLICT; 


WHEREAS, the City Council of the City of New Braunfels has complied with all requirements of 

notice of public hearing as required by the Zoning Ordinance of the City of New Braunfels; and 

WHEREAS, in keeping with the spirit and objectives of the "SND-1" Special Neighborhood 

District, the City Council has given due consideration to all components of said district; and 

WHEREAS, it is the intent of the City Council to provide harmony between existing zoning 

districts and proposed land uses; and 

WHEREAS, the City Council desires to amend the Zoning Map by changing 3.10 acres known as 

500 and 700 Blocks of Hill Avenue to "SND-1" Special Neighborhood District; 

now, therefore, 


SECTION 1 


particularly the Zoning Map of the City of New Braunfels, are amended by changing the following 

described tract of land from "M-1" Light Industrial District to "SND-1 " Special Neighborhood District: 

Avenue)." 

"3.10 acres as delineated on Exhibits A (500 Block Hill Avenue) and Exhibit B (700 Block Hill 

SECTION 2 

THAT all provisions of the Code of Ordinances of the City of New Braunfels not herein amended 

or repealed shall remain in full force and effect. 

SECTION 3 

THAT all other ordinances or parts of ordinances in conflict herewith are hereby repealed to the 

extent that they are in conflict. 

SECTION 4 

THAT if any provisions of this ordinance shall be held void or unconstitutional, it is hereby 

provided that all other parts of the same which are not held void or unconstitutional shall remain in full 

force and effect. 

1

232 

SECTION 5 



PASSED AND APPROVED: Second and Final Reading this the 22"d day of November, 2010. 



ATTEST: 




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Agenda Item No. "'J!. 

Presenter/Contact- Mike Morrison, City Manager 

(830) 221-4280 - mmorrison@nbtexas.org 

235 

SUBJECT: Public hearing and consideration of the first reading of an ordinance by the City 

Council of the City of New Braunfels, Texas enlarging the boundaries of Reinvestment Zone 

Number One, City of New Braunfels, Texas; amending the project plan and finance plan for the 

zone to reflect the increased boundaries; consenting to the amendment of an interlocal 

cooperative agreement between the City of New Braunfels, Texas and the New Braunfels 

Industrial Development Corporation to reflect the increased boundaries of the zone; and other 

matters in connection therewith 


On June 28, 2010, the Board of Directors of Reinvestment Zone No. 1 (Creekside) recommended 

that the City Council expand the boundaries of the Zone to include 40 +/- acres of adjacent 

property, including the site of the proposed Buc-ee's Travel Center. On July 26, 2010 the City 

Council considered the recommendation of the Board and decided that the Zone expansion 

should be limited to the Buc-ee's site only (approximately 18 acres). Acting on this direction, the 

Zone Board met again on October 19, 2010 and has recommended amendments to the Zone's 

Project Plan and Financing Plan that reflect the boundaries and revenues associated with 

enlarging the Zone to include the proposed Buc-ee's site. This ordinance will amend the Project 

Plan and Financing Plan of the Zone in accordance with that recommendation. Additionally, this 

ordinance will ratify an amendment to the agreement between the City and the Industrial 

Development Corporation regarding the Corporation's participation in the Zone to ensure that the 

Corporation participates in the expanded areas of the Zone. 


IN/A 

N/A 


. Priority: 


N/A 


The Board of Directors of Reinvestment Zone No. 1 (Creekside) have unanimously 

recommended that the attached Ordinance amending the Project Plan and Financing Plan of the 

Zone be adopted by City Council. 


Staff recommends approval of the Ordinance expanding the Zone in accordance with previous 

City Council direction and Zone Board recommendation. 


236 

CERTIFICATE OF CITY SECRETARY 

THE STATE OF TEXAS § 

§ 

COUNTIES OF COMAL AND § 

GUADALUPE § 

§ 

CITY OF NEW BRAUNFELS § 

I, the undersigned officer of the City Council (the "Council") of the City of New 

Braunfels, Texas (the "City") do hereby certify as follows: 

1. The Council convened on the gth day of November, 2010, at the regular meeting 

place thereof within the City of New Braunfels, Texas; and the roll was called of the duly 

constituted officers and members of said Council, to-wit: 

Bruce Boyer 

Richard Zapata 

Mark Goodner 

Mike Ybarra 

Sandy Nolte 

Kathleen Krueger 

Steven Digges 

Mayor 

Councilmember 

Councilmember 

Councilmember 

Councilmember 

Councilmember 

Councilmember 

0 

and all of said persons were present, thus constituting a quorum. Whereupon, among other 

business, the following was transacted at said meeting: 

ORDINANCE BY THE CITY COUNCIL OF THE CITY OF NEW 

BRAUNFELS, TEXAS ENLARGING THE BOUNDARIES OF 

REINVESTMENT ZONE NUMBER ONE, CITY OF NEW BRAUNFELS, 

TEXAS; AMENDING THE PROJECT PLAN AND FINANCE PLAN FOR THE 

ZONE TO REFLECT THE INCREASED BOUNDARIES; CONSENTING TO 

THE AMENDMENT OF AN INTERLOCAL COOPERATIVE AGREEMENT 

BETWEEN THE CITY OF NEW BRAUNFELS, TEXAS AND THE NEW 

BRAUNFELS INDUSTRIAL DEVELOPMENT CORPORATION TO 

REFLECT THE INCREASED BOUNDARIES OF THE ZONE; AND OTHER 

MA TIERS IN CONNECTION THEREWITH 

was introduced for the consideration of the Council. It was then duly moved and seconded that 

the Ordinance be adopted; and, after due discussion, the motion, carrying with it the adoption of 

the Ordinance, prevailed and carried by unanimous vote of the Council. 

65505654.1 -1-

237 

2. That a true, full and correct copy of the aforesaid Ordinance adopted at the 

meeting described in the above and foregoing paragraph is attached to and follows this 

certificate; that the Ordinance has been duly recorded in the Council's minutes of the meeting; 

that the persons named in the above and foregoing paragraph are the duly chosen, qualified and 

acting officers and members of the Council as indicated therein; that each of the officers and 

members of the Council was duly and sufficiently notified officially and personally, in advance, 

of the time, place and purpose of the aforesaid meeting, and that the Ordinance would be 

introduced and considered for adoption at the meeting, and each of the officers and members 

consented, in advance, to the holding of the meeting for such purpose; that the meeting was open 

to the public as required by law; and that public notice of the time, place and subject of the 

meeting was given as required by Chapter 551, Texas Government Code, as amended. 

SIGNED this 8th day ofNovember, 2010. 


65505654. I -2-

238 

ORDINANCE 

NO. 

ORDINANCE BY THE CITY COUNCIL OF THE CITY OF NEW 

BRAUNFELS, TEXAS ENLARGING THE BOUNDARIES OF 

REINVESTMENT ZONE NUMBER ONE, CITY OF NEW BRAUNFELS, 

TEXAS; AMENDING THE PROJECT PLAN AND FINANCE PLAN FOR THE 

ZONE TO REFLECT THE INCREASED BOUNDARIES; CONSENTING TO 

THE AMENDMENT OF AN INTERLOCAL COOPERATIVE AGREEMENT 

BETWEEN THE CITY OF NEW BRAUNFELS, TEXAS AND THE NEW 

BRAUNFELS INDUSTRIAL DEVELOPMENT CORPORATION TO 

REFLECT THE INCREASED BOUNDARIES OF THE ZONE; AND OTHER 

MA TIERS IN CONNECTION THEREWITH 

WHEREAS, the City Council (the "Council") of the City of New Braunfels, Texas (the 

"City") adopted Ordinance No. 2007-45 on May 29, 2007, which designated Reinvestment Zone 

Number One, City of New Braunfels, Texas (the "Zone") pursuant to Section 311.005(a) of the 

Tax Increment Finance Act, Texas Tax Code, Chapter 3 11 , as amended (the "Act"); and 

WHEREAS, the Council adopted Ordinance No. 2007-59 on July 9, 2007, which 

adopted the Project Plan and Finance Plan for the Zone (the "Project Plan"); and 

WHEREAS, the City desires to enlarge the boundaries of the Zone by adding a certain 

geographic area so that the boundaries of the Zone encompass the area depicted on the attached 

Exhibit A; and 

WHEREAS, on October 19, 20 1 0, the Board of Directors of the Zone adopted an 

amendment to the Project Plan (the "Amended Plan," attached herein as Exhibit B), increasing 

the geographic area of the zone, and approved the Project Plan as so amended; and 

WHEREAS, on October 19, 201 0, the Zone Board recommended that the City adopt the 

Amended Plan; and 

and 

WHEREAS, pursuant to the Act, the City must amend the Project Plan by ordinance; 

