CITY OF NEW BRAUNFELS, TEXAS REGULAR CITY COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 424 S. CASTELL AVENUE. MONDAY, OCTOBER 11,2010 at 6:00P.M.

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1 ~_,City of ~-..New Braunfels CITY OF NEW BRAUNFELS, TEXAS REGULAR CITY COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 424 S. CASTELL AVENUE MONDAY, OCTOBER 11,2010 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. AGENDA CALL TO ORDER: CALL OF ROLL: OCTOBER 11,2010@ 6:00P.M. City Secretary PLEDGE OF ALLEGIANCE/SALUTE TO THE TEXAS FLAG INVOCATION: PROCLAMATION: PRESENTATION: Councilmember Mark Goodner New Braunfels Living Legends Pages 1-2 Teen Read Week Page 3 Alamo Regional Transit Proposed Bus Service (Alamo Area Council of Governments REQUEST ALL PAGERS AND PHONES BE TURNED OFF, EXCEPT EMERGENCY ON CALL PERSONNEL. 1. MINUTES Consider approving the minutes of the special meetings of September 16, 2010, September 20, 2010, and the regular meeting of September 27, (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.

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3 City Council Agenda October 11, 2010 Page 2 of 6 3. CONSENT AGENDA All items listed below are consid_ered 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 Approval of the renewal of litter and underwater litter pickup services from Pristine Texas Rivers, Inc. (M. Quinones, Purchasing Mgr. & N. Pence, Watershed Program Mgr. Pages Approval of the renewal of the annual contracts with Tru-Cut Landscape and Green Grass, Inc. for landscape services. (M. Quinones, Purchasing Mgr. Pages Approval of budget transfers and adjustments in the Self Insurance Fund and the Streets and Drainage Capital Improvement Fund for FY (D. Korinchock, Support Services Director Pages 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 of authorized purposes; authorizing matters incident and related thereto; and providing an effective date. (D. Korinchock, Support Services Director Pages Approval of the renewal of the maintenance agreement for network devices from Cisco and provided by Presidio under a State of Texas Department of Information Resources (DIR contract. (M. Quinones, Purchasing Mgr. & K. Ti/ley,IT Mgr. Page 33 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. (F (G Approval of the second and final reading of an ordinance amending Article Ill, Historic Landmark Preservation Ordinance, Section , Tax Relief, to extend the relief to properties located within locally designated historic districts and to waive building permit fees. (S. Mattingly, Planning and Community Development Director Pages Approval of the second and final reading of an ordinance rezoning Gruene Crossing Subdivision, Units 1-4, from "M-1" Light Industrial District, "C-1" Local Business District, and "C-1 B" General Business District to "R-1A-6.6" Single Family District. (S. Mattingly, Planning and Community Development Director Pages 45-62

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5 City Council Agenda October 11, 2010 Page 3 of6 (H (I (J Approval of the second and final reading of an ordinance granting a Special Use Permit to drill a private water well to be used for residential use at 1409 Mission Valley Road. (S. Mattingly, Planning and Community Development Director Pages Approval of the second and final reading of an ordinance rezoning 0.75 acres out of the J Thompson SUR-21, ABS-608, located at 5255 IH 35 South from "M- 1" Light Industrial District and "APD" Agricultural/Pre-Development to "M-1 A" Light Industrial District. (S. Mattingly, Planning and Community Development Director Pages Approval of the second and final reading of an ordinance rezoning 0.32 acres, located at the corner of Cloud Lane and SH 46 South, from "R-2" Single & Two Family District to "C-1 B" General Business District. (S. Mattingly, Planning and Community Development Director Pages (K Approval of the first reading of an ordinance amending Ordinance No dated April 28, 1975 to approve installation of the traffic control devices (stop signs on Avery Parkway at Dorman Drive. (J. Klein, City Engineer Pages (L Approval of the first reading of an ordinance amending Ordinance No dated April 28, 1975 to approve installation of the traffic control devices associated with the Walnut Street widening project (stop signs at the following locations: NW & SE corners of W. Coli Street at S. Sycamore Avenue SE corner of N. Sycamore Avenue at W. Bridge Street SW & NE corners ofw. Bridge Street at N. Sycamore Avenue SW & NE corners of W. Mill Street at N. Hickory Avenue ( J. Klein, City Engineer Pages (M Approval of the first reading of an ordinance amending the Code of Ordinances of the City of New Braunfels, Texas by modifying Section to establish a school speed zone on IH 35 Business and Loop 337 within the corporate limits of the City of New Braunfels. ( J. Klein, City Engineer Pages INDIVIDUAL ITEMS FOR CONSIDERATION (A (B Discuss and consider the appointment of two individuals to the Library Advisory Board for terms ending September 26, (A. Smith, Interim City Secretary Pages Discuss and consider the first reading of an Ordinance granting to Centerpoint Energy Resources Corp., DBA Centerpoint Energy Texas Gas Operations, the

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7 City Council Agenda October 11, 2010 Page 4 of6 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 (C (D (E (F (G (H Discuss and consider the second and final reading of an ordinance rezoning acres, consisting of Lots 3A, 3B and 3C Creekside 1101 Subdivision and Lots 1 and 2 BBL306 Subdivision, from "MU-B" High Intensity Mixed Use and "M- 1A(r71" Light Industrial with Restrictions to "POD" Planned Development District with Concept Plan. (S. Mattingly, Planning and Community Development Director Pages Discuss and consider approval of the purchase of services from Dean Word Company, LTD for construction and Terracon Consultants for material testing for Phase II of the 2010 Asphalt Overlay Program and authorization for the City Manager to execute the contract and change orders. (M. Quinones, Purchasing Mgr. & J. Klein, City Engr. Pages Discuss and consider approval of the purchase of engineering services from Halff Associates for repairs to Landa Park resulting from the June gth flood. (S. Laird-Dicke, Parks and Recreation Director Page 187 Discuss and consider approval of the first reading of an ordinance to amend Chapter 54 Fire Prevention and Protection; Emergency Medical Services, Article Ill Sec , Fire prevention and protection fees, of the New Braunfels Code of Ordinances. (P. O'Connell, Fire Marshal Pages Discuss and consider approval of the first reading of an ordinance to repeal Chapter 54 Fire Prevention and Protection; Emergency Medical Services, Article Ill Sec , International Fire Code; and amendments, in its entirety and adopting a new Sec International Fire Code; and amendments of the New Braunfels Code of Ordinances. (P. O'Connell, Fire Marshal Pages Public Hearing on Community Development Block Grant ("CDBG" Program Year 2011 One-Year Action Plan. (S. Mattingly, Planning and Community Development Director Page (I Public Hearing and consider 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. (S. Mattingly, Planning and Community Development Director Pages

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9 City Council Agenda October 11, 2010 Page 5 of6 (J Public Hearing and consider first reading of an ordinance amending Section 5.16, Short Term Rental or Occupancy in one and two unit dwellings, Chapter 144, Zoning Ordinance. (S. Mattingly, Planning and Community Development Director Pages (K Public hearing and consider 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 with Restrictions to "Enclave at Westpointe Village Planned Development District" with Concept Plan. (S. Mattingly, Planning and Community Development Director Pages (L (M Discuss and consider approval of a conditional sign permit for 401 W. Coli Street, The Sophienburg Museum and Archive. (S. Mattingly, Planning and Community Development Director Pages Discuss and consider the first reading of an ordinance granting a tax relief to the owner of the designated landmark located at 148 Ferguson Avenue, known as the Beinhauer-Forres House. (S. Mattingly, Planning and Community Development Director Pages (N Discuss and consider the first reading of an ordinance amending Chapter 14 "Building and Building Regulations", Article IV. "Plumbing Code," by amending Section "Regulation and Insurance, Quality of Work". (S. Mattingly, Planning and Community Development Director Pages (0 Discuss and consider approval of the first reading of an ordinance to amend the 2006 International Plumbing Code, Section Drinking Fountains. (S. Mattingly, Planning and Community Development Director Page (P Discuss and consider approval of the first reading of an ordinance to amend Chapter 14, Building and Building Regulations, Article II, Sec (u Table of the New Braunfels Code of Ordinances. (S. Mattingly, Planning and Community Development Director Page EXECUTIVE SESSIONS In accordance with Texas Government Code, Subchapter D, the City Council may convene in a closed session to discuss any of the following items; any final action or vote taken will be in public. (A Deliberate and consider the purchase, exchange, lease or value of real property, in accordance with Section , of the Texas Government Code. (A. Wayland, City Attorney Page 283

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11 City Council Agenda October 11, 2010 Page 6 of 6 (B (C Deliberate issues regarding economic development negotiations in accordance with Section , of the Texas Government Code. (A. Wayland, City Attorney Page 283 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 283 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 Mu ding on September 30, 2010 at 4:00p.m. ~fu.~m~

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13 ~itp of Jlew 1iraunfels 1 Proclamation THE STATE OF TEXAS COUNTY OF COMAL CITY OF NEW BRAUNFELS WHEREAS, Janelle Berger, Milton Kaderli, and Bobbie Purdom have been named Living Legends of New Braunfels by the Braunfels Foundation Trust; and WHEREAS, Janelle Berger, received her degree in Elementary Education from UT and taught in Texas and Germany, she organized the Comal County Student Association and contacted the Carnal County Texas Exes Association to start a scholarship for graduating high school seniors. As a mother she volunteered with the Dolphins Swim Team, NBHS Band Boosters and NBHS sports boosters. She was involved with the beginning of the Comal County Republican Women's club, the New Braunfels Art League, NBISD School Board and was the first female board president, also served on the committee to raise funds to preserve the NBISD administration building. She was the first woman in New Braunfels to serve on a bank board of directors. She was involved with the Heritage Exhibit, Weihnachtsmarkt, the Conservation Society, the Heritage Society, the Sophienburg Museum and Archives and the founding of the Hummel Museum. She is an active member of First Protestant Church and has served on many -committees_shejs--amember otthe_new~braunfels_cbamb_e.-_olc_qmme..r.ce and hatl~o. a Blue Coat since 1972 and has served on numerous committees. She and her husband, Chuck, have hosted over 12 foreign exchange students through Rotary International's Foreign Exchange Program. She has been honored to receive many awards; among them are the Chamber of Commerce Besserung Award, the Chairman of the Board Award for Promotion of Community Heritage and the Hall of Honors Award. She has received the Silver Unicorn Award from NBISD and the Distinguished Alumna Award from NBHS Education Foundation. She and her husband, Dr. Charles Berger formed the Charles E. and Janelle W. Berger Foundation that gives ten scholarships to students to be used for creative arts studies; and WHEREAS, Milton Kaderli, a descendant of one of the Founders of New Braunfels, Johan Kaderli; he was very active in the Industrial Arts Club in high school and graduated as salutatorian in In 1942 he married his high school sweetheart, Mary Louise Buske and he also enlisted in the Army Air Corps. For his service during World War II he received the American Theater Campaign Medal, EAME Campaign Medal with five Bronze Stars representing Normandy, Northern France, Ardrennes, Rhineland and Central Europe, a Good Conduct Medal, WWII Victory Medal, a Marksman Medal for Rifle and Pistol, and from France, the Croix de Guerre Avec Etoile de Bronze. Upon his return from war he resumed his job as an insurance agent and became a member of the Junior Chamber of Commerce. He was President of the Jaycees and brought the Miss Texas pageant to New Braunfels. He was awarded the Outstanding Young Man of the Year by the Junior Chamber of Commerce and received a Life Membership. He was an active member of the Chamber of Commerce, he was President, and supported many projects that still have an impact today. He has been a Blue Coat and received the Hall of Honor Award. He is a Life member of the Lions Club and has served as president for the Noon Lions Club and District Cabinet Secretaryffreasurer. He joined Wurstfest, was president, chosen as Grosse Opa and elevated to status of Opa Emeritus. He has worked and entertained at Wurstfest playing his button-box accordion. He has served as

14 I J I I 2 President on the board of the Sophienburg Museum and Archives and also treasurer. He is a member of Masonic Lodge #1109, Walton F. Hoffmann American Legion Post 179, Elks Lodge, the Fraternal Order of Eagles, Conservation Society, Heritage Society, Solms Bowling Club, First Protestant Church, Guadalupe Valley Shooting Club, Germania Farmers Verein, In 1991, the New Braunfels heritage Society's Heritage Exhibit "Remembering Our WWII Veterans" was dedicated to him and his wife, Mary; and WHEREAS, Bobby Purdom, a native of New Braunfels, she served as President of the Comal County Republican party and taught Sunday school at St. John's Episcopal Church for several years. She, and her husband, Tom Purdom, helped sponsor a successful drive to send a shoe box of goodies to the troops in Vietnam for Christmas. She became involved with the 1st Heritage Exhibit and served as chair. She is a life member of the Sophienburg Museum and helped with the renovations of the Museum while working on the cookbook, "Guten Appetit". She helped with the Reflections program and is a member of the Chamber of Commerce, she is a Blue Coat, she received the Chair of the Board Award and inducted to the Hall of Honor. She has chaired the Chambers Historic Committee for the 1995 Sesquicentennial Celebration. She was responsible for the handmade quilt exchange with Braunfels, Germany. She oversaw the restoration and cleaning of the statues on the plaza and in Landa Park. She received the Besserung award. She is a charter member and Docent of the Heritage Society and served as President. She has served as chairman of many of the organization's committees and was instrumental in the founding of their Folk Fest event She is a member of the New Braunfels Historic Museums Association as a representative of the Heritage Society. The Heritage Trail Ride Association made her an honorary member in appreciation for all her support and promotion. She has served on the City of New Braunfels Historic Land Mark CommisSion. She is a member of First Protestant Church and served on their needs assessment and hospitality committees and currently serves on the Comal County Historical Commission. WHEREAS, the Braunfels Foundation Trust will be honoring these Living Legends at their festive event at the New Braunfels Civic Center on October 12th, NOW, THEREFORE~ I, R. BRUCE BOYER, by virtue of the authority vested in me as Mayor of the City of New Braunfels, do hereby proclaim October 12th, 2010, as "LIVING LEGENDS OF NEW BRAUNFELS" in the City of New Braunfels and urge all citizens to join the Braunfels Foundation Trust in honoring New Braunfels' living Legends. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of New Braunfels to be affixed this the 11th day of October, CITY OF NEW BRAUNFELS BY: ~~~~~~~~---- R. BRUCE BOYER, Mayor

15 3 ~itp of J!ew 1iraunftls Proclan1ation THE STATE OF TEXAS COUNTY OF COMAL CITY OF NEW BRAUNFELS WHEREAS, the ability to read and understand infonnation is a basic survival skill in our global infonnation society; and WHEREAS, the 2008 Comal County Needs Assessment found that, due to spending significant time unsupervised after school, 75% of Comal County teens are at a higher risk of substance abuse, dropping out, or being perpetrators or victims of juvenile crime; and WHEREAS, the Search Institute has found that reading for fun is a developmental asset that protects teens from negative outcomes and helps them lead successful lives; and WHEREAS, teens who read for fun have higher scores on both reading and writing tests than teens who don't; and - --WHEREAS, theteensof NeYiBraunfelstlave demonstratec:ftlieircommitmenttoreadingby checking out record numbers of library books in NOW, THEREFORE, I, R. BRUCE BOYER, Mayor of the City of New Braunfels, Texas, do hereby proclaim October 17-23, 2010 as "TEEN READ WEEK" In New Braunfels, Texas and congratulate New Braunfels teens on reading for the fun of it. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of New Braunfels to be hereunto affixed this the 11 1 h day of October, CITY OF NEW BRAUNFELS, TEXAS BY: R. BRUCE BOYER, Mayor

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17 5 MINUTES SPECIAL CITY COUNCIL MEETING SEPTEMBER 16, 2010 The City Council of the City of New Braunfels, Texas, met in Special Session on September 16, City Councilmembers present were: Mayor Bruce Boyer, presiding; Mayor Pro-tem Kathleen Krueger, and Councilmembers Richard Zapata, Mike Ybarra, Sandy Nolte, and Steven Digges. City Staff present were: City Manager Michael E. Morrison, Assistant City Manager Robert Camarena, City Attorney Alan C. Wayland, Interim City Secretary Ann Smith, Human Resources Director Julie O'Connell, Parks and Recreation Marketing Manager Sheri Reinhold, Interim Police Chief Bobby Whitmire, and Planning and Community Development Director Shannon Mattingly. The meeting was called to order by Mayor Boyer in the New Braunfels Municipal Building Council Chambers at 3:03 p.m. Councilmember Goodner was absent. Presentation on the Arts/Cultural and Heritage Program. Judy Young, of The Greater New Braunfels Convention and Tourism Bureau, gave a presentation on the new program dedicated to the cultural heritage of New Braunfels. The Cultural Heritage project is expected to bring in more than $2.5 million annually in taxable sales and generate $72,000 yearly in hotel occupancy taxes. The --$70~-oOO---pro-gram-sh-owcases many points of historical interests in -New Braunfels and will feature walking tours, new brochures, and access historical spots via a smart phone. Consider the second and final reading of an ordinance of the City of New Braunfels, Texas adopting the FY Operating Budget and Work Plan. \ City Manager Michael Morrison presented a revised attachment 1 to the proposed FY operating budget showing the separation of the City Attorney's Office from the City Manager's Office expenditures. The attachment 1 included an increase in Hotel/Motel Tax Fund of $25,000 generated by the Cultural Heritage project and deceased the General Fund contribution by the same amount. Mr. Morrison stated that the City would use $35,000 in budgeted undesignated funds, which were already included in the proposed budget, to assist in funding the proposed arts/cultural heritage program. The total proposed FY Operating Budget is $122 million. Councilmember Digges moved to adopt, by ordinance, the Fiscal Year Operating Budget and Work Plan. Councilmember Zapata seconded the motion. Roll Call: AYE Councilmembers Zapata, Ybarra, Nolte, Digges, Mayor Pro Tern Krueger and Mayor Boyer. NAYS: None September 16, 2010 New Braunfels Special City Council Meeting 1

18 6 Consider the second and final reading of an ordinance of the City of New Braunfels, Texas adopting the 2010 ad valorem tax rates. Council member Digges moved to adopt the 2010 proposed tax ordinance with a tax rate for the current tax year of $ per $100 valuation of which $.1485 is for debt service and$ is for maintenance and operation expenditures. Mayor Pro Tern Krueger seconded the motion. Roll Call: AYE: Councilmembers Zapata, Ybarra, Nolte, Digges, Mayor Pro Tern Krueger and Mayor Boyer. NAYS: None Adjournment: This Special meeting adjourned at 3:28 p.m. Date Approved: October 11, By: R. BRUCE BOYER, MAYOR Attest: ANN SMITH, INTERIM CITY SECRETARY September 16, 2010 New Braunfels Special City Council Meeting 2

19 7 MINUTES SPECIAL CITY COUNCIL MEETING SEPTEMBER 20, 2010 The City Council of the City of New Braunfels, Texas, met in Special Session on September 20, City Councilmembers present were: Mayor Bruce Boyer, presiding; Mayor Pro-tem Kathleen Krueger, and Councilmembers Mark Goodner, 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, Public Works Director Steven Ramsey, Planning and Community Development Director Shannon Mattingly, and Planning Manager Stacy Snell. The meeting was called to order by Mayor Boyer in the New Braunfels Municipal Building Council Chambers at 4:05 p.m. Councilmember Richard Zapata was absent and Councilmember Mike Ybarra recused himself from attendance. Deliberate issues regarding economic development negotiations in accordance with Section , of the Texas Government Code. Deliberate pending/contemplated litigation, settlement offer(s, and matters concerning privileged and unprivileged client information deemed confidential by Rule 1.05 of the Texas Disciplinary Rules of Professional Conduct in accordance --witnsection55l:-071-;-of-tnetexa-s-governm-ent-co-de: Mayor Boyer read the above and foregoing captions at 4:05p.m. and noted that City Council would retire into executive session to discuss matters related to the above noted captions. City Council reconvened into public/open session at 5:30 p.m., with no action being taken. Adjournment: This Special meeting adjourned at 5:30 p.m. Date Approved: October 11, 2010 Attest: By: R.BRUCEBOYER,MAYOR ANN SMITH INTERIM CITY SECRETARY September 20, 2010 New Braunfels Special City Council Meeting 1

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21 9 MINUTES REGULAR CITY COUNCIL MEETING SEPTEMBER 27, 2010 The City CounCil of the City of New Braunfels, Texas, met in Regular Session on September 27, City Councilmembers present were: Mayor Bruce Boyer, presiding; Mayor Pro Tern Kathleen Krueger, and Councilmembers Richard Zapata, Mark Goodner, Steven Digges, Sandy Nolte, and Mike Ybarra. City Staff present was: City Manager Michael E. Morrison, Assistant City Manager Robert Camarena, City Attorney Alan C. Wayland, Interim City Secretary Ann Smith, Planning and Community Development Director Shannon Mattingly, Airport Director Lenny Llerena, Parks and Recreation Director Stacey Laird Dicke, 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 6:05 p.m. Mayor Boyer led the Pledge of Allegiance and the Salute to the Texas Flag and Councilmember Zapata gave the invocation. Proclamation Mayor Boyer read and presented proclamations to JoMarie Montague for Domestic Violence Awareness Month and to members of the Gruene Music Fest Committee and representatives from the United Way Board of Directors for Gruene Music and Wine Fest Weekend. -- -pre-s-enta1ton~ ---Mary Alice-Smallbone, Teen eourt Coordinator gave a slide show presentation on the activities, statistics, and progress of the New Braunfels Teen Court Program. Minutes Consider approving the minutes of the Special Meetings of August 30, 2010, and the Regular Meeting of September 13, Councilmember Digges moved to approve the minutes as written. Councilmember Nolte seconded the motion which was unanimously approved by City Council. Citizens' Communications Ramon Chapa, Jr. invited everyone to attend the Community Resource and Health Fair and National Night Out Kick Off sponsored by Holy Family Church, New Braunfels Police and Fire Departments, NB Breakfast Lions, the United States Army and Baptist Mobile Health Unit to be held on Saturday, October 2, 2010 from 9:00 a.m. - 12:00 p.m. at the Holy Family Hall. September 27, 2010 New Braunfels Regular City Council Meeting

22 10 Consent Agenda Mayor Boyer read Consent Agenda items (A-G as listed below. Mayor Pro Tern Krueger requested that Item #3A be pulled for discussion. Councilmember Digges moved to approve the Consent Agenda Items 3B-3G. Mayor Pro Tern Krueger seconded the motion which was unanimously approved by Council. (B (C (D (E (A Approval of the renewal of the annual contract with the Humane Society of New Braunfels Area, Inc. for animal control services. Approval of the renewal of the annual contract with Elite Calibre Services for downtown parking zone enforcement. Authorization for the City Manager to enter into a contract renewal with Texas Municipal League (TML for property, liability, and worker's compensation insurance coverage, effective October 1, Approval of a resolution authorizing the City Manager to enter into an agreement with the State of Texas, represented by the Texas Department of Transportation, to accept funding available under the Texas Traffic Program's Selective Traffic Enforcement Program (STEP. Approval of the purchase of services from Langford Community Management Services to provide administrative and grant management for City programs and authorization for the City Manager to execute contract Mayor Pro Tern -Kruege-r. rric::rved to approve the purchase of ser\fices from Langford Community Management Services and to authorize the City Manager to execute the contract. Councilmember Digges seconded the motion. Vote was unanimous. 4. INDIVIDUAL ITEMS FOR CONSIDERATION (A Public hearing and consider the first reading of an ordinance granting a Special Use Permit for Lot 3, part of Block 1, Moeller Addition, located at 191 W Klein Road, to allow auctions and flea markets in an "APD" Agricultural/Pre-Development District and "C-3" Commercial District. City Council did not address this item as it was withdrawn by the applicant prior to the Council meeting. (B Discuss and consider a Resolution of the City of New Braunfels extending the moratorium on Short Term Rental Special Use Permits and Registration of Non-conforming Uses. September 27, 2010 New Braunfels Regular City Council Meeting 2

23 11 John Seidel, Gruene Crossing, questioned the sequence and timeframe of the neighborhood meetings to inform property owners of the changes to be imposed by zoning changes to eliminate the short term rental special use. Jody Cedillo, 590 Cross River Street, opposed the moratorium and changing of zoning to prohibit the use. Councilmember Digges moved to approve the resolution extending the moratorium for an additional 180 days from the expiration. Mayor Pro Tern Krueger seconded the motion. Vote was unanimous. (C Discuss and consider the appointment of two individuals to the Municipal Airport Advisory Board for unexpired terms ending May 12, 2011 and May 12, Mayor Boyer read the above and foregoing caption and noted that four applications had met the requirements for serving on the Municipal Airport Advisory Board. The following table denotes the tally from the vote: Joseph C. Conroy Vladimir Pospisil Raymond G. Gene P. Richard Sanders Councilmember Zapata X X Councilmember Goodner X X Councilmember Ybarra X X Councilmember Nolte X X.. Mayor Pro-tem Krueger X x Councilmember Digges X X Mayor Boyer X X TOTALS Following the vote, Mayor Boyer announced that Mr. Pospisil was appointed to fill the unexpired term ending May 12, 2012 and Mr. Sanders was appointed to fill the unexpired term ending May 12, (D Discuss and consider the appointment of one individual to the Parks and Recreation Advisory Board for an unexpired term ending October 13, Mayor Boyer read the above and foregoing caption and noted that six applicants had met the requirements for serving on the Parks and Recreation Advisory Board. The following table denotes the tally from the vote: September 27, 2010 New Braunfels Regular City Council Meeting 3

24 12 Amber Courtney Lyons- Buddy Watson Christa Lovett Yvonne Bays David Briggs Garcia Payson Council member X Zapata Council member X Goodner Councilmember X Ybarra Councilmember X Nolte Mayor Pro Tern X Krueger Councilmember X Digges Mayor Boyer X Totals 2 5 Following the vote, Mayor Boyer announced that Yvonne Bays was appointed to fill the unexpired term ending October 13, (E Discuss and consider appointing three individuals to the Community Development Advisory Committee, one for an unexpired term ending December 13, 2012, and two for unexpired terms ending December 13, Ma-yor-Boyerrea_d_ fne aoove -an-d foregoing caption ana notea--tnattnree applicants had met the requirements for serving on the Community Development Advisory Committee. The following table denotes the tally from the vote: Amber Briggs Kandace Tornquist Audrea Gibson Councilmember Zapata X Councilmember Goodner X Councilmember Ybarra X Councilmember Nolte X Mayor Pro-tem Krueger X Councilmember Digges X Mayor Boyer X Totals 6 1 Following the first round of voting, Amber Briggs was appointed to fill the unexpired term ending December 13, Councilmember Goodner moved to appoint Kandace Tornquist and Audrea Gibson to fill the two vacancies for unexpired terms September 27, 2010 New Braunfels Regular City Council Meeting 4

25 13 ending December 13, Councilmember Digges seconded the motion. Vote was unanimous. (F Presentation and Public Hearing on the 2010 Parks, Recreation, and Open Space Strategic Plan, and the Hike/Bike Plan. Stacey Laird Dicke, Parks and Recreation Director, introduced Kyle Estes who serves on both the Steering Committee and Parks Advisory Board. Mr. Estes stated that the Parks and Recreation Advisory Board approved the Strategic Plan and Hike/Bike Plan on May 4, Mr. Estes introduced James Carillo, consultant with Halff Associates. Mr. Carillo presented the proposed 2010 Parks, Recreation, and Open Space Strategic Plan and Hike/Bike Plan. He showed slides depicting current parks and future development along with the projected capital improvement cost for each. Growth projections show that the City would need to double its current parkland by the year Maria Liebscher and Marie Offerman, descendents of families who donated to the creation of Prince Solms Park and other historical monuments in New Braunfels spoke in support of keeping open green space in the parks. The recommendations were: Development of Fischer Park Renovation of Landa Park, Prince Solms Park and other existing smaller parks Renovation of the spring-fed pool, the golf course and the Comal River Tube Chute ~ -GenstFuetien ef-a sperts Gemplex Expand hike and bike trails Added public access to the rivers Construction of an indoor public recreation center After comments by the City Council, the public hearing was closed. (G Discuss and consider authorizing the City Manager to enter into a contract with Freese and Nichols, Inc. for professional engineering services to address damages to the Landa Lake Dam associated with recent flooding. Steve Ramsey, Public Works Director, explained that after the June 9, 2010 flood staff had observed water leaking from the walls and pool bottom which appears to be coming from the Landa Lake Dam. The City Staff recommended authorizing the City Manager to enter into a contract with Freese and Nichols, Inc. for a cost of $26,884 to prepare bid documents and provide construction phase services for a solution. Councilmember Digges moved to authorize the City Manager to enter into the proposed contract. Mayor Pro Tern Krueger seconded the motion. Vote was unanimous. September 27, 2010 New Braunfels Regular City Council Meeting 5

26 14 (H Presentation and possible action regarding an Airport Hazards Plan. Shannon Mattingly, Planning and Community Development Director, gave the history of the Airport Hazard Zoning adopted in September, Texas Department of Transportation (TxDOT Aviation Division has requested that the City revise its current Airport Hazard Zoning and enact a Land Use Compatibility Zoning. Staff recommended that The Planning Commission be appointed to serve as the Airport Zoning Commission and task to develop the zoning overlay. Councilmember Ybarra moved to appoint The Planning Commission to also serve as the Airport Hazard Zoning Commission. Councilmember Digges seconded the motion. Vote was unanimous. (I Public hearing and consideration of a resolution amending the 2005 Thoroughfare Plan by realigning Zipp Road, Walnut Extension and changing the name of West. Zipp Road where it aligns with Pahmeyer Road in the Comprehensive Plan. Shannon Mattingly, Planning and Community Development Director, presented the resolution amending the 2005 Thoroughfare Plan by realigning Zipp Road, Walnut Extension and changing the name of West Zipp Road to Pahmeyer Road. The street name change should assist in avoiding confusion. The Planning Commission, along with City Staff, recommended the amendments. Councilmember Digges moved to close the public hearing. Councilmember Nolte seconded the motion. Vote was unanimous. Councilmember Digges moved to approve the amendments to the 2005 Thoroughfare Plan. Councilmember Zapata seconded the motion. Vote was unanimous. (J Public hearing and consideration of the first reading of an ordinance rezoning Gruene Crossing Subdivision, Units 1-4, from "M-1" Light Industrial District, "C-1" Local Business District, and "C-1 B" General Business District to "R-1 A- 6. 6" Single Family District. The rezoning of Gruene Crossing Subdivision Units 1-4, is a result of the review of Short-Term Rental in the Zoning Ordinance. The Planning Department held neighborhood meetings to explain the purpose of residential zoning and rezoning to an appropriate district. The Planning Commission held a public hearing and recommended approval of the rezoning. Councilmember Digges moved to close the public hearing. Zapata seconded the motion. Vote was unanimous. Councilmember Digges moved to approve the first reading. Goodner seconded the motion. Vote was unanimous. Councilmember Councilmember September 27, 2010 New Braunfels Regular City Council Meeting 6

27 15 (K Public hearing and consideration of the first reading of an ordinance granting a Special Use Permit to drill a private water well to be used for residential use at 1409 Mission Valley Road. Carolyn Winkler, property owner of 1409 Mission Valley Road, requested a Special Use Permit to drill a private water well on her property. The Planning Commission held a public hearing and unanimously recommended approval of the request based on the fact that no utility easements are within the subdivision behind the subject property to allow for connection of the water main line. Councilmember Digges moved to close the public hearing. Goodner seconded the motion. Vote was unanimous. Councilmember Councilmember Digges moved to approve the first reading. Councilmember Goodner seconded the motion. Vote was unanimous. (L Public hearing and consideration of the first reading of an ordinance rezoning acres out of the J Thompson SUR-21, ABS-608, located at 5255 IH 35 South from "M-1 Light Industrial District" and "APD Agricultural/Pre Development" to "M-1A Light Industrial District." The Planning Commission held a public hearing and unanimously recommended the zoning change. City Staff recommended approval on that change would provide one zoning for the property, it would be compatible with surrounding land use and would comply with the goals stated in the Comprehensive Plan. C~o_u_ncilmemb.eL Digges ffiq.y?slto ciqse _th_~ _ Pllblic hearjqg_._ Council member Zapata seconded the motion. Vote was unanimous. Councilmember Digges moved to approve the first reading. Mayor Pro Tern Krueger seconded the motion. Vote was unanimous. (M Public hearing and consideration of the first reading of an ordinance rezoning 0.32 acres, located at the comer of Cloud Lane and SH 46 South, from "C-1" Local Business District" and "R-2" Single & Two-Family District to "C-18" General Business District. Shannon Mattingly, Planning and Community Development Director, presented the rezoning requested by HN Seidel46, Ltd. A public hearing was held, with no opposition. City Staff recommended approval based on the rezoning would be consistent with the existing zoning of the majority of the parcels adjacent to SH 46. Councilmember Digges moved to close the public hearing. Councilmember Nolte seconded the motion. Vote was unanimous. September 27, 2010 New Braunfels Regular City Council Meeting 7

28 16 Councilmember Digges moved to approve the first reading. Councilmember Nolte seconded the motion. Vote was unanimous. (N Discuss and consider approval of a conditional sign permit for 148 S. Castell Avenue. Councilmember Ybarra recused himself from any discussion or consideration on this item. Councilmember Digges moved to approve the conditional sign permit for 148 S. Castell Avenue. Mayor Pro Tern Krueger seconded the motion. Voting "aye": Councilmembers Digges, Zapata, Nolte, Goodner, Mayor Pro Tern Krueger and Mayor Boyer. Vote carried 6-0. (0 Public hearing and consideration of the first reading of an ordinance rezoning acres, consisting of Lots 3A, 38 and 3C Creekside 1101 Subdivision and Lots 1 and 2 BBL 306 Subdivision, from "MU-B" High Intensity Mixed Use and "M-1A(r71" Light Industrial with Restrictions to "POD" Planned Development District with Concept Plan. Shannon Mattingly, Planning and Community Development Director, presented the rezoning request on acres, consisting of Lots 3A, 3B, and 3C Creekside 1101 Subdivision and Lots 1 and 2 BBL 306 Subdivision to change to Planned Development District with Concept Plan. The Concept Plan presents an integrated mixed-use development, with most lot fronts on private streets and access easements rather than public streets. The design also includes a "wet pond" within the detention pond area with construction of private water well and windmill councilmemoersvoiceu-cnncerns over-closingtwo current water wells and-construct a new one on the site. Council directed staff to look at amending our ordinances and other similar standards on regulating wet ponds on private property to discover the best practice. Councilmember Digges moved to close the public hearing. Councilmember Nolte seconded the motion. Vote was unanimous. Councilmember Zapata moved to approve the first reading of the ordinance, amending the Concept Plan to exclude the private well and windmill. Mayor Pro Tern Krueger seconded the motion. Vote carried 4-3, with Councilmembers Goodner, Digges, and Mayor Boyer casting the descending votes. EXECUTIVE SESSIONS Mayor Boyer read the captions for Items A through C and announced that Council would convene in executive session at 9:12p.m. (A Deliberate and consider the purchase, exchange, lease or value of real property, in accordance with Section of the Texas Government Code. September 27, 2010 New Braunfels Regular City Council Meeting 8

