CITY OF NEW BRAUNFELS, TEXAS REGULAR CITY COUNCIL MEETING

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1 ~.,,City of ~U New Braunfels CITY OF NEW BRAUNFELS, TEXAS REGULAR CITY COUNCIL MEETING CITY HALL -COUNCIL CHAMBERS 424 S. CASTELL AVENUE MONDAY, NOVEMBER 22,2010 at 6:00P.M. R. Bruce Boyer, Mayor Richard Zapata, Councilmember (District 1 Mark Goodner, Councilmember (District 2 Mike Ybarra, Councilmember (District 3 Sandy Nolte, Councilmember (District 4 Kathleen Krueger, Mayor Pro Tern (District 5 Steven Digges, Councilmember (District 6 Michael Morrison, City Manager MISSION STATEMENT The City of New Braunfels will add value to our community by planning for the future, providing quality services, encouraging Community involvement and being responsive to those we serve. CALL TO ORDER: CALL OF ROLL: NOVEMBER 22,2010@ 6:00P.M. City Secretary PLEDGE OF ALLEGIANCE/SALUTE TO THE TEXAS FLAG INVOCATION: PROCLAMATIONS: Mayor Pro Tern Kathleen Krueger 100th Year Celebration of the Jahn Building Page 1 Wassailfest Day Page 3 PRESENTATIONS: Presentation on the Federal Emergency Management Agency, National Flood Insurance Program, Community Rating System Pages 5-16 REQUEST ALL PAGERS AND PHONES BE TURNED OFF, EXCEPT EMERGENCY ON CALL PERSONNEL. 1. MINUTES Consider approving the minutes of the special & regular meetings of November 8, (A. Smith, Interim City Secretary Pages CITIZENS' COMMUNICATIONS This time is for citizens to address the City Council on issues and items of concern, not on this agenda. There will be no City Council action at this time.

2 3. CONSENT AGENDA City Council Agenda November 22, 2010 Page 2 of 5 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. Resolutions & Action Items (A (B (C (D (E (F (G (H Approval of the FY Budget for Reinvestment Zone Number One, City of New Braunfels, Texas. (D. Korinchock, Support Services Director Pages Approval of a resolution authorizing the City Manager to execute an agreement with the Texas Department of Transportation for the temporary closure of SH 46 Business (Seguin Avenue, East and West San Antonio Street, and North and South Castell for the 2010 Wassailfest Celebration which will be held on December 2, 2010 from 6 p.m. to 9 p.m. and requires street closures from 5 p.m. to 12 a.m. (R. Kunkel, Recreation Mgr Pages Approval of the City of New Braunfels FY fourth quarter investment report. (D. Korinchock, Support Services Director Pages Approval of the purchase of uniforms for the Fire Department form GK Services through the BuyBoard contract. (M. Quinones, Purchasing Manager/J. Robinson, Fire Chief Page 53 Approval to cancel the December 27, 2010 regular City Council meeting. (A. Smith, Interim City Secretary Page 55 Authorization for the City Manager to approve change order 3 to the contract with DNT Construction, LLC for construction services on Goodwin Lane as part of the Goodwin Lane Improvements Project. (J. Klein, City Engineer Pages Approval of the purchase of services for the Fire Department from Frazer Ltd through the Houston Galveston Area Council (HGAC contract for remounting two ambulances. (M. Quinones, Purchasing Manager/J. Robinson, Fire Chief Page 59 Approval of the purchase of Firefighter bunker gear from Dooley Tackaberry through the Buyboard Cooperative. (M. Quinones, Purchasing Manager/J. Robinson, Fire Chief Page 61

3 City Council Agenda November 22, 2010 Page 3 of 5 (I Approval of the purchase of services for the New Braunfels Police Department from Lower Colorado River Authority (LCRA. (T. Wibert, Chief of Police! M. Quinones, Purchasing Manager Page 63 Ordinances (In accordance with Section 3.10 of the City's Charter, a descriptive caption of each ordinance shall be read on two separate days. (J (K (L Approval of the final reading of an Ordinance granting to Centerpoint Energy Resources Corp., DBA Centerpoint Energy Texas Gas Operations, the right, privilege and franchise to construct, install, extend, remove, replace, abandon, operate and maintain its facilities with the public rights-of-way of the City of New Braunfels, Texas for the transportation, delivery, sale, and distribution of natural gas; containing other provisions relating to the foregoing subject; providing for severability and providing an effective date. (A. Wayland, City Attorney Pages Approval of the second and final reading of an ordinance granting a Special Use Permit for acres out the A.M. Esnaurizar Survey, located on SH 46 South, adjagent to Stone Gate Subdivision, to allow a maximum density of 16 units per acre in an "R-3L" Multifamily Low Density District. (S. Mattingly, Planning and Community Development Director Pages Approval of the second and final reading of an ordinance rezoning Oak Run Subdivision, from "R-3" Multi-Family District, "C-1" Local Business District, and "C-3" General Business District to "R-1A-6.6" Single Family District. (S. Mattingly, Planning and Community Development Director Pages (M Approval of the second and final reading of an ordinance rezoning portions of the 500 and 700 blocks of Hill Avenue, from "M-1" Light Industrial District to "SND-1" Special Neighborhood District. (S. Mattingly, Planning and Community Development Director Pages (N Approval of the second and final reading of an ordinance by the City Council of the City of New Braunfels, Texas enlarging the boundaries of Reinvestment Zone Number One, City of New Braunfels, Texas; amending the project plan and finance plan for the zone to reflect the increased boundaries; consenting to the amendment of an interlocal cooperative agreement between the City of New Braunfels, Texas and the New Braunfels Industrial Development Corporation to reflect the increased boundaries of the zone; and other matters in connection therewith. (M. Morrison, City Manager Pages

4 City Council Agenda November 22, 2010 Page 4 of 5 (0 Approval of the second and final reading of an ordinance amending Ordinance Number to approve the installation of stop signs on Kuehler Avenue at the entrance to Camp Coma I and on Mission Hills Drive at Evergreen Lane. ( J. Klein, City Engineer Pages INDIVIDUAL ITEMS FOR CONSIDERATION (A (B (C (D (E (F Presentation, discussion, and possible action regarding a siren warning system to help address early notification during flash flood events. (J. Robinson, Fire Chief Page 185 Discuss and consider approval of a resolution relating to establishing the City's intention to reimburse itself for the prior lawful expenditure of funds from the proceeds of obligations to be issued by the City for authorized purposes; authorizing matters incident and related thereto; and providing an effective date. (D. Korinchock, Support Service Director Pages Presentation and consideration of approval of the City of New Braunfels Historic Cemetery Preservation Plan. (Stacey Laird Dicke, Parks and Recreation Director Pages Public Hearing and consideration of the first reading of an ordinance rezoning acres located on the west side of Oak Run Parkway, approximately 2,000 feet north of Loop 337, from "R-1A-8" Single Family District to "Enclave at Westpointe Village Planned Development District" with Concept Plan. (S. Mattingly, Planning and Community Development Director Pages Public hearing and consideration of the first reading of an ordinance granting a Special Use Permit to allow a mixed-use development consisting of commercial, multi-family and single-family residential in the "R-1" Single Family and "R-2" Single and Two-Family Districts, on acres located in the 1600 block of FM 1044, on the west side of FM 1044 approximately 250 feet south of IH-35. (S. Mattingly, Planning and Community Development Director Pages This item has been withdrawn by the applicant Discuss and consider approval of a Resolution to support the Historic Civil Engineering Landmark designation of the Faust Street Bridge. (S. Mattingly, Planning and Community Development Director Pages

5 5. EXECUTIVE SESSIONS City Council Agenda November 22, 2010 Page 5 of 5 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 (B (C Deliberate and consider the purchase, exchange, lease or value of real property, in accordance with Section , of the Texas Government Code. (A. Wayland, City Attorney Page 271 Deliberate issues regarding economic development negotiations in accordance with Section , of the Texas Government Code. (A. Wayland, City Attorney Page 271 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 , of the Texas Government Code. (A. Wayland, City Attorney Page 271 NOTE: The City Council reserves the right to retire into executive session concerning any of the items listed on this Agenda whenever it is considered necessary and legally justified under the Open Meetings Act (Chapter 551 of the Texas Government Code. ADJOURNMENT CERTIFICATION I hereby certify the above Notice of Meeting was posted on the Bulletin Board at the New Braunfels Municipal Building on r 12,2010 at4:00 p.m.

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7 1 C!Citp of j}lew liraunfels Proclatnation THE STATE OF TEXAS COUNTY OF COMAL CITY OF NEW BRAUNFELS WHEREAS, the Goals of the City Comprehensive Plan are to maintain an attractive and lively downtown area that creates a deep sense of community and increase historic preservation efforts in New Braunfels, and to continue to improve the level of knowledge regarding historic preservation; and WHEREAS, Johann Michael Jahn was a founding father, a "Tischlermeister," (master cabinet maker, and established the Jahn Furniture Company; and WHEREAS, Carl Jahn, son of Johann, continued the family furniture business and had the brick building at 494 South Seguin Avenue constructed in 1910; and WHEREAS, the Jahn Building was designated as a local historic landmark on January 28, NOW, THEREFORE, I, R. BRUCE BOYER, Mayor of the City of New Braunfels, Texas, do hereby proclaim December 2nd as the. "100 1 H BIRTHDAY OF THE JAHN BUILDING" FURTHERMORE, I ask all of our citizens to join me in paying tribute to this special building by attending an open house on Thursday, December 2, between the hours of 3 p.m. to 6p.m. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of New Braunfels to be affixed this the 22"d of November, CITY OF NEW BRAUNFELS, TEXAS BY:~=---~--~~ R. Bruce Boyer, Mayor

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9 3 City of!new (]3raunjefs Proclatnation THE STATE OF TEXAS COUNTY OF COMAL CITY OF NEW BRAUNFELS WHEREAS, Wassailfest, which began in 1992, as a festival, to capture the small town holiday spirit of New Braunfels, will be held in downtown New Braunfels on Thursday, December 2, 2010, from 6:00p.m. to 9:00p.m. continuing a rich tradition of hospitality; and WHEREAS, each year downtown New Braunfels~ merchants and community groups open their doors offering wassail to drink, special treats to eat and lots of holiday cheer; and WHEREAS, holiday lights and decorations in downtown and on the Plaza transform the area into a holiday wonderland; the centuries-old Christmas Carol "Here We Go A-Wassailing" takes on new and special meaning in this beautiful setting; the community is welcomed to sample a wide variety of wassail, a drink whose very name means... "To Your Health"; and WHEREAS, approximately 55 Wassail Stops and Open Houses prepare enough wassail to serve thousands of revelers; with awards for the best wassail being presented based on the People's Choice, and three "Wassaii-Meisters" selections; and WHEREAS, entertainment is located throughout the historic downtown district With talented musical and dancing groups and activities featuring children from our community showcasing their talents during the event. NOW, THEREFORE, I, R. BRUCE BOYER, Mayor of the City of New Braunfels, Texas, do hereby proclaim, Thursday, December 2, 2010, as "WASSAILFEST DAY" In New Braunfels and urge all citizens to participate in and enjoy the activities planned for the occasion, and extend our appreciation to all who have worked so hard to make this festival one of the highlights of the New Braunfels' holiday season. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of New Braunfels to be affixed this 22"d day of November, CITY OF NEW BRAUNFELS, TEXAS R. BRUCE BOYER, MAYOR

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11 tj. Cityof : New Braunfels ""~ City Council Agenda Item Report NOVEMBER 22, Agenda Item No. N/11 Presenter I Contact- Robert Kinsey, Building Official ( rkinsey@nbtexas.org 5 SUBJECT: Presentation on the Federal Emergency Management Agency, National Flood Insurance Program, Community Rating System..,,",... BACKGROUND/RATIONALE: Every year flooding causes hundreds of millions of dollars' worth of damage to homes and businesses around the country. Standard homeowners and commercial property policies do not cover flood losses. So, to meet the need for this vital coverage, the Federal Emergency Management Agency (FEMA administers the National Flood Insurance Program (NFIP. The NFIP offers reasonably priced flood insurance in communities that comply with minimuni standards for floodplain management. The NFIP's Community Rating System (CRS recognizes community efforts beyond those minimum standards by reducing flood insurance premiums for the community's property owners. The CRS is similar to - but separate from - the private insurance industry's programs that grade communities on the effectiveness of their fire suppression and building code enforcement. CRS discounts on flood insurance premiums range from 5% up to 45%. Those discounts provide an incentive for new flood protection activities that can help save lives and property in the event of a flood. To participate in the CRS, the City can choose to undertake some or all of the 18 public information and floodplain management activities described in the CRS Coordinator's Manual. The CRS assigns credit points for each activity. To be eligible for a CRS discount, the City must do Activity 310, Elevation Certificates. City's that are designated a repetitive loss community, must also do Activity 510, Floodplain Management Planning. All other activities are optional. Based on the total number of points the City earns, the CRS assigns you to one of ten classes. Your discount on flood insurance premiums is based on your class. For example, if the City earns 4,500 points or more, it qualifies for Class 1, and property owners in the floodplain get a 45% discount. If the City earns as little as 500 points, it's in Class 9, and property owners in the floodplain get a 5% discount. If the City does not apply or fails to receive at least 500 points, it's in Class 10, then property owners get no discount. The City has applied to participate in the CRS program and staff anticipates that we will be accepted in to the program by May 1st The City's class rating is expected to be a 7 and possibly could go as low as 6. We still have some documentation that FEMA needs and staff is working towards completing all of this documentation. This documentation may assist us in attaining a class 6, but that will be determined upon the final review by FEMA. There are approximately 20,000 communities nationwide participating in NFIP, only 1,199 communities in the nation are participating in the CRS. In Texas, there are 53 participating communities in the CRS. The majority (83% of the communities have a Class 7, 8, 9, or % fall under a Class 7. Only 6% have a rating of five or better. Page 1 of2

12 6 ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: Yes Comprehensive Goal 33: Protect citizens and existing and future Plan: development from flood damage. FISCAL IMPACT: The fiscal impact depends on what activities the City chooses to meet. STAFF RECOMMENDATION: N/A BOARD/COMMISSION RECOMMENDATION: N/A U:\Pianning\Fiood Ordinance and presentation\crs staff report.docx Page 2 of2

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14 8 Every year, flooding causes hundreds of millions of dollars' worth of damage to homes and businesses around the country. Standard homeowners and commercial property policies do not cover flood losses. So, to meet the need for this vital coverage, the Federal Emergency Management Agency (FEMA administers the National Flood Insurance Program (NFIP. The NFIP offers reasonably priced flood insurance in communities that comply with minimum standards for floodplain management. The NFIP's Community Rating System (CRS recognizes community efforts beyond those minimum standards by reducing flood insurance premiums for the community's property owners. The CRS is similar to- but separate from- the private insurance industry's programs that grade communities on the effectiveness of their fire suppression and building code enforcement. CRS discounts on flood insurance premiums range from 5% up to 45%. Those discounts provide an incentive for new flood protection activities that can help save lives and property in the event of a flood. To participate in the CRS, your community can choose to undertake some or all of the 18 public information,and floodplain management activities described in the CRS Coordinator's Manual. You're probably already doing many of these activities. To get credit, community officials will need to prepare an application documenting the efforts. The CRS assigns credit points for each activity. Table 2 lists the activities and the possible number of credit points for each one. The table also shows the average number of credit points communities earn for each activity. These averages may give a better indication than the maximums of what your community can expect. To be eligible for a CRS discount, your community must do Activity 310, Elevation Certificates. If you're a designated repetitive loss community, you must also do Activity 510,

15 9 Floodplain Management Planning. All other activities are optional. Based on the total number of points your community earns, the CRS assigns you to one of ten classes. Your discount on flood insurance premiums is based on your class. in the floodplain get a 45% discount. If your community earns as little as 500 points, it's in Class 9, and property owners in the floodplain get a 5% discount. If a community does not apply or fails to receive at least 500 points, it's in Class 10, and property owners get no discount. For example, if your community earns 4,500 points or more, it qualifies for Class 1, and property owners Table 1: Table 1, below, shows the number of points required for each class and th~ corresponding discount. How much discount property owners in your community can get Discount Rate Class SFHA* Non-SFHA"'"', credit Points Required 1 45% 10% 4, % 10% 4,000-4, % 10% 3,500-3, % 10% 3,000-3, % 10% 2,500-2, % 10% 2,000-2, % 5% 1,500-1, % 5% 1,000-1, "'!0 5% "' /0 0% * Special Flood Hazard Area **Preferred Risk Policies are available only in B,C, and X Zones for properties that are shown to have a minimal risk of flood damage. The Preferred Risk Policy does not receive premium rate credits under the CRS because It already has a lower premium than other policies. Although they are In SFHAs, Zones AR and A99 are limited to a 5% discount. Premium reductions are subject to change.

16 10 ' Table 2: What You Can Do to Get Credit The CRS grants credit for 18 different activities that fall into four series: Series Public Information Maximum Average 300 Points* Points* This series credits programs that advise people about the flood hazard, flood insurance, and ways to reduce flood damage. The activities also provide data that insurance agents need for accurate flood insurance rating. 310 Elevation Certificates Maintain FEMA elevation certificates for new construction in the floodplain. (At a minimum, a community must maintain certificates for buildings built after the date of its CRS application. 320 Map Information Service Provide Flood Insurance Rate Map (FIRM information to people who inquire, and publicize this service. 330 Outreach Projects Send information about the flood hazard, flood insurance, flood protection measures, and/or the natural and beneficial functions of floodplains to flood-prone residents or all residents of a community. 340 Hazard Disclosure Real estate agents advise potential purchasers of flood-prone property about the flood hazard. Regulations require notice of the hazard. 350 Flood Protection Information The public library and/or community's website maintains references on flood insurance and flood protection. 360 Flood Protection Assistance Give inquiring property owners technical advice on how to protect their buildings from flooding, and publicize this service. Series 300 Total *Maximum and average points are subject to change. See the current CRS Coordinators Manual for the latest information.

17 11 Series Mapping and Regulations Maxhnum Av(trage 400 Points Points This series credits programs that provide increased protection to new development. 410 Additional Flood Data 1, Develop new flood elevations, floodway delineations, wave heights, or other regulatory flood hazard data for an area not mapped in detail by the flood insurance study. Have a more restrictive mapping standard. 420 Open Space Preservation Guarantee that currently vacant floodplain parcels will be kept free from development. 430 Higher Regulatory Standards 2, Require freeboard. Require soil tests or engineered foundations. Require compensatory storage. Zone the floodplain for minimum lot sizes of 1 acre or larger. Require coastal construction standards in AE Zones. Have regulations tailored to protect critical facilities or areas subject to special flood hazards (for example, alluvial fans, ice jams, subsidence, or coastal erosion. 440 Flood Data Maintenance Keep flood and property data on computer records. Use better base maps. Maintain elevation reference marks. 450 Stormwater Management Regulate new development throughout the watershed to ensure that post-development runoff is no worse than pre-development runoff. Regulate new construction to minimize soil erosion and protect or improve water quality. Series 400 Total 5,

18 12 Series Flood Damage Reduction.Maximum Average 500 Points Points This series credits programs that reduce the flood risk to existing development. 510 Floodplain Management Planning Prepare, adopt, implement, and update a comprehensive flood hazard mitigation plan using a standard planning process. (This is a minimum requirement for all repetitive loss communities. 520 Acquisition and Relocation 3, Acquire and/or relocate flood-prone buildings so that they are out of the floodplain. 530 Flood Protection 2, (Protection of existing floodplain development by floodproofing, elevation, or minor structural projects. 540 Drainage System Maintenance Conduct periodic inspections of all channels and retention basins, and remove debris as needed. Series 500 Total 6, '

19 13 Series Flood Preparedness Maximum Average 600 Points Points This series credits flood warning, levee safety, and dam safety projects. 610 Flood Warning Program Provide early flood warnings to the public, and have a detailed flood response plan keyed to flood crest predictions. 620 Levee Safety Maintain existing levees not otherwise credited in the flood insurance rating system that provide some flood protection. 630 Dam Safety (All communities in a state with an approved dam safety program receive some credit. Series 600 Total 1, All Series Total 14,850 2,023

20 14 Your community can get extra credit points - in addition to the points listed in the table- if you coordinate your activities through a comprehensive floodplain management plan. Also, if your community faces growth pressures, the mapping and regulation activities in Series 400 receive extra credit. See the CRS Coordinator's Manual for full details. Many communities can qualify for what the CRS calls "uniform minimum credit," based on the activities a state or regional agency implements on behalf of its communities. For example, some states have disclosure laws eligible for credit under activity 340, Flood Hazard Disclosure. Any community in those states can receive the uniform minimum credit. Your community may want to consider floodplain management activities not listed in the CRS Coordinator's Manual. You should evaluate these activities for their ability to increase public safety, reduce property damage, avoid economic disruption and loss, and protect the environment. In addition, you can request a review of these activities to determine whether they should be eligible for CRS credit. FEMA welcomes innovative ways to prevent or reduce flood damage.

21 15 Participation in the CRS is voluntary. If your community is in full compliance with the rules and regulations of the NFIP, you may apply. There's no application fee, and all CRS publications are free. Your community's chief executive officer (that is, your mayor, city manager, or other top official must appoint a CRS coordinator to handle the application work and serve as the liaison between the community and FEMA. The coordinator should know the operations of all departments that deal with floodplain management and public information. And the coordinator should be able to speak for the community's chief executive officer. The first step in the application process is to get a copy of the CRS Application, which contains all the instructions and procedures you need for preparing and submitting your community's initial application for a CRS classification. The CRS Application includes easy-to-follow worksheets that provide credits for applicable activities. The CRS Application also identifies the documentation you must submit to support the credits you are requesting. You may also want to order a copy of the CRS Coordinator's Manual, which describes the program in full and provides specific information, including eligible activities, required documentation, and resources for assistance. Your designated CRS coordinator should fill out and submit your application. Help is also available through the contact information below. The CRS will verify the information and arrange for flood insurance premium discounts. To order CRS publications at no charge, fax the order form on the following page to , or mail to the address below. You can also your request to nfipcrs@ iso.com. Both the CRS Application and the CRS Coordinator's Manual are also available at FEMA's CRS Resource Center website - For more info, write, phone, or fax: NFIP/CRS P.O. Box Indianapolis, IN Telephone: Fax: nfipcrs@iso.com

22 0'r.(ler> Fo:rm Fax to: Please send me these CRS publications: No. of Copies Document CRS Coordinator's Manual CRS Application 1-" O"l Name Phone Title Street City State ZIP Community Name (if applicable NFIP Number (if applicable '~ ~ ~~/

23 17 MINUTES SPECIAL CITY COUNCIL MEETING NOVEMBER 8, 2010 The City Council of the City of New Braunfels, Texas, met in Special Session on November 8, City Councilmembers present were: Mayor Bruce Boyer, presiding; Mayor Pro-tem Kathleen Krueger, and Councilmembers Mark Goodner, Richard Zapata, Sandy Nolte, and Steven Digges. City Staff present were: City Manager Michael E. Morrison, Assistant City Manager Robert Camarena, City Attorney Alan C. Wayland, Interim City Secretary Ann Smith, and Airport Director Lenny Llerena. The meeting was called to order by Mayor Boyer in the New Braunfels Municipal Building Council Chambers at 5:30 p.m. Councilmember Mike Ybarra was absent. 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 , of the Texas Government Code: Mayor Boyer read the above and foregoing captions at 5:30p.m. and noted that City Council would retire into executive session to discuss matters related to the above noted caption. City Council reconvened into public/open session at 6:10 p.m., with no action being taken. Adjournment: This Special meeting adjourned at 6:10p.m. Date Approved: November 22, 2010 Attest: By: R. BRUCE BOYER, MAYOR ANN SMITH INTERIM CITY SECRETARY November 8, 2010 New Braunfels Special City Council Meeting 1

24 18 MINUTES REGULAR CITY COUNCIL MEETING NOVEMBER 8, 2010 The City Council of the City of New Braunfels, Texas, met in Regular Session on November 8, City Councilmembers present were: Mayor Bruce Boyer, presiding; Mayor Pro Tern Kathleen Krueger, and Councilmembers Richard Zapata, Mark Goodner, Steven Digges, and Sandy Nolte. Councilmember Mike Ybarra was absent. City Staff present was: City Manager Michael E. Morrison, City Attorney Alan Wayland, Interim City Secretary Ann Smith, Planning and Community Development Director Shannon Mattingly, Parks and Recreation Director Stacey Laird Dicke, Support Services Director Debi Korinchock, City Engineer Jim Klein, Fire Chief John Robinson, Human Resources DireCtor Julie O'Connell, Library Director Gretchen Pruett, Watershed Program Manager Nathan Pence, Airport Director Lenny Llerena, and Public Works Director Steven Ramsey. The meeting was called to order by Mayor Boyer in the New Braunfels Municipal Building City Council Chambers at 6:13 p.m. Mayor Boyer led the Pledge of Allegiance and the Salute to the Texas Flag and Councilmember Nolte gave the invocation. Proclamation Mayor Boyer read and presented proclamations for National Hospice Month and Veteran's Day. Special Presentation: Thomas V. Wibert. Swearing In/Oath of Office Ceremony for Chief-of-Police Mayor Boyer introduced newly appointed Chief-of-Police Thomas V. Wibert and his family. Mayor Boyer administered the Oath of Office to Chief Wibert. Minutes Consider approving the minutes of the Special Meetings of October 25, 2010 and the Regular Meeting of October 25, Councilmember Digges moved to approve the minutes as written. Councilmember Nolte seconded the motion which was unanimously approved by City Council. Citizens' Communications Jesus Elias, owner of Tony's Taxi Service, expressed his concerns on several areas governing taxicab operations within the City of New Braunfels. November 8, 2010 New Braunfels Regular City Council Meeting

25 19 Consent Agenda Mayor Boyer read Consent Agenda items (A-1 as listed below. Mayor Boyer read Consent Agenda items (A-1 as listed below. Councilmember Digges requested that Item 3F be pulled for discussion. Councilmember Digges moved to approve the Consent Agenda with the exception of Item 3F. Councilmember Goodner seconded the motion. Vote was unanimous. (A (B (C Authorization for the City Manager to approve change order 2 to the contract with DNT Construction, LLC for construction services on Goodwin Lane as a part of the Goodwin Lane Improvements Project. Approval of the Water and Wastewater Impact Fee Advisory Committee's recommendation concerning the semiannual water and wastewater impact fees report for the period of December 31, 2009 through June 30, Approval of a contract with Alpha Building Corporation for the restroom renovation project at the Public Library and establishment of the FY Budget for the Sissel Trust Fund. (D Approval of the purchase of commercial refuse containers for the Solid Waste Division from Wastequip through the Houston Galveston Area Council (HGAC contract. (E Approval of the Community Development Block Grant ("CDBG'? Program Year 2011 One Year Action Plan. (G Approval of a resolution recommended by the New Braunfels Industrial Development Corporation regarding funding of renovations to Hangar 2317 at the New Braunfels Municipal Airport in the amount of $169, 101. RESOLUTION NO. 201 O-R54 (H Approval of a resolution approving a boundary agreement between the City of New Braunfels, City of Schertz, Dennis and Jeannine Engel, and David and Monika Engel. RESOLUTION NO. 201 O-R55 Ordinances (In accordance with Section 3.10 of the City's Charter, a descriptive caption of each ordinance shall be read on two separate days. (/ Approval of the first reading of an ordinance amending Ordinance Number to approve the installation of stop signs on Kuehler Avenue at the entrance to Camp Coma/ and on Mission Hills Drive at Evergreen Lane. November 8, 2010 New Braunfels Regular City Council Meeting 2

26 20 (F Approval of a recommendation to deny the request by the New Braunfels Family YMCA for a crosswalk on Landa Street. Councilmember Digges asked the engineering department for the reasons for their recommendation to deny the request for a crosswalk on Landa Street. City Engineer Jim Klein explained the possible dangers of a crosswalk in the middle of a busy street rather than crossing at the regular street intersection. Councilmember Digges moved to deny the request. Mayor Pro Tern Krueger seconded the motion. Vote was unanimous for the denial. 4. INDIVIDUAL ITEMS FOR CONSIDERATION Due to the interest of time, Mayor Boyer moved several of the individual items out of sequence. Discuss and consider the first reading of an ordinance amending Chapter 86, Section 86-2, 86-9, 86-91, 86-95, 86-96, 86-97, and of the Code of Ordinances of the City of New Braunfels, Texas regarding park usage fees. Parks and Recreation Director Stacey Laird Dicke presented recommendations from the Staff, Parks and Recreation Advisory Board, and Golf Advisory Board for various fee increases to include: Picnic rental fees Landa Haus fees Golf Course daily, cart, and annual pass fees Landa Lake Gazebo and Dance Slab fees Landa Recreation Fees After discussion of the various fee increases, the City Council requested that Staff revise the proposed fees to provide for a gradual scale on picnic, gazebo, dance slab, Landa Haus and Landa Recreation. Councilmember Digges moved to approve the first reading, with changing to a gradual scale on the parks usage fees. Councilmember Goodner seconded the motion. Motion carried 5-1, with Councilmember Zapata opposing. (B Discuss and consider approval of a resolution adopting the 2010 Parks, Recreation, and Open Space Strategic Plan. Parks and Recreation Director Stacey Laird noted that by adopting the 2010 Parks, Recreation, and Open Space Strategic Plan, it would provide a "roadmap" for setting priorities for 5-10 years. By adopting the Plan, the City of New Braunfels will be able to submit the plan to the Texas Parks and Wildlife Department for consideration and eligibility for future grants. November 8, 2010 New Braunfels Regular City Council Meeting 3

27 21 Councilmember Digges moved to approve the resolution. Councilmember Zapata seconded the motion. Vote was unanimous. RESOLUTION 201 O-R56 (C Public hearing and consideration of a resolution amending the Hike/Bike Trail Plan in the Comprehensive Plan. Jim Carrillo of Halff and Associates noted that the Hike/Bike Trail Plan was part of the Parks and Recreation Master Plan along with the extension of the Walnut Trail from Dry Comai.Creek to Loop 337. Councilmember Zapata moved to close the public hearing. Councilmember Digges seconded the motion. Vote was unanimous to close the public hearing. Council Digges moved to approve the resolution. Councilmember Zapata seconded the motion. Vote was unanimous. RESOLUTION 201 O-R57 4J. J Public hearing and consideration of an ordinance rezoning portions of the 500 and 700 blocks of Hill Avenue, from "M-1" Light Industrial District to "SND- 1" Special Neighborhood District. Councilmember Zapata recused himself from any discussion or action on Item # Mayor Boyer opened the public hearing for citizens to give testimony. Several residents spoke in favor of the rezoning and one citizen spoke in opposition. Several property owners within the neighborhood requested that the noted area be rezoned to comply with the efforts of the revision of the short-term rental section of the Zoning Ordinance. The Planning Commission held a public hearing on October 12, 2010 and recommended the approval of the rezoning by a 5-3 vote. Councilmember Digges moved to close the public hearing. Mayor Pro Tern Krueger seconded the motion. Motion failed 2-4. With a few more comments received, Councilmember Goodner moved to close the public hearing. Mayor Pro Tern Krueger seconded the motion. Vote was unanimous. Councilmember Digges moved to approve the first reading of the ordinance rezoning portions of the 500 and 700 blocks of Hill Avenue from "M-1" to "SND-1" Special Neighborhood District. Mayor Pro Tern Krueger seconded the motion. Vote was unanimous. (D Discuss and consider possible action regarding support of key components of the Edwards Aquifer Recovery Implementation Program. Watershed Program Manager Nathan Pence gave a slide presentation on the stakeholder's process to balance the water needs of the Edwards Aquifer (Endangered November 8, 2010 New Braunfels Regular City Council Meeting 4

28 22 Species and Human in the region. Mr. Pence stated that support of m1mmum springflows for Comal Springs, support of Environmental Restoration and protection areas ' within Landa Park and recreation in the Habitat Conservation Plan., Mayor Pro Tern Krueger moved to support the program, as presented by Mr. Pence. Councilmember Digges seconded the motion. Vote was unanimous. (EDiscuss and consider approving a contract to develop a regional transportation plan to support the creation of a Metropolitan Planning Organization (MPO. Planning and Community Development Director Shannon Mattingly explained that the Cities of New Braunfels and Seguin are interested in jointly pursing the possibilities of forming a regional metropolitan planning organization. Part of the process is to create a transportation plan; therefore, it was recommended that the City enter into a contract with the firm of Lockwood, Andrews and Newmann Engineering. Mayor Pro Tern Krueger moved to approve the contract. seconded the motion. Vote was unanimous. Councilmember Digges (F Public Hearing and consideration of the first reading of an ordinance rezoning acres located on the west side of Oak Run Parkway, approximately 2, 000 feet north of Loop 337, from "R-1 A-8" Single Family District to "Enclave at Westpointe Village Planned Development District" with Concept Plan. Mayor Boyer announced that Item 4F was tabled for this agenda at the request of the applicant and no action would be taken at this time. (G Public hearing and consideration of an ordinance granting a Special Use Permit for acres out the A.M. Esnaurizar Survey, located on SH 46 South, adjacent to Stone Gate Subdivision, to allow a maximum density of 16 units per acre in an "R-3L" Multifamily Low Density District. Planning and Community Development Director Shannon Mattingly reported that the Planning Commission held a public hearing on October 12, 2010 and gave unanimous recommendation for the approval of granting the Special Use Permit (SUP. Also, the staff recommended approval based on the proposed SUP being compatible with the mix of existing commercial and residential development, adjacent to SH 46 South of IH35, and that it will act as a buffer between the single-family residentially zoned properties to the north and northeast and the commercially zoned property adjacent to SH 46. Councilmember Digges moved to close the public hearing. Mayor Pro Tern Krueger seconded the motion. Vote was unanimous to close the public hearing. Councilmember Goodner moved to approve the first reading of an ordinance granting a Special Use Permit for acres to allow a maximum density of 16 units per acre located on SH 46 November 8, 2010 New Braunfels Regular City Council Meeting 5

29 23 South adjacent to Stone Gate Subdivision. Councilmember Zapata seconded the motion. Vote was unanimous. (H Public hearing and consideration of an ordinance abandoning a portion of Dunlap Drive, located between Lake Front Avenue and Lake Dunlap. Mayor Boyer announced that Item 4H was tabled for this agenda and no action would be taken at this time. (M Discuss and consider approval of a resolution authorizing the City Manager to execute an agreement between the City of New Braunfels and the State of Texas, represented by the Texas Department of Transportation, to accept funding available under the Aviation Capital Improvement Program for improvements to the New Braunfels Municipal Airport. Airport Director Lenny Llerena briefed the Council on the opportunity was available for grant through TxDOT for improvements to the airport including the extension of runway 13, relocation of runway 31 relocation of Precision Approach Path Indicator for runway 13, environmental assessment for runway extension and the purchase of land needed for the project. The total estimated project cost is $7,465,145. The grant allows for funding of 90%, with the City responsible for 10%. Mr. Llerena noted that the staff is working on securing matching funds for the grant which equals $746,515. Councilmember Digges moved to approve the resolution. Councilmember Zapata seconded the motion. Vote was unanimous. RESOLUTION NO R53 (I Public hearing and consideration of an ordinance rezoning Oak Run Subdivision, from "R-3" Multi-Family District, "C-1" Local Business District, and "C-3" General Business District to "R-1 A-6. 6" Single Family District. Planning and Community Development Director Shannon Mattingly stated that this rezoning was to comply with the revision of the short-term rental section of the Zoning Ordinance. The Planning Commission held a public hearing on October 11, 2010 and recommended approval of the rezoning. Councilmember Nolte moved to close the public hearing. Councilmember Digges seconded the motion. Vote was unanimous to close the public hearing. Councilmember Digges moved to approve the first reading of an ordinance rezoning Oak Run Subdivision from "R-3" Multi-Family District, "C-1" Local Business District, and "C-3" General Business District to "R-1A-6.6" Single Family District. Councilmember Nolte seconded the motion. Vote was unanimous. (K Public hearing and consider the first reading of an ordinance by the City Council of the City of New Braunfels, Texas enlarging the boundaries of Reinvestment Zone November 8, 2010 New Braunfels Regular City Council Meeting 6

30 L4 Number One, City of New Braunfels, Texas; amending the project plan and finance plan for the zone to reflect the increased boundaries; consenting to the amendment of an interlocal cooperative agreement between the City of New Braunfels, Texas and the New Braunfels Industrial Development Corporation to reflect the increased boundaries of the zone; and other matters in connection therewith. ' City Manager Mike Morrison stated that the Board of Directors of Reinvestment Zone No. 1 has unanimously recommended amending the Project Plan and Financing Plan of the Zone to include 40 +/-acres of adjacent property, including the proposed site for Buc-ee's Travel Center. Councilmember Digges recused himself from any discussion or action on Item #4K. Mayor Pro Tern Krueger moved to close the public hearing. Councilmember Nolte seconded the motion. Vote was unanimous to close the public hearing. Councilmember Zapata moved to approve the first reading. Councilmember Goodner seconded the motion. Vote was 5-0. (L Discuss and consider the first reading of an ordinance amending Chapter 106, Signs, of the Code of Ordinances, by amending Section to define mobile billboards and amending off-premise sign definition to include mobile billboards, and amending Section to prohibit mobile billboards. Mayor Boyer announced that Item 4L was pulled from the agenda at the request of the applicant and no action would be taken at this time. 5. EXECUTIVE SESSIONS Mayor Boyer announced that the Council would not convene in an executive session at this meeting. Adjournment: This regular meeting adjourned at 9:15p.m. Date Approved: November 22, 2010 By: R.BRUCEBOYER,MAYOR Attest: November 8, 2010 New Braunfels Regular City Council Meeting 7

31 25 ANN SMITH, INTERIM CITY SECRETARY November 8, New Braunfels Regular City Council Meeting 8

32 26

33 27 City Council Agenda Item Report November 22, 2010 Agenda Item No. 2 Presenter/Contact - Mayor Boyer SUBJECT: CITIZENS' COMMUNICATIONS BACKGROUND/RATIONALE: This time is for citizens to address the City Council on issues and items of concern, not on this agenda. There will be no City Council action at this time. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: I City Plan/Council Priority: FISCAL IMPACT: N/A BOARD/COMMISSION RECOMMENDATION: N/A STAFF RECOMMENDATION: N/A

34 28

35 29,..,City of ~~New Braunfels City Council Agenda Item Report November 22,2010 Agenda Item No. 3-A Presenter/Contact- Deborah Korinchock, Support Services Director ( SUBJECT: Approval of the FY Budget for the Creekside Tl RZ BACKGROUND/RATIONALE: Included below is the FY Budget for the Creekside TIRZ as recommended by the TIRZ board as well as the local government corporation. Before the local government corporation and the TIRZ can make any expenditure of TIRZ funds, a budget must be adopted by both the boards and the Council. The proposed budget reflects the projected revenues into the current TIRZ as well as the proposed expenditures. The Creekside TIRZ receives revenue from the ad valorem property tax increment in the zone as well as one half cent of the sales tax generated within the TIRZ boundaries. Estimated revenue for FY is $690,536. Expenditures in the TIRZ will fall into four categories and total $630,000: Administrative expenditures- budgeted at $30,000 (the amount the TIRZ board indicated they would approve for FY ; Direct debt service payments (principal and interest (estimated at $470,000 for the first year based on a debt issuance of $6.7 million Reserve requirements - must equal one year's principal and interest within five years of the debt issuance (estimated at $130,000 for the first year- 1/5 of the total requirement On November 15, 2010, the TIRZ board and the local government corporation are expected to approve the budget as presented below. Council approval is now needed so that expenditures of funds can occur. This proposed budget includes administrative expenses as well as debt service. Page 1 of2

36 30 City of New Braunfels Creekside Town Creek TIRZ Fund Fiscal Year Ending September 30, 2011 Fund:210 Available Funds F Actual F Estimate F Budget Beginning Balance Undesignated Funds Total Beginning Balance $ $ $ 184,323 $ 580,308 $ 184,323 $ 580,308 Revenue Property Tax Municipal Sales Tax Interest Income $ 184,323 $ 177,285 $ 265, , , Total Revenue $ 184,323 $ 515,985 $ 690,536 TOTAL AVAILABLE FUNDS $ 184,323 $ 700,308 $ 1,270,845!APPROPRIATIONS Administrative Debt Service Reserve Requirement $ $ 120,000 $ 30, , ,000,,.. TOTAL OPERATING APPROPRIATIONS "$ $ 120,000 $ 630,000 Ending FliDd Balance $ 184,323 $ 580,308 $ 640,845 TOTAL APPROPRIATIONS $ 184,323 $ 700,308 $ 1,270,845 FISCAL IMPACT: Adoption of the budget is the first step in allowing the expenditure of funds for FY from the Creekside TIRZ. STAFF RECOMMENDATION: Approval of the FY Budget for the Creekside TIRZ. Page 2 of2

37 31,.._,City of ~.. New Braunfels City Council Agenda Item Report November 22, 2010 Agenda Item No Presenter/Contact- Robin Kunkel, Recreation Manager ( rkunkel@nbtexas.org SUBJECT: Approval of a resolution authorizing the City Manager to execute an agreement with the Texas Department of Transportation for the temporary closure of SH 46 Business (Seguin Avenue, East and West San Antonio Street, and North and South Castell for the 2010 Wassailfest Celebration which will be held on December 2, 2010 from 6 p.m. to 9 p.m. and requires street closures from 5 p.m. to 12 a.m. BACKGROUND/RATIONALE: The Annual Wassailfest Celebration will be -held on December 2, Staff is requesting street closures from 5PM - 12AM in order to set up, insure a safe event, and conduct clean-up activities. Approval of this resolution is necessary to obtain permission from the Texas Department of Transportation to close Seguin and San Antonio streets for the duration of the event. Wassailfest will kick-off at 6PM and will offer samplings of wassail, music, and community fellowship. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: N/A -1 Yes Strategic Priorities: Growth and City Plan/Council Development- continue to develop year- Priority: round tourism. FISCAL IMPACT: N/A BOARD/COMMISSION RECOMMENDATION: STAFF RECOMMENDATION: Staff recommends that City Council approve the attached resolution. Page 1 of 1

38 32 RESOLUTION NO R- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE TEMPORARY CLOSURE OF SH 46 BUSINESS (SEGUIN AVENUE, EAST AND WEST SAN ANTONIO STREET, AND NORTH AND SOUTH CASTELL FOR THE 2009 WASSAILFEST CELEBRATION WHICH WILL BE HELD ON DECEMBER 2, 2010 FROM 6:00 P.M. TO 9:00 P.M. AND REQUIRES STREET CLOSURES FROM 5:00 P.M. TO 12:00 A.M. WHEREAS, Wassailfest has been held in New Braunfels for eighteen years and its celebration has become a landmark for the City; and WHEREAS, the Wassailfest event requires that a section of SH 46 Business, East and West San Antonio Street, and North and South Castell Avenue be closed to provide adequate space for the event; and WHEREAS, the closing of SH 46 Business, East and West San Antonio Street, and North and South Castell Avenue will also enhance the safety for this event by closing off a high traffic area. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS: That the City Manager of the City of New Braunfels be authorized to execute an agreement with the Texas Department of Transportation requesting the closure of a portion of SH 46, East and West San Antonio Street, and North and South Castell Avenue for the annual Wassailfest event. PASSED, ADOPTED, AND APPROVED this 22nd day of November, CITY OF NEW BRAUNFELS, TEXAS ATTEST: BY: R. BRUCE BOYER, Mayor Ann Smith, Interim City Secretary ~.