WHEREAS, notice of a public hearing to be held on November 8, 2010, was duly 

published in the New Braunfels Herald-Zeitung in its issue dated October 31, 201 0, in 

compliance with Section 311.003( c) of the Act; and 

WHEREAS, a public hearing was held on November 8, 2010, at 6 p.m. in City Hall, 

New Braunfels, Texas (the "Hearing") to consider the amendment to the Project Plan at which 

time the City provided a reasonable opportunity for protest in accordance with Section 

311.003(d) of the Act; and 

65505654.1 -3-

239 

WHEREAS, on October 22, 2007, the City and the New Braunfels Industrial 

Development Corporation (the "IDC") entered into a certain lnterlocal Cooperative Agreement 

(the "Agreement," attached herein as Exhibit C) to provide for the transfer of funds, being a 

portion of the sales taxes collected in the Zone, by the IDC to the City to construct a project and 

to pay certain costs of that project as further provided in the Agreement; and 

WHEREAS, the City desires to consent to the amendment of the Agreement so that the 

Agreement recognizes that the sales taxes contributed by the IDC to the City include sales taxes 

collected in the Zone as that area is depicted in Exhibit A herein; and 

WHEREAS, it is the intent of the Council to induce the purchase of certain land being 

added to the Zone and the start of construction on such land before December 31, 2011 of a Bucee's 

travel stop on that certain land which is currently unable to be developed due to a 

divergence of title ownership which substantially arrests the sound growth of the municipality 

for this area; and 

WHEREAS, it is the Council's intent to reverse the addition of the land being added to 

the Zone herein in the event that construction of the Buc-ee's is not commenced prior to 

December 31, 2011 ; and 

WHEREAS, the Council hereby finds and determines that the adoption of this Ordinance 

is in the best interests ofthe citizens ofNew Braunfels, Texas; and, 

WHEREAS, it is hereby officially found and determined that the meeting at which this 

Ordinance was passed was open to the public, and public notice of the time, place and purpose of 

said meeting was given, all as required by Chapter 551, Texas Government Code; NOW, 

THEREFORE, 

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, 

TEXAS: 

SECTION 1. The City after conducting the Hearing and having heard such evidence and 

testimony, has made the following findings and determinations based upon the testimony 

presented: 

(a) That the Hearing on the proposed Amended Plan has been properly called, 

held and conducted and that notices of the Hearing have been published at least seven (7) 

days before the Hearing in a newspaper of general circulation in the City. 

(b) That the boundaries of the Zone should be increased by adding 

approximately 15 acres of land to the Zone so that the boundaries of the Zone encompass 

the area depicted on the attached Exhibit A. 

SECTION 2. The Project Plan is hereby amended to reflect the increase of the 

geographic boundaries of the Zone as depicted on the attached Exhibit A and the boundary 

increase's financial impact on the Zone as provided in the Amended Plan attached as Exhibit B. 

65505654.1 -4-

240 

herein. 

SECTION 3. The Council hereby approves the Project Plan for the Zone, as amended 

SECTION 4. The Council hereby amends the Agreement so that the Agreement 

recognizes the Zone to include the area depicted on the attached Exhibit A. 

SECTION 5.The officers of the City are authorized to take any and all action necessary 

to carry out and consummate the transactions described in or contemplated by the documents 

approved hereby or otherwise to give effect to the actions authorized hereby and the intent 

hereof. 

SECTION 6. The recitals contained in the preamble hereof are hereby found to be true, 

and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a 

part of the judgment and findings of the Council. 

SECTION 7. All ordinances and resolutions, or parts thereof, which 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 shall be and remain controlling as to the matters 

resolved herein. 

SECTION 8. This Ordinance shall be construed and enforced in accordance with the 

laws ofthe State of Texas and the United States of America. 

SECTION 9. If any provision of this Ordinance or the application thereof to any 

circumstance shall be held to be invalid, the remainder of this Ordinance and the application 

thereof to other circumstances shall nevertheless be valid, as if such invalid provision had never 

appeared herein, and this governing body hereby declares that this Ordinance would have been 

enacted without such invalid provision. 

SECTION 10. It is officially found, determined, and declared that the meeting at which 

this Ordinance is adopted was open to the public and public notice of the time, place, and subject 

matter of the public business to be considered at such meeting, including this Ordinance, was 

given, all as required by Chapter 551 , as amended, Texas Government Code. 

SECTION 11. This Ordinance shall be in force and effect from and after its final 

passage and it is so ordained. 

[The remainder of this page intentionally left blank.] 

65505654. 1 -5-

241 

FIRST READING on the 8th day of November, 20 I 0. 

SECOND AND FINAL READING, PASSED AND ADOPTED on the 22nd day of 

November, 2010. 


ATTEST: 


(City Seal) 


Alan C. Wayland, City Attorney 

65505654.1 -6-

242 

EXIllBIT A 

65505654. I A-1-

/ 

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...... 

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NewQuest_ 

PROPERTIES 

UOfti.SAI.lttOUSION PIIIIt(WA'Yil $\lilt 

He ttOIISTCH. 1W.S liN 

,,,.tutUIO 'm..tnun 

T.w.vr.c.tiOUlS~hUOCU 

LIMITS OF T.I.R.Z. 

NEW BRAUNFELS TOWN CENTER@ CREEKSIDE 

INTERSTATE 35@ F.M. 306 

New '8raun{cb; 1" e;tas 

4501 Prnlrle Polrkway• Cccbr Fall s.IAS0613 

Olnco: 319.277.8000 • FAX: 319.277.8080 

www.lockllrdOnllne.com 

« 

Texas Commercial Investments

244 

EXHIBITB 

( 

( 

65505654. 1 B-1-

Ad Valorem (Real Property) Collection Total (1) 

Ad Valorem (Real Property) Dedicated to Zone Projects 

Ad Valorem (Real Property) Retained by Jursidiction 


$46,528,872 

($39,549, 768) 

$6,979,104 

EDC 

$0 

$0 

$0 

Comal County 

$29,859,634 

($25,346,148) 

$4,S13,487 

ComaiiSD 

$150,127,923 

$0 

$150,127,923 

Sales Tax Collection Total (2) 

Sales Tax Dedicated to Zone Projects (2) 

Sales Ta x Retained by Local Jurisdictions (2) 

$80,065,801 

($9,296,125) 

$70,769,676 

$27,888,376 

($27,888,376) 

$0 

$37,184,502 

$0 

$37,184,S02 

$0 

$0 

$0 

Ad Valorem (BPP&I) Collection Total (3) 

Ad Valorem IBPP&Il Dedicated to Zone Projects 

Ad Valorem (BPP&I) Retained by Jurisdiction 

$3,793,807 

-$3,239,276 

$554,531 

$0 

$0 

$0 

$2,391,479 

-$2,032,856 

$358,623 

$12,297,484 

$0 

$12,297,484 

[Estimated Total Retained by Jurisdiction 

$78,303,311 

$0 

$42,056,612 

$162,425,407 

(1) Reference Projected Zone Revenue- Real Property 

(2) Reference Projected Zone Revenue - Sales Tax 

(3) Reference Projected Zone Revenue- BBP&I 

•Refer to Commercial Build Out Schedule for Detail of Projected Values and Sales 

Amends Summary of Jurisditional Participation on Page 7 

1\.) 

..c::.. 

(J1

246 

Zone Increment Revenue 

City Zone Revenue County Zone Revenue 

Tax Year Collection Year (Real Property & (Real Property and 

BPP&I) 

BPP&I) 

City/EDC Zone Revenue 

(Sales Tax) 

Total Annual 

Revenue 

2008 2009 $0 $0 $234,000 $234,000 

2009 2010 $162,450 $0 $234,000 $396,450 

2010 2011 $253,406 $0 $374,673 $628,079 

2011 2012 $347,782 $197,949 $552,375 $1,098,106 

2012 2013 $537,255 $347,483 $745,447 $1,630,184 

2013 2014 $1,110,883 $718,494 $808,583 $2,637,960 

2014 2015 $1,283,673 $830,249 $910,998 $3,024,919 

2015 2016 $1,709,213 $1,105,478 $1,046,085 $3,860,776 

2016 2017 $2,042,079 $1,320,769 $1,254,193 $4,617,042 

2017 2018 $2,200,728 $1,423,381 $1,436,351 $5,060,461 

2018 2019 $2,209,438 $1,429,013 $1,568,385 $5,206,837 

2019 2020 $2,209,438 $1,429,013 $1,603,720 $5,242,172 

2020 2021 $2,209,438 $1,429,013 $1,639,938 $5,278,390 

2021 2022 $2,209,438 $1,429,013 $1,677,061 $5,315,513 

2022 2023 $2,209,438 $1,429,013 $1,715,113 $5,353,565 

2023 2024 $2,209,438 $1,429,013 $1,754,116 $5,392,567 

2024 2025 $2,209,438 $1,429,013 $1,794,094 $5,432,545 

2025 2026 $2,209,438 $1,429,013 $1,835,071 $5,473,523 

2026 2027 $2,209,438 $1,429,013 $1,877,073 $5,515,524 

2027 2028 $2,209,438 $1,429,013 $1,920,124 $5,558,576 

2028 2029 $2,209,438 $1,429,013 $1,964,253 $5,602,704 

2029 2030 $2,209,438 $1,429,013 $2,009,484 $5,647,936 

2030 2031 $2,209,438 $1,429,013 $2,055,846 $5,694,298 

2031 2032 $2,209,438 $1,429,013 $2,103,367 $5,741,819 

2032 2033 $2,209,438 $1,429,013 $2,152,076 $5,790,528 

$42,789,044 $27,379,003 $35,266,426 $105,434,473 

Amends Zone Increment Revenue on Page 19

247 

Zone Increment Value 

Total Increment Total Increment 

Real Property 

Tax Year Collection Year BPP&I Value* Assessed Value (Ad Gross Sales (Sales 

Value 

Valorem Tax) 

