CITY of NEW BRAUNFELS, TEXAS ~-,City of REGULAR CITY COUNCIL MEETING ~-..New Braunfels CITY HALL - COUNCIL CHAMBERS 424 S

CITY OF NEW BRAUNFELS, TEXAS ~-,City of REGULAR CITY COUNCIL MEETING ~-..New Braunfels CITY HALL - COUNCIL CHAMBERS 424 S. CASTELL AVENUE

MONDAY, AUGUST 24, 2009 at 6:00P.M.

R. Bruce Boyer, Mayor Sandy Nolte, Councilmember (District 4) Richard Zapata, Councilmember (District 1) Kathleen Krueger, Mayor Pro Tern (District 5) Mark Goodner, Councilmember (District 2) Steven Digges, Councilmember (District 6) Mike Ybarra, Councilmember (District 3) 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.

ADDENDUM

CALL TO ORDER: August 24, 2009@ 6:00 P.M.

3. CONSENT AGENDA

(C) Approval of a resolution to enforce the prohibition of an operator from using a wireless communication device in a school crossing zone; approving the posting of required signs; and declaring an effective date. (A. Wayland, City Attorney)

(D) Approval of a resolution authorizing the City Manager to enter into an agreement with the State of Texas, represented by the Texas Department of Transportation, to accept funding available under the Texas Traffic Program's Selective Traffic Enforcement Program (STEP). (R. Everett, Police Chief)

CERTIFICATION

I hereby certify the above Notice of Addendum was posted on the Bulletin Board at the New Braunfels Munici on August 21, 2009 at 10:00 a.m.

~ttSii;~~ eputYCity Secretary NOTE: Pe who plan to attend this meeting and who may need auxiliary reters for persons who are deaf or hearing impaired, readers, or large print, are to contact the City Secretary's Office at 221-4010 at least two (2) work days prior to the meeting so that appropriate arrangements can be made. ~,Cityof ~-.New Braunfels City Council Agenda Item Report August 24, 2009 Agenda Item No. 3-C Presenter/Contact -Alan C. Wayland, City Attorney (830) 221-4280 [email protected]

SuBJECT: Approval of a resolution to enforce the prohibition of an operator from using a wireless communication device in a school crossing zone; approving the posting of required signs; and declaring an effective date.

8ACKGROUND/RATIONALE:

This past legislative session, HB 55 passed which relates to an offense of using a wireless communication device while operating a motor vehicle. To enforce the state law, a municipality, county, or other political subdivision that enforces this provision, must post signs at the entrance to each school crossing zone in the city, county, or political subdivision. The Texas Department of Transportation has asked whether the City wishes to enforce the law, and if so, they will post the appropriate signage on the state highway systems. The City will be responsible for posting required signage at all other school crossing zones. Local schools begin their fall session August 24, 2009. HB 55 is effective September 1, 2009.

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

-1 N/A Yes I City Plan/Council Priority: I

FISCAL IMPACT:

City staff has estimated that sixty-five signs are needed at a cost of $98.16 per sign, for a total cost of $6,380.40.

BOARD/COMMISSION RECOMMENDATION:

N/A

STAFF RECOMMENDATION:

Staff recommends approval of the Resolution.

Page 1 of 1 RESOLUTION NO. 2009- __

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS TO ENFORCE THE PROHIBITION OF AN OPERATOR FROM USING A WIRELESS COMMUNICATION DEVICE IN A SCHOOL CROSSING ZONE; APPROVING THE POSTING OF REQUIRED SIGNS; AND DECLARING AN EFFECTIVE DATE.

WHEREAS, House Bill 55, prohibits the operator of a motor vehicle from using a wireless communication device in school crossing zones, unless the wireless communication device is used with a hands-free device. In order to promote state wide uniformity, House Bill 55 pre-empts all existing city ordinances state-wide; and

WHEREAS, House Bill 55 requires that an enforcing authority post signs at the entrance to school crossing zones. The required signage must be posted immediately below the school zone speed limit sign indicating that use of cell phones are prohibited; and

WHEREAS, The Texas Department of Transportation (TxDOT) has indicated a willingness to place the required signs on the state highway system roadways within the City of New Braunfels. NOW, THEREFORE,

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS:

Section 1: The prohibition on the use by an operator of wireless communication device in a school crossing zone, Texas Transportation Code §545.425, is hereby adopted.

Section 2: Prior to enforcement, the required TxDOT approved signs must be posted at the entrances to the school crossing zone.

Section 3: The City Manager shall be responsible for posting required signage or executing all documents necessary to allow placement of signs by TxDOT on state highway system roadways.

Section 4: The findings of fact, recitations and provisions set out in the preamble of this Resolution are adopted and made a part of the body of this Resolution, as fully as if the same were set forth herein.

Section 5: That this Resolution shall be in full force and effect from and after its passage, and in accordance with HB 55, 81 st Legislature Regular Session.

PASSED AND APPROVED this the 24th day of August, 2009.

CITY OF NEW BRAUNFELS, TEXAS

R. Bruce Boyer, Mayor ATTEST:

Michael A. Resendez, City Secretary I Texas Department of Transportation P.O. BOX 29928 • SAN ANTONI,. rrvAs 78229-0928 • (210) 615-1110

New Braunfels Area 0;. 4102 IH 35 South New Bratmfels, Texas 781 3 ... (830) 609-0707 FAX (830) 620-1916

August 3, 2009

Honorable R. Bruce Boyer Mayor, City of New Braunfels P.O. Box 311747 New Braunfels, Texas 78130

Mayor Boyer:

HB 55, which becomes eftcctive September l, 2009, states "A municipality, county, or other political subdivision that enforces this section shall post a sign that complies with the standards described by this subsection at the entrance to each school crossing zone in the municipality, county, or other political subdivision".

In accordance with HB 55, 81 st Legislature, Txno·r has adopted the "Cell Phone Use Prohibited-Up To $200 Fine" (S7-lT) sign. A detail is attached.

The signs details can be found in the Standard Highway Sign Design Manual (SHSD), which can be found at the to !lowing web address:

htm:l/}yww.txdot.gov/txdot lib..r.~u:y/1ml2Hs;_ations/highwav signs.htm

As required, the "Cell Phone Use Prohibited-Up To $200 Fine" (S7 ~ 1T) sign shall be posted below the School Speed Limit (S5-l) sign.

If you wish to enforce this law on the state highway system, please indicate such by signing in the provided space below. If you intend to enforce this law on the state highway system, TxDOT will post the S7 -1 T sign in the appropriate I cations. Thank you for yom· assistance.

Attachment

····- ······················--···~-- ·----··-······-···-····------Honorable R. Bruce Boyer

An Equal Opportunity Employer J A L J I I

~r- /:; ~ E ELL PHONE F c - - G D ------USE F 8 G PROHIBITED F G UP TO $200 FINE H E _..._I~ /

S7-1T

A B c D E F G H J SPEED 24 18 .375 .625 2 3C 1 2C 1.5 LIMIT 36 18 .375 .625 2 3C 1 2C 1.5 20 48 36 .75 1.25 4 5C 3 4C 3 WHEN FLASHING CELL PHONE COLORS: LEGEND • BLACK USE BACKGROUND· WHITE (RETROREFLECTIVE) PROHIBITED UP TO $200

TEXAS SIGN

5-18 H.B. No. 55

1 AN ACT 2 relating to an offense of using a wireless communication device

3 while operating a motor vehicle.

4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

5 SECTION 1. Section 545.425, Transportation Code, is amended

6 to read as follows:

7 Sec. 545.425. USE OF WIRELESS COMMUNICATION DEVICE; OFFENSE

8 [~¥ CKR'±'AHl MO'±'ORHi'±'~]. (a) In this section:

9 ( 1) "Hands-free device" means speakerphone capability

10 or a telephone attachment or other piece of equipment, regardless

11 of whether permanently installed in the motor vehicle, that allows

12 use of the wireless communication device without use of either of

13 the operator's hands.

14 (2) "Wireless communication device" means a device

15 that uses a commercial mobile service, as defined by 47 U.S.C.

16 Section 332. 17 (b) Except as provided by Subsection (c), an operator may 18 not use a wireless communication device while operating a motor

19 vehicle within a school crossing zone, as defined by Section

20 541.302, Transportation Code, unless:

21 ( 1) the vehicle is stopped; or 22 (2) the wireless communication device is used with a

23 hands-free device.

24 (b-1) A municipality, county, or other political

1 H.B. No. 55 1 subdivision that enforces this section shall post a sign that 2 complies with the standards described by this subsection at the 3 entrance to each school crossing zone in the municipality, county, 4 or other political subdivision. The department shall adopt 5 standards that:

6 (1) allow for a sign required to be posted under this 7 subsection to be attached to an existing sign at a minimal cost; and 8 (2) require that a sign required to be posted under 9 this subsection inform an operator that: 10 (A) the use of a wireless communication device is 11 prohibited in the school crossing zone; and 12 (B) the operator is subject to a fine if the 13 operator uses a wireless communication device in the school 14 crossing zone.

15 (c) An operator [A ~erosa] may not use a wireless 16 communication device while operating a passenger bus with a minor

17 passenger on the bus unless [enee~t ia ease sf emergeaey sr if] the 18 passenger bus is stopped [aot ia motioa].

19 (d) It is an affirmative defense to prosecution of an 20 offense under this section that: 21 ( 1) the wireless communication device was used to make 22 an emergency call to:

23 (A) an emergency response service, including a 24 rescue, emergency medical, or hazardous material response service; 25 (B) a hospital; 26 (C) a fire department;

27 (D) a health clinic;

2 H.B. No. 55

1 (E) a medical doctor's office;

2 (F) an individual to administer first aid 3 treatment; or

4 (G) a police department; or 5 ( 2) a sign required by Subsection (b-1) was not posted 6 at the entrance to the school crossing zone at the time of an 7 offense committed in the school crossing zone. 8 (e) This section does not apply to: 9 ( 1) an operator of an authorized emergency vehicle 10 using a wireless communication device while acting in an official 11 capacity; or 12 (2) an operator who is licensed by the Federal 13 Communications Commission while operating a radio frequency device 14 other than a wireless communication device. 15 (f) This section preempts all local ordinances, rules, or 16 regulations that are inconsistent with specific provisions of this 17 section adopted by a political subdivision of this state relating 18 to the use of a wireless communication device by the operator of a 19 motor vehicle. 20 SECTION 2. The change in law made by this Act applies only 21 to an offense committed on or after the effective date of this Act. 22 An offense committed before the effective date of this Act is 23 governed by the law in effect when the offense was committed, and 24 the former law is continued in effect for that purpose. For 25 purposes of this section, an offense was committed before the 26 effective date of this Act if any element of the offense was 27 committed before that date.

3 H.B. No. 55

1 SECTION 3. This Act takes effect September 1, 2009.

4 H.B. No. 55

President of the Senate Speaker of the House

I certify that H. B. No. 55 was passed by the House on May 15,

2009, by the following vote: Yeas 106, Nays 32, 1 present, not voting; and that the House concurred in Senate amendments to H.B.

No. 55 on May 29, 2009, by the following vote: Yeas 138, Nays 4, 1 present, not voting.

Chief Clerk of the House

I certify that H.B. No. 55 was passed by the Senate, with amendments, on May 26, 2009, by the following vote: Yeas 27, Nays 4.

Secretary of the Senate

APPROVED:

Date

Governor

5 ~-,City of ~~New Braunfels City Council Agenda Item Report " August 24, 2009 Agenda Item No. 3-D Presenter/Contact- Ron Everett, Police Chief (830) 221-4102- [email protected]

SUBJECT: Approval of a resolution authorizing the City Manager to enter into an agreement with the State of Texas, represented by the Texas Department of Transportation, to accept funding available under the Texas Traffic Program's Selective Traffic Enforcement Program (STEP).

8ACKGROUND/RATIONALE:

Funding is available through the Texas Department of Transportation's Texas Traffic Program for the operation of a Selective Traffic Enforcement Program. The objectives of this program are to (1) increase effective enforcement and adjudication of traffic safety-related laws to reduce fatal and serious injury crashes; and (2) increase occupant restraint use in all passenger vehicles and trucks. These goals will be accomplished through increased enforcement of traffic safety and occupant protection laws and increased public education and information campaigns.

The total grant award is $86,932.27. The amount of $69,920 is reimbursable under the terms of the grant and the City will be responsible for the $17,012.27 matching requirement. The award may be used to fund salaries and equipment necessary to operate the program for one year.

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

N/A -../ Yes I City Plan/Council Priority: I Strategic Priorities: Public Safety

FISCAL IMPACT:

The match requirement is available from the general fund allocation for grant matching requirements.

BOARD/COMMISSION RECOMMENDATION: N/A

STAFF RECOMMENDATION:

Staff recommends that the City Manager be authorized to accept this grant and to execute any and all documentation pertaining to it.

Page 1 of 1 RESOLUTION NO. 2009· __

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, 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 TEXAS TRAFFIC PROGRAM'S SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) AND AUTHORIZING THE EXECUTION OF ALL REQUIRED DOCUMENT AT ION ASSOCIATED WITH THE AWARD.

Whereas, the City of New Braunfels has been notified that it is the recipient of a Texas Traffic Safety Program STEP grant in the amount of $86,932.27, and;

Whereas, the City of New Braunfels herein verifies that it has an available cash reserve of not less than 100% of the proposed grant amount, or $86,932.27, which amount will be reserved until the end of the project, and;

Whereas, the City of New Braunfels herein verifies that it has an available amount of $17,012.27, which represents a 20% match to the grant, and;

Whereas, the proceeds from this grant award will be utilized to fund a program that increases effective enforcement and adjudication of traffic safety-related laws to reduce fatal and serious injury crashes in the community;

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

THAT, the City Council hereby authorizes the City Manager to act on behalf of the City of New Braunfels to accept said grant and to act in all matters related to this award, including execution of all required documentation associated with said award.