39 33 f'.,cityof ~b; New Braunfels City Council Agenda Item Report November 22, 2010 Agenda Item No. 3 -C Presenter/Contact- Deborah Korinchock, Support Services Director ( dkorinchock@nbtexas.org SUBJECT: Approval of the City of New Braunfels FY fourth quarter investment report BACKGROUND/RATIONALE: State of Texas statutes require quarterly investment reports to be presented to the governing body of a municipality. Attached for Council consideration is the FY fourth quarter investment report to meet these statutory requirements. As of September 30, 2010, the end of the City of New Braunfels fourth quarter for FY , the City had $41,407,224 (market value invested in different investment instruments as shown below. This represents a decrease of $15,244,359 or 27 percent from the end of the prior quarter that is driven by two factors. First, the normal expenditure of funds for operations and capital improvement projects accounts for about $3 million. The remaining $12 million comes from an investment that matured on September 30, Because of the timing of that maturity, the cash was in the City's operating bank account which is not captured in this investment report. The funds were re-invested October 1, Therefore, the actual available investment balance at September 30, 2010 was closer to $53.4 million. Investment Type: Money Market Pools Agency Notes and Agency Discount Notes Weighted Average Maturity of Portfolio Weighted Average Yield for Portfolio Amount Invested (Dollars in millions $12.02 $3.39 $ days.502% Average Yield 90 Treasury Bill for same period Average Yield 180 day Treasury Bill for same period.15%.20% For this quarter, the weighted average yield on the City's investments is.502 percent, which is slightly below the last quarter's earnings of.544 percent. The current market and economic conditions have continued to negatively impact interest rates. However, the City's overall yield is still above the 90 and 180 day Treasury Bills for the same period. The weighted average maturity of the City's portfolio has increased significantly in comparison to the first quarter of the fiscal year - from 2 days in that first quarter to 388 days due to longer term investments in federal agency coupon securities. These notes are callable and, as they are called, the City is reinvesting in similar instruments. This change in strategy from a significant amount of funds in pools to more funds in agency notes was done to take advantage of the small Page 1 of2

40 34 increment in higher interest rates offered by these securities. Every effort is being made to maintain the City's liquidity for payment of expenditures while maximizing interest earnings in this continued low interest rate market. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: N/A ~ Yes I City Plan/Council Priority: I Effective Management- Maintain fiscal stability of City operations FISCAL IMPACT: None BOARD/COMMISSION RECOMMENDATION: N/A STAFF RECOMMENDATION: Approval of the FY fourth quarter (through September 30, Investment Report Page 2 of2

41 35 Quarterly Investment Report Certification This report fairly represents the investment standing of the City of New Braunfels as of September 30, 2010 and the investment activity for the period July 1, 2010 through September 30,2010. I believe the data presented for the quarter ending September 30, 2010 is accurate in all material respects, and is presented in a manner that fairly sets forth the investment standing of the City of New Braunfels. I further believe that all data necessary to represent the activity for the quarter is included in this report. This report was prepared in compliance with the State of Texas "Public Funds Investment Act" and the City ofnew Braunfels Investment Policy. Finance Manager City ofnew Braunfels Nove"" b.a... \, ;to l o Date

42 ~J. City of :..-. New Braunfels, '? Quarterly Investment Report Ending September 30, 2010 w CTI PATTERSON & ASSOCIATES '"--' '-"' '-..._/

43 '"'_.,., -~ We are 'Easing Down the Road' <0 "' The basic economic picture has not changed, but several major factors have surfaced during the month. The Federal Reserve surprised watchers with a seriously negative view of the economy and pushed general expectations for recovery to The Fed has indicated the intent to use quantitative easing to keep rates low to encourage activity. ~n,. 1-e<ler.;il Kesen.-e urn~s- 1-"roJeci:!CilS at1llth..ir~ayme;;lt Hate,i40: Cbang;e l ~m,w.td~t-;-, ~~.:nti:!z~ -.n~m:rj... ~""- _......A;r:;: 1.,.::EI~t!,.,I,I I / l,, /~~~-~ I ' l l,. I ~ 1~ " ~: s I :; '-'"""" ~.xi'u,.. I:, ~t::ijs.if:~lo':' ~~~~~~~==~----~----~------r-----~----~ DE :IS 07 ~e, n'3 '10 ~ 1: I w -..J '" The Fed is concerned with inflation below their target ranges and sees little improvement in the employment situation. The Fed is expected to initiate "02" in November by buying US debt. This will lower rates further in the intermediate and long term. Slow Move in Jobs Expected Co.re lnaoo Measures.,.;.!li.::t p ~ l-1.~ I, H"-v,""',...A~rl '1,,, I ~-11',:~0..,..., I :-.c ' I,i -..;i-, -l#p ;'--.. ~. ~ ~ II ~" \... ~, - rv"'--1',... :._'- ~\..~.:...A->-,.-~., :::..: , ~,, -~,. V,r-;.,.t" ''\] ~.,.,.~.. t.. -,_.,,<'< ~- v c L~';. / ~ ~:.._r~~,....."".. \~ i \.,.\. ~'"...,... I.. // \ r'"\a/' I I'l.. ~,Ui ~ v...,,;.;.'\: 'i:lru; 1..:1 -!"'1.2: l""iilc:en:iise-~ - -WiM~ l.d -1;a;~l';lo<nC-PI -~-.:A 1. 1 ~~~.15111?,CE -CII!>!no<t-::1'1~ ~!.-~! D.!r ~ ~-..~~r.st.:s~a~r.t..t~ D: C~to'etMn!t.~.D;;J. 1.:J!i ~ u.. u ""nrr.: -mr.:. "i''"ll"'r.!" ~::J:;t.l:i..,-;'IJ!C: -:::1'J'In No Inflation Allows Fed to Move

44 In for a Long Slow Climb Out rme~ or.small ial~s :!~Jifrrf!Sm r1~ 1 c~, 1!lE-l. ;\1 ~ 1b!ul P. 1! ~J rl,\ ~~'1 ~~m-at'wf.\~~~'1~--~_: ~_-.- P1~l ~ -~~~v ~t~~ ~ J\~l;- 1 _~l~ ~t, v /.,~,., _Hi ~ ~~.: ~,,, ~~.. II I f I. ~I. p!5:-l.. ~!.. I'!!:?: 1!::1!:: ~. '. ~ ; i : ' ::,.:~~.,,.c.=... MariO.na.~.. ~!r='!.tcr. to..~~.~-pj!~'~~s t:!izi I I I I,.; (' I I I I I I I I I,..., I I I I I: ; it 1:!-G at 1:!:~!:lc- ~Q :J"f' :.:! ~~ ~ ~ ti ~!:i ~T ~ :--~ co I'O~t a-~ r::~ IC-4 o:: ac c'i" IZI D!l -e.a!l!..,..s.._l Ro! a"" J-"""'~ ~4....!IIJ. 'lr ::t~ ~-~ 'J.J.' ~., isla 7\:l:a.nlLf;u.:tttu.iuzg: C; p:;.-u:iit~ Utili:.t:-;.t:tiu.a Rail"-" ~--.' "''\:.~ ' ""'" -. '\.... /'""...!"' <f<l d"l ~,:, ''" fl'.. I~'!"' lfyhi l~ ::lilliilll!ll ;l;_.l 7H:I ~ ~1: ~ :Bll.. ::a.-.a.tl' ~ :Z.~II~ ---!I'.K:1-::laJ::i -tt=t:~lli.ai. ~P. l:! r.. IN.:.... -m!-.,~.11 -~ll'ie:. '!IL":.&r.l., (!:su.i~:.riiijii 1~S ID D It has been 2 years since Lehman created a broad panic. The panic is gone but the throbbing pain remains Lack of progress continues to weigh on confidence further halting job creation. A rise in new unemployment claims illustrates this concern. Manufacturing gains but slows after inventory buildup in 1 Q. Lack of confidence appears to outweigh lack of bank lending. Global banking rules from Basel Ill will force banks to triple their top-tier capital, but may also restrict lending. A change in the DC economic team and the uncertainty in upcoming election effects may keep us in neutral until at least November. w co Sem:t:!-: l."ed!'tru! IU2JWi :aasm:~ i!m]l :it'l!!r1nf. ~OT!:. "'---' -.~. '---".

45 '~...._/ Short Term Rates Fed's Focus ( ' -- Oct Dec Mar-10 Jun-10 Sep-10 I w o/n 3mo 6mo lyr 2yr 3yr Syr 7yr loyr 30yr The Fed's position was clarified after the September FOMC meeting. They see increasing signs of weakness and are ready to act more aggressively. The Fed is to use the proceeds from maturing mortgage backed portfolios to invest in the intermediate and long end of the curve, thereby lowering rates a1d flattening the yield curve further. The news of the intent has already loweced rates. The move is designed to also drive investors to riskier equity positions. With the Fed action, the hope that rates could rise in mid-2011 has been dashed and no movement is now expected for perhaps 18 months unless a major change takes hold and there is little evidence of any such change on the horizon. The two-year area has been dragged down now as investors seeing the possibility of weakness well into 2012 wi!! exchange risk for safety.

46 City of New Braunfels, Texas Operating Fund Quarterly Investment Report June 30, September 30, 2010 Portfolio Summary Management Report This quarterly report is in compliance with the investment policy and strategy as established by the City and the Public Funds Investment Act (Chapter 2256, Texas Government Code. Portfolio as of June 30, 2010 Portfolio as of See_tember 30, 2010 Beginning Purchase Principal $ 56,622,485 Principal $ 41,388,006 Beginning Book Value $ 56,624,938 Ending Book Value Beginning Market Value $ 56,651,583 Ending Market Value Unrealized Gain/Loss $ 26,645 Unrealized Gain/Loss Change in Unrealized Gain/Loss W AM at Beginning Period Date days W AM at Ending Period Date 1 Change in Market V alue 2 Ending Purchase $ 41,391,537 $ 41,407,224 $ 15,687 $ (10, days $ (15,224,359..c:. (Sl Average Yield to Maturity for period Average Yield 90-day Treasury Bill for period Average Yield 180-day Treasury Bill for period 0.502% 0.150% 0.200% Prepared by: City of New Braunfels Deborah A. Korinchock, CFO 1 WAM represents weighted average maturity. 2 Change in Market Value is required data, but will primarily reflect the receipt and expenditure of the City's funds from quarter to quarter. / ',"-""' \.._..,, ~

47 Your Portfolio As of September 30, 2010 c'-"c..._,. ~J... City of :.- New Braunfels "'-- P&A constantly reviews your portfolio for optimal asset allocation and controlled average maturity because a diversified portfolio can better adjust to volatile market conditions. The extremely low short-term rates make diversification difficult and they are expected to continue now probably into Collateralized COs are disappearing as an option as banks remain uninterested in new funds. It appears that the Financial Regulations bill will not change this. Basel ill but not for awhile. Banks are flush with funds on their balance sheets. They are concerned with credit quality on loans and must monitor risk for the regulators. Your net yield of 0. 50% compared to some basic benchmarks generated additional quarterly earnings of: Q 3 mo. T -Bill $ 45, Q 6 mo. T-Bill $38, Q 1 yr T-Bil! $ 29, Texpoo! $ 35, ~~ t1 '9~ ~~ ~ d.~ f;:$,1' / / Of.rl' -1~ -1~ Disrount No 0% 63%..c:.....

48 I"'ATTr:.IUIIIN III..II.!I.IIIIIU.A1!:.rl =-=~-~u t,:ii'.:=-~~c:::.: :;... =~ City of New Braunfels, Texas Portfolio Management Portfolio Summary September 30, 2010 Patterson & Associates 301 Congress Ave Suite 570 Austin, TX, Investments Par Value Federal Agency Coupon Securities 26,000, TexPool 2,295, MBIACiass 907, JPMorgan Chase 185, Money Market 12,016, Market Book Value Value 26,002, ,987, ,295, ,295, , , , , ,016, ,016, %of Portfolio Term Days to MaturitY YTM 365Equiv Investments 41,404, ,407, ,391, % OA98 Cash and Accrued Interest Accrued Interest at Purchase Subtotal 1, , , , Total Cash and Investments 41,404, Total Earnings September 30 Month Ending Current Year 28, Average Daily Balance 55,991, ,408, ,393, Fiscal Year To Date Fiscal Year Ending 254, , ,197, OA98..c::.. I'.; The following reports are submitted in accordance with the Public Funds Investment Act (Texas Gov't Code The reports also offer supplemental information not required by the Act in order to fully inform the governing body of the City of New Braunfels, Texas of the position and activity within the City's portfolio of investments. The reports include a management summary overview, a detailed inventory report for the end of the pertod, a transaction report, as well as graphic representations of the portfolio to provide full disclosure to the governing body. Debi Korinchock, Chief Financial Officer Reporting period 09/01/ /30/2010 Run Date: 10/ :51 Portfolio NB AP PM (PRF_PM ReportVer _./ '"'-"._-'

49 PATrEUIIIII 1--_..dGI.~TE& ~/. -._/ City of New Braunfels, Texas Summary by Type September 30, 2010 Grouped by Fund Patterson & Associates 301 Congress Ave Suite 570 Austin, TX, Number of Par 'Yo of Average Average Days Security Type Rnvesbnents Value Book Value Portfolio YTM 365 to Maturity Fund: Carts Fund #304 MBIACiass 907, , TexPool Subtotal 2 907, , Fund: Carts Fund #307 Federal Agency Coupon Securities 1,000, , Money Market 3,107, ,107, TexPool Subtotal 3 4,107, ,106, Fund: Certs Fund #308 Federal Agency Coupon Securities Money Market TexPool Subtotal 1,000, ,759, ,759, , ,759, ,758, D. w Fund: Carts Fund #309 Federal Agency Coupon Securities 1,000, , JPMorgan Chase 185, , Money Market 2,605, ,605, Subtotal 3 3,790, ,789, Fund: Civic Center #325 TexPool Subtotal Fund: General Fund Federal Agency Coupon Securities 4 23,000, ,990, JPMorgan Chase Run Date: 10/15/ :52 Portfolio NB AP ST (PRF _ST ReportVer

50 City of New Braunfels, Texas Summary by Type September 30, 2010 Grouped by Fund Page2 Number of Par % of Average Average Days Security Type Investments Value Book Value Portfolio YTM 365 to Maturity Fund: General Fund Money Market 1 2,543, ,543, TexPool 3 2,295, ,295, TexSTAR Subtotal 10 27,839, ,829, Total and Average 22 41,404, ,391, r::...r::.. Run Date: 10/15/ :52 Portfolio NB AP ST(PRF_ST7.1.1 ReportVer ',....,../.'--/ '..._/

51 PATTEUDIII'-'UGIATE& ' "-"' ~.., City of New Braunfels, Texas Fund CERTS - Certs Fund #304 lnvesbnents by Fund September 30, 2010 Patterson & Associates 301 Congress Ave Suite 570 Austin, TX, CUSIP TexPooD Investment# 8001 Issuer TexPool Purchase Date Subtotal and Average Book Value 10/01/ o.oo Par Value Market Value Current Rate YTM YTM Maturity Days To 365 Date Maturity 0 MBIACiass MBIACiass 10/01/ , , Subtotal and Average 907, , , , Total Investments and Average 907, , , ::. U1 Run Date: 10/15/ :52 Portfolio NB AP Fl (PRF _FI ReportVer

52 Fund CERTS307 - Certs Fund #307 Investments by Fund September 30, 2010 Page2 CUSIP Investment# Issuer Federal Agency Coupon Securities 3128X94HO 85 FHLMC Step Note TexPool TexPool Money Market Texas Capital Bank Purchase Date Book Value Par Value 04/12/ , ,000, Subtotal and Average 999, ,000, /02/ Subtotal and Average /22/2010 3,107, ,107, Subtotal and Average 3,107, ,107, Total Investments and Average 4,106, ,107, Currant YTM YTM Market Value Rate ,000, ,000, ,107, ,107, ,107, Maturity Days To Date Maturity 04/12/ c:.. en Run Date: 10/ a - 11:52 Portfolio NB AP Fl (PRF _FI Report Ver '-"' '-_/'

53 \.._./ ',../ ~ Fund CERTS308 - Certs Fund #308 Investments by Fund September 30, 2010 Page3 CUSIP Investment# Issuer Federal Agency Coupon Securities 3128X94HO 86 FHLMC Step Note TexPool TexPool Purchase Date Book Value Par Value 04/12/ , ' 000, Subtotal and Average 999, ,000, /10/ Subtotal and Average Current Y1M Y1M Market Value Rata ,000, ,000, Maturity Days To Data Maturity 04/12/ Money Market Texas Capital Bank 02/22/2010 3,759, ,759, Subtotal and Average 3,759, ,759, Total Investments and Average 4,768, ,769, ,759, ,759, ,759, c::.. -..J Run Date: 10/15/ :52 Portfolio NB AP Fl (PRF _Fl Report Ver

54 , Fund CERTS309 - Certs Fund #309 Investments by Fund September 30, 2010 Page4 CUSIP Investment# Issuer Purchase Date Book Value Par Value Market Value Current Rate YTM YTM Maturity Days To Date Maturity Federal Agency Coupon Securities 3128X94HO 87 FHLMC Step Note 04/12/ , ,000, Subtotal and Average 999, ,000, ,000, ,000, /12/ JPMorgan Chase JPMorgan High Yield Savings 09/02/ , , Subtotal and Average 185, , , , Money Market Texas Capital Bank 02/22/2010 2,605, ,605, Subtotal and Average 2,605, ,605, ,605, ,605, Total Investments and Average 3,789, ,790, ,790, ~ 00 Run Date: 10/ :52 Portfolio NB AP Fl (PRF _FI Report Ver ""--" '-._/"..._./

55 ~- ~...; Fund CIVIC - Civic Center #325 Investments by Fund September 30,2010 PageS CUSIP Investment# Issuer Purchase Date Book Value Par Value Market Value Current YTM YTM Rate Maturity Days To Date Maturity TexPool TexPool 03/29/2007 Subtotal and Average Total Investments and Average o.oo ::>. 1.0 Run Date: 10/15/ :52 Portfolio NB AP Fl (PRF _FI Report Ver

56 Fund GENERAL - General Fund Investments by Fund September 30,2010 Page& Purchase CUSIP Investment# Issuer Date Book Value Par Value Federal Agency Coupon Securities 3128X94HO 84 FHLMC Step Note 04/12/2010 5,994, ,000, G1BD5 89 FHLMC Step Note 05/24/2010 4,995, ,000, G1ENO 90 FHLMC Step Note 06/07/2010 5,000, ,000, FPFV4 93 FNMA Step Note 09/23/2010 7,000, ,000, TexPool Subtotal and Average 22,990, ,000, TexPool Miscellaneous Funds A 06/10/ , , TexPool Miscellaneous Funds B 06/10/2010 1,320, ,320, TexPool 10/01/ , , TexSTAR Subtotal and Average 2,295, ,295, TexSTAR 10/01/ JPMorgan Chase Subtotal and Average JP Morgan Chase MM 10/01/ Money Market Subtotal and Average Texas Capital Bank 02/22/2010 2,543, ,543, Subtotal and Average 2,543, ,543, Total Investments and Average 27,829, ,839, Market Value Currant Rate 6,000, ,001, ,001, ,000, ,002, , ,320, , ,296, ,543, ,543, ,842, YTM YTM Maturity Days To Date Maturity /12/ /17/ o.ooo /07/ /10/ t.n ~ Run Date: 10/ :52 Portfolio NB AP Fl (PRF_FI Report Ver "~ '"-'" '.._./

57 PATTE Jtli 111~118 C late& '--.._/...._.:'. ':" ~; / :~ '...: ':.: '"' "'- ;; City of New Braunfels, Texas Purchases Report Sorted by Fund - Fund July 1, September 30, 2010 Patterson & Associates 301 Congress Ave Suite 570 Austin, TX, CUSIP investment# Fund Sec. Type issuer Original Purchase Principal Par Value Date Payment Periods Purchased Accrued Interest Rate at Maturity at Purchase Purchase Date YTM Ending Book Value General Fund 3136FPFV4 93 GENERAL FAC FNMAS 7,000, /23/ /10-09/10 7,000, , /10/ ,000, Subtotal 7,000, ,000, , ,000, Total Purchases 7,000, ,000, , ,000, c..n '""" Run Date: 10/ :32 Portfolio NB AP PU (PRF _PU Report Ver

58 F'AITEUIIM III.UI'iiiCJATE& City of New Braunfels, Texas Sales/Call Report Sorted by Maturity Date - Fund July 1, September 30, 2010 Patterson & Associates 301 Congress Ave Suite 570 Austin, TX, CUSIP Investment# Fund Issuer Purchase RedeRL Date Par Rate at BookVaDue sac:type Date "Maiiir.oatll- Value Red em. atredem. Redemption Principal Redemption Interest Total Amount Net Income 03/23/ XXK89 83 GENERAL FHLBS 03/23/ /23/2010 6,000, v 6,000, FAC 03/23/2012 6,000, , ,015, Call 15, Subtotal 6,000, ,000, ,000, , ,015, , /30/ X9T59 88 GENERAL FHLMCS 04/19/ /30/ ,455, v 12,447, FAC 03/30/ Subtotal 12,455, ,447, Total Sales 18,455, ,447, ,455, , ,455, , ,455, , ,486, Call 12,486, ,501, , , , c..n 1'\:1 V - Security with variable rate change. Run Date: 10/27/ :33 Portfolio NB AP SA(PRF_SA Report ver ~- ---._./- -~

59 53 r:, City of ~-..New Braunfels City Council Agenda Item Report November 22, 2010 Agenda Item No. 3- D Presenter/Contact- Mary Quinones ( mquinones@nbtexas.org SUBJECT: Approval of the purchase of uniforms for the Fire Department from G&K Services through the BuyBoard contract. BACKGROUND/RATIONALE: The Fire Department has included funding for the replacement of uniforms in their budget for FY These uniforms will be on a rental agreement for a 36 month term. These uniforms are approved station wear garments in compliance with the National Fire Protection Association (NFPA standards. Each firefighter will receive six sets of uniforms. The uniforms will be picked up weekly and cleaned with a steam tunnel finish or pressed. These are being rented through a Buyboard contract. The price for these uniforms is $6.00 per week per firefighter totaling $38, per year. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: N/A --/ Yes City Plan/Council Priority: Strategic Priorities: Promote and encourage a sustainable high-performing workforce and environment. FISCAL IMPACT: The FY Adopted Budget for the Fire Department Fund includes a budget allocation of $104,575 for the purchase of uniforms. Therefore, sufficient funds are available for this $38, purchase. BOARD/COMMISSION RECOMMENDATION: None STAFF RECOMMENDATION: Approval of the purchase of uniforms for the Fire Department from G&K Services through the BuyBoard contract. Page 1 of 1

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61 55 ~,Cityof ~U New Braunfels '-n~ City Council Agenda Item Report November 22, 2010 Agenda Item No. ~.. E Presenter/Contact- Ann Smith, Interim City Secretary SuBJECT: Approval to cancel the December 27, 2010 Regular City Council meeting. BACKGROUND/RATIONALE: Traditionally the City Council has cancelled the second regular meeting in the month of December. Notices will be posted on the website and bulletin board if the Council desires to continue this tradition. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: I City Plan/Council Priority: FISCAl_ IMPACT: N/A BOARD/COMMISSION RECOMMENDATION: N/A STAFF RECOMMENDATION: N/A

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63 57,...,City of ~-.New Braunfels City Council Agenda Item Report November 22, 2010 Agenda Item No. 3- f Presenter/Contact- Jim Klein, City Engineer ( jklein@nbtexas.org SUBJECT: Authorization for the City Manager to approve change order 3 to the contract with DNT Construction, LLC for construction services on Goodwin Lane as part of the Goodwin Lane Improvements Project. BACKGROUND/RATIONALE: The Goodwin Lane Improvements Project consists of demolition and reconstruction of Goodwin Lane from FM306 to approximately 3,140 feet to the north. Construction includes demolition, utility improvements, drainage improvements, grading and paving improvements. The contract with DNT Construction, LLC for construction was approved by City Council on April 26, at a cost of $962, Change order 2 was approved on November 8, 2010 and addressed utility conflicts discovered in the field during construction. NBU subsequently informed us that additional temporary water valves will be required so we do not interrupt service to existing customers. This will require, additional materials. This change order amounts to $6, and includes the additional materials required to maintain water service. ' The attached is a detailed breakdown of the change order items as provided by DNT Construction, LLC. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: N/A City Council Strategic Priorities- Objective City Plan/Council X Yes 3: Implement ongoing program of Priority: infrastructure construction and maintenance FISCAL IMPACT: On April 15, 2010, the New Braunfels Industrial Development Corporation (NBIDC approved funding this project in an amount not to exceed $1,119,000. When council approved award of construction on this project, a project budget of $1,059, was established. This amount fully funds the project and funding for this change order. BOARD/COMMISSION RECOMMENDATION: N/A STAFF RECOMMENDATION: Authorization for the City Manager to approve change order 3 to the contract with DNT Construction, LLC for construction services on Goodwin Lane as part of the Goodwin Lane Improvements Project. Page 1 of 1

64 58 10/29/2010 r:,,cityof ~.. New Braunfels Construction Change Order Project: Goodwin Lane Improvements Change Order No. 3 Contractor: DNT Construction LLC Date: October 29, 2010 Address: Redland Rd. San Antonio Texas In accordance with the terms of the Owner<:ontractor Agreement, datedaprll 27, 2010, between the City of New Braunfels, OWNER, and DNT Construction LlC, CONTRACTOR, CONTRACTOR is hererby directed to make addttions or alterations In the Work wtth details and costs as described below. Any compensation paid In conjunction wtth the terms of this Changer Order shall comprise total compensation due the CONTRACTOR for the Work or for the change defined In this Change Order. By signing this Change Order, Contractor acknowledges that the stipulated compensation Includes payment for the Work of Change plus all payment for the Interruption of Schedules, Stop Work Orders, Extended Overhead, Delay, or any other impact, claim or ripple effect, and by signing specifically waivers any Reservation or Claim for Addttional Compensation wtth respect to the Subject of this Change Order. Except as modified by Change Order, all work performed under this Change Order shall be completed in accordance wtth the Contract Documents. PURPOSE FOR THIS CHANGE ORDER: Install a 12" Hydroplug in existing waterline per NBU for the relocation of the water1ine around the proposed box culverts Install12" Hydroplug 1 6, $6, TOTAL- THIS CHANGE ORDER $6, ORIGINAL CONTRACT AMOUNT: $967, Previous Change Orders $74, Amount of This Change Order $6, TOTAL OF All CHANGE ORDERS $80, REVISED CONTRACT AMOUNT: $1,048, ORIGINAL CONTRACT TIME: 0 Days Previous Change Orders 10 Days This Change Order 2 Days TOTAL OF ALL CHANGE ORDERS 12 Days REVISED CONTRACT TIME: 12 Days ORIGINAL CONTRACT (FINAL(SUBSTANTIAL COMPLETION DATE: -----;A.:.o::P::;:ril~9!-'' 2:;c0;?;110;--- REVISED {FINAL(SUBSTANTIAL COMPLETION DATE: April 21, 2011 RECOMMENDED AND APPROVED: ~ 10/29/10 Contractor Date New Braunfels Utilities Date Design Engineer Date Support Services Director Date Project Manager Date City Council Approval Date: Department Director Date City Manager Date P.O. Box New Braunfels. Texas Tel Fax S castell Avenue New Braunfels, Texas 78130

65 59 City Council Agenda Item Report November 22, Agenda Item No. 3;~ Presenter/Contact- John Robinson, Chief Fire Dept/Mary Quinones ( mquinones@nbtexas.org SUBJECT: Approval of the purchase of services for the Fire Department from Frazer Ltd through the Houston Galveston Area Council (HGAC contract for remounting two ambulances. BACKGROUND/RATIONALE: The Fire Department has included funding for the remounting of two ambulance chassis' and refurbishing the generator powered ambulance box/modules. This request is to refurbish two EMS units for the amount of $97,000 each. This service will be provided by Frazer Ltd. The goal of the Department is to rotate all ambulances, when possible, on a five year basis. This involves removing the patient compartment (box from the ambulance, refurbishing that box, and installing this refurbished unit on a new chassis. This assembled ambulance is put in service for five years, and then replaced completely. This cycle can be affected by other factors including adjusting scheduled replacement due to very good service from a particular setup. Managing this schedule as described has provided excellent service from the fleet of ambulances, while maintaining fiscal responsibility. / ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: N/A -J Yes City Plan/Council Priority: Strategic Priorities: Maintain and review benchmarks for public safety services delivery. FISCAL IMPACT: The purchase of the refurbishment of these ambulances is included in the FY budget in the Equipment Replacement Fund. The total cost is $194,600 (the $600 is an administrative fee for HGAC and sufficient funds are available in the budget for this purchase. BOARD/COMMISSION RECOMMENDATION: None STAFF RECOMMENDATION: Approval of the purchase of services for the Fire Department from Frazer Ltd through the Houston Galveston Area Council (HGAC contract. Page 1 of 1

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67 61 ~-,City of ~-..New Braunfels City Council Agenda Item Report November 22, 2010 Agenda Item No.3- N Presenter/Contact- John Robinson/Mary Quinones ( mquinones@nbtexas.org suejecr: Approval of the purchase of Firefighter bunker gear from Dooley Tackaberry through the Buyboard Cooperative. 8ACKGROUND/RA TIONALE: Fire Department personal protective equipment is replaced on a five year rotation basis to maintain compliance with State mandates. This gear holds carcinogens, which require it to be washed after a fire or Hazmat event. After extended periods of washing, the material's thermal barriers break down, thus defining the mandates for replacement. Mandates are stated in National Fire Protection Association This purchase is for thirty-seven sets of gear. Staff recommends buying this equipment from Dooley Tackaberry which has a Buyboard contract for public safety and fire house supplies and equipment # ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: N/A X Yes City Plan/Council Priority: Strategic Priorities: Promote and encourage a sustainable high-performing workforce and environment. FISCAL IMPACT: This equipment is included in the Fire Department's FY Budget. $63,791 and sufficient funds are available in the budget for this purchase. The total cost is BOARD/COMMISSION RECOMMENDATION: N/A STAFF RECOMMENDATION: Approve the purchase of firefighter bunker gear from Dooley Tackaberry through the Buyboard Cooperative. Page 1 of 1

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69 63,..., Cily of ~-.New Braunfels SUBJECT: Approval of the purchase of services for the New Braunfels Police Department from Lower Colorado River Authority (LCRA. BACKGROUND/RATIONALE: On November 13, 2006, Council approved an amendment to the LCRA contract for radio maintenance and installation services for the Police Department. This amendment provided for automatic one-year renewals unless terminated by either party with a 90-day notice. Although the contract automatically renews, the annual cost of the services exceeds $25,000. Therefore, Council approval is required for the actual purchase of services. This agenda item approves the $34,176 for the annual billing for the basic service maintenance agreement and other costs that may be incurred for additional services under this contract. To date, The Police Department has been satisfied with the services provided by LCRA.. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: N/A -/ Yes City Plan/Council Priority: Strategic Priorities: Maintain and review benchmarks for public safety services delivery. FISCAL IMPACT: Radio maintenance services from LCRA are a budgeted item in the FY adopted budget for the Police Department. BOARD/COMMISSION RECOMMENDATION: None STAFF RECOMMENDATION: Approval of the purchase of services for the New Braunfels Police Department from Lower Colorado River Authority (LCRA. Page 1 of 1

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71 65,.-,City of ~-..New Braunfels City Council Agenda Item Report November 22, Agenda Item No.3-~~ Presenter/Contact - Alan Wayland, City Attorney Clarence West, Contract Attorney ( awayland@nbtexas.org SUBJECT: Approval of the final reading of an Ordinance granting to Centerpoint Energy Resources Corp., DBA Centerpoint Energy Texas Gas Operations, the right, privilege and franchise to construct, install, extend, remove, replace, abandon, operate and maintain its facilities with the public rights-of-way of the City of New Braunfels, Texas for the transportation, delivery, sale, and distribution of natural gas; containing other provisions relating to the foregoing subject; providing for severability and providing an effective date. BACKGROUND/RATIONALE: The City of New Braunfels' ("City" current gas franchise with CenterPoint was adopted on October 4, 2002 (Ordinance No with a term of 10 years. The proposed CenterPoint Gas Franchise will repeal and replace the current franchise (Section 22. The proposed CenterPoint Gas Franchise is virtually identical to the franchise I have presented to other cities in the last few years. This gas franchise is CenterPoint's "standard" franchise, with the terms unchanged city-to-city at this point, unless required by particular City Charter provisions, which due to provisions in the New Braunfels Charter, the City does not allow the "standard" CenterPoint proposed term of 30 years, but a maximum of 20 years, per the City Charter. Summary o~ Franchise Key Sections: 5% franchise fee- The franchise increases the gas franchise fee to 5%, with the franchise fees payments being based on calendar quarters, paid 45 days after the end of the quarter. (Section 7. The franchise allows an audit, with a 3 year limitation on claims. (Section year term-the term of 20 years, while long, it is not unusual in gas or electric franchise agreements (Section 3. Police Power Reservation of Rights - The franchise ensures that the City retains all of its rights to regulate the rights-of-ways and the construction of facilities in its rights-of-way through its police powers. (Section 4-5, 11 and 14 Including Annexed Areas-Annexed areas are to be included in the franchise 60 days after notice from the City. (Section 8 Legal/Common/Forms/Agenda Item/ ReporU201 0/Centerpoint Gas Franchise Page 1 of2

72 66 Relocation of Utility Facilities at CenterPoint's Cost- The franchise provides that in the event that the City requires the relocation of gas utility facilities when "reasonably necessary on account of the widening, change of grade, or relocation by City of Streets or _ Public Rights-of-Way, or construction or relocation by City of City utility lines or drainage. facilities" then those gas facilities would be moved at the gas company's cost. (Section 13. (State law does allow this relocation cost to be recouped by CenterPoint Energy-Gas Operations in a "surcharge" as a direct pass-through" to the City's customers over a 1 to 3 year period. Indemnity of City- (Section 12 Termination and Compliance Enforcement Provisions - The franchise expressly provides that in the event there is noncompliance with the franchise after notice is given, that the City can terminate the franchise if the noncompliance is not cured. (Section 10. Jurisdiction over local gas rate case- The increase in the franchise fee is in exchange for the city surrendering its local original jurisdiction over gas rate cases at the city level, but the franchise does not change and does allow the city to fully participate and recover rate case expenses on gas rate cases involving the City at the Railroad Commission (Section 17. "Section 17 provides "Notwithstanding the above surrender of the City's exclusive original jurisdiction... such surrender shall not affect in any manner the City's rights and privileges pursuant to the provisions of the Gas Utility Regulatory Act as currently enacted, or as amended, or in any successor legislation, or as otherwise provided at Jaw for the City to both participate in any ratemaking proceeding at the Railroad Commission of Texas which affects the City's gas rates, and to recover from the Company any reasonable expenses incurred by the City in its participation in such a ratemaking proceeding as provided for in law." Gas Utility Regulatory Act (GURA, Section provides that the city has standing before the Railroad Commission for each case "that relates to a gas utility's rates and service in the municipality." And that the City may appeal such an order, per GURA, Section , and as provided in GURA, Section And in both instances would be entitled to reimbursement "from the Company any reasonable expenses incurred by the City in its participation in such a ratemaking proceeding", per GURA, Section After the franchise is adopted, under GURA, Section (a, as the Railroad Commission will then have "original jurisdiction" over gas rate cases, it is the entity which CenterPoint will file any future "statement of intent to increase rates" at least 35 days before the effective date of the proposed increase, with a copy of the statement of intent being contemporaneously provided to the City, per GURA, Section (b." This item was approved unanimously at the City Council's October 11th and October 25th meetings. Since the City Charter requires 30 days to lapse between first and final reading of franchise ordinances, one more reading is required. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: I X IN/A Legal/Common/Forms/Agenda Item/ Report/201 0/Centerpoint Gas Franchise Page 2 of2

73 67 Yes City Plan/Council Priority: Objective 7: Maintain fiscal stability of City operations. FISCAL IMPACT: Net Gain to City in Franchise fees under proposed. franchise based on 2009 information: $185, BOARD/COMMISSION RECOMMENDATION: N/A. STAFF RECOMMENDATION: Staff recommends approval. Legal/Common/Forms/Agenda Item/ Report/201 0/Centerpoint Gas Franchise Page 3 of2

74 68 CITY OF NEW BRAUNFELS ORDINANCE NO AN ORDINANCE GRANTING TO CENTERPOINT ENERGY RESOURCES CORP., DBA CENTERPOINT ENERGY TEXAS GAS OPERATIONS, THE RIGHT, PRIVILEGE AND FRANCHISE TO CONSTRUCT, INSTALL, EXTEND, REMOVE, REPLACE, ABANDON, OPERATE AND MAINTAIN ITS FACILITIES WITIDN THE PUBLIC RIGHTS-OF-WAY OF THE CITY OF NEW BRAUNFELS, TEXAS FOR THE TRANSPORTATION, DELIVERY, SALE AND DISTRIBUTION OF NATURAL GAS; CONTAINING OTHER PROVISIONS RELATING TO THE FOREGOING SUBJECT; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS: Section 1. GRANT OF AUTHORITY. Subject to the terms, conditions and provisions of this ordinance, the right, privilege and franchise is hereby granted to CenterPoint Energy Resources Corp., DBA CenterPoint Energy Texas Gas Operations, hereinafter called "Company", to construct, install, extend, remove, replace, abandon, operate and maintain its facilities within the Public Rights-of-Way of the City of New Braunfels, Texas for the transportation, delivery, sale and distribution of natural gas within the corporate limits of the City ofnew Braunfels, as the same are now and as the same may from time to time be extended. Section 2. DEFINITIONS. A. "City" shall mean the City ofnew Braunfels, Texas. B. "Company" shall mean CenterPoint Energy Resources Corp., DBA CenterPoint Energy Texas Gas Operations, a Delaware Corporation, and shall not mean any of its affiliates and subsidiaries who shall have no right, privilege or franchise granted hereunder. C. "Facilities" shall mean pipes, pipelines, natural gas mains, laterals, feeders, regulators, meters, fixtures, connections and attachments and other instrumentalities and appurtenances, used in or incident to providing transportation, distribution, supply and sales of natural gas for heating, lighting, power and any other purposes for which natural gas may now or hereafter be used. D. "Public Rights-of-Way" shall mean the areas in, under, upon, over, across, and along any and all of the present and future Streets or streams now or hereafter owned or controlled by City. E. "Street" shall mean the surface and the space above and below any public street, road, highway, alley, bridge, sidewalk, or other public place or way. Section 3. TERM OF FRANCHISE. This Franchise shall become effective on the Effective Date described in Section 21 and shall be in full force and effect for a term of 20 years. Section 4. CONSTRUCTION AND MAINTENANCE OF NATURAL GAS DISTRIBUTION SYSTEM. All Facilities installed by Company shall be of sound material and good

75 69 quality, and shall be laid so that they will not interfere with the artificial drainage of the City or its underground fixtures, or with navigation in or the natural drainage of any stream. All Facilities shall be installed in accordance with applicable Federal, State and City regulations and in the absence of such regulations in accordance with accepted industry practice. Within the Public Rights-of-Way, the location and route of the Facilities by the Company shall be subject to the reasonable and proper regulation, direction and control of the City or the City official to whom such duties have been delegated. Such regulation shall include, but not be limited to, the right to require in writing to the extent provided in Section 13 the relocation of Company's Facilities at Company's cost within the Public Rights-of-Way of the City whenever such relocation shall be reasonably necessary to accommodate the widening, change of grade, or relocation by City of Streets or Public Rights-of-Way, or construction or relocation by City of City utility lines or drainage facilities. The Company and the City shall work together to develop a procedure under which Company shall make available to the City maps showing the location of Company's Facilities within the corporate limits of the City. Section 5. STREETS TO BE RESTORED TO GOOD CONDITION. Company and its contractors shall give City reasonable notice, of the dates, location and nature of all work to be performed on its Facilities within the Public Rights-of-Way. This Franchise shall constitute a permit to perform all work on Company's Facilities within the Public Rights-of-Way and to park vehicles in the Streets and other Public Rights-of- Way when necessary for the installation, replacement, abandonment, operation or maintenance of Company's Facilities. Company and contractors performing work for Company shall not be required to obtain any permits in addition to the Franchise or to pay any fee in addition to the franchise fee in order to perform work on Company's Facilities, or park within the Streets and other Public Rights-of-Way. Following completion of work in the Public Rights-of-Way, Company shall repair the affected Public Rights-of-Way as soon as possible, but in all cases Company shall comply with all City ordinances governing time periods and standards relating to excavating in the Public Rights-of-Way. No street, alley, highway or public place shall be encumbered for a longer period than shall be necessary to execute the work. Section 6. QUALITY OF SERVICE. The service furnished hereunder to the City and its inhabitants shall be in accordance with the quality of service rules of the Railroad Commission of Texas and all other applicable local, state and federal regulations. Company shall furnish the grade of service to its customers as provided by its rate schedules and shall maintain its system in reasonable operating condition during the continuance of this Franchise. An exception to this requirement is automatically in effect, but only for so long as is necessary, when caused by a shortage in materials, supplies and equipment beyond the control of the Company as a result of fires, strikes, riots, storms, floods and other casualties, governmental regulations, limitations and restrictions as to the use and availability of materials, supplies and equipment and as to the use of the services, and unforeseeable and unusual demands for service. In any of such events the Company shall do all things reasonably within its power to restore normal service as quickly as practicable. Section 7. PAYMENT TO THE CITY. In consideration of the rights and privileges herein granted, the administration of the Franchise by the City, the temporary interference with the use of Public Rights-of-Way and cost and obligations undertaken by the city in relation thereto and in lieu of any license, charge, fee, street or alley rental or other character of charge for use and occupancy of the Streets, alleys, and public places of the City, and in lieu of any inspection fee, the Company agrees to pay to the City franchise fees in the amount and manner described herein.