29 17 (B Deliberate issues regarding economic development negotiations in accordance with Section , of the Texas Government Code. (C Deliberate pending/contemplated litigation, settlement offer(s, and matters concerning privileged and unprivileged client information deemed confidential by Rule 1.05 of the Texas Disciplinary Rules of Professional Conduct in accordance with Section , of the Texas Government Code. The City Council reconvened in open session at 9:45 p.m. Mayor Boyer announced that no action would be taken on the items discussed in executive session. Adjournment: This regular meeting adjourned at 9:45 p.m. Date Approved: October 11, 2010 By: R. BRUCE BOYER, MAYOR Attest: ANN SMITH, INTERIM CITY SECRETARY September 27, 2010 New Braunfels Regular City Council Meeting 9

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31 19 ~,Cityof ~-.New Braunfels City Council Agenda Item Report October 11, 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: FISCAL IMPACT: N/A I City Plan/Council Priority: BOARD/COMMISSION RECOMMENDATION: -- NJA STAFF RECOMMENDATION: N/A

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33 ,...,City of ~~New Braunfels - 21 City Council Agenda Item Report October 11, Agenda Item No. 3A Presenter/Contact- Nathan Pence/Mary Quinones, Purchasing Manager ( mquinones@nbtexas.org SUBJEcT: Approval of the renewal of litter and underwater litter pickup services from Pristine Texas Rivers, Inc. BACKGROUND/RATIONALE: On March 10, 2008, Council approved the purchase of litter pickup services in and around the Comal River and Landa Lake from Pristine Texas Rivers, Inc. These contracts were for a oneyear period with four one-year options. The service provided by this company for the cleanup services has been satisfactory. Therefore, at this time, staff recommends exercising the options to renew the service agreements with Pristine Texas Rivers, Inc. for one additional year. Also, staff recommends exercising the option to renew the underwater pickup services. The litter pickup services includes litter receptacles, trash boats, personnel, facilities, services, materials, equipment and supervision to furnish seasonal commercial type garbage collection on the Comal and Guadalupe Rivers and specified adjacent property. This also includes removal of all man-made floating debris and unattached tree limbs on the surface of the water and debris lying on the ground at least three feet up on the banks of the rivers. The contractor may not trespass on private property. The contractor also attempts to remove debris below the surface of the water up to 3 feet in depth. ~----~~--~-- ~~~--~--~ -~~ ~-----~~~-~~--- The underwater litter pickup service includes the same pickup service as above however this is from the surface of the water to the bottom of the river, regardless of depth or vegetative cover. This service is for the Comal River and Landa Lake. The litter pickup services above water cost $101,000 annually and the SCUBA services are $51,000 annually. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: N/A X Yes City Plan/Council Priority: Strategic Priorities: Continue an ongoing program of infrastructure construction and maintenance. J FISCAL IMPACT: This service is included in the FY Adopted Budget for the Solid Waste Fund. The total annual cost of both services is $152,000; the budget includes sufficient funds in the refuse disposal line item of the Solid Waste Fund budget to fully cover these expenditures. Page 1 of2

34 22 BOARD/COMMISSION RECOMMENDATION: N/A STAFF RECOMMENDATION: Approve the renewal of litter and underwater pickup services from Pristine Texas Rivers, Inc. r... Page 2 of2

35 f... ]Cityof ~-.,New Braunfels - 23 City Council Agenda Item Report October 11, Agenda Item No. 3 8 Presenter/Contact- Mary Quinones, ~urchasing Manager ( mquinones@nbtexas.org susjecr: Approval of the renewal of the annual contracts with Tru-Cut Landscape and Green Grass, Inc. for landscape services. BACKGROUND/RATIONALE: On September 1, 2007, the City of New Braunfels entered into contracts with Tru-Cut Landscape and Green Grass, Inc. for landscape services. These services include mowing, trimming, weed abatement, fertilization, litter removal and annual color planting within designated areas of the City. Green Grass, Inc. is responsible for mowing 44 flood lots, mowing median and sidewalk easements along the Walnut Avenue extension, 16 city parks, Business 35 Plazas, Common Street right-of-way and County Line Road medians for a total annual price of approximately $175,000. Tru-Cut Landscape is responsible for mowing and landscaping services at the Civic Center, Library, Police Department, six fire stations, Orion Lane, Alves Lane, Walnut Avenue extension, Water Lane properties and City Hall for a total annual price of approximately $115, ~ ~--~ ~------~--- ~---- -~-----~- --~- ~~~-~ ~ These contracts were initially for one year but were renewed for the first one year option and so are effective through August 31, These contracts have an option to renew, in one year increments, for a combined total of five years. Tru-Cut Landscape and Green Grass, Inc. have both opted to renew. The pricing remains the same as the current contract. The Parks and Recreation Department is the lead administrator for this contract and has received satisfactory service from both Tru-Cut and Green Grass, Inc. and requests extension of these contracts. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: I City Plan/Council Priority: FISCAL IMPACT: The estimated cost of these services for FY is $290,000. The services are included in the Public Works', Parks' and Library's FY Adopted Budget. Sufficient funds are, therefore, available to award this contract renewal. Page 1 of2

36 24 BOARD/COMMISSION RECOMMENDATION: N/A STAFF RECOMMENDATION: Approval of the renewal of the annual contracts with Tru-Cut Landscape and Green Grass Inc. for landscape services. Page 2 of2

37 25 City Council Agenda Item Report October 11, 2010 Agenda Item No.3 C Presenter/Contact- Deborah Korinchock, Support Services Director ( dkorinchock@nbtexas.org SuBJECT: Approval of budget transfers and adjustments in the Self Insurance Fund and the Streets and Drainage Capital Improvement Fund for FY BACKGROUND/RATIONALE: As discussed in the FY budget workshops, medical claims in the City's Self Insurance Fund have been much higher than the budgeted amount in FY Fortunately, the revenue in the fund has also been somewhat higher. The budget adjustment shown below increases the budgeted expenditures for claims and administrative costs as well as the revenue estimate for FY The higher revenue will help offset the increased expenses. However, some additional fund balance- $243,700- will also be drawn down to cover all the expected costs. Total claims and administrative costs, including the wellness program, are now expected to reach $5,127,000 for FY This is slightly below the amount included in the FY Budget for the FY estimate. This, means that the beginning balance for the fund for the new budget year will be very close to the amount expected. All the projects funded in the Streets and Drainage Capital Improvement Fund have been completed and almost all the funds have been expended. A remaining balance of $12,383 will be transferrecrtottle2007 -certificates ot0bligat1on Capitan-mprovement-Fond-s-crthatit-can-be-use-d - - for other capital improvement projects. Self Insurance Fund Premium (revenue- increase From: Operations Expense To: Employee Expense Streets and Drainage Capita/Improvement Fund Interest Income (amount of increase From: Katy Street Drainage (completed project To: lnterfund Transfer Appropriation $462,400 ($60,000 $766,100 $1 '199 $11 '184 $12,383 ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: X N/A Yes j City Plan/Council Priority: I Strategic Priorities: Maintain fiscal stability of City operations Page 1 of2

38 26 FISCAL IMPACT: These budget amendments allow the closure of the Streets and Drainage Capital Improvement Fund, allowing the use of the small amount of remaining funds. In addition, the Self Insurance Fund amendments will allow the fund to pay all remaining costs for the fiscal year. ~ BOARD/COMMISSION RECOMMENDATION: N/A STAFF RECOMMENDATION: Approval of budget transfers and adjustments in the Self Insurance Fund and the Streets and Drainage Fund for FY Page 2 of2

39 f', City of ~-.. New Braunfels " :;; City Council Agenda Item Report October 11, Agenda Item No. 3J Presenter/Contact- Deborah Korinchock, Support Services Director ( dkorinchock@nbtexas.org SUBJECT: 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: Attached for Council consideration is a reimbursement resolution prepared by the City's bond counsel, Fulbright and Jaworski, L.L.P. This resolution will allow the City to pay for costs associated with the purchase of the Landa Plaza property prior to the issuance of debt that will ultimately fund this acquisition. Costs include the actual purchase price as well as some other fees and services associated with the purchase. 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 $2 million. Council approved the purchase of the property on March 8, 2010 pending receipt of TCEQ's innocent owner's certificate and "no further action" letter. Both have been received. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY". - -N7A ~ X Yes I City Plan/Council Priority: I Strategic Priorities: Maintain fiscal stability of City operations FISCAL IMPACT: This reimbursement resolution is for an amount not to exceed $2 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 Page 1 of 1

40 28 RESOLUTION NO. A RESOLUTION RELATING TO ESTABLISHING THE CITY'S INTENTION TO REIMBURSE ITSELF FOR THE PRIOR LAWFUL EXPENDITURE OF FUNDS FROM TliE PROCEEDS OF OBLIGATIONS TO BE ISSUED BY THE CITY FOR AUTHORIZED PURPOSES; AUTHORIZING MATTERS INCIDENT AND RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council (the Governing Body of the City ofnew Braunfels, Texas (the Issuer has entered into or will enter into various contracts pertaining to the expenditure of lawfully available funds of the Issuer to finance the costs associated with (i acquiring, purchasing, constructing, renovating, equipping, enlarging, and improving the Landa Plaza Shopping Center to be utilized for municipal facilities (the Construction Costs, (ii the payment of various engineering costs, including design testing, design engineering, and construction inspection related to the Construction Costs (the Engineering Costs, (iii the payment of various architectural costs, including preparation of plans and specifications and various other plans and drawings related to the Construction Costs (the Architectural Costs, and (iv the payment of various administrative costs, including the fees of bond counsel, financial advisor, project manager, other professionals, and bond printer (the Administrative Costs [the Construction Costs, the Engineering Costs, the Architectural Costs, and the Administrative Costs collectively constitute the costs of the Issuer's project that is the subject of this Resolution (the Project]; and WHEREAS, the provisions of Section , as amended, Texas Government Code (Section provide that the proceeds from the sale of obligations issued to finance the acquisition, construction, equipping, or furnishing of any project or facilities, such as the Project, may be used to reimburse the Issuer for costs attributable to such project or facilities paid or -- tmmrreu-before-the-date-ofissuance-of-such-obligations; -and WHEREAS, the United States Department of Treasury (the Department released Regulation Section (the Regulations which establishes when the proceeds of obligations are spent and therefore are no longer subject to various federal income tax restrictions contained in the Internal Revenue Code of 1986, as amended (the Code; and WHEREAS, the Issuer intends to reimburse itself, within eighteen months from the later of the date of expenditure or the date the property financed is placed in service (but in no event more than three years after the original expenditures are paid, for the prior lawful capital expenditure of funds from the proceeds of one or more series of tax-exempt obligations (the Obligations that the Issuer currently contemplates issuing in an amount not to exceed $2,000,000 to finance a portion of the costs of the Project; and WHEREAS, under the Regulations, to fund such reimbursement with proceeds of the Obligations, the Issuer must declare its expectation ultimately to make such reimbursement before making the expenditures; and..., /

41 29 WHEREAS, the Issuer hereby finds and determines that the reimbursement for the prior expenditure of funds of the Issuer is not inconsistent with the Issuer's budgetary and financial circumstances; and WHEREAS, the Governing Body hereby finds and determines that the adoption of this Resolution is in the best interests of the citizens of the Issuer; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS THAT: SECTION 1: This Resolution is a declaration of intent to establish the Issuer's reasonable, official intent under section of the Regulations and Section to reimburse itself from certain of the proceeds of the Obligations for any capital expenditures previously incurred (not more than 60 days prior to the date hereof or to be incurred with respect to the Project from the Issuer's General Fund or other lawfully available funds of the Issuer. SECTION 2: The Issuer intends to issue the Obligations and allocate within 30 days after the date of issuance of the Obligations the proceeds therefrom to reimburse the Issuer for prior lawful expenditures with respect to the Project in a manner to comply with the Regulations. SECTION 3: The reimbursed expenditure will be a type properly chargeable to a capital account (or would be so chargeable with a proper election under general federal income tax principles. SECTION 4: The Issuer intends to otherwise comply, in addition to those matters addressed within this Resolution, with all the requirements contained in the Regulations. SECTION 5: This Resolution may be relied upon by the appropriate officials at the Office of the Attorney General for the State of Texas and establishes compliance by the Issuer with the requirements of Texas law and the Regulations. SECTION 6: With respect to the proceeds of the Obligations allocated to reimburse the Issuer for prior expenditures, the Issuer shall not employ an abusive device under Treasury Regulation Section , including using within one year of the reimbursement allocation, the funds corresponding to the proceeds of the Obligations in a manner that results in the creation of "replacement proceeds", as defined in Treasury Regulation Section , of the Obligations or another issue of tax-exempt obligations. SECTION 7: 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 Governing Body. SECTION 8: 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

42 30 SECTION 9: This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 10: 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 Governing Body hereby declares that this Resolution would have been enacted without such invalid provision. SECTION 11: 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 12: This Resolution shall be in force and effect from and after its final passage, and it is so resolved. [The remainder of this page intentionally left blank]

43 31 PASSED, ADOPTED AND APPROVED on this the 11TH day of October, CITY OF NEW BRAUNFELS, TEXAS ATTEST: Mayor City Secretary (CITY SEAL

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45 33 City Council Agenda Item Report October 11, 2010 Agenda Item No. 3-E Presenter/Contact- Kern Tilley/Mary Quinones, Purchasing Manager ( SUBJECT: Approval of the renewal of the maintenance agreement for network devices from Cisco and provided by Presidio under a State of Texas Department of Information Resources (DIR contract. BACKGROUND/RATIONALE: This is a continuation of the Cisco SMART net Support services provided since the City's current computer network system was installed in Cisco equipment is the backbone of the City's computer network connectivity, phone system, and voic . The devices covered include Cisco network and telephone switches, routers, firewalls, and servers. This provides hardware maintenance and replacement in the event of failure, software maintenance and upgrades, access to Cisco Technical Assistance, and registered access to online technical information. These devices are essential to the operation of the telephone and computer network infrastructure and connectivity city-wide. This maintenance agreement coverage includes all devices and software until December 31, ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: X N/A Yes City Plan/Council Strategic Priority: Maintain an ongoing Priority: program for improving customer service FISCAL IMPACT: The pricing is from the DIR contract and totals $58, for the two year plus three month period or $25,743 annually. Sufficient funds are available in the Information Technology budget for this service; it is a budgeted expenditure. BOARD/COMMISSION RECOMMENDATION: N/A STAFF RECOMMENDATION: Approval of the renewal of the maintenance agreement for network devices from Cisco and provided by Presidio under a State of Texas Department of Information Resources (DIR contract. Page 1 of 1

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47 r'..,cityof ~~New Braunfels } - City Council Agenda Item Report OCTOBER 11, Agenda Item No. 3 Presenter - Shannon Mattingly, Planning Director ( smattingly@ nbtexas.org SUBJECT: Approval of the second and final reading of an ordinance amending Article Ill, Historic Landmark Preservation Ordinance, Section , Tax Incentive, to extend the relief to properties located within locally designated historic districts and to waive building permit fees. APPLICANT: City of New Braunfels, Historic Landmark Commission 424 S. Castell Avenue New Braunfels TX BACKGROUND/RATIONALE: Currently the Historic Landmark Preservation Ordinance has two incentives (Sec Tax Incentive. These are: 1. Tax relief for "improvements, renovation or restoration available to individually designated landmarks for a period of five to ten years". 2. Tax exemption for historic districts for a reduction of 20% of city taxes for properties located in historic districts. There is no time limit. Per the Ordinance, the Historic Landmark Commission is empowered "to propose tax - ~---~tibatement--pregfam(s--fer-lanamarks-----er--distriets'~ --- Sec; (-Hi -P-re pose tax abatement program(s for landmarks or districts. The Historic Landmark Commission is proposing to change the "Tax Incentive" Ordinance by including all properties within a historic district under the "rehabilitation" tax relief. Plus add an additional incentive by waiving building permit fees associated with historic properties which need an approved Certificate of Alteration from the Historic Landmark Commission. Incentive "Rehab" tax relief Historic District tax exemption Pro_p_osed Qermit relief Individual Landmark Yes Proposed Historic District Proposed Yes Proposed Individual Landmark in a Historic District Yes Yes Proposed Currently the ordinance provides a "rehabilitation" tax incentive to individually designated landmarks only. By limiting the tax relief to only individually designated "historic landmarks," properties located within a historic district must first seek individual designation. Historic districts are a collection of resources and as a whole may be eligible for historic designation but individually not all properties would meet the criteria necessary for historic landmark designation. To better fulfill the intent of the ordinance, affording the tax relief to all properties within a historic district provides the incentive to Page 1 of3

48 rehabilitate all resources equitably which then has a positive impact upon historic district, adjacent properties and helps revitalize the neighborhood in general. By waiving building permit fees, the ordinance provides an incentive for historic property,, owners by reducing the cost of their project. It also would fulfill the City's Master Plan goals to preserve and enhance our heritage through the built environment. Finally, the New Braunfels Historic Landmark Preservation Ordinance states that the purpose of the ordinance is protection, enhancement, and perpetuation of landmarks or districts of historical and cultural importance and significance is necessary to promote the economic, cultural, educational, and general welfare of the public and encourage stabilization, restoration, and improvements of such properties and their values. City Council approved the application for the changes to tax incentive ordinance on August 9, 2010 with a vote of Mayor ProTem Krueger abstained. GENERAL INFORMATION: Sophienburg Hill Historic District was created in March 2009 and has been expanded three times with 97 properties currently. There are five individually listed buildings located within the boundaries of the Sophienburg Hill Historic District that would potentially qualify for the rehabilitation tax relief. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: Yes City Plan/Council Pros: Priority: Goal 1. Promote manageable growth to achieve a 2006 Comprehensive Plan proper balance of economic expansion and environmental quality while maintaining the Pros arjd-eunst:j-asert-~- --community's-unique qualities: on Policies Plan Goal 12. Protect and enhance the visual environment of the City Goal 20. Protect and enhance the character and boundaries of existing neighborhoods. Goal 58. Maintain an attractive and lively downtown area that creates a deep sense of community. Goal 65. Increase historic preservation efforts in New Braunfels. Goal 69. Enhance the heritage image of the City by designating historic areas and structures that should be preserved, restored and used for adaptive reuse. - Page 2 of3

49 37 Cons: The rehabilitation tax incentive results in a reduction of tax revenue to the City for a minimum of five years and a maximum of ten, as of today seven properties currently receive a tax abatement. Loss of income due to application fees to the City. fiscal IMPACT: Building permit application fees: Historic Landmark Commission cases from July 2009 to July resulted in 17 cases which generated $4,865 in building permit application fees of which $3,452 was attributed to 193 W. San Antonio Street, the Phoenix Saloon. HISTORIC LANDMARK COMMISSION RECOMMENDATION: The Historic Landmark Commission unanimously approved the application for the changes to the Tax Incentive ordinance on July 13, STAFF RECOMMENDATION: Staff recommends approval of the changes to the incentive ordinance to include all properties within a historic district and expanding the incentives by waiving building permit fees. ATTACHMENTS, 1. Code of Ordinance -Article Ill Historic Landmark Preservation Section Ordinance U:\Pianning\CCagenda\HistoricLandmarkComm\taxincentive\agenda sheelsecond.docx Page 3 of3

50 38 Proposed Changes Sec H Incentive!. (a Purpose. To promote and protect the rich heritage of the city, and to encourage the designation of structures as historic landmarks, and the designation of historic districts this section of the city's historic preservation ordinance provides a tax relief for the stabilization, rehabilitation, and renovation of property(s that are designated by the city as historic landmarks or located within a local historic district. (b Rehabilitation Tax relief. From the date of passage of this section, the owner of property (structure and land having historic, architectural, and cultural significance, and so designated by the City's Historic Landmark Commission, Planning Commission, and City Council, as a historical landmark or located within a local historic district shall be eligible to apply for relief in property taxes for a period of five years. Said property, whether owned by the same individual or not, shall be eligible for such relief an additional five years. The total period of time that any one property shall be eligible to receive such tax relief shall be ten years, whether such relief is granted for two consecutive five-year periods or separate terms. For a property to be considered for a consecutive five-year period, an application shall be made during the fourth year of the original request. Whether the application is for consecutive or future periods each request shall be considered separately and must qualify as outlined below. Upon the expiration of a relief period, the property shall be placed on the tax rolls at the new appraised value and taxed accordingly. Provided, however, that should an application be received and approved during the fourth year of the first request no new appraised value will be assessed or taxed. An application for tax relief pursuant to this section shall be made prior to the first of July of the tax year in which the relief would be granted. Application shall be made to the City's Historic Landmark Commission with a recommendation to the New Braunfels City CounclnorlinaracfrorCifreqiiesle-a, -ttie tiisforic -preservation officer-may assist the owner in filing for such relief. A structure must be designated as a historic landmark as provided for in section or located within a local historic district as provided for in section in the New Braunfels Code of Ordinances. {G.1. Qualification for tax relief. The owner of a property, applying for tax relief, shall be entitled to such, provided that the improvement(s, renovation(s, or restoration(s to the structure is at least ten percent of the value of the property value reflected on the tax rolls of the Comal or Guadalupe Appraisal District office. The tax relief shall commence after the first of January in the tax year immediately following the year in which the work is completed. The tax relief shall be determined in the following manner. The Comal or Guadalupe Appraisal District shall cause said improvement(s, renovation(s, or restoration(s to the structure to be appraised on or before December 31 the year the work was completed. This new appraised value less the present property value shall be shown on the tax rolls of the Comal or Guadalupe Appraisal District as the new property value. However, said improvement(s, renovation(s, or restoration(s shall not cause the value of the property to be less than the present value prior to completion of the work.

51 39 (EJ- 2. Eligible costs. Eligible costs shall include exterior and interior improvements to the frame, walls, floor, ceiling, plumbing, electrical wiring and mechanical items, such as heating and air conditioning systems. Fixtures, decorative items, and/or fencing shall not be eligible for consideration unless such items were original fixtures and/or decorative items of the structure. Materials and labor for repairing, replacing or adding any of the following shall be eligible: (1 Structural walls; (2 Structural subfloors; (3 Structural ceilings; (4 Exterior doors; (5 Exterior paint (consistent with those colors available during the time period the structure was built; (6 Mechanical equipment; (7 Windows; (8 Exterior brick veneers or treatments; (9 Plumbing; (10 Electrical wiring; (11 Roof and gutter where necessary for structural integrity; (12 Facade items; (13 Elevators; (14 Foundations; (15 Termite damage and treatment; (16 Security and/or fire protection systems; (17 Architectural and engineering services if directly related to the eligible costs described ab(y~; (18 Plumbing and electrical fixtures documented as historic fixtures; and (19 Limited demolition, not more than 15 percent of the original structure, and cleanup related to the eligible costs described above. ~ L Ineligible costs. Ineligible costs include the following: (1 Overhead; (2 Taxes; (3 Supervisor payroll; (4 Repairs of construction equipment; (5 Tools; and (6 Any other items not directly related to the exterior appearance or the structural integrity or viability of the structure. ~.{QL_ Tax exemption for historic districts. For properties located within a city designated historic district, property owners in the historic district will qualify for an ad valorem tax exemption of 20 percent of the assessed city ad valorem property tax. This tax exemption shall begin on the first day of the first tax year after designation of the historic district. (d Building Permit Fees waived. Upon approval of a Certificate of Alteration. the property owner will present said certificate to the Building Department and all building permit fees will be waived. (Ord. No , I, ; Ord. No , 1,

52 42 ORDINANCE NO AN ORDINANCE AMENDING CHAPTER 66, ARTICLE Ill HISTORIC LANDMARK PRESERVATION, NEW BRAUNFELS CODE OF ORDINANCES, BY CHANGING SECTION TAX INCENTIVE; REPEALING ALL ORDINANCES IN CONFLICT; CONTAINING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE WHEREAS, the State of Texas has enacted legislation empowering municipalities to preserve and protect historic places, structures, buildings, and areas of historical and cultural importance and significance; and WHEREAS, the City Council is aware of the numerous places, structures, buildings and areas having historical and cultural importance and significance which reflect the heritage of the City, State and its people, and is committed to promote and protect the heritage of New Braunfels for the future; and WHEREAS, the City Council, on September 14, 1998, adopted an ordinance providing a tax relief/incentive for the stabilization, rehabilitation and renovation of properties and/or structures designated as historic landmarks, by the City of New Braunfels; and WHEREAS, the City Council on March 12, 2007, adopted an ordinance providing a 20% property tax exemption to property owners as an incentive to become a part of a historic district, and WHEREAS, such an incentive is consistent with Goal 12, 65, 73, and 75 of the 2006 City of New Braunfels Comprehensive Plan; now, therefore; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS: Section 1. THAT, Section of the New Braunfels Code of Ordinances, City of New Braunfels, Texas is hereby changed as shown in Exhibit A: Section 2. THAT all provisions of the Code of Ordinances of the City of New Braunfels not herein amended or repealed shall remain in full force and effect. Section 3. THAT all other ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent that they are in conflict. 1

53 43 Section 4. THAT if any provisions of this ordinance shall be held void or unconstitutional, it is hereby provided that all other parts of the same which are not held void or unconstitutional shall remain in full force and effect. reading. Section 5. This ordinance shall become effective immediately following its passage on the second and final PASSED AND APPROVED: First reading this the gth day of August PASSED AND APPROVED: Second and final reading this the 11th day of October CITY OF NEW BRAUNFELS ATTEST: BY: R. BRUCE BOYER, Mayor Ann Smith, Interim City Secretary APPROVED AS TO FORM: ALAN WAYLAND, City Attorney U:\Pianning\Ordinances\HistoricLandmarks\tax incentive_include district.docx 2

54 44

55 f',city of \;;-..New Braunfels City Council Agenda Item Report October 11, Agenda Item No. 3 G Presenter - Shannon Mattingly, Planning Director smattingly@ nbtexas.org SUBJECT: Approval of the second and final reading of an ordinance rezoning Gruene Crossing Subdivision, Units 1-4, from "M-1" Light Industrial District, "C-1" Local Business District, and "C-1 B" General Business District to "R-1 A-6.6" Single Family District. APPLICANT OWNER: City of New Braunfels 424 S. Castell Avenue New Braunfels, TX Multiple BACKGROUND/RATIONALE: When City Council was reviewing the Short-Term Rental section of the zoning ordinance, the Planning Department identified multiple residential neighborhoods with zoning other 'than residential. Council directed the Planning Department to have neighborhood meetings to explain the purpose of residential zoning and pursue rezoning to an appropriate district. ~ t:le-gn.tene-gressing--st;jedivisien-is-a-subdivisien-wl'liel"l-devele~eej-in--2003as-a-single-- family neighborhood. A public neighborhood meeting for the Gruene Crossing Subdivision was held on July 19, to explain the purpose of zoning and the benefit for the neighborhood zoning to reflect the residential use. Public notifications were sent to the entire neighborhood (214 individual mailings, including the homeowners association, and approximately 14 residents attended. Those in attendance were supportive of the concept to change their zoning to R-1A-6.6 Single Family District. The Planning Commission also held a public hearing where the entire neighborhood and those property owners within 200 feet were sent notification; there was no one in opposition. City Council unanimously approved the first reading of the ordinance rezoning this property on September 27, General Information: Size: Surrounding Zoning and Land Use: acres North - M-1 I Vacant South - C-1, C-1 B, M-1 I Businesses and Seniors Home East- M-1 I Vacant, and Railroad West - C-1, M-1 I Businesses and Sundance Health Center Page 1 of3

56 Comprehensive Plan/ Future Land Use Designation: lmprovement(s: Residential subdivision. Residential subdivision. Notification: Public hearing notices were sent to the 214 property owners within the Gruene Crossing Subdivision and 10 property owners located within 200 feet of the subdivision. Sixteen responses were received in favor, zero against, and 10 returned undeliverable. 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: GoalS: 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. FISCAL IMPACT: N/A Cons: None ~ ~--- -~ ~ BOARD/COMMISSION RECOMMENDATION: The Planning Commission held a public hearing on September 7, 2010 and recommended approval of the rezoning, unanimously ( STAFF RECOMMENDATION: Staff recommends approval of the rezoning of Gruene Crossing Subdivision, Units 1-4 as it is consistent with the current use and intent of this 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 "R1 A-6.6" Single-family district 8. Excerpt from Planning Commission Minutes of September 7, Ordinance Page 2 of3

57 U:\Pianning\CCagenda\ZoneChgs&SUP\2010 Cases\Gruene Crossing_agenda sheet 2nd.docx Page 3 of3

58 ""' J._-: City of :: Nevv Braunfels 18 APPLICATION FOR ZONE CHANGE 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. Name ~-l +~ of N e.. v. \SeA. u.~-q<.\ s Mailing Address Y~ '-\ S C.o..s ±f_e.l ~e.. N ~ TX l- \h 3 0 Telephone:.Fax: Mobile: 2. PropertyAddressllocation: A\\ o~ Cbru..e.~e. C-ross\"'-~ Su..'o~\v\.~\on 3. Legal Description: {\ 1\ ' NameofSubmWmon: ~==~~-uu==e~v\--~--~ldc--~o==s~s~t~~~~ Lot(s: Block(s: Acreage: Existing Use of Property:.:,{<,;::e.;.;:;S;...I.=-d..;::;.:..e;;...V\.:_:\--\...;..'..;.._~ ;\ 5. Proposed Use of Property (attach additional or supporting information if necessary: i(es C. d.-e li\..1-\ c..._\ 6. Zoning Change Request: Current Zoning: t1.... \ 1 C,.-l 1 C -\ B Proposed Zoning ~ \ A C.:... ld If "POD Planned Development District", check if: Concept Plan OR Detail Plan dersigned hereby requests rezoning of the above described property as indicated. For Office Use Only Fee Received By: ~r 'amount Receipt No.: Date Date Received:.,Zoning signs issued: Date: No. Cash/Check Number: ~N..::.rfc.:..A-_, Case Number: P_Z_J o_-_.3_'8 U:\Pianning\Applications\Zone Change. DOC ATTACHMENT 1

59 :.Ill!li~UI IIIIJII;

60 g Land Use Map ~..-t > 0 :J:. ~ ~J N~~ Braunfels -1..._ a :::::;;.-- w "-. PZ10-38 Gruene Crossing Subdivision "M-1 n ~ C-1... ::11nd 11 C-1 Bu to "R=1A6.6" '! ( \. Existing Land Use 0 Residential Low Density I':.;., >I Residential Medium Density - Residential High Density - Commercial -Industrial -School - Government!B1 Institutional -Open Space llll Drainage f22'j Gruene Crossing Subdivision /~. ~ Map Created On 8/16/1

61 Land Use Map Future land Use -Commercial/Industrial - Commercial iff!~$ Drainage - Government Institutional - Manufactured Homes -Mixed Use - Open-Parks - Private Recreation D Residential Low Density CJ Residential Medium/High Density -School -Utilities l'l'zj Gruene Crossing Subdivision.j:a. (J N~~ Braunfels "' 4 ~ PZ10-38 Gr~ene Crossing Subdivision UM-1 n, ~ c-1" and "C-1 8" to "R-1A6.6n Map Created On 8/1

62 ~ -I > 0 t.. J X :;g.. City of ~ :: New Braunfels -1..., e ;:::::;o-- en i.._- PZ10-38 GrJene Crossing Subdivision "M=1 1 \ ~ c-1 n ~nd "C-1 B.. to ~~R-1A6.6" i { }. / Gruene Crossing Subdivision \..._,. Map Created On 8/1

63 53 PLANNING COMMISSION- SEPTEMBER :00PM New Braunfels Municipal Building, Council Chambers Owner/Applicant: Address/Legal Description: Various I City of New Braunfels Gruene Crossing Subdivision REQUEST FOR ZONING- CASE #PZ10-38 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 GRUENE CROSSING SUBDIVISION 1. Aichele, Richard & Holly 37. Chilton, Teresa 2. Ali, Nooruddin & Sandra 38. Christensen, Jason & Erin 3. Allen, Hester & Roger 39. Compean, Elizandro & Maria 4. Alva, Misty & Oscar 40. Cox, Peggy 5. Anderson, Angela 41. Crook, Neville & Angela 6. Andrews, Patricia 42. De La Cruz, Manuel 7. Argentine, Carol 43. De Leon Carols & Christine 8. Arocha, Lambert 44. Dera, David & Joanne 9. Avila, Gustavo & Elizabeth 45. De Santiago, Luis & Rosa 10. Ball, Gordon 46. De Santiago, Uriel & Maria 11. Ball, Patricia 47. Diza, Gracemarie & Dante 12. Banks, Robert & Katherine 48. Dowlen, Kenneth & Priscilla 13. Barcels, Stacey 49. Duncan, Joseph & Tracy 14. Barclay, Thomas & Laura 50. Eberhardt, Joe & Lisa 15. Barrier, Brad & Kim 51. Edwards, Gary & Tasha 16. Bayer, Barbara 52. Enriquez, Jim & Green, Kathy 17. Benedict, Timothy & Melissa -d----,a-:--berg, DerricK~ Ergang, Marcos -5<4-:-Fellers-;-Ro-dn-ey Bethke, Shawn 55. Fernandez, Maria Elena 20. Bielke, Sandra 56. Flores, Irene 21. Birch, Edward & Christina 57. Flynn, Cheryl & Joseph 22. Boyer, Brett & Debra 58. Fowler, Dashonda & Quienton 23. Brownson, Gary 59. French, Austin & Araceli 24. Butler, Doyle 60. Gaines, Renee & Sandra 25. Caampued, Napoleon 61. Garcia, Jamie & Roylene 26. Camacho, Darryl 62. Garza, Joseph & Laura 27. Camacho, David & Christina 63. Giffin, Walter 28. Campos, Cicifredo & Dora 64. Glaze, Herald & Joyce 29. Cantu, Lucas & Lucy 65. Goossens, Danny 30. Carlson, Troy 66. Gray, Mark 31. Cast Properties LLC 67. Grigsby, Melvin & Ofelia 32. Castillo, Lisa 68. Gruene Apple LLC 33. Cazier, Monty & Teresa 69. Guenther, Bryan & Courtney 34. Cheeseman, G. & Jaeger, J. 70. Guido, Teresa 35. Cheeseman, Walter & Florence 71. Guthrie, John & Tina 36. Chew, Jason & Erica 72. Ha, Mikyung & Andrew SEE ATTACHED MAP ATTACHMENT 6