PASSED, ADOPTED, AND APPROVED this 24th day of August, 2009.

CITY OF NEW BRAUNFELS, TEXAS

BY: ------R. BRUCE BOYER, Mayor ATTEST:

MICHAEL A. RESENDEZ, City Secretary - CITY OF NEW BRAUNFELS, TEXAS .· City of REGULAR CITY COUNCIL MEETING ~J: New Braunfels "'-- CITY HALL a COUNCIL CHAMBERS 424 S. CASTELL AVENUE

MONDAY, AUGUST 24,2009 at 6:00P.M.

AGENDA

CALL TO ORDER: August 24, 2009@ 6:00P.M.

CALL OF ROLL: City Secretary

PLEDGE OF ALLEGIANCE/SALUTE TO THE TEXAS FLAG

INVOCATION: Mayor Pro-Tern Kathleen Krueger

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

1. MINUTES

Consider approving the minutes of the regular meeting of the regular meeting of August 10, 2009. Pages 1-11 (M. Resendez, City Secretary)

2. CITIZENS' COMMUNICATIONS Page 13

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. Mayor Pro-Tem Krueger City Council Agenda August24,2009 Page 2 of 3

3. CONSENT AGENDA Pages 15-24

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 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.

(A) Approval of a joint resolution with the city of Seguin approving an amendment to the by-laws of the Central Texas Technology Center Advisory Board. (A. Wayland, City Attorney) Pages 17-20

(B) Approval of a resolution nominating a candidate for the Comal Appraisal District Board of Directors. Pages 21-24 (M. Resendez, City Secretary)

4. PRESENTATIONS

(A) Recognition of Josiah Desouza for accomplishments at the 2009 National Games of America. Page 25 (S. Laird Dicke, Parks and Recreation Director)

5. INDIVIDUAL ITEMS FOR CONSIDERATION

(A) Public hearing on the City of New Braunfels FY 2009-1 0 operating budget; this budget will raise more total property taxes than last year's budget by $634,249 or 4.6 percent, and of that amount $658,747 is tax revenue to be raised from new property added to the roll this year. Page 27 (D. Korinchock, Support Services Director)

(B) Public hearing and first reading of an ordinance granting a Special Use Permit to allow up to 18 multifamily residential units per acre on approximately 10 acres located adjacent to the Stonegate Subdivision on SH 46 South, and zoned "R-3L Multifamily Low Density District". Pages 29-49 (S. Mattingly, Planning and Community Development Director)

(C) Public hearing and first reading of an ordinance rezoning 14.581 acres located in Crown Ridge Subdivision, Units 1 and 2, from "APD Agricultural/Pre Development District" to "R-1A-6.6 Single Family District". Pages 51-66 (S. Mattingly, Planning and Community Development Director)

(D) Public hearing and first reading of an ordinance rezoning 40.218 acres located in White Wing Subdivision, Units 1 and 2, from "APD Agricultural/Pre Development District" to "R-1A-6.6 Single Family District". Pages 67-81 (S. Mattingly, Planning and Community Development Director) City Council Agenda August24,2009 Page 3 of 3 (E) Public hearing and first reading of an ordinance amending Chapter 118, Platting, Sec. 118-40 (b), requiring digital plats upon submittal of an approved plat for recordation. Pages 83-88 (S. Mattingly, Planning and Community Development Director)

6. EXECUTIVE SESSIONS Page 89

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 89

(B) Deliberate issues regarding economic development negotiations in accordance with Section 551.087, of the Texas Government Code. (A. Wayland, City Attorney) Page 89

(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 89

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 Braunfe1s·Municipal' Building on August 19, 2009 at 12:00 p.m.

l ;1 / .· ~~<> ~ /~;;;;;£;-- Danny 5. ~~ II, Deputy City Secretary

NOTE: Pe ies who plan to attend this meeting and who may need auxiliary aids or s~ reters for persons who are deaf or hearing impaired, readers, or large";phnt, are ested to contact the City Secretary's Office at 221-4010 at least two (2) work days' prior to the meeting so that appropriate arrangements can be made. 1

MINUTES REGULAR CITY COUNCIL MEETING AUGUST 10, 2009

The City Council of the City of New Braunfels, Texas, met in Regular Session on August 10, 2009.

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, Assistant City Manager Robert Camarena, City Attorney Alan C. Wayland, City Secretary Michael A. Resendez, Assistant City Engineer Octavia Garza, Human Resources Director Julie O'Connell, Intergovernmental Services Manager Victoria Brown, Downtown Development Coordinator Monique Vernon, Fire Chief John Robinson, Parks and Recreation Director Stacey Laird-Dicke, City Planner Holly Mullins, Main Street Administrative Secretary Amy Rogers, and Information and Technology Specialist Woody Bagnall.

Also present were: Tom Hornseth, Jennifer Tharp, James Stanzione, Janet Stanzione, David Pfeuffer, Danny Scheel, Kyle Estes, Jay Brewer, Sue Cummings, Jan Kennady, Cathy Talcott, Cecil Eager, Craig Massouh, Michael Meek, Jason Davis, and news reporters Noah Westerfield and Theron Brittain.

' The meeting was called to order by Mayor Bruce Boyer in the New Braunfels Municipal Building City Council Chambers at 6:04 p.m. All Councilmembers were present. Mayor Boyer led the Pledge of Allegiance and Salute to the Texas Flag and Councilmember Ybarra gave the invocation.

MINUTES: Councilmembers considered approval of the minutes of the Special Meeting of July 20, 2009 and the Regular Meeting of July 27, 2009.

Councilmember Nolte moved to approve the minutes as presented. Councilmember Digges seconded the motion which was unanimously approved by City Council.

CITIZENS' COMMUNICATIONS:

No input was received under this agenda item.

CONSENT AGENDA:

Mayor Boyer read the Consent Agenda as listed below, noting that Item (A), regarding a contract modification for the South Tributary Regional Flood Control Project, had been pulled from the Consent Agenda and would be discussed after the executive

August ·1 0, 2009 New Braunfels Regular City Council 1\ileeting 2

sessions. Councilmember Digges moved to approve the Consent Agenda as listed below minus Item (A). Councilmember Krueger seconded the motion which was approved by the following roll call vote; AYES: Councilmembers Zapata, Goodner, Ybarra, Nolte, Krueger, Digges, and Mayor Boyer; NAYS: None.

(B) Approval of the second and final reading of an ordinance granting a special use permit to allow temporary storage of water and sewer pipe, appurtenances, construction equipment and pipe trench backfill on vacant property at E. Dallas Street at N. Union Avenue, located in an "R-2 single and two family district". As noted in the agenda packet,

Ordinance No. 2009-51

(C) Approval of the second and final reading of an ordinance designating the 500 block of Hill Avenue as an expansion of the Sophienburg Hill Historic District, according to Chapter 66, Article Ill and amending the zoning map.

Ordinance No. 2009-52

(D) Approval of the second and final reading of an ordinance amending Chapter 58, Floods, Code of Ordinances, by adopting a new FEMA Flood Study and Flood Insurance Rate Maps.

Ordinance No. 2009a53

(E) Approval of the second and final reading of an ordinance amending' section 126-354 of the permit parking ordinance.

Ordinance No. 2009-54

(F) Approval to authorize the City Manager to enter into a contract modification with Carter-Burgess regarding the Phase 3-05 Street Reconstruction Project (Gruene Road from Post Road to Business 35 and a segment of Glenbrook Drive). As noted in the agenda packet, the subject road segment was originally included in the Phase 3-05 project and plans were completed to approximately 50% before it was determined that funding might not be available to construct the entire project. It was further noted that the professional services to complete the project was $104,379.00, which funds were available in the 2008 Certificates of Obligation.

(G) Approval of the City of New Braunfels FY 2008-09 Third Quarter Investment Report. As noted in the agenda packet, as of June 20, 2009, the City had $68,971,699 (market value) invested in different investment instruments which represented a decrease of $3,346,944 or 4.6 percent from the end of the prior quarter. It was further noted that the decrease

August 10, 2009 New Braunfels Regular City Council Meeting 2 3

resulted mainly from the spend down of property tax payments that were received in the second quarter of the City's fiscal year as well as expenditures for capital improvement projects.

(H) Approval to amend the City's current holiday schedule for 2009 to include the designation of September 11 as a holiday for all uniformed employees in the Fire Department, replacing the Coma! County Fair Day holiday for these employees. As noted in the agenda packet, House Bill 2113, "September 11 Remembrance Day" was enacted by theTexas Legislature to be effective September 1, 2009. It was further noted that this holiday would be published in the budget for the 2010 calendar year as part of the holiday schedule.

(I) Approval of the second reading of an Ordinance amending Chapter 30, Civic and Cultural Facilities and Affairs, by creating a new article IV, New Braunfels Partnership Committee, Sections 30-60 through 30-63, purpose; members, terms appointments; officers; and powers and duties.

Ordinance No. 2009-55

(J) Approval of the Mayor's nominations to the New Braunfels Partnership Committee. As noted in the agenda packet, the following fourteen . committee members were appointed: Helgard Shur-Hollis, Mike Dietert, Gina Littrell, lan Taylor, Benne Engel, Sebastian Freytag, Andreas Lojewski, Frank Witting, Clinton Brandt, Maurice Fischer, David Hartmann, Herb Skoog, Stephanie Koehler, and Martha Rehler. It was further noted that a 15th member would be appointed at a later date.

(K) Approval of a Resolution approving the Bylaws of the New Braunfels Partnership Committee.

Resolution No. 2009-46

Presentation regarding an update of the Downtown Implementation Plan: Mayor Boyer read the above and foregoing caption.

Monique Vernon, Downtown Development Coordinator for the City, provided Council with an update on the Downtown Implementation Plan. Downtown Development Coordinator Vernon noted that the Downtown Implementation Plan was being facilitated by the Downtown Steering Committee which was comprised of nineteen members that included individuals from the downtown merchants, property owners, businesses, realtors, Chamber, Convention and Visitor's Bureau, Economic Development Foundation, 4B Board, Downtown Association, Main Street, residents, and other interested citizens. She added that the Downtown Implementation Plan was being funded by the City of New Braunfels, 4B Board, Chamber of Commerce, and the Economic Development Foundation.

August 10, 2009 New Braunfels Regular City Council Meeting 3 Downtown Development Coordinator Vernon explained why a Downtown Master Plan was necessary and stated that the Goal of the Plan was to enhance and maintain the economic viability of Downtown through a process that develops a broad public consensus.

Next, a map denoting the Downtown Study area was displayed along with dates whereby public input had been solicited and received and whereby market research had been conducted by the plan consultants.

Downtown Development Coordinator Vernon then covered factors under four main areas identified by the consultants critical to the success for revitalization of the Downtown area. The four areas including the factors for each were as follows:

• Economic Development - establish a dedicated funding source for Downtown Improvements; Incentive "infill occupancy" for retail and office businesses in vacant space along San Antonio Street; and, solicit a "Select Service" Hotel to locate in Downtown New Braunfels. • Parking Reform - create "park once" district with legal development rights for new development; establish Downtown parking design ordinance; and, evaluate a joint County/City Parking Garage. • Improved Walkability- implement pilot traffic calming and re-stripe street to create angled parking on West San Antonio Street; designate and enforce slower speeds (15-22 miles per hour) in and around Main Plaza; create and delineate crosswalks around Main Plaza and to and · frorn Bandstand; and, gather traffic count data to enable planning for additional traffic calming incentives. • Wayfinding - install Highway signage for Historic Downtown New Braunfels on Interstate Highway 35, State Road 46, Loop 337 and Walnut Avenue; and, increase font size and place logo on all Downtown Wayfinding Signage.

To conclude her presentation, Downtown Development Coordinator Vernon laid out the next steps in the process which included: • The evaluation of critical success factors by the Steering Committee in August of 2009; • The development of a draft plan in September of 2009; • Public input meeting in October of 2009 with regards to the Draft Plan; • The development of a final plan, based on public input, in November of 2009; • Presentation of the final to City Council in December of 2009; and, • The possible adoption of the plan in December of 2009 by the City Council.

No action was taken by City Council on this item.

August 10, 2009 New Braunfels Regular City Council 1\/leeting 4 5

Presentation, discussion, and action to authorize the City Manager to enter into a contract modification with HDR/Ciaunch & Miller regarding the final design of Walnut Avenue ·Segments 2 and 3 Reconstruction Projects and establish Utility Agreements for underground utility conversion and appropriate budget transfer: Mayor Boyer read the above and foregoing caption.

Assistant City Engineer Octavia Garza provided City Council with an update on the status of Segments 1, 2, and 3, noting that October of 2009 had been targeted for a presentation to Council on a bundled bid package strategy for all three segments.

Following comments from Councilmembers with regards to the status of the segments, Assistant City Engineer Garza displayed renditions of the Elliot Knox Portal as well as the San Antonio Street Portal. He then broke down the costs for Segment 1 which totaled $16,212,536.00 and included figures for Right-of-Way acquisition, design, construction, underground conversion for utilities, and construction of the portals.

Next, Assistant City Engineer Garza gave a recap of the scope of Segment 2 noting the costs for it at $1,624,116.00 which included figures for Right-of-Way acquisition, design, construction, and underground conversion for utilities.

He continued by covering the scope of Segment 3 for the reconstruction of Walnut Avenue from Katy Street to Landa Street (3, 100 linear feet) to a 5 lane facility with turn lane, curb and gutter, median, and sidewalks. With regards to Segment 3, Assistant City Engineer Garza noted the state-of-the-art pedestrian mobility improvements that could be made to Landa Street I Walnut Avenue, stormwater improvements, railroad crossing improvements, replacement of material on the bridge over the Dry Carnal, and the improvements to the Hike and Bike Trail connecting Segment 1 and Dry Carnal proposed trail. Assistant City Engineer Garza then broke down the costs for Segment 3 which totaled $7,321,302.