Tax) 

2008 2009 $0 $0 $0 $0 

2009 2010 $42,141,550 $5,750,000 $47,891,550 $46,800,000 

2010 2011 $64,941,250 $9,741,188 $74,791,250 $74,934,600 

2011 2012 $90,561,449 $11,978,020 $102,539,469 $110,475,000 

2012 2013 $144,848,706 $13,703,020 $158,551,726 $149,089,375 

2013 2014 $305,711,160 $22,313,020 $328,024,180 $161,716,609 

2014 2015 $349,314,370 $29,613,020 $378,927,390 $182,199,525 

2015 2016 $466,212,490 $38,363,020 $504,575,510 $209,217,013 

2016 2017 $559,528,490 $43,388,020 $602,916,510 $250,838,694 

2017 2018 $604,978,490 $44,838,020 $649,816,510 $287,270,287 

2018 2019 $604,978,490 $47,338,020 $652,316,510 $313,677,044 

2019 2020 $604,978,490 $47,338,020 $652,316,510 $320,743,970 

2020 2021 $604,978,490 $47,338,020 $652,316,510 $327,987,569 

2021 2022 $604,978,490 $47,338,020 $652,316,510 $335,412,258 

2022 2023 $604,978,490 $47,338,020 $652,316,510 $343,022,565 

2023 2024 $604,978,490 $47,338,020 $652,316,510 $350,823,129 

2024 2025 $604,978,490 $47,338,020 $652,316,510 $358,818,707 

2025 2026 $604,978,490 $47,338,020 $652,316,510 • $367,014,175 

2026 2027 $604,978,490 $47,338,020 $652,316,510 $375,414,529 

2027 2028 $604,978,490 $47,338,020 $652,316,510 $384,024,892 

2028 2029 $604,978,490 $47,338,020 $652,316,510 $392,850,515 

2029 2030 $604,978,490 $47,338,020 $652,316,510 $401,896,778 

2030 2031 $604,978,490 $47,338,020 $652,316,510 $411,169,197 

2031 2032 $604,978,490 $47,338,020 $652,316,510 $420,673,427 

2032 2033 $604,978,490 $47,338,020 $652,316,510 $430,415,263 

*Not to exceed 15% of Rea l Property Increment. 

Amends Zone Increment Value on Page 20

248 

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Projected Accessed Valuations 

Cumulative 

Commercial City Projected County Projected Taxable 

Tax Roll Jan 1 Valuation Taxable Valuation Valuation 

2009 $47,891,550 $47,891,550 $47,891,550 

2010 $74,791,250 $74,791,250 $74,791,250 

2011 $102,539,469 $102,539,469 $102,53 9,469 

2012 $158,551,726 $158,551,726 $158,551,726 

2013 $328,024,180 $328,024,180 $328,024,180 

2014 $378,927,390 $378,927,390 $378,927,390 

2015 $504,575,510 $504,575,510 $504,575,510 

2016 $602,916,510 $602,916,510 $602,916,510 

2017 $649,816,510 $649,816,510 $649,816,510 

Amends Schedule B on Page 21

Projected Zone Revenue.JReal Property) 

Real Property 85%0ty 

85% County 

97%0tyZone County Tax 

97% County Zone 

Tax Year Collection Year Ad Valorem Panltipatlon Tax Participation Tax 

Collection Rate Collection 

Value Rate Rate 

2008 2009 so S0.3484 so $0.2651 so.oo so 

2009 2010 S42,141,550 S0.3484 S142.417 S0.2651 so.oo so 

2010 2011 $64,941,250 $0.3484 5219,468 $0.2651 $0.00 so 

2011 2012 $90,561,449 $0.3484 $306,051 $0.2651 $0.22534 S197,949 

2012 2013 $144,848,706 $0.3484 $489,513 $0.2651 $0.22534 $316,610 

2013 2014 $305,711,160 $0.3484 $1,033,145 $0.2651 $0.22534 $668,223 

2014 2015 S349,314,370 $0.3484 $1,180,501 S0.2651 $0.22534 $763,531 

2015 2016 $466,212,490 S0.3484 $1,575,556 S0.2651 $0.22534 $1,019,046 

2016 2017 $559,528,490 $0.3484 $1,890,915 S0.2651 S0.22534 S1,223,016 

2017 2018 $604,978,490 $0.3484 $2,044,513 S0.2651 $0.22534 $1,322,361 

2018 2019 S604,978,490 S0.3484 $2,044,513 $0.2651 S0.22534 S1,322,361 

2019 2020 $604,978,490 $0.3484 $2,044,513 $0.2651 $0.22534 S1,322,361 

2020 2021 $604,978,490 $0.3484 $2,044,513 $0.2651 $0.22534 $1,322,361 

2021 2022 $604,978,490 $0.3484 $2,044,513 $0.2651 S0.22534 $1,322,361 

2022 2023 $604,978.490 $0.3484 $2,044,513 $0.2651 $0.22534 $1,322,361 

2023 2024 S604,978,490 $0.3484 $2,044,513 S0.2651 $0.22534 $1,322,361 

2024 2025 $604,978,490 $0.3484 $2,044,513 S0.2651 S0.22534 $1,322,361 

2025 2026 $604,978.490 $0.3484 $2,044,513 $0.2651 S0.22534 $1,322,361 

2026 2027 $604,978,490 $0.3484 $2,044,513 $0.2651 $0.22534 $1,322,361 

2027 2028 $604,978,490 $0.3484 $2,044,513 $0.2651 $0.22534 $1,322,361 

2028 2029 $604,978.490 $0.3484 $2,044,513 $0.2651 $0.22534 $1,322,361 

2029 2030 $604,978,490 S0.3484 $2,044,513 S0.2651 S0.22534 $1,322,361 

2030 2031 $604,978,490 $0.3484 $2,044,513 S0.2651 $0.22534 S1,322,361 

2031 2032 $604,978,490 S0.3484 S2,044,513 S0.2651 $0.22534 $1,322,361 

2032 2033 $604,978,490 S0.3484 $2,044,513 S0.2651 $0.22534 $1,322,361 

S39,549,768 

S25,346,148 

• Accounts for S0.33 reduction 

Amends Schedule C on Page 22 

Combined City 

and County 

Revenue 

Retained Oty 

Tax Revenue 

so 

so 

$142,417 $25,131 

$219,468 $38,728 

$504,000 $54,007 

$806,123 $86,381 

$1,701,368 $182,313 

$1,944,032 $208,316 

$2,594,602 S278,029 

$3,113,932 $333,678 

$3,366,873 $360,783 

$3,366,873 S360,783 

$3,366,873 $360,783 

$3,366,873 $360,783 

$3,366,873 $360,783 

$3,366,873 $360,783 

$3,366,873 $360,783 

$3,366,873 $360,783 

$3,366,873 $360,783 

$3,366,873 $360,783 

$3,366,873 $360,783 

$3,366,873 $360,783 

S3,366,873 S360,783 

$3,366,873 $360,783 

$3,366,873 S360,783 

$3,366,873 $360,783 

S64,895,916 $6,979,104 

Retained 

County Tax 

Revenue 

CI5DTax 

Rate• 

so S1.3225 

$16,253 $1.3225 

$25,046 $1.3225 

$34,927 $1.3225 

$55,864 $1.3225 

$117,904 $1.3225 

$134,721 $1.3225 

S179,805 $1.3225 

S215,794 $1.3225 

$233,323 $1.3225 

$233,323 $1.3225 

$233,323 $1.3225 

$233,323 $1.3225 

$233,323 $1.3225 

$233,323 $1.3225 

$233,323 $1.3225 

$233,323 $1.3225 

$233,323 $1.3225 

$233,323 $1.3225 

$233,323 $1.3225 

$233,323 S1.3225 

$233,323 Sl.3225 

$233,323 $1.3225 

$233,323 $1.3225 

$233,323 $1.3225 

$4,513,487 

- 

CISO Tax Revenue 

so 

$540,602 

$833,083 

$1,161,745 

$1,858,155 

$3,921,739 

$4,481,092 

$5,980,690 

$7,177,771 

$7,760,815 

$7,760,815 

S7,760,815 

$7,760,815 

$7,760,815 

$7,760,815 

$7,760,815 

$7,760,815 

$7,760,815 

$7,760,815 

$7,760,815 

$7,760,815 

S7,760,815 

$7,760,815 

$7,760,815 

$7,760,815 

$1SO,U7,923 

1\) 

(.J1 

.......