64 54 INSIDE GRUENE CROSSING SUBDIVISION (CONTINUED 73. Harrington, Steven 109. Martinez, Nancy 74. Harnett, Bryan & Courtney 110. Mayer, Helmuth & Sylvia 75. Helmle, Samuel & Joyce 111. Maysonet, Martha & Edwin 76. Herbold, Kirk 112. McCabe, Natalie 77. Herrera, Jesus & Norma 113. McDonald, Patrick & Rachel 78. Hershey, Tracy & Lori 114. McFall, Russell & Laura 79. Higgs, William & Jenny 115. McKinney, Timothy 80. Hinojosa, Maria 116. McNutt, Robert & Cindy 81. Hoffman, Hunter & Anita 117. Meder, Merle & Mary 82. Holt, Eric 118. Melchior, Thomas & Marciana 83. Hopson, Paul & Raquel 119. Miedema, Cathy 84. Hugg, Randy 120. Mary Mills Living Trust 85. Hurlburt, Gene & Linda 121. Mitchell, Herman & Dorothy 86. Jackson, Phillip & Elizabeth 122. Moppin, Christopher & Patricia 87. Jackson, Rory & Maria 123. Morgan, Jimmy & Sherry 88. Janszen, William & Ava 124. Mueller, William & Tammy 89. Jauregui, Joaquin & Gloria 125. Mullings, Mark 90. Jenkins, Kevin & Shelia 126. Murrell, Henry & Mary 91. Johanson, John 127. Musgrave, Joseph & Tracey 92. Johnson, James & Natalia 128. Nabours, Sterling 93. Johnson, Lin & Kenneth 129. Nelson, Lindsey 94. Johnson, Lin & Kenneth 130. Nerametla, Venugopal & Geeta 95. Kapellas, Nicholas & Beverly 131. Newland, Eric & Tamara 96. Kenerson, Kenneth & Roxie 132. Nolte, Gary & Denise 97. Kerr, Charles & Angela 133. Oatman, Donald 98. King, Amy 134. Odell, John & Elizabeth 99. King, Jonathan & Mary Ann 135. Ogren, James & Lois 100. Kruekewitt, Paul & Mikel 136. Ogrin, Claudia 101. Larrabee, Francene 137. Ogrin, David & Sharon rLatham,-Ereddy Oiden,J-tallgeir.&.Bodil, Stenhaug 103. Laxson, David & Sandra 139. O'Neill, William & Margie 104. Lopez, Steve & Barbara 140. Osuji, Emmanuel 105. Ludzenski, Amy & Henry 141. Padron, Rebecca 106. Lussier, Jesse & Rachel 142. Page, Justin 107. MacDougall, Kay 143. Patel, Parsottamb 108. Martinez, Laura & Aleric 144. Peacock, George & Oralia SEE ATTACHED MAP

65 55 INSIDE GRUENE CROSSING SUBDIVISION (CONTINUED \ 145. Pena, David & Crooks, Sally 181. Sanchez, Susana & Juan } 146. Perez, Paulina & Almendariz, J Schultz, Robert 147. Perry, Aaryn 183. Seal, Leonard 148. Petri, Richard & Linda 184. Short, Michael & Barbara 149. Pfannstiel, Matthew & Selena 185. Smith, Eric & Rachael 150. Pihg Inc Spitzer, John & Jean 151. Pinto, Lillie 187. St. Laurent, Dale & Charlene 152. Pliego, Ernesto 188. Stohs, Leroy & Mary 153. Portillo, Irma 189. Stonebreaker, Milan & Janice 154. Prado, Richard 190. Strong, Kenneth & Lorraine 155. Priest, Goerge & Gearlyn 191. Symon, Maria & Jason 156. Pruden, Harry 192. Thomae, Geren & Nancy 157. Pullin, Denver & Patricia 193. Thompson, William & Margaret 158. Quijano, Jose & Sylvia 194. Tian, Peter & Zhou, Jie 159. Quintero, Delfa & Fernando 195. Trevino, Patricia 160. Ream, Elisabeth & Eric 196. Truss, Jerry & Cecille 161. Rejo, Cesar & Trejo, Araceli 197. Two Gun Investments LLC 162. Rife, Cynthia 198. Resident 163. Rigsby, William & Jeanne 199. Vasquez, Joe 164. Rivas, Daniel & Siller, Julie 200. Vergenz, Morris & Anette 165. Rivera, M. Carmen & Miranda, L Villarreal, Michael & Robin 166. Rivera, Samantha & Paul 202. Walker, Annie 167. Roberts, Gracie 203. Walser, Daryl & Evyonne 168. Roberts, Loren 204. Webber, Kevin & Darlene 169. Robles, Frank & Flores, Sandra 205. Webber, Scott 170. Rocha, Mark & Melissa 206. Weber, Steven & Silvia 171. Rodriguez, Jose & Hortencia 207. Wellborn, Joe & Deborah 172. Rodriguez, Oscar & Adorie 208. Wellman, Michael & Diana Rodriguez, Ruben 209. Wetz, Brian & Jennifer 174. Roeder, Laddie 210. Williams, Russell & Irene 175. Rogers, Ronald & Marcia 211. Williams, Warren & Delores - -" -t"76:-romero,-patrick-&-wendy ~-Willis~A-; Rose, Harley 213. Wojakowski, John & Rose 178. Rose, Jeffrey 214. Zinna, David 179. Rose, Marvin & Shayla 180. Ruston, Gary OUTSIDE GRUENE CROSSING SUBDIVISION 215. Grantham, Larry 216. Gruene Crossing HOA Inc Koontz McCombs 1 Ltd New B Holding LP 219. City of New Braunfels 220. Plaza Office Partners Ltd Real Estate Partners of New Braunfels LLP 222. Rupani, Seema 223. Saddleback Sundance LLC 224. Sundance POA Inc. SEE ATTACHED MAP

66 I Gruene Crossing Subdivision 200' Notification Buffer rn m (.J N~~ Braunfels "-, ( ;;::::::----- ~. PZ10-38 Gr~ene Crossing Subdivismon nm-1 ", ~ C=1 n and nc-1 en to ~~R-1A6.6n '-..._/ ~; Map Created On 8/

67 "R-1A-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-1A" district. The district called "R-1A" shall be renamed and shown on the zoning map as "R-1A-6.6". (a Authorized uses. Uses permitted by right shall be those set forth in the Land Use Matrix in Section 4 of this Chapter. The allowed uses in the district, which are intended to be identical with those listed in the Land Use Matrix, are as follows (1 Uses permitted by right Residential uses: Accessory building/structure Accessory dwelling (one accessory dwelling per lot, no kitchen Community home (see definition Family home adult care Family home child care Home occupation (See Sec. 5.4 One family dwelling, detached Single family industrialized home (see Sec 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 Gelf-eourse,publie-or-pFivate 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

68 ~8 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. 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 bu11d.iog_s_ejback _0n_ each $Jd~ 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.

69 59 -- EXCERPT FROM PLANNING COMMISSION MINUTES OF SEPTEMBER 7, 2010 DRAFT PUBLIC HEARINGS Case PZ1 0-38: Public hearing and recommendation to City Council regarding the proposed rezoning of Gruene Crossing Subdivision, Units 1-4, from "M-1" Light Industrial District, "C-1" Local Business District, and "C-1B" General Business District to "R-1A-6.6" Single Family District. (City of New Braunfels Stacy Snell stated that during the short term rental discussions, Council directed staff to look at areas of the City used residentially but zoned otherwise. She explained that the old zoning districts are cumulative, so single-family residential was a permitted use in commercial and industrial districts. Planning staff met with residents of Gruene Crossing Subdivision, and those who attended were in favor of rezoning. Public hearing notices were sent to 214 property owners within Gruene Crossing and 10 property owners within 200 feet. Ms. Snell reported 16 responses were received in favor and none in opposition. Chair Casteel asked if anyone wished to speak in favor of the rezoning. No one spoke. Chair Casteel asked if anyone wished to speak in opposition. No one spoke. Motion made by Vice Chair Elrod, seconded by Commissioner Lowe, to close the public hearing. The motion carried unanimously. (9-0-0 Motion made by Commissioner Perez and seconded by Commissioner Bearden to forward Case PZ to City Council with a recommendation for approval. The motion carried unanimously. ( ATTACHMENT 8

70 60 ORDINANCE NO I! AN ORDINANCE REZONING ACRES KNOWN AS A PORTION OF THE GRUENE CROSSING SUBDIVISION FROM "M-1" LIGHT INDUSTRIAL DISTRICT, "C-1" LOCAL BUSINESS DISTRICT, AND "C-1B" LOCAL 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 know as a Gruene Crossing Subdivision Lots 2-6, Unit One; Lots Block 3, Lots 1-16 Block4, Lots 7-11 Block 1, Unit Two; Lots Block 1, Lots Block 3, Lots 1-23 Block 5, and Lots 1-10 Block 6, Unit Three; and, Lots Block 1, Lots Block 6, Lots 1-14 Block 7, and Lots 1-17 Block 8, Unit Four to "R-1A-6.6" Single Family District; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS: SECTION 1 THA LSections-1-.2, 1 and~j.2.. 2,-Chapter-JAA,-ot 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, "C-1" Local Business District, and "C-1B" Local Business District to "R-1A-6.6" Single Family District: "54.04 acres know as a Gruene Crossing Subdivision Lots 2-6, Unit One; Lots Block 3, Lots 1-16 Block 4, Lots 7-11 Block 1, Unit Two; Lots Block 1, Lots Block 3, Lots 1-23 Block 5, and Lots 1-10 Block 6, Unit Three; and, Lots Block 1, Lots Block 6, Lots 1-14 Block 7, and Lots 1-17 Block 8, Unit Four, and as delineated on Exhibit 'A'. SECTION 2 THAT all provisions of the Code of Ordinances of the City of New Braunfels not herein amended or repealed shall remain in full force and effect. SECTION 3 THAT all other ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent that they are in conflict. 1

71 61 l 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 2ih day of September, PASSED AND APPROVED: Second and Final Reading this the 11 1 h day of October, CITY OF NEW BRAUNFELS R. BRUCE BOYER, Mayor ATTEST: Ann Smith, Interim City Secretary APPRQVED-AS-1=0 f.orm~ ALAN C. WAYLAND, City Attorney U:\Pianning\Ordinances\Zone Changes\Gruene Crossing R1-A-6.6.doc 2

72 62 ~ 500~--- Feet 1,000

73 ~J N~~ Braunfels City Council Agenda Item Report October 11, Agenda Item No. 3 fl - 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 to drill a private water well to be used for residential use at 1409 Mission Valley Road. APPLICANT/OWNER: Carolyn Winkler 1409 Mission Valley Road New Braunfels, TX BACKGROUND/RATIONALE: This request is to allow the property owners to drill a private water well for residential use within the city limits. The property is located just inside the city limits, north of Newcombe Tennis Ranch 1 Subdivision on Mission Valley Road and was annexed in The owner has indicated that tbe property at one time was five acres and that she had built a small house located at the back of the five acres and there was a well associated with this tract. In 2002 the property was broken-up into one 2 acre tract and one 3 acre tract and the owner built a bigger home on the 3 acre tract. The two homes have since been sharing the existing water well. The applicant has stated that it is her intent to sell ~-~- ~---~--the-home-on the-3 acre tract. In order to sell the propertythe appffcanfhas indicated that a new water well must be drilled on the subject property. The City's Zoning Ordinance only allows water wells as part of a public or municipal system. Therefore, the construction and use of a private well requires the approval of a Special Use Permit. The property is currently zoned "APD" Agricultural/Pre Development. NBU has indicated that there is an eight-inch water main line located 38 feet from the rear of the subject property in Newcombe Tennis Ranch Unit 1 on Koala Ct. However, there are no utility easements within that subdivision that would allow for the connection of the main line to the subject property. If water were available and accessible through the NBU system (i.e. within 300 ft. of the property NBU could require a tie into the NBU system. The closest accessible main line is located in Champions Village, close to State Highway 46, approximately 4,400 feet (0.82 miles. Connecting to this line from the subject property would be a great expense to the property owner. 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; Page 1 of3

74 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. City Council unanimously approved the first reading of the ordinance on September 27, General Information: Size: Surrounding Zoning And Land Use: Comprehensive Plan/ Future Land Use Designation: lmprovement(s: 3.00 acres North- Across Mission Valley Rd., outside city limits/ Vacant- South - APD I Single-family Residence East - APD I Single-family Residences West- Outside city limits I Single-family Residence Residential Low Density Single-family residence Notification: Public hearing notices were sent to three property owners located within 200 feet. As of August 31 5 t, no responses were received. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: Ye_S. Cit}' Plan/G_qy_nru ~~ Pros: Priority: Goal 1G: Evaluate capacity and adequacy of 2006 Comprehensive Plan existing and planned public facilities and services to determine feasibility of expansion. The well will Pros and Cons Based provide water for residential use as an alternative on Policies Plan to tying into the NBU system. Water is not available to the applicant as there are no easements to connect to the closest main line located behind her property in another subdivision. A main line is located approximately 4,400 feet away at Champions Village Subdivision but connecting to this main line could cost the property owner a great expense. Cons: None. FISCAL IMPACT: N/A _ Page 2 of3

75 65 BOARD/COMMISSION RECOMMENDATION: The Planning Commission held a public hearing on September 7, 2010 and unanimously recommended approval of the Special Use Permit in the "APD Agricultural/Pre Development District" to drill a private well to be used for residential use at 1409 Mission Valley Road ( STAFF RECOMMENDATION: Staff recommends approval of the Special Use Permit to drill a private water well to be used for a single family residence at 1409 Mission Valley Road as there are no utility easements within the subdivision behind the subject property that would allow for the connection of the water main line to the subject property and that the next closest main line in the area is located in Champions Village, close to State Highway 46. Staff is supportive of the water well use with the understanding that it will meet all applicable State and local regulations. ATTACHMENTS: 1. Application 2. Zoning Map 3. Existing Land Use Map 4. Future Land Use Map 5. Aerial Map 6. Notification Map 7. Sec. 3.6 Special Use Permits 8. Excerpt from Planning Commission Minutes of April 6, Ordinance U:\CCagenda\ZoneChgs&SUP\201 0 cases\ Winkler SUP (well 2"d rdg doc Page 3 of3

76 J.,. City of "": New Braunfels 66 APPLICATION FOR SPECIAL USE PERMIT 424 S. C.4STELL A VENUE N E.W BRAUNFELS T X E-JvfAIL: plallllingciijnbte.r:as.or.z. PHOl'i'E: ( F,;L : ( 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 / 1 /' Z..O _ { tl \ ~v 1 ; 1J (.c::: t-e <::.._ MamngAddress~~~~-~t_.~o- ~~--~fi_lt~-~~:.-~~~~~0~-~~-=~~~~a~:~_-_.~~-= f~/~~~?~~~~-=------==------==-==---- Telephone: ~; \i ~.,z.~.., Fax=--=--=.dMobile:~=-==- =~~~~= -... "~legal Description:, -~ p / 1 -,..,_~2:~ 1 1 ', J 'jl],,"_,.r~;,- ~.:JJ.j- I-1/-{>':!.T'. f-'ia J -~ ::,' _ Name of Subdivision:=~-~; ==-=,.,.,.,;;l=l,~,.i ~...-- _:>_ _?""""'"'~--~ ---=~ ---~-... r...l ~?f.&-;,,; Lot(s:_~----~= Biock(s:=--~=~--~-Acreage: :;,_ ='-\ Existing Use of Property:=,i./~,l,,l ~o;; ~;...' ;...:-::~ ;...,~~~r.==,.:.;..;~v=-: ;, 1 1_<_- = =~-==-~=--~==-~-~ 6. Check if Proposed Special Use Permit is: Type 1,_/_" OR Type 2 =~-----=- 1. Proposed Use of Property and/or Reason for request (attach additional or supporting information if necessary:_==~~--==----==~-~~--~=--~=--=~-=~ 8. ATTACHMENTS: ~ Metes and bounds description or survey and map if property is not platted. J Map of property in relation to City limits/major roadways or surrounding area. ~ If requesting a Type 2 Special Use Permit, spplicant 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. Fee Received By: (~ 1(\LQJc Date For Office Use Only Amount ( p 8' O - Receipt No.: Date Received: -7 -J 5 - (;} D I D Zoning signs issued: Date: No. casheumber: Y C;;. ~l g Case Number: P_Z_IO_-_~_q Z:\Applications\Special Use Permit.DOC ATTACHMENT 1

77 \ ~ -1 Legend Zoning District - APD Agriculture/Pre-Development District - C-48 Resort Facilities District 0 PO Planned Development District D R-1A6.6 Single-family District..., I2'ZJ SUBJECT.,.... City Limits ~ I. II v >> \1 < \ I~~ < \ \ I((C \ \.i>?'?'\» ;f? I '!:!':'_,,City of. PZ Map Created On 8/16/1 ~ ~U New Braunfels Mission Valley Rd. :! SUP- DrUI Water Well for Residential Use

78 Existirlg Land Use Map Legend Existing Land Use C:=J Residential Low Density ~... > 0 ~ Private Recreation.-J Open Space ~SUBJECT i.....! City Limits ~ 1 11 y > > \1 <, >-> r <,,,!If, >,6%/ >-» e< 1 m(j z '--....,.. Cityof..,.~=--- _... ~- ;;! : New Braunfels ',~- PZ Mission Valley Rd. SUP - Drill Wa",, Well for Residential Use ~ \,.._.,/ Map Created On 8/16/11

79 Lahd Use Map > -t -t > 0 :I: :s: J ~ m _ Cityof ~ ~~---- New Braunfels PZ !409 Mission Valley Rd. SUP - Drm Water Well for Residential Use Future Land Use.. Commercial CJ Residential Low Density... ~. ~SUBJECT i....! City Limits Map Created On 8/16/1

80 > -I -1 > 0 ::I: s: m ~ en ~-J _, Cityof ::::;:-.- < New Braunfels....._ PZ Mission Valley Rd. SUP- Drill We'"~- Well for Residential Use \._! \_ Map Created On 8/16/1,

81 PLANNING COMMISSION - SEPTEMBER 7, :00PM New Braunfels Municipal Building, Council Chambers Owner/Applicant: Address/Legal Description: Carolyn Winkler 1409 Mission Valley Rd. REQUEST FOR SPECIAL USE PERMIT- CASE #PZ10-29 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. Chafin, Nancy & Leo et al 2. Hansmann, Leslie 3. Winkler, Carolyn SEE MAP ON REVERSE _ ATTACHMENT 6

82 I Notification Mapl Legend ~SUBJECT CJ 200' Notification Buffer i i City Limits f', City of ~-...New Braunfels ~- \,~/ 1545 PZ Mission Valley Rd. SUP - Drill Wa#,. Well for Residential Use ~~. ;..._,- + s Map Created On 8/16/1'

83 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~zontng-districrconsistency:--t-tre-proposed-use-is -consistentwith-the-generalpurposeand 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 7

84 74 (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; fr (4 Security is posted with the city to ensure performance of an obligation required by the city; or

85 75 (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 p~riod, 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 cha:rrge-;--with--rrotice-to--prop erty-owners-within 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.

86 76 DRAFT PUBLIC HEARINGS EXCERPT FROM PLANNING COMMISSION MINUTES OF SEPTEMBER 7, 2010 Case PZ10-29: Public hearing and recommendation to City Council regarding a Special Use Permit to drill a private water well to be used for residential use at 1409 Mission Valley Road. (Carolyn Winkler Alison Brake stated the property was annexed in 2003 and is zoned "APD." She explained it was originally a 5-acre tract with one house and a water well. It was subdivided in 2002 and the two lots shared one well. Ms. Brake said a new well is needed in order for the property owner to sell one of the lots. The zoning ordinance allows water wells only as part of a public or municipal water system, so a Special Use Permit for the new well is being requested. NBU can require the property owner to tie into the water system if it is available within 300 feet. However, Ms. Brake pointed out the nearest accessible water main is 4400 feet away. She added that no responses were received from the 3 public hearing notices sent, and staff recommended approval of the request. Chair Casteel asked if there was anyone to speak in favor of the Special Use Permit. No one spoke. Chair Casteel asked if anyone wished to speak in opposition. No one spoke. Motion by Commissioner Bearden, seconded by Commissioner Namken, to close the public hearing. The motion carried unanimously. (9-0-0 Shannon Mattingly noted the well will be drilled to the Trinity Aquifer. Motion by Commissioner Namken and seconded by Commissioner Bearden, that Case PZ be forwarded to City Council with a recommendation to approve. The motion carried unanimously. (9-0-0 ATTACHMENT 8

87 77 ORDINANCE NO AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO DRILL A PRIVATE WATER WELL TO BE USED FOR RESIDENTIAL USE AT 1409 MISSION VALLEY ROAD; 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 Special Use Permit meeting those requirements cited in Sections and 3.6-3, Chapter 144, of the New Braunfels Code of Ordinances; and WHEREAS, the closest accessible water line is located 0.82 miles away, which exceeds a reasonable distance for a single-family residence; and WHEREAS, the City Council desires to grant a "Special Use Permit" for 3 acres, located at 1409 Mission Valley Road, to allow the drilling of a private well to be used to for residential use in the "APD Agricultural/Pre Development District"; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS: 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 3 acres, located at 1409 Mission Valley Road and depicted on Exhibit "A", to allow the drilling of a private well to be used to for residential use in the "APD Agricultural/Pre-Development District". SECTION 2 THAT, all provisions of the Code of Ordinances of the City of New Braunfels not herein amended or repealed shall remain in full force and effect.

88 78 SECTION3 THAT, all other ordinances, or parts of ordinances, in conflict herewith are hereby repealed to the extent that they are in conflict. SECTION4 THAT, if any provisions of this ordinance shall be held void or unconstitutional, it is hereby provided that all other parts of the same which are not held void or unconstitutional shall remain in full force and effect. SECTION 5 THIS ordinance will take effect upon the second and final reading of same. PASSED AND APPROVED: First Reading this the 2ih day of September, PASSED AND APPROVED: Second Reading this the 11h day of October, CITY OF NEW BRAUNFELS ATTEST: R. BRUCE BOYER, Mayor ANN SMITH, Interim City Secretary APPROVED AS TO FORM: ALAN C. WAYLAND, City Attorney Z:\Ordinances\Special Use Perrnits\Winkler_well SUP.ord.doc 2

89 -~ / m >< :I: - CJ =i Legend ~SUBJECT J> ::: ~-J Cityof -< New Braunfels 1236 PZ Mission Valley Rd. SUP - Drill Water Well for Residential Use 510 Map Created On 8/16/1

90 I 80 I

91 R1 ~J N~~ Braunfels City Council Agenda Item Report October 11, 2010 Agenda Item No. EY:: Presenter I Contact- Shannon Mattingly, Planning Director ( smattingly@nbtexas.org SUBJECT: Approval of the second and final reading of an ordinance rezoning 0.75 acres out of the J Thompson SUR-21, ABS-608, located at 5255 IH 35 South from "M- 1 Light Industry District" and "APD Agricultural/Pre-Development" to "M-1A Light Industrial District." APPLICANT: CWS Architects 405 N. St. Mary's St., Suite 105 San Antonio, TX BACKGROUND/RATIONALE: The subject property is located inside the City Limits, east of Doppenschmidt Road. A flooring store, used car dealer, a used bus dealer, and River City Refrigeration are located east of the subject property. Tree of Life Church is located west of the property across Doppenschmidt Road. The front portion of the property located off IH 35 is zoned M-1 and was annexed in The remainder of that tract is zoned APD and was annexed in M-1A is intended primarily for the conduct of light manufacturing, assembling and fabrication activities, distribution, warehousing, research and development, wholesaling and service operations that do not typically depend--upon frequent customer-or client - visits. Such uses generally require accessibility to major thoroughfares, major highways, and/or other means of transportation. The applicant is seeking to rezone the subject property to M-1A to provide consistent zoning for the entire parcel. The property is vacant and the property owner is proposing to construct two identical single-tenant office warehouse buildings. The applicant had gone before the City Council to seek an appeal to the non-residential and multifamily design standards exterior building materials requirement and that appeal was granted at the July 26, 2010 City Council meeting. In making a recommendation on zoning, the Council and Commission should consider 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. Page 1 of3

92 City Council unanimously approved the first reading of the ordinance on September 27, General Information: Size: Surrounding Zoning and Land Use: Comprehensive Plan/ Future Land Use Designation: lmprovement(s: 0.75 acres/32,670 square feet North- M-1 I IH 35 South - APD I Agricultural East- M-1 & APD I floor store, used car and bus dealers, and River City Refrigeration West- M-1 & APD I Tree of Life Church The current land use designation is Commercial/1 ndustrial. Vacant Notification: Public hearing notices were sent to three property owners located within 200 feet. No responses were received. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: Yes City Plan/Council Priority: 2006 Comprehensive Plan Pros and Cons Based 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 ~ on Policies _,_P_,_,Ia,._._n. acbiej!ing_better pjaces_lo live~- Ibe _ p rop.erties fronting IH 35 in this area are primarily commercial and industrial in use. An industrial business at this location will provide for integrated mixed land use. Goal 22A The transportation system should adequately accommodate and encourage through traffic on the arterial street system and discourage it on collector and local neighborhood streets. The subject property's proximity to IH 35 and on/off ramps will minimize internal truck traffic. Goal 38E Provide adequate zoning of future development sites in appropriate locations for industrial development served by necessary utilities. The subject property has been identified as appropriate for industrial development. Cons: None. Page 2 of3

93 83 FISCAL IMPACT: N/A BOARD/COMMISSION RECOMMENDATION: The Planning Commission held a public hearing on September 7th, recommended approval of the zone change, unanimously ( and STAFF RECOMMENDATION: Staff recommends approval of the request to rezone as it will provide one zoning for the property, is compatible with the surrounding land uses, and consistent with the goals stated in the Comprehensive Plan. ATTACHMENTS: 1. Application 2. Annexation Map 3. Zoning Map 4. Existing Land Use Map 5. Future Land Use Map 6. Aerial Map 7. Notification Map 8. Sec "M-1A" Light Industrial District 9. Excerpt from Planning Commission Minutes of September 7, Ordinance U:\Pianning\CCAgenda\ZoneChgs&SUP\CWS Architects M-1A 2"d rdg O.doc Page 3 of3

94 J.. City of -~-- Nevv Braunfels ""- 84 APPLICATION FOR ZONE CHANGE 424 S. CASTELL AVENUE NEW BRAVNFELS TX planninr;!t(lnbtexas.or!! 1'1-fON!~. f830! FAX ( ?1(9 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 CWS Architects Mailing Address 405 N. St. Marv's St., Suite 105, San Antonio, tx Telephone: Fax: Mobile: rwatts@cwsarchitects.com 2. Property Addressllocation:-'5::.::2:::::5=5_,_,1."'-'H"-..:.;35~S=ou=t='h~ legal Description: Name of Subdivision: John Thompson Survev No. 21 (see attached Metes and Bounds Survey Lot(s: Block(s: Acreage: ---=0=,:.._'-'-"7 5"' Existing Use of Property:...;v;~a~c:::a!:.n=..t ~-=-~~--~----~-~------==~ 5. Proposed Use of Property (attach additional or supporting information if necessary: The proposed use Is a Warehouse/Office 6. Zoning Change Request: Current Zoning: M-1 & APD ProposedZoning ~M~-1~A~ If ''PDD Planned Development District", check if~ Concept Plan_=~ OR Detail Plan~----- Reason for request (please explain in detail and attach additional pages if needed: The front 213's of properly is zoned M-1 and the back 1/3 of property is zoned APD. Cltv requirements are that the entire --p-nroperty-to-be-developed--must-be-zaned-thlrsame. 8. ATTACHMENTS: J Metes and bounds description or survey and map if property is not platted. J 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. J 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 properly as indicated. -~ ~ Date 7 " For Office Use Only Fee Received By: 1h-ru..J. ~vl.,./ Amount 50{. o Receipt No.: ;&5380 Date Received: g_,_/.::::5~} :...:ro== 'zoning signs issued: Date: &/.5/t 0 Cash/Check Number: I ~ [ 9 Case Number: Pz I D - 33 No. --=-J.- Y:\DAL Y WAREHOUSE\Zone Change.DOC ATTACHMENT 1

95 ] ] \._.,; ~ -4 > 0 :I: 3: m (-J ~ _. Cityof 1'-. :: New Braunfels -._.._._E'!!:::::::::;:;:..;;;, PZ10-33 ~255 IH 35 South "M-1' 1 & "APD" to "M-1A.. Annexation Date 8/10/1981 ~ 9/11/ /24/2001 ~SUBJECT... 11! City. Limits -~~-~ Map Created On 8/13/1(

96 ~ -t > 0 :I: m s:: ~J ~ '< New Braunfels "-v :::::::::;;.. w. Cityof - -- \--- ~~M-1' 1 PZ l255 IH 35 South & "t--~~.. to "M-1A". '-._ Zoning District.. APD Agriculture/Pre-Development District - C-18 General Business District - M-1 Light Industry District - M-1A Light Industrial District... ~SUBJECT - - ;! City Limits \J Map Created On 8/13/10

97 Existing Land Use I I Residential Low Density - Commercial - Industrial,_,Institutional ~ -4 > 0 J ::t S:,..... City of ~ \;t New Braunfels -4 ~ I PZ10-33 ~2551H 35 South "M-1'~ & "APD" to "M-1A"... """"""' Drainage ~SUBJECT Map Created On 8/13/1 c

98 Land Use Map ~ -1 > 0 :I: - ~ r,city of z ~-..New Braunfels -1..., rr en z _. --\ --- "-' PZ ~551H 35 South "M-1'' & "/-- -~.. to "M-1A" '--..._./ Future Land Use -Commercial/Industrial -Institutional - Open-Parks ~SUBJECT Map Created On 8/13/ \ ~~

99 ~ -1 > 0 ::t m _ Cityof 3: ~-J ~ < New Braunfels (' PZ ~55 IH 35 South.. M-1' 1 &.. APD" to "M-1A" Map Created On 8/13/1

100 PLANNING COMMISSION- SEPTEMBER 7, :00PM New Braunfels Municipal Building, Council Chambers Owner/Applicant: CWS Architects for Alvin Kassner Address/Legal Description: 0.75 acres out of the J Thompson SUR-21, ABS-608, located at 52551H 35 South REQUEST FOR ZONING- CASE #PZ10-33 The circled numbers on the map correspond to the property owners listed below. All information is from the Coma! Appraisal District Records. The property under consideration is marked as "SUBJECT". 1. Paniagua, Pablo & Mary 2. Tara, V. 3. Taylor, Frank & Lindy SEE MAP ON REVERSE :.. ATTACHMENT 7

101 -~ ~ CaseParcel D NotificationBuffer... s ~.,Cityof ~~New Braunfels "' 4 ;;;;;. : PZ ~551H 35 South "M-1'i & "APD" to "M-1A" Map Created On 8/13/1

102 "M-1 A" light industrial district. Purpose. The M-1A light industrial district is intended primarily for the conduct of light manufacturing, assembling and fabrication activities, distribution, and for warehousing, research and development, wholesaling and service operations that do not typically depend upon frequent customer or client visits. Such uses generally require accessibility to major thoroughfares, major highways, and/or other means of transportation. The following regulations shall apply in all "M-1A" 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 Bed and breakfast inn (see Sec. 5.5 Boardinghouse/lodging house Community home (see definition Dormitory (in which individual rooms are for rental Multifamily (apartments/condominiums- at least five units Residential use in buildings with the following non-residential uses Non-residential uses: Accounting, auditing, bookkeeping, and tax preparations Adult day care (no overnight stay Adult day care (with overnight stay Aircraft support and related services Airport All terrain vehicle (ATV Dealer I Sales Ambulance service (private Amphitheater p;musement a'=ev.,.lc=e=-~starcaae(fourormote-devices} Amusement services or venues (indoors (see Sec Amusement services or venues (outdoors Animal grooming shop Answering and message services Antique shop Appliance repair Archery range Armed services recruiting center Art dealer I gallery Artist or artisan's studio Assembly/exhibition hall or areas Athletic fields Auction sales (non-vehicle Auto body repair, garages (see Sec Auto glass repair/tinting (see Sec Auto interior shop I upholstery (see Sec Auto leasing Auto muffler shop (see Sec Auto or trailer sales rooms or yards (see Sec Auto or truck sales rooms or yards- primarily new (see Sec Auto paint shop Auto repair as an accessory use to retail sales Auto repair garage (general (see Sec ATTACHMENT 8

103 93 Auto supply store for new and factory rebuilt parts Auto tire repair /sales (indoor Automobile driving school (including defensive driving Bakery (retail Bank, savings and loan, or credit union Barber/beauty college (barber or cosmetology school or college Barber/beauty shop, haircutting (non-college Barns and farm equipment storage (related to agricultural uses Battery station Bicycle sales and/or repair Billiard I pool facility Bio-medical facilities Blacksmith or wagon shops Book binding Book store Bottling or distribution plants (milk Bottling works Bowling alley/center (see Sec Broadcast station (with tower (see Sec. 5.6 Bus barns or lots Bus passenger stations Cafeteria I cafe I delicatessen Campers' supplies Campground Car wash (self service; automated Car wash, full service (detail shop Carpenter, cabinet, or pattern shops Carpet cleaning establishments Caterer Cemetery and/or mausoleum Check cashing service Chemical laboratories (not producing noxious fumes or odors churchtplace of religious ass-embll( Civic/conference center and facilities Cleaning, pressing and dyeing (non-explosive fluids used Clinic (dental Clinic (emergency care Clinic (medical Club (private Coffee shop Cold storage plant Commercial amusement concessions and facilities Communication equipment - installation and/or repair Community building (associated with residential use Computer and electronic sales Computer repair Confectionery store (retail Consignment shop Contractor's office/sales, with outside storage including vehicles Contractor's temporary on-site construction office (only with permit from Official; see Sec. 5.9 Convenience store with gas sales Convenience store without gas sales Credit agency Curio shops Custom work shops Building

104 94 Dance hall I dancing facility (see Sec Day camp Department store Drapery shop I blind shop Driving range Drug sales/pharmacy Electrical repair shop Electrical substation Electronic assembly/high tech manufacturing Electroplating works Engine repair/motor manufacturing re-manufacturing and/or repair Exterminator service Fair ground Farmers market (produce market- wholesale 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 Feed and grain store Filling station (gasoline tanks must be below the ground Florist Food or grocery store with gasoline sales Food or grocery store without gasoline sales Food processing (no outside public consumption Forge (hand Forge (power Fraternal organization/civic club (private club Freight terminal, rail/truck (when any storage of freight is outside an enclosed building Freight terminal, truck (all storage of freight in an enclosed building Frozen food storage for individual or family use Funeral home/mortuary Furniture manufacture Furniture sales (indoor ~----GalvaniZin-g-wo-rKs Garden shops and greenhouses Golf course (public or private Golf course (miniature Governmental building or use (state/federally owned and operated Greenhouse (commercial Handicraft shop Hardware store Health club (physical fitness; indoors only Heating and air-conditioning sales I services Heavy load (farm vehicle sales/repair (see Sec Heliport Home repair and yard equipment retail and rental outlets Hospital, general (acute care/chronic care Hospital, rehabilitation Hotel/motel Hotels/motels- extended stay (residence hotels Ice delivery stations (for storage and sale of ice at retail only Ice plants Industrial laundries Kiosk (providing a retail service Laboratory equipment manufacturing Laundromat and laundry pickup stations Laundry, commercial (w/o self serve /