Assistant City Engineer Garza then gave a recap of all three segments noting a combined total project cost of $25,158,000 with $8,704,000 funded and $16,454,000 unfunded. He then listed the specific funding that would be needed in each fiscal year leading to FY 2012 and noted the next steps necessary in continuing the project involving Segments 1, 2, and 3.

Continuing with the agenda item, Councilmembers took the opportunity to comment and share concerns on different aspects of the project and request further information from staff related to underground utilities, irrigation of landscaped areas, funding for the project, and how the project would be bid.

Following a discussion, Councilmember Digges moved to authorize the City Manager to enter into a contract modification, in the amount of $480,693 with HDR/Ciaunch & Miller regarding the final design of Walnut Avenue Segments 2 and 3 Reconstruction Projects with an appropriate budget transfer and to authorize staff to

August 10, 2009 New Braunfels Regular City Council Meeting 5 6

establish Utility Agreements with NBU Electric, AT&T, and Time \/Varner Cable for underground utility conversion. Councilmember Krueger seconded the motion which was unanimously approved by City Council.

Presentation, discussion and possible action regarding a review of the Landa Park Golf Course Master Plan financial proforma by a work group assembled by the City Manager: Mayor Boyer read the above and foregoing caption.

Following a short introduction on the item by City Manager Morrison, Parks and Recreation Director Laird-Dicke provided Council with a presentation that encompassed the current user groups of the Landa Park Golf Course, the current financial status of the Landa Park Golf Course, and a review of the 2007 Master Plan for the Landa Park Golf Course which resulted in a recommendation of moderate improvements to the course.

Parks and Recreation Director Laird-Dicke continued by noting the different aspects of the 2007 Master Plan Review along with the various public input that was received with regards to the review. She continued by noting the two choices that evolved from the review which included: the "status quo" approach to continue to operate under current conditions and general price structure or for the City to undertake a full renovation of the Landa Park Golf Course with upgrades to the facility to widen the market appeal to tourists and lower-handicap golfers.

Parks and Recreation Director Laird-Dicke noted that with regards to the 2007 Master Plan Review, moderate improvements were recommended to include an overall. classic character improvements understanding nature in keeping with the age and history of the facility. She stated that judicious use of native grasses and new chipping and putting greens would be added to improve practice and teaching facilities.

Next, Parks and Recreation Director Laird-Dicke covered financial information related to the construction, design and archeological studies for improvements to the Landa Park Golf Course, stating that the total estimated project cost was $6,592,852.

She added that this past May, the City Manager had put together a work group consisting of Bob Gray, Larry Hammonds, Cecil Eager, David Pfeuffer, and Tom Rinehart to evaluate financial pro-forma from the 2007 Golf Course Master Plan and noted the scope of their review. Parks and Recreation Director Laird-Dicke further noted the group's findings included that the 2007 Financial Pro-Forma included reasonable assumptions and the independent Study supported 2007 Master Plan findings.

To conclude her presentation, Parks and Recreation Director Laird-Dicke listed the following recommendations proposed by the 2009 Work Group:

• Golf marketing needs to support the community goal of "year-round tourism";

August 10, 2009 New Braunfels Regular City Council Meeting 6 7

• The marketing effort should be initiated during design/construction period and include site tours during construction; • An aggressive golf marketing and promotional business plan needs to be developed independent of existing promotion efforts that are ongoing in New Braunfels; • In targeting the construction phase, the October 1, 2010 construction commencement time frame is preferred; • The City should take advantage of the current favorable construction market/costs; • Food and Beverage concession needs to increase offerings/gross sales as a result of tournament and special event expansion; • Fees to golfers need to include resident and non-resident rates, offer weekday rates for seniors, special rates for juniors and tournaments, offer a frequent player discount and competitive cart rental and trail fees; • Inflationary adjustments to rates are needed to keep the Golf Fund whole; • Perpetual golf course maintenance needs to reflect a higher quality golf course and experience; • In order to attract new and returning clientele, consider a "ramp-up" of fees for the first 12-18 months at rates pre-established by City Council; • The financial assumptions and pro-forma for the Moderate Improvements Scenario in the Master Plan were verified as rational and viable; • The City should formulate a golf staff assignment plan for the construction down time period; and, • To be conservative, the work group recommended that the City shou.ld anticipate and plan for funding support to cover operational short-falls. ·

City Manager Morrison thanked the work group for their efforts and stated that if Council felt it worthwhile to proceed with the improvements to the golf course that staff would proceed with requesting the 4B Board to reallocate $848,000.00 that was for revamping the irrigation system at the golf course and be applied towards the design and archeological studies for the improvements. Secondly, City Manager Morrison stated that staff would like to start a discussion with the 48 Board to request that it serve as a guarantor on the debt service for the proposed improvements.

Continuing with the agenda item, Councilmembers took the opportunity to comment and share concerns on the information that had been presented and request further information from staff related to the subject.

To conclude the item, Councilmember Goodner moved to authorize staff to request the 4B Board reallocate $848,000.00 that was set aside for revamping the irrigation system at the golf course and be applied towards the design and archeological studies for the improvements and that staff be authorized to start a discussion with the 48 Board to request that it serve as a guarantor on the debt service for the proposed improvements. Councilmember Ybarra seconded the motion which was unanimously approved by City Council.

August 10, 2009 New Braunfels Regular City Council Meeting 7 8

Discuss and consider the second and final reading of an ordinance granting a special use permit at 1581 SH 46 South to allow pre-owned auto sales in the "C-1 local business district" and "APD agricultural/pre-development district": Mayor Boyer read the above and foregoing caption.

City Planner Holly Mullins updated Council on this issue noting that this ordinance passed first reading at the July 27, 2009 Regular meeting by a 6/1/0 vote. City Planner Mullins further noted that the first reading of the ordinance was passed with the following conditions: that the paving, landscaping and buffering requirements of the zoning ordinance be met along with a limitation on the hours of operation and that the number of cars for sale on the lot be limited to twelve. City Planner Mullins informed Council that the applicant, Janet Stanzione, was requesting that Council consider increasing the maximum number of cars on the lot to twenty.

Next, Councilmembers took the opportunity to comment and share concerns on the restrictions pertaining to this ordinance and request further information from staff related to the subject.

James Stanzione of 27935 Wild Bloom, San Antonio, Texas 78260, spoke of the conditions that had been negotiated pertaining to the subject property and expressed how the prospective lessee was requesting permission for a maximum of twenty vehicles on the lot. Mr. Stanzione also mentioned the quality of dealership the City could expect to see on the lot.

Councilmember Krueger then moved to approve the second and final reading of this ordinance amended to allow a maximum of twenty vehicles on the subject lot. Councilmember Zapata seconded the motion which failed by the following roll call vote; A YES: Councilmembers Nolte, Krueger, and Zapata; NAYS: Councilmembers Goodner, Ybarra, Digges and Mayor Boyer.

Following the failure of the preceding motion, Councilmember Krueger moved to approve the second and final reading of this ordinance amended to allow a maximum of twelve vehicles on the subject lot. Councilmember Zapata seconded the motion which failed by the following roll call vote; A YES: Councilmembers Nolte, Krueger, and Zapata; NAYS: Councilmembers Ybarra, Digges, Goodner and Mayor Boyer.

Discuss and consider approval of the purchase of construction services for the Main Plaza Electrical Improvements Project: Mayor Boyer noted that this item had been pulled from the agenda and would not be discussed at this evening's meeting.

Discuss and Consider approval of an lnterlocal Agreement with Comal County with regard to the Comal County Justice Center: Mayor Boyer read the above and foregoing caption.

The presentation on this item commenced with Carnal County Engineer Tom Hornseth explaining how Comal County intended to construct a justice center at the

August 10, 2009 New Braunfels Regular City Council Meeting 8 9

corner of North Seguin Avenue and East Bridge Street. Mr. Hornseth made reference to an aerial photo that displayed the proposed justice center along with the other County buildings in the downtown area. Next, a street view of the proposed three-story justice center was shown from the Seguin Avenue I East Bridge Street main entrance.

Mr. Hornseth then spoke of two issues regarding the proposed justice center, the first being an issue regarding a setback from a residential property and the second issue relating to parking. Mr. Hornseth then laid out the County's plan to relocate all of the judicial offices and functions such as the district courts, the county courts at-law, the District Court Clerk, the County Court at-Law Clerk and the District Attorney to the proposed justice center.

He stated how the proposed justice center featured underground parking and a parking ramp able to accommodate 56 vehicles. He further stated how the additional 200 parking spaces required by City ordinance would be addressed by redistributing parking spaces on the County campus to the vacated judicial offices, ultimately allowing for the existing tax office to be removed and for a parking garage to be constructed in its place.

Mr. Hornseth noted that the interlocal agreement before Council for consideration allowed the proposed justice center building to move forward without the building setback and allowed the building to go forward with some specific agreements as to how construction for additional parking would be provided in the future. Mr. Hornseth then stated that Coma I County was specifically committing to construct a parking facility within five years after the date of completion of the proposed justice center within 400 feet of the new building. Mr. Hornseth noted that if construction could not take place, Comal County would be placing $2,000,000 in an account as surety that could be utilized by the City for a joint City-County parking garage located within 600 feet of the actual complex of buildings in the downtown area.

Next, Councilmembers took the opportunity to comment and share concerns on the interlocal agreement and request further information related to the subject.

Jennifer Tharpe, attorney for Comal County, then addressed how parking would be shuffled to accommodate the moving of personnel within the County campus during the time of construction and the timing related to the construction of the parking garage.

Following additional comments from Councilmembers, two sergeants from the Comal County Sheriff's Department briefed City Council on security issues that are of concern at the present time with regards to the handling of inmates and how the new justice center will allow for a more secure environment for Comal County employees and the general public.

Continuing with the agenda item, City Manager Morrison addressed the setback requirement issue noting that the design of the proposed justice center mitigated some of the impacts. He also noted how the City's preference was that the fund to be

August 10, 2009 New Braunfels Regular City Council Meeting 9 10

established could be used for a parking facility anywhere in the downtown area identified by the Downtown Implementation Plan. City Manager Morrison then made reference to a slide that identified a blue bubble around the downtown area (within 600 feet of the County's complex) that was close enough to the County's complex for use by its patrons.

Comal County Judge Danny Scheel spoke to Council about the County's plan to restore the old Courthouse, the moving of personnel to renovated spaces and some assurances related to the construction of a new parking garage estimated to contain from 330 to 400 parking spaces and estimated to cost approximately $6,000,000 at today's costs. Before closing his comments, Comal County Judge Scheel committed Comal County to constructing a parking facility within four years after the date of completion of the proposed justice center instead of the five years initially proposed.

Moving forward with the agenda item, Mayor Pro-tem Krueger moved to approve the interlocal agreement with Comal County with a stipulation that the parking garage be constructed within four years after the date of completion of the proposed justice centeL Councilmember Digges seconded the motion which was unanimously approved by City Council.

At 8:13p.m., Mayor Boyer announced that City Council would go into executive session to discuss the following items:

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.

Annual evaluation of the City Attorney, in accordance with Section 551.074, of the Texas Government Code, personnel matters.

At 9:05 p.m., Mayor Boyer announced that City Council had completed the executive sessions and the following motions were made:

Consent Agenda Item CAl - Approval to authorize the City Manager to enter into a contract modification with Halff Associates regarding the South Tributary Regional Flood Control Project and the appropriate budget adjustment:

Following a brief introduction by City Attorney Wayland with regards to an approved agreement with Carowest, Mayor Pro-tem Krueger moved to authorize the

August 10, 2009 New Braunfels Regular City Council Meeting 10 11

City Manager to enter into a contract modification with Halff AssoCiates regarding the South Tributary Regional Flood Control Project and the appropriate budget adjustment with the additional costs for these services not to exceed $100,000. Councilmember Zapata seconded the motion which was unanimously approved by City Council.

Next, Councilmember Digges moved to approve the purchase agreement for the purchase of the Valero convenience store at the intersection of Walnut and San Antonio Street at a cost of $770,233 and to compensate the Sac-N-Pac and Little Caesars Pizza with a premium payment to assist in the relocation for $38,200 and $26,850 respectively and to authorize the City Manager to execute all necessary documents. Councilmember Zapata seconded the motion which was unanimously approved by City Council. ·

Mayor Pro-tem Krueger also moved to extend the City Attorney's contract and include a compensation for car allowance for $6,000 per year back dated to April 16, 2009, based on the contract anniversary date. Councilmember Nolte seconded the motion which was unanimously approved by City Council.

Staff present during the executive sessions were City Manager Morrison, Assistant City Manager Camarena, City Attorney Wayland, and City Secretary Resendez.

ADJOURNMENT: This Regular meeting adjourned at 9:09 p.m.

Date Approved: August 24, 2009

By: R. BRUCE BOYER, MAYOR

Attest:

MICHAEL A. RESENDEZ, CITY SECRETARY

August 10, 2009 New Braunfels Regular City Council Meeting 11 12 13

,.._,City of ~~New Braunfels City Council Agenda Item Report August 24, 2009 Agenda Item No. 2 Presenter/Contact- Mayor Pro-Tem Krueger

SuBJECT: CITIZENS' COMMUNICATIONS

8ACKGROUND/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:

-.J NIA I City Plan/Council Priority: I

FISCAL IMPACT: N/A

BOARD/COMMISSION RECOMMENDATION: N/A

STAFF RECOMMENDATION: N/A

0 14 15

~Jcityof " :· New Braunfels City Council Agenda Item Report August 24, 2009 Agenda Item No. 3(A-B) Presenter/Contact- Various

SUBJECT: CONSENT AGENDA

Item Description Source Status A Approval of a joint resolution with the city of Seguin A. Wayland Non- approving an amendment to the by-laws of the Controversial Central Texas Technology Center Advisory Board. B Approval of a resolution nominating a candidate for M. Resendez Non- the Comal Appraisal District Board of Directors. Controversial

BACKGROUND/RATIONALE: N/A

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

FISCAL IMPACT: N/A

BOARD/COMMISSION RECOMMENDATION: N/A STAFF RECOMMENDATION: N/A 16 17

~_,City of ~-..New Braunfels City Council Agenda Item Report " August 24, 2009

Agenda Item No. 3-A Presenter/Contact- Alan C. Wayland, City Attorney (830) 221-4284 - [email protected]

SUBJECT: Approval of a joint resolution with the City of Seguin approving an amendment to the by-laws of the Central Texas Technology Center Advisory Board

BACKGROUND/RATIONALE:

The cities of New Braunfels and Seguin created the Central Texas Technology Center ("CTTC") Advisory Board by joint resolution in the spring of 2004. The CTTC adopted a set of by-laws and it provides that any amendment to the by-laws must be approved by the two cities to become effective. On August 11, 2009, the CTTC Advisory Board met and adopted an amendment to its by-laws that changes the term of Board members from a lifetime maximum of two three-year terms to allowing a member to serve two (2) consecutive three-year terms, and then, be eligible for reappointment to the Board for two (2) additional three-year terms provided they have not served on the Board for at least one (1) year. The amendment to the by-laws is attached as Exhibit "1" to the joint resolution.