76 70 Company agrees to pay to the City quarterly during the continuance of this Franchise a sum of money equal to five percent (5% of the Company's gross receipts for the preceding calendar quarter received by the Company from the sale of gas within the corporate limits of the City plus seven cents (7 per Mcf for natural gas transported by Company for its Transport Customers during such quarter. "Transport Customer" means any person or entity for whom Company transports gas through the distribution system of Company within the corporate limits of City for consumption within the corporate limits of City. The franchise fees hereunder shall be calculated for the calendar quarters ending March 31, June 30, September 30, and December 31 and shall be payable on or before the fifteenth day of May, August, November, and February following the quarter for which payment is made, beginning with the first such date following the Effective Date of this Franchise and each August 15th, November 15th, February 15th, and May 15th thereafter; provided, however, the first such payment shall be prorated as necessary to reflect only those gross receipts received and transportation volumes delivered by Company after the Effective Date of this Franchise. In no event shall the Company be required to remit to the City franchise fee amounts that for any reason whatsoever are not fully recoverable from its customers. Upon receipt of the above amount of money, the City Secretary shall deliver to the Company a receipt for such amount. If any payment due date required herein falls on a weekend or bank holiday, payment shall be made on or before the close of business of the first working day after the payment due date. Section 8. ANNEXATIONS BY CITY. This Franchise shall extend to and include any and all territory that is annexed by the City during the term of this Franchise. Within sixty (60 days from the receipt of notice from the City of any such annexation, the Company shall assure that any and all customers within such annexed territory are included and shown on its accounting system as being within the corporate limits of the City ofnew Braunfels. After such sixty (60 day period the payment provisions specified in Section 7 of this Franchise shall apply to gross receipts received by the Company from customers located within such annexed territory. Company shall true-up its map of City boundaries to the City's map on an annual basis. Section 9. NON-EXCLUSIVE FRANCIDSE. Nothing contained in this Franchise shall ever be construed as conferring upon the Company any exclusive rights or privileges of any nature whatsoever. Section 10. COMPLIANCE AND REMEDIES. (a In the event the Company by act or omission violates any material term, condition or provision of this Franchise, the City shall notify the Company in writing of such violation. Should the Company fail or refuse to correct any such violation within thirty (30 days from the date of City's notice, the City shall, upon written notification to the Company, have the right to terminate this agreement. Any such termination and cancellation shall be by ordinance adopted by City Council; provided, however, before any such ordinance is adopted, the Company must be given at least sixty (60 days' advance written notice. Such notice shall set forth the causes and reasons for the proposed termination and cancellation, shall advise the Company that it will be provided an opportunity to be heard by City Council regarding such proposed action before any such action is taken and shall set forth the time, date and place of the hearing. (b Other than its failure, refusal or inability to pay its debts and obligations, including, specifically, the payments to the City required by this Franchise, the Company shall not be declared in default or be subject to any sanction under any provision of this Franchise in those cases in which performance of such provision is prevented by reasons beyond its control.

77 71 (c The rights and remedies of City and Company set forth herein shall be in addition to, and not in limitation of, any other rights and remedies provided at law or in equity and City's exercise of any particular remedy shall not constitute a waiver of its rights to exercise any other remedy. Section 11. RESERVE OF POWERS. Except as otherwise provided in this Franchise, the City by the granting of this Franchise does not surrender or to any extent lose, waive, impair or lessen the lawful powers, claims and rights, now or hereafter vested in the City under the Constitution and statutes of the State of Texas and under the Charter and Ordinances of the City of New Braunfels or other applicable law, to regulate public utilities within the City and to regulate the use of the Streets by the Company; and the Company by its acceptance of this Franchise agrees that, except as otherwise provided in this Franchise, all lawful powers and rights, whether regulatory or otherwise, as are or as may be from time to time vested in or reserved to the City, shall be in full force and effect and subject to the exercise thereof by the City at any time and from time to time. SECTION 12. INDEMNITY. THE COMPANY, ITS SUCCESSORS AND ASSIGNS, SHALL PROTECT AND HOLD THE CITY AND ITS OFFICERS, AGENTS, AND EMPLOYEES (COLLECTIVELY REFERRED TO IN THIS SECTION AS "THE CITY" HARMLESS AGAINST ANY AND ALL CLAIMS OR DEMANDS FOR DAMAGES TO ANY PERSON OR PROPERTY BY REASON OF THE CONSTRUCTION AND MAINTENANCE OF THE COMPANY'S NATURAL GAS DISTRIBUTION SYSTEM, OR IN ANY WAY GROWING OUT OF THE RIGHTS GRANTED BY THIS FRANCIDSE, EITHER DIRECTLY OR INDIRECTLY, OR BY REASON OF ANY ACT, NEGLIGENCE OR NONFEASANCE OF THE COMPANY OR THE CONTRACTORS, AGENTS OR EMPLOYEES OF THE COMPANY OR ITS SUCCESSORS AND ASSIGNS, AND SHALL REFUND TO THE CITY ALL SUMS WHICH THE CITY MAY BE ADJUDGED TO PAY ON ANY SUCH CLAIM, OR WHICH MAY ARISE OR GROW OUT OF THE EXERCISE OF THE RIGHTS AND PRIVILEGES HEREBY GRANTED OR BY THE ABUSE THEREOF, AND THE COMPANY OR ITS SUCCESSORS AND ASSIGNS SHALL INDEMNIFY AND HOLD THE CITY HARMLESS FROM AND ON ACCOUNT OF ALL DAMAGES, COSTS, EXPENSES, ACTIONS, AND CAUSES OF ACTION THAT MAY ACCRUE TO OR BE BROUGHT BY, A PERSON, PERSONS, COMPANY OR COMPANIES AT ANY TIME HEREAFTER BY REASON OF THE EXERCISE OF THE RIGHTS AND PRIVILEGES HEREBY GRANTED, OR OF THE ABUSE THEREOF. Section 13. RELOCATION OF FACILITIES. The Company shall, upon written request of the City, relocate its Facilities within Public Rights-of-Way at Company's own expense, exclusive of Facilities installed for service directly to City, whenever such shall be reasonably necessary on account of the widening, change of grade, or relocation by City of Streets or Public Rights-of-Way, or construction or relocation by City of City utility lines or drainage facilities. City shall bear the costs of all relocations of Facilities installed for service directly to City and of any relocation of other Facilities requested by City for reasons other than the widening, change of grade, or relocation by City of Streets or Public Rights-of-Way, or construction or relocation by the City of City utility lines or drainage facilities.

78 72 Section 14. GOVERNMENTAL FUNCTION. All ofthe regulations and activities required by this Franchise are hereby declared to be governmental and for the health, safety and welfare of the general public. Section 15. RECORDS AND REPORTS. (a Books of Account. The Company shall keep complete and accurate books of accounts and records of its business and operations under and in connection with this Franchise. All such books of accounts and records shall be kept at the company's principal office in Houston, Texas. (b Access by City. The City may conduct an audit or other inquiry or may pursue a cause of action in relation to the payment of the franchise fee only if such audit, inquiry, or pursuit of a cause of action concerns a payment made less than three (3 years before the commencement of such audit, inquiry, or pursuit of a cause of action. Each party shall bear its own costs of any such audit or inquiry. Upon receipt of a written request from the City, all books and records related to Company's operations under this Franchise shall be made available for inspection and copying no later than thirty (30 days from receipt of such request. (c Interest on Underpayments and Overpayments. (1 Amounts due to City for late payments shall include interest, compounded daily equal to the return on equity plus three percent (3% granted to the Company in its most recent proceeding fixing rates applicable to customers within the corporate limits of the City. (2 If the City identifies, as a result of a franchise fee compliance review, amounts owed by the Company from prior periods or prior underpayments, then the Company shall pay simple interest on such amounts equal to the return on equity granted to the Company in its most recent proceeding fixing rates applicable to customers within the corporate limits of the City. Said interest shall be payable on such sums from the date the initial payment was due until it is paid and shall not be billed to customers. (3 Amounts due Company for past overpayments shall include simple interest equal to the return on equity granted to the Company in its most recent proceeding fixing rates applicable to customers within the corporate limits of the City; provided, however, if there is a change in the approved return on equity during the time period subject to the City's audit or inquiry, then for each time period during which there was an overpayment, the approved return on equity in effect during such time period shall be used in calculating interest under this subparagraph (c. Interest payable on such sums shall be credited to customers. Section 16. EASEMENT. In consideration for the compensation set forth in Section 7, City agrees that if City sells, conveys, or surrenders possession of any portion of the Public Right-of-Way that is being used by Company pursuant to this Franchise, City, to the maximum extent of its right to do so, shall first grant Company an easement for such use and the sale, conveyance, or surrender of possession ofthe Public Right-of-Way shall be subject to the right and continued use of Company. Section 17. ORIGINAL JURISDICTION OVER RATES AND SERVICES. Pursuant to Section of the Gas Utility Regulatory Act, the City hereby elects to surrender to the Railroad Commission of Texas the City's exclusive original jurisdiction over the rates, operations and services of the Company effective as of the Effective Date of this Franchise and for the term of this Franchise. Notwithstanding the above surrender of the City's exclusive original jurisdiction over the rates, operations and services of the Company, such surrender shall not affect in any manner the City's rights and privileges pursuant to the provisions of the Gas Utility Regulatory Act as currently enacted, or as

79 73 amended, or in any successor legislation, or as otherwise provided at law for the City to both participate in any ratemaking proceeding at the Railroad Commission of Texas which affects the City's gas rates, and to recover from the Company any reasonable expenses incurred by the City in its participation in such a ratemaking proceeding as provided for in law. Section 18. ACCEPTANCE. The Company shall, within thirty (30 days following the final passage and approval of this Franchise, file with the City Secretary of the City of New Braunfels a written statement signed in its name and behalf in the following form: "To the Honorable Mayor: and City Council of the City of New Braunfels: CenterPoint Energy Resources Corp., DBA CenterPoint Energy Texas Gas Operations, its successors and assigns, hereby accepts the attached Franchise Ordinance and agrees to be bound by all of its terms and provisions." Dated this day of ;2010. CENTERPOINT ENERGY RESOURCES CORP., DBA CENTERPOINT ENERGY TEXAS GAS OPERATIONS By: Scott E. Doyle, Vice President - Regional Operations Section 19. SEVERABILITY. If any provision, section, subsection, sentence, clause or phrase of this Franchise is for any reason held to be unconstitutional, void, or invalid or for any reason unenforceable, the validity of the remaining portions of this Franchise shall not be affected thereby, it being the intent the City of New Braunfels in adopting this Franchise that no portion hereof or provision hereof shall become inoperative or fail by reason of any unconstitutionality or invalidity of any other portion, provision or regulation and, to this end, all provisions of this ordinance are declared to be severable. Section 20. NOTICES. Every notice, order, petition, documents or other direction or communication to be served upon the City or the Company shall be deemed sufficiently given if sent by registered or certified mail, return receipt requested. Every such communication to the Company shall be sent to: CenterPoint Energy Resources Corp. Vice President Regulatory Relations PO Box 4567 Houston, TX With a copy to: General Counsel, Gas Division PO Box 2628 Houston, TX

80 74 Every such communication to the City or the City Council shall be sent to the: Mayor of New Braunfels P.O. Box S. Castell Avenue New Braunfels, Texas With a Copy to: City Manager P.O. Box S. Castell Avenue New Braunfels, Texas Section 21. PUBLICATION, PASSAGE AND EFFECTIVE DATE. This Franchise, having been published, shall take effect and be in force from and after the first day of the month following thirty days after receipt by the Company's acceptance filed pursuant to Section 18 ("Effective Date". The Company shall pay the cost of those publications and any costs associated with any elections held regarding this Franchise. Section 22. REPEAL OF PREVIOUS ORDINANCES. This Franchise replaces the Franchise agreement with the Company, dated October, 14, 2002, granted by City of New Braunfels, Texas Ordinance No which ordinance is hereby repealed as of the Effective Date of this Franchise. Any claims of City or Company thereunder are hereby waived. Read in full on a first reading at a regular meeting of the City Council ofnew Braunfels, Texas, on the day of, 2010, and approved by the Mayor. Read in full and passed and adopted on the second and fmal reading at a regular meeting of the City Council of New Braunfels, Texas, on the day of, 2010, and approved by the Mayor. APPROVED: ATTEST: MAYOR OF THE CITY OF NEW BRAUNFELS, TEXAS CITY SECRETARY OF NEW BRAUNFELS, TEXAS

81 75 THE STATE OF TEXAS COUNTY OF COMAL I, the duly appointed, qualified and acting City Secretary of New Braunfels, Texas, do hereby certify that the above and foregoing ordinance was passed on first reading at a regular meeting of the City Council of said New Braunfels, Texas, held on the day of, 2010; that written notice of the date, place and subject of said meeting was posted on a bulletin board located at a place convenient to the public in the City Hall for at least 72 hours preceding the day of said meeting; that the Mayor ' and seven (7 Council members: were present at said meeting and acted as the Council throughout, that the above and was passed and adopted on second reading at a regular meeting of the City Council of said New Braunfels, Texas, held on the day of, 2010; that written notice ofthe date, place and subject of said meeting was posted on a bulletin board located at a place convenient to the public in the City Hall for at least 72 hours preceding the day of said meeting; that the Mayor and seven (7 Council members: ~. ''

82 76 were present at said meeting and acted as the Council throughout; that the full text of the ordinance was published on the day(s of once each week for (4 four consecutive weeks in the , which is the official newspaper of the city of New Braunfels; that the same has been signed and approved by the Mayor and is duly attested by the City Secretary; and that the same has been duly filed with the City Secretary and recorded by the City Secretary in full in the books kept for the purpose of recording the ordinances of the City of New Braunfels. EXECUTED under my hand and the official seal of the seal of the City of New Braunfels, Texas at said City, this the day of, [SEAL] City Secretary City ofnew Braunfels, Texas

83 f',city of ~U New Braunfels City Council Agenda Item Report "' ;;--- NOVEMBER 22, 2010 Agenda Item No. 3 -, t< Presenter I Contact- Shannon Mattingly, Planning Director ( smattingly@nbtexas.org SUBJECT: Approval of the second and final reading of an ordinance granting a Special Use Permit for acres out of the A.M. Esnaurizar Survey, located on SH 46 South, adjacent to Stone Gate Subdivision, to allow a maximum density of 16 units per acre in an "R-3L" Multifamily Low Density District. APPLICANT/OWNER: Brass Real Estate Growth Fund IV, LP San Pedro, Suite 450 San Antonio, TX BACKGROUND/RATIONALE: In 2002, the project site (1 0 acres was rezoned to "R-3L" Multifamily Low Density District and a Special Use Permit was approved to allow up to 18 dwelling units per acre. The verbiage in the 2002 ordinance stated "should said use cease to be, for a period of twelve month~. the property shall revert to existing zoning of R-3L". No activity has taken place for eight years, therefore the SUP is considered void. The applicant reapplied for the same Special Use Permit in July of last year and the Planning Commission recommended approval. More than 20% of the notified area was in opposition of the SUP request; therefore, a super-majority vote was required at City Council. Council passed the first reading of the ordinance on August 24, 2009 but the application did not pass at the second reading. The applicant is now requesting a Special Use Permit on acres of the 10 acre tract to allow up to 16 dwelling units per acre. The remaining acres of the 10 acre tract will be developed within the current restrictions of the R-3L density limitations, 12 units an acre. The proposed project site plan consists of 6 multifamily residential buildings. Buildings 5 and 6 are not part of the SUP but are on the site plan and will comply with the density restrictions of the R-3L district, 12 dwelling units per acre. The acres considered under the current application consists of buildings 1-4, which will exceed 12 units an acre. The applicant is requesting to be allowed a maximum density of up to 16 dwelling units per acre. The SUP application has been submitted as a Type II, which includes adoption of the site plan. The City Council held a public hearing and approved the first reading of the SUP ordinance on November 8, Page 1 of3

84 78 A Special Use Permit may be granted to allow compatible and orderly development which may be suitable only if developed in a specific way or only for a limited period of time. The request should be evaluated on the extent to which the proposed use:..---, is consistent with policies of the Comprehensive Plan; is consistent with the purpose and intent of zoning district regulations; meets all supplemental standards; and preserves the character and integrity of adjacent development and neighborhoods. GENERAL INFORMATION: Case No.: Size: Surrounding Zoning and Land Use: Comprehensive Plan/ Future Land Use Designation: lmprovement(s: PZ acres North - APD, R-2A I Residential, Agricultural South - R-2 I Vacant and Agricultural East- R-2, APD I Residential and Agricultural West- R-2, C-1A I Residential and Vacant Commercial None Notification: Public hearing notices were sent to 20 property owners located within 200 feet. Five responses have been returned in opposition from #'s 8, 10, 14, 16 and 20. Two responses have been returned in favor from #'s 2 and 4. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: Yes City Plan/Council Priority: 2006 Comprehensive Plan Pros and Cons Based on Pofictes Plan Pros: Goal 1A Evaluate proposed zone changes to maintain land use compatibility, as well as the integration of mixed land uses as a component of achieving better places to live. The property is located in an area where there is currently mixed zoning. Goal 19C Locate high density residential development (more than 12 units per acre in areas with direct access to arterial roadways. The property is located on SH 46, a major arterial. Cons: None. Page 2 of3

85 fiscal IMPACT: N/A BOARD/COMMISSION RECOMMENDATION: The Planning Commission held a public hearing on October 12, 2010 and unanimously recommended approval of the Special Use Permit in the "R-3L" Multifamily Low Density District to a allow a maximum density of 16 dwelling units per acre. (9-0-0 STAFF RECOMMENDATION: Staff recommends approval of the proposed Special Use Permit, which is compatible with the mix of existing commercial and residential development adjacent to SH 46 South of IH 35, and will act as a buffer between the single-family residentially zoned properties to the north and northeast and the commercially zoned property adjacent to SH46. ATTACHMENTS: 1. Application 2. Zoning Map 3. Existing Land Use Map 4. Future Land Use Map 5. Aerial Map 6. Notification Map 7. Survey 8. Site Plan 9. Site Plan with SUP Boundaries Approved SUP Site Plan Proposed Site Plan 12. Sec. 3.6 "Special Use Permits" 13. Excerpt from Planning Commission Minutes of October 12, U:\Pianning\CCagenda\ZoneChgs&SUP\Gillette Holdings SUP O.doc Page 3 of3

86 80 "" J.. City of ~... New Braunfels APPLICATION FOR SPECIAL USE PERMIT 424 S. CASTELL AVENUE NEW BRAUNFELS TX p/anning(jli.nbtexas.org PHONE: ( FAX: (R 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 ~h.1..:-r-r~ Hot..1>t"'C"S Mailing Address rooro ~~f'f~.c.o S1At1t<- 4SO St\r- AN,.ONIO. '\,( J~~l(p ; Telephone:'Zio 3\(o >"$"00 Fax: tro "fl\0( S'l.f'\S' Mobile: t1o ~%~,II'\ IW'l~fftlt.lt:..tLfo~n@ M#\~:L Property Address/Location: Hw~ l{(o ~f\s"( MA'f 11./ (Q"-A'2.0~,-~ 4"t'Z.-u 1 it:mi- ft>'{ A1" ~ to i\1\ Legal Description: Name of Subdivision: A-t 0 S 'la ~- 1 AM ~ s N AlA~ l '2.. A~ 1 A c... 'I-f:'?. 7.(ff1.. A C.~.~ Lot(s: Block(s: Acreage: 1 ~01.- At-~fS 4. Existing Use of Property: /At.~ tmpttov& w a"ft\ Sor"'\~ s 1"it vjott.. l>~~fo@.mfi'd 5. Current Zoning:'.:.e, j:a S R- '3 L MIAVfl F~MtL~ ~OW 'Dtt-~S 11~ 1 ts1'1l1c..'f'' 6. Check if Proposed Special Use Permit is: Type 1 OR Type 2 ---"-fi.; Proposed Use of Property and/or Reason for request (attach additional or supporting information if necessary: Pe.opo~~'l:> 11\.t';,'E \S f'o1t ll\fl'~.t. Sc.Al~ MV\t.:T 1 FAMtt..~ ~ N~IG,I-\'&DtU \oq~ C.of'\1t"t!(C.. AL.. OWN f'tz. 1-:, R X1.1t;$ nrjc1.,.,.,. ::tnci'z ~~ ~,.:; To 1 ~ """' a 'T '$, 8. ATTACHMENTS: X. Metes and bounds description or survey and map if property is not platted. X X Map of property in relation to City limits/major roadways or surrounding area. If requesting a Type 2 Special Use Permit, applicant must attach a development/site plan as described on pages 2 and 3 of this application. For Office Use Only Amount --~~~--~ G 9 Sex-' Receipt No.: I g Date Received: '6/ c+ /10 Zoning signs issued: Date: No. _...,(~\..LJ Cash/Check Number:----'5'=--~=-::(p:...(e>:::..., Case Number: P_Z._I_0_-_3_~ U:\Pianning\Applications\Special Use Permit.DOC ATTACHMENT 1

87 CJ Parcels tz2l Subject 1:::11 County Line Zoning Districts -M-1 Zoning -B-1 -C-1 -APD 0R-1A6.6 DR-2 DR-2A litz!>yj R-3L -C-1A > -1 ~ 0 :I: 3: m z -1 N -C-18 -C-3 c=jpd r-:., City of ~-..New Braunfels PZ10-32 Gillette Holdings Acres on SH 46 South Special Use Permit for 16 Multifamily Units/Acre Map Created 8/6/10

88 ~Subject liiicounty Line... rcity Limits D Parcels Land Use D Residential Low Density (Less than 5 Units/Acre Residential High Density (12+ Un/Ac I Mobile Home Park ~ ~ 0 :I: :s:: m z """' w - Commercial -Open Space h ::,J Drainage ~,Cityof ~-.. New Braunfels..., r """'0' PZ10-32 Gillette Holdings ~cres on SH 46 South Special Use Pe: for 16 Multifamily Units/Acre.'J Map Created 8/6/1 o \.._,.

89 Legend I'Z2:J Subject D Parcels c:::lcounty Line i Residential Low Density Residential Mediaum/High Density., ~ :I: i: m z -1 ol:lo ~,City of ~-.. New Braunfels ( " ;;;- PZ10-32 Gillette Holdings Acres on SH 46 South Special Use Permit for 16 Multifamily Units/Acre Map Created 8/6/10

90 I Subject I Parcels,._,City of ~-.New Braunfels '-- ~~ PZ10-32 Gillette Holdings Acres on SH 46 South Special Use Per"~ for 16 Multifamily Units/Acre \.. j Map Created 8/6/1 0 l -~

91 85 PLANNING COMMISSION - SEPTEMBER 7, :00PM New Braunfels Municipal Building, Council Chambers Owner/Applicant: Address/Legal Description: Gillette Holdings acres located on the north side of SH 46 South, approximately 630 feet south of Stonegate Drive REQUEST FOR SPECIAL USE PERMIT- CASE #PZ The circled numbers on the map correspond to the property owners listed below. All information is from the Carnal Appraisal District Records. The property under consideration is marked as "SUBJECT". 1. Guadalupe River Ranch, LP 2. Brass Real Estate Growth Fund IV LP 3. Bundick, Lawrence & Joyce 4. Dirt Dealers X 5. Balouch, Brock 6. Alvizo, Manuel & Norma 7. Ruiz, Jose & Veronica Parra 8. Gray, Robert & Elena 9. Gribbon, Daniel & Teresa Anna Ruth Garcia 10. Michael, Ann 11. Molina, Matt & Melissa 12. Wallace, Raquel Edilia Calderon 13. Busse, Jeffrey & Susan Amorette Busse 14. Hunter, Keely 15. Groenke, Jeffrey & Diana 16. Bentura, Richard & Diana 17. Gilbreth, Michele 18. Tresi Partners, Ltd, Etal 19. Votta, Joseph Michael & Renee Laurene 20. Boydston, Leonard & Barbara SEE MAP ON REVERSE ATTACHMENT 6

92 CX Legend ~Subject c=j Parcels - County Line c:::j ~.~ 200' Notification Area r-_,cityof ~~New Braunfels ""' 4 ;;:;- \~/ PZ10-32 Gillette Holdings Acres on SH 46 South Special Use Perm- u 16 Multifamily Units/Acre \,_/.1283 J te Map Created 8/6/11

93 ..,._..,.. DEEDIPI.AT REFERENCE D.R. D.P.R. C.P.R.!'<CITES; II -~ DE:EO RECORDS Of GUAIAL\PE COUNTY, TEXI\S DEED AND PLAT RECORDS OF GUI\.DALUPE GOUNTY, TEXAS OFFICIAL PUBUC RECORDS (OFFICIAL PUBLIC RECORDS OF REAL PROP~RTY OF GUADALUPE COUNTY, TEXAS nte BEr\RINGS FOR TillS.SURVEY ARE 61\SF.D Cll'! TH~ NOR'Tii,\Ml:RICMI DATUM.OF 1q8l {'ORS 199&!. FROM THE ff.:xas COORDiNATE SYSTEM ESTABLISIIED FOR TilE SOUTII CENTRAl. 7.0NE. -~._ _.. I, o HiO 200 r- - I._.---' ( IN FEET 1 inch = 200 ft. 5 ""- e ,3 Sllll«W.lE SUBDIWiiClN UNIT 1 (Y(JL I. P!i. 811 W:P.It AC:RES ('IlL 7'11, PCS. 1ft8,..1:MII &.R, UNE TABLE line BEARING LENGTH Ll. N 5.3'43'40". E 216.:79' L2. N 58'50'08"' W 32~90' LJ N 53 45'06".E ' L4.S 32'43'.57" E. 3(,69' L5 N 53"1.8'21" E ti-47' ~ ~A ~~ ~.L. 0:-'~ ~~ q,~~~ 'C?-1:-~1 J,_ '& f'j~..._rl>. -;;?Vi ~~ 13~~ 5~~ <iis:i! ~~; "'"..r'!i. 01i'i ::15 ~~ co -..J ACRES {VOL 412..PGS. 3-6 D.R.} 0 ~A~~~ ~o~~~ & ~ ::1: s: m z P.4PIS D~W$.0N,.. EIIGINEERS r. IUU r J S»t NHCNO JaAS mtlf J ~ ~:~~= ;zu~ ~~~~ ~nt-4_'be!wi41et r.rmtt~'-"'g~""'jifl:t'spt!iijkji'it~oo J;hT ~ ~OJ If P.:~_pc.n-.. "'1'" ln!ciilct'~.1n1: All R_igl11.. RL1'crv:al AN EXHIBIT OF A ACRE, OR 331,143 SQUARE FEET MORE OR LESS, TRACT OF LAND OUT OF A 35,827 ACRE TRACT CONVEYED TO BRASS REAL ESTATE GROWTH FUNI IV, L.P., RECORDJ:;DJN VOLUME 1874, PAGES 670~675 Of THE OFFICIAL PUBLIC RECORDS OF REAL PROPERTY OF GUADALUPE COUNTY, TEXAS. JOB No.:

94 88.~ ATTACHMENT 8

95 89 SCALE: 1''= 200' I 0' 200' 400' 600' ~-r-... ' I - JOB NO. 7813=00 oė~ -:~~~--~ ~~ ~~ ~; ~~. :t DAlE sg J.A.Y2010 BAILY'S POND ~~ DESGNER ""' RE-ZONING SITE PLAN EXHIBIT ~ ;t CHEa<ED.J!L DRAWN _L_ :J~ 01 NBW BRAUNFELS, TEXAS = --~~shm~t~~~~~~~~~~~~~~~~~~~~~ 00CUJJ N1 PROOUCED FRON lia~iat rhat WAS SfOR D AHO~ a CIROYICAUY ANO.UAY HA\IE' 555 AS B!l PAPE-DAWSON 1 1M ENGINEERS ATTACHMENT 9

96 -.., i (--BADIIT PO..U~\ \ SITEPLAN '-. CITY OF NEW BRAUNFELS, TEXAS Sl.f TO EIGHT FOOT FENCE AROUND ENTIRE SITE 2'11/iT IS ADAJACEN2' TO SINGLE FAMILY.IND TWO FAMILY ZONING. ADDITIONAL LANDSCAPING WILL BE: INSTALLED IN THIS AREA..ICCESS TD ADJiiCENT TRtiC'I'S TD BE PROVIDED 1'1.~ PROJEC2' ROADWAI. ~o.rep.~r t.,,s-.,o4f. "DI.: -tp;'c..r.,:,., ~.l'olil>\'~.llg -i't:\',rt':._!.":tse'ing a.nd proposed. &rea.:s a.ra"nd site. Tutol area of site Ac. Survey by IYILLIAM J. KOLOOZIE SURVEYING CO. OArED 3/14/00 Land use is multi family ond commercial. Si~e has an existing tank which will remain. total parking shown is 289 spaces There will be a mix of 1.2 and 3 bedroon units the finial building alacotlan Is not camp1ole at lhis time. 22 eight unit buildings arc proposed = t 68 uni~ :::~:: :~:: ~~ ~':!!~~~:t~r ~-~ 0 Ac~c. We propose to have NBU provide all ulllily service. Ca:1lours ure approximate and were taken from USGS map. :r: a: 0 z' ~~~~,P~~ve si'~y,!~' "'.;a'-'= ~~~ ~... ~~ "'.P:I\~..,.... p ~ ~ ~~~ g."o.s' J'~o ~,ll' C:J~~ ~~";[!," &!#:~ l';,.~i ~t Y cal. lre ~ 1 1/2'' ccl.l tre~ ' -..._/ ld ~ -... ~"/ PROPBR'f'Y IJHE ~ ~ :I: 3: m z ~..a. 0 OVERHEAD EU:C'I'RIC LINE WI'/'HIN A so WIDE EASEIIEN2' TO LC/U.!YATER LINE WITHIN A 20' IYIDEI EASEME:NT TO NEW BRAUNFELS UTILITIES. Pteparcd by: Land Dcveloplllllnt Service Bmesvlew Ste1201 SB!l Antonio, Texas j fax ~6,'"'-".'-/. -.._../.

97 91 lihm~hm~~~~m+~~~~+h~~h+jh~~~~h } ~ _j IL w<n t-es ti~ oci Z-' 0~ IL~ <.f<( >--~ Ul 3 _j <[ en ATTACHMENT 11

98 Special Use Permits 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 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 Standards. When considering applications for a special use permit, the Planning Commission in making its recommendation and the City Council in rendering its decision on the application shall, on the basis of the site plan, if a Type 2, and other information submitted, evaluate the impact of the special use on, and the compatibility of the use with, surrounding properties and neighborhoods to ensure the appropriateness of the use at a particular location. The Planning Commission and the City Council shall specifically consider the extent to which: (a Comprehensive plan consistency. The proposed use at the specified location is consistent with the goals, objectives and policies contained in the adopted Comprehensive Plan; (b Zoning district consistency. The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations; (c Supplemental Standards. The proposed use meets all supplemental standards specifically applicable to the use as set forth in this Chapter; (d Character and integrity. The proposed use is compatible with and preserves the character and integrity of adjacent development and neighborhoods and, as required by the particular circumstances. A Type 2 Special Use Permit may include improvements or modifications either on-site or within the public rights-of-way to mitigate development-related adverse impacts, including but not limited to: (1 Adequate ingress and egress to property and proposed structures thereon with particular reference to vehicular and pedestrian safety and convenience, and access in case of fire; (2 Off-street parking and loading areas; (3 Refuse and service areas; (4 Utilities with reference to location, availability, and compatibility; ATTACHMENT12

99 93 (5 Screening and buffering, features to minimize visual impacts, and/or set-backs from adjacent uses; (6 Control of signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district; (7 Required yards and open space; (8 Height and bulk of structures; (9 Hours of operation; (10 Paving of streets, alleys, and sidewalks, ( 11 Provisions for drainage, (12 Exterior construction material and building design; and (13 Roadway adjustments, traffic control devices or mechanisms, and access restrictions to control traffic flow or divert traffic as may be needed to reduce or eliminate development-generated traffic on neighborhood streets. (e Public health, safety, convenience and welfare. The proposed use is not materially detrimental to the public health, safety, convenience and welfare, or results in material damage or prejudice to other property in the vicinity 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 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

100 9 1 (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 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 Telecommunications towers and/or antennas. See Sec 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.

101 Special Use Permits 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 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 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;

102 96 (5 Screening and buffering, features to minimize visual impacts, and/or set-backs from adjacent uses; (6 Control of signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district; (7 Required yards and open space; (8 Height and bulk of structures; (9 Hours of operation; (10 Paving of streets, alleys, and sidewalks, (11 Provisions for drainage, (12 Exterior construction material and building design; and (13 Roadway adjustments, traffic control devices or mechanisms, and access restrictions to control traffic flow or divert traffic as may be needed to reduce or eliminate development-generated traffic on neighborhood streets. (e Public health, safety, convenience and welfare. The proposed use is not materially detrimental to the public health, safety, convenience and welfare, or results in material damage or prejudice to other property in the vicinity 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 Revocation. The SUP for a Type 1 permit may be considered for revocation if a use other than the use approved in the SUP or in the underlying zoning district is developed or other stated requirements are not met. The SUP for a Type 2 permit niay be considered for revocation for the following reasons: (a Construction is not begun within five years of the date of approval of the permit. (b Progress toward completion is not being made. Progress toward completion includes the following: (1 An application for a final plat is submitted; (2 A good faith effort is made to file with a regulatory agency an application for a permit necessary to begin or continue completion of the project; (3 Costs have been incurred for developing the project including, without limitation, costs associated with roadway, utility, and other infrastructure facilities designed to serve in whole or in part, the project (but exclusive of land acquisition in the aggregate amount of 5% of the most recent appraised market value of the real property on which the project is located; (4 Security is posted with the city to ensure performance of an obligation required by the city; or

103 97 (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 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 Telecommunications towers and/or antennas. See Sec 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.

104 98 EXCERPT FROM PLANNING COMMISSION MINUTES OF OCTOBER DRAFT PUBLIC HEARINGS Case PZ10-32: Public hearing and recommendation to City Council regarding the proposed Special Use Permit for acres out the A.M. Esnaurizar Survey, located on SH 46 South, adjacent to Stone Gate Subdivision, to allow a maximum density of 16 units per acre in an "R-3L" Multifamily Low Density District. (Brass Real Estate Growth Fund IV, LP Mr. Greene briefed the Commission on the history of the development. He noted that 20 notices were sent to property owners within 200 ft. of the subject property; two responses were received in favor of the Special Use Permit (#2 and 4 and five in opposition (#8, 10, 14, 16 and 20. He concluded by stating that staff recommended approval of the proposed Special Use Permit, which was compatible with the mix of existing commercial and residential development adjacent to SH 46 South of IH 35, and would act as a buffer between the single-family residentially zoned properties to the north and northeast and the commercially zoned property adjacent to SH 46. ' Chair Casteel asked if there was anyone to speak in favor of the Special Use Permit. Mario Gonzales, 103 Teich Loop, spoke for the developer. He reported that a drainage study had been conducted and the developer had worked with neighbors to address drainage and buffering issues. Chair Casteel asked if anyone wished to speak in opposition. No one spoke. A motion to close the public hearing was made by Vice Chair Elrod, seconded by Commissioner Namken, and passed unanimously. (9-0-0 Motion by Commissioner Bearden, seconded by Commissioner Hoyt, that Case PZ be forwarded to City Council with a recommendation to approve. The motion carried unanimously. (9-0-0 ATTACHMENT13

105 99 ORDINANCE NO AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR ACRES OUT OF THE A.M. ESNAURIZAR SURVEY, LOCATED ON SH 46 SOUTH, ADJACENT TO STONE GATE SUBVDIVISION, TO ALLOW A MAXIMUM DENSITY OF 16 UNITS PER ACRE IN AN "R-3L" MULTIFAMILY LOW DENSITY DISTRICT; ; REPEALING ALL ORDINANCES IN CONFLICT; 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 site plan delineating those requirements cited in Sections 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 acres out of the A.M. Esnaurizar Survey, located on SH 46 South, adjacent to Stone Gate Subdivision, to allow a maximum density of 16 units per acre in an "R-3" Multifamily Low Density District; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS: SECTION 1 THAT Sections 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 acres out of the A.M. Esnaurizar Survey, located on SH 46 South, adjacent to Stone Gate Subdivision, as described in Exhibit "A" and delineated in Exhibit "B", to allow a maximum density of 16 units per acre in an "R-3" Multifamily Low Density District." SECTION 2 THAT the site plan attached as Exhibit "C" is herewith adopted as part of the Special Use Permit. SECTION 3 THAT all provisions of the Code of Ordinances of the City of New Braunfels not herein amended or repealed shall remain in full force and effect.

106 100 SECTION4 THAT all other ordinances, or parts of ordinances, in conflict herewith are hereby repealed to the extent that they are in conflict. SECTION 5 THAT if any provisions of this ordinance shall be held void or unconstitutional, it is hereby provided that all other parts of the same which are not held void or unconstitutional shall remain in full force and effect. SECTION 6 THIS ordinance will take effect upon the second and final reading of same. PASSED AND APPROVED: First Reading this the 8 1 h day of November, PASSED AND APPROVED: Second Reading this the 22"d day of November, CITY OF NEW BRAUNFELS ATTEST: R. BRUCE BOYER, Mayor ANN SMITH, Interim City Secretary APPROVED AS TO FORM: ALAN C. WAYLAND, City Attorney U:\Pianning\Ordinances\Special Use Permits\Gillette Holdings SUP O.ord.doc 2

107 PAPE-.IJ. ~WSON JD- ENGINEERS LAND DEVElOPMENT ENVIRONMENTAL TRANSPORTATION WATER RESOURCES SURVEYING FIELD NOTES FOR A acre, or 331,143 square feet more or less, tract of land out of a acre tract conveyed to Brass Real Estate Growth Fund IV, L.P., recorded in Volume 1874, Pages of the Official Public R.ecords of Real Property of Guadalupe County, Texas. Said acre tract being more fully described as follows, with bearings based on the North American Datum of 1983 (CORS 1996, from the Texas Coordinate System established for the South Central Zone: COMMENCING: At a found W' iron rod, on the northeast right-of-way line of State Highway 46, a 120-foot right-of-way, the southwest comer of Lot 9 of Seidel's Subdivision, recorded in Volwne 4, Page 9 of the Map and Plat Records of Guadalupe County, Texas, the southwest comer ofsaid acre tract~ TiffiNCE: THENCE: THENCE: THENCE: Departing the northeast right-of-way line of said State Highway 46, along and with tbe southeast iine of said Lot 9, the northwest line of said acre tract; the following calls and distances: N 53 43'40" E, a distance of 274;05 feet to the POINT OF BEGINNING of the b,erein descn'bed tract~ N 53 43'40" E, a distance of feet to a point, the northeast comer of said Lot 9, a re-entrant comer of said acre tract; N 58 50'08" W, alo.ng and with the northeast line of said Lot 9, a south line of said acre tract, a distance of32.90 feet to a found W' iton rod with cap marked "CSTLA;'. the southwc;:st comer of Lot 4, Block l of the Stone Gate Subdivision, Unit-1, recorded in Volume 6, Page 89 of the Map and Plat Records of Guadalupe County~ Texas; N 53 45'06" E, d,eparting the northeast lin.e of said Lot 9, continuing with a north lme of said acre tract, the southeast line of said Stone Gate Subdivision, Unit-1, a distance of feet to a found W' iron rod on a southwest line of a acre tract recorded in Volume 716, Pages of the Guadalupe County, Deed Records, the east corner of a acre Variable Width Drain Easement dedicated in said Stone Gate Subdivision, Unit-1, the east comer of said Stone Gate Subdivision, Unit-t, a north comer ofsaid acre tract; S 32 43'57" E, along and with the southwest line of said acre tract, a northeast line of said acre tract, a distance of feet to a point, the south comer of said acre tract, a re-entrant comer of said acre tract; SAH ANTONIO I AUSTIN DAWSDII.COM 555 East Ramsey San Antonio, Texa 7li::!I6 P 2! F '2ID.-:!'7~.oorn EXHIBIT "A"

108 Acres Job No.: Page2of2 TIIENCE: THENCE: THENCE: THENCE: THENCE: THENCE: N 53 18'21" E, along and \vith a northwest line of said acre tract, the southeast line of said acre tract, a distance of f~ to a point; S 38 09'07" E, departing a north line of said acre tract, the southeast line of said acre tract. over and across said acre tract, at a distance of feet, passing a found Y2" iron rod, for the west comer of a acre tract. recorded in Volume 1198, pages of the Official Public Records of Real Property of Guadalupe County, Texas. continuing along and with the southwest line of said acre tract, a northeast line of said 35;827 acre tract, for a total distance of feet to a point; S 44 52'24" W, departing the southwest line of said acre tract, a northeast line of said acre tract, over and across said acre tract, a distance of feet to a point on the northeast right-of-way line said State Highway 46; N 68 26'03" W~ along and with the northeast right-of-way line of said State Highway 46, the southwest line of said acre tract, a dis~ce of feet to a point; N 40 04'14" E, departing the northeast right.,.of way line of said State Highway 46, the southwest line of said acre tract, over and across said acre tract, a distance of feet to a point; N 68 26'03" W, continuing over and across said acre tract a distance of feet to the POJNT OF BEGINNING and contaiiling acres in the City of New Braunfels, Guadalupe County, Texas, Said tract being described in accordance with an exlubit prepared by Pape Dawson Engineers, Inc. "This document was prepared under 22TAC663.2l, does not reflect the result$ of anon the ground survey, and is not to be used to convey or establish interests in Ieal property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared" PREPARED BY: DATE; JOB NO. DOC.ID. Pape-Dawson Engineers, Inc. JUJie 8; N:\CIVll..\ \ZONING FIELD NOTES\7.602 ACRES.doc

109 \~, \-_/ -~. DEED/PLAT REFERENCE O.R. DEED REqpRDS_ OF GU,&.IJALUPE CO~NTY, TEXAS D.P.R. DEED AND PLAT RECQRDS OF ADALUPE COUNTY, TEXAS o.p.r. OFFICIAL PUBUC RECORDS (OFFICIAL PUBLIC RECORDS OF REAL PF 0PER'N OF GUADALUPE COUNTY, TEXAS ~OTES, ll TilE BE,\RING!; FOR TillS SURVEY 1\RE\ 8,\SED ON 'THE; NOR'rti AMI:RICMI DATUM Of 1q113 ((."ORS 1'196, _FROM THE rf.xas COilRDINATE SYSTEM ESTABLISIJEO FOR rtli:: ~OUTII CENTRAl. J.ONt:. 200 D ~---! I I ( IN FEET 1 inch = 200 ft. I!:.OCA\ 1'0@1M ~AlP' N.T.S. 4 5~1112/13 SlONE GAlE SUBDI\'ISIDN UNIT 1 (VOL. I. PG. 81 II.P.R ACRES (Wi.. 711, PGS O.R. UNE TABLE UNE BEARINC> LENGTH Ll... N 5.3*4:3~40" E ' l2 ' N ss so oe~ w.3~t90' LJ N s:y4s~os E ' L4 S 32'43'57" E 30.69' L5 N 53"1.8'.21" E 11.47' ~ "1'.;\ 1/~...t". ~~-~ ~~--- 09~. o;.~~ --p'z. o~ -~..,;... -;;?~ ~~ ~~~ pj~~ -cils:::ii! ~~~ NcO~ ood ~15... ~~ o ~ (S w ~ 1o.337.ACRES (VOL 412, _PGS. ~~~ I.R, OV!tiER: LEONARD 'A. SOVOSTON &.. BARBARA.J. BOYOSTON AN EXHIBIT OF ~ a; =t ~,, &~'fil1lj:'i: 0 N it ltolii$i'y I!lNI.N4f(WO mgt$?alfl I ~ ~:~~= it.q.s' tjgw 6'~.~,.,.II{Crf... _ ~ """""'t;f' ~LNG~ nrir'~ji(n 11Q22Mo.OO A 7.(!02 ACRE, OR 331,143 SQUARE FEET MORE OR LESS, TRACT OF LAND OUT OF A 35,827 ACRE TRACT CONVE'ED TQ tlrass REAL ESTATE GROWTH FUND IV, L.P., RECORDE;DIN VOLUME 1874, PAGES OF THE OFFICIAL PIJBLIC RECORDS OF REAL PROPER,TY OF GUADALUPE COUNTY, TEXAS. n;br ~ :!.Ol't 1\l,rtc Oaw..,m l n~illa:c!oo. 1nc All Ris\,1.. Rt.';'~ JOB No.:

110 104 l.i I : /:,-.-i.. EXHIBIT "C"

111 I 105,...., City of ~~New Braunfels City Council Agenda Item Report November 22, Agenda Item No. _3_:_L. Presenter - Shannon Mattingly, Planning Director smattingly@ nbtexas.org SUBJECT: Approval of the second and final reading of an ordinance rezoning Oak Run Subdivision, from "R-3" Multi-Family District, "C-1" Local Business District, and "C-3" General Business District, to "R-1A-6.6" Single Family District. APPLICANT City of New Braunfels 424 S. Castell Avenue New Braunfels, TX OWNER: Multiple BACKGROUND/RATIONALE: During City Council's review of the Short-Term Rental section of the Zoning Ordinance, the Planning Department identified multiple residential neighborhoods with zoning other 0 than residential. Council directed the Planning Division to' have neighborhood meetings to explain the purpose of residential zoning and pursue rezoning to an appropriate district. The original master plan for the Oak Run Subdivision was approved in A public neighborhood meeting for the Oak Run Subdivision was held on September 14, to explain the purpose of zoning the neighborhood to reflect the existing residential use. Approximately 23 residents attended. Those in attendance were supportive of the concept to change their zoning to R-1 A-6.6 Single Family District. Public notice was sent to all 133 property owners regarding the public hearing process to officially change the zoning of their property. City Council held a public hearing and approved the first reading of the ordinance rezoning this property on November 8, General Information: Case # PZ Size: acres Surrounding Zoning and Land Use: Comprehensive Plan/ Future Land Use Designation: North - R-1 A, R-1, R-2 I Single family dwellings South - C-1 A, C-3 I Businesses and vacant land East - n/a I Outside City Limits West- R-1 A, R-1, R-2 I Single family dwellings Page 1 of2 Residential subdivision.