105 95 Laundry/dry cleaning (drop off/pick up Laundry/washateria (self serve Lawnmower sales and/or repair Leather products manufacturing Light manufacturing Limousine I taxi service Locksmith Lumberyard (see Sec Lumberyard or building material sales (see Sec Machine shop Maintenance/janitorial service Major appliance sales (indoor Manufactured home sales Manufacturing and processes Market (public, flea Martial arts school Medical supplies and equipment Metal fabrication shop Micro brewery (onsite manufacturing and sales Mini-warehouse/self storage units (no outside boat and RV storage permitted Mini-warehouse/self storage units with outside boat and RV storage Motion picture studio, commercial film Motion picture theater (indoors Motion picture theater (outdoors, drive-in Motorcycle dealer (primarily new I repair Moving storage company Moving, transfer, or storage plant Municipal use owned or operated by the City of New Braunfels, including libraries Museum Needlework shop Non-bulk storage of gasoline, petroleum products and liquefied petroleum Nursing/convalescent home/sanitarium ~-----~ o-ffices, brokerage service-s~----~-----~----~ ~--- Offices, business or professional Offices, computer programming and data processing Offices, consulting Offices, engineering, architecture, surveying or similar Offices, health services Offices, insurance agency Offices, legal services - including court reporting Offices, medical offices Offices, real estate Offices, security/commodity brokers, dealers, exchanges and financial services Outside storage (as primary use Park and/or playground (private Park and/or playground (public Parking lots (for passenger car only (not as incidental to the main use Parking structure I public garage Pawn shop Personal watercraft sales (primarily new I repair Pet shop I supplies (10,000 sq. ft. or less Pet store (more than 10,000 sq. ft. Photo engraving plant Photographic printing/duplicating/copy shop or printing shop Photographic studio (no sale of cameras or supplies Photographic supply

106 96 Plant nursery Plant nursery (growing for commercial purposes with retail sales on site Plastic products molding/reshaping Plumbing shop Portable building sales Propane sales (retail Public recreation/services building for public park/playground areas Publishing/printing company (e.g., newspaper Quick lube/oil change/minor inspection Radio/television shop, electronics, computer repair Rappelling facilities Recreation buildings (private Recreation buildings (public Recycling kiosk Refreshment/beverage stand Research lab (non-hazardous Restaurant Restaurant/prepared food sales Retail store and shopping center (more than 50,000 sq. ft. bldg. Retail store and shopping center without drive thru service (50,000 sq. ft. bldg. or less Rodeo grounds RV park RV/travel trailer sales School, K-12 (public or private School, vocational (business/commercial trade Security monitoring company Security systems installation company Sheet metal shop Shoe repair shops Shooting gallery- indoor (see Sec Shopping center ~stgn-manufa-ctarin-g1p-ainting-plant Specialty shops in support of project guests and tourists. Storage - exterior storage for boats and recreational vehicles Storage in bulk Studio for radio or television (with tower (see Sec. 5.6 Studios (art, dance, music, drama, reducing, photo, interior decorating, etc. Tailor shop Tattoo or body piercing studio Taxidermist Telemarketing agency Telephone exchange (office and other structures Tennis court (commercial Theater (non-motion picture; live drama Tire sales (outdoor Tool rental Tourist court Transfer station (refuse/pick-up Travel agency Truck garden (with retail sales Truck or transit terminal (with outside storage University or college (public or private Upholstery shop (non-auto Used or second hand merchandise/furniture store Vacuum cleaner sales and repair

107 97 Veterinary hospital (no outside animal runs or kennels Veterinary hospital (with outdoor animal runs or kennels Video rental/ sales Warehouse I office and storage I distribution center Waterfront amusement facilities - berthing facilities sales and rentals Waterfront amusement facilities - boat fuel storage I dispensing facilities Waterfront amusement facilities - boat landing piers/launching ramps Waterfront amusement facilities- swimming I wading pools I bathhouses Water storage (surface, underground or overhead, water wells and pumping stations that are part of a public or municipal system Welding shop Wholesale sales offices and sample rooms Woodworking shop (ornamental Any comparable business or use not included in or excluded from any other district described herein, provided that such use is not noxious or offensive by reason of vibration, noise, odor, dust, smoke or gas. (2 Only the following manufacturing and processes are permitted when they meet the following requirements: No use is permitted that would emit or cause radiation, dust, odor, smoke, gas or fumes objectionable to persons of ordinary sensitivity or reasonably hazardous to health, beyond the boundary property lines of the lot or tract upon which the use is located, and which do not generate noise or vibration at the boundary of the M-1A district which is generally perceptible in frequency or pressure above the ambient level of noise in the adjacent areas. Assaying works Cooperage works Foundries (iron, brass, bronze, aluminum. Hides and skins (storage and curing ~-----~ 'ManufaCture of aact1ng mactlines, ca-stlre-gi-ste-rs-,-typ-ewriters~ ba-sket-m-ateriat,--b-oxes-, electric lamps, clay, shale and glass products, cutlery toots, bicycles, electrical machinery, tools, fiberglass products, and piping subassemblies Metal stamping, shearing, punching, forming, cutting, cleaning, heat treating, etc. Sheet metal shops Welding (3 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 Non-residential uses. (i Height. 120 feet. (ii Front building setback. 25 feet. (iii Side building setback. No side building setback is required. (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

108 98 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. 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 (v Residential setback. Where a non-residential building abuts a one or two family use or zoning district, the setback from the residential property line shall be at least 20 feet plus one foot for each foot of building height over 20 feet. (vi Rear building setback. 20 feet. (vii Width of lot. 60 feet. (viii Lot depth feet. (ix Parking. See Sec. 5.1 for permitted uses' parking. (2 Multifamily dwellings. (i Height. 35 feet. (ii Front building setback. 25 feet. (iii Side building setback. A side building setback six feet shall be provided. 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 shcillllave 20-footsraeouiloing setoaci<s-aojacenrtotnestreetwhennh-erear 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. 25 feet. (v Residential setback. Effective November 8, 2006, where a multifamily dwelling abuts a one or two family use or zoning district, 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. (vi Accessory uses. Accessory uses such as swimming pools, tennis courts and playgrounds will not be permitted within any required yard. (vii Width of lot. The minimum width of an interior lot shall be 60 feet and the minimum width of a corner lot shall be 72 feet. (viii Density. 24 units per acre. (ix Lot area. 20,000 square feet.

109 99 (x Lot coverage. The combined area of all yards shall be at least 50 percent of the total lot or tract; provided however, that in the event enclosed or covered parking is provided, the minimum total yard area requirement shall be 40 percent of the total lot or tract. (xi Distance between structures. There shall be a minimum of 10 feet between structures side by side; a minimum of 20 feet between structures side by front or rear; a minimum of 40 feet between structures front to front; and a minimum of 20 feet between structures backing rear to rear, and a minimum of 20 feet between structures front to rear. (See illustration 1 (xi Minimum number of units. Five. (xii Parking. For apartments, apartment hotel units and other multifamily dwellings, offstreet parking spaces shall be provided in accord with the following schedule: 1. One-bedroom apartment or unit /2 spaces 2. Two-bedroom apartment or unit... 2 spaces 3. Each Additional bedroom... 1/2 space 4. Each dwelling unit provided exclusively for low income elderly occupancy... 3/4 space ("Low income elderly" is defined as any person 55 years of age or older with low or moderate income, according to HUD standards. See Section 5.1 for other permitted uses' parking.

110 100 DRAFT EXCERPT FROM PLANNING COMMISSION MINUTES OF SEPTEMBER 7, 2010 PUBLIC HEARINGS Case PZ10-33: Public hearing and recommendation to City Council regarding the proposed rezoning of 0.75 acres out of the J Thompson SUR-21, ABS-608, located at 5255 IH 35 South from "M-1" Light Industry District and "APD" Agricultural/Pre-Development to "M-1A" Light Industrial District. (CWS Architects Alison Brake explained the front portion of this property was annexed in 1981 and zoned "M-1," while the remainder was annexed in 2001 and is zoned "APD." She said the applicant plans to develop the property and is requesting "M-1A" to provide consistent zoning across the tract. Ms. Brake noted that City Council approved deviations from the exterior building material standards for two office warehouse buildings on this property. She stated three public hearing notices were sent and no responses in favor or opposition were received. Staff recommended approval of the request as it would provide a single zoning designation on the property and is consistent with goals of the Comprehensive Plan. Chair Casteel asked if anyone wished to speak in favor of the rezoning. No one spoke. Chair Casteel asked if anyone wished to speak in opposition. No one spoke. Motion to close the public hearing was made by Commissioner Massouh and seconded by Vice Chair Elrod. The motion carried unanimously. (9-0-0 Vice Chair Elrod moved to forward Case PZ to City Council with a recommendation to approve. Commissioner Hoyt seconded and the motion carried unanimously. (9-0-0 ATTACHMENT 9

111 101 ORDINANCE NO AN ORDINANCE REZONING ACRES, LOCATED AT 5255 IH 35 SOUTH, FROM "M-1 LIGHT INDUSTRY DISTRICT" AND "APD AGRICUL TURAUPRE-DEVELOPMENT DISTRICT" TO "M-1A LIGHT INDUSTRIAL 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 "M-1A Light Industrial 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 at 52551H 35 South, from "M-1 Light Industry District" and "APD Agricultural/Pre-Development District" to "M-1A Light Industrial 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 Industry District" and "APD Agricultural/Pre-Development District" to "M-1 A Light Industrial District": "0.75 acres, located at 5255 IH 35 South, and as delineated on Exhibit 'A' attached." 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

112 102 SECTION 5 THIS ordinance will take effect upon the second and final reading of same. PASSED AND APPROVED: First Reading this the 27th day of September, PASSED AND APPROVED: Second and Final Reading this the 11 1 h day of October, CITY OF NEW BRAUNFELS R. BRUCE BOYER, Mayor ATTEST: ANN SMITH, Interim City Secretary APPROVED AS TO FORM: ALAN C. WAYLAND, City Attorney Z:\Ordinances\Zone Changes\CWS Architects M-1A.doc 2

113 ~ '11"' -- '11"' : , Legend... ~SUBJECT i... i City Limits ~ :X: ffi =i f'.,cityof ~ ~-..New Braunfels PZ IH 35.South I 1.. M-1" & "APD" to "M-1A.. rn Map Created On 8/13/1

114 104

115 tjri%~braunfels City Council Agenda Item Report OCTOBER 11, Agenda Item No. 3J Presenter I Contact- Shannon Mattingly, Planning Director ( smattingly@nbtexas.org SUBJECT: Approval of the second and final reading of an ordinance rezoning 0.32 acres, located at the corner of Cloud Lane and SH 46 South, from "R-2" Single & Two-Family District to "C-1 B" General Business District. APPLICANT: HN Seidel46, Ltd. 421 S. Seguin Avenue New Braunfels, TX BACKGROUND/RATIONALE: The subject property is located on the southeast corner of Cloud Lane and SH 46 South. The majority of the property is zoned R-2 with roughly 600 square feet zoned C-1. The property owner is requesting a zone change to C-1 B to reflect the most likely use of the property as commercial as this is the only parcel on this block that is not zoned C-1. The acres directly across SH 46, in front of the Cap Rock Subdivision, was rezoned to C-1 B in The proposed zoning is consistent with the existing zoning of the majority of the parcels adjacent to SH 46. The City Council held a public hearing and first reading of the ordinance on -- ~september 27' 201 o-arla-unanirriouslyapproved (6-::0-0. GENERAL INFORMATION: Case#: Size: Surrounding Zoning and Land Use: PZ acres North - "C-1 B" General Business District across SH 46 I Vacant South - "C-1" Local Business District and "R-2" Single & Two-Family District across Cloud Lane I Storage Yard East- "C-1" Local Business District/ Single-Family Residential West- "R-2" Single & Two-Family District across Cloud Lane I Single-Family Residential Comprehensive Plan/ Future Land Use Designation: Commercial Page 1 of3

116 106 lmprovement(s: Vacant NOTIFICATION: Public hearing notices were sent to 5 property owners located within 200 feet. One response has been returned in favor (# 2 and no responses have been returned in opposition. 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 1 A Evaluate proposed zone changes to maintain land use compatibility, as well as the integration of mixed land uses as a component of achieving better places to live. The proposed zone change will allow for compatible uses that exist in the current mixed use area. Goal 11 Industrial and commercial development should be planned and designed to avoid truck access through residential neighborhoods. The property is located on SH 46, a major arterial. Truck traffic will not be required to utilize streets within a residential neighborhood. Goal 28 Enable residents to live within walking or a short commuting distance from their work, - -- school, and shopping. The nearby residents and future residents will be able to walk and/or drive a short distance to potential commercial establishments. Goal 20 Approve rezoning that provides for a mix of land uses. The proposed zoning district allows a mix of land uses. Cons: None FISCAL IMPACT: N/A BOARD/COMMISSION RECOMMENDATION: The Planning Commission held a public hearing on September 7, 2010 and unanimously recommended approval of the zone change, ( Page 2 of3

117 107 STAFF RECOMMENDATION: Staff recommends, approval of the proposed zoning, which is compatible with development in the area and consistent with goals stated in 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. Survey 8. Sec "C-1 B General Business District" 9. Excerpt from Planning Commission Minutes of September 7, Ordinance U:\ZoneChange-SUP-Replats\201 0 cases\pz HN Seide146 C-1 B_2ndReading.doc Page 3 of3

118 [;J N~ Braunfels...,? 108 I A P P L [ C <\. lf J 0 N f' 0 R ZONE CHANGE 424 S. CASTELL AVENUE NEW BRAUNFELS TX planning~pnbtexas.org PHONE: r830j F IX ( :!/09 1. Applicant Q If owner(s, so state; If agent or other type of relationship, a letter of authori:l!!ation must be furnished from owner(s at the time submitted. Name UN!"etti.~L <;l,, L1C/.. Mailing Address <.f: '2-{ ' J. J -q,. /1.. fi11i.e. t./.6,., ~FJ> i 11/JtJ Telephone: 6X, 806 C Fax: &he'j lj J Mobile: I312.-J'8?1 ~ 2. Property Address/Location: Hw v if b ~ C ltj v lj h~ f 3. Legal Description: Name of Subdivision: o.2'2. A0.1 L ttb7a- tlatflfjj Lor Lot(s: Block(s: Acreage: tj.!z. 4. Existing Use of Property: 4~~Nt I 5. Proposed Use of Property (attach additional or supporting information if necessary:=~-~~e. Zoning Change Request: Current Zoning:C l a R -1 Proposed Zoning d._-...;.~~/8.:. If "POD Planned Development District", check if: Concept Plan_=_ OR Detail Plan~ Reason for requestjplease explain in detail and attach additional pages if needed: c.haaj.y&-e9nt;iv~-fi---#e-ft.l-bt"-b1ad kt<1uj ljs-t. 8. ATTACHMENTS: / Metes and bounds description or survey and map if property is not platted. Location in 1 00-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 11x17 of the revisions. Forr Office Use Only Fee Received By: /-h~l..-.r" Amount...::5:::::...:.tf-...:.:'-"-"' ReceiptNo.: /8 58CJ + Date Received: '3/ I{= /1 Q Zoning signs issued: Date: No. Cash/Check Number: Case Number: P_Z_l0_-_3_..5 U :\Pianning\Applicalions\Zone Change.DOC ATTACHMENT 1

119 Legend Csubjed: c:::::jparcels ~e..,citylimlts Zoning Districts -M-1A -APD 0R 1A6.6 D ' ~II=:. I ~.m -.: 0 :t r, City of ~~~New Braunfels z" _... 1'- PZ10-35 H N Seidel 46, Ltd. Oi.32 Acres on SH 46 South R-2 & C-1 to C-1 B Feet Map Created 8/26/ I I I I I Scale

120 : g Land Use Map ~ ~ :X: 12:JsubJed:..,.. Legend CltyUmlts Drainage c::j Residential Low Density -Cammerclal -Industrial (LJtnslllutional -Open Space ~ r,cityof ~ ~.. New Braunfels w '"'-/ PZ10-35 H N Seidel 46, Ltd. 0.:32 Acres on SH 46 South Rt ~.C-1 to C-18 \_ Feet Map Created 8/26/10 I I I I I Scale (} '-.._/

121 ,317 > Legend JZ:::llsub]ect c=jpareels t.:_,!cltyllmlts Future Land Use,I Res low Density -Commercial -Industrial 0MbledUse ~ ' ~ > (..,. ('.. -1 City of i5..._.new Braunfels m "" ;;;::;;:;:. z ~ ~ PZ10-35 H N Seidel 46, Ltd Acres on SH 46 South R-2 & C-1 to C-1 B Feet Map Created 8/26/ I I I I I Scale

122 Subject c=l Parcels ~ > g;:- '.,.. ~ ~,.,Cityof!!: ~-..New Braunfels ~ ~11!!!:::::::= en ( ~,, ~ PZ10-35 H N Seidel46, Ltd Acr:es on SH 46 South R\._ C-1 to C-1 B Feet I I I I I Scale. ; ~ Map Created 8/27/1

123 I 113 PLANNING COMMISSION- SEPTEMBER 7, :00PM New Braunfels Municipal Building, Council Chambers Owner/Applicant: Address/Legal Description: H N Seidel, Ltd 0.32 acres located at the corner of Cloud Lane and SH Hwy 46 S REQUEST FOR ZONING- CASE #PZ10-35 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. Noble, Daun Jon 3. McKean, Roy & Janice 5. Henry, JW 2. H N Seidel46 Ltd. 4. Caballero, Reyes ~ SEE MAP ON REVERSE ATTACHMENT 6

124 .J Notification Map,151 0 ~~ ~~ ~«; 9.<(;-~,152, , " 1-".1::>. legend G,1425 ~Subject D Parcels CJ Notification Area,1430 W*E s r-, City of ~i.j New Braunfels "" e _,... ~. PZ10-35 H N Seidel 46, Ltd Acres on SH 46 South R - ~ C=1 to C=1 B..., Feet I I I I I Scale '-_,/

125 : a to lit ~ I ~~ Oe =~..: ~ ~ ~~01 5'~' 0&- s a~ N Z'O... ~ ~ 9'1' 9~,. -~I,BO.J~ N 3 '~ a 4a a.e ,e_ 88'.,. fij ~~ ~ ~ ATTACHMENT 7

126 "C-18" general business district. Purpose. The general business district is established to provide areas for a broad range of office and retail uses. This district should generally consist of retail nodes located along or at the intersection of major collectors or thoroughfares to accommodate high traffic volumes generated by general retail uses. The following regulations shall apply in aii"c-1 B" 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 Assisted living facility/retirement home Bed and breakfast inn Non-residential uses: Accounting, auditing, bookkeeping, and tax preparations Adult day care (no overnight stay Adult day care (with overnight stay All terrain vehicle (A TV dealer I sales Ambulance service (private Amphitheater Amusement devices/arcade (four or more devices Amusement services or venues (indoors Amusement services or venues (outdoors Animal grooming shop Answering and message services --~Antiqueshep Appliance repair Armed services recruiting center Art dealer I gallery Artist or artisan's studio Assembly/exhibition hall or areas Athletic fields Auction sales (non-vehicle Auto body repair, garages (see Sec Auto glass repair/tinting (see Sec Auto interior shop I upholstery (see Sec Auto leasing Auto muffler shop (see Sec Auto or trailer sales rooms or yards ((see Sec Auto or truck sales rooms or yards - primarily new (see Sec Auto paint shop (see Sec Auto repair as an accessory use to retail sales (see Sec Auto repair garage (general (see Sec Auto supply store for new and factory rebuilt parts Auto tire repair /sales (indoor Community home {see definition Hospice Automobile driving school {including defensive driving Bakery (retail Bank, savings and loan, or credit Barber/beauty college (barber or cosmetology school or college Barber/beauty shop, haircutting (non-college Barns and farm equipment storage (related to agricultural uses Battery station Bicycle sales and/or repair Billiard I pool facility Bingo facility Bio-medical facilities Seek-binding- Book store Bowling alley/center (see Sec Broadcast station (with tower (see Sec. 5.6 Bus barns or lots Bus passenger stations Cafeteria I cafe I delicatessen Campers' supplies Car wash (self service; automated Car wash, full service (detail shop Carpenter, cabinet, or pattern shops Carpet cleaning establishments Caterer Cemetery and/or mausoleum Check cashing service Child day care/children's nursery (business Church/place of religious Assembly Civic/conference center and facilities Cleaning, pressing and dyeing (non-explosive fluids used Clinic (dental Clinic (emergency care Clinic {medical Club (private ATTACHMENT 8

127 117 Coffee shop Commercial amusement concessions and facilities Communication equipment- installation and/or repair Computer and electronic sales Computer repair Confectionery store (retail Consignment shop Contractor's temporary on-site construction office (only with permit from Building Official; see Sec. 5.9 Convenience store with gas sales Convenience store without gas sales Country club (private Credit agency Curio shops Custom work shops Dance hall/ dancing facility (see Sec Day camp Department store Drapery shop I blind shop Driving range Drug sales/pharmacy Electrical repair shop Electrical substation Exterminator service Farmers market (produce market - wholesale 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} -FeeEI-and~g rain-stere ~ ~. - Filling station (gasoline tanks must be below the ground} Florist Food or grocery store with gasoline sales Food or grocery store without gasoline sales Fraternal organization/civic club (private club} Frozen food storage for individual or family use Funeral home/mortuary Furniture sales (indoor} Garden shops and greenhouses Golf course (public or private Golf course (miniature} Governmental building or use (state/federally owned and operated} Greenhouse Handicraft shop Hardware store Health club (physical fitness; indoors only Heavy load (farm vehicle sales/repair (see Sec. 5.13} Home repair and yard equipment retail and rental outlets Hospital, general (acute care/chronic care Hospital, rehabilitation Hotel/motel Hotels/motels - extended stay (residence hotels} Ice delivery stations (for storage and sale of ice at retail only} Kiosk (providing a retail service} Laundromat and laundry pickup stations Laundry, commercial (w/o self serve Laundry/dry cleaning (drop off/pick up Laundry/washateria (self serve} Lawnmower sales and/or repair Limousine I taxi service Locksmith Maintenance/janitorial service Major appliance sales (indoor} Martial arts school Medical supplies and equipment Micro brewery (onsite manufacturing and sales} Mini-warehouse/self storage units with outside boat and RV storage Mini-warehouse/self storage units (no outside boat and RV storage permitted} Motion picture studio, commercial film Motion picture theater (indoors} Motion picture theater (outdoors, drive-in} Motorcycle dealer (primarily new I repair} Moving storage company Municipal use owned or operated by the City of New Braunfels, including libraries Museum Needlework shop Nursing/convalescent home/sanitarium ~ -~Offices,-brokerage services Offices, business or professional Offices, computer programming and data processing Offices, consulting Offices, engineering, architecture, surveying or similar Offices, health services Offices, insurance agency Offices, legal services - including court reporting Offices, medical offices Offices, real estate Offices, security/commodity brokers, dealers, exchanges and financial services Park and/or playground (public or private Parking lots (for passenger car only} (not as incidental to the main use Parking structure I public garage Pawn shop Personal watercraft sales (primarily new I repair Pet shop I supplies (10,000 sq. ft. or less Pet store (more than 10,000 sq. ft. Photographic printing/duplicating/copy shop or printing shop Page 2 of4

128 118 Photographic studio (no sale of cameras or supplies Photographic supply Plant nursery Plant nursery (retail sales I outdoor storage Plumbing shop Portable building sales Public recreation/services building for public park/playground areas Publishing/printing company (e.g., newspaper Quick lube/oil change/minor Inspection Radio/television shop, electronics, computer repair Recreation buildings (private Recreation buildings (public Recycling kiosk Refreshment/beverage stand Research lab (non-hazardous Restaurant Restaurant/prepared food sales Retail store and shopping center (more than 50,000 sq. ft. bldg. Retail store and shopping center without drive thru service (50,000 sq. ft. bldg. or more Retirement home/home for the aged RV park RV!travel trailer sales School, K-12 (public or private School, vocational (business/commercial trade Security monitoring company Security systems installation company (with outside storage. -Shoe-repair-shops----- Shooting gallery- indoor (see Sec Shopping center Sign manufacturing/painting plant Specialty shops in support of project guests and tourists Storage - exterior storage for boats and RVs Studio for radio or television (without tower Studios (art, dance, music, drama, reducing, photo, interior decorating, etc. Tailor shop Tattoo or body piercing studio Taxidermist Telemarketing agency Telephone exchange buildings (office only Tennis court (commercial Theater (non-motion picture; live drama Tire sales (outdoors Tool rental Tourist court Travel agency Truck garden (no retail sales University or college (public or private Upholstery shop (non-auto Used or second hand merchandise/furniture store Vacuum cleaner sales and repair Veterinary hospital (no outside animal runs or kennels Video rental I sales Waterfront amusement facilities - swimming I wading pools I bathhouses Water storage (surface, underground or overhead, water wells and pumping stations that are part of a public or.. municipal-system- -- Wholesale sales offices and sample rooms Woodworking shop (ornamental Any comparable business or use not included in or excluded from any other district described herein. (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 Height. 75 feet. (2 Front building setback. 25 feet. (3 Side building setback. No side building setback is required except that where a side line of a lot in this district abuts upon the side line of a lot in any residential zone, a side building setback of not less than six feet shall be provided. (4 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 Page 3 of4

129 119 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. Garage setback. Where a driveway is located in front of a garage, the garage shall be setback 20 feet from the right-of-way or the driveway to the garage shall be at least 20 feet long to provide enough space for a vehicle to park without overhanging into the rightof-way, if the garage door is closed. (See illustration 8 in Sec (5 Residential setback. Effective November 8, 2006, where any building abuts a one or two family use or zoning district, 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. (6 Rear building setback. 20 feet. (7 Width of Jot. 60 feet. (8 Lot depth feet. (9 Parking. See Section 5.1 for permitted uses' parking. Page 4 of4

130 120 PUBLIC HEARINGS EXCERPT FROM PLANNING COMMISSION MINUTES OF SEPTEMBER 7, 2010 DRAFT Case PZ1 0-35: Public hearing and recommendation to City Council regarding the proposed rezoning of 0.32 acres, located at the corner of Cloud Lane and SH 46 South, from "C~1" Local Business District and "R-2" Single & Two-Family District to "C-1B" General Business District. (HN Seidel46, Ltd. Matt Greene stated the majority of the subject property is zoned "R-2," with about 600 square feet zoned "C-1." He said the applicant is requesting "C-1 B" zoning to reflect the most likely use of the property, as it is the only parcel on the block without commercial zoning. Mr. Greene pointed out the request is consistent with area zoning and the Future Land Use Plan. He added that public hearing notices were sent to five property owners within 200 feet, and one response in favor (#2 was received. Staff recommended approval of the rezoning as it is consistent with goals stated in the Comprehensive Plan and compatible with development in the area. Chair Casteel asked if anyone wished to speak in favor of the request. No one spoke. Chair Casteel asked if there was anyone to speak in opposition. No one spoke. Motion to close the public hearing was made by Commissioner Perez and seconded by Commissioner Bearden. The motion carried unanimously. (9-0-0 Motion by Commissioner Myrick, seconded by Vice Chair Elrod, to forward Case PZ to City Council with a recommendation for approval. The motion carried unanimously. (9-0-0 ATTACHMENT 9

131 121 ORDINANCE NO AN ORDINANCE REZONING 0.32 ACRES, LOCATED AT THE CORNER OF CLOUD LANE AND SH 46 SOUTH, FROM "R-2" SINGLE AND TWO FAMILY DISTRICT AND "C-1" LOCAL BUSINESS DISTRICT TO "C-1 B" GENERAL BUSINESS 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 "C-1 B" General Business 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 a 0.32 acre tract of land located at the corner of Cloud Lane and SH 46 South, from "R-2" Single and Two Family District and "C-1" Local Business District to "C-1 B" General Business District; now, therefore; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS: SECTION 1 ---THA"F-Sections-1-:2~1 and-1~2~2~-ghapter-144, of--the New-Braunfels-Gode of Ordinanees and particularly the Zoning Map of the City of New Braunfels, are amended by changing the following described tract of land from "R-2" Single and Two Family District and "C-1" Local Business District to "C-1 B" General Business District: "A 0.32 acre tract of land located at the corner of Cloud Lane and SH 46 South, as delineated on Exhibit "A" and described in Exhibit "B". SECTION 2 THAT all provisions of the Code of Ordinances of the City of New Braunfels not herein amended or repealed shall remain in full force and effect. SECTION 3 THAT all other ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent that they are in conflict.... ~ 1

132 I ~ 122 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 2ih day of September, PASSED AND APPROVED: Second and Final Reading this the 11 1 h day of October, 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\Zone Changes\HN Seidel46 C-1 B.doc 2

133 : - '0 e I Ire ~ ~01 ~.o~ N I ~ =~.: ~ 02 b ~ ' e~ z~ ~ ~ J ~~ a <~a a.e r S'" '8W'.I...».!I ~ ~a I.. _!0 "' - ~~=~ IJ!t~.ee- " I lflj ~ q~oii.y.tvy7 untffjo&j EXHIBIT "A" e ~ fij ~ ~

134 u S. CRAIG f.j_~lmig, INC. CONSULTING ENGINEERS- SURVEYORS 410 N. SEGUIN STREET NEW BRAUNFELS, TEXAS TEXAS SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN SOCIETY OF CIVIL ENGINEERS TEXAS SURVEYORS ASSOCIATION TELEPHONE: ( FAX: ( WATER SYSTEMS SEWER SYSTEMS SUBDIVISIONS LAND PLANNING STREETS SURVEYING FIELD NOTES FOR A 0.32 ACRE TRACT Being a 0.32 acre tract ofland out of Subdivision No. 108 of the A.' M. Esnaurizar Eleven League Grant, Guadalupe County, Texas, and being out of a tract called 0.37 acres, called Second Tract, described in Volume 458, Page 584 of the Deed Records of Guadalupe County, Texas, and all bearings referred to in this description are rotated to and referenced to a bearing ofn 51 23' 49" W between highway disc monuments found along the Northeast line of State Highway 46, said 0.32 acre tract ofland surveyed under the supervision of Richard A. Goodwin, RPLS #4069, S. Craig Hollmig, Inc., and being more particularly described as follows: BEGINNING: At a ~" iron pin set in the Southwest line of State Highway 46, for the East comer of the above referenced acre tract, for the East comer of this tract, said point beings 43 32' 15" W feet from a bent W' iron pin found at the South comer of a tract called First Tract, called acres, also described in Volume 458, Page 584 of the Deed Records of Guadalupe County, Texas; TIIENCE: Leaving the Point of Beginning, along the Southeast line of the above referenced 0.37 acre tract, the Northeast line of a tract called acres recorded in y~~e ~26, Pag~-1?9 of the Q~c! Records of Guadalupe County,_Th:Kas,_S_AS~ S_8~J2" W feet to a Yz" iron pin set in the Easterly line of a road, called Cloud Lane, called County Road No. 131, for the South comer of this tract; THENCE: Along the Easterly line of Cloud Lane, N 00 54' 16" W feet to a highway disc monument found at a flare comer of State Highway 46, for the Northwest comer of this tract; THENCE: Along said flare line, N 71 08' 11" E feet to a highway disc montiment found at the intersection of said flare line, with the Southwest line of State Highway 46, for the Northeast comer of this tract; THENCE: Along the Southwest line of State Highway 46, in a curve to the right, having a central angle of02 32' 02" 1 a radius of feet, an arc length of feet~ and a chord bearing and distance ofs 35 06' 18" E feet to the Point of Beginning and containing 0.32.acres of land, more or less. OF.,. ~... ~'l!...l ~~ :\ S T g,;.. T.::. The foregoing field notes represent the results of an on,the.. ground survey ~de unde ~~ ~~ '! my supervision, January 24, Reference plat prepared of this 0.32 acte tract., R~DAGOODWIN J (.""" S:' ~ X ifii'~""'"-h -: ' 4 \ \. \... " ('\ 4069,.~ "' -.. '.:-> v.~,j. \!..._..,..._, ~~,.ESS\ "'"o.. o~~,;, ~...-JIJ Job # (0.32 Richard A. Goodwin, RPLS #406~ ~ "-iii;-~ EXHIBIT "B"

135 125 ~-,Cityof ~-.New Braunfels City Council Agenda Item Report October 11, 2010 Agenda Item No. 3-K Presenter/Contact- Jim Klein, City Engineer ( jklein@nbtexas.org SUBJECT: Approval of the first reading of an ordinance amending Ordinance Number dated April 28, 1975 to approve installation of the traffic control devices (stop signs on Avery Parkway at Dorman Drive. BACKGROUND/RATIONALE: This is the first year of operation for Clear Springs Elementary School on Avery Parkway. Students from the subdivision across Avery Parkway to the west of the school are not bused, so it is critical that they have safe pedestrian access. At the present time, traffic on Avery Parkway is not required to stop at any intersection. The City Engineer, in consultation with the Police Department has determined that installation of stop signs on Avery Parkway at Dorman Drive in conjunction with a pedestrian crosswalk will significantly improve pedestrian safety. There is currently a stop sign on Dorman Drive at this location and the City is working with Carnal lsd to install a sidewalk and ADA ramps to improve pedestrian mobility at this intersection. Under his authority in Section , to make and enforce temporary or experimental regulations to cover emergencies or special conditions, the Police Chief has already ordered installation of stop signs. Stop signs were installed at the following locations: ~- -~--e----ga-the-ne--eemer-ef-avery-~afkway-at-qmman-qfive ~~~~ ~ - On the SW corner of Avery Parkway at Dorman Drive ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: N/A,; Yes City Plan/Council Priority: 2006 Comprehensive Plan: Transportation Goal21: Provide a system of convenient and safe transportation facilities through comprehensive, cooperative a continuing transportation system planning and develo_~ment. FISCAL IMPACT: Stop signs cost approximately $135 each. Sufficient funding is available in the FY2009/10 approved street and drainage budget. BOARD/COMMISSION RECOMMENDATION:, N/A STAFF RECOMMENDATION: Staff recommends the approval of the attached ordinance. Page 1 of 1

136 126 ORDINANCE NO _ An ordinance amending ordinance number dated April 28, 1975 to approve installation of the traffic control devices (stop signs on Avery Parkway at Dorman Drive 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: 1105 On the NE corner of AVERY PARKWAY at DORMAN DRIVE to stop ~ ~ ~ ~-traf!~c P~!~r En AVERY PARK\1\{_~~~~~ ~ ~~~~---~ ~~-~~~~-~ _ ~-~~~~ 1106 On the SW corner of AVERY PARKWAY at DORMAN DRIVE to stop traffic prior on AVERY PARKWAY 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. 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. Page 1 of 2

137 127 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 11th day of October, PASSED AND APPROVED: Second reading this the 25th day of October, 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 of 2

138 128 ~ I I

139 129,..,Cityof ~~New Braunfels City Council Agenda Item Report October 11, 2010 Agenda Item No. 3-L Presenter/Contact- Jim Klein, City Engineer ( jklein@nbtexas.org SUBJECT: Approval of the first reading of an ordinance amending Ordinance Number dated April 28, 1975 to approve installation of the traffic control devices (stop signs associated with the Walnut Avenue widening project at the following locations: NW & SE corners of W. Coli Street at S. Sycamore Avenue SE corner of N. Sycamore Avenue at W. Bridge Street SW & NE corners ofw. Bridge Street at N. Sycamore Avenue SW & NE corners ofw. Mill Street at N. Hickory Avenue BACKGROUND/RATIONALE: Although Walnut Avenue will not be closed to through traffic during construction motorists may seek alternative routes along this corridor. Installation of these stop signs will discourage the use of the adjacent residential streets for through traffic. This ordinance may be repealed once the Walnut Avenue widening project is completed. Under his authority in Section to make and enforce temporary or experimental regulations to cover emergencies or special conditions, the Police Chief has already ordered installation of > stop signs at these locations. N/A,j Yes City Plan/Council Priority: 2006 Comprehensive Plan: Transportation Goal21: 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. BOARD/COMMISSION RECOMMENDATION: N/A STAFF RECOMMENDATION: Staff recommends the approval of the first reading of the attached ordinance. Page 1 of 1