Tax Year 

Proj~ct Zo n~ R~v~ nu~ (BPP&I) 

lS" of Real Min of BPP&I or 

BPP&IAd Property Ad 15" of Real 

City Zone as" County County Zone 

Collection Year 

as" City Tax 

Valorem Value Valorem Tax Property Revenue Tax Rev- 

Increment Increment 

200a 2009 so so so S0.34a4 so so.oo 

2009 2010 SS,7SO,OOO S6,321,233 S5,7SO,OOO S0.3484 S20,033 so.oo 

2010 2011 S9,850,000 S9,741,1aa S9,741,1aa $0.34a4 $33,938 so.oo 

2011 2012 S11,97a,020 S13,Sa4,217 $11,978,020 $0.3484 S41,731 so.oo 

2012 2013 S13, 703,020 S21,727,306 S13, 703,020 S0.3484 S47,741 S0.2253 

2013 2014 S22,313,020 S45,a56,674 $22,313,020 S0.3484 S77,739 S0.2253 

2014 2015 S29,613,020 S52,397.156 $29,613,020 S0.3484 S103,172 S0.2253 

2015 2016 S38,363,020 $69,931,874 S3a,363,020 S0.3484 S133,657 $0.22S3 

2016 2017 $43,388.020 583,929,274 $43,388,020 $0.3484 $151,164 50.2253 

2017 201a S44,838,020 $90,746,774 $44,838,020 $0.3484 5156,216 $0.2253 

2018 2019 547,338,020 590,746,774 S47,338,020 50.3484 5164,926 $0.2253 

2019 2020 $47,338,020 590,746,774 $47,338,020 50.3484 5164,926 50.2253 

2020 2021 S47,338,020 S90,746,774 S4 7,338,020 50.3484 S164,926 50.2253 

2021 2022 547,338,020 590,746,774 S47,338,020 S0.3484 5164,926 S0.22S3 

2022 2023 $47,338,020 $90,746,774 547,338,020 50.3484 S164,926 S0.22S3 

2023 2024 $47,338,020 $90,746,774 $47,338,020 S0.3484 $164,926 $0.2253 

2024 2025 $47,338,020 S90,746,774 S47,338,020 50.3484 $164,926 S0.2253 

202S 2026 $47,338,020 S90,746,774 $47,338,020 S0.3484 5164,926 $0.22S3 

2026 2027 S47,338,020 590,746,774 S47,338,020 $0.3484 $164,926 $0.2253 

2027 2028 $47,338,020 $90,746,774 547,338,020 $0.3484 5164,926 S0.22S3 

2028 2029 S47,338,020 590,746,774 547,338,020 50.3484 5164,926 $0.2253 

2029 2030 $47,338.020 590,746,774 547,338,020 S0.3484 5164,926 S0.2253 

2030 2031 $47,338,020 S90,746,774 $47,338,020 50.3484 S164,926 $0.2253 

2031 2032 547,338,020 S90,746,774 S47,338,020 50.3484 S164,926 S0.2253 

2032 2033 S47,338,020 590,746,774 S47,338,020 S0.3484 5164,926 S0.2253 

S3,239,276 

- - 

··--- 

ComaiiSO 

Total Rev. 

Generated 

so so so 

so S76,044 S20,033 

so S130,266 $33,93a 

so S1S8,409 S41,731 

S30,873 S181,222 S78,614 

~ 0.2 11 $295,090 S128,010 

S66,718 $391,632 $169,890 

Sa6,432 S507,3S1 S220,089 

S97,753 5573,807 $248,917 

5101,020 5592,983 5257,236 

5106,653 5626,045 5271,57a 

5106,653 5626,045 5271,578 

5106,653 S626,04S $271,578 

S106,653 S626,045 S271,578 

S106,653 S626,045 5271,578 

$106,653 $626,045 S271,578 

$106,6S3 $626,04S 5271,578 

5106,653 $626,04S S271,578 

$106,6S3 S626,04S 5271,578 

5106,653 5626,045 5271,578 

S106.653 S626,045 5271,578 

$106,653 5626,045 5271,578 

$106,653 5626,045 5271,578 

5106,653 S626,04S 5271,578 

S106,653 S626,045 S271,578 

S2,032,856 Sl2, 297,484 SS,272,131 

Retained City 

Tax Revenue 

so 

S3.429 

SS.874 

S7,143 

S8,172 

$13,307 

S17,660 

S22,a78 

S25,875 

S26,739 

S2a,230 

S28,230 

S28,230 

528,230 

528,230 

$28,230 

S28,230 

$28,230 

528,230 

528,230 

$28,230 

S28,230 

S28,230 

S28,230 

S28.230 

SSS4,Sll 

Retained 

County Tax 

Revenue 

so 

S2,218 

S3,799 

$4,620 

S5,285 

sa,606 

$11,421 

$14,796 

516,734 

517,2931 

S18,2571 

$18,2571 

S18,257 

$18,257 

518,257 

$18,2S7 

S18,2S7 

$18,257 

S18,2S7 

518,257 

S18,257 

S1a,257 

$18,257 

S18,2S7 

S1B.257 

S3Sa,623 

f'0 

Ul 

f'0 

Amends Schedule D on Page 23

253 

Projected School District Non-Zone Revenue 

Year Real Property Value BPP&I Value CISD Tax CISD Revenue 

2008 $0 $0 $1.3225 $0 

2009 $42,141,550 $5,750,000 $1.3225 $633,366 

2010 $64,941,250 $9,741,188 $1.3225 $987,675 

2011 $90,561,449 $11,978,020 $1.3225 $1,356,084 

2012 $144,848,706 $13,703,020 $1.3225 $2,096,847 

2013 $305,711,160 $22,313,020 $1.3225 $4,338,120 

2014 $349,314,370 $29,613,020 $1.3225 $5,011,315 

2015 $466,212,490 $38,363,020 $1.3225 $6,673,011 

2016 $559,528,490 $43,388,020 $1.3225 $7,973,571 

2017 $604,978,490 $44,838,020 $1.3225 $8,593,823 

2018 $604,978,490 $47,338,020 $1.3225 $8,626,886 

2019 $604,978,490 $47,338,020 $1.3225 $8,626,886 

2020 $604,978,490 $47,338,020 $1.3225 $8,626,886 

2021 $604,978,490 $47,338,020 $1.3225 $8,626,886 

2022 $604,978,490 $47,338,020 $1.3225 $8,626,886 

2023 $604,978,490 $47,338,020 $1.3225 $8,626,886 

2024 $604,978,490 $47,338,020 $1.3225 $8,626,886 

2025 $604,978,490 $47,338,020 $1.3225 $8,626,886 

2026 $604,978,490 $47,338,020 $1.3225 $8,626,886 

2027 $604,978,490 $47,338,020 $1.3225 $8,626,886 

2028 $604,978,490 $47,338,020 $1.3225 $8,626,886 

2029 $604,978,490 $47,338,020 $1.3225 $8,626,886 

2030 $604,978,490 $47,338,020 $1.3225 $8,626,886 

2031 $604,978,490 $47,338,020 $1.3225 $8,626,886 

2032 $604,978,490 $47,338,020 $1.3225 $8,626,886 

$167,067,100 

Replaces Schedule F on Page 25

254 

Projected Zone Revenue (Sales Tax) 

EDC Sales Tax County Sales 

Year Gross Sales City Tax Tax Generate d Revenue Tax Revenue 

(0.375% Tax) (0.50%Tax) 