112 106 lmprovement(s: Residential subdivision. Notification: Public hearing notices were sent to the 133 property owners within the Oak Run ""- Subdivision and 34 property owners located within 200 feet of the subdivision. As of October 6, 2010, 14 responses in favor, zero against, and two returned undeliverable have been received. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: Yes City Plan/Council Priority: 2006 Comprehensive Plan Pros and Cons Based on Policies Plan Pros: Goal 6: Refine or add zoning requirements to be compatible with the community's overall intentions and the best interests of the community as a whole. Goal 20: Protect character and boundaries of existing neighborhoods. Cons: None. fiscal IMPACT: N/A BOARD/COMMISSION RECOMMENDATION: The Planning Commission held a public hearing on October 11, 2010 and recommended approval of the rezoning, ( STAFF RECOMMENDATION: Staff recommends approval of the rezoning of Oak Run Subdivision as it is consistent with the current use, the intent of the existing residential subdivision and is consistent with the goals and priorities of the Comprehensive Plan. ATTACHMENTS: 1. Application 2. Zoning Map 3. Existing Land Use Map 4. Future Land Use Map 5. Aerial Map 6. Notification Map 7. Sec "R1A-6.6" Single-family district 8. Excerpt from Planning Commission minutes of October 12, Ordinance U:\Pianning\CCagenda\ZoneChgs&SUP\2010 Cases\Oak Run pzl 0-41_agenda_ second.docx Page 2 of2

113 ~~-,City of ~-..Ne-w Braunfels L""'~~2:==-_j Hl7 APPLICATION FOR ZONE CHANGE 424 S. CASTELL AVENUE NEW BRAUNFELS TX plannin~nbtexas.org PHONE: ( FAX: ( /09 ''" 1. Applicant -If owner(s, so state; If agent or other type of relationship, a letter of authorization must be furnished from owner(s at the time submitted. Name C..~+\{. o~ NC..w \>o.-~v--.(:c \s Mailing Address '1 ~ ~ S CAs -k-\l 1\v<.. Telephone: Q 0>1... y 00 Fax: Mobile: _- 2. Property Address/Location:_-'H.L...;..LA-=l'-'-\;'-=.. -Fp'--"l-=-e.' 'O;;. o..=\'-c.._t0--=--_!-...\.'"""~:...::::; S::;:._:;_u...;::_lQ=d.'--'\~\J~\s~-..:..\ ~_t.o-t_. 3. Legal Description: 0 \ 0 Name of Subdivision: ;;;.._Cl c::.._~ u.._"' Lot(s: K "'-t ~\ f \ e_ B/ock(s: M..""--l ~ l< Acreage: 4. Existing Use of Property: R_e.-t. ~~--1_d_e_t(\._-\i...,..-_-=o. \= =-~~ Proposed Use of Property (attach additional or supporting information if necessary: Re. s-\ ~-c \A_-\-- to...\ Zoning Change Request: Current Zoning: R3 1 G \ 1 If "POD Planned Development District", check if: Concept Plan C., '3 Proposed Zoning f<.- \f't- Co.. lo OR Detail Plan 7. Reason for request (please explain in detail and attach additional pages if needed: To %et ~ 0\.oST ~fprdp.r \~--\--c. 'U~t~ 9r ~ 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. Map of property in relation to City limits/major roadways or surrounding area. If requesting a Planned Development (PO, applicant must provide development standards on the detail plan and/or provide the standards in a separate 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. The undersigned hereby requests rezoning of the above described property as indicated. Fee Received By:_..N~lA~ Amount For Office Use Only Date Received:.Zoning signs issued: Date: Cash/Check Number: Case Number: P'Z.. I 0- '-\. \ Date Receipt No.: No. Y:\Applications\Zone Change.DOC ATTACHMENT 1

114 [zoning Map I Legend Zoning District ~ APD Agricultural/Pre-Development.. C-1 Local Business District.. C-1A Neighborhood Business District ~ C-1 B General Business District ~ C-3 Commercial District IIIII M-UA Low Intensity Mixed Use District CJ PO Planned Development District (=:J R-1 Single Family District (=:J R-1ASingle Family District I:=:J R-1A6.6 Single Family District I:::::J R-2 Single and Two Family District [:::J R-3 Multifamily Distict C] ZH Zero Lot Line Home District CJ ZHA Zero Lot Line Home District ~SUBJECT... II l.... l City Limits ~ -1 > 0 I' I I :J: I I i:. m z -1 N ll ""'""' ( f', City of ~-..New Braunfels ~ -... ~" PZ10-41 Oak Run Subdivision "R-3", "C-1" -,d "C-3" to "R-1A6.6".._..., m8 -~ Map Created On 9/23/1 c

115 0 Existing L'a-1id Use Map Legend '--/, Existing Land Use CJ Residential Low Density ~ Commercial ~School ~ Government Jllllinstitutional ~Open Space ~SUBJECT -~~-~ i.... l City Limits > -1-1 > 0 :J: s: m z -1 w f', City of -- ~~New Braunfels PZ10-41 Oak Run Subdivision "R-3", "C-1" and "C-3" to "R-1A6.6" Map Created On 9/23/1

116 Future Land Use Map Legend Future Land Use.. Commercial l~ff~f;4:{~ Drainage ~--~- Institutional IIIII Open-Parks c=j Residential Low Density IIIII School ~SUBJECT i,... l City Limits > -1-1 > 0 :I: 35: m z -1 ~ f',cityof ~-.. New Braunfels "'--- ~-- -~- "R-3", "C-1"~ PZ10-41 Oak Run Subdivision -.,d "C-3" to "R-1A6.6" "--'' --._; Map Created On 9/23/1 (

117 SUBJECT > -i -i > 0 ::I: s: m z -i (J'I ~,Cityof ~-..New Braunfels -- PZ10-41 Map Created On 9/23/1 Oak Run Subdivision "R-3", "C-1" and "C-3" to "R-1A6.6"

118 112 Owner/Applicant: PLANNING COMMISSION- OCTOBER :00PM New Braunfels Municipal Building, Council Chambers Various I City of New Braunfels Address/Legal Description: Oak Run Subdivision REQUEST FOR ZONING- CASE #PZ10-41 The circled numbers on the map correspond to the property owners listed below. All information is from the Comal Appraisal District Records. The property under consideration is marked as "SUBJECT". INSIDE OAK RUN SUBDIVISION 1. Abraham, Lee & Annette 37. Flores, Eduardo & Yolanda 2. Adams, Jerald & Marcia 38. Flynn, Amy 3. Alcock, Sophia 39. Fraker, Donald & Patricia 4. Aldridge, Richard & Mary 40. Franklin, Marc & Allison 5. Antoine Living Trust 41. Goodbread, James 6. Baker, Olga 42. Gough, Mac & Mary 7. Bays, Alex & Yvonne 43. Green, Jeffrey & Linda 8. Beard, Roy & Claudia 44. Hancock, Bennie & Shonda 9. Becker, Arno & Jimmie 45. Hare, William & Sandra 10. Blum, Dee 46. Harris, Robert & Anna 11. Brandsma, Douglas & Kimberly 47. Harrison, Matthew & Sherry 12. Surd, Richard & Guerrero, Doris 48. Heatherly, Lloyd & Jane 13. Cameron, Joseph & Lana 49. Heikes, Warren & Lynda 14. Caniford, Charles & Heather 50. Herman, Clay & Jennifer 15. Castillo, Augustine & Schantz, Mary 51. Hitzfelder, Dan 16. Cawyer, Robert & Joann 52. Holliday, Mitchell & Joyce 17. Chavez, Catalina & Rupert 53. Holmes, Don & Ann 18. Claughton, William & Stacha 54. Holt, John & Marla 19. Cole, Dwayne & Debra 55. Holtz, Kimberly 20. Contreras, Kristin & Mario 56. Hypse, Cynthia & Steven 21. Covington, Steve & Jayme 57. Jecmenek, Linda 22. Creswell, John & Dorothy 58. Jones, William & Glenda 23. Davis, Andrew & Linda 59. Kear, Chhin & Theresa 24. Davis, Daniel & Linda 60. Kenney, Ernest & Katherine 25. Decola, Jarrett & Kristen Connell 61. Kittle, John & Cheryl 26. Delgado, Evelyn 62. Lenz, Mark 27. Desalme, Richard & Edna 63. Lewis, James & Susan 28. Dixon, Stephen & Lisa 64. Marshall, Eric 29. Dixon, Troy & Jene 65. Marshall, Eric & Elizabeth 30. Doerr, Roy & Freda 66. Martinez, Chester & Ester 31. Easter, Jerry & Joanne 67. Martz, Leslee 32. Einfalt, Scott & Susan 68. McClellan, Leona 33. Estes, Wanda & Michael 69. McCracken, Kenneth 34. Ferrell, Michael & Carla 70. McCrary, Sammy 35. Figueroa, Arturo & Rebeca 71. McDonald, Garrett & Carla McDonald 36. Firth, Darryl & Terri 72. McMullen, Wendy & Kenneth SEE ATTACHED MAP 0 ATTACHMENT 6

119 113 INSIDE OAK RUN SUBDIVISION (CONTINUED 73. Meche, Suzanne 109. Stiehler, Richard & Donna 74. Merritt, Burton & Dorothy TR 110. Sundaram, Kelly 75. Milad, Tammy & Jason 111. Symm, William & Bridget 76. Miller, Cynthia 112. Tabb, William & Dorothy 77. Moran, Wesley 113. Tartt, John & Cindy 78. Morgan, William & Barbara 114. Taylor, Judith 79. Murphy, Julie & James 115. Thames, Dale & Susan 80. NB INV Joint Venture 116. Thompson, Thomas & Susan 81. Nabours, James & Lillian 117. Tomlinson, Mark 82. Narayana, Nathaniel & Christina 118. Trevino, Joey & Elizabeth 83. Oak Run Dev Joint Venture 119. Tuch, Traci 84. OakRun Property Assoc Tyler, Stephen & Laura 85. Patel, Hemlata 121. Vacek, Justin & Paula 86. Paz, Armanos & Cynthia 122. Vallejo, Pedro & Judith 87. Penshorn, Duane & Christine 123. Vukson, Kevin & Theresa 88. Perrilloux, Ronald & Laura 124. Wages, Arthur & Michelina 89. Perry Homes LLC 125. Watson, David & Michelle 90. Perusquia, Joaquin & M. Weinberg 126. Weinstein, Marc & Halli 91. Phalen, Joan TR 127. Westbrook, William & Brenda 92. Phalen, Howard & Carolyn 128. Whalen, Daniel & Ruth 93. Pigue, Roy & Charmaine 129. Wilkerson, Daina, & Laura 94. Poole, Birk & Karen 130. Wilson, Carroll & Lois 95. Prewitt, Joshua 131. Wofford, Christopher & Joann 96. Pribyl Living Trust 132. Wort, Brian & Linda 97. Prior, James & Jaime 133. Zarbock, Floyd & Nancy 98. Reinke, Kathyrn & John 99. Rinehart, Mark & Renee 100. Rios, George & Wendi 101. Rodriguez, Vernon & Theresa 102. Rowcliffe, Kevin & Melissa 103. Rutledge, Paul & Helen 104. Schexnayder, Adam & Ashley 105. Schriefer, Kurt & Robin 106. Schwab, Larry & Virgina 107. Simpson, John & Lynn 108. Safran, Gregory & Esther SEE ATTACHED MAP

120 114 OUTSIDE OAK RUN SUBDIVISION 134. Adams, Rubin & Elizabeth 135. Belmarez, Brett & Shari Ann 136. Broadway National Bank 137. Buckley, Virgina Living Trust 138. Budworth, Frederick & Mary 139. Burr, Monty & Patti 140. Byles, Joe & Lisa 141. Canabal, Maria 142. Carpenter, Lonnie & Patsy 143. David, Darrell 144. Dean, David & Linda 145. Deason, Carol 146. Doeppenschmidt, Barbara 147. Driscoll, Michael & Parris 148. Dugas, Jay & Debra 149. Elliott, Rod & Danette 150. Grantham, Arthur & Joyce 151. Halenza, Hal & Grace 152. Hill, James & Rebecca 153. Holley, Jim & Kathleen 154. Krause, Sherman & Melissa 155. Lehmann, William & Karen 156. Levett, Martin & Sharon 157. McPherson Plaza LLC 158. Oak Tree Ltd. Partnership 159. Parks, Patricia 160. Patton, David & Janet 161. Perro, Donald & JoAnn 162. Randolph Brooks Federal Credit Union 163. Ricks, Fletcher & Mary 164. Rockey, Chris & Nancy 165. Scheele, James & Carol 166. Simpson, William & Carol 167. Tifft, Bruce & Susan SEE ATTACHED MAP

121 ~ legend ~SUBJECT D 200' Notification Buffer r-jcityof ~: New Braunfels "'as -- PZ10-41 Map Created On 9/23/1 Oak Run Subdivision "R-3'\ ~~c-1" and "C-3" to 11 R-1A6.6..

122 "R-tA-6.6" single-family district. CITY OF NEW BRAUNFELS - ZONING ORDINANCE Purpose. The R-1A-6.6 single-family district is intended for development of primarily detached, singlefamily residences and customary accessory uses on lots of at least 6,600 square feet in size. The following regulations shall apply in all "R-1A-6.6" districts: "R-tA" 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 5 feet in width. Buildings on corner lots shall have 15-foot side building setbacks adjacent to the street where the rear lot lines of the corner lots coincide _ ATTACHMENT 7

123 117 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 rightof-way, if the garage door is closed. (See illustration 8 in Sec (iv Rear building setback. 20 feet. (v Width of lot. The minimum width of an interior lot shall be 60 feet and the minimum width of a corner lot shall be 70 feet. (vi Lot area per family. Every single-family dwelling hereafter erected or altered shall provide a lot area of not less than 6,600 square feet per dwelling for interior lots, and 7,000 square feet per family for corner lots, provided that where a lot has less area than herein required and such lot was in separate ownership prior to September 25, 1967, this requirement will not prohibit the erection of a one-family dwelling. Where public or community sewer is not available and in use, for the disposal of all sanitary sewage, each lot shall provide not less than one half acre_per dwelling unit not located over the recharge zone and one acre per dwelling unit located over the recharge zone. (vii Lot depth 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 minimum 25-foot setback is required, a canopy at least eight feet in height, attached to the main building, may be built within 15 feet of the property line so long as such construction will not obstruct the vision of vehicular or pedestrian traffic. (v Garage setback. Where a driveway is located in front of a garage, the garage shall be setback 20 feet from the right-of-way or the driveway to the garage shall be at least 20 feet long to provide enough space for a vehicle to park without overhanging into the rightof-way, if the garage door is closed. (See illustration 8 in Sec (vi Rear building setback. 20 feet. (vii Width of lot. 60 feet. (viii Lot depth feet. (ix Parking. See Section 5.1 for permitted uses' parking.

124 118 DRAFT EXCERPT FROM PLANNING COMMISSION MINUTES OF OCTOBER 12, 2010 PUBLIC HEARINGS Case PZ10-41: Public hearing and recommendation to City Council regarding a proposed rezoning of Oak Run Subdivision, from "R-3" Multi-Family District, "C-1" Local Business District, and "C-3" General Business District to "R-1A-6.6" Single Family District. (City of New Braunfels Ms. Bell explained that the Planning Department had identified multiple residential neighborhoods with zoning other than residential. Council directed the Planning Department to have neighborhood meetings to explain the purpose of residential zoning and pursue rezoning to an appropriate district. She said a public neighborhood meeting for the Oak Run Subdivision was held on September 14, 2010; approximately 23 residents attended and were supportive of the concept to change their zoning to R-1A- 6.6 Single Family District. She added that 133 notices were sent to property owners within Oak Run Subdivision and 34 property owners within 200' of the subdivision; 18 responses were received in favor and none in opposition. Ms. Bell said staff recommended approval of the rezoning as it was consistent with the current use and intent of the existing residential subdivision and with the goals and priorities of the Comprehensive Plan. Vice Chair Elrod asked to hear from those in favor of the rezoning. John Creswell, 1771 Oakmont Circle, and Kurt Schriefer, 1706 Oak Rock, voiced their support. Vice Chair Elrod asked to hear from those opposed to the rezoning. No one spoke. Motion by Commissioner Massouh, seconded by Commissioner Namken, to close the public hearing. The motion carried unanimously. (8-0-0 Commissioner Perez noted that part of the subdivision was zoned "R-2" and asked why that area was not being included in the rezoning. Ms. Bell said all the lots were already built out and staff was asked to focus their rezoning efforts on more intensive zoning districts. Commissioner Perez moved that Case PZ10-41 be forwarded to City Council with a recommendation to approve. The motion was seconded by Commissioner Lowe and carried unanimously. ( ATTACHMENT 8

125 119 ORDINANCE NO AN ORDINANCE REZONING ACRES KNOWN AS A PORTION OF THE OAK RUN SUBDIVISION FROM "R-3" MULTI-FAMILY DISTRICT, "C-1" LOCAL BUSINESS DISTRICT, AND "C-3" GENERAL BUSINESS DISTRICT TO "R-1A-6.6" SINGLE FAMILY DISTRICT"; REPEALING ALL ORDINANCES IN CONFLICT; CONTAINING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of New Braunfels has complied with all requirements of notice of public hearing as required by the Zoning Ordinance of the City of New Braunfels; and WHEREAS, in keeping with the spirit and objectives of the "R-1A-6.6" Single Family District, the City Council has given due consideration to all components of said district; and WHEREAS, it is the intent of the City Council to provide harmony between existing zoning districts and proposed land uses; and WHEREAS, the City Council desires to amend the Zoning Map by changing acres known as Oak Run Subdivision: Unit 6, Block 12, Lots 1-7 Unit 12, Block 17, Lots 1-6 Unit 15, Block 13, Lots 5-13 Unit 6, Block 13, Lots 1-17 Unit 13, Block 15, Lots Unit 15, Block 15, Lots Unit 8, Block 14, Lots 1-17 Unit 13, Block 17, Lots Unit 15, block 17, Lots 8-13 Unit 8 Ext 1, Block 14, Lots Unit 14, Block 15, Lots Unit 12, Block 15, Lots 12 & 13 Unit 14, Block 17, Lots to "R-1A-6.6" Smgle Fam1ly District; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS: SECTION 1 THAT Sections and 1.2-2, Chapter 144, of the New Braunfels Code of Ordinances and particularly the Zoning Map of the City of New Braunfels, are amended by changing the following described tract of land from "R-3" Multi-Family District, "C-1" Local Business District, and "C-3" General Business District to "R-1A-6.6" Single Family District" (35.67 acres known as a Oak Run Subdivision and as delineated on Exhibit 'A'. Unit 6, Block 12, Lots 1-7 Unit 12, Block 17, Lots 1-6 Unit 15, Block 13, Lots 5-13 Unit6, Block 13, Lots 1-17 Unit 13, Block 15, Lots Unit 15, Block 15, Lots Unit 8, Block 14, Lots 1-17 Unit 13, Block 17, Lots Unit 15, block 17, Lots 8-13 Unit 8 Ext 1, Block 14, Lots Unit 14, Block 15, Lots Unit 12, Block 15, Lots 12 & 13 Unit 14, Block 17, Lots SECTION 2 THAT all provisions of the Code of Ordinances of the City of New Braunfels not herein amended or repealed shall remain in full force and effect. 1

126 120 SECTION3 THAT all other ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent that they are in conflict. SECTION4 THAT if any provisions of this ordinance shall be held void or unconstitutional, it is hereby provided that all other parts of the same which are not held void or unconstitutional shall remain in full force and effect. SECTIONS THIS ordinance will take effect upon the second and final reading of same. PASSED AND APPROVED: First Reading this the 8 1 h day of November, PASSED AND APPROVED: Second and Final Reading this the 22"d day of November, CITY OF NEW BRAUNFELS R. BRUCE BOYER, Mayor ' ATTEST: Ann Smith, Interim City Secretary APPROVED AS TO FORM: ALAN C. WAYLAND, City Attorney U:\Pianning\Ordinances\Zone Changes\Oak Run_R1-A-6.6.docx 2

127 m >< :I: - CJ =t ~,..,,City of ~U New Braunfels PZ10-41 Oak Run Subdivision "R-3", "C-1" and "C-3" to 11 R-1A6.6" Map Created On 9/23/1 C

128 122

129 123 City Council Agenda Item Report November 22, 2010 Agenda Item No.l:M Presenter - Shannon Mattingly, Planning Director smattingly@nbtexas.org SUBJECT: Approval of the second and final reading of an ordinance rezoning portions of the 500 and 700 blocks of Hill Avenue, from "M-1" Light Industrial District to "SND-1" Special Neighborhood District. APPLICANT OWNER: City of New Braunfels 424 S. Castell Avenue New Braunfels, TX Multiple 0 BACKGROUND/RATIONALE: Some of the property owners within this neighborhood contacted the City requesting their neighborhood be part of the City's current rezoning effort. When City Council was 0 reviewing the Short-Term Rental section of the zoning ordinance, the Planning Department identified multiple residential neighborhoods with zoning other than residential. Council directed the Planning Division to have neighborhood meetings to explain the purpose of residential zoning and pursue rezoning to an appropriate district. Hill Avenue is a neighborhood which developed over time to include residential and commercial uses. The 500 and 700 blocks consist of houses which have been in residential use for over 60 years. The south side of Hill Avenue was rezoned to SND-1 in A public neighborhood meeting for the property owners on the north side of the 500 and 700 blocks of Hill Avenue was held on October 20, 2010 to explain the purpose for zoning the neighborhood to reflect the residential use. Two residents attended. Those in attendance were supportive of the concept to change their zoning to SND-1 Special Neighborhood District. The public notice was also sent to the 11 property owners regarding the official zone change process. During the public hearing at the Planning Commission meeting, a property owner at 751 Hill Avenue expressed concern about the rezoning as her property would no longer be eligible to request an SUP for a short term rental. The property is improved with two structures which consist of a duplex and a single family dwelling, all of which would be grandfathered as a legal non-conforming use. However, if rezoned to SND-1 an SUP for short term rental would be prohibited. If the property is not rezoned to SND-1 and stays M-1 then an SUP for short term rental could be requested once the moratorium is lifted. City Council held a public hearing and approved the first reading of the ordinance rezoning this property on November 8, Page 1 of3

130 124 General Information: Case # PZ Size: 3.10 acres Surrounding Zoning and Land use: 500 Block 700 Block M-1/Railroad Tracks M-1/0ffices SND-1 and HOI SND-1/Single family Single family dwellings dwellings M-1/Warehouses SND-1/Single family dwellings SND-1 and HO/ Single M-1/Warehouses family dwellings ~~~~ ~~~~------~ North South East West Comprehensive Plan/ Future Land Use Designation: lmprovement(s: Residential Single Family Dwellings, and one house with a duplex accessory dwelling Notification: Public hearing notices were sent to the 11 property owners of the 500 and 700 Block of Hill Avenue and 63 property owners located within 200 feet. As of October 26, 2010, six responses in favor, three against, and one returned undeliverable have been received. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: Yes City Plan/Council Priority: 2006 Comprehensive Plan Pros and Cons Based on Policies Plan Pros: Goal 6: Refine or add zoning requirements to be compatible with the community's overall intentions and the best interests of the community as a whole. Goal 20: Protect character and boundaries of existing neighborhoods. Cons: None. Page 2 of3

131 FISCAL IMPACT: N/A BOARD/COMMISSION RECOMMENDATION: The Planning Commission held a public hearing on October 12, 2010 and recommended approval of the rezoning, ( STAFF RECOMMENDATION: Staff recommends approval of the rezoning of the north side of the 500 and 700 blocks of Hill Avenue as it is consistent with the current use and intent of the existing residential buildings and is consistent with the goals and priorities of the Comprehensive Plan. ATTACHMENTS: 1. Application 2. Zoning Map 3. Existing Land Use Map 4. Future Land Use Map 5. Aerial Map 6. Notification Map 7. Sec Special Neighborhood District -1 (SND-1 8. Excerptfrom Planning Commission minutes of October 12, Ordinance U:\Planning\CCagenda\ZoneChgs&SUP\20 10 Cases \Hill Ave pzl 0-42 _agenda_ second.docx Page 3 of3

132 tj -~ City of :.- Ne-w Braunfels 126 APPLICATION FOR ZONE CHANGE 424 S. CASTELL AVENUE NEW BRAUNFELS TX "" PHONE: ( FAX: ( 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 t,t1 o~ }'lt.w ~rc;._u..4.\.s Mailing Address '1~ '-\. S ca::s ~<.. \\ f<v e. Telephone:.J ~ \- L{ 0 S 0 Fax: Mobile: 2. Property Address1Location:._~5=-=0::...0_...::0...=.:...l~~----=:7_0D :'o::...l=o-==c.ks=---!oo~.f..l..,..._--'l-\...!...!.,...:..\\::.._:_a...:.\j-=-"(..-=-- 3. Legal Description: '1"'.- L...,.,_ 1.1-'- L.. t>.. "' Name of Subdivision:_...;:'-oJ=~;...;...; :..~-=--_;;_.;._-n_..;..~v-'";...;.. ' Lot(s: DY+-\-\-\ ~le.. Block(s: C.B \Oc;l~ loj-, Acreage:_3_._t _D ~ ~~~u"~~~~--&~e=s~~~l~~e=~~~-'-~-'~ Proposed Use of Property (attach additional or supporting information if necessary: i<e.s'l ~~IA-+\a.. \ 6. Zoning Change Request: Current Zoning:_--.:..H_,..;..._-...;\ Proposed Zoning S N D - \ 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 ca.e.. \-- -\--k_e_ hld'f>t 0-f~ropr\o..."\"--e... "'Z..Di\\Y\-Cj or 4t.._c_ 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. 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 11x17 of the revisions. The undersigned hereby requests rezoning of the above described property as indicated. For Office Use Only Fee Received By:._f'Jf-.:L.lhfsi-'... ~Amount Receipt No.: Date Received: Cash/Check Number: Case Number: Date e 1 l 0-' "{ '";t Zoning signs issued: Date: No. Y:\Applications\Zone Change. DOC ATTACHMENT 1

133 > -f -f > (" :I: 3:. ~ ~J N~~ Braunfels 1\. PZ10-42 Hill Avenue M-1 to SND-1 Map Created On 9/23/10

134 ~ -1 > 0 ~ 3: m z c J -1 Cityof w ' ': New Braunfels "-... ~... ~(~:;;;;.,,a- "...,_" PZ10-42 Hill Avenue l. 1 to SND-1 \ J ~- -Government Institutional -Open Space rza Subject Property ~ Sophienburg Hill Historic District '-..,.r,f Map Created On 9/23/10

135 > -f ;! (" :r 3: m z -f ~ lliiiill CommericaVIndustrial - Commercial - Government I :-;:;T:J" I Institutional - Open-Parks c:::j Residential Low Density -School r2'zj Subject Property ~ Sophienburg Hill Historic District ~,City of ~U New Braunfels -- PZ10-42 Hill Avenue M-1 to SND-1 Map Created On 9/23/10

136

137 131 PLANNING COMMISSION- OCTOBER 12, :00PM New Braunfels Municipal Building, Council Chambers Owner/Applicant: Address/Legal Description: Various I City of New Braunfels Various properties on Hill Ave. and Nacogdoches St. REQUEST FOR ZONING- CASE #PZ10-42 The circled numbers on the map correspond to the property owners listed below. All information is from the Comal Appraisal District Records. The property under consideration is marked as "SUBJECT". 1. Aleman, Arnulfo & Lucia 3. Argonne Assoc LLC 5. Barbosa, San Juanita & Carlos 7. Bernal, Oscar 9. Brandalick, Heather 11. Brown, Newton & Betty 13. Camarillo, Lorenzo & Mary 15. Clark, John & Melissa 17. Dudley, Darrell 19. Ednalllnvestents LLC 21. F U A Window Coverings Ltd 23. Gallegos, Altagracia 25. Gattuso, Denise 27. Gonzales, Ninfa & George 29. Havekost, Guenther 31. J Schrieber Inc 33. Kinstley, Justin & Laura 35. Leitch, William & Bonnie 37. City of New Braunfels 39. Rodriguez, Arnulfo & Anita 41. Sanchez, Ema 43. Skarovosky, James & Lynn 45. Snider, Ronald & Darrel Sollberger 47. Stock, Irene 49. Toerner, Hye Cha 51. Urdiales, Diana 53. Valdez, Domingo & Sandra 55. Vega, Mary 57. Wetz, Albert & Kathy 59. Wininger, Fabian & Michelle Matocha 61. Zavala, Juan & Herlinda 63. Baese, Kermit 65. Rochin, Carlos & Elizabeth 67. Martinez, Michael & Mena 69. Staats, Kerry & David 71. Lind, Elizabeth 73. Acker, Harvey & Annabell 2. Anderson, Alan & Mary Trustees 4. Baerwald, Brun & Leatrice 6. Benavides, Lupe 8. Bokorney, George & Lucinda 10. Brewer, Jesse & Susan 12. Cabrera, Arnold & Mary 14. Castillo, Luis & Beltran 16. Cowboy Electrical Services Inc. 18. Duncan, Wendy 20. Espinosa, Jose 22. Fuller, Cheryle 24. Garrison, Clyde & Karen 26. Gaytan, Andres Jr 28. Graham, David & George Williamson IV 30. Huddleston, David & Sandra 32. Jurica, Peter L 34. Leasman, Henry 36. Lovett, Christa 38. Robinson, David & Melanie 40. Rodriguez, Daniel 42. Schoenfeld, Lila 44. Slater, Stanley & Mary 46. Staats, Alice B 48. Stolinski, Virginia 50. Tornquist, Ericka 52. Urias, Maria Alicia 54. Valdez, Hope 56. Watson, Bob & Laneta 58. Williamson, Lottie 60. Woods, Clint & Marcella 62. Engler, Bonnie & Kyle 64. Tornquist, Pery & Kandace 66. Ulbert, Kevin 68. Nolte, Leroy & Edith 70. Delacerda, Gloria 72. Coble, Joel & Penny 7 4. Soto, Ramon & Angel ito SEE ATTACHED MAP ATTACHMENT 6

138 Legend c::j NotificationBuffer W2J Subject Property f"_,cityof ~~New Braunfels '-- PZ10-42 Hill Avenue M-1 to SND-1 Map Created C 9/23/10 "--"' \._,-' "-J

139 133 Zoning Ordinance- effective Nov. 8, 2006/1 5 r REV Sec Purpose. Special Neighborhood District- 1 The "SND-1" district is intended for development of primarily detached, single-family residences, customary accessory uses, and accessory dwellings such as garage apartments. The following regulations shall apply to the "SND-1" district: (a Authorized uses. (1 Uses permitted by right Residential uses: Accessory building/structure Accessory dwelling (one accessory dwelling per lot, may include a 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 (se~ 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 Museums 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 (b Height and area requirements: (1 Height. 35 feet. The height of the accessory building may not exceed that of the main dwelling. (2 Front building setback. 25 feet. (3 Side building setback. There shall be a side building setback on each side of a building not less than six feet in width. Buildings on corner lots shall have 15-foot side building setbacks adjacent to the street where the rear lot lines of the corner lots coincide with the rear lot lines of the adjacent lots. Buildings on corner lots shall have 25-foot side building setbacks adjacent to the street where the rear lines of the corner lots coincide with the side lot lines of the adjacent lots. ATTACHMENT 7

140 134 Zoning Ordinance- effective Nov. 8, 2006/1 sr REV Sec. 3.8 Garage setback. Where a driveway is located in front of a garage, the garage shall be setback 20 feet from the right-of-way or the driveway to the garage shall be at least 20 feet long to provide enough space for a vehicle to park without overhanging into the right-of-way, if the garage door is closed. (See illustration 8 in Sec (4 Rear building setback. 20 feet for the main dwelling. 6 feet for the accessory dwelling. (5 Width of lot. The minimum width of an interior lot shall be 60 feet and the minimum width of a corner lot shall be 70 feet. (6 Lot area per family. Every single-family dwelling hereafter erected or altered shall provide a lot area of not less than 6,600 square feet per dwelling for interior lots, and 7,000 square feet per dwelling for corner lots, provided that where a lot has less area than herein required and such lot was in separate ownership prior to September 25, 1967, this requirement will not prohibit the erection of a dwelling, including the accessory dwelling. A lot platted after January 1, 2007, on which there would be two dwelling units must be at least 8,000 square feet in size for an interior lot and at least 8,500 square feet for a corner lot. (7 Lot depth feet. (8 Parking. Two off-street parking spaces shall be provided for each one-family detached dwelling, and two off-street parking spaces for an accessory dwelling. See Section 5.1 for other permitted uses' parking. (9 Accessory building size. One story: 500 square feet. Two story: 1,000 square feet. The intent is to allow an accessory building over a garage or storage area and not to perm it a two story accessory dwelling or two accessory dwellings. (10 Term of occupancy. Occupancy for less than one month is not permitted. (c Area included in SND-1: See Exhibit "A".