The Seguin City Council met on August 18, 2009, and approved the joint resolution.

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

I City Plan/Council Priority:

FISCAL IMPACT:

N/A

BOARD/COMMISSION RECOMMENDATION:

CTTC Advisory Board recommends approval of the resolution.

STAFF RECOMMENDATION:

Staff recommends approval of the resolution.

Legal/Common/Forms/Agenda ltem/2009/Agenda ltem.Joint Res. By-law Amendment.CTTC 18

CITY OF NEW BRAUNFELS RESOLUTION NO. 2009-R CITY OF SEGUIN RESOLUTION NO. ----- A JOINT RESOLUTION OF THE CITY COUNCILS OF THE CITIES OF NEW BRAUNFELS, TEXAS, AND SEGUIN, TEXAS, APPROVING AN AMENDMENT TO THE BY-LAWS OF THE CENTRAL TEXAS TECHNOLOGY CENTER ADVISORY BOARD.

WHEREAS, the cities of New Braunfels, Texas and Seguin, Texas created the Central Texas Technology Center ("CTTC") Advisory Board by Joint Resolution of the cities adopted in 2004; and

WHEREAS, the CTTC Advisory Board adopted a set of by-laws (the "By Laws"); and

WHEREAS, the By-Laws provide that the same may be amended provided that the City Councils of the cities of New Braunfels and Seguin approve any such amendment; and

WHEREAS, the CTTC Advisory Board desires to amend the By-Laws to change the terms that individuals may serve on the Advisory Board;

NOW, THEREFORE, BE IT JOINTLY RESOLVED BY THE CITY COUNCILS OF THE CITIES OF NEW BRAUNFELS, TEXAS AND SEGUIN, TEXAS:

SECTION 1: That the First Amendment to the By-Laws of the Central Texas Technology Center Advisory Board attached hereto as Exhibit "1" and incorporated herein is hereby approved.

1 ADOPTED AND APPROVED by the New Braunfels City Council on this the 24 h day of August, 2009.

CITY OF NEW BRAUNFELS, TEXAS

By: ------R. Bruce Boyer, Mayor

ATTEST:

Michael A. Resendez, City Secretary

APPROVED AS TO FORM:

Alan C. Wayland, City Attorney

Legal/Common/CTTC/Joint Resolution.Approval of By-Law Amendment. OS II 09 19

ADOPTED AND APPROVED by the Seguin City Council on this 18th day of August, 2009.

CITY OF SEGUIN, TEXAS

By: ______Betty Ann Matthies, Mayor

ATTEST:

Thalia Stautzenberger, City Secretary

APPROVED AS TO FORM:

Ross Fischer, City Attorney

Legal/Common/CTTC/Joint Resolution.Approval of By-Law Amendment.0811 09 2 20

FIRST AMENDMENT TO THE BY-LAWS Central Texas Technology Center Advisory Board

That SECTION II.- MEMBERSHIP, Subsection B. Term of the By-Laws of the Central Texas Technology Center Advisory Board is hereby amended to read as follows:

SECTION II.-MEMBERSHIP

B. Term - All members shall serve a three (3) year term. No member may serve more than two (2) consecutive three-year terms, but may be eligible to serve another two (2) consecutive three-year terms after not serving on the board for at least a one (1) year period. ·

All remaining sections of the By-Laws not amended herein continue to be valid and enforceable.

ADOPTED by the Advisory Board at its meeting on August 11, 2009, by a vote of _ __,.g'----- Ayes and e No's.

Secretary, Central Texas Technology Center Advisory Board

Legai/Common/CTIC/First Amendment.Bylaws.0811 09 21 r_ __ ] City of ~~New Braunfels City Council Agenda Item Report August 24, 2009 Agenda Item No. 3-B Presenter/Contact- M. Resendez, City Secretary (830-221-4006)- ([email protected])

SUBJECT: Approval of a resolution nominating a candidate for the Comal Appraisal District Board of Directors.

BACKGROUND/RATIONALE:

Each year the various entities within the Comal Appraisal District may submit a candidate to be on the slate for board of directors. Jim Rice, previous nominee and current board member, has agreed to accept the City's nomination for another term on the board (01/01/2010 through 12/31/2011). Mr. Rice has served on the board continuously since 1996.

The Council may choose to nominate Mr. Rice for the 2010-2011 term or select another candidate. Once the Appraisal District has received all of the nominations, they will notify each entity of the number of votes they are qualified to cast on the official ballot.

The City Council will cast the City of New Braunfels votes for members of the District board at a subsequent meeting later this year.

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

FISCAL IMPACT:

N/A

BOARD/COMMISSION RECOMMENDATION:

N/A

STAFF RECOMMENDATION:

N/A

Page 1 of 1 22

RESOLUTION NO. 2009 - R

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS, NOMINATING A CANDIDATE(S) FOR MEMBERSHIP ON THE COMAL APPRAISAL DISTRICT BOARD OF DIRECTORS FOR A TERM BEGINNING JANUARY 1, 2010AND ENDING DECEMBER 31,2011.

WHEREAS, the terms of the current members of the Coma I Appraisal District Board of Directors will expire December 31, 2009; and

WHEREAS, each taxing unit entitled to vote may nominate a candidate for each position to be filled on the Board of Directors.

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

THAT, we hereby nominate Jim Rice as a candidate for membership on the Carnal Appraisal District Board of Directors and direct that a certified copy of the Resolution shall be forwarded to Curtis Koehler, Chief Appraiser, Carnal Appraisal District.

PASSED, ADOPTED AND APPROVED this 24th day of August, 2009.

CITY OF NEW BRAUNFELS

BY:------R. BRUCE BOYER, Mayor

ATTEST:

MICHAEL A. RESENDEZ, City Secretary ERIC COUCH CO MAL i\PPI&ISAL DISTRICT GARY BOLDT CHAIRMAN P 0 BOX 311222 MEMBER SCOTT R. WATSON 178 E. MILL STREET, #101 JAMES BOWER VICE-CHAIRMAN NEW BRAUNFELS, TX 78131-1222 MEMBER JIM RICE CURTIS KOEHLER CATHY C. TALCOTT 'ECRETARY CHIEF APPRAISER MEMBER

July 20, 2009

Mayor Bruce Boyer City of New Braunfels P 0 Box 3117 4 7 NewBraunfels, TX78131-1747

REF: Board of Directors Election

Section 6.03(g) of the Texas Property Tax Code states 'Each taxing unit that is entitled to vote may nominate by resolution adopted by its governing body one candidate for each position to be filled on the Board of Directors. The presiding officer of each governing body shall submit the names of the unit's nominees to the chief appraiser before October 15.'

For convenience we have attached a list of the current Board of Directors and whether or not the member is willing to serve again. Please submit the names of your nominees to this office no later than October 15, 2009 so they may be placed on the official ballot.

Sincerely,

~-~ 7 .//,F ~-~ ~/'-- Curtis Koehler, RPNRTAICTA Chief Appraiser

Xc: City Manager

Phone (830) 625-8597 Metro (830) 606-1407 Phone(830)885-4975 Fax(830)625-8598 www.comalad.org ERIC COUCH COMAL APP~ISAL DISTRICT GARY BOLDT CHAIRMAN P 0 BOX 311222 MEMBER SCOTT R. WATSON 178 E. MILL STREET, #101 JAMES BOWER VICE-CHAIRMAN NEW BRAUNFELS, TX 78131-1222 MEMBER JIM RICE CURTIS KOEHLER CATHY C. TALCOTT SECRETARY CHIEF APPRAISER MEMBER

COMAL APPRAISAL DISTRICT BOARD OF DIRECTORS ELECTION

2008 WILL ACCEPT NOl\1INATING 2010-2011 POSITION MEMBER BODY NOMINATION

Chairman Eric Couch Comal County Yes

Vice Chairman Scott R. Watson CISD, City of Bulverde Yes

Secretary Jim Rice CityofNB Yes

Member Gary Boldt CISD Yes

Member James Bower CISD, City of GR Yes

Phone(830)625-8597 Metro (830) 606-1407 Phone(830)885~975 Fax (830) 625-8598 www.comalad.org 25

~_,City of ~_.New Braunfels City Council Agenda Item Report August24,2009 Agenda Item No. 4-A Presenter/Contact- Stacey Laird, Parks and Recreation Director (830) 221-4350 - [email protected]

SUBJECT: Recognition of Josiah Desouza for accomplishments at the 2009 National Games of America.

8ACKGROUND/RATIONALE: A local athlete, Mr. Josiah Desouza, recently competed in the Games of America and earned first place honors in the discus competition.

Josiah has been a member of the Parks and Recreation Department's Rapids Track team for two years. Last year, he won a gold medal at the Texas Amateur Athletic Federation's Games of Texas by throwing the discus 127'. This win earned Josiah a bid to the Games of America, a national competition this summer in Colorado Springs, Colorado.

This time, throwing 152', success was found once again, as Josiah won first place to become the gold medal' winner at the 2009 National Games of America.

The National Games of America is the premier national multi-sport event for athletes of all ages. Medal winners from 49 State Games nationwide earn the right to compete against other winners, as well as Colorado athletes, and match their skills and competitive desire in a national arena.

Dedication, hard work and great sportsmanship are all words to describe Josiah Desouza. He will be attending New Braunfels High School this fall as a freshman.

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

-J NIA Yes I Cit}' Plan/Council Priority: I

FISCAL IMPACT: N/A

BOARD/COMMISSION RECOMMENDATION:

STAFF RECOMMENDATION:

N/A

Page I of I 26 27 r-.,Cityof ~~New Braunfels City Council Agenda Item Report "" - August 24, 2009 Agenda Item No. 5-A Presenter/Contact- Deborah Korinchock, Support Services Director (830) 221-4385 - [email protected]

SUBJECT: Public hearing on the City of New Braunfels FY 2009-10 Operating Budget; this budget will raise more total property taxes than last year's budget by $634,249 or 4.6 percent, and of that amount $658,747 is tax revenue to be raised from new property added to the roll this year

BACKGROUND/RATIONALE: City Council held work sessions on the FY 2009-10 Budget and tax rates on August 17, 18 and 19, 2009. As required by law, the City published a notice regarding the public hearing on the budget, including the statement on revenues required by statute.

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

--1 N/A Yes I City Plan/Council Priority: I

FISCAL IMPACT:

The FY 2009-10 Operating Budget will provide funding for all programs and projects for the new fiscal year.

BOARD/COMMISSION RECOMMENDATION:

N/A

STAFF RECOMMENDATION:

None required.

Page 1 of 1 28 29

~,City of ~iJ New Braunfels ""-- City Council Agenda Item Report - AUGUST 24, 2009 Agenda Item No.ll Presenter I Contact- Shannon Mattingly, Planning Director (830) 221-4055- [email protected]

SuBJECT: Public hearing and first reading of an ordinance granting a Special Use Permit to allow up to 18 multifamily residential units per acre on approximately 10 acres located adjacent to the Stonegate Subdivision on SH 46 South, and zoned "R-3L Multifamily Low Density District".

APPLICANT/OWNER: Brass Real Estate Growth Fund IV, LP 1001 0 San Pedro, Suite 450 San Antonio, TX 78216

BACKGROUND/RATIONALE: In 2002, the property was rezoned to R-3L and granted a Special Use Permit to allow up to 18 multifamily residential 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 taken place to date, seven years later; therefore the SUP is considered to be void. The 2002 ordinance adopted a site plan. The site plan was produced prior to any engineered site plans or drainage plans and is very vague in detail (see attachment #7). ·

The developers are now moving forward with the project and have made some revisions to the original, non-detail oriented, site plan. The location and number of buildings have been altered and the interior circulation has been improved. At its July 7, 2009, the Planning Commission unanimously recommended approval of the SUP request.

At the Council meeting of July 2ih, the applicants presented their SUP case and asked that their site plan not be required to be adopted with the ordinance because the drainage plans and other elements that had not yet been finalized might require some modifications to the current proposed plan.

The City Council held a public hearing for the case on July 2ih. After the public hearing closed, the Council voted to post-pone the first reading of the ordinance until August 24th so the applicant could bring back more information concerning the site plan.

The applicant since then has submitted a newly revised site plan accompanied with a cover letter explaining the alterations to the previous site plan (see attachment #8).

If the Council desires to include the site plan as part of the SUP ordinance, staff suggests that verbiage be included in the ordinance to allow staff to approve required alterations to the site plan due to building, life-safety codes, TXDOT requirements or

Page 1 of 3 30

other modifications required by any other state or local regulatory authority as to meet existing Council approved ordinances, so that the site plan does not need to go back before the Planning Commission and City Council for approval.