Total Sales Tax 

Revenue 

Sales Tax 

Revenue 

Available for 

Zone Projects• 

2009 $46,800,000 1.125% $526,500 $175,500 $234,000 $936,000 $234,000 

2010 $74,934,600 1.125% $843,014 $281,005 $374,673 $1,498,692 $374,673 

2011 $110,475,000 1.125% $1,242,844 $414,281 $552,375 $2,209,500 $552,375 

2012 $149,089,375 1.125% $1,242,844 $559,085 $745,447 $2,547,376 $745,447 

2013 $161,716,609 1.125% $1,677,255 $606,437 $808,583 $3,092,276 $808,583 

2014 $182,199,525 1.125% $1,819,312 $683,248 $910,998 $3,413,558 $910,998 

2015 $209,217,013 1.125% $2,049,745 $784,564 $1,046,085 $3,880,394 $1,046,085 

2016 $250,838,694 1.125% $2,353,691 $940,645 $1,254,193 $4,548,530 $1,254,193 

2017 $287,270,287 1.125% $2,821,935 $1,077,264 $1,436,351 $5,335,550 $1,436,351 

2018 $313,677,044 1.125% $3,231,791 $1,176,289 $1,568,385 $5,976,465 $1,568,385 

2019 $320,743,970 1.125% $3,528,867 $1,202,790 $1,603,720 $6,335,376 $1,603,720 

2020 $327,987,569 1.125% $3,608,370 $1,229,953 $1,639,938 $6,478,261 $1,639,938 

2021 $335,412,258 1.125% $3,689,860 $1,257,796 $1,677,061 $6,624,717 $1,677,061 

2022 $343,022,565 1.125% $3,773,388 $1,286,335 $1,715,113 $6,774,835 $1,715,113 

2023 $350,823,129 1.125% $3,859,004 $1,315,587 $1,754,116 $6,928,706 $1,754,116 

2024 $358,818,707 1.125% $3,946,760 $1,345,570 $1,794,094 $7,086,424 $1,794,094 

2025 $367,014,175 1.125% $4,036,710 $1,376,303 $1,835,071 $7,248,084 $1,835,071 

2026 $375,414,529 1.125% $4,128,909 $1,407,804 $1,877,073 $7,413,787 $1,877,073 

2027 $384,024,892 1.125% $4,223,413 $1,440,093 $1,920,124 $7,583,631 $1,920,124 

2028 $392,850,515 1.125% $4,320,280 $1,473,189 $1,964,253 $7,757,722 $1,964,253 

2029 $401,896,778 1.125% $4,419,568 $1,507,113 $2,009,484 $7,936,165 $2,009,484 

2030 $411,169,197 1.125% $4,521,339 $1,541,884 $2,055,846 $8,119,069 $2,055,846 

2031 $420,673,427 1.125% 

0 

$4,625,653 $1,577,525 $2,103,367 $8,306,546 $2,103,367 

2032 $430,415,263 1.125% $4,732,576 $1,614,057 $2,152,076 $8,498,710 $2,152,076 

2033 $430,415,263 1.125% $4,842,172 $1,614,057 $2,152,076 $8,608,305 $2,152,076 

$7,436,900,384 $80,065,801 $27,888,376 $37,184,502 $145,138,680 $37,184,502 

Replaces Schedule G on Page 26

255 

EXHIBITC 

65505654.1 C-1-

256 

RESOLUTION NO. 2007 -R52 

RESOLUTION BY THE CITY COUNCIL OF THE CITY OF NEW 

BRAUNFELS, TEXAS AUTHORIZING AN INTERLOCAL 

COOPERATIVE AGREEMENT BETWEEN THE NEW BRAUNFELS 

INDUSTRIAL DEVELOPMENT CORPORATION AND THE CITY OF 

NEW BRAUNFELS, TEXAS; AND OTHER MATTERS IN CONNECTION 

THEREWITH 

WHEREAS, the City of New Braunfels, Texas (the City) is authorized pursuant to 

the provisions of Section 48, as amended, Texas Revised Civil Sta~utes Annotated 

Article 5190.6 (the Act) to create a nonprofit industrial development corporation (the 

Corporation); 

WHEREAS, the City Council (the Council) of the City on August 14, 2000 

authorized the calling of an election authorizing the levy of three-eights (3/8) of one 

percent (1%) additional sales and use tax (the Sales Tax) within the City in accordance 

with the provisions Qf the Act; 

WHEREAS, the majority of the citizens of the City approved the levy of the Sales 

Tax at an election held on November 7, 2000; 

WHEREAS, the Council pursuant to an ordinance adopted on November 13, 

2000 authorized the levy of the Sales Tax; 

WHEREAS, Section 2(11) of the Act defines "project" to include expenditures 

found by the Board of Directors of the Corporation to be required or suitable for 

infrastructure necessary to promote or develop new or expanded business enterprises 

limited to streets and roads, rail spurs, water and electric utilities, gas utilities, drainage 

and related improvements, and telecommunications and Internet improvements; and 

WHEREAS, the Council published notice of the specific project or type of general 

project that the Corporation intends to undertake concerning the allocation of Sales 

Taxes of the Corporation for certain projects consisting of the development of regional 

drainage improvements and the construction of Fann to Market Road (FM) 306 on the 

east side of Interstate Highway (/H) 35 to FM 1101, the extension of water mains down 

FM 306 and FM 1101 to connect with the existing water service at FM 11 01 and 

Collenberg Road, and various road and utilities infrastructure in that area which will 

support the Creekside Project, a proposed one million square foot retail facility to be 

constructed at IH 35 and FM 306 (the Project) ; and 

WHEREAS, the City created Reinvestment Zone Number One, City of New 

Braunfels, Texas (the Zone); and 

WHEREAS, the Corporation has agreed to contribute its Sales Tax collected in 

the Zone to the City for deposit in the tax increment fund for the Zone; and 

65045862.2

257 



WHEREAS, the agreement attached hereto as Exhibit A is approved by the 

Council to provide for the transfer of funds, being a portion of the Sales Tax collected in 

the Zone, by the Corporation to the City to construct the Project, and to pay certain 

other costs of the Project; and 

WHEREAS, the Board hereby finds and determines the adoption of this 

Resolution and the execution of the agreement are in the best interests of the citizens of 

the City; NOW, THEREFORE, 

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEW 

BRAUNFELS, TEXAS THAT: 

SECTION 1: The agreement attached hereto as Exhibit A is incorporated by 

reference to this Resolution for all purposes. 

SECTION 2: The Mayor and the City Secretary of the City are hereby authorized 

to execute and seal the agreement. 

SECTION 3: The recitals contained in the preamble hereof are hereby found to 

be true, and such recitals are hereby made a part of this Resolution for all purposes and 

are adopted as a part of the judgment and findings of the Council. 

SECTION 4: All ordinances and resolutions, or parts thereof, which are in conflict 

or inconsistent with any provision of this Resolution are hereby repealed to the extent of 

such conflict, and the provisions of this Resolution shall be and remain controlling as to 

the matters resolved herein. 

SECTION 5: This Resolution shall be construed and enforced in accordance with 

the laws of the State of Texas and the United States of America. 

SECTION 6: If any provision of this Resolution or the application thereof to any 

person or circumstance shall be held to be invalid, the remainder of this Resolution and 

the application of such provision to other persons and circumstances shall nevertheless . 

be valid, and the Council hereby declares that this Resolution would have been enacted 

without such invalid provision. 

SECTION 7: It is officially found, determined, and declared that the meeting at 

which this Resolution is adopted was open to the public and public notice of the time, 

place, and subject matter of the public business to be considered at such meeting, 

including this Resolution, was given, all as required by Chapter 551 , as amended, 

Texas Government Code. 

SECTION 8: This Resolution shall be in force and effect from and after the date 

of its adoption, and it is so resolved. 

65045862.2 -2-

258 

PASSED AND APPROVED, this the 22nd day of October, 2007. 


~ ----- --- 

ayor 

City 

{CITY SEAL) 

65045862.2 -3-

259 

EXHIBIT A 

lntertocal Agreement 

See Tab No. 

65045862.2 

A-1

268 

EXHIBIT A 

INTERLOCAL COOPERATIVE AGREEMENT BETWEEN CITY OF NEW 

BRAUNFELS, TEXAS AND THE NEW BRAUNFELS INDUSTRIAL 

DEVELOPMENT CORPORATION RELATING TO THE ANTICIPATED 

TRANSFER OF CERTAIN PROCEEDS OF THE SALES AND USE TAX 

RECEIVED BY THE CORPORATION TO THE CITY TO PROVIDE FOR 

THE PAYMENT OR REIMBURSEMENT OF CERTAIN COSTS 

RELATING TO THE CONSTRUCTION OF CERTAIN PUBLIC 

PROJECTS IN THE CITY; AND OTHER MATTERS IN CONNECTION 

THEREWITH 

This agreement (the Agreement) is made to be effective as of the 22"d day of 

October, 2007 by and between the City of New Braunfels, Texas, a municipal 

corporation and home-rule city of the State of Texas (the City), and the New Braunfels 

Industrial Development Corporation (the Corporation), an economic development 

corporation created pursuant to the provisions of Section 4B of the Development 

Corporation Act of 1979, Texas Revised Civil Statutes Annotated Article 5190.6, as 

amended (the Act). The City of New Braunfels and the Corporation may hereinafter be 

referred to collectively as the Patties. 