141 135 Zoning Ordinance- effective Nov. 8, 2006/1 5 T REV Sec. 3.8 Academy/Museum Area 9 ~o 1 Special Neighborhood District 1 (Sr.D-1 1!i!jO 1.tpo Feet 1 1 1

142 136 DRAFT EXCERPT FROM PLANNING COMMISSION MINUTES OF OCTOBER PUBLIC HEARINGS Case PZ1 0-42: Public hearing and recommendation to City Council regarding the proposed rezoning of portions of the 500 and 700 blocks of Hill Avenue, from "M-1" Light Industrial District to "SND-1" Special Neighborhood District. (City of New Braunfels Ms. Bell said the rezoning of the Hill Avenue neighborhood was not as clear cut as that of Oak Run Subdivision since it had developed over time to include residential and commercial uses. She said the 500 and 700 blocks consisted of houses which had been in residential use for over 60 years and when the south side of Hill Avenue was rezoned to SND-1 in 2007, some of the property owners within this area contacted the City requesting their neighborhood be part of the current rezoning effort. She noted that a public neighborhood meeting for the affected property owners was held on October 20, 2010, with two residents attending and voicing their support of the zone change. She further added that public hearing notices were sent to the 11 property owners of the 500 and 700 Block of Hill Avenue and 63 property owners located within 200 feet; five responses were received in favor, one against, and one was returned undeliverable. Ms. Bell said staff recommended approval of the rezoning as it was consistent with the current use and intent of the existing residential buildings and the goals and priorities of the Comprehensive Plan. Vice Chair Elrod asked if there was anyone in the audience who wished to speak in favor of the rezoning. John and Christa Lovett, 760 S. Hill St., said they were highly in favor of the rezoning. Vice Chair Elrod asked if there was anyone in the audience who wished to speak in opposition to the rezoning. 0 Liz Adams, 228 Preston Hollow, and Gary Nolte, 2071 Club Crossing, said they co-owned the property at 751 S. Hill St., which consisted of a single family home and duplex. Ms. Adams said they intended to use the property for overnight rentals, a use that the SND-1 zoning would not allow. She felt that the new zoning classification was a violation of their rights and asked that the property be grandfathered. A motion to close the public hearing was made by Commissioner Massouh, seconded by Commissioner Hoyt, and passed unanimously. (8-0-0 Commissioner Myrick moved that Case PZ be forwarded to City Council with a recommendation to approve. The motion was seconded by Commissioner Massouh, and carried with Vice Chair Elrod, and Commissioners Bearden and Perez voting "no". (5-3-0 ATTACHMENT 8

143 137 ORDINANCE NO AN ORDINANCE REZONING 3.10 ACRES KNOWN AS THE 500 AND 700 BLOCKS OF HILL AVENUE FROM "M-1" LIGHT INDUSTRIAL DISTRICT, TO "SND-1" SPECIAL NEIGHBORHOOD DISTRICT"; REPEALING ALL ORDINANCES IN CONFLICT; CONTAINING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of New Braunfels has complied with all requirements of notice of public hearing as required by the Zoning Ordinance of the City of New Braunfels; and WHEREAS, in keeping with the spirit and objectives of the "SND-1" Special Neighborhood District, the City Council has given due consideration to all components of said district; and WHEREAS, it is the intent of the City Council to provide harmony between existing zoning districts and proposed land uses; and WHEREAS, the City Council desires to amend the Zoning Map by changing acres known as 500 and 700 Blocks of Hill Avenue to "SND-1" Special Neighborhood District; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS: SECTION 1 THAT Sections and 1.2-2, Chapter 144, of the New Braunfels Code of Ordinances and particularly the Zoning Map of the City of New Braunfels, are amended by changing the following described tract of land from "M-1" Light Industrial District to "SND-1" Special Neighborhood District: Avenue." "3.10 acres as delineated on Exhibits A (500 Block Hill Avenue and Exhibit B (700 Block Hill SECTION 2 THAT all provisions of the Code of Ordinances of the City of New Braunfels not herein amended or repealed shall remain in full force and effect. SECTION 3 THAT all other ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent that they are in conflict. 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. 1

144 138 SECTIONS THIS ordinance will take effect upon the second and final reading of same. PASSED AND APPROVED: First Reading this the 8 1 h day of November, PASSED AND APPROVED: Second and Final Reading this the 22"d day of November, CITY OF NEW BRAUNFELS R. BRUCE BOYER, Mayor ATTEST: Ann Smith, Interim City Secretary APPROVED AS TO FORM: ALAN C. WAYLAND, City Attorney U:\Pianning\Ordinances\Zone Changes\Hill Ave_500 and 700 blocks_snd1.docx 2

145 '"-'" ~ ~ N ~~ -fvl$' m >< ::r:: ffi =i ~ legend ~ 500 Block Hill Ave. f',city of ~-.New Braunfels '"'zs.., --- PZ10-42 Hill Avenue M-1 to SND-1 4- ~ ~ ~ Map Created On 9/23/10

146 4- ~~ 0 ~----~ N -8 "-1~ ~<. -1J,.~ ~< -1J,.~ m >< ~ CD :::j ~ Legend ~ 700 Block Hill Ave. ~J. Cityof. : New Braunfels PZ10-42 Hill Avenue M-1 to SND-1 Map Created On 9/23/10 \_... \.../ '..J

147 141,..,Cityof ~-..New Braunfels City Council Agenda Item Report November 22, 2010 Agenda Item No. 3-N Presenter/Contact- Mike Morrison, City Manager ( mmorrison@nbtexas.org SUBJECT: Approval of the second and final reading of an ordinance by the City Council of the City of New Braunfels, Texas enlarging the boundaries of Reinvestment Zone Number One, City of New Braunfels, Texas; amending the project plan and finance plan for the zone to reflect the increased boundaries; consenting to the amendment of an interlocal cooperative agreement between the City of New Braunfels, Texas and the New Braunfels Industrial Development Corporation to reflect the increased boundaries of the zone; and other matters in connection therewith. BACKGROUND/RATIONALE: On June 28, 2010, the Board of Directors of Reinvestment Zone No. 1 (Creekside recommended that the City Council expand the boundaries of the Zone to include 40 +/- acres of adjacent property, including the site of the proposed Buc-ee's Travel Center. On July 26, 2010 the City Council considered the recommendation of the Board and decided that the Zone expansion should be limited to the Buc-ee's site only (approximately 18 acres. Acting on this direction, the Zone Board met again on October 19, 2010 and has recommended amendments to the Zone's Project Plan and Financing Plan that reflect the boundaries and revenues associated with enlarging the Zone to include the proposed Buc-ee's site. This ordinance will amend the Project Plan and Financing Plan of the Zone in accordance with that recommendation. Additionally, this ordinance will ratify an amendment to the agreement between the City and the Industrial Development Corporation regarding the Corporation's participation in the Zone to ensure that the Corporation participates in the expanded areas of the Zone. The City Council approved this item at their November 08, 2010 meeting. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: IN/A N/A I City Plan/Council. Priority: fiscal IMPACT: N/A BOARD/COMMISSION RECOMMENDATION: The Board of Directors of Reinvestment Zone No. 1 (Creekside have unanimously recommended that the attached Ordinance amending the Project Plan and Financing Plan of the Zone be adopted by City Council. STAFF RECOMMENDATION: Page 1 of2

148 1 12 Staff recommends approval of the Ordinance expanding the Zone in accordance with previous City Council direction and Zone Board recommendation. Page 2 of2

149 143 NO. ORDINANCE ORDINANCE BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS ENLARGING THE BOUNDARIES OF REINVESTMENT ZONE NUMBER ONE, CITY OF NEW BRAUNFELS, TEXAS; AMENDING THE PROJECT PLAN AND FINANCE PLAN FOR THE ZONE TO REFLECT THE INCREASED BOUNDARIES; CONSENTING TO THE AMENDMENT OF AN INTERLOCAL COOPERATIVE AGREEMENT BETWEEN THE CITY OF NEW BRAUNFELS, TEXAS AND THE NEW BRAUNFELS INDUSTRIAL DEVELOPMENT CORPORATION TO REFLECT THE INCREASED BOUNDARIES OF THE ZONE; AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City Council (the "Council" of the City of New Braunfels, Texas (the "City" adopted Ordinance No on May 29, 2007, which designated Reinvestment Zone Number One, City of New Braunfels, Texas (the "Zone" pursuant to Section (a of the Tax Increment Finance Act, Texas Tax Code, Chapter 311, as amended (the "Act"; and WHEREAS, the Council adopted Ordinance No on July 9, 2007, which adopted the Project Plan and Finance Plan for the Zone (the "Project Plan"; and WHEREAS, the City desires to enlarge the boundaries of the Zone by adding a certain geographic area so that the boundaries of the Zone encompass the area depicted on the attached Exhibit A; arid WHEREAS, on October 19, 2010, the Board of Directors of the Zone adopted an amendment to the Project Plan (the "Amended Plan," attached herein as Exhibit B, increasing the geographic area of the zone, and approved the Project Plan as so amended; and WHEREAS, on October 19, 2010, the Zone Board recommended that the City adopt the Amended Plan; and and WHEREAS, pursuant to the Act, the City must amend the Project Plan by ordinance; WHEREAS, notice of a public hearing to be held on November 8, 2010, was duly published in the New Braunfels Herald-Zeitung in its issue dated October 31, 2010, in compliance with Section ( c of the Act; and WHEREAS, a public hearing was held on November 8, 2010, at 6 p.m. in City Hall, New Braunfels, Texas (the "Hearing" to consider the amendment to the Project Plan at which time the City provided a reasonable opportunity for protest in accordance with Section (d ofthe Act; and

150 144 WHEREAS, on October 22, 2007, the City and the New Braunfels Industrial Development Corporation (the "IDC" entered into a certain Interlocal Cooperative Agreement (the "Agreement," attached herein as Exhibit C to provide for the transfer of funds, being a portion of the sales taxes collected in the Zone, by the IDC to the City to construct a project and to pay certain costs of that project as further provided in the Agreement; and WHEREAS, the City desires to consent to the amendment of the Agreement so that the Agreement recognizes that the sales taxes contributed by the IDC to the City include sales taxes collected in the Zone as that area is depicted in Exhibit A herein; and WHEREAS, it is the intent of the Council to induce the purchase of certain land being added to the Zone and the start of construction on such land before December 31, 20 l1 of a Bucee's travel stop on that certain land which is currently unable to be developed due to a divergence of title ownership which substantially arrests the sound growth of the municipality for this area; and WHEREAS, it is the Council's intent to reverse the addition of the land being added to the Zone herein in the event that construction of the Buc-ee's is not commenced prior to December 31, 2011; and WHEREAS, the Council hereby finds and determines that the adoption of this Ordinance is in the best interests of the citizens ofnew Braunfels, Texas; and, WHEREAS, it is hereby officially found and determined that the meeting at which this Ordinance was passed was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS: SECTION 1. The City after conducting the Hearing and having heard such evidence and testimony, has made the following findings and determinations based upon the testimony presented: (a That the Headng on the proposed Amended Plan has been properly called, held and conducted and that notices of the Hearing have been published at least seven (7 days before the Hearing in a newspaper of general circulation in the City. (b That the boundaries of the Zone should be increased by adding approximately 15 acres of land to the Zone so that the boundaries of the Zone encompass the area depicted on the attached Exhibit A. SECTION 2. The Project Plan is hereby amended to reflect the increase of the geographic boundaries of the Zone as depicted on the attached Exhibit A and the boundary increase's financial impact on the Zone as provided in the Amended Plan attached as Exhibit B

151 145 herein. SECTION 3. The Council hereby approves the Project Plan for the Zone, as amended SECTION 4. The Council hereby amends the Agreement so that the Agreement recognizes the Zone to include the area depicted on the attached Exhibit A. SECTION 5.The officers of the City are authorized to take any and all action necessary to carry out and consummate the transactions described in or contemplated by the documents approved hereby or otherwise to give effect to the actions authorized hereby and the intent hereof. SECTION 6. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. SECTION 7. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. SECTION 8. This Ordinance shall be construed and enforced in accordance with the laws ofthe State of Texas and the United States of America. SECTION 9. If any provision of this Ordinance or the application thereof to any circumstance shall be held to be invalid, the remainder of this Ordinance and the application thereof to other circumstances shall nevertheless be valid, as if such invalid provision had never appeared herein, and this governing body hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 10. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 11. This Ordinance shall be in force and effect from and after its final passage and it is so ordained. [The remainder of this page intentionally left blank.]

152 1 16 FIRST READING on the 8th day ofnovember, SECOND AND FINAL READING, PASSED AND ADOPTED on the 22nd day of November, Bruce Boyer, Mayor ATTEST: Ann Smith, Interim City Secretary (City Seal

153 147 EXHIBIT A A-1-

154 '..,., ' Q NewQuest_ PROPERTIES 1!807\'I.S.WHOUStOHPARKWAYN. :<OOHOUS'rClM.1EXI$7JOCO P.2SUI7AXIO F.2l1An..me \~\WI.tE\\'QUES'IPROPER'IlES.COU 5111JE LIMITS OFT.t.R.Z. NEW BRAUNFELS TOWN CENTER@ CREEKSIDE INTERSTATE F.M. 306 New 'Braun{e6~ 'Te;<as LOCKARII: DEVELDPMEN 4501 Prairie Parkway Cedar Falls, la 506' Office: FAX: & Texas Commercial Jnvestmen -_..- ~ ~~

155 ACRES CANYON CROSSING SUBDIVISION NEW BRAUNFELS, TEXAS FN. NO (ACD OCTOBER 21, 2010 BPI JOB NO DESCRIPTION OF A ACRE TRACT OUT OF THE A.M. ESNAURIZAR ELEVEN LEAGUE GRANT SURVEY, ABSTRACT NO. 1, SITUATED IN CITY OF NEW BRAUNFELS, COMAL COUNTY, TEXAS, BEING COMPRISED OF LOTS 1, 2, AND 7, AND A PORTION OF LO'l'S 3, 8, AND 9, BLOCK "A", CANYON CROSSINGS PHASE 1, A SUBDIVISION OF RECORD IN DOCUMENT NO , OF THE OFFICIAL PUBLIC RECORDS OF COMAL COUNTY, TEXAS, AND THAT CERTAIN ACRE TRACT CONVEYED TO TURNER FAMILY PARTNERSHIP LTD, BY DEED OF RECORD IN DOCUMENT NO. 200' , OF SAID OFFICIAL PUBLIC RECORDS; SAID ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING, at a 1/2-inch iron rod found on the southeasterly rightof-way line of IH-35 (R.O.W. varies, being the most northerly corner of that certain acre tract conveyed to Rodney James Timmerman, Et. Al., by Deed of record in Volume 369, Page 552, of the Official Records of Comal County, Texas, for the most westerly corner of said Lot 9 and hereof; THENCE, N45 23'54"E, along said southeasterly right-of-way line of IH-35, being the northwesterly lines of said Lot 9 and said acre tract, for a portion of the northwesterly line hereof, a distance of feet to TxDOT Type II monument (brass disc in concrete found at an angle point in said southeasterly right-ofway line, said angle point being called right of baseline station , for an angle point; THENCE, N54 41'51"E, continuing along said southeasterly right-ofway line, being the northwesterly lines of said acre tract and said Lot 7, for a portion of the northwesterly line hereof, a distance of feet to a 1/2-inch iron rod with cap set at an angle point in said southeasterly right-of-way line, for an angle point, from which a damaged TxDO'r Type II monument found bears N54 55'00"E, a distance of 0.61 feet; THENCE, N45 19' 47"E, continuing along said southeasterly right-ofway line, being the northwesterly lines of said Lots 7 and 1, for a portion of the northwesterly line hereof, a distance of feet to a punch hole found in a sidewalk at westerly terminus of a right-of-way cutback line between said southeasterly right-of-way line and the southwesterly right-of-way line of F.M. 306 (R.O. W. varies, for the most northerly corner hereof; THENCE, S89 35' 14"E, along said right-of-way cutback line, being the northwesterly line of said Lot 1, for a portion of the northeasterly line hereof, a distance of feet to a 1/2-inch iron rod with cap stamped "Doucet" found at the easterly terminus of said right-of-way cutback line, being on said southwesterly right-of-way line of F.M. 306, for an angle point;

156 FN NO (ACD OCTOBER 21, 2010 PAGE 2 OF 2 ' 150 TiiE!JCE, along said southwesterly right-of-way line of F.M. 306, being the northeasterly lines of said Lots 1-3 and 8-9, fot a portion of the northeasterly line hereof, the following three (3 courses and distances: 1 S44 39'08"E, a distance of feet to a 1/2-inch iron rod with cap stamped ''Team:" found for an angle point; 2 S50 02'46"E, a distance of feet to a 1/2-i:ilch iron rod with cap stamped "Doucet" found for an angle point; 3 S43 24'29"E, a distance of feet to a 1/2-inch iron rod, with cap set for the most easterly corner hereof; THENCE, S44 58' 04"W, leaving said southwesterly right-of-way line of F.M. 306, over and across said Lots 3, 8, and 9, for the southeasterly line hereof, a distance of "0 feet to a 1/2-inch iron rod with cap set on the southerly line of said Lot 9, being the northerly line of said acre tract, for the most souther:j,.y corner hereof; THENCE, N43 29' 35"W, along the cnortheast.erly line of said 2. 02B acre tr:act, for the southwesterly line of said Lot 9 and hereof, a distance of feet to the PQINT OF BEGINNING, and containing acres (779, 41.2 square feet of land, more or less, within these metes and bounds. :SEARING BASIS: THE BASIS OF BEARINGS IS THE TEXAS COORDINATE SYSTEM, SOUTH CENTRAL ZONE, NAD 83(93, UT!LIZING tcra GPS CONTROL MONUMENTS AZ15, A358, 1307X, AND 1308X. I, ABRAM C. DASHNER, A REG!STERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTlFY THAT THE PROPERTY DESCRIBED HEREIN WAS DETERMINED BY A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION. BURY & PARTNERS, INC. ENGINEERING SOLUTIONS 221 WEST SIXTH STREET SUITE 600 AUSTIN, TEXAS 78701

157 i "DOUCET" L2 v PUNCH HO LE F.M.. "~AM" 306 (R.O.W. VARIES S43*24'2,~t'E L ;.... ~;. "DOUCET" ~..-- t' t' 0> ACRES. (779,412 SQ FT. 0 ;;q t' N...- 3: \t a '00. ~. ~ (/ 0 p.o.s. I 0 LIN~ L1 L2 L3 LEG EN D L n I I ''=20D'. LINE TABLE LENGTH S89~35't4"t 1'60.09 S50'02'46"E 1" /2". IRON ROD F'OUND (UNLESS NOTED 1/2" IRON ROD SET MONU MENT FOUND POINT. OF BEGINNING P~O.B. "4069" N43"29'35"W ' RObN.E:Y JAMES TJMMERMAN GALLED :2.028 ACRES VOLUME 369~ PAGE 55:2.ET AL BEARING BASIS: THE BASIS OF BEARINGS IS THE TEXAS COORDINATE SYSTEM, SO\.JTH CENTRAL ZONE, NAO 83(93, UTILIZING LCRA GPS CONTROL MONUMENTS AZ15, A~58, 1307X, AND 1308X... Bury+Partners E~OINEHING SO.LUTION$ 221.'West. SiXth lll.teet, Suite 600 Au~ Te,o 'l'ej. '(612328~olu1 Fu (~12S~a,..os25 Buq+Pari:ners, Inc. «~.Copyright ao10 SKEtCH TO ACCOMPANY DESCRIPTION BUC... EE!S NEW BRAUNFELS ACD PROJ. No:

158 152 EXHIBITB B-1-

159 Amended Project Plan & Reinvestment Zone Financing Plan Tax Increment Reinvestment Zone No.1 City of New Braunfels, Texas M l.('...-1 October 2010 :~ 1 ~..~.

160 ~~.~..~. Amended Project Plan and Reinvestment Zone Financing Plan 1. Summary of Amendment 2. Exhibits v l.r...; 2

161 Summary of Amendment 1.!".1 1.!".1...-! Pursuant to Section (e, Texas Tax Code, an Amended Project Plan and Reinvestment Zone Financing Plan is hereby adopted for the addition of approximately 15 acres of land to Tax Increment Reinvestment Zone No. 1, City of New Braunfels, Texas (the "TIRZ", for a total TIRZ acreage of 507 acres. In connection with the addition of land, the exhibits attached hereto shall be incorporated into the Amended Plan. Except as amended by the revised exhibits attached hereto, the Project Plan and Reinvestment Zone Financing Plan for Tax Increment Reinvestment Zone No.1 remains unchanged and in full force and effect. (', 3,''~ ~-.

162 ,/..,.--...' ~~- -~- Ad Valorem {Real Property Collection Total (1 Ad Valorem (Real Property Dedicated to Zone Projects Ad Valorem (Real Property Retained by Jursidiction City of New Braunfels EDC $46,528,872 $0 ($39,549, 768 $0 $6,979,104 $0 Comal County $29,859,634 ($25,346,148 $4,513,487 ComaiiSD $150,127,923 $0 $150,127,923 Sales Tax Collection Total (2 Sales Tax Dedicated to Zone Projects (2 Sales Tax Retained by Local Jurisdictions {2 $80,065,801 $27,888,376 ($9,296,125 ($27,888,376 $70,769,676 $0 $37,184,502 $0 $37,184,502 $0 $0 $0 Ad Valorem (BPP&I Collection Total (3 Ad Valorem IBPP&Il Dedicated to Zone Projects Ad Valorem (BPP&I Retained by Jurisdiction $3,793,807 $0 -$3,239,276 $0 $554,531 $0 $2,391,479 -$2,032,856 $358,623 $12,297,484 $0 $12,297,484 I Estimated Total Retained by Jurisdiction $78,303,311 $0 $42,056,612 $162,425,407 {1 Reference Projected Zone Revenue Real Property (2 Reference Projected Zone Revenue Sales Tax (3 Reference Projected Zone Revenue BBP&I *Refer to Commercial Build Out Schedule for Detail of Projected Values and Sales Amends Summary of Jurisditional Participation on Page 7 LO LJ'...-!

163 157 ~«.,~ ~~'~r~m~n~b~v~~wc! City Zone Revenue County Zone ltevemue Tax. Year Collection Year (Real Property & (Real Property and BPP&I BPP&I City/EDC Zone Revenue (Sales Tax Total Annual Revenue $0. $0 $234,000 $234, $162,450 $0 $234,000 $396, $253,406 $0 $374,673 $628, $347,782 $197,949 $552,375 $1,098, $537,255 $347,483 $745,447 $1,630, $1,110,883 $718,494 $808,583 $2,637, $1,283,673 $830,249 $910,998 $3,024, $1,709,213 $1,105,478 $1,046,085 $3,860, $2,042,079 $1,320,769 $1,254,193 $4,617, $2,200,728 $1,423,381 $1,436,351 $5,060, $2,209,438 $1,429,013 $1,568,385 $5,206, $2,209,438 $1,429,013 $1,603,720 $5,242, $2,209,438 $1,429,013 $1,639,938 $5,278, $2,209,438 $1,429,013 $1,677,061 $5,315, $2,209,438 $1,429,013 $1,715,113 $5,353, $2,209,438 $1,429,013 $1,754,116 $5,392, $2,209,438 $1,429,013 $1,794,094 S5,432, $2,209,438 $1,429,013 $1,835,071 $5,473, $2,209,438 $1,429,013 $1,877,073 $5,515, $2,209,438 $1,429,013 $1,920,124 $5,558, $2,209,438 $1,429,013 $1,964,253 $5,602, $2,209,438 $1,429,013 $2,009,484 $5,647, $2,209,438 $1,429,013 $2,055,846 $5,694, $2,209,438 $1,429,013 $2,103,367 $5,741, $2,209,438 $1,429,013 $2,152,076 $5,790,528 $42,789,044 $27,379,003 $35,266,426 $105,434,473 Amends Zone Increment Revenue on Page 19

164 158 I ZQn~e n~r~rn~ni\l~jijj~... i ( >C Total Increment Total Increment Real Property Tax Year Collection Year BPJ»&I Value* AsS!!SSed Value (Ad Gross Sales (Sales Value Valorem Ta~ Tax $0 $0 $0 $ $42,141,550 $5,750,000 $47,891,550 $46,800, $64,941,250 $9,741,188 $74,791,250 $74,934, $90,561,449 $11,978,020 $102,539,469 $110,475, $144,848,706 $13,703,020 $158,551,726 $149,089, $305,711,160 $22,313,020 $328,024,180 $161,716, $349,314,370 $29,613,020 $378,927,390 $182,199, $466,212,490 $38,363,020 $504,575,510 $209,217, $559,528,490 $43,388,020 $602,916,510 $250,838, $604,978,490 $44,838,020 $649,816,510 $287,270, $604,978,490 $47,338,020 $652,316,510 $313,677, $604,978,490 $47,338,020 $652,316,510 $320,743, $604,978,490 $47,338,020 $652,316,510 $327,987, $604,978,490 $47,338,020 $652,316,510 $335,412, $604,978,490 $47,338,020 $652,316,510 $343,022, $604,978,490 $47,338,020 $652,316,510 $350,823, $604,978,490 $47,338,020 $652,316,510 $358,818, $604,978,490 $47,338,020 $652,316,510 $367,014, $604,978,490 $47,338,020 $652,316,510 $375,414,'!> $604,978,490 $47,338,020 $652,316,510 $384,024, $604,978,490 $47,338,020 $652,316,510 $392,850, $604,978,490 $47,338,020 $652,316,510 $401,896, $604,978,490 $47,338,020 $652,316,510 $411,169, $604,978,490 $47,338,020 $652,316,510 $420,673, $604,978,490 $47,338,020 $652,316,510 $430,415,263 *Not to exceed 15% of Real Property Increment. Amends Zone Increment Value on Page 20

165 159 ~e f~~= i~w ~ ~~ sr ~; ~~!. J ~f %! ~ h! ~H- ~~~~~~~~I&!~~E~~~~ if~~if~~f'ta:if~ ~!:=- ii-i11a=5=&~l=i~ll ij ~!_ [~ik!~!! = "i.. :O... f :l- 1i I ~ rl I a.il c1!" a ~ ~i" i~i ~ -~ ~ = ~ oil! l

166 160 ~~ il ~!I h h ~ n 1 ~~ N h ~ ~ll I!.s E.~ 8 0 0

167 161 ' Pr~jecte~ Ac~f!~s~~'"M:~!ij,~]ipo$ << < '.. Cumulative Commercial City Projected County Projected Taxable Tax Roll Jan 1 Valuation Taxable Valuation Valuation 2009 $47,891,550 $47,891,550 $47,891, $74,791,250 $74,791,250 $74,791, $102,539,469 $102,539,469 $102,539, $158,551,726 $158,551,726 $158,551, $328,024,180 $328,024,180 $328,024, $378,927,390 $378,927,390 $378,927, $504,575,510 $504,575,510 $504,575, $602,916,510 $602,916,510 $602,916, $649,816,510 $649,816,510. $649,816,510 Amends Schedule B on Page 21. >

168 ~- 0-~ '"~'\ Tax Year Collection Year Real Pr(!p_erty Ad Valorem Value 85~City Participation Tax Rate 97% City Zone County Tax Collection Rate 85%County Combined City Retained 97% County zone Retained City CISDTax Participation Tax and County County Tax CISD Tax Revenue Collection Tax Revenue Rate"' Rate Revenue Revenue C\J ld.,...; Accounts for $0.33 reduction $0 $42,141,550 $64,941,250 $90,561,449 $144,848,706 $305,711,160 $349,314,370 $466,212,490 $559,528,490 $604,978,490 $604,978,490 $604,978,490 $604,978,490 $604,978,490 $604,978,490 $604,978,490 $604,978,490 $604,978,490 $604,978,490 $604,978,490 $604,978,490 $604,978,490 $604,978,490 $604,978,490 $604,978,490 $ $0 $ $ $142,417 $ $ $219,468 $ $ $306,051 $ $ $489,513 $ $ $1,033,145 $ $ $1,180,501 $ $ $1,575,556 $ $ $1,890,915 $ $ $2,044,513 $ $ $2,044,513 $ $ $2,044,513 $ $ $2,044,513 $ $ $2,044,513 $ $ $2,044,513 $ $ $2,044,513 $ $ $2,044,513 $ $ $2,044,513 $ $ $2,044,513 $ $ $2,044,513 $ $ $2,044,513 $ $ $2,044,513 $ $ $2,044,513 $ $ $2,044,513 $ $ $2,044,513 $ $39,549,768 $0.00 $0 $0 $0 $0 $ $0 $0.00 $0 $142,417 $25,131 $16,253 $ $540,602 $0.00 $0 $219,468 $38,728 $25,046 $ $833,083 $ $197,949 $504,000 $54,007 $34,927 $ $1,161,745 $ $316,610 $806,123 $86,381 $55,864 $ $1,858,155 $ $668,223 $1,701,368 $182,313 $117,904 $ $3,921,739 $ $763,531 $1,944,032 $208,316 $134,721 $ $4,481,092 $ $1,019,046 $2,594,602 $278,029 $179,805 $ $5,980,690 $ $1,223,016 $3,113,932 $333,678 $215,794 $ $7,177,771 $ $1,322,361 $3,366,873 $360,783 $233,323 $ $7,760,815 $ $1,322,361 $3,366,873 $360,783 $233,323 $ $7,760,815 $ $1,322,361 $3,366,873 $360,783 $233,323 $ $7,760,815 $ $1,322,361 $3,366,873 $360,783 $233,323 $ $7,760,815 $ $1,322,361 $3,366,873 $360,783 $233,323 $ $7,760,815 $ $1,322,361 $3,366,873 $360,783 $233,323 $ $7,760,815 $ $1,322,361 $3,366,873 $360,783 $233,323 $ $7,760,815 $ $1,322,361 $3,366,873 $360,783 $233,323 $ $7,760,815 $ $1,322,361 $3,366,873 $360,783 $233,323 $ $7,760,815 $ $1,322,361 $3,366,873 $360,783 $233,323 $ $7,760,815 $ $1,322,361 $3,366,873 $360,783 $233,323 $ $7,760,815 $ $1,322,361 $3,366,873 $360,783 $233,323 $ $7,760,815 $ $1,322,361 $3,366,873 $360,783 $233,323 $ $7,760,815 $ $1,322,361 $3,366,873 $360,783 $233,323 $ $7,760,815 $ $1,322,361 $3,366,873 $360,783 $233,323 $ $7,760,815 $ $1,322,361 $3,366,873 $360,783 $233,323 $ $7,760,815 $25,346,148 $64,895,916 $6,979,104 $4,513,487 $150,127,923 Amends Schedule S: on Page 22 0

169 ('I' ld..-i BPP&IAd Tax Year Collection Year Valorem Value $ $5,750, $9,850, $11,978, $13,703, $22,313, $29,613, $38,363, $43,388, $44,838, $47,338, $47,338, $47,338, $47,338, $47,338, $47,338, $47,338, $47,338, $47,338, $47,338, $47,338, $47,338, $47,338, $47,338, $47,338,020 15%ofReal Property Ad Valorem Tax Increment 15%ofReal Property Increment $0 $0 $6,321,233 $5,750,000 $9,741,188 $9,741,188 $13,584,217 $11,978,020 $21,727,306 $13,703,020 $45,856,674 $22,313,020 $52,397,156 $29,613,020 $69,931,874 $38,363,020 $83,929,274 $43,388,020 $90,746,774 $44,838,020 $90,746,774 $47,338,020 $90,746,774 $47,338,020 $90,746,774 $47,338,020 $90,746,774 $47,338,020 $90,746,774 $47,338,020 $90,746,774 $47,338,020 $90,746,774 $47,338,020 $90,746,774 $47,338,020 $90,746,774 $47,338,020 $90,746,774 $47,338,020 $90,746,774 $47,338,020 $90,746,774 $47,338,020 $90,746,774 $47,338,020 $90,746,774 $47,338,020 $90,746,774 $47,338,020.85% City Tax City Zone 85% County., County Zone Total Rev. Retained City ComaiiSD Revenue Ta'x Rev Generated Tax Revenue Retained County Tax Revenue $ $0 $0.00 $0 $0 $0 $0 $0 $ $20,033 $0.00 $0 $76,044 $20,033 $3,429 $2,218 $ $33,938 $0.00 $0 $130,266 $33,938 $5,874 $3,799 $ $41,731 $0.00 $0 $158,409 $41,731 $7,143 $4,620 $ $47,741 $ $30,873 $181,222 $78,614 $8,172 $5,285 $ $77,739 $ $50,271 $295,090 $128,010 $13,307 $8,606 $ $103,172 $ $66,718 $391,632 $169,890 $17,660 $11,421 $ $133,657 $ $86,432 $507,351 $220,089 $22,878 $14,796 $ $151,164 $ $97,753 $573,807 $248,917 $25,875 $16,734 $ $156,216 $ $101,020 $592,983 $257,236 $26,739 $17,293 $ $164,926 $ $106,653 $626,045 $271,578 $28,230 $18,257 $ $164,926 $ $106,653 $626,045 $271,578 $28,230 $18,257 $ $164,926 $ $106,653 $626,045 $271,578 $28,230 $18,257 $ $164,926 $ $106,653 $626,045 $271,578 $28,230 $18,257 $ $164,926 $ $106,653 $626,045 $271,578 $28,230 $18,257 $ $164,926 $ $106,653 $626,045 $271,578 $28,230 $18,257 $ $164,926 $ $106,653 $626,045 $271,578 $28,230 $18,257 $ $164,926 $ $106,653 $626,045 $271,578 $28,230 $18,257 $ $164,926 $ $106,653 $626,045 $271,578 $28,230 $18,257 $ $164,926 $ $106,653 $626,045 $271,578 $28,230 $18,257 $ $164,926 $ $106,653 $626,045 $271,578 $28,230 $18,257 $ $164,926 $ $106,653 $626,045 $271,578 $28,230 $18,257 $ $164,926 $ $106,653 $626,045 $271,578 $28,230 $18,257 $ $164,926 $ $106,653 $626,045 $271,578 $28,230 $18,257 $ $164,926 $ $106,653 $626,045 $271,578 $28,230 $18,257 $3,239,276 $2,032,856 $12,297,484 $5,272,131 $554,531 $358,623 Amends Schedule D on Page 23,~..~ ~.

170 164 Pr6j~ct~~ School Dis~ri~~~~:ifo~~P~~~~v~nu~. Year Real Property Value BPP&I Valu~ CISDTax CISD Revenue 2008 $0 $0 $ $ $42,141,550 $5,750,000 $ $633, $64,941,250 $9,741,188 $ $987, $90,561,449 $11,978,020 $ $1,356, $144,848,706 $13,703,020 $ $2,096, $305,711,160 $22,313,020 $ $4,338, $349,314,370 $29,613,020 $ $5,011, $466,212,490 $38,363,020 $ $6,673, $559,528,490 $43,388,020 $ $7,973, $604,978,490 $44,838,020 $ $8,593, $604,978,490 $47,338,020 $ $8,626, $604,978,490 $47,338,020 $ $8,626, $604,978,490 $47,338,020 $ $8,626, $604,978,490 $47,338,020 $ $8,626, $604,918,490 $47,338,020 $ $8,626, $604,978,490 $47,338,020 $ $8,626, $604,978,490 $47,338,020 $ $8,626, $604,978,490 $47,338,020 $ $8,626, $604,978,490 $47,338,020 $ $8,'626, $604,978,490 $47,338,020 $ $8,626, $604,978,490 $47,338,020 $ $8,626, $604,978,490 $47,338,020 $ $8,626, $604,978,490 $47,338,020 $ $8,626, $604,978,490 $47,338,020 $ $8,626, $604,978,490 $47,338,020 $ $8,626,886 $167,067,100 Replaces Schedule F on Page 25

171 165 < Projected zone Rev~nue (Sale$Tax EDC Sales Tax County Sales Year Gross Sales City Tax Tax Generated Revenue Tax Revenue (0.375% Tax (0.50%Tax Total Sales Tax Revenue Sales Tax Revenue Available for Zone Projects* 2009 $46,800, % $526,500 $175,500 $234,000 $936,000 $234, $74,934, % $843,014 $281,005 $374,673 $1,498,692 $374, $110,475, % $1,242,844 $414,281 $552,375 $2,209,500 $552, $149,089, % $1,242,844 $559,085 $745,447 $2,547,376 $745, $161,716, % $1,677,255 $606,437 $808,583 $3,092,276 $808, $182,199, % $1,819,312 $683,248 $910,998 $3,413,558 $910, $209,217, % $2,049,745 $784,564 $1,046,085 $3,880,394 $1,046, $250,838, % $2,353,691 $940,645 $1,254,193 $4,548,530 $1,254, $287,270, % $2,821,935 $1,077,264 $1,436,351 $5,335,550 $1,436, $313,677, % $3,231,791 $1,176,289 $1,568,385 $5,976,465 $1,568, $320,743, % $3,528,867 $1,202,790 $1,603,720 $6,335,376 $1,603, $327,987, % $3,608,370 $1,229,953 $1,639,938 $6,478,261 $1,639, $335,412, % $3,689,860 $1,257,796 $1,677,061 $6,624,717 $1,677, $343,022, % $3,773,388 $1,286,335 $1,715,113 $6,774,835 $1,715, $350,823, % $3,859,004 $1,315,587 $1,754,116 $6,928,706 $1,754, $358,818, % $3,946,760 $1,345,570 $1,794,094 $7,086,424 $1,794, $367,014, % $4,036,710 $1,376,303 $1,835,071 $7,248,084 $1,835, $375,414, % $4,128,909 $1,407,804 $1,877,073 $7,413,787 $1,877, $384,024, % $4,223,413 $1,440,093 $1,920,124 $7,583,631 $1,920, $392,850, % $4,320,280 $1,473,189 $1,964,253 $7,757,722 $1,964, $401,896, % $4,419,568 $1,507,113 $2,009,484 $7,936,165 $2,009, $411,169, % $4,521,339 $1,541,884 $2,055,846 $8,119,069 $2,055, $420,673,427 1.'125% $4,625,653 $1,577,525 $2,103,367 $8,306,546 $2,103, $430,415, % $4,732,576 $1,614,057 $2,152,076 $8,498,710 $2,152, $430,415, % $4,842,172 $1,614,057 $2,152,076 $8,608,305 $2,152,076 $7,436,900,384 $80,065,801 $27,888,376 $37,184,502 $145,138,680 $37,184,502 0 Replaces Schedule G on Page 26

172 166 EXHIBITC C-1-

173 167 RESOLUTION NO R52 RESOLUTION BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS AUTHORIZING AN INTERLOCAL COOPERATIVE AGREEMENT BEtWEEN THE NEW BRAUNFELS INDUSTRIAL DEVELOPMENT CORPORATION AND THE CITY OF NEW BRAUNFELS, TEXAS; AND OTHER MAnERS IN CONNECTION THEREWITH WHEREAS, the City of New Braunfels, Texas {the City} is authorized pursuant to the provisions of Section 48, as amended, Texas Revised Civil Statutes Annotated Article (the Act} to create a nonprofit industrial development corporation (the Corporation}; WHEREAS, the City Council {the Council of the City on August 14, 2000 authorized the calling of an election authorizing the levy of three.eights (3/8 of one percent {1% additional sales and use tax {the Sales Tax} within the City in accordance with the provisions Qf the Act; WHEREAS, the majority of the citizens of the City approved the levy of the Sales Tax at an election held on November 7, 2000; WHEREAS, the Council pursuant to an ordinance adopted on November 13, 2000 authorized the levy of the Sales Tax; WHEREAS, Section 2(11 of the Act defines "projecr to include expenditures found by the Board of Directors of the Corporation to be required or suitable for infrastructure necessary to promote or develop new or expanded business enterprises limited to streets and roads, rail spurs, water and electric utilities, gas utilities, drainage and related improvements, and telecommunications and Internet improvements; and WHEREAS, the Council published notice of the specific project or type of general project that the Corporation intends to undertake concerning the altocation of Sales Taxes of the Corporation for certain projects consisting of the development of regional drainage improvements and the construction of Farm to Market Road {FM 306 on the east side of Interstate Highway (/H 35 to FM 1101, the extension of water mains down FM 306 and FM 1101 to connect with the existing water service at FM 1101 and Collenberg Road, and various road and utilities infrastructure in that area which will support the Creekside Project, a proposed one million square foot retail facility to be constructed at IH 35 and FM 306 (the Project} ; and WHEREAS, the City created Reinvestment Zone Number One, City of New Braunfels, Texas (the Zone; and WHEREAS, the Corporation has agreed to contribute its S~les Tax collected in the Zone to the City for deposit in the tax increment fund for the Zone; and 6S04S862.2

174 168 WHEREAS, the Corporation has agreed to contribute its Sales Tax collected in, the Zone to the City for deposit in the tax increment fund for the Zone; and WHEREAS, the agreement attached hereto as Exhibit A is approved by the Council to provide for the transfer of funds, being a portion of the Sales Tax collected in the Zone, by the Corporation to the City to construct the Project, and to pay certain other costs of the Project; and WHEREAS, the Board hereby finds and determines the adoption of this Resolution and the execution of the agreement are in the best interests of the citizens of the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS THAT: SECTION 1: The agreement attached hereto as Exhibit A is incorporated by reference to this Resolution for all purposes. SECTION 2: The Mayor and the City Secretary of the City are hereby authorized to execute and seal the agreement. SECTION 3: The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the Council. SECTION 4: All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. SECTION 5: This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 6: If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless, be valid, and the Council hereby declares that this Resolution would have been enacted without such invalid provision. SECTION 7: It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 8: This Resolution shall be in force and effect from and after the date of its adoption, and it is so resolved

175 169 PASSED AND APPROVED, this the 22nd day of October, CITY OF NEW BRAUNFELS, TEXAS ~----- ayor City (CITY SEAL

176 170 EXHIBIT A lnterlocal Agreement See Tab No. 6S04S862.2 A-1

177 171 EXHIBIT A INTERLOCAL COOPERATIVE AGREEMENT BETWEEN CITY OF NEW BRAUNFELS, TEXAS AND. THE NEW BRAUNFELS INDUSTRIAL DEVELOPMENT CORPORATION RELATING TO THE ANTICIPATED TRANSFER OF CERTAIN PROCEEDS OF THE SALES AND USE TAX RECEIVED BY THE CORPORATION TO THE CITY TO PROVIDE FOR THE PAYMENT OR REIMBURSEMENT OF CERTAIN COSTS RELATING TO THE CONSTRUCTION OF CERTAIN PUBLIC PROJECTS IN THE CITY; AND OTHER MATTERS IN CONNECTION THEREWITH. This agreement (the Agmement is made to be effective as of the 22"d day of October, 2007 by and between the City of New Braunfels, Texas, a municipal corporation and home-rule city of the State of Texas (the City, and the New Braunfels Industrial Development Corporation (the Corporation, an economic development corporation created pursuant to the provisions of Section 48 of the Development Corporation Act of 1979, Texas Revised Civil Statutes Annotated Article , as amended (the Act. The City of New Braunfels and the Corporation may hereinafter be referred to collectively as the Parties. RECITALS WHEREAS, on August 14, 2000 the City Council (the Council of the City called an election concerning the levy of an additional sales and use tax for the benefit of the Corporation pursuant to the provisions of Section 48 of the Act to determine if the qualified voters of the City would approve the levy of this additional sales and use tax in the amount of three-eights of one percent (3/8 of 1% (the Sales Tax within the City for the benefit of the Corporation; and WHEREAS, this election was held on November 7, 2000 (the Election, and the qualified citizens of the City approved the levy of the Sales Tax; and WHEREAS, the Council adopted a resolution on November 13, 2000, approving (i the creation of the Corporation, (ii its articles of incorporation, and (iii its bylaws, and levied the Sales Tax in accordance with the provisions of the Act; and WHEREAS, the levy of the Sales Tax has been approved by the Comptroller of Public Accounts for the State of Texas (the Comptroller and has been and will be collected by the Corporation in the form, time, and manner as provided in the Act and pursuant to the provisions of Chapter 321, as amended, Texas Tax Code; and WHEREAS, Section 2(11 of the Act defines "project" to include expenditures found by the Board of Directors of the Corporation to be required or suitable for infrastructure necessary to promote or develop new or expanded business enterprises limited to streets and roads, rail spurs, water and electric utilities, gas utilities, drainage and related improvements, and telecommunications and Internet improvements; and

178 172 WHEREAS, the proposed project (the Project will consist of the development of regional drainage improvements and the construction of Farm to Market Road ("FM" 306 on the east side of Interstate Highway ("IH" 35 to FM 1101, the extension of water mains down FM 306 and FM 1101 to connect with the existing water service at FM 1101 and Collenberg Road, and various road and utilities infrastructure in that area which will support the Creekside Project, a proposed one million square foot retail facility to be constructed at IH 35 and FM 306; and WHEREAS, Section 48 (a-1 of the Act provides that before the Corporation may undertake any project, the City must first publish notice of the specific project or type of general project that the Corporation intends to undertake; and WHEREAS, on July 10, 2007 the City published notice of the Project; and WHEREAS, the City will own the Project and will have full responsibility for the design and construction of the Project and the Corporation shall have no duties or responsibilities with respect to the Projects other than as provided in this Agreement; and WHEREAS, the City created Reinvestment Zone Number One, City of New Braunfels, Texas (the Zone; and WHEREAS, the Corporation has agreed to contribute its Sales Tax collected in the Zone to the City for deposit in the tax increment fund for the Zone; and WHEREAS, under the current policies and procedures established by the Comptroller the sales and use tax belonging to the City and the Sales Tax belonging to the Corporation are collected, commingled, and remitted directly to the City in undivided interests and without allocations or notations of ownership as between the City and the Corporation; and WHEREAS, it is appropriate and necessary that the City and the Corporation adopt formal procedures by which the City's sales and use tax and the Corporation's Sales Tax are collected, deposited, held, identified, allocated, and transferred to or for the benefit of the Corporation; and WHEREAS, the Parties intend to enter into this interlocal cooperative agreement (the Agreement relating to the allocation of proceeds from sales and use taxes of the Corporation levied in the Zone to the City for expenditures relating to the Project as provided herein; WHEREAS, this Agreement shall constitute an interlocal cooperative agreement as authorized pursuant to the provisions of Chapter 791, as amended, Texas Government Code; WHEREAS, the City and the Corporation expressly acknowledge and recognize that pursuant to the Act, the Sales Tax proceeds collected in the Zone may only be allocated for purposes of the Project as authorized by the Act; and

179 173 NOW, THEREFORE, in consideration of the foregoing, and for other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: SECTION 1: Rights and Obligations 1.1 The City will own and cause the construction of the Project pursuant to the project plan for the Zone In consideration of the City's agreement to undertake the actions set forth in Section 1 hereof, the Corporation shall transfer on an annual basis during the term of the Zone lawfully available Sales Tax proceeds to the City in the amount of 3/8 of 1% collected in the Zone on behalf of the Corporation by the State of Texas Comptroller. SECTION 2: Limitation on Use of Sales Tax Proceeds. The City and the Corporation expressly recognize and covenant that the Sales Tax proceeds collected in the Zone and transferred to the City by the Corporation may only allocated for expenditures relating to the Project all as provided in the Act and applicable law. SECTION 3: Amendments and Modifications. This Agreement shall be binding upon the City and the Corporation and their respective successors and legal representatives and shall inure solely to the benefit of the City and Corporation and their respective successors and legal representatives. Furthermore, no alteration, amendment, or modification of any provision of this Agreement shall be effective unless (1 prior written consent of such alteration, amendment, or modification shall have been obtained from the parties hereto, and (2 such alteration, amendment, or modification is in writing and signed by the parties hereto. SECTION 4: Default. In the event that either the Corporation or the City should violate any of the terms of this Agreement, the other party shall promptly notify the other respective party of the violation. In the event this violation is not cured within thirty (30 days after the sending of such notice, the party sending the notice may at its discretion notify the other party of its intention to declare this Agreement forfeited and null and void. Upon such notice, the delinquent party shall have thirty {30 days to cure this violation prior to final action by the other party declaring this Agreement forfeited and null and void. SECTION 5: Miscellaneous: Assignment. All the situations, promises, undertaking and agreements herein contained by or on behalf of either the Corporation or the City shall bind the successors and assigns of either party, whether so expressed or not but neither the Corporation nor the City shall have the right to assign this Agreement, or any part thereof except as hereinafter provided without the written consent of the other party. Either party may waive any default on the part of the opposite affecting any other provision of this Agreement; and a waiver of any. one default shall not be deemed a waiver of any other or subsequent default or defaults. No delay by either party in enforcing any of its rights under this Agreement shall be deemed a waiver of such rights