GENERAL INFORMATION: Case No.: PZ09-30

Size: Approximately 10 acres

Surrounding Zoning North- APD, R-2A I Residential, Agricultural and Land Use: South - R-2 I Vacant and Agricultural East - R-2, APD I Residential and Agricultural West -R-2, C-1A I Residential and Vacant

Comprehensive Plan/ Future Land Use Designation: Commercial

lmprovement(s): The property is currently vacant

NOTIFICATION: Public hearing notices were sent to 20 property owners located within 200 feet of the property. One response was returned in favor{# 1) and nine responses were returned in objection{# 5, 6, 7, 8, 12, 13, 14, 18 and 19). A total of 36% of the notification area has responded in objection. As stated in Section 2.1-3 of the City of New Braunfels Zoning Ordinance, Chapter 144, and in accordance with the provisions of Section 211.006 of the Texas Local Government Code, when a protest against such proposed zoning or zoning change has been filed with the Planning Department, duly signed and acknowledged by the owners of 20% or more, either of the area of land included in such a proposed change or those owners of property immediately adjacent to the subject property and extending 200' therefrom, such zoning change shall not become effective except by a three-fourths (314) vote of all the members of the City Council.

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

Yes City Plan/Council Pros: Priority: Goal 1 A Evaluate proposed zone changes to 2006 Comprehensive Plan maintain land use compatibility, as well as the integration of mixed land uses as a component of Pros and Cons Based achieving better places to live. on Policies Plan 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.

Page 2 of3 Cons: The proposed use is inconsistent with the Future Land Use Map, which has the property designated as commercial.

fiSCAL IMPACT: N/A

STAFF RECOMMENDATION: Staff recommends approval of the SUP request.

BOARD/COMMISSION RECOMMENDATION: The Planning Commission held a public hearing on July 7, 2009 and unanimously recommended approval of the SUP by a vote of 9-0-0.

ATTACHMENTS: 1. Application 2. Zoning and Existing Land Use Map 3. Future Land Use Map 4. Aerial Map 5. Notification Map 6. Response Map 7. Previously Approved 2002 Site Plan 8. Cover Letter and Revised Site Plan 9. Sec. 3.6, Chapter 144- SUP Special Use Permit 10. Excerpt from Planning Commission Minutes of July 7, 2009.

U:\Pianning\CCagenda\ZoneChgs&SUP\Bailey's Pond SUP 2009 8 24

Page 3 of3 32

Cityof I SlPE:CllAL USE PERMHT 4.24 S. CASTEL!..... ~VE/VUE l\' E H' B .i~ A lj :V 1";"- E L S T .\· :7 8 l 3 (} !'lew I E~A·fA!L: ;;/amtin ~r{r·n htexa.'l·. org ,unfels PHO/VE: (13f); 221-4050 F'AX: l~Y30) 60R-2109

3. legal Description; NameofSubdivi'sfon: A"'tO LL~- I AJ( f?Nkuikj:Z~J ' 11-. Lot(s}:..;... -~----=-=----Biock(s):~=-~~=~~~~-A.creage: ~-~-ll=/.. ( 6;,) __ ----=~

Map of property In relation lo City ilmits/major roadways or surroLmding area. If requesting a Type :2 Special Use Permit, applicant must attach a developmer:tlsite plan as describe<:! an pages 2 and 3 of this application.

For Offi-ce lise Only r=ee Received By:L.(_t.;~~h-'-.·------~Amount '-5--_')_,_-__----~-- __ Receipt :\io.: __:·_:_L _· _{_:~_' ___

Date Received: -·-=-·-_,o--'--~~~ -'-...::~~------7oning signs issued: Date:_ f...:/ Z.. '-/ C' 1 1'-io. :.2 7 Cash/Check Number:---'1_'-L.-~'---'"''-"..:c:..;;.:::.S ______Case f\lumber: __P_ _0_·Cf_-_3_-_D ______

C:\Documenls and Sertings\~gonza!ez\Loca! Sel1ings\Temporsry internet Files\Content.Oullooi<\GUDZLIVIS7\Special Use PerrniLOOC

ATTACHMENT 1 Land Use

C] Residential Low Density (Less than 5 Units/Acre) C] Residential Medium (6-12 Un/Ac) I Manufactured Homes C] Residential High Density (12+ Un/Ac) I Mobile Home Park

- Commercial -Industrial -School )> - Government -1 C] Institutional -1 Private Recreation )> D 0 ~Open Space J: c...:O::~Cj Drainage :!: m z -1 (.J· City of PZ09-30 Map Created 6/19/09 N "-·· New:::::;::;p- Braunfels Approximately 10 acres on SH 46 South SUP for 18 Multifamily Residential Units/Acre 1141

1145

w ~

E':Z:Jsubject 0Farcels Future Land Use LAND_USE2 S£!2.~£: cemetary : commind .. commercial drainage

··: ::1.,~:: institutional manufactured homes 1 mixed use open-parks private recreation res lowden resmed high ~ ~~~£~ school -t ~-~i:i;~§·; utilities )> 0 ::I:s: m PZ09-30 z [J N~~ Braunfels Map Created 6/19/09 -t ~·~ Approximately 10 acres on SH 46 South w SUP for 18 Mult 1ily Residential Units/Acre > ~ ~ ~· ('.)· d'b: ~ ITII ~. =J! ,!Jiio Cilv of If' , PZ09-30 Map Created 6/19/09 ~ti~ New Braunfels "': ...... -_ ...... ~~- Approximately 10 acres on SH 46 South ~':'>'~ SUP for 18 Multifamily Residential Units/Acre 36

PLANNING COMMISSION-JULY 7, 2009- 6:00PM New Braunfels Municipal Building, Council Chambers

Applicant: Gillette Holdings

Address/Location: Approximately 10 acres out of Subdivision No. 112 of the A.M. Esnaurizar Eleven League Grant, Guadalupe County, Texas, located adjacent to the Stonegate Subdivision on SH 46 South

Owners: Brass Real Estate Growth Fund IV LP

REQUEST FOR SPECIAL USE PERMIT- CASE #PZ09-30

The circled numbers on the map correspond to the property owners listed below. All information is from the Guadalupe Appraisal District Records. The property under consideration is marked as "SUBJECT".

1. Dirt Dealers X 2 .. Balouch, Brock 3. Alvizo, Manuel & Norma 4. Ruiz, Jose & Veronica Parra 5. Gray, Robert & Elena 6. De Alba, Jorge Garcia & 7. Michael, Ann 8. Molina, matt & Melissa Anna Ruth Garcia 9. Wallace, Raquel 10. Busse, Jeffrey & 11. Coons, Philip & Keely Edilia Calderon Susan Amorette Busse 12. Groenke, Jeffrey & Diana 13. Bentura, Richard & Diana 14. Gilbreth; Michele 15. Tresi Partners Ltd Etal 16. Brass Real Estate Growth 17. Votta, Joseph Michael Ill & 18. Boydston, Leonard & Barbara Fund IV LP Renee Laurene 19. Guadalupe River Ranch LP 20. Bundick, Lawrence & Joyce

SEE MAP ON REVERSE

ATTACHMENT 5 1141

.. )i l ./' / @ //' /7.'12.-'t( 1128 / / 1275

legend

D Parcels [~- J Notification Area ~Subject

~:.~< ·. ··~;~ -~.>-:-' ··.): PZ09m30 IVIap Created 61'19/09 ''.,., ·~ New Braunfels Approximately 10 acres on SH 46 South ~,.'..,.'.... ~~'"'~;...·~.;.....·-······ SUP for 18 Multifamily Residential Units/Acre 1141

·•,\ 1flt:" .. .,\ @ ' '\ \ ~ i p~ ,l co ~·· (Y) / @ // /~ , ~ 1275 legend ~Subject Notification Area [::J .1283

Response

Opposition 36% N D No Response 63.76% ~ )> Favor0.24% WWE -f s -f )> 0 Map Created 7/21/09 ::t PZ09-30 s: Braunfels Approximately 1 0 acres on SH 46 South m (J N~~ SUP for 18 Multifamily Residential Units/Acre z -f ------~ 0) ·~ (D.Al:lir POBD---\ ACCESS TO ADJACENT TRACTS TO BE PROVIDED 1'1.4 PROJECT RDADf/.41". \ SITEPLAN ) ~~plt.v ~.,,9f1 · Vol): ','------CITY OF NEW BRAUNFELS, TEXAS _/ -v.tc. .l'ct~ ~~ <· .?o"',~r"(:.1as ~f:\oe-l" t l:.'z'i.sting a.nlt proposed. Cre~rs a.round. site. SIX TO EIGHT I'DDT FENCE AROUND ENTIRE SITE THAT IS ADAJACENT TO SINGLE FAMILY AND TWO I'AMILY ZONING. ADDITIONAL LIINDSCAPING WILL BE INSTALLED IN THFS AREA.

.•.. ';'::· .~ ~ ~ iit

~&i!!~~ g-(j~ 9is.'v (i ~<>"~' 'v~ ~~~--= (j,gt~ ~Q~Q.~ !---.0 ~~ "'~~$"' w ~~ LO Total area of si;.e 12.98 Ac. gi Survey by IVILLIAM J. KOLOOZIE SURVEYING CO. DAfEO 3/14/00 Land use is multi family und commercial. Si~c has on existing tonk which will remain. tolol parking shown is 289 spaces There will be a mix of t ,2 and 3 bedroon units l the finial building clocotion is na.l complete ot L'lis time. 22 ~ighl unit buildings ore proposed = t 68 unit:l ~~f' Approx area or m"lti family 10.0 Ac. Jl£# Approx area of :ommercial 2.9 Ac. soc;;&, We propose to hove NBU provide oil utility service. ~§ ~!J*. Co:-.tours ure approximate and were token from USGS mop. ~'(i~c;r'.!' -?.!ffii"E 3" col. tree • a)l

PROPERTY UNE

~ );! OVERHEAD ELECTRIC LINE WITHIN A 50" WIDE BASEMENT TO LCRA. 0 IYATER LINE WFTHIN A ZO' If/DE EASEMENT TO NEW BRAUNFELS UTJLFTJES. :J:s:: m Prepared by: z Land Development Service -1 11843 Braesview Ste120 1 ..... San Antonio, Texas 78213 210·710·2187 fax210-493-2156 L .. _'.. i,-? ~~~F~(~~~~:~~~~~~~f2~~~~~}!!~L.

"..,.J •/ :i ~==:::t:·

August 12, 2009

Dear Mayor and City Council members,

Pursuant to the request of the New Braunfels City Council on July 27> 2009 regarding case #PZ09-30, please find attached the final site plan for a 168-unit multifamily development to be located on a 10 acre parcel of property owned by Brass Real Estate Growth Fund IV, LP, located on SH 46 South.

Our firm has engaged additional engineering and architectural design services to solidify the viability of the site plan attached. In doing so, the design team has further reviewed the City of New Braunfels building code as it pertains to the pioject layout. Items such as setbacl and green space have been addressed in the final site plan.

In an effort to deliver a project that is app;opriate to the surrounding uses, vve have reduced the number of apartment buildings from 14 to 12. All buildings are 2 stories or less in height. Although we sacrificed density slightly, we feel confident that the changes will benefit the community surrounding the development while remaining financially viable.

Based on the above factors we consider the site plan to be final, subject to pending review from local and state regulatory authorities (i.e. building, fire and safety, TX Dot, etc.).

I thank you for your service to the community and respectfully ask that you give objective consideration to our request. Respectfully, ,- v .,,// / _ __../! ;' C// ,i""'~./~·" ...--- v ( / Mario Gonzalez

Vice President of Acquisitions and Development

Magi Real Estate Services

10010 San Pedro, #450

San Antonio, TX 78216

CC: Matt Greene and Shannon Mattingly Magi R~:a! Estata Sai1ficas

14417 Brooit Hoff ow Bfvd, #336

Sar: Ar:i:onio, Te:xas 78231

Office: 210.545.2181 41 I I

I I

I I 42

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;

(5) Screening and buffering, features to minimize visual impacts, and/or set backs from adjacent uses;

ATTACHMENT 9 43

(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

(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. Telecommunication 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. 45

DRAFT

EXCERPT FROM PLANNING COMMISSION MINUTES OF JULY 7, 2009

PUBLIC HEARINGS Hold a public hearing and make a recommendation to City Council regarding Case #PZ09-30, the proposed Special Use Permit to allow up to 18 multifamily residential units an acre on approximately 10 acres out of Subdivision No. 112 of the A.M. Esnaurizar Eleven League Grant, located adjacent to the Stonegate Subdivision on SH 46 South and zoned "R-3L Multifamily Low Density District". (Brass Real Estate Growth Fund IV, LP) Mr. Green explained that in 2002, the property was rezoned to "R-3L" and granted a Special Use Permit to allow up to 18 multifamily residential units per acre. The verbiage in the 2002 ordinance stated that "should said use cease to be, for a period of twelve months, the property shall revert to existing zoning of R-3L". He said that no activity had taken place in the seven years since the approval and therefore the SUP was considered to be void. He said the developers proposed to move forward with the project but the new site plan, which changed the location of the buildings and improved the interior circulation, was still in the preliminary stages and they were asking that a site plan not be adopted with the ordinance. Mr. Greene stated that 20 notices were sent out to property owners within 200ft. of the subject property; one response was received in favor of the Special Use Permit (#1} and seven in opposition (#5, 7, 8, 12, i3, 14 and 19). He said staff recommended approval of the Special Use Permit.

Chair Casteel invited the applicant or their agent to address the Commission.

Mario Gonzales representing Brass Real Estate Growth Fund offered to answer any questions.

Chair Casteel asked if there was anyone in the audience who wished to speak in favor of the Special Use Permit. No one spoke.

Chair Casteel asked if there was anyone in the audience who wished to speak in opposition to the Special Use Permit. No one spoke.

Motion by Vice Chairman Heimer, seconded by Commissioner Seidel, to close the public hearing. The motion carried unanimously. (9-0-0)

Commissioner Seidel asked if the developer had contacted the neighbors in opposition to the development. Mr. Gonzales said they had not.

Commissioner Massouh asked how many units were being proposed. Mr. Gonzales replied that i 72 units were proposed for a total density of 17 units per acre.