RECITALS 

WHEREAS, on August 14, 2000 the City Council (the Council) of the City called 

an election concerning the levy of an additional sales and use tax for the benefit of the 

Corporation pursuant to the provisions of Section 4B of the Act to detennine if the 

qualified voters of the City would approve the levy of this additional sales and use tax in 

the amount of three-eights of one percent (3/8 of 1%) (the Sales Tax) within the City for 

the benefit of the Corporation; and 

WHEREAS, this election was held on November 7, 2000 (the Election), and the 

qualified citizens of the City approved the levy of the Sales Tax; and 

WHEREAS, the Council adopted a resolution on November 13, 2000, approving 

(I) the creation of the Corporation, (ii) its articles of incorporation, and (iii) its bylaws, and 

levied the Sales Tax in accordance with the provisions of the Act; and 

WHEREAS, the levy of the Sales Tax has been approved by the Comptroller of 

Public Accounts for the State of Texas (the Comptroller) and has been and will be 

collected by the Corporation in the form, time, and manner as provided in the Act and 

pursuant to the provisions of Chapter 321, as amended, Texas Tax Code; and 

WHEREAS, Section 2(11) of the Act defines "project" to include expenditures 

found by the Board of Directors of the Corporation to be required or suitable for 

infrastructure necessary to promote or develop new or expanded business enterprises 

limited to streets and roads, rail spurs, water and electric utilities, gas utilities, drainage 

and related improvements, and telecommunications and Internet improvements; and 

65044555.3 1

261 

WHEREAS, the proposed project (the Project) will consist of the development of 

regional drainage improvements and the construction of Farm to Market Road ("FM") 

306 on the east side of Interstate Highway ("IH") 35 to FM 1101, the extension of water 

mains down FM 306 and FM 1101 to connect with the existing water service at FM 11 01 

and Collenberg Road, and various road and utilities infrastructure in that area which will 

support the Creekside Project, a proposed one million square foot retail facility to be 

constructed at IH 35 and FM 306; and 

WHEREAS, Section 48 (a-1) of the Act provides that before the Corporation may 

undertake any project, the City must first publish notice of the specific project or type of 

general project that the Corporation intends to undertake; and 

WHEREAS, on July 10, 2007 the City published notice of the Project; and 

WHEREAS, the City will own the Project and will have full responsibility for the 

design and construction of the Project and the Corporation shall have no duties or 

responsibilities with respect to the Projects other than as provided in this Agreement; 

and 

WHEREAS, the City created Reinvestment Zone Number One, City of New 

Braunfels, Texas (the Zone); and 



WHEREAS, under the current policies and procedures established by the 

Comptroller the sales and use tax belonging to the City and the Sales Tax belonging to 

the Corporation are collected, commingled, and remitted directly to the City in undivided 

interests and without allocations or notations of ownership as between the City and the 

Corporation; and 

WHEREAS, it is appropriate and necessary that the City and the Corporation 

adopt formal procedures by which the City's sales and use tax and the Corporation's 

Sales Tax are collected, deposited, held, identified, allocated, and transferred to or for 

the benefit of the Corporation; and 

WHEREAS, the Parties intend to enter into this interlocal cooperative agreement 

(the Agreement) relating to the allocation of proceeds from sales and use taxes of the 

Corporation levied in the Zone to the City for expenditures relating to the Project as 

provided herein; 

WHEREAS, this Agreement shall constitute an interlocal cooperative agreement 

as authorized pursuant to the provisions of Chapter 791, as amended, Texas 

Government Code; 

WHEREAS, the City and the Corporation expressly acknowledge and recognize 

that pursuant to the Act, the Sales Tax proceeds collected in the Zone may only be 

allocated for purposes of the Project as authorized by the Act; and 

65044555.3 2

262 

NOW, THEREFORE, in consideration of the foregoing, and for other good and 

valuable consideration the receipt and sufficiency of which are hereby acknowledged, 

the parties agree as follows: 

SECTION 1: Rights and Obligations 

1.1 The City will own and cause the construction of the Project pursuant to the 

project plan for the Zone .. 

1.2 In consideration of the City's agreement to undertake the actions· set forth 

in Section 1 hereof, the Corporation shall transfer on an annual basis during the term of 

the Zone lawfully available Sales Tax proceeds to the City in the amount of 3/8 of 1% 

collected in the Zone on behalf of the Corporation by the State of Texas Comptroller. 

SECTION 2: Limitation on Use of Sales Tax Proceeds. The City and the 

Corporation expressly recognize and covenant that the Sales Tax proceeds collected in 

the Zone and transferred to the City by the Corporation may only allocated for 

expenditures relating to the Project all as provided in the Act and applicable law. 

SECTION 3: Amendments and Modifications. This Agreement shall be binding 

upon the City and the Corporation and their respective successors and legal 

representatives and shall inure solely to the benefit of the City and Corporation and their 

respective successors and legal representatives. Furthermore, no alteration, 

amendment, or modification of any provision of this Agreement shall be effective unless 

(1) prior written consent of such alteration, amendment, or modification shall have been 

obtained from the parties hereto, and (2) such alteration, amendment, or modification is 

in writing and signed by the parties hereto. 

SECTION 4: Default. In the event that either the Corporation or the City should 

violate any of the terms of this Agreement, the other party shall promptly notify the other 

respective party of the violation. In the event this violation is not cured within thirty (30) 

days after the sending of such notice, the party sending the notice may at its discretion 

notify the other party of its intention to declare this Agreement forfeited and null and 

void. Upon such notice, the delinquent party shall have thirty (30) days to cure this 

violation prior to final action by the other party declaring this Agreement forfeited and 

null and void. 

SECTION 5: Miscellaneous; Assignment. All the situations, promises, 

undertaking and agreements herein contained by or on behalf of either the Corporation 

or the City shall bind the successors and assigns of either party, whether so expressed 

or not but neither the Corporation nor the City shall have the right to assign this 

Agreement, or any part thereof except as hereinafter provided without the written 

consent of the other party. Either party may waive any default on the part of the 

opposite affecting any other provision of this Agreement; and a waiver of any one 

default shall not be deemed a waiver of any other or subsequent default or defaults. No 

delay by either party in enforcing any of its rights under this Agreement shall be deemed 

a waiver of such rights. 

65044555.3 3

263 

SECTION 6: Approval and Consent. Unless otherwise provided herein, any 

approval or consent required by the provisions of this Agreement by the City or the 

Corporation shall be evidenced by a written resolution adopted by the governing body of 

the party giving such approval or consent. Upon receipt of such written resolution duly 

certified by the appropriate party, the City or the Corporation can conclusively act on the 

matter requiring such approval. 

SECTION 7: Addresses and Notice. Unless otherwise provided herein, any 

notice, communication, request, reply, or advice (herein severally and collectively, for 

convenience, called "Notice") herein provided or permitted to be given, made or 

accepted by any party to any other party must be in writing and may be given or be 

served by depositing the same in the United States mail postpaid and registered or 

certified and addressed to the party to be notified, with return receipt requested, or by 

delivering the same to an officer of such party, or by prepaid telegram when 

appropriate, addressed to the party to be notified. Notice deposited in the mail in the 

manner hereinabove described shall be conclusively deemed to be effective, unless 

otherwise stated herein, from and after the expiration of three days after it is so 

deposited. Notice given in any other manner shall be effective only if and when 

received by the party to be notified. For the purposes of notice, the addresses of the 

parties hereto shall, until changed as hereinafter provided, be as follows: 

A. If to the City, to: 


424 South Castell Avenue 

New Braunfels, Texas 78130 

Attention: City Manager 

B. If to the Corporation, to: 

New Braunfels Industrial Development 

Corporation 

424 South Castell Avenue 

New Braunfels, Texas 78130 

Attention: Executive Director 

The parties hereto shall have the right from time to time and at any time to 

change their respective addresses and each shall have the right to specify as its 

address any other address by at least ten (10) days' written notice to the other parties 

hereto. 

SECTION 8: Covenants. The City and the Corporation covenant that they will 

faithfully perform at all times any and all covenants, undertakings, stipulations, and 

provisions contained in this Agreement. The City and the Corporation covenant that 

they are duly authorized under the laws of the State of Texas to execute and deliver this 

Agreement, that all actions on their part as provided herein and the execution and 

6S044SSS.3 4

264 

delivery of this Agreement have been duly and effectively taken according to the import 

thereof as provided in this Agreement. 

SECTION 9: Venue. Any damages for the breach of this Agreement shall be 

paid and be due in the County of Comal, Texas, which is the County in which the 

principal administrative offices of the City and the Corporation are located. It is 

specifically agreed among the parties to this Agreement that the County of Comal, 

Texas, is the place of performance of this Agreement; and in the event that any legal 

proceeding is brought to enforce this Agreement or any provision hereof, the same shall 

be brought in the County of Comal, Texas. 