180 174 SECTION 6: Approval and Consent. Unless otherwise provided herein, any approval or consent required by the provisions of this Agreement by the City or the Corporation shall be evidenced by a written resolution adopted by the governing body of the party giving such approval or consent. Upon receipt of such written resolution duly certified by the appropriate party, the City or the Corporation can conclusively act on the matter requiring such approval. SECTION 7: Addresses and Notice. Unless otherwise provided herein, any notice, communication, request, reply, or advice (herein severally and collectively, for convenience; called "Notice" herein provided or permitted to be given, made or accepted by any party to any other party must be in writing and may be given or be served by depositing the same in the United States mail postpaid and registered or certified and addressed to the party to be notified, with return receipt requested, or by delivering the same to an officer of such party, or by prepaid telegram when appropriate, addressed to the party to be notified. Notice deposited in the mail in the manner hereinabove described shall be conclusively deemed to be effective, unless otherwise stated herein, from and after the expiration of three days after it is so deposited. Notice given in any other manner shall be effective only if and when received by the party to be notified. For the purposes of notice, the addresses of the parties hereto shall, until changed as hereinafter provided, be as follows: A. lfto the City, to: City of New Braunfels 424 South Castell Avenue New Braunfels, Texas Attention: City Manager B. If to the Corporation, to: New Braunfels Industrial Development Corporation 424 South Castell Avenue New Braunfels, Texas Attention: Executive Director The parties hereto shall have the right from time to time and at any time to change their respective addresses and each shall have the right to specify as its address any other address by at least ten (10 days' written notice to the other parties hereto. SECTION 8: Covenants. The City and the Corporation covenant that they will faithfully perform at all times any and all covenants, undertakings, stipulations, and provisions contained in this Agreement. The City and the Corporation covenant that they are duly authorized under the laws of the State of Texas to execute and deliver this Agreement, that all actions on their part as provided herein and the execution and

181 175 delivery of this Agreement have been duly and effectively taken according to the import thereof as provided in this Agreement. SECTION 9: Venue. Any damages for the breach of this Agreement shall be paid and be due in the County of Comal, Texas, which is the County in which the principal administrative offices of the City and the Corporation are located. It is specifically agreed among the parties to this Agreement that the County of Comal, Texas, is the place of performance of this Agreement; and in the event that any legal proceeding is brought to enforce this Agreement or any provision hereof, the same shall be brought in the County of Comal, Texas. SECTION 10: Leaal Fees. In the event it is necessary for either party to commence legal action of any kind to enforce its rights hereunder, the prevailing party in such litigation shall be entitled to collect all court costs and reasonable attorney's fees and expenses incurred in connection therewith. SECTION 11: Force Majeure. In the event that either party shall be entirely prevented from completing performance of its obligations hereunder by an act of God or any other occurrence whatsoever which is beyond the control of such party, then such party shall be excused from any further performance of its obligations and undertakings hereunder. In the event that the performance of either party of any obligations or undertakings hereunder shall be interrupted or delayed by any occurrence and not occasioned by the conduct of either party hereto, whether such occurrence be an act of God or the common enemy or the result of war, riot, civil commotion, sovereign conduct, or the act or conduct of any person or persons not party or privy hereto, then he shall be excused from such performance for such period of time as is reasonably necessary after such occurrence to remedy the effects thereof. SECTION 12: Holiday. If the date for making any payment or the last date for performance of any act or the exercising of any right, as provided in this Agreement, is not a business day, such payment may be made or act performed or right exercised on the next succeeding business day with the same force and effect as if done on the date provided therefor herein. SECTION 13: Counterparts. This Agreement may be executed in any number of counterparts, each of such counterparts shall for all purposes be deemed to be an original, and all such counterparts shall together constitute one and the same instrument. SECTION 14: Entire Agreement. This Agreement contains the entire agreement between the parties pertaining to the subject matter hereof and fully supersedes all prior agreements and understandings between the parties pertaining to such subject matter. SECTION 15: Captions. The section headings appearing in this Agreement are for convenience of reference only and are not intended, to any extent and for any purpose, to limit or define the text of any section or any subsection hereof. 6S044SSS.3 5

182 176 SECTION 16: Incorporation of Preamble Recitals. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Agreement for all purposes and are adopted as a part of the judgment and findings of the Commissioners Court and the Board of Trustees of the Corporation. SECTION 17: Inconsistent Provisions. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Agreement are hereby repealed to the extent of such conflict, and the provisions of this Agreement shall be and remain controlling as to the matters provided herein. SECTION 18: Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 19: Severability. If any provision of this Agreement or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Agreement and the application of such provision to other persons and circumstances shall nevertheless be valid, and the Corporation and the City hereby declare that this Agreement would have been enacted without such invalid provision. SECTION 20: Construction. Unless the context requires otherwise, words of the masculine gender shall be construed to include correlative words of the feminine and neuter genders and vice versa, and words of the singular number shall be construed to include correlative words of the plural number and vice versa. This Agreement and all the terms and provisions hereof shall be constructed to effectuate the purposes set forth herein and to sustain the validity of this Agreement. SECTION 21: Compliance with Texas Open Meetings Act. It is officially found, determined, and declared that the meeting of each of the City and the Corporation at which this Agreement is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Agreement, was given, all as required by Chapter 551, as amended, Texas Government Code

183 177 THE STATE OF TEXAS COUNTIES OF COMAL AND GUADALUPE CITY OF NEW BRAUNFELS CERTIFICATE OF CITY SECRETARY THE UNDERSIGNED HEREBY CERTIFIES that: 1. On the 22nd day of October, 2007, the City Council (the Governing Body of the City of New Braunfels, Texas (the City convened in regular session at its regular meeting place in the City Hall (the Meeting, the duly constituted members of the Governing Body being as follows: Bruce Boyer Gale Pospisil Richard Zapata Mark Goodner Pat Wiggins Kathleen Krueger vacant Mayor Mayor Pro-Tem, District 3 Councilmember, District 1 Councilmember, District 2 Councilmember, District 4 Councilmember, District 5 Councilmember, District 6 and all of such persons were present at the Meeting, except the following: none were absent, thus constituting a quorum. Among other business considered at the Meeting, the attached Resolution (the Resolution entitled: RESOLUTION BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS AUTHORIZING AN INTERLOCAL COOPERATIVE AGREEMENT BETWEEN THE NEW BRAUNFELS INDUSTRIAL DEVELOPMENT CORPORATION AND THE CITY OF NEW BRAUNFELS, TEXAS; AND OTHER MATTERS IN CONNECTION THEREWITH was introduced and submitted to the Governing Body for passage and adoption. After presentation and discussion of the Resolution, a motion was made by Mayor Pro-tem Pospisil that the Resolution be finally passed and adopted in accordance with the City's Home Rule Charter. The motion was seconded by Councilmember Goodner and carried by the following vote: _6_ voted "For" _0_ voted "Against" _0_ abstained all as shown in the official Minutes of the Council for the Meeting. 2. The attached Resolution is a true and correct copy of the original on file in the official records of the City; the duly qualified and acting members of the Council ofthe City on the date of the Meeting are those persons shown above, and, according to the records of my

184 178 office, each member of the Council was given actual notice of the time, place, and purpose of the Meeting and had actual notice that the Resolution would be considered; and the Meeting and deliberation of the aforesaid public business, including the subject of the Resolution, was posted and given in advance thereof in compliance with the provisions of Chapter 551, as amended, Texas Government Code. IN WI1NESS WHEREOF, I have signed my name officially and affixed the seal of the City, this 24th day of October,

185 179 r- ~Cityof ~~New Braunfels City Council Agenda Item Report November 22, 2010 Agenda Item No. 3-0 Presenter/Contact- Jim Klein, City Engineer ( jklein@nbtexas.org SUBJECT: Approval of the second and final reading of an ordinance amending Ordinance Number to approve installation of stop signs on Kuehler Avenue at the entrance to Camp Comal and on Mission Hills Drive at Evergreen Lane. BACKGROUND/RATIONALE: At the present time, Kuehler Avenue at the entrance to Camp Comal does not have any traffic control. A resident suggested that this area experiences considerable traffic with potential conflicts. Engineering Division staff counted traffic volumes and recommends installation of stop signs at the following locations: On the SW corner of Kuehler Avenue at the entrance to Camp Comal On the SE corner of Kuehler Avenue at the entrance to Camp Comal On the exit from Camp Comal onto Kuehler Avenue Mr. Charles Salsman requested that the City install stop signs on Mission Hills Drive at Evergreen Lane to make this intersection a 4-way stop. The residents of Mission Oaks presented a petition to the Transportation and Traffic Advisory Board (T&T at their October 14, 2010 meeting. Following a lengthy discussion regarding visibility, school bus stops, and other safety issues, T&T unanimously approved a motion recommending installation of stop signs at the following locations: On the NE corner of Mission Hills Drive at Evergreen Lane On the SW corner of Mission Hills Drive at Evergreen Lane City Council approved this ordinance on first reading at their November 8, 2010 meeting. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: N/A.,; Yes City Plan/Council Priority: 2006 Comprehensive Plan: Transportation Goal 21 : Provide a system of convenient and safe transportation facilities through comprehensive, cooperative a continuing transportation system planning and development. _ FISCAL IMPACT: Stop signs cost approximately $135 each. Sufficient funding is available in the FY2009/10 approved street and drainage budget. Page 1 of 2

186 180 BOARD/COMMISSION RECOMMENDATION: The Transportation and Traffic Advisory Board considered these requests at their October 14, 2010 meeting and recommended installation of the stop signs. STAFF RECOMMENDATION: Staff recommends the approval of the second and final reading of the attached ordinance. Page 2 of 2

187 181 ORDINANCE NO An ordinance amending ordinance number dated April 28, 1975 to approve installation of the traffic control devices (stop signs on Kuehler Avenue at the entrance to Camp Comal and on Mission Hills Drive at Evergreen Lane providing a severability clause; and declaring an effective date. WHEREAS, after engineering and field investigation, the City Engineer has recommended that traffic control signs be installed on certain streets, avenues, thoroughfares and boulevards within the corporate limits of the City of New Braunfels in order to protect the health, safety and welfare of the citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS: I. THAT Ordinance Number dated April 28, 1975, is hereby amended to authorize the installation of additional Traffic Control signs at the following location in the corporate limits of the City of New Braunfels, Texas: STOP SIGNS: 1111 On the SW corner of KUEHLER AVENUE at the entrance to CAMP CO MAL 1112 On these corner of KUEHLER AVENUE at the entrance to CAMP CO MAL 1113 On the exit from CAMP COMAL onto KUEHLER AVENUE 1114 On the NE corner of MISSION HILLS DRIVE at EVERGREEN LANE 1115 On the SW corner of MISSION HILLS DRIVE at EVERGREEN LANE II. THAT the Public Works Department is directed to obtain and install the traffic control signs in the locations as set forth in this ordinance, and is directed to maintain the signs in a manner that provides for the health, welfare and safety of the citizens of New Braunfels. Ill. Page 1 of 2

188 182 THAT all provisions as set forth in Ordinance Number dated April 28, 1975, will be and remain in full force and effect as though written in full in this ordinance. IV. THAT all provisions hereof are hereby declared to be severable and if any provisions hereof is declared to be invalid or unconstitutional, such shall not invalidate or affect the remaining provisions hereof which will be and remain in full force and effect. v. This Ordinance shall take effect from and after its second and final reading. PASSED AND APPROVED: First reading this the 8th day of November, PASSED AND APPROVED: Second reading this the 22th day of November, CITY OF NEW BRAUNFELS, TEXAS R.BRUCEBOYERMAYOR ATTEST: ANN SMITH, INTERIM CITY SECRETARY APPROVED AS TO FORM: ALAN C. WAYLAND, CITY ATTORNEY Page 2 of2

189 I 183 ORDINANCE NO An ordinance amending ordinance number dated April28, 1975 to approve installation of the traffic control devices (stop signs on Kuehler Avenue at the entrance to Camp Comal and on Mission Hills Drive at Evergreen Lane providing a severability clause; and declaring an effective date. WHEREAS, after engineering and field investigation, the City Engineer has recommended that traffic control signs be installed on certain streets, avenues, thoroughfares and boulevards within the corporate limits of the City of New Braunfels in order to protect the health, safety and welfare of the citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS: I. THAT Ordinance Number dated April 28, 1975, is hereby amended to authorize the installation of additional Traffic Control signs at the following location in the corporate limits of the City of New Braunfels, Texas: STOP SIGNS: 1111 On the SW corner of KUEHLER AVENUE at the entrance to CAMP CO MAL 1112 On these corner of KUEHLER AVENUE at the entrance to CAMP CO MAL 1113 On the exit from CAMP COMAL onto KUEHLER AVENUE 1114 On the NE corner of MISSION HILLS DRIVE at EVERGREEN LANE 1115 On the SW corner of MISSION HILLS DRIVE at EVERGREEN LANE II. THAT the Public Works Department is directed to obtain and install the traffic control signs in the locations as set forth in this ordinance, and is directed to maintain the signs in a manner that provides for the health, welfare and safety of the citizens of New Braunfels. Ill. Page 1 of 2

190 184 THAT all provisions as set forth in Ordinance Number dated April 28, 1975, will be and remain in full force and effect as though written in full in this ordinance. ' IV. THAT all provisions hereof are hereby declared to be severable and if any provisions hereof is declared to be invalid or unconstitutional, such shall not invalidate or affect the remaining provisions hereof which will be and remain in full force and effect. v. This Ordinance shall take effect from and after its second and final reading. PASSED AND APPROVED: First reading this the 8th day of November, PASSED AND APPROVED: Second reading this the 22th day of November, CITY OF NEW BRAUNFELS, TEXAS R. BRUCE BOYER, MAYOR ATTEST: ANN SMITH, INTERIM CITY SECRETARY APPROVED AS TO FORM: ALAN C. WAYLAND, CITY ATTORNEY Page 2 of2

191 185 City Council Agenda Item Report November 22, 2010 Agenda Item No. 4-A Presenter/Contact- John Robinson, Fire Chief ( jrobinson@nbtexas.org SUBJECT: Presentation, discussion, and possible action regarding a siren warning system to help address early notification during flash flood events. BACKGROUND/RATIONALE: More information on this item will be provided under separate cover. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: I City Plan/Council Priority: FISCAL IMPACT: BOARD/COMMISSION RECOMMENDATION: None STAFF RECOMMENDATION: Page 1 of 1

192 186 '.,

193 187 City Council Agenda Item Report November 22, 2010 Agenda Item No. 4-B Presenter/Contact- Deborah Korinchock, Support Services Director ( dkorinchock@nbtexas.org SUBJECT: Discuss and consider approval of a resolution relating to establishing the City's intention to reimburse itself for the prior lawful expenditure of funds from the proceeds of obligations to be issued by the City for authorized purposes; authorizing matters incident and related thereto; and providing an effective date BACKGROUND/RATIONALE: A reimbursement resolution prepared by Fulbright and Jaworski, L.L.P., the City's bond counsel, will be provided to Council. This resolution will allow the City to pay for costs associated with two drainage improvement projects - the North Tributary flood control project and the Gruene Crossing drainage improvement project - as well as the flood warning system and the cash match for an airport runway/taxiway improvement project prior to the issuance of debt that will ultimately fund this acquisition. Funding includes right-of-way acquisition and construction costs for the drainage improvement projects, acquisition and installation costs for the siren warning system and the cash match payable to TxDOT for the airport runway extension. Available cash will be used to pay for these costs prior to the debt issuance. Once the debt is issued, the cash used will be repaid from the debt proceeds. This reimbursement resolution is for an amount not to exceed $9 million. The amounts for each project are estimated as follows: North Tributary flood control Gruene Crossing drainage improvement Siren system Airport runway improvements $7,125,000 $1,200,000 $280,000 $70,000 Council has already approved reimbursement resolutions for the Walnut Avenue Extension project and the Landa Plaza property purchase. The debt issuance in FY for these two projects is expected to total $9.4 million. With these additional projects, the total amount of debt issuance needed to fully fund all these projects could total $18.4 million. This represents a tax rate increase of about $.037. The City can reimburse itself for the expenditure of funds up to eighteen months after the payment is made. Therefore, the debt could be issued over two fiscal years, mitigating the impact on taxpayers. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY". N/A I City Plan/Council I Strategic Priorities: Maintain fiscal stability of X Yes Priority: City operations Page 1 of2

194 188 FISCAL IMPACT: This reimbursement resolution is for an amount not to exceed $9 million, and will reduce the City's cash balances in the short term. However, sufficient cash reserves are available for this action. It will also allow the City to issue debt only one time during a fiscal year for all needs identified by City Council, thus reducing the City's overall cost of issuing debt. BOARD/COMMISSION RECOMMENDATION: N/A STAFF RECOMMENDATION: Approval of a resolution relating to establishing the City's intention to reimburse itself for the prior lawful expenditure of funds from the proceeds of obligations to be issued by the City for authorized purposes; authorizing matters incident and related thereto; and providing an effective date. Page2 of2

195 189 ~.,City of ~-.New Braunfels City Council Agenda Item Report November 22, 2010 Agenda Item No. 4-C Presenter/Contact- Stacey Laird Dicke, Parks and Recreation Director ( sdicke@nbtexas.org SUBJECT: Presentation and consideration of approval of the City of New Braunfels Historic Cemetery Preservation Plan. 8ACKGROUND/RA TIONALE: On April 13, 2009, the City Council approved a contract with John Milner Associates (JMA for the development of a preservation plan for the two city owned historic cemeteries. The seven member Cemetery Committee, along with the Parks and Recreation Advisory Board and staff, have been working with JMA on the development of this plan. The plan includes: survey of the existing facilities and current conditions historic overviews cultural influences short term and long term needs of the cemeteries maintenance recommendations preservation policies highest and best use of the property and buildings estimated costs for improvements and possible funding sources recommendations for policy, emergencies, and marketing The plan provides an in depth look at the two cemeteries, thoroughly documenting the cultural landscapes (historic backgrounds, cultural influences, noteworthy burials. The plan also reviews the existing conditions such as spatial organization, circulation and access, vegetation, plot enclosures, markings and fencing, water features, structures and site furnishings. Treatment recommendations are provided in regards to all of the above features and are prioritized. Cost estimates are given for each recommendation. The plan also develops a mission statement for the cemeteries: The New Braunfels and Coma/ Cemeteries are a valuable historic part of our heritage. cemeteries should serve as a resource for the Jiving, connecting the past with the present. The The goal is to preserve the records of community history, cultural history, landscape heritage and architecture. This can be accomplished through conservation, preservation and education. The plan has been reviewed by the City of New Braunfels Historic Preservation Officer. Page 1 of3

196 190 ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: N/A -v Yes Strategic Priorities: Growth and City Plan/Council Development - Establish a vision for the Priority: future of the City of New Braunfels. FISCAL IMPACT: N/A BOARD/COMMISSION RECOMMENDATION: The Cemetery Committee and the Parks and Recreation Advisory Board approved the plan on November 9, STAFF RECOMMENDATION: Staff recommends approval of the plan. Page 2 of3

197 191 Parks and Recreation Strategic Plan. St eermg c omm1 "tt ee M em b ers John Mathis cell mathis5@att. net Donald Duncan dduncanal>-alamo-grou~.com Jennifer Malatek jmalatekal>-satx. rr. com Bob Rodriguez rrodriguez@newbraunfels.txed. net Cecil Eager cecilal>-gruenemansioninn.com Mark Statler mstatler@nb~ediatrics. com Jeffery Seibert jsiebertal>-schlitterbahn. com Matt Kyle mk~le@k~lelawfirm.com Laura Kistner lauraal>-comal~sf.org Ad VISO_I'l'. B oar d M em b ers Michelle Thomas Michelle052169@~ahoo.com John Mathis cell math is5al>-att. net Kyle Estes Ke02al>-txstate.edu David Davenport craw@crwa.com Ron Reaves rreavesal>-satx. rr. com Glen Griffin Glenn.griffin@inv~ro.com Page 3 of3

198 192

199 193 r-,cityof ~-..New Braunfels "-q~ City Council Agenda Item Report NOVEMBER 22, Agenda Item No. tl Presenter I Contact- Shannon Mattingly, Planning Director ( smattingly@nbtexas.org SUBJECT: Public hearing and consideration of the first reading of an ordinance rezoning acres located on the west side of Oak Run Parkway, approximately 2,000 feet north of Loop 337, from "R-1A-8" Single-family District to "Enclave at Westpointe Village Planned Development District" with Concept Plan. APPLICANT: Westpointe Residential Disco Drive San Antonio, TX OWNER: Investor Grosenbacher Partnership Disco Drive San Antonio, TX BACKGROUND/RATIONALE: This item was tabled at the Council's October 11 and November 8, 2010 meetings. This portion of the Westpointe Development, known as The Enclave at Westpointe Village, was zoned R-1A-8 with restrictions in Restrictions included masonry and height limits adjacent to Hunters Creek, and no street connection between the two subdivisions. The applicant is now requesting a Planned Development District (POD with R-1A-8 Singlefamily Residential District base zoning. The POD allows departures from some ordinance standards while increasing others, to provide an enhanced overall product that could not be achieved under a regular zoning district. The land use will remain single-family residential. The Concept Plan presents a residential neighborhood of 136 single-family lots with meandering streets and common open space. The gross residential density is 3.06 units per acre. Over 9 acres of park/open space is proposed within the subdivision, which satisfies the minimum park land dedication acreage amounts. The developer is proposing to dedicate an additional 10 acres of parkland on Mission Hill to the City. The Parks Department will review the proposed parkland dedication as part of the platting process for the property. The original concept plan, as reviewed by the Planning Commission, called for 6-foot wide meandering sidewalks that would be located mostly on the private property of individual residents. However, once the homebuilder was established and further coordination and review was completed between the developer and the builder, the plan has changed to 5-foot sidewalks located within the private street right-of-way. The applicant states this configuration will eliminate pedestrian traffic on private property, which comes with increased liability, from the individual residential lots, while providing a 4.5-foot wide planting strip along both sides of the streets for new trees and landscaping to be installed. This landscaped area will be maintained by the adjacent homeowners. This new sidewalk configuration is illustrated by the typical street section on the concept plan. Page 1 of6

200 194 I Restrictions addressed as part of the existing zoning have been incorporated in the proposed development standards. All standards of the R-1A-8 base zoning will apply unless specifically modified by the POD that include the recommendations of the Planning Commission, as detailed in the table below. Departures from ordinance standards, detailed in the Enclave at Westpointe Village Planned Development District (EWVPD Development Standards, include: R-1A-8 with restrictions Enclave at Westpointe Village PO Min. lot size 8,000 sq. ft. 7,000 sq. ft. Average lot size 8,000 sq. ft. 9,413 sq. ft ,: 15 ft at 25' setback line for flag lots located on cui-de-sacs; 59 ft at front Min. lot width 70ft setback indicated on plan Side setback 5 ft interior; ft corner 15 ft adjacent to Westpoint Dr; 5 ft all other lots Building coverage No maximum 33.15% average Sidewalk width 4ft. 5 ft. Building material Rear/sides masonry adjacent to Exterior side or rear walls on lots adjacent Hunters Creek to Hunters Creek (Lots 29 through 42 and 52 through 66 shall be constructed with masonry siding composed of brick, rock, or stucco. Max. building 1-story adjacent to Hunters Creek; 35 1-story adjacent to Hunters Creek (Lots height feet for remainder of subdivision 29 through 42 and 52 through 66; and 35 feet for remainder Access points >50 lots require 2 access points gated entry; secondary exit/emergency access Connectivity_ no connection to Hunters Ridge no connection to Hunters Ridge Parkland 1/150 acre (209.4 sq. ft. per dwelling ac. of natural areas within the dedication (136 units = acre subdivision, and 10 a c. park dedication on Mission Hill (requires Parks Department approval An extensive review has been done on the project regarding drainage facilities. The City Engineer and a third party engineer have reviewed the drainage design and agree that it exceeds the existing City standards. The developer has agreed to the following requirements after multiple meetings with the concerned residents of Hunter's Creek. These additional development standards were drafted after the Planning Commission meeting on August 3, R-1A-8 with Enclave at Westpointe Village PD restrictions Building None 1,800 sq. ft. on Lots 29 through 42 and 52 through 66 footprint Drainage Platting Other than for building permit(s issued for model homes and the Requirements community recreation center to be constructed by the homebuilder, no building permits for single-family residences shall be issued by the City prior to the completion and subsequent inspection and approval by City of the following Phase I (Unit 1 drainage improvements: (Staff does not support any. building_ permits beillg_ issued before the Page 2 of

201 195 Drainage Maintenance Bond Lift Station Location None None drainage is complete. (A The owner shall excavate the full volume of the east detention pond as referenced in the drainage report for this project dated October 19, (B In addition to this excavation, the outfall structure of the existing pond will be reconstructed to match the configuration modeled in the drainage report for this project (dated October 19, (C To provide a further increase in available storage capacity near the outfall point, the east water quality pond will also be excavated 'to subgrade with this initial site work (excavated to the level below the filtration section that will be installed at a later date. (D To minimize the amount of runoff from the site that has the potential to flow across lots 37, 38 and 39 of the Hunter's Creek Subdivision, an earthen berm will be installed within the project area along the rear property line of lots 37, 38 and 39 of the Hunter's Creek Subdivision between the existing water quality pond and the existing detention pond. In lieu of the interceptor channel planned previously in this area, this berm will be constructed to divert runoff to the detention pond that would not be captured in the proposed street (Wauford Way. (E To provide a further increase in available storage capacity near the outfall point, the off-site detention pond (south of Westpointe Drive will also be excavated to subgrade with this initial site work. In connection with City approval of drainage improvements for Phase 1/ Unit I, Owner shall provide, or cause contractor to provide, a maintenance bond or other form of surety acceptable to the City which shall require contractor to do and perform all necessary work to repair any and all defective conditions growing out of or arising from any defect of work performed by the contractor solely by reason of defective materials, work or labor by contractor, for a period of one year following completion (or date of approval or acceptance by City, if applicable. (Staff recommends two years instead of one. A lift station planned adjacent to lot 53 of the subdivision shall instead be ~ located adjacent to lot 52 and near the street Mission Run Hill..: The following deviations from street design standards are also a part of the proposed POD: Tangent between reverse curves Distance between trees and back of curb 50ft R-1A-8 Enclave at Westpointe Village PO None - centerline stripe required minimum 6 feet from face of trees to be located within the 4.5-foot curb planting area Tangents between reverse curves help prevent drivers from cutting curves and driving into ~ the oncoming lane of traffic. If the proposed standards are approved, the City Engineer recommends that a center stripe be utilized. Page 3 of6

202 196 Because of the proposed street design does not meet City standards the City Engineer does not recommend the City ever accept the private streets should the Homeowners Association request that in the future. The developer held a meeting with the Hunter's Creek neighbors on October 18, 2010, and held a second meeting with the neighbors on Tuesday, October 26, City Staff was in attendance at these meetings. A detailed listing of various meetings and conversations regarding this project and addition to those Hunter's Creek neighbors is attached. In making a determination on zoning, City Council considers the following factors: Whether the permitted uses will be appropriate in the immediate area, and their relationship to the area and to the City as a whole; Whether the change is in accord with any existing or proposed public schools, streets, water supply, sanitary sewers, and other utilities to the area; How other areas designated for similar development will be affected; Any other factors that will substantially affect the public health, safety, morals, or general welfare; and Whether the request is consistent with the Comprehensive Plan. General Information: Size: Surrounding Zoning and Land Use: acres North- R-1A6.61 Single-family residences South - MU-8 I Vacant East- MU-A I Vacant West- APD I Vacant (NBISD property Comprehensive Plan/ Future Land Use Designation: lmprovement(s: Low Density Residential None Notification: Public hearing notices were sent to 18 property owners located within 200 feet. Four responses in objection were received (#9, 12, 15, 17 and none in favor. A public notice ad has been run in the paper for the August 3, 2010 Planning Commission and the October 11, November 8 and November 22, 2010 City Council meetings. Due to the extended period of time that has lapsed between the official public notice and the public hearing before the City Council, an additional notification was mailed to the 18 property owners located within the 200 feet. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: Yes City Plan/Council Pros: Priority: Goal 1A 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. Page 4 of6

203 197 on Policies Plan The proposed zoning is consistent with the future land use plan as well as adjacent land uses. Goal 3A Encourage designs that provide for the preservation and protection of open space and natural resources and minimize disturbance of native vegetation. The subject property is located over the Edwards Aquifer recharge zone, where preservation of open space and native vegetation is important. Standard residential zoning does not require the natural/undisturbed areas or the maximum impervious cover proposed in the POD development standards. Cons: None FISCAL IMPACT: N/A BOARD/COMMISSION RECOMMENDATION: The Planning Commission held a public hearing on August 3, 2010 and recommended approval of the zoning with the following requirements: 1. Lots 29 through 42 and 52 through 66 must abide with the single story and masonry requirements; 2. Streets with 30 ft. pavement widths include a centerline stripe; 3. Amend the Concept Plan Summary Table to show 15' side setback" along Westpointe Dr.; and 4. The percentage of varying lot widths must be kept the same as shown on the Concept Plan. STAFF RECOMMENDATION: The revised sidewalks are a change from the meandering walkway originally proposed, but staff believes they will still provide an attractive streetscape. The additional development standards proposed to be included in the POD will provide additional surety that the Enclave at Westpointe Village project will be developed as a quality project. Therefore, Staff recommends approval of the proposed Enclave at Westpointe Village Planned Development District (EWVPDD, which has been updated to include the Planning Commission's recommended changes, with the conditions as detailed below is compatible with area development and consistent with goals stated in the Comprehensive Plan. 1. The EWVPDD document is updated to include all of the development standards as specified within all the tables of this report. Staff however does not support any building permits being issued until the drainage has been completed and staff recommends a maintenance bond or acceptable surety for a minimum of two years and not one. 2. The following items are to be completed as soon as possible by the owner upon obtaining approval of the Water Pollution Abatement Plan for this project from Page 5 of6

204 198 ATTACHMENTS: TCEQ regardless of the status of the EWVPD, the subdivision plat, or the full set of construction plans for Unit 1: a. The owner shall excavate the full volume of the east detention pond as referenced in the latest version of the drainage report for this project. This - will provide an approximate increase of 138,000 cubic feet of detention volume, which more than doubles the storage capacity of the existing detention pond. b. In addition to this excavation, the outfall structure of the existing pond will be",. reconstructed to match the configuration modeled in the latest version of the drainage report for this project, thus significantly reducing the discharge potential for any storm waterthat enters this detention pond. c. To provide a further increase in available storage capacity near the outfall point, the east water quality pond will also be excavated to subgrade with this initial site work (excavated to the level below the filtration section that will be installed at a later date. This will provide in excess of an additional 60,000 cubic feet of storage volume. d. An earthen berm will be installed within the project area along lots 37, 38 and 39 of the Hunter's Creek Subdivision between the existing water quality pond and the existing detention pond. In lieu of the interceptor channel planned.. previously in this area, this berm will be constructed to divert runoff to the detention pond that would not be captured in the proposed street (Wauford Way. This will further minimize the amount of runoff from the site that has the potential to flow across lots 37, 38 and 39 of the Hunter's Creek Subdivision. 1. Application and Site Plan 2. The Enclave at Westpointe Village POD Concept Plan (full-size provided in packet 3. Zoning Map 4. Existing Land Use Map 5. Future Land Use Map 6. Aerial Map 7. Notification Map 8. Sec "R-1A-8" Single-Family District 9. Sec. 3.5 Planned Development Districts 10. Excerpt from the Planning Commission minutes of August 3, Hunter's Creek neighborhood meeting dates 12. Ordinance '" U:\Planning\CCagenda\ZoneChgs&SUP\2010 Cases\Westpointe PDD doc. Page 6 of6

205 199 AP:I?LJI.CATION FOR ZONE CHANGE 424 S. CASTELL AVENUE NEW BRAllNFELS TX E-iWAIL: planninij(iij.nbtexas.org PHONE: (; !(4.X: ( Applicant If owner(s, so state; If agent or other type of relationship, a letter of authorization must be furnished from owner(s at the time submitted. Name Westpointe Residential {Attn: Joey Guerra MailingAddress Disco Drive Telephone: { Fax: ( Mobile: _ 2. Property Address/Location; JWC of Oak Run Pk,wy and Westpointe Drive 3. Legal Description: NameofSubdW~ion: N~/A Lot(s: Biock(s:. Acreage: Existing USe of Property:.;U;.::n;.;::d:.::e;.;.v..;;e..;;l..;;o,.p.;ed;:;... _ 5. Proposed Use of Property (attach additional or supporting infonnation if necessary:. Planned Development District (PDD for Residential Lots 6. Zoning Change Request: Current ZOnlng:_.-R.. la If "PDD Planned Development District", check if: Concept Plan a... Proposed Zonin..,g_PD=D:;.. X OR Detail Plan, 7. Reason for request (please explain in detail and attach additional pages if needed: Planned Development District of "The Enclave at Westpointe Village 11 with base zoning of RLA-8 and approximately 139 lots. 8. ATTACHMENTS: Metes and bounds description or survey and map if property is not platted. X 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. X If requesting a Planned Development (PO, applicant must provide development standards on the detail plan and/or provide the standards in a sepatatedoournent as described In the Zoning Ordinance, Section 3.5. Provide 14 oopies of the 1:200 for distribution with 4 copies of 1:200 and one legible 11x17 of the revisions. hereby requests rezoning of the above described properly as indicated. ~~~~---~-----~<~~~&~> Si JU~,IM~ oatl For Office Use Only Fee Received By:.~ Amount ~/. ~(0 Receipt No.: _1...;7~9~7_o_o Date Received: It, /Bo /, D Zoning sig~ issued: Date: cash/check Number:._J...,O"""/..._.;?I., C.ase Number: P 'f No. 5 ;2. /0-J. 7 7 b U:\Pianning\Applicatlons\Zone Change.DOC ATTACHMENT 1

206 Environmental Density (37.5% Single Family Homes (typ , ~----Public Street Paving Wide Meandering Walkway o'~t~4ilp~ Total Site: 1,936, ft2 ( acres L J G' t'1ide llfeanderi.ng Walkway 2.1% 40, ft"~ single Famil.y Driveway, % :1.10, ft= f~i! Publ.io street paving.., % 149, ft"' :;~; Single Family Romes (typ % 424, ft= [II! Pervious % 1,210, ft= ( acres ( acres {3. 435~ acres ( ao:r:es i 1" ~.\.l',,, ~ = 60 feet d!i!l t ~Commons wl Natural Landscaping Areas Compared To Site (44.4% COnuncns w/ natural Lmtdsoaping 20.1:r:: o100, ft:. ( acres Meandering Front Yard (Coving 23.8~ 460, ft" { aoras Remaining Site... SS.G" 1,015, ft~ ( noren 1\J (S (S THE ENCLAVE at WestPv~liJ~~., ' " lwdj:.ui Della f.mi<jl!. 1:ho~d?.00, ?.0'5?."!\::1.57' '?.OO.CO' 1311'"15'511" l;fi:j.uo :no~.p 21>0.00' 1/.J"30'30" ~;:.!1.13' 1~2.:n ~2S.t0' 50.41'10" ' ' ' 110":!1 1 :' !.45' ' ~90, ?"10'37" SJ!l,iW J7S.4n' 7.00.C0' 0 4;:19,110' 'l:i6.31j' 17.b ~9 J /to :!:00.00' '5'1.15'11" 199,1J5' " : " ' :.f.l2.09' ' ll3"42 1 1B" ~36.60' ' ~?C\.00' 81.34'39" 313.?.3' ::>07.44' :n Jt'5~" 2:10.00' o?..&a ' 7.:.>0.00' 13i"S0'45" ' -=10.56' 'JIJO.I}O' 24" Oil' ~ Tan ~nl C!Jor'.i 3'oa.:.i.m! ~11.95' u 4:'1~ " 1'1!:1?.9./.l;' N 14'ol4 1 3f;," R 37Z.30' S HJ~;;:6'!1U" W :w:..:-!9' N 46"51'43" s : s 00 41'40" w H 5(1"4:3 110" R 1,?.?.~.00' 39:.>.4'/ 1 s 6S 0?6'3:1., 1'1 109-lf:' S 38a01 'OUM W 96.3\ 1 l1 33"56'2i" E ' 3<1":i5'0010 l'l 109.R2' U 4?'.&G 1 37." w 4;.o:J' s 1'1',~'11" Fl S'IO.Il~' s 72"41'45" w ' S 50"35'3~" E R!._clc ~son Site~~~ _..SfudJo 1 N<!fiijf1~t'!~l:l;:rf'i~~N !:17111 AveM Go!dm Yall2y 1 MH Fax:763 59S.OOBD Tedllology & Ecai::DUcn:.,.,_~mean ~~CDI'!I """"' Copyr'aiJilDID 1hl,dl:m1na and IN! d~~n1 ;nds~lk.ar!d:i$ 'lur,om or~ th~l~le propl!rtvdiiu:khaorl anslladi:iiijiro,tnc.a'ldmoynatbarl!llfddu'cdlna..,.fam lll lridiil' mo.llls\'lllholll wrtllan aarmllslonof Rlr~ 1t~rr!sc11 SllaOaolfln. '""' L.I Westpointe Residential I J.L. "Joey" Guerra, Jr.ll202 1 Disco Drive 1 San Antonio, TX \ Phone: ( I Fax: ( I,~, ~- ~-

207 201 The Enclave at Westpointe Village Planned Development District BASE ZONING DISTRICT This Planned Development District (PDD will have the base zoning requirements of the R-lA-8 zoning district as described in the current zoning ordinance of the City of New Braunfels. This project area is currently zoned R-lA-8. Westpointe Residential (Developer proposes a Planned Development District that will accommodate modified street and lot layout for a sustainable community that provides generous native landscaped areas, unique lot diversity and pedestrian friendly circulation. CONCEPT PLAN REQUIREMENTS RELATION TO COMPREHENSIVE PLAN This project area is currently zoned R-lA-8. The project area and proposed use are in accordance with the Land Use Plan and Major Thoroughfare Plan depicted in the City's Comprehensive Plan. Thus, the new PDD will directly align with the Comprehensive Plan as set out by the City of New Braunfels. ACREAGE The proposed Development District area is acres. This includes the subdivision area of approximately acres and right-of-way area within the proposed Westpointe Drive. SURVEY An accurate survey of the boundary of the district is included as an attachment. LAND USES The land use is single family residential. GENERAL THOROUGHFARE LAYOUT The attached Concept Plan includes the general thoroughfare layout. ATTACHMENT 2

208 202 DEVELOPMENT STANDARDS The general development standards are as follows: BASE ZONING: TOTAL ACRES: NUMBER OF RESIDENTIAL LOTS: LOTS/ACRE: PARK/OPEN SPACE: LAND USE: TOTAL SIDEWALK (5-FT.: CUL-DE-SAC DIAMTER: AVERAGE LOT AREA: MINIMUM LOT AREA: FRONT SETBACK MINIMUM: SIDE SETBACK MINIMUM: REAR SETBACK MINIMUM: MINIMUM LOT WIDTH AT FRONT SETBACK LINE: MINIMUM LOT DEPTH: MAXIMUM BLDG HEIGHT: MAXIMUM BLDG COVERAGE ON AVERAGE LOT: R1A (Exc Westpointe Dr APPROX ACRES *1 SINGLE-F AMIT.., Y RESIDENTIAL 7000LFMIN. 160FT. MIN. *2 9,413 SQ.FT. *3 7,000 SQ.FT. *4 25FT. *5 5 FT. *6 20FT. 59 FT. *7 100FT. 35FT % *8 * 1 - Open space within this sustainable community includes water quality and detention pond areas as well as native landscaped areas. All common areas will be maintained by the HOA and the common areas and native landscaped areas will be owned by the HOA. The native landscaped areas being provided exceed the required park area of acre per dwelling unit. Furthermore, the developer proposes the dedication of a ± 10 acre park at the top of Mission Hill. The park entrance, located on Independence Drive, is less than one half mile from the entrance to The Enclave at Westpointe Village subdivision. The proposed Mission Hill Park will provide an easily accessible park area for the residents within the Enclave ofwestpointe Village in addition to the HOA-owned open spaces within the sustainable community itself. *2- The cul-de-sac diameter being provided is in excess of the minimum required by code and will provide a park-like island with additional open space that provides a unique identity within the neighborhood. *3- The average lot area exceeds the 8,000 SF minimum in R-1A-8 base zoning district by approximately 17.7%. The nature of the meandering street layout within this sustainable neighborhood creates lots with varied sizes and shapes. This eliminates monotony while providing unique views as one walks or drives along the streets. Using this design technique, called coving, we've significantly increased the average distances of homes front to front and homes rear to rear (the areas where home windows are concentrated compared to conventional planning that strives to make all lots at the 8,000 square foot minimum.

209 203 *4 -There are currently 26 lots within the subdivision that fall below the minimum 8,000 square foot area. Of these 26lots, there are only 10 lots that are below 7,500 square feet. The nature of the street layout within this sustainable community creates lots with exciting shapes, unlike stan:dard cookie-cutter rectangular box-shaped lots. *5 -There is a variable front setback throughout the subdivision. The bulk of the lots within this sustainable community have a front setback, as depicted on the Concept Plan, in excess of the 25 foot minimum. This provides a more inviting pedestrian experience within the neighborhood. *6- The minimum side setback for lots that abut Westpointe Drive shall be 15 feet on the side that abuts Westpointe Drive. Otherwise, an exception to the required side setback for corner lots is being requested. *7- The minimum lot width at a 25-foot front setback is 15 feet. However, this is an unusual circumstance for "flag lots" located in the cul-de-sac. The minimum lot width of 59 feet occurs at the front setback that is established and shown on the Concept Plan. The nature of the street layout within this sustainable community creates lots with unusual shapes, unlike standard rectangular box-shaped lots, that, while not meeting minimum area and width requirements, provide greater diversity within the community. The lots that are located at the end of the cul-de-sac that appear flag-like are set in a more secluded area with terrific views to adjacent open space; Those lots have widths of 59 to 65 feet at the meandering setback with the narrowest portion being 15-feet wide for driveway access. The percentage of varying lot widths will be kept the same as shown on the concept plan. *8 - If the largest building footprint is placed on the smallest lot, the resulting building coverage is 43.1 %. ADDITIONAL DEVELOPMENT STANDARDS The following additional development standards are in accordance with Zoning Ordinance No and were previously established for this tract. 1. Connectivity -There shall be no street connection from the proposed subdivision to Hunters Creek Subdivision by means of the street known as Hunters Ridge. 2. Height Restriction - Homes constructed on lots 29 thru 42 and 52 thru 66 shall be a maximum of one story and shall comply with the masonry requirements per item 3 immediately below. 3. Masonry requirements- Exterior walls of homes constructed on lots 29 thru 42 and 52 thru 66 that are mostclosely adjacent to the Hunters Creek Subdivision shall be constructed with masonry siding composed of brick, rock or stucco covering the back and side exterior walls of such homes.