Vice Chairman Heimer asked why the property could not be rezoned to multifamily. Ms. Mattingly explained that there was no zoning classification that would meet the request. She said "R-3L" permitted up to 12 units per acre and "R-3H" permitted 24 units per acre.

Commissioner Myrick noted the large drainage area within the property. Mr. Gonzales acknowledged the drainage concerns, adding that site development was always an unknown and one reason the developer was asking the Commission not to approve the Special Use Permit with a particular site plan.

Commissioner Kossick asked for more detailed information about the proposed multifamily development. Mr. Gonzalez explained that the complex would be gated, and amenities included a pool, business center and meeting room. He said units would rent from $700 to $1,000 per month.

Commissioner Myrick asked when the City could require a more specific site plan. Ms. Mattingly repiied that there were two types of Special Use Permits: one with a site plan and one without. She said the applicant in this case requested the type without a site plan.

ATTACHMENT 10 46

Commissioner Vann asked when the Commission would see a final site plan. Mr. Mattingly said the Commission would not see a site plan at all. Mr. Gonzales reiterated his reasons for not submitting a site plan with the application.

Commissioner Myrick said the reason he was concerned about the lack of a site plan was because of opposition from the neighbors. Chair Casteel noted that none of those against the development were in attendance to explain reasons for their opposition.

Motion by Vice Chair Heimer, seconded by Commissioner Vann, that Case #PZ09-30, the proposed Special Use Permit to allow up to 18 multifamily residential units an acre on approximately 10acres out of Subdivision No. 112 of the A.M. Esnaurizar Eleven League Grant, located adjacent to the Stonegate Subdivision on SH 46 South and zoned "R-3L Multifamily Low Density District", be forwarded to City Council with a recommendation to approve.

Commissioner Myrick moved to amend the motion to require appropriate buffering between the multifamily development and the adjacent single family neighborhood. After some discussion, Commissioner Myrick withdrew his motion.

The original motion carried unanimously. (9-0-0) 47

ORDINANCE NO. 2009-

AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ALLOW UP TO 18 MULTIFAMILY RESIDENTIAL UNITS AN ACRE ON APPROXIMATELY 10 ACRES OUT OF SUBDIVISION NO. 112 OF THE A.M. ESNAURIZAR ELEVEN LEAGUE GRANT, LOCATED ADJACENT TO THE STONEGATE SUBDIVISION ON SH 46 SOUTH AND ZONED "R-3L MULTIFAMILY LOW DENSITY 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 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 Speciai Use Permit meeting 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 approximately 10 acres out of Subdivision No. 112 of the A. M. Esnaurizar Eleven League Grant, located adjacent to the Stonegate Subdivision on SH 46 South, as described in Exhibit "A", to allow up to 18 multifamily residential units an acre in an "R-3L" Multi Family Low Density District;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS:

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 approximately 10 acres out of Subdivision No. 112 of the A. M. Esnaurizar Eleven League Grant, located adjacent to the Stonegate Subdivision on SH 46 South, as described in Exhibit "A", to allow up to 18 multifamily residential units an acre in an "R-3L" Multi-Family Low Density District."

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. 48

SECTION 3 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 THIS ordinance will take effect upon the second and final reading of same. PASSED AND APPROVED: First Reading this the 24th day of August, 2009. PASSED AND APPROVED: Second Reading this the 14th day of September, 2009.

CITY OF NEW BRAUNFELS

R. BRUCE BOYER, Mayor ATTEST:

MICHAEL A. RESENDEZ, City Secretary

APPROVED AS TO FORM:

ALAN C. WAYLAND, City Attorney

U:\Pianning\Ordinances\Special Use Permits\Bailey's Pond SUP 8 24 2009.doc

2 49

PROPERTY DESCRIPTION· BAJLX POND

Muli Family Tract

A tract of land being part of a 48.807 ac tract conveyed to Carl F. Saur ind wife and to MeJ Karr Farms by deed dated April 28th 2000 and recorded in volume 1512 on pages 190-195 of the REAL PROPERTY RECORDS OF GUADALUPE COUNTY, TEXAS.

Commencing at a W' iron rod being the southwest most comer of a tract ofland owner by Leonard A. Boydston & Wife, Barbara J. V.412 Pg. 03-06 said point being on the northern right of way line of State Highway 46. then= North 4S Degrees 23 Minutes 40 Seconds, 153.7 feet to the point of Beginning of the herein described tract. Thence North

Degrees Minutes Seconds West7 400.3 feet ro a point, thence North 22 Degrees OS Minutes 13 Seconds, 34.5 feet to a point. thence North 67 Degrees 54 Minutes 47 Seconds West, 298.9 feet to a point, thence North 54 Degrees 14 Minutes 58 Seconds East, 250.48 feet to a point, thence North 58 Degrees 18 Minutes 52 Minutes West, 32.9 feet to a point, thence North 54 Degrees 16 Minutes 22 Seconds East, 616.46 feet to a point, thence South 32 Degrees 12 Minutes 41 Seconds East, 30.7 feet ro a point, thence South 41 Degrees 52 Minutes 14 Seconds East. 154.8 feet to a point. thenee South 37 Degrees 37 Minutes Sl Seconds East. 279.5 feet to a point thence South 4S Degrees 23 Minutes 40 S"onds West, 569.63 feet to the point of Beginning. Containing 10 Acres more or less. 50 51 r-., Citv of ~~New Braunfels City Council Agenda Item Report '"-v ~ AUGUST 24, 2009 Agenda Item No ..£-C Presenter/Contact - Shannon Mattingly, Planning Director (830) 221-4055 [email protected]

SUBJECT: Public hearing and first reading of an ordinance rezoning 14.581 acres located in Crown Ridge Subdivision, Units 1 and 2, from "APD Agricultural/Pre Development District" to "R-1A-6.6 Single Family District".

APPLICANT: City of New Braunfels

OWNERS: List Attached

BACKGROUND/RATIONALE: Crown Ridge Subdivision was developed prior to its annexation in 1998. Annexed property is considered to have APD Agricultural/Pre-Development zoning until more suitable zoning is requested, either by the property owner or by the City of New Braunfels. Lots in the subdivision meet the R-1 A-6.6 standards for use and lot width, depth and area. Approval of this request will apply the appropriate zoning designation and facilitate reconstruction if a structure is destroyed. It will not affect existing uses or buildings.

GENERAL INFORMATION: Case No.: PZ09-33

Size: 44 lots on approximately 14.581 acres

Surrounding Zoning North - R-1 /Residential. Open Space and Land Use: South -APD I Residential East- R-2A, R-1 A-6.6 I Church, Open space West- APD I Open Space

Comprehensive Plan/ Future Land Use Designation: Low Density Residential

lmprovement(s): Existing single-family residential subdivision

NOTIFICATION: Public hearing notices were sent to 56 property owners located inside the subdivision and within 200 feet. One response was received in favor (#2) and none in opposition.

Page 1 of 3 52

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

Yes City Plan/Council Pros: Priority: 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. R-1A-6.6 is compatible with the future land use designation, existing uses and adjacent development.

Goal 1 B Utilize existing land use inventory and official zoning district map to identify parcels that are legally developed with a use that is more or less intensive than the permitted uses in the zoning district in which they are located and consider proposed zone changes as appropriate. This subdivision was identified as appropriate for consideration.

Goal SF Establish appropriate zoning for newly annexed areas compatible with adjacent areas. R-1 A-6.6 zoning is appropriate for the location and existing use of the property.

Cons: None

FISCAL IMPACT: N/A

STAFF RECOMMENDATION: Staff recommends approval of this request.

COMMISSION RECOMMENDATION: The Planning Commission held a public hearing on August 4, 2009, and recommended approval of the rezoning by a vote of 8-0-0.

ATTACHMENTS: 1. Application 2. Zoning & Existing Land Use Map 3. Future Land Use Map 4. Aerial Map 5. Notification Map 6. Sec. 3.4-2, Chapter 144 - R-1 A-6.6 Single-family District 7. Excerpt from the minutes of the August 4, 2009 Planning Commission meeting

Page 2 of3 53

Crown Ridge Subdivision Property Owners:

EBERT MELVIN 2019 STUART RD ADKINS TX 78101 TRIBBLE CARLE & PATSY E 1929 TIARA DR NB TX 78130 LITTLEJOHN JAMES B & SANDRA 1935 TIARA DR NB TX 78130 DALESSANDRO LUCA R & SHARON H 1941 TIARA DR NB TX 78130 POWELL LEONARD A & MILDRED M 8505 CARDINAL ST LENEXA KS 66219 BIBBEE MICHAEL S & JENNIFER R 1953 TIARA NB TX 78130 WJNN HENRYE 1959 TIARA DR NB TX 78130 WARD ELIZABETH 1965 TIARA NB TX 78130 BEES NOLAN JR 1971 TIARA DR NB TX 78130 WORLEY MARY E 1918 TIARA DR NB TX 78130 ALVAREZ EVA 1924 TIARA DR NB TX 78130 GREEN JOHN D & KARA J 1930 TIARA DR NB TX 78130 BENNETT JAMES A JR & BARBARA S 1942 TIARA DR NB TX 78130 ERBEN RONALD J & MARY KAY 1948 TIARA DR NB TX 78130 RODRIGUEZ MANUEL J 1954 TIARA DR NB TX 78130 WEITZ FRANK 1960 TIARA DR NB TX 78130 REININGER CHRISTOPHER & BARBARA 1966 TIARA DR NB TX 78130 COLLINS ROBERT J & MARIA T 1971 QUEEN VICTORIA NB TX 78130 DOKKEN GREGORY L & LAURA A 1967 QUEEN VICTORIA NB TX 78130 SHERRILL KATHRYN L 1963 QUEEN VICTORIA NB TX 78130 MITTENBERG DORA DALE 1959 QUEEN VICTORIA NB TX 78130 KAMRATH DARRELL C & BARBARA M 1955 QUEEN VICTORIA NB TX 78130 GUTIERREZ RUBEN & EPIFANIA 1951 QUEEN VICTORIA NB TX 78130 GOODWYN BARBARA W 1947 QUEEN VICTORIA NB TX 78130 CLARK WILLIAM A 1943 QUEEN VICTORIA NB TX 78130 SASSMAN FREDDY H JR & CAROL A 1939 QUEEN VICTORIA NB TX 78130 GAONA CHRISTIAN E & DIXIE K 1935 QUEEN VICTORIA NB TX 78130 SEIBERT JON W & SARAH B 1912 TIARA DR NB TX 78130 GALLESKE DUDLEY D 1924 QUEEN VICTORIA NB TX 78130 SHAHAN DAVID A & KATHERINE A 1928 QUEEN VICTORIA NB TX 78130 KEPPEL DONALD K & MARIA JESUS G 1932 QUEEN VICTORIA NB TX 78130 HALATIN JAMES D 1936 QUEEN VICTORIA NB TX 78130 MAY GERALD & SHAWN 1940 QUEEN VICTORIA NB TX 78130 HOWELL DEBORAH A 1944 QUEEN VICTORIA NB TX 78130 WARD JEFFREY & INGA R 1948 QUEEN VICTORIA NB TX 78130 DUGAN ROBERT D & LINDA L 1952 QUEEN VICTORIA NB TX 78130 ELLIS JON H & ELIZABETH H 1956 QUEEN VICTORIA NB TX 78130 CALDWELL CHARLES M & TANYA B 1960 QUEEN VICTORIA NB TX 78130 THIEM JOHN T JR & JANICE M 1964 QUEEN VICTORIA NB TX 78130 BUTRICO GREGORY F & BETTINA R 1968 QUEEN VICTORIA NB TX 78130 ROWE DAVID T & TONI R 1972 QUEEN VICTORIA NB TX 78130 NIETO JAVIER J SR & ROMONA G 1976 QUEEN VICTORIA NB TX 78130 JAMES JACK D & MARIA A 1980 QUEEN VICTORIA NB TX 78130 AUSTIN ANNA 1936 TIARA DR NB TX 78130 AUSTIN LAURA 6730 HICKORY SPRINGS SAN ANTONIO TX 78329

Z:\CCagenda\ZoneChgs&SUP\Crown Ridge zoning.doc Page 3 of3 54 APPLICATION FOR ..... City of ZONE CHANGE ::· Nevv Braunfels 424 S. CASTELL AVENUE J NEW BRAUNFELS TX 78130 E-MAIL: [email protected] ""' 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 furnished from owner(s) at the time submitted.

Name City of New Braunfels . Mailing Address 424 S. Castell Ave. New Braunfels TX 78130 Telephone: 830-221-4050 Fax: Mobile:______Email: ______

2. Property Address/Location: 1600 blk of FM 1044

3. Legal Description: Name of Subdivision: Crown Ridge Subdivision Units 1 & 2

Lot(s): 44 Block(s): Acreage: 14.581

4. Existing Use of Property: Single-family residential

5. Proposed Use of Property (attach additional or supporting information if necessary): ______

Same

6. Zoning Change Request: Current Zoning:.__ ....:A~P....:D::.__ ___Proposed Zoning_ ___,R_,_-_,_1A:...:·....:6=.6"----

If "POD Planned Development District", check if: Concept Plan. ___ OR Detail Plan, _____

7. Reason for request (please explain in detail and attach additional pages if needed): ------ To apply appropriate zoning following annexation

8. ATTACHMENTS: 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.) X Map of property in relation to City limits/major roadways or surrounding area. If requesting a Planned Development (PD), applicant must provide development standards on the detail plan and/or provide the standards in a separate document 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 11 x17 of the revisions.

ed hereby requests rezoning of the above described property s indicated.