140 130 ORDINANCE NO An ordinance amending ordinance number dated April 28, 1975 to approve installation of the traffic control devices (stop signs associated with the Walnut Avenue widening project 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: 1107 On the NW & SE corners ofw. COLL STREET at S. SYCAMORE 4-WAY stop ~-~~---- ~ ~ ~ On the SE corner of N. SYCAMORE AVENUE at W. BRIDGE STREET to stop traffic prior to entering BRIDGE STREET 1109 On the SW & NE corners of W. BRIDGE STREET at N. SYCAMORE AVENUE ALL WAY stop 1110 On the SW & NE corners ofw. MILL STREET at N. HICKORY AVENUE 4-WAYstop 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 of2

141 131 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 11th day of October, PASSED AND APPROVED: Second reading this the 25th day of October, 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

142 132

143 ~,City of ~t.j New Braunfels City Council Agenda Item Report October 11, 2010 Agenda Item No..311/ Presenter/Contact- Jim Klein, City Engineer ( jklein@nbtexas.org SUBJECT: Approval of the first reading of an ordinance amending the Code of Ordinances of the City of New Braunfels, Texas by modifying Section to establish a school zone speed on IH 35 Business and Loop 337 within the corporate limits of the City of New Braunfels BACKGROUND/RATIONALE: City Council approved ordinance in June, 1999 to set a school speed zone on IH 35 Business and Loop 337, however the form of that ordinance makes it difficult for Municipal Court to interpret. The City Attorney recommended that we prepare a new ordinance. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: N/A -1 Yes City Plan/Council Priority: 2006 Comprehensive Plan: Transportation Goal21: Provide a system of convenient and safe transportation facilities through comprehensive, cooperative a continuing -- r--l--r-----t l 'tfars~eftatiea--s-ystem-!">lara~aq-am'jf development. c-- FISCAL IMPACT: None, as the signs are already in place. BOARD/COMMISSION RECOMMENDATION: None. STAFF RECOMMENDATION: Staff recommends the approval of the first reading of the attached ordinance. Page 1 of 1

144 ORDINANCE NO An Ordinance amending the Code of Ordinances of the City of New Braunfels, Texas by modifying Section to establish a school zone speed on IH 35 Business and Loop 337 within the corporate limits of the City of New Braunfels WHEREAS, the Public Works Department has recommended amending the ordinance to replace current section in its entirety; and WHEREAS, the City Council of the City of New Braunfels, Texas has determined that the city's time for area school speed zones should be amended as recommended by the Public Works Department. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS: SEC Speed limits on IH 35 Business and Loop 337 (a IH 35 Business. Beginning at Hidalgo Street northeast along IH 35 Business to Castell Street, there shall be no speed greater than 45miles per hour. Beginning from the intersection of IH 35 Business and Guenther Avenue northeast along IH 35 Business for a distance of mile, there shall be no speed greater than 30 miles per hour during those periods when school zone flashing lights are operating from 7:00 a.m. to 5:00 p.m. on schoot days, and a speed of no greater than 45 miles per hour at other times. c- Beginning at the intersection of IH 35 Business and Castell Street northeast along IH 35 Business to the SB IH 35 Frontage Road, there shall be no speed limit greater than 40 miles per hour. Beginning at a point approximately.057 of a mile from the intersection of IH 35 Business and State Highway 46 northeast along IH 35 Business for a distance of mile, there shall be no speed greater than 25 miles per hour during those periods when school zone flashing lights are operating from 7:00 a.m. to 5:00 p.m. on school days, and a speed of no greater than 40 miles per hour at other times. (b Loop 337. Along Loop 337 from the intersection of Interstate Highway 35 South Frontage Road and Loop 337 to the north, for a distance of mile, there shall be no speed greater than 45 miles per hour; from such latter point for a distance of miles there shall be no speed greater than 55 miles per hour; from such latter point for a distance of mile there shall be no speed greater than 45 miles per hour; from such latter point for a distance of, miles there shall be no speed greater than 55 miles per hour; from such latter point for a distance of miles there shall be no speed greater than

145 miles per hour; from such latter point for a distance of mile, there shall be no speed greater than 45 miles per hour to a point also being the intersection of State Highway 46 and IH 35 Business in the city. II. THAT all provisions hereof declared to be severable and if any provisions hereof are declared to be invalid or unconstitutional, such shall not invalidate or affect the remaining provisions hereof which remain in full force and effect. Ill. All other ordinances or parts of ordinances in conflict herewith are repealed to the extent that they are in conflict. IV. This Ordinance shall become adopted and effective ten (1 0 days after the date of publication in a newspaper pursuant the Charter of the City of New Braunfels. PASSED AND APPROVED: First reading this the day of October 11th, PASSEiSAr\fD APPROVED:-Secondreading-this the daiof OctOber 25th-, CITY OF NEW BRAUNFELS, TEXAS ATTEST: R. BRUCE BOYER, MAYOR ANN SMITH, INTERIM CITY SECRETARY APPROVED AS TO FORM: ALAN C. WAYLAND, CITY ATTORNEY

146 136

147 f', City of 137 ~... New Braunfels City Council Agenda Item Report October 11, 2010 Agenda Item No. 4A Presenter/Contact- Ann Smith, Interim City Secretary Ph I asmith@nbtexas.org SUBJECT: Discuss and consider the appointment of two individuals to the Library Advisory Board for terms ending September 26, BACKGROUND/RATIONALE: Notice of two regular vacancies on the Library Advisory Board were advertised from August 2nd to September 1 ih, During the application period, five qualified applications were received: David Wendel, 210 Oak Court Julia Ousley, 1828 Crystal Springs Anne Tyner, 10 Ridge Drive Betsy Payson, 661 Evergreen Lane Kristen Anderson, 1126 Gardenia Drive* *Ms. Anderson has also applied for a position on the Parks and Recreation Advisory Board. She has indicated that the Library Advisory Board is her first preference for appointment. Applicant's current & prior service on Boards and Commissions Dav.id-WendeLhaS-no.-pr:e-v.ious.-sePJice-on-City-boar-ds-and-commissions~---- -~ ~- --- Julia Ousley is currently serving on the Library Advisory Board, where she has attended 32 of 33 called meetings since here current term began in Anne Tyner has no previous service on City boards and commissions. Betsy Payson has no previous service-gngity-bgards-and-cgmmissions Kristen Anderson has no previous service on City boards and commissions. APPLICATIONS PROVIDED UNDER SEPARATE COVER ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: I City Plan/Council Priority:

148 138 FISCAL IMPACT: N/A BOARD/COMMISSION RECOMMENDATION: N/A STAFF RECOMMENDATION: Staff recommends that the City Council consider appointing two of these individuals to the Library Advisory Board for terms ending September 26, 2013.

149 139 ~J N~~ Braunfels City Council Agenda Item Report October 11, 2010 Agenda Item No. 1 J3 Presenter/Contact - Alan Wayland, City Attorney Clarence West, Contract Attorney ( awayland@nbtexas.org SuBJEcT: Discuss and consider the first 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 -- ~-----ipr:esented-to-other-cities-ir~-tlle-last-few-years.-tbis gas_franchise_is c_ente_[e_olot'_s_ r--- "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 of 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/ Report/2010/Centerpoint Gas Franchise Page 1 of 2

150 140 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 Utrlity Regulatory Act as currently enacted, or as 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 prov1aeafor lnlaw." ,_ 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." ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: X N/A Yes City Plan/Council Priority: Objective 7: Maintain fiscal stability of City operations. Legal/Common/Forms/Agenda Item/ Report/2010/Centerpoint Gas Franchise Page 2 of 2

151 141 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/2010/Centerpoint Gas Franchise Page 3 of 2

152 142 ORDINANCE NO AN ORDINANCE OF THE CITY OF NEW BRAUNFELS 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 WITHIN 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, TEXAS: 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 of New Braunfels, as the same are now and as the same may from time to time be extended. Section 2. DEFINITIONS A-----~Git~hall-rnean-the-G~ty-of-New-BFallnfels,re*as-; 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.

153 143 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 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-eeastitute-a--permit-te-perferm--all-werk-ea-gempaay!_s-faeilities-within--the--pholie 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,

154 144 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. 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, ~ovember, and February following the quarter for which payment is made, beginning with the first such date.. -~--~-fguowirq~tt:le,-e:ffegt~ve~date-gf~this-~angi1ise-and-eag11-august-15ti1.-novembel"--t5th, 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 of New 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.

155 145 Section 9. NON-EXCLUSIVE FRANCHISE. 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. (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 e tuity-and-gity-'s-e-xergise-ef--any-partigtoj Jar-remedy shall-net-genstitute-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

156 146 CONSTRUCTION AND MAINTENANCE OF THE COMPANY'S NATURAL GAS DISTRIBUTION SYSTEM, OR IN ANY WAY GROWING OUT OF THE RIGHTS GRANTED BY THIS FRANCHISE, 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. ~~--~~~ Section 14. GOVERNMENTAL FUNCTION. All of the 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.

157 147 (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 of the Public Right-of-Way shall be subject to the right and continued use of Company. ~- Seetion~~-7.-0RIGINAL-JURISDIC-llON-OVER--RA+ES~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 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:

158 148 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." CENTERPOINT ENERGY RESOURCES CORP., DBA CENTERPOINT ENERGY TEXAS GAS OPERATIONS By: Operations - Scott E. Doyle, Vice President - Regional Dated this day of 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 sentby 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 Box4567 Houston, TX With a copy to: General Counsel, Gas Division PO Box 2628 Houston, TX Every such communication to the City or the City Council shall be sent to the:

159 149 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 of New Braunfels, Texas, on the day of, Read in full and passed and adopted on the second and final reading at a regular meeting of the City Council of New Braunfels, Texas, on the day of,, CITY OF NEW BRAUNFELS, TEXAS ATTEST: R. Bruce Boyer, Mayor Ann Smith, Interim City Secretary APPROVED AS TO FORM: Alan C. Wayland, City Attorney

160 150 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 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:

161 151 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, 2010 once each week for (4 four consecutive weeks m 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 Gity-ofN ew-braunfels,'fexas

162 152

163 ,.,City of ~w New Braunfels City Council Agenda Item Report OCTOBER 11, Agenda Item No. 4~ Presenter I Contact- Shannon Mattingly, Planning Director ( smattingly@nbtexas.org SUBJECT: Discuss and consider the second and final reading of an ordinance rezoning acres, consisting of Lots 3A, 38 and 3C Creekside 1101 Subdivision and Lots 1 and 2 BBL306 Subdivision, from "MU-B" High Intensity Mixed Use and "M-1A(r71" Light Industrial with Restrictions to "POD" Planned Development District with Concept Plan. APPLICANTS: Creekside 1101, Ltd. and FM 1101 Creekside BBL, Ltd. 421 S. Seguin Ave. New Braunfels, TX BACKGROUND/RATIONALE: A Planned Development District with base zoning of "MU-8" High Intensity Mixed Use is being requested on this property. BBL 306 Subdivision was recently zoned MU-8 when it was annexed. The three lots in Creekside 1101 Subdivision are currently zoned M- 1A(r71. This restricted zoning was approved before the City had mixed use districts, and permitted uses are limited to those in the C-1A, C-1 B, C-2A, C-4A, C-48 and CO districts. Restricted zoning will be replaced by the POD on these lots ~Hhe-eoneept-Pian--is---appreved-,----a-Setati-PiaA-and-Aew-plat-fef tl'le-aevelepment-wm-ae submitted to the Planning Commission at a later date. The property is located across FM 306 from a proposed regional hospital, and the Planned Development includes uses consistent with and supportive of this medical campus. A POD allows departure from some ordinance standards while increasing others, to provide an enhanced overall product that could not be achieved under a regular zoning district. The Concept Plan presents an integrated mixed-use development where most lots will front on private streets or access easements rather than public streets. Wellness Center Parkway, the main entrance from FM 306/Creekside Crossing, is the only proposed public right-of-way within the project. A private street encircles the center of the development and access easements provide circulation throughout the property. The private street and access easements will be maintained by a property association and may also provide parking and function as utility easements. The project design also includes a 'wet' pond within the detention pond structure that will utilize a private well with a windmill to support the water level within the pond. Shared parking across lot lines and pedestrian walkways are key elements of this proposal. Page 1 of4

164 Development standards will be determined by the base zoning (MU-8 except where deviations are specifically approved in the Concept Plan. Those deviations include: MU-B Creekside Wellness Center POD Private streets and All lots must front on dedicated public Lots will front on a private street or access access easements or private streets. easement. Private streets and access easements may provide vehicular access and shared parking, and will also serve as. drainage and utility easements. Fire lanes will be designated. Front, side and rear Non-res: 0' front; 0' side; 5' to 25' rear Same; where applicable, setbacks will be building setbacks measured from the private street or Multifamily: 25' front; 20' side; 25' rear access easement within each lot rather than the property line Lot Coverage Combined area of all yards shall be In calculating lot coverage for multi-family, (multi-family not less than 50% of lot; if enclosed or common areas and green space in other covered parking is provided yard area parts of the development may be utilized may be 40% of lot. as yard area. Sidewalks 6-ft. sidewalks required along all Walkways will be designed to provide a public and private streets. pedestrian friendly environment; an alternative pedestrian access plan will be included in the Detail Plan. Parking Required off-street parking must be No deviation from the total number of provided on the same lot it is serving, required spaces is requested; however, unless a special exception for shared parking may be shared beyond lot lines parking is approved by the Zoning and along private streets. An off-site Board of Adjustment. parking agreement and table for tracking spaces allotted to each business will be included_in the Detail ~Ian Private water well A Special Use Permit is required for The construction and use of a private (not recommended private water wells. water well with a windmill to support a wet for approval pond to be located on Lot 14 of the Concept Plan. With the proposed street and access easement design, the City Engineer could not recommend the City ever accept the private street should the Property Association request that in the future. In making a decision on zoning, 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. City Council approved the first reading of the ordinance for the Planned Development without a private well and windmill on September 27, (4-3 Page 2 of4

165 GENERAL INFORMATION: Size: Surrounding Zoning and Land Use: Comprehensive Plan/ Future Land Use Designation: lmprovement(s: acres North- M-1Ar711 Across FM 306, vacant South - Outside City Limits I Agricultural East- C-1 B, proposed MU-8 across FM 1101 I Bowling alley, restaurant, vacant West- APD I Agricultural Mixed-use, Commercial None NOTIFICATION: Public hearing notices were sent to 9 property owners located within 200 feet. Three responses were received in favor (#2, 4, 8 and none in opposition. 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. An MU-8 based Planned Development District is compatible with area development and integrates a mix of land uses. Goar-fG-Evaluate capacity-ancradequacy of-- - existing and planned public facilities and services to determine feasibility of expansion. Streets adjacent to the property are a 150' arterial and a planned 120' arterial. Adequate utilities are available for extension. Goal 28 Enable residents to live within walking or a short commuting distance from the work, school, and shopping. Apartments and dormitories are planned in close proximity to the hospital, education facilities, shopping, dining and entertainment venues. Cons: None FISCAL IMPACT: NIA Page 3 of4

166 BOARD/COMMISSION RECOMMENDATION: The Planning Commission held a public hearing on September 7, 2010 and recommended approval of the rezoning unanimously ( STAFF RECOMMENDATION: Staff recommends approval of the Planned Development District, which is compatible with area development and consistent with goals stated in the Comprehensive Plan. ATTACHMENTS: 1. Application and Development Narrative 2. Creekside Wellness Center PDD 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 "MU-8" High Intensity Mixed Use District 9. Sec. 3.5 Planned Development Districts 10. Excerpt from Planning Commission minutes of September 7, Ordinance Y:\CCagenda\ZoneChgs&SUP\201 0 Cases\Creekside Wellness POD 2nd doc Page 4 of4

167 157 J' ~ City of ~_.New Braunfels APPLICATION FOR ZONE CHANGE 424 S. CASTELL AVENUE NEW BRAUNFELS TX planning(ii,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. Name {jte6f<~ totllbl 1 t..:(o '+ fi.t/id/ Cau./51tik t!/1 Ll Jf4 Mailing Address t S ~ v ~ vf/vv'~ Telephone: b.2.-fjtjb r Fax: 6J..,-.-j, 1. Mobile: /JJ..~({f'Jtmail: ~ljcet:f '/tl/tj8.f.4/j1 2. Property Address/Location: f/-w '/ ]IJ',.,._. f/1 II 0 I 3. Legal Description: Name of Subdivision: Lot(s: Biock(s: Acreage: S"3.tf B 4. Existing Use of Property:_t!lL.. -.a.v'--~ w.b_...:.y--"-&'...!.---~la'--=l;.;..rll..-:.">.:...1 L Proposed Use of Property (attach additional or supporting information if necessary:...p... bc...:~/~ Zoning Change Request; Current Zoning: m If "POD Planned Development District", check if: Concept Plan 1'1 v-g J> -111 ca 11 Proposed Zoning,- D Reason for request (please explain in detail and attach additional pages if needed: / X OR Detail Plan 4 tf.t~<a I' J 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. v Map of property in relation to City limits/major roadways or surrounding area. 17'' If requesting a Planned Development (PD, applicant must provide development standards on the detail plan and/or provide the standards in a separate document as described in the Zoning Ordinance, Section 3.5. Provide 14 copies of the 1 :200 for distribution with 4 copies of 1 :200 and one legible 11 x17 of the revisions. The undersigned hereby requests rezoning of the above described property as indicated. Signature of~.!~~~.j 1 pa f.,,(.(&~,t Date J Av9 uj'1 :1-a/ O For Office Use Only Fee Received By:.,Amount------Receipt No.: Date Received:,Zoning signs issued: Date: No. Cash/Check Number: Case Number: :_P_Z_..;_l o_~_3_b U:\Pianning\Applications\Zone Change. DOC ATTACHMENT 1

168 158 Concept Plan D Narrative Planned Development District Project Name: Creekside Wellness Center August 19, 2010 Revised after August 16, 2010 meeting with City Staff Shannon Mattingly Director of Planning & Development City of New Braunfels This Concept 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. The name of the Project is- Creekside Well ness Center. The Project is being jointly planned for development by Creekside 1101, Ltd., and its Purchaser the Verde Group, LLC., (Lots A- F and by FM 1101 Creekside BBL, Ltd. (Lots 1-27} as reflected on the drawing of the Concept Plan attached to the Application. The base zoning district is- MU-B- ''High Intensity Mixed Use District", which is the current zoning for Lots 1-27 and will be the base zoning district for Lots A-F as a result of the proposed rezoning. Concept Plan requirements: a. Relation to the comprehensive plan. The planned Development District is currently zoned MU-B and M-1A (r-71, and is located in the immediate vicinity of a proposed Regional Hospital and Medical Campus, and is therefore consistent with the plan and the base zoning districts. ' b. Acreage. The total acreage within the proposed zoning district is acres. c. Survey. A metes and bounds description of the boundaries of the district is attached as part of the Application. d. Land Uses. The land uses will be those permitted uses in the base zoning district- MU-B e. General thoroughfare layout. The general thoroughfare layout is attached. The district will consist of both public and private streets, as well as, shared access easements for both vehicle and pedestrian traffic, designed to promote a pedestrian-friendly environment. f. Development Standards. Development standards will be consistent with the base zoning district except as noted herein and as shown on the Concept Plan submitted with the Application: (1 Minimum Lot Area- same as base zone district (2 Minimum Lot Width and Depth- same as base zone district (3 Minimum Front, Side, and Rear Building Setback Areas- same as base zone district. Setbacks will be measured from the boundary of the Private Street or Access Easement within each subject lot. (4 Maximum Height of Buildings- same as base zone district (5 Maximum Building Coverage- same as base zone district, except that Lot Coverage for Multi-Family dwellings is modified as provided in item 4 below (6 Maximum density -same as base zone district

169 159 (7 Minimum parking standards for each general land use- same as base zone districts- with exception of Shared Parking requirements modified as identified above in item 2 below (8 Deviations from other development standards are listed as items 1, 2, 3 and 4 below, and are shown on the Concept Plan. g. Existing Conditions. Shown on the Concept Plan submitted with the Application. Deviations from current ordinances and current development standards: 1. Private Streets and Access Easements: Private Streets and Access Easements will be {1 designed and built to provide a pedestrian friendly environment in accordance with the guidelines shown on the Concept Plan, (2 governed by a Master Community Covenant administered by a Property Owners Association, and (3 maintained by a Property Association. Throat length standards as provided in Chapter 114 of the Code of Ordinances of the City of New Braunfels will apply to the Private Streets and Access Easements. Private Streets and Access Easements may provide for Shared Parking. Private Streets and Access Easements will also serve as drainage, water, sewer, electric, telephone, cable TV, gas, and other public utility easements. Private Streets and Access Easements may also provide for parking, landscaping and pedestrian sidewalks and walk-ways. Fire Lanes will be marked. 2. Shared Parking: Required parking may be shared in accordance with the permitted uses and no deviation in the number of parking spaces per permitted use is requested. However, the parking requirements may be 11 Shared" (shared parking upon an applicant-submitted parking study demonstrating that the required parking is available. The required shared parking may be shared beyond lot lines. Shared parking may be located around the Plaza/Park area, along Access Easements and Private Streets, and within designated lots. 3. Sidewalks: Sidewalks and pedestrian walk-ways will be designed and built to provide a pedestrian friendly environment in.. ~<:.f_c?_r:.dance with an ~~-~!!ernauye~_jledestrian acc~~ql<i.d~'!tndguid_elines to_ b_e_s_bo_wrlon the.d.etailpian. 4. Lot Coverage for Multi-Family dwellings: For calculating the maximum lot coverage ratio for Multi-Family dwellings, Community Common Areas, such as the Plaza/Park area, the area around the Wet Pond, and Green/Open Space within the district may be used and considered. Respectfully Submitted, Creekside 1101, Ltd. By: Norris Realty of Canyon Lake, Inc. ltsg~~f By: W. M. Norris, President FM 1101 Creekside BBL, Ltd. By: FM 1101 Creekside BBL-MJ, LLC ltsgener~~ By: ~~ris, Manager Acknowledgement and Consent: The Verde Group, LLC ~ident By:J~ ager

170 ' R.O.W l ~~ I : ~..., I '---+- LANDSCAPED MEDIAN EXTERIOR LOT ' _.,.;.., \ (I... - ', '...,I -'U.PA~~~~ 11111w :tllol.mcf4 ~ :r t I l ~ j j 1 I ACi!:i!ffili~'?'Zf"EfJ!_!FCDQN ~ l= :T lli. I I ~25~ ~ so --, I 1 I l--13'f2~' 1J'-j ~I I I~ "I I I" 8 1 lwo LANES 1 15 ~I lwo WAY I~ ~ :J;f~~~1tiP};:wr1~&iS~~\nillhf;gfuji~ I I l ACCflh!.!"Jf!'!'[.;renott I lll. :~. 91 ~Jo --,~ I ~ > -t -1 > 0 ::r: s: m z -t N I I L1 rt r -:J~ I I I TWO lanes I TWO WAY I ~ :r E~. :~1~:~ ~~L': -:~::i\~~~:~fu~~t~l I I I ASiQ'!_'f".::'i?'rnr. EGDON I '\ \ \ _/ ~ ~ ~::~" ~~~~ ~f=cn ~ ~. 1ll g r c I I I I -- I / ( I I I \~, /-._ o 200' 400' I"""! NOla 1. ALL LOTS WITHIN THE SUBDIVISION WILL BE SERVED BY A PUBUC WATER StJPPI..Y MD 5miTARY SEWER OWNED BY NEW SRAUNF'ElS UTIUT1 S, El.fCTRia1Y WILL BE PROVIDED BY NaY BRAUNFas IJT\LmES. m.ephon samce FDR THE SUBOMSION WILL BE PR0\1DED BY AT&T COMMUNICATIONS AND/OR llme WARNER. 2. CONTOUR UNES SHOWN HEREON ARE FROM AN AERIAL TOPOGRAPHIC NAP (!.larch 2001 PREPARED BY I.ANOATA GEO SERVICES FOR THE aty OF NEW BRAUNFELS. 3. SUBDMSION FALLS INSIDE THE CITY Ut.IITS OF' THE CITY OF' N W BRAUNFELS. 4. THE SUBOMSION IS WITHIN THE CONAL lnoepehdeht SCHOOL DISTRICT. 5. NO PORTION Of Nft LOT ON THIS PLAT IS WITHIN 114 INDICATED SPECIAL A.OOO HAZARD ZONE ACCORDING TO THE }DCIPTED Fl.OOD NAPS OF' THf CITY OF' NEW BRAUNFELS. TEXAS CONt.IUHITY PAHB. NUMBER 48091C0455F', EfFtCJJVE DATE SEPIBIBER 2, 2009 J.S PREPARED B'f THE FEDERAL EMERGENCY t.iano\get.ient AG<NCY. 13. ALL ARE lanes WILL BE IDENllFIED WITH PROPER SlRIPIHG ON ALL lmer~ ROADS AND wmtjn ACCESS EASEManS. CONCEPT PLAN PLANNED DEVELOPMENT DISTRICT OF CREEKSIDE WELLNESS CENTER SCALE: NTS... P.O.B. POINT OF BEGINNING R.O.W. RIOHT-oF-WAY B.L. BUILDING SETBACK UNE u.e. UTILfTY EASEt.IFM' D.E. DRAINAGE EASEJ.4ENT 0 1/2 IRON PINS SEr., IRON PINS FOUND (UNLESS OTHERWISE NOTED - Cfi'YUMITSUNE BEING ACRES OF LAND OUT OF THE ANTONIO MARIA ESNAURIZAR ELEVEN LEAGUE GRANT, LOCATED IN COMAL COUNlY, TEXAS, AND BEING COMPRISED OF LOT 3A, LOT 3B, LOT 3C, CREEKSIDE 1101 SUBDIVISION fos SHOWN ON A REPLAT OF CREEKSIDE 1101 SUBDIVISION fos RECORDED IN DOCUMENT NO OF THE MAP AND PLAT RECORDS OF COMAL COUNlY, TEXAS AND LOT 1 AND LOT 2 OF BBL306 SUBDIVISION fos RECORDED IN DOCUMENT NO OF THE MAP AND PLAT RECORDS OF COMAL COUNlY, TEXt-S. HI~T IINCIIMEIIUMCI&aURVmNCI HOLLMIO MoaLER THOIVtHILL &10 N. SEGUIN AVE. NEW BRAUNFELS. TEXAS, TBPE FIRM F PH:I830IB FAXd !18 DA.TEt AUGUST JOB NO, ~ 1-" m (S '-~ \..,..._...! ~

171 ~ ~ 0 :I: 3: m... ~ Subject Property i - - ZONING i City Limits -APD CJR-2 CJR-2A C-3 -C-18 -M-1 -M-1A -MU-8 z (J w -1.. Cityof < New Braunfels Creekside ~ 101 Ltd. & FM 1101 Creekside BBL, Ltd. MU-8 & M-1A(r71 to POD Map Created On 8/19/10

172 L ~ ~ ( :J: s:: m Legend... i - - ~ Subject Property i City Limits Existing Land Use D Residential Low Density ~= Residential Medium Density - Residential High Density - Commercial - Industrial -School - OpenSpace ~~~fi~:1j~ Drainage z -1 ~ (J.. Cityof -: New Braunfels "'-; ;;;;;;. l~ Creekside :1101 Ltd. & FM 1101 Creekside BBL, Ltd. MU:-B~& M-1A(r71 to POD / \ (_ ( ~ Map Created On 8/19/10

173 Legend ~ Subject Property : i City Limits ' Future Land Use I I Res Low Density - Res Medium-High Density I. Manufactured Homes - Commercial-Industrial - Commercial - Industrial ~ ~ 0 :I: s:: m z -1 c.n ~~Mixed Use -School - OpenSpace Ji/"~\:{:::J Drainage Creekside ~ 101 Ltd. & FM 1101 Creekside BBL, Ltd. : MU-B & M-1A(r71 to POD I Map Created On 8/19/10

174 Aerial Map ~ ;! 0 :::r: s: m z... =- -t m (J.. City of -- New Braunfels ''--/ Creekside 1101 ltd. & FM 1101 Creekside BBL, Ltd. MU~B& M-1A(r71 to POD '0 l,'-. _/ Map Created On 8/19/10

175 PLANNING COMMISSION- SEPTEMBER 7, :00PM New Braunfels Municipal Building, Council Chambers Owner/Applicant: Address/Legal Description: Creekside 1101 L TO I FM 1101 Creekside BBL L TO Lots 3A. 3B and 3C, Creekside 1101 Subdivision Lots 1 and 2, BBL 306 Subdivision REQUEST FOR ZONING- CASE #PZ10-36 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. Central Texas Corridor Hospital Co LLC 3. Betty M Timmermann, Trustee 5. Adeline Ploetz 7. Freiheit Bowling Club 2. AL 95 Creekside Town Center LP 4. BBL Properties L TO 6. Glenn N Timmermann 8. Freiheit Country Store SEE MAP ON REVERSE ATTACHMENT 7

176 I Notification M~PI ~ «,+ Legend ~ Subject Property D 200' Notification Buffer ~.,City of ~U New Braunfels "z ~ PZ10-36 Creekside 1101 Ltd. & FM 1101 Creekside BBL, Ltd. MU-B & M-1A(r71 to POD ~ N Map Created On 8/19/10,~, ~-,._~

177 "MU-8" high intensity mixed use district. Purpose. The MU-B High Intensity Mixed Use District is intended to provide for a mixture of more intense retail, office, and industrial uses in close proximity to enable people to live, work and shop in a single location. Bed-and-breakfast establishments could also be located in this district. Pedestrian walkways and open areas are desired in order to promote a pedestrian-friendly environment. (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 Bed and breakfast inn (see Sec. 5.5 Boardinghouse/lodging house Community home (see definition Dormitory (in which individual rooms are for rental Hospice Multifamily (apartments/condominiums- at least five units Rental or occupancy for less than one month (see Sec Residential use in buildings with the following non-residential uses Townhouse (at least five lots Non-residential uses: Accounting, auditing, bookkeeping, and tax preparations Adult day care (no overnight stay Adult day care (with overnight stay Aircraft support and related services Airport All terrain vehicle (A TV dealer I sales Ambulance service (private --;a;mpmttleate( Amusement devices/arcade (four or more devices Amusement services or venues (indoors (see Sec Amusement services or venues (outdoors Animal grooming shop Answering and message services Antique shop Appliance repair Archery range Armed services recruiting center Art dealer I gallery Artist or artisan's studio Assembly/exhibition hall or areas Assisted living facility I retirement home Athletic fields Auction sales (non-vehicle Auto body repair, garages (see Sec Auto glass repair/tinting (see Sec Auto interior shop I upholstery (see Sec Auto leasing Auto muffler shop (see Sec Auto or trailer sales rooms or yards (see Sec Auto or truck sales rooms or yards- primarily new (see Sec Auto paint shop ATTACHMENT 8

178 168 Auto repair as an accessory use to retail sales Auto repair garage (general (see Sec Auto supply store for new and factory rebuilt parts Auto tire repair /sales (indoor Automobile driving school (including defensive driving Bakery (retail Bank, savings and loan, or credit union Barber/beauty college (barber or cosmetology school or college Barber/beauty shop, haircutting (non-college Barns and farm equipment storage (related to agricultural uses Battery station Bicycle sales and/or repair Billiard I pool facility Bingo facility Bio-medical facilities Blacksmith or wagon shops Book binding Book store Bottling or distribution plants (milk Bottling works Bowling alley/center (see Sec Broadcast station (with tower (see Sec. 5.6 Bus barns or lots Bus passenger stations Cafeteria I cafe I delicatessen Campers' supplies Car wash (self service; automated Car wash, full service (detail shop Carpenter, cabinet, or pattern shops Carpet cleaning establishments Caterer Cemetery and/or mausoleum -- -cnecl< casnmg serv1ce Chemical laboratories (not producing noxious fumes or odors Child day care I children's nursery (business Church/place of religious assembly Civic/conference center and facilities Cleaning, pressing and dyeing (non-explosive fluids used Clinic (dental Clinic (emergency care Clinic (medical Club (private Coffee shop Cold storage plant Commercial amusement concessions and facilities Communication equipment - installation and/or repair Computer and electronic sales Computer repair Confectionery store (retail Consignment shop Contractor's office/sales, with outside storage including vehicles Contractor's temporary on-site construction office (see Sec. 5.9 Convenience store with gas sales Convenience store without gas sales Country club (private Credit agency

179 169 Curio shops Custom work shops Dance hall/ dancing facility (see Sec Day camp Department store Drapery shop I blind shop Driving range Drug sales/pharmacy Electrical repair shop Electrical substation Electronic assembly/high tech manufacturing Electroplating works Engine repair/motor manufacturing re-manufacturing and/or repair Exterminator service Fair ground Farmers market (produce market- wholesale 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 Feed and grain store Filling station (gasoline tanks must be below the ground Florist Food or grocery store with gasoline sales Food or grocery store without gasoline sales Food processing (no outside public consumption Forge (hand Forge (power Fraternal organization/civic club (private club Freight terminal, rail/truck (when any storage of freight is outside an enclosed building Freight terminal, truck {all storage of freight in an enclosed building Frozen food storage for individual or family use Funeral home/mortuary -Furniture manufacture - Furniture sales (indoor Galvanizing works Garden shops and greenhouses Golf course (public or private Golf course (miniature Governmental building or use (state/federally owned and operated Greenhouse (commercial Handicraft shop Hardware store Health club (physical fitness; indoors only Heating and air-conditioning sales I services Heavy load (farm vehicle sales/repair (see Sec Heliport Home repair and yard equipment retail and rental outlets Hospital, general (acute care/chronic care Hospital, rehabilitation Hotel/motel Hotels/motels- extended stay (residence hotels Ice delivery stations (for storage and sale of ice at retail only Ice plants Industrial laundries Kiosk (providing a retail service Laboratory equipment manufacturing

180 170 Laundromat and laundry pickup stations Laundry, commercial {w/o self serve Laundry/dry cleaning {drop off/pick up Laundry/washateria {self serve Lawnmower sales and/or repair Leather products manufacturing Light manufacturing Limousine I taxi service Locksmith Lumberyard {see Sec Lumberyard or building material sales {see Sec Machine shop Maintenance/janitorial service Major appliance sales {indoor Manufactured home sales Manufacturing and processes Market {public, flea Martial arts school Medical supplies and equipment Metal fabrication shop Micro brewery {onsite manufacturing and sales Mini-warehouse/self storage units {no outside boat and RV storage permitted Mini-warehouse/self storage units with outside boat and RV storage Motion picture studio, commercial film Motion picture theater {indoors Motion picture theater {outdoors, drive-in Motorcycle dealer {primarily new I repair Moving storage company Moving, transfer, or storage plant Municipal use owned or operated by the City of New Braunfels, including libraries Museum Needlework shop. n -Non-oull<storage of gasoline, petl"oleum products and liquefied petroleum Nursing/convalescent home/sanitarium Offices, brokerage services Offices, business or professional Offices, computer programming and data processing Offices, consulting Offices, engineering, architecture, surveying or similar Offices, health services Offices, insurance agency Offices, legal services - including court reporting Offices, medical offices Offices, real estate Offices, security/commodity brokers, dealers, exchanges and financial services Outside storage {as primary use Park and/or playground {private Park and/or playground {public Parking lots {for passenger car only {not as incidental to the main use Parking structure I public garage Pawn shop Personal watercraft sales {primarily new I repair Pet shop I supplies {10,000 sq. ft. or less Pet store {more than 10,000 sq. ft. Photo engraving plant Photographic printing/duplicating/copy shop or printing shop

181 171 Photographic studio (no sale of cameras or supplies Photographic supply Plant nursery Plant nursery (growing for commercial purposes with retail sales on site Plastic products molding/reshaping Plumbing shop Portable building sales Propane sales (retail Public recreation/services building for public park/playground areas Publishing/printing company (e.g., newspaper Quick lube/oil change/minor inspection Radio/television shop, electronics, computer repair Rappelling facilities Recreation buildings (private Recreation buildings (public Recycling kiosk Refreshment/beverage stand Research lab (non-hazardous Restaurant Restaurant/prepared food sales Retail store and shopping center (more than 50,000 sq. ft. bldg. Retail store and shopping center without drive thru service (50,000 sq. ft. bldg. or less Retirement home/home for the aged Rodeo grounds RVpark RV/travel trailer sales School, K-12 (public or private School, vocational (business/commercial trade Security monitoring company Security systems installation company Sheet metal shop ~- -snoe repair sfiops ~ ~-- -~~--- Shooting gallery- indoor (see Sec Shopping center Sign manufacturing/painting plant Specialty shops in support of project guests and tourists Storage - exterior storage for boats and recreational vehicles Storage in bulk Studio for radio or television (with tower (see Sec. 5.6 Studios (art, dance, music, drama, reducing, photo, interior decorating, etc. Tailor shop Tattoo or body piercing studio Taxidermist Telemarketing agency Telephone exchange (office and other structures Tennis court (commercial Theater (non-motion picture; live drama Tire sales (outdoors Tool rental Tourist court Transfer station (refuse/pick-up Travel agency Truck garden Truck or transit terminal (with outside storage University or college (public or private

182 172 Upholstery shop (non-auto} Used or second hand merchandise/furniture store Vacuum cleaner sales and repair Veterinary hospital (no outside animal runs or kennels} Veterinary hospital (with outdoor animal runs or kennels} Video rental I sales Warehouse I office and storage I distribution center Waterfront amusement facilities - berthing facilities sales and rentals Waterfront amusement facilities - boat fuel storage I dispensing facilities Waterfront amusement facilities - boat landing piers/launching ramps Waterfront amusement facilities- swimming I wading pools I bathhouses Water storage (surface, underground or overhead}, water wells and pumping stations that are part of a public or municipal system Welding shop Wholesale sales offices and sample rooms Woodworking shop (ornamental} Any comparable business or use not included in or excluded from any other district described herein. (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} Non-residential uses. (i} Height. 120 feet. (ii} Front building setback. No front building setback required. (iii} Side building setback. No side building setback is required. ~~l.iv}-rear6uilain{fsetoack--:-fi'ie-feel minimumwitn arf aaaitional two feet required for each story above 24 feet, up to a maximum setback of 25 feet; there shall be no encroachment or overhangs into this required rear building setback. (v} Residential setback. Where a non-residential building or a multifamily development of more than three units abuts a one or two family use or zoning district, the setback from the residential property line shall be at least 20 feet plus one foot for each foot of building height over 20 feet. (vi} Minimum lot area. The minimum internal lot area shall be 6,000 square feet or 7,000 square feet for a corner lot. (viii} Minimum lot frontage: 60 feet. (ix} Lot depth. 100 feet. (x} Parking. See Section 5.1 for other permitted uses' parking. (2} Multifamily dwellings. (i} Height. 120 feet. (ii} Front building setbacks. 25 feet. (iii} Rear building setback. 25 feet.