210 204 In addition to the above listed standards, The Enclave at Westpointe Village will be a controlled access (gated neighborhood as follows: 1. The primary (northern access point off of Westpointe Drive will be the main entry and will serve as entry and exit for both homeowners and emergency vehicles. 2. The secondary (southern access point off of Westpointe Drive will serve as an exit only for homeowners while allowing entry and exit for emergency vehicles. EXCEPTIONS TO STREET DESIGN CRITERIA The base street design criteria used within the Enclave at Westpointe Subdivision is for "Local streets serving one- and two-family residential property" having a ROW width of 50 feet. 1. Exception requested for minimum tangent between reverse curves of 50 feet. We are requesting that no tangent section be required between reverse curves as this will allow for the meandering nature of the streets as currently laid out. In decades past, tangents were used for plat check calculations, something which is not required today with the automation that computer file sharing has provided. With the large sweeping radius of the curves and slow residential speeds, tangents are not needed. Intersections are at the outer portion of the curve~ providing increased sight distances compared to the "tee" intersections of standard platting. 2. Minimum pavement width for the interior streets (excluding Westpointe Drive is 30 feet (FOC to FOC. These interior streets with pavement widths of 30 feet shall have a double yellow center line throughout the subdivision.

211 '-'. ~ ~/ n \l ~ -----=-r-:=: / ~ lsi ~: ~ <Po: I ~ i,ia :. s...:i =.:iiph b la~tj ~I =. Ji,Ji 1~.:,!ud._... J g ~ a:j5 e!z ~~ II.~ ~~ ~Q 851 ~ w ~~ ~> ii ~~ ~ ~ m z i m ~ z P/1. NOTE: THE PERC NTAGE OF VARYING LOT V.WTHS MUST BE KEPT THE SAME AS SH~ ON 'THIS PlAN NIN11.4UM SIDE SE18ACK FOR LOTS ALONG \ 51PotNTE ORIVE IS 15 f'eet. + HOUS ON LOT IS UMITED TO ONE STORY AND MUST CONFORM TO MASONRY REQUIREJ.IENlS PER POD OESCRlPllOH l!f,. I ~ I I,_,;;." l LOTAR<k. ~~~~~~~~~~~jiliill-1 TYPKiALiitfremOR'STBEET SEC'!JON ~ ~ :':'~. FT. LOTS ~ ~ ::! 1---.l..--~ ~~ MINIMUM LOT AREA: 7000 tlf ' :.: fli ii d C1 ~ S'IAIP FRONT SETBACK MINIMUt.4: FT. IS 1i..:.. ACRES_! l: j ~ ~ ij 01 ~~ NINIMUM LOT WID'IH AT FRONT SETBACK UNE: 59 " It a ~ I m ~ i '., MINIMUM lot DEPTH: 100 FT. ::: MAXD.IUW BLDG HEIGHT: FT.!t MAXINUM SLOC COVERACE ON A\!ERAGE LOT: 33.15X SHEET PO ' I.,. i~

212 Legend i City Limits n l'i ZONING ~ Subject Property -APD Zoning Map ~ ; 0 ::I: s: m z DR-1 0R-1A D R-1A6.6 DR-2 0R-2A,. """' -I w ~-J R-3 R-3L -R-3H 0THA DzH DzHA -C-1 -C-1A -C-3 -C-18 -C-48 DMU-A -MU-8 I I PD. Cityof =-:~ New Braunfels '-- ~ PZ10-27 Enclave at Westpointe Village R-1A-8 to POD ~/ ---- Map Created On 7/14/10

213 Existing Land UsL,Vlap ~1/'HIJ/ II I f:j\bi'x:s?/?\553-.ast legend... ~ Subject Property : i City Limits II ii Existing Land Use! Residential Low Density - Commercial - Industrial -School - Government ~ ;! (' :::r: 3: m z -I ~ - Institutional - Private Recreation - OpenSpace Drainage f',city of ~U New Braunfels Enclave at Westpointe Village R-1A-8 to POD Map Created On 7/14/10

214 legend... ~ Subject Property - i City Limits lftj Future Land Use : Res Low Density - Commercial -Industrial -Institutional ~ ~ 0 :I: s: m z -I (It - Government -School '-'-'---""'""'"'-" Utilities - Open - Parks ~/ Enclave at Westpointe Village R-1 A-8 to POD r\ \_,~' Map Created On 7/14/10

215 ~ ;! 0 ::I: 3: m z -1 en ~J. City of '-:: '-- New Braunfels Enclave at Westpointe Village R-1A-8 to POD Map Created On 7/14/10

216 PLANNING COMMISSION -AUGUST 3, :00PM New Braunfels Municipal Building, Council Chambers ' Owner/Applicant: Address/Legal Description: Investor Grosenbacher Partnership (Westpointe Residential acres located on the west side of Oak Run Parkway, approximately 2,000 feet north of Loop 337 REQUEST FOR ZONING- CASE #PZ10-27 The circled numbers on the map correspond to the property owners listed below. All information is from the Comal Appraisal District Records. The property under consideration is marked as "SUBJECT". 1. Kiesling, Bob & Betty 10. Rom pel, Alan & Jennifer 2. NBISD 11. Castilleja, Jerry & Debra 3. Ross, Robert & Susan 12. Miner, Philip & Sue Ellen 4. Kemraj, Virjanand & Jaishree 13. Studdard, Kenneth & Sue 5. Oldani, Daniel & Norma 14. Seidel, Esther 6. Holley, Van & Joy 15. Muschalek, Thomas & Kim 7. Dix, Mark 16. Smith, Vincent & Maria 8. Hellbusch, Richard & Ladonna 17. Smith, Nick & Angela 9. Gribbon, Daniel & Teresa 18. Investor Grosenbacher Partnership SEE MAP ON REVERSE ATTACHMENT 7 J

217 legend ~ Subject Property D 200' Notification Buffer r-, City of ~-.New Braunfels '-- PZ10-27 Enclave at Westpointe Village R-1A-8 to POD!i N Map Created On 7/14/10

218 "R-1A-8" single-family district. Purpose. The R-1A-8 single-family district is intended for development of primarily detached, single-family residences and customary accessory uses on lots of at least 8,000 square feet in size. The following regulations shall apply in all "R-1A-8" districts: (a Authorized uses. Uses permitted by right shall be those set forth in the Land Use Matrix in Section 4 of this Chapter. The allowed uses in the district, which are intended to be identical with those listed in the Land Use Matrix, are as follows (1 Uses permitted by right Residential uses: Accessory building/structure Accessory dwelling (one accessory dwelling per lot, no kitchen Community home (see definition Family home adult care Family home child care Home occupation (See Sec. 5.4 One family dwelling, detached Single family industrialized home (see Sec. 5.7 Non-residential uses: Barns and farm equipment storage (related to agricultural uses Church/place of religious assembly Community building (associated with residential uses Contractor's temporary on-site construction office (only with permit from Building Official; see Sec. 5.9 Farms, general (crops (see Chapter 6, Municipal Code and Sec. 5.8 Farms, general (livestock/ranch (see Chapter 6, Municipal Code and Sec. 5.8 Golf course, public and private Governmental building or use (state/federally owned and operated Municipal use owned or operated by the City of New Braunfels, including libraries Park and/or playground (public Public recreation/services building for public park/playground areas Recreation buildings (public School, K-12 (public or private Truck gardens (no retail sales University or college (public or private Water storage (surface, underground or overhead, water wells and pumping stations that are part of a public or municipal system (2 Conflict. In the event of conflict between the uses listed in the Land Use Matrix and those listed in subsection (1, the uses listed in this subsection shall be deemed those authorized in the district. (b Maximum height, minimum area and setback requirements: (1 Residential uses. (i Height. 35 feet. (ii Front building setback. 25 feet. (iii Side building setbacks. There shall be a side building setback on each side of a _ building not less than 10 feet in width. Buildings on corner lots shall have 15-foot side. building setbacks adjacent to the street where the rear lot lines of the corner lots coincide with the rear lot lines of the adjacent lots. Buildings on corner lots shall have 25-foot side ATTACHMENT 8

219 213 building setbacks adjacent to the street where the rear lines of the corner lots coincide with the side lot lines of the adjacent lots. Garage setback. Where a driveway is located in front of a garage, the garage shall be setback 20 feet from the right-of-way or the driveway to the garage shall be at least 20 feet long to provide enough space for a vehicle to park without overhanging into the rightof-way, if the garage door is closed. (See illustration 8 in Sec (iv Rear building setback. 20 feet. (v Width of Jot. The minimum width of an interior lot shall be 70 feet and the minimum width of a corner lot shall be 72 feet. (vi Lot area per family. Every single-family dwelling hereafter erected or altered shall provide a lot area of not less than 8,000 square feet per dwelling for interior lots, and 8,600 square feet per dwelling for corner lots, provided that where a lot has less area than herein required and such lot was in separate ownership prior to September 25, 1967, this requirement will not prohibit the erection of a one-family dwelling. Where public or community sewer is not available and in use, for the disposal of all sanitary sewage, each lot shall provide not less than one half acre per dwelling unit not located over the recharge zone and one acre per dwelling unit located over the recharge zone. (vii Lot depth. 100 feet. (viii Parking. Two off-street parking spaces shall be provided for each one-family detached dwelling. See Section 5.1 for other permitted uses' parking. (2 Non-residential uses. (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 minimum 25-foot setback is required, a canopy at least eight feet in height, attached to the main building, may be built within 15 feet of the property line so long as such construction will not obstruct the vision of vehicular or pedestrian traffic. (v Garage setback. Where a driveway is located in front of a garage, the garage shall be setback 20 feet from the right-of-way or the driveway to the garage shall be at least 20 feet long to provide enough space for a vehicle to park without overhanging into the rightof-way, if the garage door is closed. (See illustration 8 in Sec (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.

220 Planned Development Districts Purpose: The planned development district is a free-standing district designed to provide for the development of land as an integral unit for single or mixed uses in accordance with a plan that may vary from the established regulations of other zoning districts. It is the intent in such a district to insure compliance with good zoning practices while allowing certain desirable departures from the strict provisions of specific zoning classifications Application: An application for a planned development district shall be processed in accordance with this Chapter. A pre-planning conference is required between the applicant and the Planning Director prior to the actual filing of the application Base District. A base zoning district shall be specified. The regulations in the base zoning district shall control unless specifically stated otherwise in the PD District plans and requirements: There are two types of plans that may be used in the planned development process. The general purpose and use of each plan is described as follows: (a Concept plan. This plan is intended to be used as the first step in the planned development process. It establishes the most general guidelines for the district by identifying the land use types, development standards, approximate road locations and project boundaries and illustrates the integration of these elements into a master plan for the whole district. (b Detail plan. The detail plan is the final step of the planned development process. It contains the details of development for the property. For smaller tracts or where final development plans are otherwise known, the detail plan may be used to establish the district and be the only required step in the planned development process Concept plan requirements: Said concept plan shall include the following: (a Relation to the comprehensive plan. A general statement setting forth how the proposed district will relate to the city's comprehensive plan and the degree to which it is or is not consistent With that plan and the proposed base zoning district. (b Acreage. The total acreage within the proposed district. (c Survey. An accurate survey of the boundaries of the district. (d Land uses. Proposed general land uses and the acreage for each use, including open space. For residential development, the total number of units and the number of units per acre. (e General thoroughfare layout. Proposed streets, as a minimum to arterial street level. (Showing collector and local streets is optional. (f Development standards. Development standards, if different from the base zoning district, for each proposed land use, as follows: (1} Minimum lot area. (2 Minimum lot width and depth. (3 Minimum front, side, and rear building setback areas. ATTACHMENT 9

221 215 (4 Maximum height of buildings. (5 Maximum building coverage. (6 Maximum floor to area ratios for nonresidential uses. (7 Minimum parking standards for each general land use. (8 Other standards as deemed appropriate. (g Existing conditions. On a scaled map sufficient to determine detail, the following shall be shown for the area within the proposed district. (1 Topographic contours of ten feet or less. (2 Existing streets. (3 Existing 1 00-year floodplain, floodway and major drainage ways. (4 City limits and E.T.J. boundaries. (5 Zoning districts within and adjacent to the proposed district. (6 Land use. (7 Utilities, including water, wastewater and electric lines Detail plan requirements: The application for a planned development district shall include a detail plan consistent with the concept plan. Said detail plan shall include the following: (a Acreage. The acreage in the plan as shown by a survey, certified by a registered surveyor. (b Land uses. Permitted uses, specified in detail, and the acreage for each use. (c Off-site information. Adjacent or surrounding land uses, zoning, streets, drainage facilities and other existing or proposed off-site improvements, as specified by the department, sufficient to demonstrate the relationship and compatibility of the district to the surrounding properties, uses, and facilities. (d Traffic and transportation. The location and size of all streets, alleys, parking lots and parking spaces, loading areas or other areas to be used for vehicular traffic; the proposed access and connection to existing or proposed streets adjacent to the district; and the traffic generated by the proposed uses. (e Buildings. The locations, maximum height, maximum floor area and minimum setbacks for all nonresidential buildings. (f Residential development. The numbers, location, and dimensions of the lots, the minimum setbacks, the number of dwelling units, and number of units per acre (density. (g Water and drainage. The location of all creeks, ponds, lakes, floodplains or other water retention or major drainage facilities and improvements. (h Utilities. The location and route of all major sewer, water, or electrical lines and facilities necessary to serve the district.

222 216 (i Open space. The approximate location and size of greenbelt, open, common, or recreation areas, the proposed use of such areas, and whether they are to be for public or private use. U Sidewalks and bike paths. Sidewalks or other improved ways for pedestrian or bicycle use. (k If multifamily or non-residential development, a landscape plan. A detailed plan; with all of the information required of a concept plan, may be submitted in lieu of a concept plan Phasing schedule: PD districts larger than 350 acres shall provide a phasing schedule depicting the different construction phases Approval of district: The City Council may, after receiving a recommendation from the Planning Commission, approve by Ordinance the creation of a district based upon a concept plan or a detail plan. The approved plan shall be made part of the ordinance establishing the district. Upon approval said change shall be indicated on the zoning maps of the city. The development standards and requirements including, but not limited to, maximum height, lot width, lot depth, floor area, lot area, setbacks and maximum off-street parking and loading requirements for uses proposed shall be established for each planned development district based upon the particular merits of the development design and layout. Such standards and requirements shall comply with or be more restrictive than the standards established in the base zoning district for the specific type uses allowed in the district, except that modifications in these regulations may be granted if it shall be found that such modifications are in the public interest, are in harmony with the purposes of this Chapter and will not adversely affect nearby properties Planning Commission approval of detail plan: The Planning Commission is authorized to approve a detail plan or the amendment of a detail plan for property for which a concept plan has been approved by the City Council. If the City Council initially approved a detail plan in establishing the district, the detail plan may only be amended by the City Council. The approved detail plan shall be permanently filed in the Planning Department. The Planning Commission shall approve the detail plan if it finds that: (a Compliance. The plan complies with the concept plan approved for that property and the standards and conditions of the PD district; (b Compatibility. The plan provides for a compatible arrangement of buildings and land uses and would not adversely affect adjoining neighborhood or properties outside the plan; and (c Circulation of vehicular traffic. The plan provides for the adequate and safe circulation of vehicular traffic. If no detail plan has been approved for the property within ten years of the date of approval of a concept plan, the detail plan must be approved by the City Council, after receiving a recommendation from the Planning Commission, after notice and hearing Expiration of detail plan: A detail plan shall be valid for five years from the date of its approval. If a building permit has not been issued or construction begun on the detail plan within the five years, the detail plan shall automatically expire and no longer be valid. The Planning Commission may, prior to expiration of the detail plan, for good cause shown, extend for up to 24 months the time for which the detail plan is valid.

223 Appeals from Planning Commission action: If the Planning Commission disapproves a detail plan over which it has final approval authority, or imposes conditions, or refuses to grant an extension of time for which a detail plan is valid, the applicant may appeal the decision to the City Council by filing a written request with the Planning Director within ten days of the decision Changes in detail plan: Changes in the detail plan shall be considered the same as changes in the zoning ordinance and shall be processed as required in Section 2.3. Those changes which do not alter the basic relationship of the proposed development to adjacent property and which do not alter the uses permitted or increase the density, floor area ratio, height, or coverage of the site, or which do not decrease the off-street parking ratio or reduce the yards provided at the boundary of the site, as indicated on the approved detail plan, may be authorized by the Planning Director. Any applicant may appeal the decision of the Planning Director to the Planning Commission for review and decision as to whether an amendment to the Planned Development District ordinance shall be required Minimum development size: The total initial development of any Planned Development District shall not be less than two acres for nonresidential developments and five acres for residential developments Deviation from code standards: The City Council may approve a PD concept plan with deviations from any provision in the Code of Ordinances. Such deviations shall be listed or shown as part of the Ordinance that approves the concept plan.

224 218. EXCERPT FROM PLANNING COMMISSION MINUTES OF AUGUST 3, 2010 PUBLIC HEARINGS Case PZ10-27: Hold a public hearing and make a recommendation to City Council regarding the proposed rezoning of acres located on the west side of Oak Run Parkway, approximately 2,000 feet north of Loop 337, from "R-1 A-8" Single Family District to "POD" Planned Development District with a Concept Plan. (Westpointe Residential Ms. Mullins explained said this portion of the Westpointe development was zoned R-1A-8 with restrictions in Restrictions included masonry and height limits adjacent to Hunters Creek, and no street connection between the two subdivisions. She said the applicant was now requesting a Planned Development District (POD with R-1A-8 base zoning. She said the Concept Plan presented by the applicant showed a residential neighborhood of 136 lots, for a gross residential density of 3.06 units per acre, with meandering streets and over 9 acres of park/open space in addition to dedicating 10 acres of parkland on Mission Hill to the City. She said that restrictions from the former zoning were incorporated in the development standards and all standards of the R-1A-8 base zoning would apply unless specifically modified by the POD. Ms. Mullins then briefly outlined the departures from ordinance standards. She stated that 18 notices were sent to property owners within 200 ft. of the subject property; no responses were received in favor of the rezoning and two responses were received in opposition (#12, 15. She concluded by stating that staff recommended approval of the proposed POD with the following revisions to the development standards: 1 Restrict parking to one side of the street with a pavement section of 28 feet; 2 Include a center line stripe; and 3 Amend the Concept Plan Summary Table to show 15' side setback along Westpointe Dr. Chair Casteel asked Ms. Mullins to explain the masonry requirement for homes adjacent to Hunter's Creek Subdivision. Ms. Mullins explained the restrictions were adopted in 2007 and noted that only a few homes on the proposed plan would have to abide by the masonry requirement and single story limitation because of the green space buffer between the two developments. Chair Casteel asked if there was anyone present who wished to speak in favor of the rezoning. Steve Eckland with Bury & Partners spoke on behalf of the developer. He compared the proposed layout of the development with that previously approved and noted that the number of lots had decreased, the amount of open space had increased and 2.4 acres of impervious cover had been removed. He said the developer was willing to increase pavement width to 30 ft. to allow parking on both sides of the road. Joey Guerra, Disco Drive, San Antonio, owner and developer, believed that the additional green space between the subdivisions should not limit the homes to single story. He noted that they were required to reduce the percentage of impervious cover in the residential development because of the additional water flowing towards the property from the extension of Oak Run Parkway. Discussion relating to masonry and height requirements followed. Drainage problems in the area were also discussed at length. Chair Casteel asked those opposed to the rezoning to address the Commission. Phil Miner, 443 Hunters Trophy, described the significant flooding problems in the neighborhood. He said he objected to the rezoning for safety and environmental concerns. Ron Reaves, 521 Hunters Creek, said he was an officer of the Hunters Creek Property Owners Association. He asked the Commission to incorporate the same wording regarding masonry requirements and height limitation in the new ordinance. He described his concerns with flooding problems in the area and asked the Commission not to recommend approval of the rezoning until all questions had been answered. ATTACHMENT 10

225 219 Earl Studdard, 339 Hunters Trace, stated his concerns with drainage, adding that his back yard had been destroyed three times. David Whitaker, 39 Hunters Trail, said the proposed plan lacked dimension and detail. He noted that the flooding problems experienced by the neighborhood stemmed from the construction of the extension of Oak Run Parkway. Danny Gribbon, 461 Hunters Trophy, said his concern was that the lift station would be located directly behind his house. Kim Muschalek, 323 Hunters Trace, questioned how the developer claimed a reduction in impervious cover when the number of lots increased from 112 to 136. She said she had high water in her yard during the June 9 1 h flood, which also flooded her septic system. Motion by Commissioner Elrod, seconded by Commissioner Hoyt, to close the public hearing. The motion carried unanimously. (9-0-0 Ms. Mattingly reminded the Commissioners that most of the details, including drainage, flood plains, lot widths, etc., would be addressed when the Detail Plan, Master Plan and subdivision plat were submitted for approval. Chair Casteel asked if the existing drainage pond would be reworked with the development. Mr. Eckland said it would, then elaborated on the location and design of the lift station. Commissioner Hoyt noted that studies had shown that narrower streets were safer because vehicles were forced to drive slower. Commissioner Bearden noted that the plan did not specifically state how many lots had widths of 15 ft. Mr. Eckland believed there were no more than five lots with widths of 15 ft. Motion by Commissioner Bearden, seconded by Commissioner Massouh, that Case PZ10-27, the proposed rezoning of acres located on the west side of Oak Run Parkway, approximately 2,000 feet north of Loop 337, from "R-1A-8" Single Family District to "POD" Planned Development District with a Concept Plan, be forwarded to City Council with a recommendation to approve, with the following requirements: 1 That Lots 29 through 42 and 52 through 66, must abide with the single story and masonry requirements; 2 That streets with 30 ft. pavement widths include a center line stripe; 3 Amend the Concept Plan Summary Table to show 15' side setback along Westpointe Dr.; and 4 The percentage of varying lot widths must be kept the same as shown on the Concept Plan. The motion carried, with Commissioner Myrick voting "no". (8-1-0

226 220 Enclave at Westpointe- summary of meetings January 20, meeting with Mr. Miner- Jim Klein February 8- meeting with Jeff Moeller- Shannon Mattingly and Jim Klein February 22- meeting with Joey- Jim Klein February 23- City retained HMT to analyze capacity in existing drainage easements through Hunters Creek Subdivision July 13- meeting with Joey and Bury- Shannon Mattingly, Stacy Snell, Jim Klein and Holly Mullins July 16- meeting with Jeff and James at HMT to review Bury report- Jim Klein July 27- meeting with Phil Miner- Mike Morrison, Robert Camarena, Steve Ramsey, Jim Klein and Jeff Moeller July 28- meeting with Ron Reaves and David Whitaker- Jim Klein and Shannon Mattingly August 2- meeting with Ron Reaves and David Whitaker- Stacy Snell and Holly Mullins August 3 - public hearing on the PDD zoning request- Planning Commission August 4- Mike Morrison, Mayor Boyer, Shannon Mattingly, and Jim Klein August 10- Mike Morrison, Mayor Boyer, Councilman Ybarra and Jim Klein September 1- Joey Guerra and his partner, Aaron from Bury- Mike Morrison, Shannon Mattingly, Jim Klein, Stacy Snell, and Jeff Moeller September 15- Joey etal, -Shannon Mattingly and Jim Klein September 30- meeting to review Bury report- Jim Klein, Jeff Moeller and James October 5- meeting discuss engineering report- Jim Klein and HMT October 19- Phone call with Mr. Miner Mr. Miner asked what HMT's role was along with what I thought the process was to correct the drainage issues in Hunter's creek. We discussed HMT's role, drainage issue we had identified and explained how we were all working to agree on existing flow rates near his property as it entered Hunter's Creek. He brought up other internal drainage issues also, but I tried to stay focused on the issue where Westpointe water left their property. Mr. Miner also brought up the sewer lift station issue. Call lasted approx 30 minutes. ATTACHMENT 11

227 221 10/20- Phone call with Mr. Reaves Mr. Reaves called wanting a more in depth explanation on HMT's role as well as wanted to go over other documented problems he had within Hunters Creek. Phone call lasted approx 15 mins, with a follow up meeting scheduled the following day. 10/21- Meeting with Mr. Reaves at HMT office Met with Mr. Reeves and went over all the work HMT has done on the project. We went over drainage area maps of the Hunters Creek area as well as of the Panther Canyon area. Went over what we were doing, again, tried to emphasize the point that we all needed to agree to an existing flow rate at the point water left the Westpointe property. Went over other problem areas Mr. Reaves had documentation on inside of Hunter's Creek as well as issues he had with the Coma I River and how all this water ended up in Landa Park. Lift station, TCEQ, WPAP requirements were also discussed. Meeting lasted approximately 2 hours. October 25- Phil Miner, Mr. Morrison, Jeff M Mr. Miner came in to discuss the overall situation. We went over HMT's role, developer's responsibilities, and the City's role in the process. We discussed drainage in the entire area as well as lift station concerns he had. Mr. Miner was clear that the current situation was unacceptable and wanted things fixed ASAP. Meeting lasted approximately 1 hour. October 26- community meeting arranged by Joey Guerra 10/29- Phone call from Mr. Miner, Mr. Miner called to discuss the drainage issues as well as issues that were discussed at the last public meeting. He wanted to know if there was an option we could look at that would divert water to another watershed, specifically, if we could capture most of the water and discharge it onto the Kiesling property. He said we really needed to find a way to eliminate water coming to Hunter's Creek. I told him the goal was to limit the water coming to Hunter's Creek to the existing conditions, but we could not divert water out of the watershed. Phone call lasted approx 20 mins. November 2- meeting with Ron Reaves, David Whitaker, Sue Ellen and Kim Muschalek- Shannon Mattingly and Stacy Snell U:\Pianning\Enclave at Westpointe conversations.docx

228 222 ORDINANCE NO AN ORDINANCE REZONING ACRES LOCATED ON THE WEST SIDE OF OAK RUN PARKWAY, APPROXIMATELY 2,000 FEET NORTH OF LOOP 337, FROM "R-1A-8" SINGLE FAMILY DISTRICT TO "ENCLAVE AT WESTPOINTE VILLAGE PLANNED DEVELOPMENT DISTRICT" WITH CONCEPT PLAN; REPEALING ALL ORDINANCES IN CONFLICT; CONTAINING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of New Braunfels has complied with all requirements of notice of public hearing as required by the Zoning Ordinance of the City of New Braunfels; and WHEREAS, in keeping with the spirit and objectives of the "PDD" Planned Development District, the City Council has given due consideration to all components of said district; and WHEREAS, it is the intent of the City Council to provide harmony between existing zoning districts and proposed land uses; and WHEREAS, the rezoning is in compliance with the Future Land Use Plan; and WHEREAS, the City Council desires to amend the Zoning Map by changing acres located on the west side of Oak Run Parkway, approximately 2,000 feet north of Loop 337, from "R-1A-8" Single-family District to "Enclave at Westpointe Village Planned Development District;" now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS: SECTION 1 THAT Sections and 1.2-2, Chapter 144, of the New Braunfels Code of Ordinances and particularly the Zoning Map of the City of New Braunfels, are amended by changing the following described tract of land from "R-1A-8" Single-family District to "Enclave at Westpointe Village Planned Development District": "47.97 acres located on the west side of Oak Run Parkway, approximately 2,000 feet north of Loop 337, as delineated on Exhibit 'A' and further described in Exhibit 'B' attached, and adopting the development standards as stated in Exhibit 'C'." SECTION 2 THAT all provisions of the Code of Ordinances of the City of New Braunfels not herein amended or repealed shall remain in full force and effect. SECTION3 THAT all other ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent that they are in conflict. 1

229 223 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 8th day of November, PASSED AND APPROVED: Second and Final Reading this the 22nd day of November, CITY OF NEW BRAUNFELS R. BRUCE BOYER, Mayor ATTEST: ANN SMITH, Interim City Secretary APPROVED AS TO FORM: ALAN C. WAYLAND, City Attorney Y:\Ordinances\Zone Changes\Westpointe PDD.doc 2

230 Location Map m >< :t: - m ~ Legend... ~ Subject Property i... 6 ; City Limits f',,cityof ~~New Braunfels Enclave at Westpointe Village R-1 A-8 to POD N / Map Created On 7/14/10 -~ -~

231 225 11!1 PAPE-DAWSON 1 ENGINEERS land DEVELDPIHHT EHVIRONMENTAL TRANSPORTATION WATER RESO URCES SURVEYING FJELD NOTES FOR A acre, or 2,089,643 square feet more or less, tract of land, out of a acre tract ofland out of the City of New Braunfels, Carnal County, Texas, and being out of the William Mockford Survey No Abstract No. 393, and the Andres Sanches Survey No. 286, Abstract No. 528, Coma! County, Texas, said acre tract being ( 1 au of that certain acre tract conveyed by Franz Coreth, ama Franz E. Coreth, and wife to Psalms 127, L.P. by deed dated May 5, 1998 and recorded as Document No of the Of.ficial Public Records of ComaJ County, Texas, and (2 all of that certain 5.00 acre tract conveyed by Franz Coretb, a/k/a Franz E. Coreth to Psalms 127, L.P. by deed effective December 18, 2006 and recorded as Document No of the Official Public Records of Cornal County, Texas. Said acre tract described more particularly by metes and bounds as follows: BEGINNING: THENCE: THENCE: THENCE: At the southern most comer of said acre tract, being the southern most corner of said herein described tract; N 43 03'02" W, along and with southwestern line of said acre tract. a distance of feet to an angle point; N 43~3'36" W, continuing along said southwestern line of said acre tract, a distance of feet to an angle point, being the western most comer of the herein described tract; Along and with the northwestern line of said acre tract, the following calls and distances: N 43 48'56" E, a distance of I 0.40 feet to an angle point; N '43" E, a distance of feet to an angle point; N 44 59'0 I" E, a distance of feet to an angle point; N 45 06'40" E, a distance of feet to an angle point; N 44 57'22" E, a distance of feet to an angle point; N '36" E, a distance of feet to an angle point; N 45 00'10" E, a distance of feet to an angle point; N 45 02'53" E, a dis!f!nce of feet to an angle point; N 44 59'47" E, a distance of I feet loan angle point; SAM lhldhid I AUSliH Ensl Ram~~' San Antonio. Te as P F EXHIBIT "B"

232 Acres Job No I Page2of3 (con't THENCE: N '14" E, a distance of89.29 feet to an angle point; N 53 03'59" E, a distance of feet to an angle point; N 52 48'09" E, a distance of feet to an angle point; N 53 04'35" E, a distance of feet to an angle point; N 52 59'13" E, a distance of feet to an angle point; N 53 13'55" E, a distance of feet to an angle point; N 52 58'50" E, a distance of206.3j feet to an angle point; N 53 03'20" E, a distance of55.38 feet to an angle point for the beginning of a non-tangent curve to the left, being the northern most comer of the herein described tract; Departing said northwestern line, over and across said acre tract the following calls and distances:. Southeasterly, along the arc of said curve to the left, with a radial bearing of N59 15'04" E, a radius of feet, a central angle of03 52'5l", a chord bearing and distance of S '21" E, feet, at an arc length of feet to a point of tangency; S 34 37'47" E, a distance of26.67 feet to an angle point for the beginning of a curve to the left; Southeasterly, along the arc of said curve to the left, said curve having a radius of feet, a central angle of 37 58'24", a chord bearing and distance of S53 36'58" E, feet, at an arc length of feet to a point of tangency; S 72 36'10" E, a distance of feet to an angle point for the beginning of a curve to the right; Southeasterly, along the arc of said curve to the right, said curve having a radius of 1, feet, a central angle of 05 34'04", a chord bearing and distance ofs 69 49'08" E, feet, at an arc length of97.18 feet to a point of non-tangency, being the eastern most corner of ~he herein described tract; S 22 57' 54" W, a distance of feet to an angle point for the beginning of a curve to the right; lillrll PAPE-DAWSON fhs ENGINEERS

233 47.97 Acres Job No I Page 3 of3 227 (con't Southwesterly, along the arc of said curve to the right, said curve having a radius of feet, a central angle of 38 44'56", a chord bearing and distance of S 42 20'22" W, feet, at an arc length of feet to a point of tangency; S 61 42'50'' W, a distance of feet to an angle point for the beginning of a curve to the left; Southwesterly, along the arc of said curve to the left., said curve having a radius of2, feet, a central angle of 19 52'33", a chord bearing and distance of S 51 46'34" W, feet, at an arc length of feet to a point of tangency; s 41 50' 17" w, a distance of feet to an angle point for the beginning of a curve.to the right; Southwesterly, along the arc of said curve to the right, said curve having a radius of 2, feet, a central angle of 04 58' 51 " a chord bearing and distance of S 44 19'43" W, feet, at an arc length of feet to a point of tangency; S 46 49'08" W, a distance of to an angle point; S 43 10'52" E, a distance of feet to an angle point on the southern line of said acre tract, being the southeastern line of herein des cribed tract; THENCE: S 46 49'08" W, continuing along said southeastern line, a distance of feet to the POINT OF BEGINNING and containing acres of land in the City ofnew Braunfels, Comal County, Texas. This document was prepared under 22 TAC , does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. Prepared by: Job No: Date: Doc Jd: Pape-Dawson Engineers, Inc July 11,2007 P:\68\58\0D\Wurd\Ficld Notes\ ZONJNG-A.doc m! PAPE~DAWSON 1 M ENGINEERS

234 228 The Enclave at Westpointe Village Planned Development District BASE ZONING DISTRICT This Planned Development District (POD will have the base zoning requirements of the R-1A-8 zoning district as described in the current zoning ordinance of the City of New Braunfels. The Enclave at Westpointe Planned Development District will accommodate a modified street and lot layout for a sustainable community that provides generous native landscaped areas, unique lot diversity and pedestrian friendly circulation. CONCEPT PLAN REQUIREMENTS RELATION TO COMPREHENSIVE PLAN This project area is currently zoned R-1A-8-R83. The project area and proposed use are in accordance with the Land Use Plan and Major Thoroughfare Plan depicted in the City's Comprehensive Plan. Thus, the new POD will directly align with the Comprehensive Plan as set out by the City of New Braunfels. ACREAGE The proposed Development District area is acres. This includes the subdivision area of approximately acres and right-of-way area within the proposed Westpointe Drive. SURVEY An accurate survey of the boundary of the district is included as an attachment. LAND USES The land use is single family residential. GENERALTHOROUGHFARELAYOUT The attached Concept Plan includes the general thoroughfare layout. DEVELOPMENT STANDARDS The general development standards are as follows: BASE ZONING: TOTAL ACRES: NUMBER OF RESIDENTIAL LOTS: LOTS/ACRE: PARK/OPEN SPACE: LAND USE: TOTAL SIDEWALK (5-FT.: CUL-DE-SAC DIAMTER: AVERAGE LOT AREA: MINIMUM LOT AREA: FRONT SETBACK MINIMUM: SIDE SETBACK MINIMUM: R1A (Exc Westpointe Dr APPROX ACRES *1 SINGLE-FAMILY RESIDENTIAL 7,000 LF MIN. 160FT. MIN. *2 9,413 SQ.FT. *3 7,000 SQ.FT. *4 25FT. *5 5 FT. *6 The Enclave at Westpointe Village PO Page 1 of 5

235 229 REAR SETBACK MINIMUM: MINIMUM LOT WIDTH AT FRONT SETBACK LINE: MINIMUM LOT DEPTH: MAXIMUM BLDG HEIGHT: MAXIMUM BLDG COVERAGE ON AVERAGE LOT: MINIMUM BUILDING SQUARE FOOTAGE: MASONRY REQUIREMENTS: CONNECTIVITY: ACCESS: 20FT. 59 FT. *7 100FT. Lots 29 thru 42 and 52 thru 66 shall be a maximum of one story; 35 FT. for remainder % *8 1,800 sq. ft. on Lots 29 through 42 and 52 through 66. Exterior side or rear walls on lots adjacent to Hunters Creek (Lots 29 through 42 and 52 through 66 shall be constructed with masonry siding composed of brick, rock or stucco. There shall be no street connection from the proposed subdivision to Hunters Creek Subdivision by means of the street known as Hunters Ridge. The Enclave at Westpointe Village will be a controlled access (gated neighborhood as follows: 1. The primary (northern access point off of Westpointe Drive will be the main entry and will serve as entry and exit for both homeowners and emergency vehicles. 2. The secondary (southern access point off of Westpointe Drive will serve as an exit only for homeowners while allowing entry and exit for emergency vehicles. *1 -Open space within this sustainable community includes water quality and detention pond areas as well as native landscaped areas. All common areas will be maintained by the HOA and the common areas and native landscaped areas will be owned by the HOA. The native landscaped areas being provided exceed the required park area of 1/150 acre per dwelling unit. Furthermore, the developer proposes the dedication of a± 10 acre park at the top of Mission Hill. The park entrance, located on Independence Drive, is less than one half mile from the entrance to The Enclave at Westpointe Village subdivision. The proposed Mission Hill Park will provide an easily accessible park area for the residents within the Enclave of Westpointe Village in addition to the HOA-owned open spaces within the sustainable community itself. *2 - The cul-de-sac diameter being provided is in excess of the minimum required by code and will provide a park-like island with additional open space that provides a unique identity within the neighborhood. *3- The average lot area exceeds the 8,000 SF minimum in R-1A-8 base zoning district by approximately 17. 7%. The nature of the meandering street layout within this sustainable neighborhood creates lots with varied sizes and shapes. This eliminates The Enclave at Westpointe Village PD Page 2 of5

236 230 monotony while providing unique views as one walks or drives along the streets. Using this design technique, called coving, we've significantly increased the average distances of homes front to front and homes rear to rear (the areas where home windows are concentrated compared to conventional planning that strives to make all lots at the 8,000 square foot minimum. *4 -There are currently 26 lots within the subdivision that fall below the minimum 8,000 square foot area. Of these 26 lots, there are only 10 lots that are below 7,500 square feet. The nature of the street layout within this sustainable community creates lots with exciting shapes, unlike standard cookie-cutter rectangular box-shaped lots. *5 -There is a variable front setback throughout the subdivision. The bulk of the lots within this sustainable community have a front setback, as depicted on the Concept Plan, in excess of the 25 foot minimum. This provides a more inviting pedestrian experience within the neighborhood. *6 -The minimum side setback for lots that abut Westpointe Drive shall be 15 feet on the side that abuts Westpointe Drive. Otherwise, the required side setback for corner lots is 5 feet. *7 -The minimum lot width at a 25-foot front setback is 15 feet. However, this is an unusual circumstance for "flag lots" located in the cul-de-sac. The minimum lot width of 59 feet occurs at the front setback that is established and shown on the Concept Plan. The nature of the street layout within this sustainable community creates lots with unusual shapes, unlike standard rectangular box-shaped lots, that, while not meeting minimum area and width requirements, provide greater diversity within the community. The lots that are located at the end of the cul-de-sac that appear flag-like are set in a more secluded area with terrific views to adjacent open space. Those lots have widths of 59 to 65 feet at the meandering setback with the narrowest portion being 15-feet wide for driveway access. The percentage of varying lot widths will be kept the same as shown on the concept plan. *8 - If the largest building footprint is placed on the smallest lot, the resulting building coverage is 43.1%. STREET DESIGN CRITERIA The base street design criteria used within the Enclave at Westpointe Subdivision is for "Local streets serving one- and two-family residential properly" having a ROW width of 50 feet. 1. No tangent section is required between reverse curves as this will allow for the meandering nature of the streets as currently laid out. With the large sweeping radius of the curves and slow residential speeds, tangents are not needed. Intersections are at the outer portion of the curves providing increased sight distances compared to the "tee" intersections of standard platting. However, a painted center line is required. 2. Minimum pavement width for the interior streets (excluding Westpointe Drive is 30 feet (FOC to FOC. These interior streets with pavement widths of 30 feet shall have a double yellow center line throughout the subdivision. The Enclave at Westpointe Village PO Page 3 of 5

237 Trees may be planted within the 4.5-foot landscape strip between back of curb and the sidewalk. 4. The residential sidewalks will be 5 feet in width. DRAINAGE REQUIREMENTS No building permits for single-family residences shall be issued by the City prior to the completion and subsequent inspection and approval by City of the following Phase I (Unit 1 drainage improvements: 1. The owner shall excavate the full volume of the east detention pond as referenced in the drainage report for this project dated October 19, In addition to this excavation, the outfall structure of the existing pond will be reconstructed to match the configuration modeled in the drainage report for this project (dated October 19, To provide a further increase in available storage capacity near the outfall point, the east water quality pond will also be excavated to subgrade with this initial site work (excavated to the level below the filtration section that will be installed at a later date. / 4. To minimize the amount of runoff from the site that has the potential to flow across lots 37, 38 and 39 of the Hunter's Creek Subdivision, an earthen berm will be installed within the project area along the rear property line of lots 37, 38 and 39 of the Hunter's Creek Subdivision between the existing water quality pond and the existing detention pond. In lieu of the interceptor channel planned previously in this area, this berm will be constructed to divert runoff to the detention pond that would not be captured in the proposed street (Wauford Way. 5. To provide a further increase in available storage capacity near the outfall point, the off-site detention pond (south of Westpointe Drive will also be excavated to subgrade with this initial site work. DRAINAGE MAINTENANCE BOND In connection with City approval of drainage improvements for Phase II Unit I, Owner shall provide, or cause contractor to provide, a maintenance bond or other form of surety acceptable to the City which shall require contractor to do and perform all necessary work to repair any and all defective conditions growing out of or arising from any defect of work performed by the contractor solely by reason of defective materials, work or labor by contractor, for a period of two year following completion (or date of approval or acceptance by City, if applicable. LIFT STATION A lift station planned adjacent to lot 53 of the subdivision shall instead be located adjacent to lot 52 and near the street Mission Run Hill. The Enclave at Westpointe Village PO Page 4 of 5