SECTION 10: Legal Fees. In the event it is necessary for either party to 

commence legal action of any kind to enforce its rights hereunder, the prevailing party in 

such litigation shall be entitled to collect all court costs and reasonable attorney's fees 

and expenses incurred in connection therewith. 

SECTION 11: Force Majeure. In the event that either party shall be entirely 

prevented from completing performance of its obligations hereunder by an act of God or 

any other occurrence whatsoever which is beyond the control of such party, then such 

party shall be excused from any further performance of its obligations and undertakings 

hereunder. In the event that the performance of either party of any obligations or 

undertakings hereunder shall be interrupted or delayed by any occurrence and not 

occasioned by the conduct of either party hereto, whether such occurrence be an act of 

God or the common enemy or the result of war, riot, civil commotion, sovereign conduct, 

or the act or conduct of any person or persons not party or privy hereto, then he shall be 

excused from such performance for such period of time as is reasonably necessary 

after such occurrence to remedy the effects thereof. 

SECTION 12: Holiday. If the date for making any payment or the last date for 

performance of any act or the exercising of any right, as provided in this Agreement, is 

not a business day, such payment may be made or act performed or right exercised on 

the next succeeding business day with the same force and effect as if done on the date 

provided therefor herein. 

SECTION 13: Counterparts. This Agreement may be executed in any number of 

counterparts, each of such counterparts shall for all purposes be deemed to be an 

original, and all such counterparts shall together constitute one and the same 

instrument. 

SECTION 14: Entire Agreement. This Agreement contains the entire agreement 

between the parties pertaining to the subject matter hereof and fully supersedes all prior 

agreements and understandings between the parties pertaining to such subject matter. 

SECTION 15: Captions. The section headings appearing in this Agreement are 

for convenience of reference only and are not intended, to any extent and for any 

purpose, to limit or define the text of any section or any subsection hereof. 

65044555.3 5

265 

SECTION 16: Incorporation of Preamble Recitals. The recitals contained in the 

preamble hereof are hereby found to be true, and such recitals are hereby made a part 

of this Agreement for all purposes and are adopted as a part of the judgment and 

findings of the Commissioners Court and the Board of Trustees of the Corporation. 

SECTION 17: Inconsistent Provisions. All ordinances and resolutions, or parts 

thereof, which are in conflict or inconsistent with any provision of this Agreement are 

hereby repealed to the extent of such conflict, and the provisions of this Agreement 

shall be and remain controlling as to the matters provided herein. 

SECTION 18: Governing Law. This Agreement shall be construed and enforced 

in accordance with the laws of the State of Texas and the United States of America. 

SECTION 19: Severability. If any provision of this Agreement or the application 

thereof to any person or circumstance shall be held to be invalid, the remainder of this 

Agreement and the application of such provision to other persons and circumstances 

shall nevertheless be valid, and the Corporation and the City hereby declare that this 

Agreement would have been enacted without such invalid provision. 

SECTION 20: Construction. Unless the context requires otherwise, words of the 

masculine gender shall be construed to include correlative words of the feminine and 

neuter genders and vice versa, and words of the singular number shall be construed to 

include correlative words of the plural number and vice versa. This Agreement and all 

the terms and provisions hereof shall be constructed to effectuate the purposes set forth 

herein and to sustain the validity of this Agreement. 

SECTION 21: Compliance with Texas Open Meetings Act. It is officially found, 

determined, and declared that the meeting of each of the City and the Corporation at 

which this Agreement is adopted was open to the public and public notice of the time, 

place, and subject matter of the public business to be considered at such meeting, 

including this Agreement, was given, all as required by Chapter 551, as amended, 


65044555.3 6

266 

CERTIFICATE OF CITY SECRETARY 

THE STATE OF TEXAS 

COUNTIES OF COMAL AND 

GUADALUPE 


§ 

§ 

§ 

§ 

§ 

THE UNDERSIGNED HEREBY CERTIFIES that: 

1. On the 22nd day of October, 2007, the City Council (the Governing Body) of the 

City of New Braunfels, Texas (the City) convened in regular session at its regular meeting place 

in the City Hall (the Meeting), the duly constituted members of the Governing Body being as 

follows: 

Bruce Boyer 

Gale Pospisil 

Richard Zapata 

Mark Goodner 

Pat Wiggins 

Kathleen Krueger 

vacant 

Mayor 

Mayor Pro-Tern, District 3 

Councilrnember, District 1 


Councilmember, District 4 

Councilmember, District 5 


and all of such persons were present at the Meeting, except the following: none were absent, 

thus constituting a quorum. Among other business considered at the Meeting, the attached 

Resolution (the Resolution) entitled: 

RESOLUTION BY THE CITY COUNCIL OF THE CITY OF NEW 

BRAUNFELS, TEXAS AUTHORIZING AN INTERLOCAL 

COOPERATIVE AGREEMENT BETWEEN THE NEW BRAUNFELS 

INDUSTRIAL DEVELOPMENT CORPORATION AND THE CITY OF 

NEW BRAUNFELS, TEXAS; AND OTHER MATTERS IN CONNECTION 

THEREWITH 

was introduced and submitted to the Governing Body for passage and adoption. After 

presentation and discussion of the Resolution, a motion was made by Mayor Pro-tem Pospisil 

that the Resolution be finally passed and adopted in accordance with the City's Home Rule 

Charter. The motion was seconded by Councilrnember Goodner and carried by the following 

vote: 

_ 6_ voted "For" _ 0_ voted "Against" _ 0_ abstained 

all as shown in the official Minutes of the Council for the Meeting. 

2. The attached Resolution is a true and correct copy of the original on file in the 

official records of the City; the duly qualified and acting members of the Council of the City on 

the date of the Meeting are those persons shown above, and, according to the records of my 

65045905.1

267 

office, each member of the Council was given actual notice of the time, place, and purpose of the 

Meeting and had actual notice that the Resolution would be considered; and the Meeting and 

deliberation of the aforesaid public business, including the subject of the Resolution, was posted 

and given in advance thereof in compliance with the provisions of Chapter 551, as amended, 


IN WITNESS WHEREOF, I have signed my name officially and affixed the seal of the 

City, this 24th day of October, 2007. 

City Secretary, 

City ofNew Braunfels, Tex 

65045905.1 

-2-

268

- _,City of 



) 

Agenda Item No. lJ 4 . 



SUBJECT: Discuss and consider the first reading of an ordinance amending Chapter 106, 

Signs, of the Code of Ordinances by amending Section 106-3 to define mobile 

billboards and amending off-premise sign definition to include mobile 

billboards, and amending Section 106-11 to prohibit mobile billboards. 


A new form of advertising began appearing in the City in early summer this year. It started 

with panel trucks that have converted side panels that allow the signs on the side panels 

to rotate; thereby, creating three sign faces per panel. The signs advertise a variety of 

goods and services that are not provided by the owner of the truck nor offered on the 

property they are parked on. Another advertiser appeared utilizing electronic message 

boards attached to vehicles. 

With the appearance of these new off-premise mobile signs Staff began rece1vmg 

complaint calls. Staff researched the legality of said signs through the Sign Ordinance. 

The current Sign Ordinance prohibits off-premise signs within the city limits and the ET J, 

but it also exempts signs on operable vehicles. The signs also do not meet the definition 

of portable signs. 

The current Sign Ordinance is intended to prohibit the subject signs, but as written Staff 

cannot enforce their removal. To address the conflict in the ordinance, the City Attorney's 

office has drafted the attached revisions to the Sign Ordinance. 

A public hearing was held at the October 11, 2010 City Council meeting and this item was 

tabled until November 8, 2010. 

Staff met with the owner and operator of the new mobile sign trucks regarding their 

concerns with the proposed ordinance. They have two primary concerns. The first is 

associated with equality of their operations compared to other mobile advertisements 

located on taxis, buses/shuttles, etc. Staff agrees that case law would not support the 

distinction between the two types of off-premise advertising and has removed the 

exemption from the draft ordinance. Their second concern is associated with the amount 

of time they will be allowed to continue to operate their mobile signs if the ordinance is 

adopted. They would prefer to be allowed to operate their mobile signs in perpetuity. Staff 

believes that a two (2) year amortization period is sufficient. This time period has been 

utilized by other cities and is also supported in case law. The ordinance has been revised 

to reflect this change as well. 


270 


Yes City Plan/Council Pros: 

Priority: Goal 12: Protect and enhance the visual 

2006 Comprehensive Plan environment of the City. 

Pros and Cons Basecl 

on Policies Plan 

Cons: 

None 


N/A 


N/A 


Staff recommends approval to amend the Sign Ordinance. 