183 173 (iv Side building setback. A side building setback of 20 feet shall be provided. 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. 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 (v Parking and accessof}l uses. Parking may encroach into the interior side and rear building setback as long as a solid screening fence or wall of six to eight feet in height is erected along the interior side and rear property lines. Accessory uses such as swimming pools, tennis courts and playgrounds will not be permitted within any required yard. (vi Width of lot. The minimum width of an interior lot shall be 60 feet and the minimum width of a corner lot shall be 72 feet. (vii Density. No maximum. (viii Lot area. 20,000 square feet. (ix Lot coverage. The combined area of all yards shall not be less than 50 percent of the total lot or tract; provided however, that in the event enclosed or covered parking is provided, the minimum total yard area requirement shall be 40 percent of the total lot or tract. (x Distance between structures. There shall be a minimum of 10 feet between structures side by side; a minimum of 20 feet between structures side by front or rear; a minimum of 40 feet between structures front to front; a minimum of 20 feet between structures backing rear to rear, and a minimum of 20' between structures front to rear. (See --illustratiol1tf -~~ ~ (xi Access to an arterial roadway or state highway required. Developments in this district must have direct access to either an arterial roadway or state highway. (xii Lot depth. 100 feet. (xiii Parking. For apartments, apartment hotel units and other multifamily dwellings, off-street parking spaces shall be provided in accord with the following schedule: 1. One-bedroom apartment or unit /2 spaces 2. Two-bedroom apartment or unit... 2 spaces 3. Each Additional bedroom... 1/2 space 4. Each dwelling unit provided exclusively for low income elderly occupancy... 3/4 space (''Low income elderly" is defined as any person 55 years of age or older with low or moderate income, according to HUD standards. See Section 5.1 for other permitted uses' parking.

184 174 (3 Townhouses. (i Height. 35 feet. (ii Front building setback. 10 feet. If front entry garages/carports are provided, a minimum front yard of 20 feet shall be provided to the garage/carport. (iii Side building setback. No side building setbacks are required for interior lots except the minimum distance between two building groups shall be 20 feet and the minimum distance between a building group and any abutting subdivision boundary or zoning district boundary line shall be 20 feet. Buildings on corner lots shall have 15-foot side building setbacks adjacent to the street, except where the rear lot line of a corner lot coincides with a side lot line of an adjacent lot, then 25-foot minimum side yards adjacent to the street shall be provided. 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. No building shall be constructed closer than ten feet from the rear property line. If the rear of the lots abut any other residential zoning district, the rear building setback shall have a minimum depth of 20 feet. (v Width of lot. Interior lots shall have a minimum width of 25 feet. Corner lots shall have a minimum width of 40 feet except where the rear lot line of a corner lot coincides with a side lot line of an adjacent lot, then the corner lot shall have a minimum width of 50 feet. (vi Lot depth. 100 feet. (vii Lot area per family. 2,500 square feet. (viii Common open space. A minimum of 250 square feet of common open space per lot shall be provided within ffie-fownhouse project:tr1complitil1g the required -common open space, individually owned townhouse lots, required front, rear, or side setbacks, streets, alleys, or public rights-of-way of any kind, vehicular drives, parking areas, service drives, or utility easements containing or permitting overhead pole carried service shall not be included. Drainage easements and detention ponds may be used in computing common open space. (ix Building group. There shall be no less than five lots. There shall be no less than two nor more than eight individual dwelling units in each building or dwelling group. Each building group shall be at least 20 feet from any other building group, measured from the nearest points of their foundations. Each building or building group shall be at least 20 feet from any subdivision or zoning district boundary line. (x Accessoty buildings. Any detached accessory buildings permitted, except carports open on at least two sides, shall be set at least three feet away from the side lot line unless their walls are equal in fire resistance to the common walls of the main structure. Detached carports, open on at least two sides, may be built to the property line with no common wall required. Rear building setback for an accessory building shall be three feet. Any accessory building permitted in district "R-1" shall be permitted in district "TH." (xi Parking. There shall be at least two off-street parking spaces for each townhouse. See Section 5.1 for other permitted uses' parking.

185 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 compreh-erisweplan.--ageneralstatemenrsetl:ing--fortn--liow 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

186

187 177 (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 CounciC -lf Ttie -City Council initially. approved a- detalf--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.

188 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.

189 179 - PUBLIC HEARINGS EXCERPT FROM PLANNING COMMISSION MINUTES OF SEPTEMBER 7, 2010 DRAFT Case PZ10-36: Public hearing and recommendation to City Council regarding the proposed rezoning of acres, consisting of Lots 3A, 3B and 3C Creekside 1101 Subdivision and Lots 1 and 2 BBL306 Subdivision, from "MU-B" High Intensity Mixed Use and "M-1A(r71" Light Industrial with Restrictions to "POD" Planned Development District with Concept Plan. (Creekside 1101, Ltd. and FM 1101 Creekside BBL, Ltd. Holly Mullins said a Planned Development District with "MU-8" base zoning is being requested at the intersection of Creekside Crossing and FM She explained a portion of the subject property was included in the original Creekside M-1A restricted zoning, while the remainder was recently annexed and zoned "MU-8." Ms. Mullins discussed several deviations from the "MU-8" development standards being requested in the Concept Plan, including private streets and access easements, shared parking across lot lines, and a clustering technique for calculating multi-family lot coverage. She added an alternative pedestrian access plan and additional details on parking and access easements will be provided when the Detail Plan and final plat are submitted. Public hearing notices were sent to 8 property owners; three responses were received in favor (#2, 4, 8 and none in opposition. Staff recommended approval of the request, which is compatible with area development and consistent with goals stated in the Comprehensive Plan. Chair Casteel asked if anyone wished to speak in favor of the request. No one spoke. Chair Casteel asked if there was anyone to speak in opposition. No one spoke. Motion to close the public hearing was made by Vice Chair Elrod and seconded by Commissioner Namken. The motion carried unanimously. (9-0-0 Commissioner Bearden asked whether the detention pond itself could be included as open space in calculating multi-family lot coverage, or just the space around it sta-cysnen-satd she-believedwater-features-could be used in-the calculation, and stressed that the entire development will have to meet drainage requirements. She compared the lot coverage calculation to high density residential surrounding Central Park, but on a much smaller scale. Commissioner Namken asked if detention will be provided as individual lots are developed, or as a single unit. Ms. Snell replied that the engineer will have to make some assumptions about the project as a whole, and then refine them as each lot is developed. Motion by Vice Chair Elrod, seconded by Commissioner Namken, to forward Case PZ10-36 to City Council with a recommendation for approval. The motion carried unanimously. (9-0-0 ATTACHMENT 10

190 180 ORDINANCE NO AN ORDINANCE REZONING ACRES, CONSISTING OF LOTS 3A; 3B AND 3C CREEKSIDE 1101 SUBDIVISION AND LOTS 1 AND 2 BBL306 SUBDIVISION, FROM "MU-B" HIGH INTENSITY MIXED USE AND "M-1A(r71" LIGHT INDUSTRIAL WITH RESTRICTIONS TO "CREEKSIDE WELLNESS CENTER PD" 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, the rezoning is in compliance with the Future Land Use Map; and WHEREAS, in keeping with the spirit and objectives of the "POD" Planned Development District, the City Council has given due consideration to all components of said district~ and WHEREAS, it is the intent of the City Council to provide harmony between existing zoning districts and proposed land uses; and WHEREAS, the City Council desires to amend the Zoning Map by changing acres consisting of Lots 3A, 3B and 3C Creekside 1101 Subdivision and Lots 1 and 2 BBL306 Subdivision to "Creekside Wellness Planned Development District;" now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS: SECTION TI:IALS.ectians_j~2.Lanct_t2~.-ChapteUAA,_oUhe_ NewB[aunfels Co_de_of_Q[dinances and particularly the Zoning Map of the City of New Braunfels, are amended by changing the following described tract of land from "MU-B" High Intensity Mixed Use and "M-1A(r71 "Light Industrial with Restrictions to "POD" Planned Development District: " acres, consisting of Lots 3A, 38 and 3C Creekside 1101 Subdivision and Lots 1 and 2 BBL306 Subdivision, as delineated on Exhibit 'A', and adopting the development standards as stated in Exhibit 'B'." SECTION 2 THAT all provisions of the Code of Ordinances of the City of New Braunfels not herein amended or repealed shall remain in full force and effect. SECTION 3 THAT all other ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent that they are in conflict. 1

191 181 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 27th day of September, PASSED AND APPROVED: Second and Final Reading this the 11th day of October, 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\Creekside Wellness PDD.doc 2

192 l-----.,----1oo R.o.w 'i I ~ If ~I t--18' w ANGLED I PARKING i I I,J..IOR PLAZA LOT (OR~ PARK ~b-- :s I I S: so ----, I t ~ ~ 1\ lj " l ~I l t I l! J 0 AU.,AWSI~~/&a~~'lllt-;,..I_IIASDOI lf=2s'i I : so -----, ~I I~ "I l-13 r: ~ ~13'-l I I" ~~ TWO LANES ~~ ill lwo WAY I~ ffrf!1j,f!~";;j'f&tfi1brj tltiit:~~r~ 1 ;;r,-;(:;i.11:=1\l;;j[ii'j'i=.'ili:tn~j]j.=-l I.u;Cf'S!.. ~AJfME~l.fECDON I '-! ll ' Li.\._ :... / IJ-~;;ar"("=f!lr:a11An - ~- ''\ \ \ I I I ~ I / _/ ~=j!~o illllo;:<: "\~ ' 1 I. I 1 r! LOT til if 1;1"~ z I I { f(~ r ~ -- 1 ~ b---~ I so I l1b'tj.. I ~-:J~ I I I I lwo LANES I TWO WAY I I I I I I I LOT17 I I I / i /1 J.f/,:.. 1,1 I!. ' : ( /!..._ 0' 2CD' ofdo' i!""q - NOTe> 1. AU. ldts WITHIN n-ie SUBDIVISION WlU. BE SDMD BY A PUBUC WATER SUPPLY NtD SANITARY SEWER OWNED BY NEW SRAI.INfUS urtt.mes. El.ECTRICRY WILL BE PROVIDED BY NE.W EIRAUNm..S urtt.mes. nuphone SEIMC FtiR lhe SUBDMSIOH WIU. BE PROVIDED B'f AT&T COMMUNICAliONS AND/OR lwe WARNER. 2. CONlOUR UNES SHOWN HEREON ARE FROM AN ~SUA~.. TOPOGRAPHIC fu.p lt.iarch 2001 PREPARED BY lanq.\ta CEO SERIIICES FOR THE CflY OF NEW 8RAUNFaS. 3. SUBDMS10H FALlS INSIDE THE CITY UMJTS OF nte crty OF HEW BRAUNFUS. 4. nte SUBDMSJDH IS WrrHIN lhe COI.W.. INDEPENDENT SCHOOL DISTRICT, 6. AU. FlRE LANES WILl BE IDENTIFIED WITH PROPER SJRFING ON ALL INTERtW. RtWIS AND WITHIN ACCESS ASEMOOS. CONCEPT PLAN PLANNED DEVELOPMENT DISTRICT OF CREEKSIDE WELLNESS CENTER ~NTS..._ P.O.B. POIN1' OF BEGJHHING R.O.W. RIOKr-oF-WAY B.L BUILDING SETBACK UNE U.E. UtlUlY EASOIENT O.E. DRAINACE E'ASEliENr 0 1/2 IRON PINS SEJ' IROH PINS FOUND (UNLESS CJT1o4ERWIS NOTED - CfiY Ut.IITS UHE ~ ::r a- - ;:;: ::: l> ~ BEING ACRES OF LAND OUT OF THE ANTONIO MARIA ESNAURIZAR ElEVEN LEAGUE GRANT, LOCATED IN COMAL COUNTY, TEXAS, AND BEING COMPRISED OF LOT 3A, LOT 38, LOT 3C, CREEKSIDE 1101 SUBDMSION N5 SHOWN ON A REPLAT OF CREEKSIDE 1101 SUBDMSION N5 RECORDED IN DOCUMENT NO OF THE MAP AND PLAT RECORDS OF COMAL COUNTY, TEXAS AND LOT 1 AND LOT 2 OF BBL306 SUBDMSION N5 RECORDED IN DOCUMENT NO OF THE MAP AND PLAT RECORDS OF COMAL COUNTY, TEXAS. 1-" co f\: -ff,.,:,tio.il~~.=:ill?:ue-,;:rj~if~-i~ilij!'-~itjt:ilj (~ -!' r, r -J1~.::: 1 rfi!tlt,l;.lr~'ft!~~;p:iill::-_j~l111 I I I ACC!.P@'Elj!_!ECDON I , '-_..,-' ====================================== HI~T INQIMEERIN11&8URV!!!I«< HOU.IoiiB NOELL R 1HORHHILL.&10 N. SEGUIN AVE. NEW BRAUNFELS, TEXAS, TSPE FIRM F.1088f PH:!83DI F~d S OAT& &!13llR ~.ZSWl, JOB NO,~ -... _../

193 183 Concept Plan - Narrative Planned Development District Project Name: Creekside Wellness Center August 19, 2010 Revised after August 16, 2010 meeting with City Staff Shannon Mattingly Director of Planning & Development City of New Braunfels This Concept 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. The name of the Project is-creekside Well ness Center. The Project is being jointly planned for development by Creekside 1101, Ltd., and its Purchaser the Verde Group, LLC., (Lots A- F and by FM 1101 Creekside BBL, Ltd. (Lots 1-27 as reflected on the drawing of the Concept Plan attached to the Application. The base zoning district is- MU-8 -"High Intensity Mixed Use District", which is the current zoning for Lots 1-27 and will be the base zoning district for Lots A-F as a result of the proposed rezoning. Concept Plan requirements: a. Relation to the comprehensive plan. The planned Development District is currently zoned MU-B and M-lA (r-71, and is located in the immediate vicinity of a proposed Regional Hospital and Medical Campus, and is therefore consistent with the plan and the base zoning districts. b. Acreage. The total acreage within the proposed zoning district is acres ~------~----~ ~ c. Survey. A metes and bounds description of the boundaries of the district is attached as part of the Application. d. Land Uses. The land uses will be those permitted uses in the base zoning district- MU-B e. General thoroughfare layout. The general thoroughfare layout is attached. The district will consist of both public and private streets, as well as, shared access easements for both vehicle and pedestrian traffic, designed to promote a pedestrian-friendly environment. f. Development Standards. Development standards will be consistent with the base zoning district except as noted herein and as shown on the Concept Plan submitted with the Application: (1 Minimum Lot Area- same as base zone district (2 Minimum Lot Width and Depth- same as base zone district (3 Minimum Front, Side, and Rear Building Setback Areas- same as base zone district. Setbacks will be measured from the boundary of the Private Street or Access Easement within each subject lot. (4 Maximum Height of Buildings- same as base zone district (5 Maximum Building Coverage- same as base zone district, except that Lot Coverage for Multi-Family dwellings is modified as provided in item 4 below (6 Maximum density -same as base zone district EXHIBIT "B"

194 184 (7 Minimum parking standards for each general land use- same as base zone districts- with exception of Shared Parking requirements modified as identified above in item 2 below (8 Deviations from other development standards are listed as items 1, 2, 3 and 4 below, and are shown on the Concept Plan. g. Existing Conditions. Shown on the Concept Plan submitted with the Application. Deviations from current ordinances and current development standards: 1. Private Streets and Access Easements: Private Streets and Access Easements will be (1 designed and built to provide a pedestrian friendly environment in accordance with the guidelines shown on the Concept Plan, (2 governed by a Master Community Covenant administered by a Property Owners Association, and (3 maintained by a Property Association. Throat length standards as provided in Chapter 114 of the Code of Ordinances of the City of New Braunfels will apply to the Private Streets and Access Easements. Private Streets and Access Easements may provide for Shared Parking. Private Streets and Access Easements will also serve as drainage, water, sewer, electric, telephone, cable TV, gas, and other public utility easements. Private Streets and Access Easements may also provide for parking, landscaping and pedestrian sidewalks and walk-ways. Fire Lanes will be marked. 2. Shared Parking: Required parking may be shared in accordance with the permitted uses and no deviation in the number of parking spaces per permitted use is requested. However, the parking requirements may be "shared" (shared parking upon an applicant-submitted parking study demonstrating that the required parking is available. The required shared parking may be shared beyond lot lines. Shared parking may be located around the Plaza/Park area, along Access Easements and Private Streets, and within designated lots. 3. Sidewalks: Sidewalks and pedestrian walk-ways will be designed and built to provide a pedestrian friendly environment in accordance-with an "alternathle_pedestrian access plan" and guidelines to be shown on the Detail Plan. 4. Lot Coverage for Multi-Family dwellings: For calculating the maximum lot coverage ratio for Multi-Family dwellings, Community Common Areas, such as the Plaza/Park area, the area around the Wet Pond, and Green/Open Space within the district may be used and considered. Respectfully Submitted, Creekside 1101, Ltd. By: Norris Realty of Canyon Lake, Inc. ltsg~~f By: W. M. Norris, President FM 1101 Creekside BBL, Ltd. By: FM 1101 Creekside BBL -MJ, LLC Its Genera~~ By: ~~ris, Manager Acknowledgement and Consent: The Verde Group, LLC ~ident By:J~ ager

195 185. Cityof ~J '' New Braunfels City Council Agenda Item Report October 11, 2010 Agenda Item No. 4-D Presenter/Contact -Jim Klein, City Engineer/Mary Quinones, Purchasing ( mquinones@nbtexas.org SUBJECT: Discuss and consider approval of the purchase of services from Dean Word Company LTD for construction and Terracon Consultants for material testing for Phase II of the 2010 Asphalt Overlay Program and authorization for the City Manager to execute the contract and change orders. BACKGROUND/RATIONALE: An invitation for bid was released by the City on August 20, 2010 for services to perform Phase II of the 2010 Asphalt Overlay Program that addresses needed improvements on Mill Stand Laurel Lane. This project will include milling and overlay procedures and a two course surface treatment. Maintenance includes: Mill Street milling and overlay procedures from Academy Ave. to Gilbert Ave.; Laurel Lane milling and overlay from Wood Rd. to Encino Dr. and Laurel Lane (additive alternate milling and overlay as well as partial reconstruction as required along the curbs from Wood Rd. to Landa St. The bid opening was on September 10, The bid was sent to 90 vendors through the bid website and/or picked up at the City Secretary's Office. Six bids were received for this project. Dean Word Company LTD located in New Braunfels was low bidder. Their base bid for this work is $254,820.29, with the additive alternate at $65, for a total bid price of $320, Staff recommends that a 10 percent contingency ($32, for the improvements be included in the project budget to facilitate any construction modifications that may be required during performance of the contract. Staff further recommends that $15,000 be allocated to engage Terracon Consultants Inc. for material testing. The total contract amount for the City with material testing and contingencies will be $367, ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: N/A X Yes Strategic Priorities: Infrastructure-Implement City Plan/Council ongoing program of infrastructure Priority: construction and maintenance FISCAL IMPACT: This project is funded at a total of $1 million in the 2008 Certificates of Obligation Capital Improvement Fund. To date, $659,004 has been spent and/or encumbered. Therefore, the unencumbered balance remaining from Phase I of the 2010 Asphalt Overlay Program is $340,996. This amount covers the full contract bid price including alternatives as well as the Page 1 of2

196 186 materials testing cost for this phase of the project. The proposed contingency of $32,030 is not fully funded. Should the full amount of contingency be needed, the additional $26,330 will be expended from the General Fund street maintenance and repair funding. - BOARD/COMMISSION RECOMMENDATION: N/A J l i I i STAFF RECOMMENDATION: Approval of the purchase of services from Dean Word Company LTD for construction and Terracon Consultants for material testing for Phase II of the Asphalt Overlay Program and authorization for the City Manager to execute the contract and change orders. / Page 2 of2

197 187 f'_,cityof ~-.New Braunfels City Council Agenda Item Report October 11, 2010 Agenda Item No. 4-E Presenter/Contact- Stacey Laird Dicke, Parks and Recreation Director ( SUBJECT: Discuss and consider approval of the purchase of engineering services from Halff Associates for repairs to Landa Park resulting from the June gth flood. BACKGROUND/RATIONALE: The June gfri flooding caused damage to many areas in Landa Park including the Gazebo Circle bridge, wading pool retaining walls. Staff is seeking approval to retain the services of Halff Associates for engineered design for repairs of these structures. Engineering costs will be $29,250. Once engineering is complete, staff will have an accurate probable cost of construction. Engineering and design is estimated to take 2 months. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: N/A X J City Plan/Council Yes Priority: I Continue an ongoing program of infrastructure construction and maintenance fiscal IMPACT: Funds from the FY Facility Maintenance Funds will be used for this project. BOARD/COMMISSION RECOMMENDATION: N/A STAFF RECOMMENDATION: Approval of the purchase of services from Halff Associates for engineering and design of Landa Park repairs. Page 1 of 1

198 ~- /

199 189 ~Jcityof ~: New Braunfels ' :;; City Council Agenda Item Report October, 11th 2010 Agenda Item No. 1 F Presenter/Contact- Patrick O'Connell - Fire Marshal ( poconnell@nbtexas.org SuBJEcT: Discuss and consider approval of the first reading of an ordinance to amend Chapter 54 Fire Prevention and Protection; Emergency Medical Services, Article Ill Sec. 54~ 87, Fire prevention and protection fees. BACKGROUND/RATIONALE: The proposed change more closely aligns our fire prevention and protection fees with our current operating policies and procedures. We actively encourage our customers to schedule and attend preconstruction meetings, offer to make site visits, and conduct preliminary plan reviews in an attempt to identify and address code related issues as early in a project as possible. Charging a preliminary review fee would tend to discourage that open dialogue. Controlled burning permits are rarely issued due to the strict requirements established by the Texas Commission on Environmental Quality and current zoning restrictions. When burning is permissible according to TCEQ standards and our zoning, it is more important that our customers contact the Fire Marshal's Office for a site safety inspection than collecting a $75.00 fee to review the ap,plication. This fee also discourages burn permit applications, with some customers risking a possible citation rather than applying for the proper permit. We currently require permits for the modification of existing fire sprinkler and fire alarm system. We need ~-~to-add-fixed-pipe suppression-systems-to-the modifieation-requirements,- This addition is consistent with our requirements for other automatic notification or suppression system and ensures that we are notified of changes to the design of fixed systems such as cooking suppression systems and paint/spray booths. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: I City Plan/Council Priority: FISCAL IMPACT: The fiscal impact will be minimal because we issue very few burn permits each year and do not charge preliminary plan review fees for plans that are reviewed during pre-construction meetings. BOARD/COMMISSION RECOMMENDATION: STAFF RECOMMENDATION: Staff recommends approval Page 1 of 1

200 190 ORDINANCE NO AN ORDINANCE OF THE CITY OF NEW BRAUNFELS, TEXAS, REPEALING _.- CHAPTER 54 "FIRE PREVENTION AND PROTECTION; EMERGENCY MEDICAL SERVICES," ARTICLE Ill. "FIRE PREVENTION," SEC "INTERNATIONAL FIRE CODE; AND AMENDMENTS," IN ITS ENTIRETY AND ADOPTING A NEW SEC "INTERNATIONAL FIRE CODE; AND AMENDMENTS" OF THE CODE OF ORDINANCES FOR THE CITY OF NEW BRAUNFELS, TEXAS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS: SECTION 1: That Chapter 54 "Fire Prevention and Protection; emergency Medical Services," Article Ill. "Fire Prevention," Sec "International Fire Code; and amendments" of the Code of Ordinances for the City of New Braunfels, Texas, is repealed in its entirety and a new Sec "International Fire Code; and amendments" is hereby adopted and shall hereafter read as follows: Section International Fire Code; and amendments. (a Adopted. The International Fire Code, 2006 edition, (IFC including appendixes A, B, D, E, F, G and H thereto, as published by the International Code Council, Inc. are hereby adopted and incorporated by Teference-as-the-fire-code-of--the-eity 1 -sttbjeet-te-ana-insludinq l;>y-reference such amendments as shall appear in this article. (b Amendments, modifications, and deletions to the 2006 International Fire Code. Amendments, modifications, and deletions to the 2006 International Fire Code are adopted as follows: Section is deleted. Section is amended to read as follows: Construction board of appeals. The construction board of appeals will hear and decide appeals of orders, decisions or determinations made by the code official relative to the application and interpretation of this code. Section is amended to read as follows: Violation penalties. Persons who violate this code or who fail to comply with any of the requirements in this code, or who erect, install, alter, repair or do work in violation of the approved construction documents or contrary to the directives of the fire code official or in violation of a permit or certificate issued under provisions of this code, shall be assessed a fine up to $2,000. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Page 1 of 10

201 191 Section is amended to read as follows: Failure to comply. Any person who continues work after having been served with a stop work order, except such work the code official has directed to be performed to remedy a violation or unsafe condition, shall be subjected to a fine not to exceed $2,000. The following definitions in Section 202 are amended to read as follows: Code official. The Code Official is the Building Official except where specifically described as the Fire Code Official. The building official shall have the authority to render interpretations of all of these codes and ordinances and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of these codes and ordinances. The building official will be the final authority in any disputes of any interpretations of or any conflicts between these codes and ordinances. The building official is also the final authority in determining who will apply and enforce these codes and ordinances. Fire Code official. The fire marshal or a duly authorized representative charged with the duties of administration and enforcement of the Fire Code. Facility. A building or use in a fixed location, including exterior storage areas, piers, wharves, tank farms, and similar uses. This term includes recreational vehicles, mobile home parks, manufactured housing parks, sales lots, and storage lots. Fire Watch. A temporary measure intended to ensure continuous and - systematlc-survetltarrc-e--ot-a~building- and- portion- -thereof by-one ( 1 or more fire marshal approved individuals for the purpose of identifying and controlling fire hazards, detecting early signs of unwanted fire, raising an alarm of fire, and notifying the fire department. Section 307 is amended to read as follows: Open burning. It shall be unlawful to burn or cause to be burned any combustibles including uncut grass, weeds, timber, rubbish, leaves, or other natural or synthetic materials on any street, alley, lot, or premises without a permit. Such prohibited fires shall include bonfires and fires used for ceremonial purposes Permits. A permit or authorization from the fire code official shall be obtained in accordance with before engaging in open trench burning or open air burning of dead livestock Some fires prohibited. The fire code official may prohibit any or all burning, including permit burning, when the atmospheric conditions or circumstances make such fires hazardous. Page 2 oflo

202 192 Section is amended by adding the following subsection: Outdoor cooking. It is unlawful to use or to store a charcoal burner, open flame, LP gas burner, outdoor grill, barbecue, or other outdoor cooking appliance with open flame on the premises of a residential building with three or more dwelling units or of a multifamily residential building with two or more stories. The provision does not apply to the use of permanently mounted outdoor cooking devices located ten or more feet from any structure. Section is amended by deleting the exception. Section is amended to read as follows: Buildings and Facilities. Approved fire apparatus access roads shall be provided for every facility, building, or portion of a building. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet (45,720 mm of all portions of the facility or any portion of the exterior wall of the first story of the building as measured by an approved route around the exterior of the building or facility. Exception: The fire code official is authorized to increase the dimension of 150 feet (45,720 mm where: 1. The building is equipped throughout with an approved automatic sprinkler system installed in accordance with section , or ; 2. Fire apparatus access roads cannot be installed due to location on property, topography, waterways, non-negotiable grades or other -~similar- conaitions-;-~~ana~ anapptcrved alternative means of fire protection is provided; or 3. There are not more than two Group R-3 or Group U occupancies. Section is amended to read as follows: Grade. The grade of the fire apparatus access road shall not exceed 6 percent in grade. Exception: Grades steeper than 6 percent as approved by the fire code official. Section is amended to read as follows: Marking. Approved markings, signs, or other notices to identify such roads or prohibit the obstruction thereof shall be provided for fire apparatus access roads. The Fire code official shall provide the acceptable standards and specifications. Signs, markings, and other notices shall be maintained in a clean and legible condition at all times and shall be replaced or repaired when necessary to provide adequate visibility. Section is amended to read as follows: Page 3 of 10

203 Address numbers. New and existing buildings shall have approved address numbers, building numbers, or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 6 inches high with a minimum stroke width of 0.5 inch. Section is amended to read as follows: Fire flow. The purpose of this section is to provide direction for the design and installation of fire service and water utilities. This section shall be used in conjunction with all other adopted and referenced codes and standards. If this section conflicts with other codes or standards, the most restrictive shall apply Definitions. Commercial means the use of a building or structure for commercial operations including, but not limited to, hotels, motels, apartments, and dwellings excluding one and two family dwellings. Residential means a one or two family dwelling Fire flows required. (a Every fire hydrant shall be capable of providing a minimum flow of 500 GPM in areas zoned residential and 1500 GPM in areas zoned commercial or industrial. (bl Fire _hyfjrc:~nt flows determined by the Insurance Services Org;inization's (ISOf-Fire-- Suppression Rating Schedule shall be provided for all new buildings and changes of occupancy classification in existing buildings. Calculations are in Appendix B. (c Fire hydrant flows for buildings provided with fire sprinkler systems shall either meet the requirements of subsection (b or not be less than the required flow of the sprinkler system plus 500 GPM. (d The flow requirements listed in this section shall be met with a minimum of 20 pounds per square inch residual. This residual must be maintained in residential, commercial, and industrial areas. Flow in residential areas is to be calculated at 1.5 GPM per living unit. (e If the fire code official determines that an occupancy is of a hazardous nature, or if special hazards exist in addition to the normal hazard of the occupancy, section 901 of the International Fire Code shall apply. Section is amended to read as follows: Page 4 of 10

204 Fire hydrant systems (a A fire hydrant is a national standard three-way hydrant connected to six-inch or larger water mains. (b A two-way fire hydrant is not recognized unless it was installed before October 15, 1952 or it was installed in conjunction with nationally approved sprinkler systems. (c Fire hydrants shall conform to the AWWA Standard for Dry Barrel Fire Hydrants, C502 or the latest revision thereof. (d Fire hydrants shall have one 4.5 inch steamer and two 2.5 inch side connections with National Standard threads. (e Hydrants must be located so that no portion of any new structure is more than 500 feet, as the hose lies, on accessible approved roadways. (f Hydrants shall be spaced no less than every 600 feet in residentially zoned areas (R 1 and R2 and no less than one every 300 feet in commercial and industrial zoned areas and to include heavily congested residential areas (R3. (g Fire hydrants shall be installed such that the center of the main outlet on the front of the hydrant is not less than 18 inches from final grade level. The main outlet shall face the street adjacent to the hydrant. (h Fire hydrants shall be limited to traffic models equipped with a safety flange on the hydrant barrel and stem. Section exceptions are amended as follows: -- -ExceptiOI"lS: ~~ For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with or , the distance requirement shall be 600 feet. Section is amended to read as follows: Water mains required. (a Water mains shall be at least eight inches and large enough to supply the required fire flows. Consideration will be given for 6-inch pipe in cui-de-sacs less than 400 feet in length. All developers shall provide an engineer certified computer model to the fire and utilities departments. The model shall indicate the minimum fire flows that will be met. Existing mains shall be brought into compliance with this requirement when they undergo major repairs or when the fire flow demands exceed the existing fire flows. (b New eight-inch dead-end main more than 1320 feet long must be looped. (c New eight-inch looped main shall not exceed 2500 feet, unless approved by the fire and utility departments. Page 5 of 10