Date

For Office Use Only

Fee Received By: ___~__.L')_~~------·Amount Receipt No.:------7 Date Received: ______.Zoning signs issued: Date: /11 /ot:t No. 3 Cash/Check Number: ____-______Case Number: _ ___;P_:?._O_Cf_-_.3_3______

H:\Crown Ridge app.DOC ATTACHMENT 1 6;

i Zoning & Exib ... ng Land Use Map;

c::Jzoning ~ ):! ~ Subject Properties 0 Institutional :I: 3: Open/Agricultural mz 1919 -1 Low Density Residential lk>i\C

IVIap Created On Crown Ridge Subdivision 717/09 APD to R-1A-6.6 __ ...... __......

~ Subject Properties Future Land Use ~ ~ - Commercial ('") 1712 :I: Institutional s: m · Open-Parks z 1919 -f Residential Low Density 1718 w

~~·~·· .~•:!i City ot Map Created On G'-'lcJ New Braunfels Crown Ridge Subdivision 7/22/09 ~·~· """'0 to R-1A-6.6 ;~ 0 :I: s: m z -t ~ r:r· '>;::! r~· 'l City ot -33 Map Created On l~;~ New Braunfels Crown Ridge Subdivision 717109 ~~-=- APD to R-1A-6.6 58

PLANNING COMMISSION -AUGUST 4, 2009 - 6:00PM

New Braunfels Municipal Building, Council Chambers

Applicant: City of New Braunfels

Address/Legal Description: Crown Ridge Subdivision; 14.581 acres

Owner: Various Owners

REQUEST FOR REZONING- CASE #PZ09-33

The circled numbers on the map correspond to the property owners listed below. All information is from the Comal Appraisal District Records. The properties under consideration for zoning are marked as "SUBJECT'.

1. Adams, Randal and Susan 2. Brennan, Cynthia Lynn 3. Wiemers, Chris and Terry 4. Karl, Curtis and Burdie 5. Heimer, Archie Trustee 6. First Assembly of God 7. Lorna Verde LP 8. Klabunde, Linda Marie 9. Enterprise Texas Pipeline LP 10. R & V Perry Second Family LP 11. Patton, Robert F. 12. Ebert, Melvin 13. Tribble, Carl and Patsy 14. Littlejohn, James and Sandra 15. Dalessandro, Luca and Sharon 16. Powell, Leonard and Mildred 17. Bibbee, Michael and Jennifer 18. Winn, Henry E. 19. Ward, Elizabeth 20. Bees, Nolan Jr. 21. Worley, Mary E. 22. Alvarez, Eva 23. Green, John and Kara 24. Bennett, James and Barbara 25. Erben, Ronald and Mary Kay 26. Rodriguez, Manuel 27. Weitz, Frank 28. Reininger, Christopher & Barbara 29. Collins, Robert and Laura 30. Dokken, Gregory and Laura 31. Sherrill, Kathryn 32. Mittenberg, Dora Dale 33. Kamrath, Darrell and Barbara 34. Gutierrez, Ruben and Epifania 35. Goodwyn, Barbara W. 36. Clark, William A. 37. Sassman, Freddy and Carol 38. Gaona, Christian and Dixie 39. Seibert, Jon and Sarah 40. Galleske, Dudley 41. Shahan, David and Katherine 42. Keppel, Donald and Maria Jesus 43. Halatin, James 44. May, Gerald and Shawn 45. Howell, Deborah 46. Ward, Jeffrey and lnga 47. Dugan, Robert and Linda 48. Ellis, Jon and Elizabeth 49. Caldwell, Charles and Tanya 50. Thiem, John and Janice 51. Butrico, Gregory and Bettina 52. Rowe, David and Toni 53. Nieto, Javier and Ramona 54. James, Jack and Maria 55. Austin, Anna 56. Austin, Laura

SEE MAP ON REVERSE

ATTACHMENT 5 Notif.'"'ation Map ~/ _,;-/ // /. 1615 ~ -1'1 ~

~l? ,../

G) ~ -t Legend )> (") :::r: c:J 200' NotificationBuffer 35: m ~ Subject Properties z ~N -t 1934 <11 PZ09-33 IVIap Created On Crown Ridge Subdivision 717/09 APD to R-1A-6.6 60 CITY OF NEW BRAUNFELS- ZONING ORDINANCE

3.4-2. "R-tA-6.6" single-family district.

Purpose. The R-1A-6.6 single-family district is intended for development of primarily detached, single family 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

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 or 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) Height and area 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

ATTACHMENT 6 61 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 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)

(iv) Rear building setback. 20 feet.

(v) Width of lot. The minimum width of an interior lot shall be 80 feet and the minimum width of a corner lot shall be 85 feet.

(vi) Lot area per family. Every single-family dwelling hereafter erected or altered shall provide a lot area of not less than 12,000 square feet per dwelling, 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.

(i) Height. 35 feet.

(ii) Front building setback. 25 feet.

(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 minim urn 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 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)

(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. 62 DRAFT

EXCERPT FROM PLANNING COMMISSION MINUTES OF AUGUST 4. 2009

PUBLIC HEARINGS

Hold a public hearing and make a recommendation to City Council regarding Case #PZ09-33, the proposed rezoning of Crown Ridge Subdivision, Units 1 and 2, consisting of approximately 14.581 acres, from "APD AgriculturaVPre-Development District" to "R-1A-6.6 Single Family District." (City of New Braunfels)

Ms. Mullins explained that the City initiated this request for single family zoning at Crown Ridge Subdivision, which was annexed in 1998. She stated there are 44 lots on 14.5 acres, and all lots meet the R-1A-6.6 standards for land use and lot size. The Future Land Use designation for the area is Low Density Residential. Ms. Mullins said 56 notices were sent to property owners in the subdivision and within 200 feet, one response was received in favor (#2) and none in opposition. Staff recommended approval of the zoning request.

Chair Casteel asked if there was anyone in the audience to speak in favor of the zoning request. No one spoke.

Chair Casteel asked if there was anyone who wished to speak in opposition to the request.

Robert Patton, 1938 Lou Ann Dr., expressed concern about parcel #12 on the notification map, which is platted as drainage detention. Mr. Patton stated the lot needs to remain detention and he would oppose any change in use.

Chair Castell replied this request would simply apply single-family zoning and there would be no changes to the existing plat.

Motion by Commissioner Elrod, seconded by Commissioner Myrick to close the public hearing. The motion carried unanimously (8-0-0).

Motion by Commissioner Vann, seconded by Commissioner Seidel, that the proposed rezoning of Crown Ridge Subdivision, Units 1 and 2, consisting of approximately 14.581 acres, be forwarded to City Council with a recommendation to approve. The motion carried unanimously (8-0-0).

ATTACHMENT 7 63

ORDINANCE NO. 2009·

AN ORDINANCE REZONING CROWN RIDGE SUBDIVISION UNITS 1 AND 2, CONSISTING OF 14.581 ACRES, FROM "APD AGRICUL TURAUPRE-DEVELOPMENT DISTRICT" TO "R· 1A-6.6 SINGLE-FAMILY DISTRICT"; REPEALING ALL ORDINANCES IN CONFLICT; CONTAINING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE.

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 tracts of land from "APD Agricultural/Pre-Development District" to "R-1A-6.6 Single-Family District": "14.581 acres being the Crown Ridge Subdivision Units 1 and 2, as delineated on Exhibit "A" attached."

SECTION2 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.

SECTION3 THAT all other ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent that they are in conflict.

1 64

SECTIONS THIS ordinance will take effect upon the second and final reading of same. PASSED AND APPROVED: First Reading this the 24th day of August, 2009. PASSED AND APPROVED: Second and Final Reading this the 14th day of September, 2009.

CITY OF NEW BRAUNFELS

R. BRUCE BOYER, Mayor

ATTEST:

MICHAEL A. RESENDEZ, City Secretary

APPROVED AS TO FORM:

ALAN C. WAYLAND, City Attorney

Z:\Ordinances\Zone Changes\Crown Ridge.doc

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SUBJECT: Public hearing and first reading of an ordinance rezoning 40.218 acres located in White Wing Subdivision, Units 1 and 2, from "APD Agricultural/Pre-Development District" to "R-1A-6.6 Single Family District".

APPLICANT: City of New Braunfels

OWNER: 730 Development LP 3950 Hwy 46 West #200 New Braunfels TX 78130

BACKGROUND/RATIONALE: This is a City-initiated request for single-family zoning on White Wing Subdivision, located off Klein Road near FM 725. The subdivision was annexed in 2007 and still has the interim zoning designation of APD Agricultural/Pre-Development. Final plats were approved in 2006, prior to annexation by the City. Streets in Unit 1 have been constructed but no houses built. The Unit 2 plat is not yet recorded. All lots in the subdivision meet the R-1 A-6.6 Single-family District standards for minimum lot size (6,600 sq. ft.) Approval of this request will apply appropriate zoning and allow building permits to be issued when development resumes.

GENERAL INFORMATION: Case No.: PZ09-36

Size: 135 lots on approximately 40 acres

Surrounding Zoning North- PO, R-1A-6.6/Residential and Land Use: South -Outside City Limits I Residential East- APD; M-1A I Residential, Open Space West- APD I Residential

Comprehensive Plan/ Future Land Use Designation: Low Density Residential

lmprovement(s): Streets and utilities in Unit 1 only

NOTIFICATION: Public hearing notices were sent to 33 property owners located inside the subdivision and within 200 feet. No responses have been received.

Page 1 of2 68

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

Yes City Plan/Council Pros: Prlorlty: Goal 1 A Evaluate proposed zone changes to 20{)6 C~ornprehensivs P!an maintain land use compatibility, as well as the integration of mixed land uses as a component of achieving better places to live. R-1A-6.6 is compatible with the future land use designation, approved plats, and adjacent development.

Goal 1 B Utilize existing land use inventory and official zoning district map to identify parcels that are legally developed with a use that is more or less intensive than the permitted uses in the zoning district in which they are located and consider proposed zone changes as appropriate. This area was identified as appropriate for consideration.

Goal SF Establish appropriate zoning for newly annexed areas compatible with adjacent areas. R-1 A-6.6 zoning is appropriate for the location and planned use of the property.

Cons: None

FISCAL IMPACT: N/A

STAFF RECOMMENDATION: Staff recommended approval of this request.

COMMISSION RECOMMENDATION: The Planning Commission held a public hearing on August 4, 2009, and recommended approval of the rezoning by a vote of 8-0-0.

ATTACHMENTS: 1 . Application 2. Zoning & Existing Land Use Map 3. Future Land Use Map 4. Aerial Map 5. Notification Map 6. Sec. 3.4-2, Chapter 144- R-1A-6.6 Single-family District 7. Excerpt from the minutes of the August 4, 2009 Planning Commission meeting.

U:\Pianning\CCagenda\ZoneChgs&SUP\White Wing zoning.doc

Page 2 of2 69 APPLICATION FOR __ ., City of ZONE CHANGE 424 S. CASTELL AVENUE ·:.-· Nevv Braunfels NEW BRAUNFELS TX 78130 J E-MAIL: [email protected] I ""' 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 furnished from owner(s) at the time submitted.

Name City of New Braunfels Mailing Address 424 S. Castell Ave. New Braunfels TX 78130 Telephone: 830-221-4050 Fax: Mobile:______Email: ______

2. Property Address/Location: __...:.W:..:·..:.K~Ie::;.:i:.:..n .-R:.;:d~. ------

3. Legal Description: Name of Subdivision: White Wing Subdivision Units 1 & 2

Lot(s): 135 8/ock(s):__ Acreage: _ ___,_4.:;0·::2:..:...18=-=a.:.:cr-=e=-s------

4. Existing Use of Property:___ ...:.V-=a=ca=n~t..______

5. Proposed Use of Property (attach additional or supporting information if necessary): ______

Single-family Residential Subdivision

Zoning Change Request: Current Zoning:__ _;..:A;..P.;;;;D ____ .Proposed Zoning__ :..:R"""·1:.:.A-=-·.:.6•:.:::6'----

For "POD Planned Development District", circle whether it is a CONCEPT PLAN or a DETAIL PLAN.

Reason for request (please explain in detail and attach additional pages if needed): ------ To apply appropriate zoning following annexation of the property. 7. ATTACHMENTS: 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.) X Map of property in relation to City limits/major roadways or surrounding area. If requesting a Special Use Permit, applicant must attach a development/site plan and construction schedule as described on page 2 of this application. If requesting a Planned Development (PD), applicant must provide development standards on the detail plan and/or provide the standards in a separate document as described in the Zoning Ordinance, Section 15A. Provide 14 copies of the 1 :200 for distribution with 4 copies of 1:200 and one legible 11 x17 of the revisions.

rsigned hereby requests rezoning of the above described property as indicated. /' ·~1lat Date

For Office Use Only

Fee Received By: ______.Amount Receipt No.:------7 .a Received: ______.Zoning signs issued: Date: U? /o 2 No. dv Cash/Check Number:------Case Number: pz OQ - 3b

AlTACHMENT 1 Q) en s:: ::::> 0 ""C .~> c.o . c ·-'C'c.o .c<( ro ::J"C'"' .....J t/)0:! "'o icc- ...... , Cl)n en ;::< ·- .s:: wX 3: ~

:o::;ro c (]) "'0 'ii) Cl) (]) Vl II) 0::: (]) :J ro u ~ ~· ro 'ii) cl "0 '2 (]) a. c :::d s:: (]) O"l U) (]) ro ,\ Ol ns E ro 0 ~, .!: c c co ',. c ...J E '(ij (]) 5: 0 0 ..... a. 0 "!= 3 .·.. tn (.) 0 .....1 N c 0 ~.QJ +i ;_:;z II) ·' ';( .r~ " ~0 w I &'!.·!d ATTACHMENT 2 s:: .2 .~ U) > 0 CD ·-"C•U) .c

en Q) E 0 I \1) "'0 CD >. Q) tn ...... !.... ~I ro :;j C:! 1!3 ::J "iii ·~ ...... c (.) ::J ;\ ...... E Q) Q) ro\ (.) "C .!!! I,;;, .• Q) :.:J s:: Cl E :;j B cu E c co :;j z-. ~ Ill ...J 0 0 " (/) 0 ...... J (.) 2 •: CD ~~ f, :.:.1 ) ...::s oz ~"·:·j ::s ir 1'1.9 {t:j u..- I ~~ ATTACHMENT 3 ~ );! 0 :I: :s: ~ Subject Property m z c:Jzoning -1

W'JN'~ · City ot ~ Map Created On '-'t,"'d New Braunfels White Wing Subdivision 7/23/09 ~~.:.;::;~ 1\ PO to R-1A-6.6 73

PLANNING COMMISSION - AUGUST 4, 2009 - 6:00PM

New Braunfels Municipal Building, Council Chambers

Applicant: City of New Braunfels

Address/Legal Description: White Wing Subdivision; 40.218 acres

Owner: 730 Development LP

REQUEST FOR REZONING - CASE #PZ09-36

The circled numbers on the map correspond to the property owners listed below. All information is from the Coma! Appraisal District Records. The property under consideration for zoning is marked as "SUBJECT".