ATTACHMENTS: 

1. Ordinance 

U:\Pianning\CCagenda\Ordinance Arnendments\Sign Ord Short mobile billboards! 10-11-IO.doc 


271 


AN ORDINANCE OF THE CITY OF NEW BRAUNFELS AMENDING CHAPTER 106 

"SIGNS" OF THE CODE OF ORDINANCES BY AMENDING SECTION 106-3 TO 

DEFINE MOBILE BILLBOARDS; AMENDING SECTION 106-11 TO PROHIBIT 

MOBILE BILLBOARDS; PROVIDING A SAVINGS CLAUSE; PROVIDING A 

SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. 

WHEREAS, the basic purpose of mobile billboards is to display commercial 

advertising on public streets, and by their nature, mobile billboards are intended to 

attract the attention of citizens on public streets and adjacent right-of-way, including 

drivers, pedestrians, bicyclists, and others; and 

WHEREAS, vehicles that display commercial advertising from a mobile platform, 

which can start, stop, and turn abruptly, accentuate the tendency of commercial 

advertising to seize attention and distract drivers and pedestrians; and 

WHEREAS, the use of motor vehicles to display commercial advertising creates 

exhaust emissions and adds traffic congestion by placing additional motor vehicles on 

City streets for the sole purpose of advertising; and 

WHEREAS, mobile billboards create aesthetic blight and visual clutter, as well as 

potential and actual traffic, health and safety hazards; and 

WHEREAS, prohibiting mobile billboards will promote the public health, safety 

and welfare of motorists, pedestrians, bicyclists and others using the public streets and 

roadways in the City by eliminating aesthetic blight and visual clutter and potential traffic 

and safety hazards; and 

WHEREAS, a prohibition on mobile billboards will also reduce traffic congestion 

and exhaust emissions by eliminating an emission source that requires and encourages 

continuous operation of motor vehicle engines; and 

WHEREAS, prohibiting mobile billboards will protect the public investment in and 

the character and dignity of the City's streets; NOW, THEREFORE, 

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, 

TEXAS: 

SECTION 1: That Chapter 106 "Signs" of the Code of Ordinances is hereby 

amended by: 

a. Amending Section 106.3 "Definitions" by adding a new definition for "Mobile 

Billboards" which shall hereinafter read as follows: 

U:\Pianning\Ordinances\Mobile Billboards Ord.docx Page 1 of 3

272 

Mobile Billboard means a sign installed or displayed on a motor 

vehicle or a trailer being towed by a motor vehicle in the public right-ofway 

for the purpose of advertising a business or entity that is unrelated to 

the owner of the vehicle's primary business. The term does not include a 

sign that is displayed or installed on a vehicle operated in the normal 

course of the vehicle owner's business, if the sign contains advertising or 

identifying information directly related to the business and is not used to 

display advertising that is unrelated to the business. 

b. Amending Section 106-11 "Prohibited Signs" by adding a new Subsection 

(12) which shall hereinafter read as follows: 

(12) Mobile billboards except that a mobile billboard operator who is 

operating within the City on the effective date of this ordinance and 

registers proof of such operation with the City Secretary's Office within 

thirty (30) days of the effective date of this ordinance is not subject to the 

prohibition until two (2) years after the effective date of the ordinance. 

SECTION 2: It is hereby declared to be the intention of the City Council that the 

sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable 

and, if any phrase, clause, sentence, paragraph or section of this Ordinance should be 

declared invalid by the final judgment or decree of any court of competent jurisdiction, such 

invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and 

sections of this Ordinance. 

SECTION 3: All provisions of the Code of Ordinances of the City of New Braunfels 

not herein amended or repealed shall remain in full force and effect. All Ordinances or 

parts thereof in conflict herewith are repealed to the extent of such conflict only. 

SECTION 4: This Ordinance will take effect upon the second and final reading in 

accordance with the provisions of the Charter of the City of New Braunfels. 

PASSED AND APPROVED: First reading this ath day of November, 2010. 

PASSED AND APPROVED: Second reading this 22nd day of November, 2010. 


By: __________________________ __ 



273 

ATTEST: 



Alan C. Wayland, City Attorney 


274

- .,City of 


) 

275 



Agenda Item No. t/-~ 

Presenter/Contact- Vinicio "Lenny" Llerena, Airport Director 

(830) 221-4290 - lllerena@nbtexas.org 

susJecr: 

Discuss and consider approval of a resolution authorizing the City Manager to 

execute an agreement between the City of New Braunfels and the State of Texas, 

represented by the Texas Department of Transportation, to accept funding 

available under the Aviation Capital Improvement Program for improvements to 



A grant is available through the Texas Department of Transportation's Aviation Capital 

Improvement Program to provide improvements to the New Braunfels Municipal Airport including 

the extension of runway 13 and associated lighting, marking and signage, extension of parallel 

taxiway Alpha and associated lighting, marking, and signage, relocation of runway 31 threshold, 

installation of fencing , relocation of utilities associated with the runway extension, relocation of 

Precision Approach Path Indicator PAPI for runway 13, .environmental assessment for runway 

) extension 

The grant will fund 90% of the total estimated project costs of $4,165,002 and the City will be 

responsible for 10%. While the funding offer/award is made for total project costs, the project will 

be conducted in 2 separate phases with funding to be disbursed (and the City's matching 

requirements made) over the current and upcoming 2013 fiscal year. Engineering and Design will 

comprise Phase 1. Phase 2 of the project will include construction. 


N/A 

Strategic Plan: Infrastructure; Growth & 

Development 

~ Yes City Plan/Council Priority: Comprehensive Plan: Economic Development; 

Transpm1ation 

Airoort Master Plan 


Staff is working on securing the matching funds for this grant. Options include use of available 

debt proceeds or approaching the New Braunfels Industrial Development Corporation (IDC) for 

possible funding. Additionally, the extension of the runway will allow larger jets to operate at our 

airport, which will increase business and fuel sales. 


276 


N/A 


Staff recommends acceptance of this grant. 


277 

RESOLUTION NO. 201 0-R_ 


TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT 

BETWEEN THE CITY OF NEW BRAUNFELS AND THE STATE OF TEXAS, 

REPRESENTED BY THE TEXAS DEPARTMENT OF TRANSPORTATION, TO 

ACCEPT FUNDING AVAILABLE UNDER THE AVIATION CAPITAL IMPROVEMENT 

PROGRAM FOR IMPROVEMENTS TO THE NEW BRAUNFELS MUNICIPAL 

AIRPORT. 

WHEREAS, the City of New Braunfels intends to make certain improvements to 

the (name of airport); and 

WHERE.~.S, the general description of the project is described as: Improvements 

to the New Braunfels Municipal Airport including, but not limited to: Extension of runway 

13 and associated lighting, marking and signage, extension of parallel taxiway Alpha 

and associated lighting, marking, and signage, relocation of runway 31 threshold, 

installation of fencing, relocation of utilities associated with the runway extension, 

relocation of PAPI for runway 13, environmental assessment for runway extension; and 

WHEREAS, the City of New Braunfels intends to request financial assistance 

from the Texas Department of Transportation for these improvements; and 

WHEREAS, the total project costs are estimated to be $4,165,002 and the City 

of New Braunfels will be responsible for 1 0% (ten percent) of the total project costs 

currently estimated to be $416,500; and 

WHEREAS, the City of New Braunfels names the Texas Department of 

Transportation as its agent for the purposes of applying for, receiving and disbursing all 

funds for these improvements and for the administration of contracts necessary for the 

implementation of these improvements; 

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 


That, the City Council hereby directs the City Manager to execute on behalf of 

the City of New Braunfels, at the appropriate time, and with the appropriate 

authorizations of this governing body, all contracts and agreements with the State of 

Texas, represented by the Texas Department of Transportation, and such other parties 

as shall be necessary and appropriate for the implementation of the improvements to 


PASSED, ADOPTED AND APPROVED This 8 1 h day of November, 2010 


BY: ____________________ __ 

R. BRUCE BOYER, Mayor

278 

ATTEST: 


- _,City of 

279 


...... 


Agenda Item No. 5 (A - C) 

Presenter/Contact - Alan C. Wayland 

SUBJECT: EXECUTIVE SESSIONS 

(A) 

(B) 

_Deliberate and consider the purchase, exchange, lease or value of real property, in 

accordance with Section 551.072, of the Texas Government Code. 

(A. Wayland, City Attorney) 

Deliberate issues regarding economic development negotiations in accordance with 

Section 551 .087, of the Texas Government Code. 


(C) Deliberate pending/contemplated litigation, settlement offer(s), and matters 

concerning privileged and unprivileged client information deemed confidential by 

Rule 1.05 of the Texas Disciplinary Rules of Professional Conduct in accordance 

with Section 551.071 , of the Texas Government Code. 


In accordance with Texas Government Code, Subchapter D, the City Council may convene in a 

closed session. After the Executive Session discussion on the above noted item, any final 

action or vote taken will be in public. 


N/A 


I C i ~y ~ ! a n / Cou n c il 

Pnon ty : 


N/A 


N/A 


N/A

280

m - City of New Braunfels

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