205 195 (d (e Any six-inch lead lines for hydrants cannot exceed 100 foot and, in no case, reduce the amount of required fire flow. Private fire service mains and water tanks shall be inspected, tested, and maintained in accordance with NFPA 25. Page 6 oflo

206 196 Section 508 is amended by adding the following: Marking. All fire hydrants located in the city shall be identified with a blue reflector affixed to the pavement so that a hydrant is readily visible to arriving fire companies. On unpaved streets, a blue reflector shall be affixed to a post as close as practicable to the edge of the roadway so as to be visible. Specifications of type and placement of markers shall be obtained from the fire prevention office The developers and/or landowners of newly developed water distribution systems for subdivisions, shopping malls and private land use shall be responsible for the cost and installation of the hydrant spotters required by this section. Section 605 is amended by adding the following: Labels for disconnecting means. Each disconnecting means for each service feed, or branch circuit shall be legibly marked to indicate its purpose at the point where it originates. Where the service feeder or branch is located on a building or other structure, a description of the device and address of the building must be prominently displayed utilizing a marking of sufficient durability to withstand the environment involved. A list of acceptable marking devices and labels can be obtained through the electric utility department. Section is amended to read as follows: Artwork. Posted flammable or combustible paper or plastic materials on walls shall be limited to not more than 20 percent of the wall area in corridors and not more than 50 percent of the wall area of each wall in classrooms. Artwork and teaching materials are not an exception -----to-thrs-reqairement Section is amended to read as follows: Artwork. Posted flammable or combustible paper or plastic materials on walls shall be limited to not more than 20 percent of the wall area in corridors and not more than 50 percent of the wall area of each wall in classrooms. Artwork and teaching materials are not an exception to this requirement. Section 903 is amended by adding section Installation. Automatic sprinkler and standpipe systems shall be installed with the following: 1. Fire department connections shall be provided with one 5- inch Storz connection and at least one 2 1/2 inch connection with locking Knox caps. 2. A single underground supply and point for the Fire Department Connections (FDC shall be provided for all buildings. 3. All inspectors' test, ball-drips, and main-drains shall be piped directly to the outside of the building. Section , exception 4, is deleted. Page 7 oflo

207 197 Appendix B is amended to read as follows: Appendix B Fire Flow Calculations The following information is a summary and is provided to assist in understanding the required fire flow calculation method. Refer to the Insurance Services Organization's (ISO Fire Suppression Rating Schedule for actual calculations. Where any question or discrepancy exists Fire Suppression Rating Schedule should be followed. The I SO's method for calculation of fire flows considers the square footage, type of construction, type of occupancy, exposure, and communication of the building to be protected. The required fire flow ("F" is determined as follows where: A= effective area C = construction coefficient* 0 = occupancy factor* E = exposure factor* M = communication factor* F = required flow F = 18 (O(E(M(C(A The effective area is the sum of 100 per cent of the ground floor and 50 per cent of all additional floors. The final result is rounded to the nearest 250 GPM up to 2500 GPM and to the nearest 500 GPM beyond 2500 GPM. -~see ffieis1rfire-suppresslon -Rating ScneautEnor-deta1ts-on-catcutation: SECTION 2: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable and, if any phrase, clause, sentence, paragraph or section of this Ordinance should be declared invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance. SECTION 3: All provisions of the Code of Ordinances of the City of New Braunfels not herein amended or repealed shall remain in full force and effect. SECTION 4: All Ordinances or parts thereof in conflict herewith are repealed to the extent of such conflict only. SECTION 5: This Ordinance will take effect upon the second and final reading in accordance with the provisions of the Charter of the City of New Braunfels. PASSED AND APPROVED: First reading this 11th day of October, Page 9 oflo

208 198 PASSED AND APPROVED: Second reading this 25 1 h day of October, CITY OF NEW BRAUNFELS, TEXAS By: Bruce Boyer, Mayor ATTEST: Ann Smith, Interim City Secretary APPROVED AS TO FORM: Alan C. Wayland, City Attorney Page 10 oflo

209 199 City Council Agenda Item Report October 11th, 2010 Agenda Item No. 1 q Presenter/Contact- Patrick O'Connell - Fire Marshal ( poconnell@nbtexas.org SUBJECT: Discuss and consider approval of the first reading of an ordinance to repeal Chapter 54 Fire Prevention and Protection; Emergency Medical Services, Article Ill Sec , International Fire Code; and amendments, in its entirety and adopting a new Sec International Fire Code; and amendments of the New Braunfels Code of Ordinances. BACKGROUND/RATIONALE: Repealing Sec entirely and replacing it with a new Sec will allow us to eliminate a significant number of redundancies identified during a careful review of the amendments to the adopted 2006 International Fire Code. The identified redundancies can be eliminated without reducing our ability to enforce all provisions of the fire code. The intent of this action is to revert to the original code language as much as possible and keep only those amendments that address specific locally identified safety or operational issues. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: ~ N/A Yes I City Plan/Council Priority: I ~---- FISCAL IMPACT: N/A BOARD/COMMISSION RECOMMENDATION: STAFF RECOMMENDATION: Staff recommends approval n Page 1 of 1

210 200 ORDINANCE NO AN ORDINANCE OF THE CITY OF NEW BRAUNFELS, TEXAS, AMENDING CHAPTER 54 "FIRE PREVENTION AND PROTECTION; EMERGENCY MEDICAL SERVICES," ARTICLE Ill. "FIRE PREVENTION," BY AMENDING SECTION "FIRE PREVENTION AND PROTECTION FEES;" PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS: SECTION 1: That Chapter 54 "Fire Prevention and Protection, Emergency Medical Services," Article Ill. "Fire Prevention," is hereby amended by amending Section "Fire Prevention and Protection Fees" which shall hereinafter read as follows: Section Fire Prevention and Protection Fees. (a (b Tent permits for all tents 200 square feet or greater is $ Applicants that use tents on a regular basis may apply for an annual tent permit and the fee for the annual tent permit is $ System permits: (1 Fixed pipe suppression system permit: $50.00 per system ----(2-- -Fire-sprinkler-system-permit:-- - $ for systems with up to 200 heads, $0.50 for each additional head, $1, maximum fee. (3 Fire alarm system permit: $ for systems with up to 200 initiating and/or signaling devices, $0.50 for each additional initiating and/or signaling device, $ maximum fee. (4 Standpipe/water supply permit: $ per system when not installed in conjunction with new building construction. (5 Smoke control system permit: $75.00 per system. (6 Temporary flammable or combustible liquid tank permit: $ per system. (7 System modification permit: \ Page 1 of3

211 201 Existing fire sprinkler system (up to twenty sprinkler heads is $75.00, Existing fire alarm system (up to ten initiating/signaling devices is $75.00 Existing fixed pipe fire suppression system is $ (8 Re-inspection/retest fee: $50.00 for each re-inspection/retest. This fee shall be paid before any subsequent inspections are made. (9 Double permit fees may be imposed where the fire code official finds that a condition, activity or occupancy requiring a permit exists and no permit has been issued by the fire official. ( 10 Licensed facility inspections: Daycares $50.00, Nursing or care centers $150.00, Hospitals $200.00, Institutional restrained $200.00, Licensed in home facilities $50.00, Foster homes or adoption centers are EXEMPT These fees only apply to State licensed facilities that require annual fire inspections for operational permits. Non-profit governmental organizations are exempt from this section (f1t Fire watch:-$50.q(rper noufpefqualifie-afifeservicepersonnel. SECTION 2: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable and, if any phrase, clause, sentence, paragraph or section of this Ordinance should be declared invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance. SECTION 3: All provisions of the Code of Ordinances of the City of New Braunfels not herein amended or repealed shall remain in full force and effect. SECTION 4: All Ordinances or parts thereof in conflict herewith are repealed to the extent of such conflict only. SECTION 5: This Ordinance will take effect upon the second and final reading in accordance with the provisions of the Charter of the City of New Braunfels. PASSED AND APPROVED: First reading this 11th day of October, Page 2 of 3

212 202 PASSED AND APPROVED: Second reading this 25th day of October, CITY OF NEW BRAUNFELS, TEXAS By: Bruce Boyer, Mayor ATTEST: Ann Smith, Interim City Secretary APPROVED AS TO FORM: Alan C. Wayland, City Attorney Page 3 of3

213 203 City Council Agenda Item Report October 11, Agenda Item No. LJ- H Presenter/Contact- Shannon Mattingly, Planning Director ( smattingly@nbtexas.org SuBJEcT: Public Hearing on Community Development Block Grant ("CDBG" Program Year 2011 One-Year Action Plan. BACKGROUND/RATIONALE: The Consolidated Plan is for Program Year 2011's One Year Action Plan which is an in-depth description of the proposed expenditures utilizing CDBG funds received from HUD. This City Council meeting serves as the second Public Hearing for Citizen's Comments on Community Development Block grant funding for Program Year It is anticipated that the City will receive approximately $377,823 in CDBG funding to provide services to low- and moderate-income residents of the City of New Braunfels. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: N/A ~---~ I Strategic Eriorities: Growth and development. -1 Yes City Plan/Council Priority: Comprehensive Plan: Affordable housing, recreational facilities, historic preservation, education and youth. FISCAL IMPACT: The following budget is being recommended: TOTAL GRANT: $377,823 LESS 20% ADMINISTRATION -$75,565 LESS 15% PUBLIC SERVICE -$56,673 PROJECTS AVAILABLE FOR PUBLIC $245,485 FACILITY PROJECTS PUBLIC FACILITY PROJECTS: Available Fundina: $245,485 Page 1 of2

214 204 Project Amt. Recommended Habitat for Humanity $47,500 Senior Citizen's Minor Home Repair $100,000 Program Facade Improvements $50,000 City of NB Minor Home Repair $40,000 Program TOTAL: $237,500 PUBLIC SERVICE PROJECTS: Available Fundinc : $ Project Amt. Recommended Communities in Schools $5,000 Big Brother/Big Sisters of So. Texas $5,000 Children's Advocacy Center $10,000 Senior Citizen's Center-My Friend's $5,000 Haus Ravenstar (Outdoor Classrooms $10,000 CASA (Court Advocacy $5,000 SART Foundation $5,000 Senior Citizen's Center- Meals on $11,673 Wheels TOTAL: $56,673 These funds constitute a grant to the City from HUD, and there is no matching requirement BoA~o/eoMMISSI0N-REC0MMENBA'TI0Nf The Community Development Advisory Committee has recommended approval of the One Year Action Plan for Program Year STAFF RECOMMENDATION: No recommendation. Only a public hearing with action to be taken on November 8, U:\CDBG\PY 2010\ action plan agenda report.docx Page 2 of2

215 205 ~J N~~ Braunfels City Council Agenda Item Report October 11, 2010 Agenda Item No. '-1 f Presenter/Contact- Shannon Mattingly, Planning Director ( smattingly@nbtexas.org SUBJECT: Public Hearing 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. BACKGROUND/RATIONALE: A new form of advertising began appearing in the City in early summer this year. It started with panel trucks that have converted side panels that allow the signs on the side panels to rotate; thereby, creating three sign faces per panel. The signs advertise a variety of goods and services that are not provided by the owner of the truck nor offered on the property they are parked on. Another advertiser appeared utilizing electronic message boards attached to vehicles. With the appearance of these new off-premise mobile signs Staff began receiving 9omplaint calls. Staff researched the legality of said signs through the Sign Ordinance. The current Sign Ordinance prohibits off-premise signs within the city limits and the ET J, but it also exempts signs on operable vehicles. The signs also do not meet the definition of portable signs The current Sign Ordinance is intended to prohibit the subject signs, but aswritten Staff cannot enforce their removal. To address the conflict in the ordinance, the legal Staff has drafted the attached revisions to the Sign Ordinance. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: Yes City Plan/Council Pros: Priority: Goal 12: Protect and enhance the visual 2006 Comprehensive Plan environment of the City. Pros and Cons Based on Policies Plan Cons: None fiscal IMPACT: N/A BOARD/COMMISSION RECOMMENDATION: N/A Pa e 1 of2

216 206 STAFF RECOMMENDATION: Staff recommends approval to amend the Sign Ordinance. ATTACHMENTS: 1. Ordinance U:\Pianning\CCagenda\Ordinance Amendments\Sign Ord Short mobile billboardsl doc Page 2 of2

217 207 ORDINANCE NO AN ORDINANCE OF THE CITY OF NEW BRAUNFELS 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; AMENDING SECTION TO PROHIBIT MOBILE BILLBOARDS; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the basic purpose of mobile billboards is to display commercial advertising on public streets, and by their nature, mobile billboards are intended to attract the attention of citizens on public streets and adjacent right-of-way, including drivers, pedestrians, bicyclists, and others; and WHEREAS, vehicles that display commercial advertising from a mobile platform, which can start, stop, and turn abruptly, accentuate the tendency of commercial advertising to seize attention and distract drivers and pedestrians; and WHEREAS, the use of motor vehicles to display commercial advertising_creates exhaust emissions and adds traffic congestion by placing additional motor vehicles on City streets for the sole purpose of advertising; and WHEREAS, mobile billboards create aesthetic blight and visual clutter, as well as potential and actual traffic, health and safety hazards; and WHEREAS, prohibiting mobile billboards will promote the public health, safety and welfare ofmotorists,-pedestrians,-bicyclists--and -others using-th~-public-streets-and roadways. in the City by eliminating aesthetic blight and visual clutter and potential traffic and safety hazards; and WHEREAS, a prohibition on mobile billboards will also reduce traffic congestion and exhaust emissions by eliminating an emission source that requires and encourages continuous operation of motor vehicle engines; and WHEREAS, prohibiting mobile billboards will protect the public investment in and the character and dignity of the City's streets; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS: by: SECTION 1: That Chapter 106 "Signs" of the Code of Ordinances is hereby amended a. Amending Section "Definitions" by adding a new definition for "Mobile Billboards" and revising the definition of "Off-premises sign" which shall hereinafter read as follows: Legai/Common/Ordinances/2010/0rd.Signs.Mobile Billboards Page 1 of3

218 208 Mobile Billboard means a sign and/or an electronic message sign installed or displayed on a motor vehicle or a trailer being towed by a motor vehicle for the purpose of advertising a business or entity that is unrelated to the owner of the vehicle's primary business. The term does not include a sign that is displayed or installed on: (a a water recreation shuttle vehicle; (b a bus that is used primarily for the purpose of transporting multiple passengers; (c a taxicab; or (d a vehicle operated in the normal course of the vehicle owner's business, if the sign contains advertising or identifying information directly related to the business and is not used to display advertising that is unrelated to the business. Off-premises sign means any outdoor sign or Mobile Billboard advertising a business activity or use not primarily offered, sold, or conducted upon the same premises on which the sign is located. b. Amending Section "Prohibited Signs" by adding a new Subsection ( 12 which shall hereinafter read as follows: (12 Mobile billboards except that a mobile billboard operator who is operating within the City on the effective date of this ordinance and registers proof of such operation with the City Secretary's Office within thirty (30 days of the effective date of this ordinance is not subject to the prohibition until one (1 year after the effective date ofthe ordinance. SECTION 2: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable and, if any phrase, clause, sentence, paragraph or section of this Ordinance should be declared invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance. SECTION 3: All provisions of the Code of Ordinances of the City of New Braunfels not herein amended or repealed shall remain in full force and effect. All Ordinances or parts thereof in conflict herewith are repealed to the extent of such conflict only. SECTION 4: This Ordinance will take effect upon the second and final reading m accordance with the provisions of the Charter of the City ofnew Braunfels. LegaVCommon/Ordinances/2010/0rd.Signs.Mobile Billboards Page 2 of3

219 PASSED AND APPROVED: First reading this 11th day of October, PASS ED AND APPROVED: Second reading this 25th day of October, CITY OF NEW BRAUNFELS, TEXAS By: Bruce Boyer, Mayor ATTEST: Ann Smith, Interim City Secretary APPROVED AS TO FORM: Alan C. Wayland, City Attorney Legal/Common/Ordinances/2010/0rd.Signs.Mobile Billboards Page 3 of3

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221 211 ~J N~~ Braunfels City Council Agenda Item Report October 11, 2010 Agenda Item No. 1 :J Presenter/Contact- Shannon Mattingly, Planning Director ( smattingly@nbtexas.org SuBJECT: Public Hearing and consider the first reading of an ordinance amending Section 5.16, Short Term Rental or Occupancy in one and two unit dwellings, Chapter 144, Zoning Ordinance. BACKGROUND/RATIONALE: Staff has been working with the Planning Commission and the City Council regarding the numerous issues surrounding the use of one and two unit dwellings for short term rentals (less than 30 days for the past several months including several workshops. As a result of the earlier discussions Staff has been pursuing the rezoning of residential neighborhoods that do not have the protection of residential zoning. Staff has also been directed to revise the ordinance to prohibit short term rentals from locating within single family neighborhoods. Notification:. Public hearing notice was posted in the newspaper and has been posted on the City's website. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: ~-- Yes City Plan/Council Pros: Priority: Goal 20: Protect the character and boundaries of 2006 Comprehensive Plan existing neighborhoods Pros and Cons Based on Policies Plan Cons: None FISCAL IMPACT: None. PLANNING COMMISSION RECOMMENDATION: NA STAFF RECOMMENDATION: Staff recommends approval to amend the Zoning Ordinance. ATTACHMENTS: 1. Proposed revision 2. Ordinance U:\Pianning\CCagenda\Ordinance Amendments \Zoning Ord Short Term Rental O.doc Page 1 of 1

222 212 Proposed Revisions Short term rental or occupancy in one and two unit Occupancy of a one or two unit dwelling for less than 30 consecutive days is restricted as follows: (1 Prohibited in single family and two family districts. which includes the following district: R-1. R-2, ZH, R-1A-43.5, R-1A-12. R-1A-8, R-1A-6.6. ZHA. and SND-1. Permitted in any zoning district except in C-4, C-4A, C-48, C-2, and C-2A districts and by Special Use Permit in all other districts is not permitted except by special use permit and is subject to the following requirements: a.f-1-j Parking. There shall be at least one off-street parking space, not including the garage, for each bedroom in the dwelling..!lf2-t Signs. A maximum 4 square foot advertising sign is permitted on the property to be used for short term occupancy. (b Occupancy of a unit of a one or two unit dwelling by more than five persons not a family and not related by blood, marriage, or guardianship is not permitted in the R-1, R- 2, R-3, C-1, C-3, M-1, R-1A-43.5, R-1A-12, R-1A-8, R-1A-6.6, R-3L, R-3H, MU-A, or MU-8 zoning districts. (c A building constructed as a one or two unit dwelling may not be used as a lodging or boarding house with occupancy by one or more persons for less than 30 days in the R-1, R-2, R-3, C-1, C-3, M-1, R-1A-43.5, R-1A-12, R-1A-8, R-1A-6.6, R-3L, R-3H, MU-A, or MU-8. (d Registration. Owners of property or their agents shall register and receive a certification of legal non-conforming rights ("Certificate" to continue to use a one or two family Qw!JiiD_g_w_bich_i _not_in <;:(njori1'1_cinc_e with S~cti~_115.16(a, ~~ove. (1 Registration and requests for the certificate shall be made to the Planning Director on forms provided by his office. (2 The Planning Director shall issue a certificate if he finds, after consultation with the City Attorney, the property was legally conforming to the zoning ordinance at the time the short-term rental or multiple household occupancy began. (3 The burden of proof of legal non-conforming rights is on the applicanuregistrant. (4 Appeal of a denial of the certification may be made to the Zoning Board of Adjustment in accordance with the appeal process in this Chapter.

223 213 ORDINANCE NO AN ORDINANCE AMENDING CHAPTER 144, ZONING, NEW BRAUNFELS CODE OF ORDINANCES, BY AMENDING SECTION 5-16, SHORT TERM RENTAL OR OCCUPANCY IN ONE AND TWO UNIT DWELLINGS; REPEALING ALL ORDINANCES IN CONFLICT; CONTAINING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of New Braunfels, Texas, finds it necessary to amend the allowable location of short term rental in one and two unit dwellings to protect residential neighborhoods in New Braunfels; WHEREAS, Goal #20 of the Comprehensive Plan is to protect the character and boundaries of existing neighborhoods; WHEREAS, the City Council held workshops on March 15 and March 22, 2010, a joint workshop with the Planning Commission on March 29, 2010, and a Council discussion on September 13, 2010, and gave staff direction concerning the ordinance; WHEREAS, the City Council held a public hearing on October 11, 201 0; WHEREAS, City Council finds that amending Chapter 144 is in the best interest of the citizens of New Braunfels; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS: SECTION 1 THAT Section 5.16 is hereby deleted and replaced with the following: Short term rental or occupancy in one and two unit dwellings. (a Occupancy of a one or two unit dwelling for less than 30 consecutive days is restricted as follows: (1 Prohibited in single family and two family districts, which includes the following district: R-1, R-2, ZH, R-1A-43.5, R-1A-12, R-1A-8, R-1A-6.6, ZHA, and SND-1. (2 Permitted in C-4, C-4A, C-4B, C-2, and C-2A districts and by Special Use Permit in all other districts subject to the following requirements: a. Parking. There shall be at least one off-street parking space, not including the garage, for each bedroom in the dwelling. b. Signs. A maximum 4 square foot advertising sign is permitted on the property to be used for short term occupancy. (b Occupancy of a unit of a one or two unit dwelling by more than five persons not a family and not related by blood, marriage, or guardianship is not permitted in the R-1, R-2, R- 3, C-1, C-3, M-1, R-1A-43.5, R-1A-12, R-1A-8, R-1A-6.6, R-3L, R-3H, MU-A, or MU-B zoning districts. U:\Pianning\Ordinances\Amendments\Short Term Rental 10-1 O.doc Page 1

224 214 (c A building constructed as a one or two unit dwelling may not be used as a lodging or boarding house with occupancy by one or more persons for less than 30 days in the R-1, R-2, R-3, C-1, C-3, M-1, R-1A-43.5, R-1A-12, R-1A-8, R-1A-6.6, R-3L, R-3H, MU-A, or MU-8. (d Registration. Owners of property or their agents shall register and receive a certification of legal non-conforming rights ("Certificate" to continue to use a one or two family dwelling which is not in conformance with Section 5.16(a}, above. (1 Registration and requests for the certificate shall be made to the Planning Director on forms provided by his office. (2 The Planning Director shall issue a certificate if he finds, after consultation with the City Attorney, the property was legally conforming to the zoning ordinance at the time the short-term rental or multiple household occupancy began. (3 The burden of proof of legal non-conforming rights is on the applicant/registrant. (4 Appeal of a denial of the certification may be made to the Zoning Board of Adjustment in accordance with the appeal process in this Chapter. 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.. tbatthey_.are.in_qqof!ic;t. 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. U:\Pianning\Ordinances\Amendments\Short Term Rental 10-1 O.doc Page 2

225 L.Lv SECTIONS THIS ordinance will take effect upon the second and final reading of same. PASSED AND APPROVED: First Reading this the 11th day of October, PASSED AND APPROVED: Second and Final Reading this the 25 1 h day of October, 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\Amendments\Short Term Rental1 0-1 O.doc Page 3

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227 217 ~J N~ Braunfels City Council Agenda Item Report OCTOBER 11,2010 Agenda Item No. :i K 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 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 with R-1A-8 base zoning. The POD allows departures from some ordinance standards while increasing others, to provide an enhanced overall product that could not be achieved under a regular zoning district. The land.. ~ --use-will remainsingle-family.residential. The Concept Plan presents a residential neighborhood of 136 single-family lots with meandering streets and common open space. The gross residential density is 3.06 units per acre. Over 9 acres of park/open space are proposed within the subdivision. The developer is proposing to dedicate 10 acres of parkland on Mission Hill to the City. However, the Parks Department has not yet reviewed or approved this dedication. Parkland requirements will be reviewed when the property is platted. Restrictions from the former zoning have been incorporated in the proposed development standards. All standards of the R-1A-8 base zoning will apply unless specifically modified by the POD, as detailed in the table below. Departures from ordinance standards, detailed in the POD Development Standards, include: R-1A-8 with restrictions Enclave at Westpointe Village POD Min. lot size 8,000 sq. ft. 7,000 sq. ft. Average lot size 8,000 sq. ft. 9,413 sq. ft. 15 ft at 25' setback line; 59 ft at front Min. lot width 70ft setback indicated on plan (cul-de-sac lots Side setback 5 ft interior; ft corner 15 ft adjacent to Westpoint Dr; 5 ft all other lots Page 1 of4

228 218 Access points >50 lots require 2 access points gated entry; secondary exit/emergency access Building coverage no maximum 33.15% average Sidewalk width 4ft 6ft Building material rear/sides masonry adjacent to rear/sides masonry adjacent to Hunters Hunters Creek Creek Max. building_ height 35 ft; 1-story adjacent to Hunters Crk 35 ft; 1-story adjacent to Hunters Creek Connectivity no connection to Hunters Ridge no connection to Hunters Ridge ac. of natural areas within the subdivision, and 10 ac. park dedication on Mission Hill (requires Parks Department Parkland dedication 1/150 acre (209.4 sq. ft. per dwelling approval The following deviation from street design standards are also requested: R-1A-8 Enclave at Westpointe Village POD none Tangents between reverse curves help prevent drivers from cutting curves and driving into the oncoming lane of traffic. If the proposed standards are approved, the City Engineer recommends that a center stripe be utilized. A typical local residential street section provides 30 feet of pavement width, which includes 14 feet of travel lane and 8 feet on each side for street parking. The applicant's original submittal proposed 28 feet of pavement width, and the City Engineer and Fire Marshal recommended parking on only one side of the street to maintain proper lane width for a fire truck. After discussion at the Planning Commission meeting, the applicant revised the, pavement width to meet the City requirement of 30 feet. With the proposed street design, the City Engineer could not recommend the City ever accept the private streets should the Homeowners Association request that in the future. Although drainage plans are not a Planned Development District requirement, an extensive review has been done and determined that the identified drainage facility meets all City requirements. In making a determination on zoning, City Council considers the following factors: Whether the permitted uses will be appropriate in the immediate area, and their relationship to the area and to the City as a whole; Whether the change is in accord with any existing or proposed public schools, streets, water supply, sanitary sewers, and other utilities to the area; How other areas designated for similar development will be affected; Any other factors that will substantially affect the public health, safety, morals, or general welfare; and Whether the request is consistent with the Comprehensive Plan. General Information: Size: Surrounding Zoning Page 2 of acres North- R-1A6.6/ Single-family residences - /

229 219 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. 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 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. Page 3 of4

230 220 STAFF RECOMMENDATION: Staff recommends approval of the proposed planned development district, which has been updated to include the Planning Commission's recommended changes and is compatible with area development and consistent with goals stated in the Comprehensive Plan, with --- the following revisions to the development standards: 1. Include a centerline stripe on internal roads; 2. Amend Concept Plan Summary Table to show 15' side setback along Westpointe Dr. ATTACHMENTS: 1. Application and Site Plan 2. The Enclave at Westpointe Village POD Concept Plan (full-size provided in packet 3. Zoning Map 4. Existing Land Use Map 5. Future Land Use Map 6. Aerial Map 7. Notification Map 8. Sec "R-1A-8" Single-Family District 9. Sec. 3.5 Planned Development Districts 10. Excerpt from the Planning Commission minutes of August 3, Ordinance Y:\CCagenda\ZoneChgs&SUP\201 0 Cases\Westpointe POD O.doc Page 4 of4

231 221 s APPLICATION FOR ZONJE CHANGE 424 S. CASTELL AVE!VUE NEW BRAUNFELS TX E-. ldajl: planninglivj1vtexas.ore 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 Westpointe Residential {Attn: Joey Guerra MaUmgA~ Disco Drive Telephone: ( Fax:( Afoblte:..,..Emait: 2. Property Addressll.ocation; NWC of Oak Run Pkyy and Westpointe Drive 3. Legal Description: NameofSu~v~ion: N~A~ _._. Lot(s: Biock(s:. Acreage: ~ ~tinguseofavpen,: u_n~d_e_v_e_l_o.pe~d~ Proposed Use of Propen, (attach additional or supporting infonnation if necessary:, Planned Development District.(PDD for Residential Lots 6. Zoning Cliange Request: Cunent Zoning:_~R::l.A=--.;.a.. Proposed toning,...:;;.p;;;.dd;;;._, If "PDD Planned Development District. check if: Concept Plan X OR Detail Plan. _ 7_. Rea_!~_n for request (please explain in detail and attach additional pages if needed: Planned Development District of "The Enclave at -westpolnteviiiage 11 with base zoning of RLA-8 and approximately 139 lots. 8. ATTACHMENTS: Metes and bounds description or sujvey 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 Counal. X Map of property in relation to City limits/major roadways or surrounding area. X If requesting a Planned Development (PO, applicant must provide deve!qpment standards on the detail plan and/or provide the standards in a separate document as described In the Zoning Otdinanoe, Section 3.5. Provide 14 copies of the 1:200 for distribution with 4 copies of 1:200 and one legible 11X17 of the revisions. hereby requests rezoning of the above described propeny as indicated. ~~~~---~---~(-~~er~ Si ~ ~~~~&U~ For Office Use Only FeeReceivedBy:.~ Amount d>/.~(0 ReceiptNo.: 1797oo 7 Date Received: ft, /3o f, o Zoning slg~ issued: Date: 6 t No. ---:5:.- cash/check Number:,/"""0""'/;..~-----Ca.se Number: P J. 7 U:\Pianning\Applications\Zone Change.DOC ATTACHMENT 1

232 ~-----~-~-- Environmental Density (37.5% Single Family Homes (typ,------,.--:::-:--: ~Public Street Paving 0"'4-Jt44 }>~ Total Site: 1,936, ft 2 ( acres i_ J G' i'l'ide t..leanderj.ng Walkway 2.1% 40, ft= S.in9le Fami.l.y Driveway.,,. 5. 7% 110, ft= F:~! Public street Paving % 149, ft= ;; :~ Single Family Rornes (typ, % 424, ft"' l"-j Pervious :.51?; 1,210, ft= ( aores ( aores {3. 435~ acres ( acres t 1" "' 60 feet --- (rt'; ~ r-cammons w1 Natural Lanclscaplng RemalnlneSite ' Areas Compared To Site (44.4%} Jil Commons T.r/ natural Landso;~ping 20.1~ o100, :f"t= (!Ll!:l:334 acrrbs Meandering Front Yard (Cov.ing 23.8~ 460,l.B6.00 ft". (10, <teres 1liJ Remaining site....., 55.6" 1,075, ft ( nores THE ENC:lA.VE at WestPv~l%~ 1\:1 1\:1 1\:1,-.._- R<idJ:.ttl tlclltl Lf.!IICJL!. Ch1.1::cl '57." 53.<11' 53.57'?.OO.GO' 136"'35'50" o!.!i:luo' :l'/4.1'1' :wo.oo t:u"3d'30" ' :n.1j' "15?..:n ~2S,C0' 50" " 3?5.~ ' 220,00' 110'21'20" ~54,46' ~ 90,00', 6? 0 1 f] '3'7" 5311.? ' 7.110,CO' 17.~"~9',t'l" 43!1.110' "1!> ' S'/"15'l'l" ' "91.6<1' 8 g "2<1 1 32'' 1.'71,?.4' :.62.09' ' ll3"42'l8" 0:36.60' ' 11 ~?0,00' Bl 0 34'3ll" 313.?.3' :>07.44' 1:'! 2?.0.00' :;:1"31'55" 8:'..68' 11?..19' 7.?0.00' 13'1 50''15" 0::10.56' 5:>9.2~' 'lijo.oci' 24.37'2<1" 21~.81!' ' " ',._./ Tn1Ufr.!lll Chu~: J :!uu.:iofj ~fi.cjfi' I.J 4:1.37'55",.,!li!9.?..t.' H i"'"44'31l" P ' s 1tJ.;6 ~ll" ~' 20:.:.!9' tl ~6' ' E s 00"41'48" w l,:!ip.cio' H SB"43 110" P. 39;>,4'/ 1 s 68 <'6'3" I'J ' S 36'01 'OB" W 96.31' tl 33'56'2'1" E 336.0'7 1 s 3.Q"25'00" w 189,8?.' u 4i'51'5'37." I'J o;.a:i s,.,.,!l'11" F. 5'11,1:.! 1 s 72" 17'45" w '!3 50"3'l'34" E ~I<!:!.':!!!_son Site Design ~..- tmiijhbt;.t'tl~:.:l.~t.r-f'i;;~j,.j 883!17~ AveH GQlden Valley, MH Fall: DSO w:""'l'!'~ciiii Tecftlology 8o Ed.l:aUtlll:.,.,-pu1ti;.....,.,.. "'~ Our bod;: ~~~ CQpyf'ShllOlO Thl~dr.M!JigamlthedQIISIUalldsFe:lllr.~tiii:!$$11DWnDietbt-s~IQ PIIIJIMVOIRI:ki\OIII::Cin$11nDai1Bn,lni:.DIId11!11YnDibDIDDIDd~ccdnDQilofmOI 11'/DRI'nle.lll~wllhDUIMIUDIIDDI/IIbliDnollllC~\I~IIscnSI\aDciiSII,IIK. Westpointe Residential J.L. "Joey" Guerra, Jr Disco Drive San Antonio, TX Phone: ( Fax: ( _- I l j ij

233 223 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 natural/undisturbed 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. DEVELOPMENT STANDARDS The general development standards are as follows: BASE ZONING: TOTAL ACRES: NUMBER OF LOTS: LOTS/ACRE: PARK/OPEN SPACE: LAND USE: TOTAL SIDEWALK (6-FT.: CUL-DE-SAC DIAMTER: R1A (Exc Westpointe Dr APPROX ACRES *1 SINGLE-FAMll...Y RESIDENTIAL 7000LFMIN. 160FT. MIN. *2 ATTACHMENT 2

234 _j 224 I *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 and occurs on a "flag lot" located in the cul-de-sac. The minimum lot width of 59' 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' 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-eonstrueted-on-lots~9-thru-42 and- 52-thru 66-as shown on the color exhibit prepared by Rick Harrison Site Design Studio submitted with the PDD application 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 in the proposed subdivision that share common lot lines with 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. In addition to the above listed standards, The Enclave at Westpointe Village will be a controlled access (gated neighborhood as follows: 1. The primary (northern access point off ofwestpointe Drive will be the main entry and will serve as entry and exit for both homeowners and emergency vehicles. 2. The secondary (southern access point off ofwestpointe Drive will serve as an exit only for homeowners while allowing entry and exit for emergency vehicles.