1. 730 Development LP 2. Rodriguez, Fidel & Eleuteria 3. Mares, Angel & Ana 4. Perez, Martin & Gloria 5. Perez, Alfonso & Irma 6. Yeager, Richard & Alvis 7. Guillen, Martin and Adriana 8. Gonzalez, Mario and Emilia 9. Lagunas,JuanitoandYolanda 10. Sanchez, Carmen and Eloisa 11. Gonzalez, lsmael and Margie 12. O'Dell, Michele and Delores 13. Langbein, Shaun and Tiffany 14. Firmin, Donna 15. Hamlin, Michael and Michelle 16. Barker, Dorlinda and David 17. Storie, Ruben 18. Resendez, RogelioandKarlene 19. Mcintosh, Frances 20. Bacon, Bobby G. and Robert P. 21. Sedillo, Amy 22. Harrelson, Christopher 23. Aguirre, Ricky and Nelly 24. Franklin, Bobby 25. Kracht, Richard and Sheri 26. Adams, Kamara Lynne 27. Hambrick, Grace 28. Classified 29. Sanchez, Ruben 30. Continental Homes of S.A. 31. Calvary Baptist Church 32. City of New Braunfels 33. Unknown

SEE MAP ON REVERSE

ATTACHMENT 5 Notification Map

7_ n\7 A A Ana \ (7 - • ~ ~ 7 ;;;;:: ::;;

2854

257

)> """' )>"""' Legend 0 ::I: 3: 122:%/j Subject Property m z D 200' Notification Buffer """'en ,...,City of PZ09-36 Map Created On ~w New Braunfels White Wing Subdivision 7/16/09 4PD to R-1 A-6.6 75 CITY OF NEW BRAUNFELS- ZONING ORDINANCE

3.4-2. "R-tA-6.6" single-family district.

"R-tA" district. The district called "R-1 A" shall be renamed and shown on the zoning map as "R-1A-6.6".

(1) Uses permitted by right

(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.

(i) Height. 35 feet.

(ii) Front building setback. 25 feet.

ATTACHMENT 6 fO 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.

(iv) Rear building setback. 20 feet.

(v) Width of lot. The minimum width of an interior lot shall be 80 feet and the minimum width of a corner lot shall be 85 feet.

(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.

(i) Height. 35 feet.

(ii) Front building setback. 25 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.

(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. ((

DRAFT

EXCERPT FROM PLANNING COMMISSION MINUTES OF AUGUST 4, 2009

PUBLIC HEARINGS

Hold a public hearing and make a recommendation to City Council regarding Case #PZ09-36, the proposed rezoning of White Wing Subdivision, Units 1 and 2, consisting of approximately 40.218 acres, from "APD Agricultural/Pre-Development District" to "R-1A-6.6 Single Family District." (City of New Braunfels}

Ms. Mullins presented this City initiated request for zoning of White Wing Subdivision, which was annexed in 2007. She said plats for the subdivision, consisting of 1351ots on about 40 acres, were approved in 2006 but no houses have been built. Ms. Mullins pointed out the Future Land Use designation for the area is Low Density Residential. She added that 33 notices were sent to owners of the subject property and to property owners within 200 feet, no responses were received. Ms. Mullins said appropriate zoning will facilitate the issuance of building permits, and that staff recommended approval of the request.

Chair Casteel asked if there was anyone in the audience who wished to speak in favor of the zoning request. No one spoke.

Chair Casteel asked if there was anyone to speak in opposition to the zoning request.

Delores O'Dell, 381 W. Klein Road, said she owns a goat and sheep ranch on the adjacent property. She opposed a residential development next to her ranch, and stated too many houses are being built in small areas witouth parks or recreation facilities.

Dan Gordey, 177 W. Klein Road, requested confirmation that zoning was not required in 2006 when the subdivision was platted. Chair Casteel replied there was no zoning at that time because the land was outside the city lim its. Mr. Gordey asked how many houses would be built, and Ms. Mullins responded there were 135 lots.

Motion by Commissioner Seidel, seconded by Commissioner Vann, to close the public hearing. The motion carried unanimously (8-0-0).

Motion by Commissioner Bearden, seconded by Commissioner Elrod, that the proposed rezoning of White Wing Subdivision, Units 1 and 2, consisting of approximately 40.218 acres, be forwarded to City Council with a recommendation to approve. The motion carried unanimously (8-0-0).

ATTACHMENT 7 ru

ORDINANCE NO. 2009-

AN ORDINANCE REZONING WHITE WING SUBDIVISION UNITS 1 AND 2, CONSISTING OF 40.218 ACRES, FROM "APD AGRICULTURAUPRE-DEVELOPMENT DISTRICT" TO "R-1A· 6.6 SINGLE-FAMILY DISTRICT"; REPEALING ALL ORDINANCES IN CONFLICT; CONTAINING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE.

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 tracts of land from "APD Agricultural/Pre-Development Districf' to "R-1A-6.6 Single-Family District": "40.218 acres being the White Wing Subdivision Units 1 and 2, as delineated on Exhibit "A" attached."

SECTION2 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.

SECTION3 THAT all other ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent that they are in conflict.

1 {'.j

CITY OF NEW BRAUNFELS

R. BRUCE BOYER, Mayor

ATTEST:

MICHAEL A. RESENDEZ, City Secretary

APPROVED AS TO FORM:

ALAN C. WAYLAND, City Attorney

Z:\Ordinances\Zone Changes\White Wing.doc

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N~~ Braunfels City Council Agenda Item Report (J"--z ... ~ August24,2009

Agenda Item No. .5 ~ f Presenter/Contact - Shannon Mattingly, Planning Director (830) 221-4055 - smattingly@ nbtexas.org

SuBJECT: Public hearing and first reading of an ordinance amending Chapter 118, Platting, Sec. 118-40 (b), requiring digital plats upon submittal of an approved plat for recordation.

APPLICANT: City of New Braunfels.

BACKGROUND/RATIONALE: Section 118-40, Recordation, of the City's Platting, or Subdivision Ordinance, outlines the procedure and documents required by the City to record an approved plat. Currently, an applicant is required to provide the city with a recorded mylar copy, sufficient paper copies (usually 14) and a digital copy of the plat after a plat is recorded. The plat in digital form is forwarded to Comal and Guadalupe Appraisal Districts, who update the parcel data on a regular basis. This data is the base information used by GIS departments in many governmental agencies, including the City and NBU, and it is critical that the data be as up to date as possible. It has been noted however, that some applicants are not providing the required digital copy, despite numerous requests by staff.

Staff recommends amending the Platting Ordinance to require the digital plat to be submitted at the same time the mylar is being presented for signature, along with the recording fee and paid tax certificates. The plat would not be recorded until the digital copy is submitted.

Notification: Public hearing notices were sent to surveyors and engineers regularly doing business with the City on July 23, 2009. Notice of the public hearing was published in the Herald Zeitung on July 19, 2009 and August 9, 2009.

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

FISCAL IMPACT: N/A

Page 1 of2 STAFF RECOMMENDATION: Staff recommends approval.

COMMISSION RECOMMENDATION: The Planning Commission held a public hearing on August 4, 2009, and recommended approval by a vote of 8-0-0.

ATTACHMENTS: 1) Proposed Section 118-40 (b). Additions are underlined and deletions are struck out. 2) Excerpt from August 4, 2009, Planning Commission meeting minutes.

U:\Pianning\CCagenda\Ordinance Amendments\Piatting Ord Ch 118-40 (b) digital plat.doc

Page 2 of2 tKl

CHAPTER 118 PLATTING

PROPOSED AMENDMENT

Sec. 118-40. Recordation. b. In addition to the performance required under subsection (a) of this Section the applicant shall provide as appropriate the following:

1. A check or checks payable to the county clerk in the amount of the recordation fee for filing the final plat.

2. A tax certificate from the City, county and school district showing that no taxes are currently due or delinquent against the property.

3. A digital copy of the final plat in a format acceptable to the Planning Director.

&.- 4. The applicant shall provide dedication of all streets, alleys, parks, easements and other land intended for public use, signed by the owner or owners and by all other persons owning an interest in the property subdivided and platted, which shall be acknowledged in the manner prescribed by the laws of the state for conveyance of real property, and which shall be submitted and attached to or placed in the final plat in accordance with the provisions in this Chapter.

4. 5. The Planning Director shall cause such plat to be filed with the county clerk upon compliance with this Chapter. After filing of the plat, the applicant shall provide the City with a mylar copy and sufficient paper copies as determined by the Planning Director, and a digital copy of the final plat in a format acceptable to the Planning Director. uu

DRAFT

EXCERPT FROM PLANNING COMMISSION MINUTES OF AUGUST 4, 2009

PUBLIC HEARINGS

Hold a public hearing and make a recommendation to City Council regarding an amendment to Chapter 118, Platting, Sec. 118-40(b), requiring digital plats upon submittal of an approved plat for recordation. (City of New Braunfels)

Ms. Mattingly explained that as the ordinance is currently written, digital plats are not required until after the plat is recorded. She stated digital information is needed to update our mapping system, but sometimes it is not provided. This change will require digital files when a plat is submitted for recordation, and the plat will not be recorded until digital information is received.

Commissioner Myrick asked whether a professional seal is required on digital plats. Ms. Mattingly replied that the recorded plats are sealed but the digitals are not required to be.

Chair Casteel asked if there was anyone in the audience who wished to speak in favor of the amendment. No one spoke.

Chair Casteel asked if there was anyone in the audience who wished to speak in opposition to the amendment. No one spoke.

Motion by Commissioner Seidel, seconded by Commissioner Massouh to close the public hearing. The motion carried unanimously. (8-0-0)

Motion by Commissioner Elrod, seconded by Commissioner Kossick, that the proposed amendment to Chapter 118, Platting, Sec. 118-40(b), requiring digital plats upon submittal of an approved plat for recordation, be forwarded to City Council with a recommendation to approve. The motion carried unanimously (8-0-0). 0(

ORDINANCE NO. 2009-

AN ORDINANCE AMENDING SECTION 118-40 (b), RECORDATION, CHAPTER 118, PLATTING, NEW BRAUNFELS CODE OF ORDINANCES; REPEALING ALL ORDINANCES IN CONFLICT; CONTAINING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE

WHEREAS, the City Council of the City of New Braunfels, Texas, finds it necessary to establish rules and regulations governing the orderly, efficient and environmentally sound development of land; and WHEREAS, City Council adopted a new Chapter 118, Platting, effective September 27, 2006; and WHEREAS, usage of the Platting Ordinance has identified certain sections that require corrections, adjustments, and additions; and WHEREAS, the Planning Commission held a public hearing on August 4, 2009, and made a recommendation concerning this regulation; and WHEREAS, City Council finds that amending Chapter 118, Section 118-40 (b), is in the best interest of the citizens of New Braunfels.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS:

SECTION 1 THAT, Section 118-40 (b) is hereby amended as follows:

Sec. 118-40. Recordation. b. In addition to the performance required under subsection (a) of this Section the applicant shall provide as appropriate the following:

1. A check or checks payable to the county clerk in the amount of the recordation fee for filing the final plat.

2. A tax certificate from the City, county and school district showing that no taxes are currently due or delinquent against the property.

3. A digital copy of the final plat in a format acceptable to the Planning Director.

4. The applicant shall provide dedication of all streets, alleys, parks, easements and other land intended for public use, signed by the owner or owners and by all other persons owning an interest in the property subdivided and platted, which shall be acknowledged in the manner prescribed by the laws of the state for conveyance of real property, and which shall be submitted and attached to or placed in the final plat in accordance with the provisions in this Chapter.

5. The Planning Director shall cause such plat to be filed with the county clerk upon compliance with this Chapter. After filing of the plat, the applicant shall provide the City with a mylar copy and sufficient paper copies as determined by the Planning Director.

SECTION2 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. Page 1 uu

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. SECTIONS THIS ordinance will take effect on second and final reading. PASSED AND APPROVED: First Reading this the 24th day of August, 2009. PASSED AND APPROVED: Second and Final Reading this the 14th day of September, 2009.

CITY OF NEW BRAUNFELS

R. BRUCE BOYER, Mayor

ATTEST:

MICHAEL A. RESENDEZ, City Secretary

APPROVED AS TO FORM:

ALAN C. WAYLAND, City Attorney

U:\Pianning\Ordinances\Subdivision Ordinance\Sec. 118-40 (b).ord.doc

Page2 ~,Cityof ~~New Braunfels City Council Agenda Item Report August 24, 2009 Agenda Item No. 6 (A - C) Presenter/Contact - Alan C. Wayland

SUBJECT: EXECUTIVE SESSIONS

(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)

(B) Deliberate issues regarding economic development negotiations in accordance with Section 551.087, of the Texas Government Code. (A. Wayland, City Attorney)

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.

8ACKGROUND/RATIONALE: N/A

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

/ City Plan/Council Prim·ity:

FISCAL IMPACT: N/A

BOARD/COMMISSION RECOMMENDATION: N/A

STAFF RECOMMENDATION: N/A