238 232 ADDITIONAL REQUIREMENTS The following items are to be completed as soon as possible by the owner upon obtaining approval of the Water Pollution Abatement Plan for this project from TCEQ regardless of the status of the EWVPD, the subdivision plat, or the full set of construction plans for Unit 1: 1. The owner shall excavate the full volume of the east detention pond as referenced in the latest version of the drainage report for this project. This will provide an approximate increase of 138,000 cubic feet of detention volume, which more than doubles the storage capacity of the existing detention pond. 2. In addition to this excavation, the outfall structure of the existing pond will be reconstructed to match the configuration modeled in the latest version of the drainage report for this project, thus significantly reducing the discharge potential for any storm water that enters this detention pond. 3. To provide a further increase in available storage capacity near the outfall point, the east water quality pond will also be excavated to subgrade with this initial site work (excavated to the level below the filtration section that will be installed at a later date. This will provide in excess of an additional 60,000 cubic feet of storage volume. 4. An earthen berm will be installed within the project area along lots 37, 38 and 39 of the Hunter's Creek Subdivision between the existing water quality pond and the existing detention pond. In lieu of the interceptor channel planned previously in this area, this berm will be constructed to divert runoff to the detention pond that would not be captured in the proposed street (Wauford Way. This will further minimize the amount of runoff from the site that has the potential to flow across lots 37, 38 and 39 of the Hunter's Creek Subdivision. U:\Pianning\Pianned Developments\ The Enclave at Westpointe Village- POD markup. doc The Enclave at Westpointe Village PO Page 5 of5

239 n \l /,i' M,& J ' ("'" ("'" C\1 I I I I I ~ \ \/_ I ~- 4 J - - ~- p'"' r\ \\l\1/ r ---.~ ~I ~!Z s~ a.. a. 9 ~~ ~Q 8!ii z ~ ~ PI\. PI\. NOlE: THE PERCENTAGE OF VAR"'IING LOT WIDTHS MUST BE KEPT THE SAME AS SHOWN ON THIS PLAN u!i u ij! ~~ ~~ h MINI~Ut.C SlOE SElBACK FOR LOlS AlONG 't STPOINlE DRIVEIS15FEET. + HOUSE ON LOT IS UMI'TED TO ONE SlOR'I' AND MUST CONFORU TO MASONRY RECUIREYENTS PER POD DESCR1Pl10N BASE-ZONING: TOTAL~ NUMBER Of lots: LOTS/ACRE: PARK/OPEN 51'~ LAND USE! TOTAL SIOEWAUC. (5-FT: CUL-DE-SAC DlAMElER: AVERAGE LOT AREA: MINIMUM LOT AREA: FRONT SETBACK t.iininum: SIDE SEtBACK MINIMUM: R AR SE:IBAQC UINNUM: I.IININUM LOT WIDTH AT FRONT SETBACK UNE: MINIMUM LOT DEPTH: MAXIUUM BlDG H 1Gl-IT: MAXIMUM BLOC CO~ ON AVERAGE LOT: -.._, ;~\ ~'

240 234

241 ~JN~~Braunfels 235 City Council Agenda Item Report NOVEMBER 22, 2010 Agenda Item No. q ( Presenter I Contact- Shannon Mattingly, Planning Director ( smattingly@nbtexas.org SUBJECT: Public hearing and consideration of the first reading of an ordinance granting a Special Use Permit to allow a mixed-use development consisting of commercial, multi-family and single-family residential in the "R-1" Single Family and "R-2" Single and Two-Family Districts, on acres located in the 1600 block of FM 1 044, on the west side of FM approximately 250 feet south of IH-35. APPLICANT: Tim Marroquin 912 N. 18th St. Nederland, TX OWNER: Lorna Verde, LP 757 N. Hwy 123 Bypass Seguin, TX BACKGROUND/RATIONALE: The applicant originally applied for Mixed Use zoning on this property. Because of neighborhood concerns about traffic, drainage, and potentially incompatible uses in the MU-A district, he withdrew the zoning request. Mr. Marroquin is now requesting approval of a Type 2 Special Use Permit, with site plan, for a similar commercial, multi-family, and zero lot line residential development. If approved, the site plan becomes part of the ordinance and changes to the development plan will require an amendment to the SUP. The original Lorna Verde Master Plan approved in 1996 indicated this area would be single or two-family homes. The proposed development contains 192 apartment units, 18 patio/zero lot line homes, and a maximum of 12 loft apartments above the commercial uses. This results in an overall density of dwelling units per acre across the 18.8 acres. Density up to 12 units per acre is considered "low density" in the zoning ordinance. The proposed site plan includes walkways and open spaces tying the different uses together. When commercial or multi-family uses are adjacent to single- and two-family residential, a solid wall or fence and buffering trees every 25 feet are required along the property line. In addition, the building setback is increased to 20 feet plus one foot for every foot in building height over 20 feet. Two- and three-story apartment buildings are proposed, with a maximum building height of 35 feet. The site plan provides a 35 to 45-foot setback for the apartments along with an 8-foot privacy fence. Page 1 of4

242 236 Drainage and traffic impact issues are typically addressed at the platting stage. In response to concerns raised by local property owners, the applicant submitted a statement acknowledging drainage requirements. He also submitted a preliminary traffic study on September 27th, which has been forwarded to the City Engineer for review. A complete Traffic Impact Analysis (TIA will still be necessary and will require review and coordination with TxDOT. Although current zoning on the property is single- and two-family residential, the future land use designation of commercial extends approximately 1,000 feet from the IH-35 frontage road. This designation recognizes commercial, rather than residential, as the most appropriate use along the Interstate. It is not uncommon for multi-family residential to be used as a buffer between commercial and single-family developments, though they are typically planned for or built prior to the single-family development. In making a recommendation on zoning, the Commission considers the following factors: Whether the permitted uses will be appropriate in the immediate area, and their relationship to the area and to the City as a whole; Whether the change is in accord with any existing or proposed public schools, streets, water supply, sanitary sewers, and other utilities to the area; How other areas designated for similar development will be affected; Any other factors that will substantially affect the public health, safety, morals, or general welfare; and Whether the request is consistent with the Comprehensive Plan. GENERAL INFORMATION: Case No.: PZ10-34 Size: Surrounding Zoning and Land Use: Comprehensive Plan/ Future Land Use Designation: lmprovement(s: acres North - C-3 I Retail, Single-family residences South - R-1 I Single-family residences East (across FM R-2, R-11Single-family residences, vacant West- R-2 I Single-family residences, vacant Commercial and Low Density Residential Vacant Notification: Public hearing notices were sent to 56 property owners located within 200 feet. Eight responses were received in favor (#31, 32, 33, 36, 40, 41, 43, 45 and 31 in opposition (#1, 2, 4, 7, 8, 10, 11, 12, 13, 14, 15, 16, 19, 20, 21, 22, 23, 24, 25, 27, 28, 29, 30, 34, 35, 48, 52, 53, 55, 56. Because opposition exceeds 20% of the land area with 200 feet, a 314 majority vote at City Council is necessary to approve the request. A petition in opposition with 75 signatures from outside the notification area was also received. Page2 of4

243 237 ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: Yes. City Plan/Council Priority: 2006 Comprehensive Plan Pros and Cons Based on Policies Plan Pros: Goal 1A Evaluate proposed zone changes to maintain land use compatibility, as well as the integration of mixed land uses as a component of achieving better places to live. The proposed site plan integrates a mix of land uses. The commercial and low-density residential components are compatible with future land use designations. Goal 1J Major traffic generators should be planned and designed to avoid. access through residential neighborhoods. The property is located along a designated SOfoot arterial near IH-35 and does not require access through a neighborhood. Goal 20 Approve rezonings that provide for a mix of land uses. The proposal provides for a mix of land uses. Goa~ 171 Encoijrage a range of housing opportunities, including varied Jot sizes and housing choices. The plan provides a range of housing options, including single-family garden homes and multifamily residential. Goal 17 J Encourage the integration of singlefamily and multi-family structures in new developments with commercial centers which would serve the varied needs of today's diverse households. Single- and multi-family structures are integrated with a commercial center in this SUP request. Goal 200 Respond to changing market trends, consumer preferences, economic realities, and design technology related to housing types and densities. The applicant states a Feasibility and Market Study confirms market demand for apartments and smaller single-family homes. Goal 20F Utilize design sensitivity and buffering for commercial uses adjacent to existing or proposed residential areas, including existing Page 3 of4

244 238 natural features and physical barriers to buffer incompatible land use. Buffering and increased setbacks are provided for -. commercial and multi-family uses adjacent to single- and two-family residential. Cons: None. FISCAL IMPACT: N/A BOARD/COMMISSION RECOMMENDATION: The Planning Commission held a public hearing on October 12, 2010 and voted to recommend denial of the Special Use Permit. (5-4-0 STAFF RECOMMENDATION: Staff has reviewed the request and found it compatible with the future land use designations of commercial and low-density residential and consistent with goals stated in the Comprehensive Plan. However, staff also recognizes the strong opposition from area property owners related to traffic and drainage and stated expectations that the area would be developed as single-family or duplex homes. If City Council votes to approve the Special Use Permit, staff recommends approval be, conditioned upon submittal of a drainage report and complete traffic impact analysis at the time of platting, with the understanding that if the outcome of these two documents alters the overall site plan then the site plan will have to be amended accordingly through the same SUP process. ATTACHMENTS: 1. Application and Supporting Documents 2. Site Plan 3. Zoning Map 4. Existing Land Use Map 5. Future Land Use Map 6. Aerial Map 7. Notification Map 8. Thoroughfare Plan Map 9. Section 3.6 Special Use Permits 10. Excerpt from Planning Commission Minutes of October 12, Ordinance Y:\CCagenda\ZoneChgs&SUP\201 0 Cases\Marroquin SUP O.doc _ Page4 of4

245 239 APPLICATION FOR SPECIAL USE PERMIT 424 S. CASTELL A VENUE NEW BRAUNFELS TX planning@nbtexas.org PHONE: ( FAX: ( 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 Legal Description: Name of Subdivision: /l.c0( &Lock 6F EM /O.t.J4 u/t6t S JiE ;S.g At.~l"e.St'!E Lot(s:.Biock(s: Acreage: _..:..:10,:::;..'...:::;:1_ J...;y;... ~ Ex~ti~U~~Pro~~:-~l-~~c~ ~n~~~l ~,-=6~,~ ~~e~~-n~-s~~~~~-c_e 5. Current Zoning: {?.L..,;'C..;,_,Jr.,. lt_i}j ;;. D;;_ _::...;/l;;; ;;.~ Check if Proposed Special Use Permit is: Type 1 OR Type 2 / 0 '} Proposed Use of Prope~ and/or Reason for request (attach additional or supporting information if.---' necessary: l.j;t/felo'f?t'11ei7t of /ll~.g"'-rrh-e 5/re.!AI t-he.5flfl,j-, 1 1 II j I C'F M1Xl?O tl$ 1.Ot=YE?Loprn e11./t /AicLUDlAI61 A Ck.-''J:Ji1'U:?r <:-i;i.l re 1'?/-lL STP- ; p I /71-:.~'I C 1 LA-:55' A 11-frrt.Zrme Y/T flo rnes /+-IL.l,f. Pr.r-r/o /6!712J.i?N'; 70 c.<-j JJ J..l-o~,: 6 e- :5 ;/..j cicy'sg Pro(;}n i.'ftt ta..>j~f/, ped c.,s 7}2./CJ n 8. ATTACH~ENTS: WfttK..W/Iljj AMO,,9p ;-;V fp/fcf5 /c l'i"'rnc1-~ PEZ>B T/2.'.~/'Y. _... /. Metes and bounds description or survey and map if property is not platted. Pn e tv d I 'j 1:= N V'l ;.-uu"y? e 0 7; V""' v- Map of property in relation to City limits/major roadways or surrounding area. If requesting a Type 2 Special Use Permit, applicant must attach a development/site plan as described on pages 2 and 3 of this application. The undersigned hereby requests rezoning of the above described property as indicated. JV ~"""-<T> v- ~ '~. Sign ure of 0 ner~gent Date ~- '-\ - \ c For Office Use Only Fee Received By: ~ Amount fof:js co Receipt No.: --'-/_,.8,...,5=<-=g_,Cf-=3=--- Date Received: C3-I-j_'I_/'-'I-=O.Zoning signs issued: Date: No. 1 Cash/Check Number. / </. 8 3 Case Number: f': ~ U:\Pianning\Applications\Special Use Permit.DOC ATTACHMENT 1

246 240 Stone Creek Developmeht New l:'>raunfds, Texas Local Residents FM 1044atl-35 New Braunfels, Texas September 25, 2010 Ref: Special Use Permit request for Stone Creek Development Dear Resident, The proposed Stone Creek Village development is requesting to rezone the 18.8-acre site under a special use permit (SUP. The reasons for pulling the original request and resubmitting under the special use permit was to consider surrounding property owners concerns about traffic, drainage, bringing bad element into the area, and being able to change the plans of the mixed use development after we get it rezoned. To insure local residents as well as the Planning Commissioners and City Council that we would not change the plan, we are requesting to rezone under the special use permit whereby we have to abide by the plan we submit to the city. Secondly, we had a preliminary traffic analysis conducted by a professional licensed engineer to identify potential traffic impacts of the proposed development. The summary of the results follows. The full report will be provided to the planning and zoning commissioners prior to the hearing. Thirdly, the storm water drainage plan and options were reviewed with Sherfey Engineering to confirm we have adequate space and means to facilitate a detention pond and outlet structure to control storm water run-off. Last but not least, the main objection at the original hearing was the apartment homes because it was largely assumed that they would either be or become trashy or low-income apartments. I clearly understand and agree along those lines of reasoning, but the truth is that the proposed apartment homes are designed for high-end users or more specifically for "Singles and Professionals" including corporate units as it is referred to in our market and feasibility analysis and report. More than 93% of the complex ~ill be a one and two bedroom. We have bent over backwards to spell out and put in writing exactly what we intend to build in the way of quality, gated community, security cameras, fiber optic/technology built into the complex to make it premium and have longevity. The list goes on in what I have put in writing to you and I back it up with an actual existing community of apartment homes c'the A venue" which have all these features. To work with the property owners, I have gone door to door to visit local property owners starting with those immediately adjacent to the apartment homes to discuss their concerns on this development. Those that I actually had a chance to meet with were very appreciative for the information I provided them and in working with them. Through several meetings and with individual's input and suggestions, we have and continue to make adjustments for their benefit. We have agreed to move the apartment buildings back to feet off the property lines, increasing the height of the privacy fence from 6' to a minimum of 8', and to strategically place trees and landscaping in between new building patios and residential windows to provide privacy for both. The proposed commercial strip is intended to complement the Interstate Plaza shopping center and give the apartment homes a buffer from Interstate 35 and FM 1044's traffic noise. It will most probably be developed after the Interstate plaza is filled out and it is more obvious what is needed and not provided by the larger conglomerates. We see it as more of a specialty and convenience stop strip. The small subdivision of about 18 patio and/or garden homes, only slightly smaller than the existing surrounding homes, will be made special and exclusive with luxury features. Please keep in mind that these 18 acres will be developed sooner or later into either residential and/or commercial. The potential for high-end residential on the northern part of the acreage within a few hundred feet of the freeway and on FM 1044 is not feasible because no one is going to build a quarter of a million dollar home just off the freeway, much less have to listen to it all night long. It is also why the land is designated as "Commercial" on the City's Future Land Use Plan... because Commercial is the most practical and best use of the land so close to the freeway. The land is currently zoned R2, which includes single-family homes and duplexes. This includes smaller and lower-end manufactured homes that would be more profitable and the occupants don't mind so much the noise but like having the convenient location and access. This is a real alternative and what the current owners actually had in mind to do prior to my

247 241 Stone Creek Development New Braunfels, Texas proposal for a higher-end community. Without any fanfare they could do this immediately and may very well choose to if this proposal falls through. After all it would be a lot easier and just as profitable, if not more. Another option is to have the top half of the 18-acre property rezoned to commercial along the lines of the City's Future land use plan because that's what makes sense. In that case, none of the residents in the Mockingbird heights or Lorna Verde neighborhoods would to be notified because they would be beyond the 200-foot distance for notification. Those immediately adjacent to the notthem part of the property (older homes don't mind so much because several of them already are zoned commercial, others want to be rezoned commercial, and all of them would benefit from increased values because of the adjacent property being zoned commercial. This is also a likely scenario where it would then be very profitable to sell to commercial interest that want and need easy access to I-35. The point is, we are not in this to get rich quick and we are not "packing them in there" just to make maximum profit. Our proposed design and layout takes an enonnous amount of issues and options into consideration. It is actually well thought out in tenns of what one will experience traveling down FM Because of the proximity to the highway, and the nature of the market, we came up with the current plan that places the apartment homes behind the commercial strip, patio homes and apartment clubhouse/office building from FM 1044 which gives it a buffer for privacy as well as giving us good control through the gated entrance and exit of the apartment homes. It works very well for us at our current location. The entire frontage of the development along FM 1044 from the 1-35 access road to the Mockingbird Heights entrance is to be planned and designed in unison with coordinated landscaping, architectural design, and an overall appealing appearance to substantiate the entrance to our part of town and neighborhoods. On the traffic issue, a preliminary traffic study was completed to determine the general impact of the development on FM The bottom line results reflect that the proposed development is anticipated to generate appwximately 220 trips during the evening peak period. Currently, FM 1044 has an evening peak period traffic volume of 460 vehicles. That 48% increase in traffic may seem like a sizable increase at the evening peak period, but when you take into account that roughly 90% of that increased volume is in the.quarter mile between I-35 and the entrance to the Apartment homes, the increase is unremarkable at roughly 5%. In other words the increase in traffic from the development and mostly from the commercial strip will be coming from and going to I-35, and that neither goes through or even in between the adjacent neighborhoods. Cumulatively, including the existing and projected increase, the roadway would experience traffic volume to account for approximately 21.2% of the roadway capacity. Also, according to the New Braunfels Thoroughfare Plan effective September 22, 2008, Schmidt Avenue is classified as a collector road (60'ROW from FM 1044 to Interstate 35. Also the path from Walnut to FM 1044 via Gardenia Drive, Hollyhock Lane, Larkspur and Lorna Verde Drive is also recognized as a collector road where traffic regularly travels to get across this part of town. And finally, we conducted a traffic comparison between the currently proposed development and a development where this property is zoned according to the City's Future Land Use plan where roughly 6-7 acres (North half is zoned commercial. The Stone Creek Development would result in approximately 43% less traffic during the evening peak period than if the property were developed as commercial. The point is that the traffic could be considerably more impacted with other potential developments on this property. Please consider all the information I have provided you and have put into writing. I am proud of my work and the integrity I uphold in my work and what I say and do. And it is my sincere intention to create a beautiful community that represents and complements the nice neighborhoods around it. And finally, I would greatly appreciate your support for the rezoning of this property. Support for this rezoning would insure you what will be developed. You should be receiving a notice from the City on our request to rezone this t property. If you have any questions, please do not hesitate to call or me with them so that you may make an informed decision. Very Truly Yours, Tim Marroquin timarroguin@swbell.net

248 242 Stone Creek Development New frauntels, Texas Storm Water Drainage Review Stone Creek Development is committed to managing storm water runoff in complete compliance with the City's Subdivision Requirements. Our team is well aware that the volume of storm water run-off is a direct function of the proposed development (Zoning. Furthermore, our design team is familiar with the storm water drainage issues in and around this site. We are also aware of the current sentiment of the surrounding property owners given the recent storms in the area. The attached map depicts the subject 18.8-acre site relative to its surrounding neighborhoods. Roughly two-thirds of the 18.8 acres (or 12.5-Acres resembles a small valley where storm water run-off flows to an existing culvert and crosses under FM On the east side of FM 1044 we have 1.85 acres to work with in addition to our 18.8 acres on the west side of FM At this point, where the culvert crosses FM 1044 is at the tail end of the existing FEMA 100-year floodplain of the North Tributary Watershed. I o, We recognize that the proposed development will generate additional storm runoff. The development group is committed to managing storm water run-off by conforming to all local codes and ordinances. The intent is to provide an on-site detention pond that will mitigate pre- versus post-development run-off for the 2, 5, 10, 25 and 100-year storm events. This will be accomplished by providing an on-site detention pond and outlet structure ensuring that the run-offis released at a rate that is less than or equal to pre-development conditions. We as well recognize that off-site drainage will need to be managed and conveyed through our site. 0 The civil engineering firm of Sherfey Engineering SA, LLC out of San Antonio has laid out at least three different site plans on this site over the past several years and is familiar with the storm drainage runoff. We are currently engaged with Mr. Garcia and Mr. Herrera at Sherfey Engineering reviewing our options with the available land on both sides of FM We also recognize that a portion of the area designated for detention on the east side of FM 1044 is presently located within a FEMA designated flood zone. If we decide to work within the FEMA designate flood zone, we have the option of securing a Floodplain Development Permit, which would require us to secure a Conditional Letter of Map Revision (CLOMR from FEMA.

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252 Zoning Map Legend ~ Subject Property ZONING c:jr-1 c:jr-1a6.6 ~ ~ 0 :J: :s: m z... w c.j c:jr-2 -C-1 c:jzha -C-3.. Cityof :: New Braunfels FM 1044 at IH-35 South Special Use Permit Map Created On 9/22/10

253 Ebsting Land Use Map Legend ~ Subject Property Existing land Use D D Res Low Density Res Medium Density - Commercial -Industrial -School ~ :;! (' ::I: 31: m z -I ~ - Government - Institutional -Open Space!illifJ Drainage ~.,City of ~~New Braunfels FM at IH-35 South Special Use Permit Map Created On 9/22/10

254 1. ~ Future Land Use Map. ~ ~ Subject Property Future Land Use! res low den res med high ~ ;! 0 :I: s: m z -f 0'1 r, City of ~~New Braunfels ~ FM at IH-35 South Special Use Permit...; - government -school \J Map Created On 9/22/10

255 Aerial Map ~ ~ 0 ::I: i: m z -1 en FM 1044 at IH-35 South Special Use Permit 0 Subject Property Map Created On 9/22/10

256 PLANNING COMMISSION- OCTOBER :00PM New Braunfels Municipal Building, Council Chambers Owner/Applicant: Lorna Verde, LP I Tim Marroquin Address/Legal Description: acres located near the intersection of I H-35 South and FM 1044 REQUEST FOR SPECIAL USE PERMIT- CASE #PZ10-34 The circled numbers on the map correspond to the property owners listed below. All information is from the Carnal Appraisal District Records. The property under consideration is marked as "SUBJECT". 1. Cortez, Juan & Patricia 29. Mock, Christopher 2. McLaughlin, Glen 30. Grabowski, Theodore & Beverly 3. Armadillo Construction Co. 31. Graves, Keith & Lanitra Rudd 4. Altum, Wilhelmine 32. Moreno Construction Co. 5. Roesler, Jason & Emily 33. Lorna Verde LP 6. Buckner, Megan 34. Griffin, Glenn 7. Terrazas, Gerald & Carol 35. Jimenez, Robert & Warangkana 8. Lansdell, Thomas & Sharilyn 36. IH 35 New Braunfels 1 LTD 9. Burdette, Kristina & James 37. Peckham, William Trustee 10. Hudson, Brook & Susan 38. Lagunas, Aaron & Valadez Kathryn 11. Confidential 39. Lehmann, Terry & Graham Melanie 12. Caraballo, Jose & Nydia Muniz 40. Brumbelow, Lawrence 13. Smith, Rodney & Pamela 41. Stapleton, Dorothy & Steven 14. Kling, Robert & Kristin 42. Pierson, Robert & Waring Kathryn 15. Decker, John & Kim 43. Haynes, Lauren 16. Yang, Ye 44. Maya, Ruben & Rosa 17. Stewart, Sterling Scott 45. Henk, Wanda 18. Roy, Kenneth 46. Dolle, Oscar R Jr. 19. Gould, Marianne & Mitchell 47. Cortez, Abdon & Maria 20. Flammia, Daniel & Sheran 48. Krueger, Floyd & Renate 21. Dolgener, James & Angie 49. Trautmann Childrens Management Co. LTD 22. Roggasch, Robert & Nelda 50. Community Assn of Mockingbird Hgts Inc. 23. Wetz, Harvey & Christa 51. Kent, Adam & Natasha Crumpler 24. Garcia, Jesus & Norma 52. Vannort, Jerry Devin 25. Powell, Mark Trustee 53. Holman, Jeremy & Amanda 26. Silva, Gilbert & Mary 54. Bella Vista CMI LTD 27. Wilks, Elijah & Kim Wilson 55. Flores, Jo Ann 28. Aguirre, Deangelo & Cheryl 56. Tuch, Nancy SEE MAP ON REVERSE ATTACHMENT 7

257 Nolffication Map Legend ~ Subejct Property c::j NotificationBuffer Response - Favor -Oppose I : No Response f',cityof ~-..New Braunfels FM at IH-35 South Special Use Permit Map Created On 10/11/10

258 Legend Thoroughfare Plan ~, ~ 150 ft. arterial ft. arterial ft. arterial > ~ I 70 ft. arterial > (" ::::t: s: m z -1 (C 0 PZ10-34 FM 1044 at IH-35 South Special Use Permit., ; '"-.../ Map Created On 9/22/10

259 Special Use Permits 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 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 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; ATTACHMENT 9

260 254 (5 Screening and buffering, features to minimize visual impacts, and/or set-backs from adjacent uses; (6 Control of signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district; (7 Required yards and open space; (8 Height and bulk of structures; (9 Hours of operation; (10 Paving of streets, alleys, and sidewalks, (11 Provisions for drainage, (12 Exterior construction material and building design; and (13 Roadway adjustments, traffic control devices or mechanisms, and access restrictions to control traffic flow or divert traffic as may be needed to reduce or eliminate development-generated traffic on neighborhood streets. (e Public health, safety, convenience and welfare. The proposed use is not materially detrimental to the public health, safety, convenience and welfare, or results in material damage or prejudice to other property in the vicinity 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 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

261 255 (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 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 Telecommunications towers and/or antennas. See Sec 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.

262 256 DRAFT EXCERPT FROM PLANNING COMMISSION MINUTES OF OCTOBER PUBLIC HEARINGS Case PZ10-34: Public hearing and recommendation to City Council regarding a proposed Special Use Permit to allow a mixed-use development consisting of commercial, multi-family and singlefamily residential in the "R-1" Single-Family and "R-2" Single and Two-Family Districts, on acres located in the 1600 block of FM 1044, on the west side of FM 1044 approximately 250 feet south of IH-35. (Tim Marroquin Ms. Mullins noted that the applicant originally requested Mixed Use zoning on the property but because of neighborhood concerns with traffic, drainage and potentially incompatible uses, the application was withdrawn and changed to a Special Use Permit. She then summarized the details of the development. She said 54 notices were sent to property owners within 200 ft. of the subject property; eight responses were received in favor of the Special Use Permit and 15 were received in opposition. In addition, 90 property owners outside the 200ft. notification area signed a petition against the application. She stated that staff reviewed the request and found it compatible with the future land use designations of commercial and low-density residential and consistent with goals stated in the Comprehensive Plan. However, staff also recognized the strong opposition from area property owners related to traffic and drainage and stated expectations that the area would be developed as single-family or duplex homes. Ms. Mullins commented that if the Commission chose to forward this request to City Council with a recommendation for approval, staff recommended that approval be conditioned upon submittal of a drainage report and complete traffic impact analysis at the time of platting, with the understanding that if the outcome of the two documents altered the overall site plan then the site plan would have to be amended accordingly through the same SUP process. 0 Chair Casteel opened the public hearing and invited those in favor of the Special Use Permit to address the Commission. Tim Marroquin, 912 N h St. Nederland, expanded on the information presented by Ms. Mullins. He noted that he met with some of the adjacent residents and made adjustments to the plan, including larger setbacks and taller fence heights. 0 Commissioner Casteel a~ked why Gode St. was not being extended into the project. Cesar Corales, architect with Ted Trout Architects, replied that the developers wanted to keep the project private and did not want to add traffic to the adjacent residential streets. Commissioner Myrick asked the developer if he planned to improve FM 1044 to accommodate the additional traffic. Mr. Marroquin said a deceleration lane would be constructed adjacent to the property and hoped to work with TxDOT so that the unused lane on the IH 35 access road could be used as a merging lane. He proceeded to summarize the findings of the TIA currently being prepared. Janice Henigan, 2413 Newning, Schertz, represented Greystar Communities, spoke regarding the proposed multifamily development. She outlined the rental procedures and policies. David Pfeuffer, 534 Hunters Trophy, noted that the proposed project met the City's Future Land Use Plan and thought it would be better than a subdivision consisting of duplexes or manufactures homes. Chair Casteel invited those opposed to the Special Use Permit to address the Commission. Dr. Margaret Mitchell, 1164 Vista Bonita, said their neighborhood should be given the same type of consideration as was given by the Commission to the residents of Hunters' Creek and the new adjacent subdivision at Westpointe. Jay Patrick, 1225 Pelican Place, noted that Mr. Marroquin had not kept his promises to the residents. He ATTACHMENT 10

263 257 said the project should not be considered a low density development as represented by the developer. He asked the Commission to protect the nearby neighborhoods by denying the Special Use Permit. ' _ Amanda Holman, 623 Kingbird Place, said she closed on her new home in Mockingbird Heights Subdivision on June 25 1 h. She said she would never have purchased the home if she knew what was being planned by Mr. Marroquin. She was concerned with decreased property values, increased noise and activity and lack of privacy. Commissioner Bearden asked if manufactured homes were permitted in "R-2" zoning. Ms. Mattingly said they would not. A motion to close the public hearing was made by Vice Chairman Elrod, seconded by Commissioner Bearden, and passed unanimously. (9-0-0 Commissioner Namken asked about the height of the apartment buildings. Mr. Marroquin said they would be no taller than 35 ft. Commissioner Namken noted that the rear setback for.the proposed development would be 35- to 45 ft. while the standard setback for duplexes was only 20ft. Commissioner Myrick felt that the traffic issues could probably be worked out to everyone's benefit. He believed the drainage plans seemed to be in excess of the current City standards, but given the _level of neighborhood opposition, he would not be in support of the Special Use Permit. Motion by Commissioner Myrick, seconded by Commissioner Bearden, that Case PZ be forwarded to City Council with a recommendation to deny. The motion carried, with Vice Chairman Elrod and Commissioners Lowe, Namken and Hoyt voting "no". (5-4-0

264 258 ORDINANCE NO AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ALLOW A MIXED-USE DEVELOPMENT CONSISTING OF COMMERCIAL, MULTI-FAMILY AND SINGLE-FAMILY RESIDENTIAL IN THE "R- 1" SINGLE-FAMILY AND "R-2" SINGLE AND TWO-FAMILY DISTRICTS, ON ACRES LOCATED IN THE 1600 BLOCK OF FM 1044, ON THE WEST SIDE OF FM 1044APPROXIMATELY 250 FEET SOUTH OF IH-35; 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 site plan delineating those requirements cited in Sections 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" to allow a mixed-use development consisting of commercial, multi-family and single-family residential in the "R-1" Single-Family and "R-2" Single and Two-Family Districts, on acres located in the 1600 block of FM 1044, on the west side of FM 1044 approximately 250 feet south of IH-35; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS: SECTION 1 THAT Sections 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 acres located in the 1600 block of FM 1044, on the west side of FM 1044 approximately 250 feet south of IH-35, as described in Exhibit "A" and delineated in Exhibit "B", to allow a mixed-use development consisting of commercial, multi-family and single-family residential in the "R-1" Single-Family and "R-2" Single and Two-Family Districts. SECTION2 THAT the site plan attached as Exhibit "C" is herewith adopted as part of the Special Use Permit.

265 259 SECTION 3 THAT all provisions of the Code of Ordinances of the City of New Braunfels not herein amended or repealed shall remain in full force and effect. SECTION4 THAT all other ordinances, or parts of ordinances, in conflict herewith are hereby repealed to the extent that they are in conflict. SECTION 5 THAT if any provisions of this ordinance shall be held void or unconstitutional, it is hereby provided that all other parts of the same which are not held void or unconstitutional shall remain in full force and effect. SECTION 6 THIS ordinance will take effect upon the second and final reading of same. PASSED AND APPROVED: First Reading this the 22nd day of November, PASSED AND APPROVED: Second Reading this the 13th day of December, CITY OF NEW BRAUNFELS ATTEST: R. BRUCE BOYER, Mayor ANN SMITH, Interim City Secretary APPROVED AS TO FORM: ALAN C. WAYLAND, City Attorney Y:\Ordinances\Special Use Permits\Marroquin SUP ord.doc 2

266 M.o.s. LAND stlrveving co. DOCM BOUNDARY ALTA* TOPOGRAPHIC CONSTRUCTION 494 S. SEGUIN ST., STE. 102 *NEW BRAUNFELS, TX ! PHONE ( FAX ( FIELD NOTES FOR ACRES OF LAND Page 1 of 5 BEING acres of land out of the John Thompson Survey No. 21, Abstract No. 608, Carnal County, Texas, and being the remaining portion of a tract called 81.4 acres recorded in Volume 99, Page 338, Deed Records, Carnal County, Texas; Said acres of land being comprised of three (3 tracts of land, Tract 1, containing acres of land, Tract 2, containing acres of land, and Tract 3, containing acres of land; Said three (3 tracts of land being more particularly described by metes and bounds as follows: TRACT 1 BEGINNING at a 3/8" iron rod found in the west right-of-way line of F.M for the north corner of this tract and the east corner of Tract 4, Block 3, Morningside Acres, a subdivision recorded in Volume 67, Page 565, Deed Records, Comal county, Texas; THENCE, along the common line of this tract and said rightof-w~y line the following four (4 calls: 1. S 26.04'44" E, a distance of feet to a 1/2" iron rod set at the beginning of a curve to the right; 2. Along said curve, having a radius of feet, a central angle of 24.02'18", a chord distance of feet and a chord bearing of S 10.01'59" E, a distance of feet (called 584.3', on a ROW Map obtained from the Texas Department of Transportation to a found concrete monument; 3. s 1.59'11" W, a distance of feet (called S 1 57' w, ' on said TxDOT ROW Map to a concrete monument found at the beginning of a curve to the left; 4. Along said curve, having a radius of feet, a central angle of 26.11'21", a chord distance of feet and a chord bearing of s 11.13'35" E, a distance of feet (called 891.6' on said TxDOT ROW Map to a concrete monument found for the south corner of this tract and being in the east boundary line of a acre tract of land recorded in Volume 365, Pages , Official Public Records, Comal County, Texas; EXHIBIT "A"

267 261 DOCM I Page 2 of 5 THENCE, departing said right-of-way line, along the common line of this tract, said acre tract, a acr~ tract recorded in Volume 425, Page 442, Official Public Records, and the remainder of a acre tract recorded in Volume 78, Pages Deed Records, both of Carnal County, Texas, N 24 22''12" w, a distance of feet (called N 24 19' Win 99/338 D.R. to a 1/2" iron rod found for angle and N 61 30'26" w, a distance of feet (called N 61 36' w, ' in 99/338 D.R. to a 1" iron pipe found for the west corner of this tract and the south corner of Tract 1, Block 4 of the aforementioned Morningside Acres; THENCE, departing the northwest boundary line of. said remainder of said acre tract, along the common line of this tract and said Morningside Subdivision, N 29 31'56" w, a distance of feet (called N 29 21' W, ' in 99/338 D.R. to the POINT-of-BEGINNING and containing acres of land, more or less. TRACT 2 BEGINNING at a 3/4" iron rod found in the arc of a curve in the east right-of-way of F.M for the north corner of this tract and being in the west boundary line of the remainder of a acre tract recorded in Volume 567, Pages 67-70, Official Public Records, Carnal County, Texas: THENCE, departing said right-of-way, along a common line of this tract and said remainder of said acre tract, s 24 58'12" E, a distance of feet (called S 25 09' E in 99/338 D.R. to an axle found for an interior corner of this tract and a south corner of said remainder of said acre tract; THENCE, continuing along a common line of this tract, said remainder of said acre tract and a southeast boundary line of the city of New Braunfels acre tract recorded in Volume 664, Page 707, Official Public Records, Carnal County, Texas, N 65 24'21" E, a distance of feet (called N 66 E, ' in 99/338 D.R. to a 1/2" iron rod found for a re-entrant corner of this tract and being at an angle point in the west boundary line of Lot 7, Block 8, Green Meadows Unit Five, recorded in Volume 5, Page 12, Map and Plat Records, carnal County, Texas:

268 m >< :I: OJ =i OJ Legend ~ Subject Property,..,City of ~-..New Braunfels PZ10-34 FM at IH-35 South Special Use Permit Map Created On 9/22/10..._. '..._/ ~

269 , '.// i / : _,.-! l,. I I< /~ i! _./ i! ~ I ~ ~ r i 1 i -;; l "? i : I i 0 1- m.:s:=:.w: :I: ~ae.r '1f >< --=ro..'!! w,.,..., ~~~... 71fi1J ('I" lo N ~ 1111 " I1E<I ~ACI:Z!IMIU!~AII:UICIIII"ACI! 011ti'Ml t:o IDCA'II! NQ,...:Nil A1.DIBI CIN.W.Afiii'IIUPI ==~~AJOARtreft - HX:.t.tPC'DwSIIIDc:NIPalt& APARTMENT UNrr DATA P"' 1- I& ~ -+i~!!!..!!!.!!:..!!...!!..!!:. WIIO.FT, -""'''UGK~PCai'AGI!:PIJII..,.AAitelf AWIInft"A"IIIIflllraii!BalJ AMitTTPC"A"tlllll~ ~ otiq.pt, IIUM IICI.PT. II..'ID ea.n. 41,J»IIQ.Pr....-aa.n. ~ iui1iipi" ~ PARKING.,. " 1111~... 11"-'CDNitiiD.I:.I,LMIIIf ~ACBI'IR:II!D~IIIII',_ ~~~RIOEalUI&INJ I.. A1211oi'DIOOOI4Pf.tlf.Q.I2INCIUIII! 1'01'& ~ ~II"ACDIIIIQMm... CIPDIPMIIOIIIIP.fQ& IUIIII:II'PIDNM.II:CDRIW... "'...-.:;;;; ~ racu.,,.~=. """" ~ACIIIo '"'"" 'ID'LI&.I'\II!QII...-.M:Iwal,_ '"""' Avr.IUdiiii"ACCt,.lllln'~ TOTAL LOT AREA IC.I ACRE&....._ I ~~WITECTURAL PRELIMINARY SITE PLAN '''"'"""" STONE CREEK LUXURY APARTMENT HOMES ftoiocu><anoo< - - ~:.-...,.,., ~ = --- :--- -~\ ~,

270 264

271 265. Cityof ~J ~ New Braunfels City Council Agenda Item Report NOVEMBER 22, 2010 Agenda Item No. 4- F Presenter- Shannon Mattingly, Planning Director smattingly@nbtexas.org SUBJECT: Discuss and consider approval of a Resolution to support the Historic Civil Engineering Landmark designation of the Faust Street Bridge. APPLICANT/OWNER: City of New Braunfels 424 S. Castell New Braunfels, TX HISTORIC CONTEXT: The Faust Street Bridge was built in 1887 and spans 640 feet across the Guadalupe River in South Central Texas. It was one of the first "toll-free" structures completed over a waterway in Texas. Before the bridge was built, families would walk along the Guadalupe River looking for a shallow area where they could cross. In 1917, the Texas Highway Department designated the Faust Street Bridge as part of Texas Highway 2, accommodating traffic between Austin and San, Antonio until1934, when the new highway was constructed. This wrought-iron bridge is one of twenty metal-truss bridges constructed in Texas prior to Of these twenty, it is the longest and most complex. One unique feature is its Whipple truss construction method. The renovation of the Faust Street Bridge became a reality in 1993 when the State of Texas funded a transportation enhancement program to help restore historic structures. The Faust Street Bridge was designated a local landmark on March 21, 1999 and listed on the National Register of Historic Places on March 17, Staff is seeking a Historic Civil Engineering Landmark designation from the American Society of Civil Engineers (ASCE. This is an honorary title given by the ASCE to encourage all civil engineers to become aware of the history of their own profession, to increase the public's appreciation of civil engineering contributions to society, to encourage the preservation of significant historic civil engineering works and provide a documented archives for the use of engineering students, professional writers, researchers and historians. STAFF RECOMMENDATION: Staff recommends approval of the Resolution. ATTACHMENTS: 1. Resolution 2. Location Map 3. Aerial Map 4. Photo 5. Historic Civil Engineering Landmark Program Objectives U:\Pianning\CCagenda\HistoriclandmarkComm\Faust St Bridge\agenda sheet.docx Page 1 of 1

272 266 RESOLUTION NO. 2010R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS TO SUPPORT THE HISTORIC CIVIL ENGINEERING LANDMARK DESIGNATION OF THE FRAUST STREET BRIDGE. WHEREAS, THE City owns the Faust Street Bridge; and WHEREAS, THE City designated Faust Street Bridge as a Historic Local Landmark, March 21, 1999;and WHEREAS, THE Faust Street bridge was listed to the National Register of Historic Places under Criterion C, Engineering on March 17, 2009; and WHEREAS, THE Faust Street bridge is one of the earliest and largest wrought iron Whipple-Pratt truss bridge still existing in the state of Texas; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS: Supports the designation of the Faust Street Bridge as a Historic Civil Engineering Landmark. PASSED, ADOPTED AND APPROVED this the 22N day of November, CITY OF NEW BRAUNFELS, TEXAS BY: R. Bruce Boyer, Mayor ATTEST: Ann Smith, Interim City Secretary U:\Pianning\CCagenda\HistoriclandmarkComm\faust bridge_resolution_council.docx ATTACHMENT 1

273 Faust Street Bridge r- 1.0 C\J Parcels Major Streets Farm to Market State Highways US Highways =s Interstate Highways Street Centerlines Public Roads Proposed Public Roads Private Roads TocSymbol 0 Farm to Market State Highways Proposed State Highways US Highways """ Interstate Highways Access Roads Lakes/Ponds Streams CONS City Limits CONS City Limits (shaded CONS ETJ Counties N 1- z w ::2: :I: (. <( 1- ~ 0.1 1:3, MU~ Thts. map. IS a user generated stat1c. output from an Internet mappmg. site. and!notes I is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. 0""""" GoogmP""' G~pL~. ~ THIS MAP IS NOTTO BE USED FOR NAVIGA TlON : -~ 0

274 ,---~-~ ~ -'"'""'"-- - '---~-~--~ --- -~ ~ ~----- ;~. :~- ~,.--...,_-._ Faust Street Bridge -Aerial Map M! z w :=!: :I: 0 <( I I <( Major Streets Farm to Market State Highways US Highways..., Interstate Highways Street Centerlines co l.o C\J Public Roads Proposed Public Roads Private Roads TocSymbol 0 Farm to Market State Highways Proposed State Highways US Highways.., Interstate Highways Access Roads Lakes/Ponds Streams CONB City Limits CONB City Limits (shaded CONB ETJ Counties Imagery (2010 Red: Band_1 Green: Band_2 Blue: Band_3 1:2, Latitude Geographies Group Ltd I I 0.1 Miles This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION 1"- _I

275 269 Faust Street Bridge j ATTACHMENT 4