235 225 Allf!!S.1410/Q.I!H,..,. 11_4",..,_ n~ Q-\11'11JJ\DOtlm$IS\SI'l'l"\f'l>fiJ""9 ~-- I _] ~ I ~ r I i 6. s.. ~i ~ <l" ~~ ~m rnf ~~ ~~.. - ~~ ~ ~ :;i~.. ~.. "~ l;~ ~c ~ ~~ ~~ ~~.. i iiio ~~ ~ ~li ~~ ~ I! ~ i~lj~ ~ ~ ~g ~r.'...,~z IQ :;"'f i.. ~.. i~~ ~~, ~E «m i~ ~ ~ ~ -u~~ ~- ~~ "f!< ~ iii J E.. ~~ ~ > z m.,o co il:!l! u ~iii ~Iii :!I ' 0 ~ ~ I L. I I I I I :I --n I J I BY: OOC... PRO. CT NO.: R THE ENCLAVE AT WESTPOINTE VILLAGE NEW BRAUNFELS, TEXAS CONCEPT PLAN FOR PLANNED DEVELOPMENT DISTRICT It Bury+Parlners IHGIHUliMO IG~UTICIIU ma-a.&.hiiiin IQJIIID, ' N.{Ut~FQjUI~

236 Legend... ~ Subject Property 11 - i City Limits... IIi ZONING Zoning Map -APD DR-1 0R-1A D R-1A6.6 DR-2 0R-2A R-3 """""""'"""' R-3L ~ ;! 0 :I: s: m z -R-3H 0THA DzH DzHA -C-1 -C-1A - C-18 -C-3 -C-48 I.J MU-A -MU-8 0Po w -I ~J. Cityof ' ':' "-- New Braunfels PZ10-27 Enclave at Westpointe Village R-1A-8 to POD Map Created On 7/14/10 ''-._...~,'-". ~

237 Existing Land Us\~Map 0/I'RL/7 II I PJ:\'':J:t:;x::s::>X\ ""' Legend... ~ Subject Property - i City Limits 111 n ii Existing Land Use [ Residential Low Density - Commercial - Industrial -School - Government!f :;! 0 :I: s: m z -1.1:1- -Institutional - Private Recreation -Open Space ~~10"1.-<t::1"'...:tl:..~l Drainage ~.,Cityof ~-..New Braunfels Enclave at Westpointe Village R-1A-8 to POD Map Created On 7/14/10

238 Legend... ~ Subject Property - i City Limits 111 n ilii Future land Use Res Low Density - Commercial -Industrial -Institutional ~ ;;! 0 :::r: s: m z -I U'l - Government -School ~~ Utilities r-, - Open - Parks City of -- \_; ~-..New Braunfels PZ10-27 Enclave at Westpointe Village.r~-1 A-8 to POD L; I J Map Created On 7/14/10

239 Aeriat-r<llap ~ :;! (' :I: 35: m ~ en -J City of ~: New Braunfels Enclave at Westpointe Village R-1A-8 to POD Map Created On 7/14/10

240 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. Rempel, Alan & Jennifer 2. NBISD 11. Castilleja, Jerry & Debra 3. Ross, Robert & Susan 12. Miner, Philip & Sue Ellen 4. Kemraj, Virjanand & Jaishree 13. Studdard, Kenneth & Sue 5. Oldani, Daniel & Norma 14. Seidel, Esther 6. Holley, Van & Joy 15. Muschalek, Thomas & Kim 7. Dix, Mark 16. Smith, Vincent & Maria 8. Hellbusch, Richard & Ladonna 17. Smith, Nick & Angela 9. Gribbon, Daniel & Teresa 18. Investor Grosenbacher Partnership SEE MAP ON REVERSE ATTACHMENT 7

241 , 1\j w ~ ~ Subject Property CJ 200' Notification Buffer f'.,cityof ~-..New Braunfels -- PZ10-27 Enclave at Westpointe Village R-1 A-8 to POD Q N Map Created On 7/14/10

242 "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 Golf course, public and private _Go.v.ernmentalbuilding_o_r use (state/feder~ly Ql/lf.~d an_c!qf:>.e_icite!d} Municipal use owned or operated by the City of New Braunfels, includfng 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 1 0 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

243 233 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 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. (li_emnt P.t.lllcjiflg_s.etl}~g~.?_ 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.

244 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 gen-erat stateme-nt setting forth now 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

245 235 (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. surv_~y_qr. (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.

246 236 (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. (j 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: PO 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...arj~rove a detail R.lan or the ~mendmentqf~q.elaiij?.ian for property for which a concept plan has been approved by the City Council. If the City Council inftlailtapprovecr a-cfetail 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.

247 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 PO concept plan with deviations from any provision in the Code of Ordinances. Such deviations shall be listed or shown as part of the Ordinance that approves the concept plan.

248 238 EXCERPT FROM PLANNING COMMISSION MINUTES OF AUGUST 3, 2010 PUBLIC HEARINGS Case PZ1 0-27: 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-1A-8" Single Family District to "POD" Planned Development District with a Concept Plan. (Westpointe Residential Ms. Mullins explained said this portion of the Westpointe development was zoned R-1A-8 with restrictions in 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

249 239 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 - propesed-rezoning-of-47~97-acres-iocated-on the.weslside_ofoak...run.eark.way.,.approximaie.ly 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 30ft. pavement widths include a center line stripe; 3 Amend the Concept Plan Summary Table to show 15' side setback along Westpointe Dr.; and 4 The percentage of varying lot widths must be kept the same as shown on the Concept Plan. The motion carried, with Commissioner Myrick voting "no". (8-1-0

250 240 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. SECTION 3 THAT all other ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent that they are in conflict. 1

251 241 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 11th day of October, PASSED AND APPROVED: Second and Final Reading this the 25th day of October, 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

252 Location Map m >< ::J: -Ill > - Legend... ~ Subject Property = ; City Limits JIIij,...,City of ~... New Braunfels Enclave at Westpointe Village R-1A-8 to POD N / Map Created On 7/14/10 ''--'

253 243 11!1 PAPE-DAWSON rjj ENGINEERS 1 LA H D 0 E VEL 0 P IH H T E H VIR 0 N M f H TAt T R A H S P 0 R TAll 0 H WATER RES O U R C E S S U RV E Y I N 6 FIELD NOTES FOR A acre, or 2,089,643 square feet more or less, tract of land, out of a acre tract of land out of the City of New Braunfels, Cornal 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, ajkja Franz E. Coreth, and wife to Psalms 127, L.P. by deed dated May 5, 1998 and recorded as Document No of the Official Public Records of Comal County, Texas, and (2 all of that certain 5.00 acre tract conveyed by Franz Coreth, a/k/a Franz E. Coreth to Psalms 127, L.P. by deed effective December 18, 2006 and recorded as Document No 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 fo 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 follo\\fing -calls-and-distances:---~ ~~- - N 43 48'56" E, a distance of feet to an angle point; N '43" E, a distance of feet to an angle point; N 44 59'01" 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 dist11nce of feel to an angle point; N 44 59'47" E, a distance of feet to an angle point; SAR AHIOJIID I AUSliH 1'/WW.PAP!-DAWSOH.CDM 555 Easl Ram>~' San Antonio. Te~as P F EXHIBIT "8"

254 Acres Job No I Page 2 of3 (con't TllliNCE: N 45 21'14" 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 I 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 of206.3 I feet to an angle point; N 53 03'20" E, a distance of 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 52'51", a chord bearing and distance of S 32 41'21" E, feet, at an arc length of feet to a point of tangency; ----~ ~ S 34 37' 47" E, a distance of 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 ihe right; Soulheasterly, 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, feel, 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; lilnl PAPE-DAWSON [DB ENGINEERS

255 47.97 Acres Job No I PageJ of3 245 (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 of32.00 feet to an angle point on the southern line of said acre tract, being the southeastern line of herein destribed 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 of New 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 Id: Pape-Dawson Engineers, Inc July l f, 2007 P:\68158\00\Word\Ficltl Notes\ ZONJNG-A.doc 1!!1 PAPE DAWSON '8J ENGINEERS 1

256 246 The Enclave at Westpointe Village Planned Development District BASE ZONING DISTRICT This Planned Development District (POD will have the base zoning requirements of the R-lA-8 zoning district as described in the current zoning ordinance of the City of New Braunfels. This project area is currently zoned R-lA-8. Westpointe Residential (Developer proposes a Planned Development District that will accommodate modified street and lot layout for a sustainable community that provides generous natural/undisturbed 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. DEVELOPMENT STANDARDS The general development standards are as follows: BASE ZONING: TOTAL ACRES: NUMBER OF LOTS: LOTS/ACRE: PARK/OPEN SPACE: LAND USE: TOTAL SIDEWALK (6-FT.: CUL-DE-SAC DIAMTER: R1A (Exc Westpointe Dr APPROX ACRES *1 SINGLE-FAMILY RESIDENTIAL 7000LFMIN. 160FT. MIN. *2 EXHIBIT "C"

257 247 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: 9,413 SQ.Ff. *3 7,000 SQ.Ff. *4 25FT. *5 5 FT. *6 20FT. 59 Ff. *7 100 Ff. 35FT % *8 * 1 - Open space within this sustainable community includes water quality and detention pond areas as well as natural/undisturbed areas. All common areas will be maintained by the HOA and the common areas and natural/undisturbed areas will be owned by the HOA. The natural/undisturbed areas being provided exceed the required park area of acre per dwelling unit. 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 required 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-1'7~%;-the--nature-ofth:e-meandering street-layoutwithinthis 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 significantly increase 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 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 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 allows for meandering of the sidewalk and a more inviting pedestrian experience within the neighborhood.

258 248 *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 and occurs on a "flag lot" located in the cul-de-sac. The minimum lot width of 59' 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' 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-~Homesconstructed on lots 29thru 42 and52-thru 66 as shown on the color exhibit prepared by Rick Harrison Site Design Studio submitted with the PDD application shall be a maximum of one story and shall comply with the masonry requirements per item 3immediately below. 3. Masonry requirements- Exterior walls of homes in the proposed subdivision that share common lot lines with 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. In addition to the above listed standards, The Enclave at Westpointe Village will be a controlled access (gated neighborhood as follows: 1. The primary (northern access point off ofwestpointe Drive will be the main entry and will serve as entry and exit for both homeowners and emergency vehicles. 2. The secondary (southern access point off of Westpointe Drive will serve as an exit only for homeowners while allowing entry and exit for emergency vehicles.

259 249 EXCEPTIONS TO STREET DESIGN CRITERIA The base street design criteria used within the Enclave at Westpointe Subdivision is for a "Local streets serving one- and two-family residential property". 1. Exception requested for minimum tangent between reverse curves of 50 feet. We are requesting that no tangent section between reverse curves be required as this will allow for the meandering nature of the streets as currently laid out. In decades past, tangents were used for plat check calculations, something which is not required today with the automation that computer file sharing has provided. With the large sweeping radius of the curves and slow residential speeds, tangents are not needed. Intersections are at the outer portion of the curves providing increased sight distances compared to the "tee" intersections of standard platting. 2. Minimum pavement width for the interior streets (excluding Westpointe Drive is 30 feet. These streets with pavement widths of 30 feet shall have a double yellow center line.

260 ,'~',,.-,, ~ (S Lf' C\J J n \l ~ ---~ / - _:_~-(:_ \\' i h -r-\,/' /"" \... '-_-... J /' I,/ \ --"~ I / r(,. :1 1 I I.. / I _\._- I I ' I I, I ----:---' / o -----=--f-== tdo 1'"- 100' ---:~ If, ~: ~~~~ u " c; t:t a"j ~. ;.;;H,... z;ef!"'lo +~d j, S';1Ml ~~1 ~:Q!ui"U,.A ~ ~ a:c ~!i ~~ ~~ ~c 8~a z ~ - I Cl ~! ~ ~> ~ :5~ ~ ( z ifig ~ w m j:l ~ z NOl : Tl1E PERCENTAGE OF' VARYING LOT WIDlliS loiust BE KEPT ll-1( SALCE AS SHOWN 011 ntis PLAN f5 a!~ l"! ~! i!,, MINIMUM SlOE SETBACK FOR LOTS AlONG 'M:S1POIN1[ DRIVE IS 15 FEET. + HOUSE ON LOT IS ULCITEO TO ONE STORY AND NUST CONFORM TO MASONRY R'EDUIRnlENTS PER POD OESCRtPliON BASt ZONING: TOTAL ACRES; HUt.IBER OF LOTS: LOTS/ACRE: PARK/OPEN SPACE: t.and USE: TOTAL SIOEWAUC (&-FT: CUL-DE-5.\C DIAMETER: Avt:RAGE lot AREA: MINIMUM LOT AREA: FRONT SETBACK MINIMU~I: SIDE SETBACK MINIUUM: REAR SETBAO< MINIMUM: MINIMUM LOT WIOlli AT FRONT SE18AQC UNE: MtNIMUU LOT DEPTli: MAX!I.IUM BLDG HEIGHT: MAXIMUM BlOC COVERAGE OH AVER,f,G LOT:

261 f'., City of... ~IJ New Braunfels City Council Agenda Item Report OCTOBER 11, 2010 Agenda Item No. L/ t Presenter I Contact- Shannon Mattingly, Planning Director ( smattingly@nbtexas.org SUBJECT: Discuss and consider approval of a conditional sign permit for 410 W. Coli Street, the Sophienburg Museum and Archive. APPLICANT/OWNER: Linda Dietert, Director Sophienburg Museum and Archives 410 W. Coli Street New Braunfels, TX BACKGROUND/RATIONALE: The applicant is requesting the addition of three, on premise signs. The Sophienburg Museum is located within the Sophienburg Hill Historic District and zoned Special Neighborhood District -1 (SND-1. According to the Zoning Ordinance, Chapter 144, Section' 3.8-4, "The 'SND-1' district is intended for development of primarily detached, single-family residences, customary accessory uses, and accessory dwellings such as garage apartments." A few non-residential uses are also permitted such as museums, schools and churches. Sign Ordinance Chapter 106, Section 14.1 does not allow signs in residential zones R-1 through R-2A and SND-1 zoning category is not specifically listed. However, the applicant does have the opportunity to request a Conditional Sign Permit from City Council to allow for the addition of signs that may not be appropriate without certain restrictions. Since the property is located in a historic district, the Conditional Sign Permit request requires a Certificate of Alteration from the Historic Landmark Commission. Currently the site includes three existing signs as identified in Attachment 3. One 18" x 36" "stake sign" on Coli Street for a 4.5 square feet area (Sign A; One 60" x 57" "low profile pole sign" located on Academy Avenue for a square foot area west facade side and square foot area on east facade (Sign B; One non-conforming, "roof top sign," dimensions unknown, (Sign C. The applicant is requesting: 1. Sign A, no changes. 2. Sign B, remove and replace with a 3' x 4' double-faced monument sign of stone veneer with black metalletters.(see Attachment 4 3. Sign C, no changes. 4. Add a new monument sign of stone veneer with black metal letters for 40 square feet, (Sign D. Page 1 of3

262 5. Add a sign of black metal letters, to match Sign 8 lettering, on a stone veneer HVACscreening wall yet to be constructed. (Sign E. s od 1gn r 1nance Ch ap er t 106, S SCIOn f Zoning Type Max Max Max area Height Setback per sign R-1 Monument Through sign R-3 Monument 32 sq ft 8 feet 10 feet through sign TH-A Max number per lot - 1 or 11300' of frontage ~ GENERAL INFORMATION: Case No.: Size: Surrounding Zoning and Land Use: CS acres North - SND-1, HO I Residential South - SND-1, HO I Residential East - SND-1, HO I Residential West - SND-1, HO I American Legion Hall Comprehensive Plan/ Future tand-tjse-fesignation: lmprovement(s: The museum campus is comprised of three adjoining lots with a single building located on each lot. NOTIFICATION: NIA ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: I City Plan/Council Priority: FISCAL IMPACT: NIA _ Page 2 of3

263 BOARD/COMMISSION RECOMMENDATION: The Historic Landmark Commission reviewed the Certificate of Alteration application on August 10, 2010 and the application for a revised design to Sign D on September 14, 2010, and made the following recommendations: 1. Remove Sign A as it will no longer match the design elements of the new signage or material of the existing buildings. 2. Approval of Sign B as the design elements of stone veneer fa9ade and metal letters match the other building materials on site and meets Criteria Alterations #9 plus it replaces an existing sign. 3. Approval of "No change" to Sign C. The metal letters on the rooftop are part of the original design style and are the basis for which metal letters are being used on the new signs. 4. Approval of Sign D, sign looks like a retaining wall set into the landscape it will be less obtrusive in the neighborhood while still providing identification. 5. Approval of Sign E as the black metal letters match the design aesthetics of the remaining signs. Furthermore this is a corner lot abutting three streets with entrances onto Magazine and Academy Avenues. Sign E is only visible from Magazine Avenue. STAFF RECOMMENDATION: The Sign Ordinance does not address signage in SND-1, but staff recognizes that the Sophienburg Museum needs signage to identify their location. The Historic Landmark Commission reviewed the application applying the standards for the Historic District and recommended approval with noted conditions. Therefore, Staff recommends approval of the conditional sign permit with the conditions outlined in the Historic Landmark Commission's recommendation. ATTACHMENTS: :-- - -Applieatien- 2. Location Map 3. Site Plan 4. Sign Details 5. Sec , Chapter 106 U:\Pianning\CCagenda\Conditional Sign Permits\Sophienburg musuem\agenda sheet.docx Page 3 of3

264 J -~ City of :... Ne-w Braunfels APPLICATION FOR CONDITIONAL SIGN PERMIT Planning and Community Development 424 S. Castell Avenue, New Braunfels TX Phone: ( Fax: ( CS-\D-od-3 Applicant~ If owner(s of business or coordlnator(s of special event, so state; If agent or other type of relationship, a letter of authorization must be furnished from owner(s or coordinator(s at the time the application is submitted. Name 5iSplt1.~(?u'3 Mus~kk:> Mailing Address Lfo 1 LJ... t:; ( f Telephorre:f@oLtjf-!~~tJ./i-'3~0"Moblle: - EmBII;<?"D~~~ Property Address(es/Location(s:,_~--~...D.;;;;._t~LJ..-,;:;...::Co=-l(._\.._ ~ l..,. l.,;, Number of requested signs._.,.-..:!...l.: \l~~.x'r:.t:~~' :::...z.:c:.:!;..~..:..l~ ~ Dimension of sign(s: (;1 3t~/1' X t{=]v 9 6. Businessoreventtobeadvertised: Svp~:-e.Mb~ Mv<;;e.u._~ ~ LJeS Reason for request (please explain in detail and attach additional pages If needed: :±Dv- p~s- =h {oc.a-k ~AJ$~ Date(s signs will be posted: :h OokJ~ 0,:}.c.pPO>v...J.. 8. ATTACHMENTS: (The following items must be submitted with the application q';,/ /Y / cl' tv:.#! /,,/ c' t/ "" / i/' A $ application fee. A scaled site plan showing the proposed location(s of the sign(s on the property or properties. A QP:P showing the distance (feet I mileage from sign(s} to business or event if sign(s is I are offpr~e. A sketch showing the contents, dimensions and construction materials of the sign(s. Photographs of the property or properties where the sign(s will be located. For Office Use Only Fee Received By:--r~-trf'-+f:~- _,...-'--, Amount.J.~-:_ C, Receipt No.: Jt~ li ',- I / Date Received: ~/ / 2 ' i! (' Cash/Check Number:.:2.tf'i :~ '7 ~~~~L Council Meeting Date:. _

265 c ro - a.. OJ..., - (./' I E :::s OJ Vl :::s ~ -~tld s... :::s..c c OJ..c a. 0 (./'

266 ,; f""... ~-~..._...,...,.,..._ ,... ~... ~,,..."-"...,< "' '"' -' ~'---" "-'"~""~..._..._,..._... ~, Custo1'1'l Ho1nes 13/!{Ef!J:rx EFJ. 'lclfjnt CflS'tOlff fi.oj<ies f'(.box 31228:1 N!'iw B:nmlrleJs,TX Phone~ !2 Fax: 830, Dol< : 7/ Hi.tc>ri<mi Cm:rnni.lt.ee Ch""k.J: DC ~ ~ ~ ~ i L R.,.-;...,J- 8126/2010 Sup.hieuhtlf~ ~ltuu.=:-u.tn; _1\:luKJUU'U:nt 'Si~ll!:i! I l 3$''1 i Museum & A:rc_lli:\ieS.-' Sophie's S:liap::~- Stone 48" \ \...., L 4.2." '' J Signs 1 andl r ~ NOTJ<.:.s: Raised Metal Lettering Above: Slgns 1 and 2 2 srnali slgns at the entrances on.academy and Magazine Total sign ~ 12 Square Feet each side 1\: (J cr Below: Signs 1 large sign at the comer of Coli and Academy Letters to be mounted on White Limestone Rock: Retaining Wall. Letters to range from 6" to 1 ' 1 0" ~ l A 1.2 4'b' --~.. -_/. J

267

268 258 6 by the Planning Department and shall include a space for information declaring where the signs will be located. The Planning Director shall determine that the location of each sign is in the best interest of traffic and pedestrian safety before issuing the permit. There shall be no more than five such signs permitted per event per year and the sign shall not exceed 36 square feet is size. b. Mobile advertising. Mobile advertising as defined in this Chapter is allowed without permit. Sec Permanent On-Premises Sign Regulations Sign Dimensional Standards ZONING DISTRICT R-1 R-1A-6.6 MAX. MAX. MIN. MAX. CLASSIFICATIONS AREA PER HEIGHT SETBACK NUMBER CONDITIONS SIGN (feet (feet PER LOT Freestanding Monument Sign R-1A R-1A-12 R-1A-43.5 R-2 R-2A B-1 B-1A B-18 ZH Flag/Flag Pole d ZH-A (Non- Residential uses only Freestanding C-1 Monument Sign or C-1A a -(Non-- Low p_rgfile Pole -- g_q_ --- -~~ " ~ ~ _1Q Sign Residential uses only Flag/Flag Pole d APD Freestanding 1 per 300' R-3 Monument Sign or of R-3L Low Profile Pole frontage R-3H Sign a TH TH-A (Non- Residential Flag/Flag Pole d uses only C-0 (Non- Residential uses only Freestanding 1 per 300' Monument Sign or of a Low Profile Pole frontage Sign Flag/Flag Pole d f \,, i,_ ',/ U:\Pianning\Sign Ordinance\Chapter sign ord AMENDED - Final.doc Page 17

269 ----~ Freestanding----- MAX. MAX. MIN. MAX. ZONING CLASSIFICATIONS AREA PER HEIGHT SETBACK NUMBER DISTRICT SIGN (feet (feet PER LOT CONDITIONS 100 square feet with a Electronic Message maximum of Sign 50 square feet sign face 1 per linear foot of primary C-1B facade not to 5(10}inM 1 per 300' Freestanding C-2 exceed a 10 districts of Monument Sign C-2A maximum of (industrial frontage a C-3 48 square C-4 feet per sign C-4A face C-4B 5(10}inM 1 per 300' MU-A Low Profile Pole districts of MU-B Sign (industrial frontage M a M-1A M-2 M-2A Flag/Flag Pole d (Non- Residential 100 square uses only feet with a Electronic Message maximum of Sign 50 square foot sign face per 300' -~ or- - -f a Monument Sign frontage 1 per 400' High Profile LOOP of Monument Sign SH46 fronti!q_e e BUS. 35 FM306 Flag/Flag Pole d FM square IH35 Downtown Business Corridor feet with a Electronic Message maximum of Sign 100 square foot sign face Pole Signs on 1 per 400' property with IH of IH cfrontage frontage 200 square feet with a Electronic Message maximum of Sign 100 square foot siqn face 50 square Electronic Message feet with a Sign maximum square foot U:\Pianning\Sign Ordinance\Chapter sign ord AMENDED - Final.doc Page 18

270 bl1 ZONING DISTRICT MAX. MAX. MIN. MAX. CLASSIFICATIONS AREA PER HEIGHT SETBACK NUMBER CONDITIONS SIGN (feet (feet PER LOT face if the lot has less than 100 foot of frontage and 100 square feet with a maximum 50 square foot face if the lot has more than 100 foot of frontage Design Requirements. a. Monument Signs and Low-Profile Pole Signs. Monument signs or low-profile pole signs are the only permanent on-premise freestanding sign allowed, except on properties with IH 35 where pole signs are also permitted. 1. Monument Signs. a Monument signs shall have only 2 sign faces. b The structure of monument signs shall be constructed of materials and colors compatible with those utilized on the primary building's facade. c Monument signs located on the same property must be spaced a minimum of 100 feet apart from other freestanding signs for which a permit isrequirea-_ d A shared monument sign is encouraged. Such a monument sign must be located on one of the properties included in the sign text. 2. Low-Profile Pole Signs. a Low-profile pole signs are permitted on any property as an alternative to permitted pole or monument signs. b Low profile pole signs may have only two sign faces. c Low-profile pole signs located on the same property must be spaced a minimum of 100 feet apart from other freestanding signs for which a permit is required. d A shared low-profile sign is encouraged. Such a sign must be located on one of the properties included in the sign text. e In the C-18, C-2, C-2A, C-3, C-4, C-4A, C-48, MU-A, MU-8, M-1, M-1A, M-2, M-2A Districts (non-residential uses only: For properties in excess of 500 feet of frontage, additional sign square footage is allowed as determined in the above chart. The cumulative square footage of allowed signs may be distributed between the maximum number of allowed signs with no one sign exceeding 100 square feet in size. U:\Pianning\Sign Ordinance\Chapter sign ord AMENDED - Final.doc Page 19

271 ..., ~J.. Cityof New Braunfels City Council Agenda Item Report OCTOBER 11, Agenda Item No. 4/11 Presenter- Shannon Mattingly, Planning Director ( smattingly@ nbtexas.org SUBJECT: Discuss and consider the first reading of an ordinance granting a tax relief to the owner of the designated landmark located at 148 Ferguson Avenue, known as the Beinhauer-Forres house. APPLICANT: Lynn and Donald Forres 4 77 W. Mill Street New Braunfels TX BACKGROUND/RATIONALE: This building was designated as a local landmark per City Ordinance No , dated November 23, On July 14, 2009, the owner submitted a Certificate of Alteration application to the Historic Landmark Commission to designate the building a historic landmark, rehabilitate the building, as well as an application for tax incentive. The owner submitted another application showing that the rehabilitatidn work has been completed. On September 14, 2010, the Historic Landmark Commission approved unanimously that the work met the requirements of the Tax Incentive Ordinance. - ADDRESSES ANEED/ISSUE-INACITY PlAN ORCOUNCIL PRIORITY: Yes City Plan/Council Pros: Priority: Goal 1. Promote manageable growth to achieve a 2006 Comprehensive Plan proper balance of economic expansion and environmental quality while maintaining the Pros and Cons Based community's unique qualities. on Policies Pian Goa/12. Protect and enhance the visual environment of the City. Goa/17. Provide sufficient housing opportunities to meet the future needs and demands for people of all income levels in New Braunfels. Goal 20. Protect character and boundaries of existing neighborhoods. Page 1 of3 Goal43. Promote heritage tourism. Goal 58. Maintain an attractive and lively

272 downtown area that creates a deep sense of community. Goal 65. Increase historic preservation efforts in New Braunfels. Goal 67. Preserve the unique character of downtown and historic New Braunfels through the combination of neighborhood revitalization, fa9ade restoration and sensitive inti//. Goal 75: Preserve and enhance the local historic, archeological and cultural resources. Cons: A tax incentive results in a reduction of tax revenue to the City on the increased value as determined by the Comal County Appraisal District whose figures are not available for 2011 when this abatement would begin. Tax incentive is a minimum of five years and a maximum of ten. Tax Renewal Example for 548 Hill Avenue based on the 2009 Comal County Appraisal District with City tax rate Tax Appraised Value $183,450 x rate= $752 Tax Relief Value 72,387 x rate = $ ~ $455 x 5 years = $2,275 loss of tax revenue FISCAL IMPACT: Fiscal impact is dependent upon the new assessed value as determined by Comal County Appraisal District. Tax relief is for a minimum of five years. To be eligible for an additional five years, the property owner must submit another application. The taxable value cannot be less than the present value prior to the completion of work. Comal County Appraisal District's 2010 value is $56,090 with city taxes being $229.89, multiplied by five years is $1, The city will not receive less than the current tax value, it is only the increase in value which is abated. HISTORIC LANDMARK COMMISSION RECOMMENDATION: The Historic Landmark Commission unanimously approved the application for the tax relief of 148 Ferguson Avenue on September 14, 2010 STAFF RECOMMENDATION: Staff recommends approval as the proposed work meets the criteria set forth in City Code, Article Ill, Section Tax Incentive. Applicable criteria: (c Qualification for tax relief. The owner of a property, applying for tax relief, shall be entitled to such, provided that the improvement(s, renovation(s, or restoration(s to the structure is at least ten percent of the value of the property value reflected on the tax rolls Page 2 of3

273 - of the Comal District office. The renovation exceeded the 10 percent requirement and is in compliance with the approved Certificate of Alteration. (d Eligible costs. Eligible costs shall include exterior and interior improvements to the frame, walls, floor, ceiling, plumbing, electrical wiring and mechanical items, such as heating and air conditioning systems. The finished work is identified under the eligible items. Comal Coun_ty Appraisal District Improvement Value (2009 $50,360 Minimum 10% value $5,036 Estimated repair cost $22,200 ATTACHMENTS 1. Application 2. Location Map 3. Photograph 4. Code of Ordinance- Article Ill Historic Landmark Preservation section Ordinance U:\Pianning\CCagenda\HistoriclandmarkComm\ 148 Ferguson\ 148 ferguson_tax.docx Page 3 of3

274 b 1 ~.,Cityof ~-..New Braunfels H L c to-o;;;. I Tax Incentive Application = Verification City ofnew Braunfels Planning and Community Development Department 424 So Castell Avenue, New Braunfels, TX ( Property Address:._\_'-1..!._.._:;.<6_~+--l -=-~S'-"'v---'>'-o_""- 20 Legal Description: :::C..,:::... ~_3_0_0-Il(-1 1,--=...l-,o,_t.: 1 3_Lt_<6 30 Historic Designation: ~ oeoj. lat. 'A-~~\<. - Or-J:,!I\.q,_ll\.(..-e._ ~(;l_(c{- ~ 3 40 Owner'sName&Signature: -.!D'UIAA\J f 0 ter[re ~ ~~ 50 Owner's Address: ']-... ].,JI'--(...,~""---'--0...:.JV\,,_\_...\...:...\ 60 Contact Information: ~ "?;:: '?(., u ~res C?!. ~fkl:s ~V"\...~-\- 70 Applicant's Name: 80 Applicant's Contact Information: 90 Current County Appraised Value: -"""'~"'--_y'-''",._,jr~~&j, D - c~:...o_i_o eost of Improvement: ~"'4--'1'-2>11#-,-p,2,_ ~=0_._._ The following items are considered Eligible Costso Insert dollar amounts next to items that apply and attach receiptso Total l' I'K z.oo ot> I Cost Eli~ible Item Cost Eli~ible Item Structural walls Roof and gutter Structural subfloors 2 S'clDo Fa9ade items Structural ceilings Elevators Exterior doors Foundation I ~0 o Exterior paint Termite damage treatment ~0000 Mechanical equipment Security/frre systems Windows Architectural/ engineer \' services Exterior brick treatment Plumbing & electric fixtures (historic '(, &oo 0 Plumbing I&OOo Limited demolition ';,,.S" 1!>0 0 Electrical wiring _ ATTACHMENT 1

275 Note: Ineligible cost: Overhead, Taxes, Supervisor payroll, repairs of construction equipment, tools, and any other items not directly related to the exterior appearance or structural integrity or viability of the structure. I hereby request consideration for Historic Tax Incentive on the above described structure/site According to the provisions of the Tax Incentive Ordinance. I have read this ordinance and fully understand and its effect on my property. I understand that I or my representative must attend the Historic Landmark Commission meeting. Owner's Signature Date: ~ Applicant's Signature HLC Tax Certification Date: Date: HLC Meeting Date: City Council Meeting Dates:

276 I 148 Ferguson Street. Location Map Major Streets Farm to Market State Highways US Highways == 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 CONB City Limits CONB City Limits (shaded CONB ETJ Counties Imagery (201 0 Red: Band_1 Green: Band_2 Blue: Band_3 ~ -I > 0 :I: 3: m z """" N Latitude Geographies Group Ltd. 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 1:1,680 0 "-- ~ ~/

277 HLC # Ferguson Stree~~ the Beinhauer-Forres House Before Restoration -with vinyl siding, metal columns and asphalt shingle roof. j After restoration. ATTACHMENT 3

278 ARTICLE Ill. HISTORIC LANDMARK PRESERVATION* r Lots Sec Tax incentive. (a Purpose. To promote and protect the rich heritage of the city, and to encourage the designation of structures as historic landmarks, and the designation of historic districts this section of the city's historic preservation ordinance provides a tax relief for the stabilization, rehabilitation, and renovation of property(s that are designated as historic: landmarks by the city. _. (b Tax relief. From the date of passage of this section, the owner of property (structure and land having historic, architectl and cultural significance, and so designated as a historical landmark by the city's historic landmark commission, plann11.d commission, and city council, shall be eligible to apply for relief in property taxes for a period of five years. Said property, whether owned by the same individual or not, shall be eligible for such relief an additional five years. The total period of time that any one property shall be eligible to receive such tax relief shall be ten years, whether such relief is granted for two consecutive five-year periods or separate terms. For a property to be considered for a consecutive five-year period, an application shall be made during the fourth year of the original request. Whether the application is for consecutive or future periods each request shall be considered separately and must qualify as outlined below. Upon the expiration of a relief period, the property shall be placed on the tax rolls at the new appraised value and taxed accordingly. Provided, however, that should an application be received and approved during the fourth year of the first request no new appraised value will be assessed or taxed. An application for tax relief pursuant to this section shall be made prior to the first of July of the tax year in which the relief would be granted. Application shall be made to the city's historic landmark commission with a recommendation to the New Braunfels City Council for final action. If requested, the historic preservation officer may assist the owner in filing for such relief. A structure must be designated as a historic landmark as provided for in section in the New Braunfels Code of Ordinances. (c Qualification for tax relief. The owner of a property, applying for tax relief, shall be entitled to such, provided that the improvement(s, renovation(s, or restoration(s to the structure is at least ten percent of the value of the property value reflected on the tax rolls of the Comal or Guadalupe Appraisal District office. The tax relief shall commence after the first of January in the tax year immediately following the year in which the work is completed. The tax relief shall be determined in the following manner. The Comal or Guadalupe Appraisal District shall cause said improvement(s, renovation(s, or restoration(s to the structure to be appraised on or before December 31 the year the work was completed. This new appraised value less the present property value shall be shown on the tax rolls of the Comal or Guadalupe Appraisal District as the new property value. However, said improvement(s, renovation(s, or restoration(s shall not cause the value of the property to be less than the present value prior to completion of the work. (d Eligible costs. Eligible costs shall include exterior and interior improvements to the frame, walls, floor, ceiling, plumbing, electrical wiring and mechanical items, such as heating and air conditioning systems. Fixtures, decorative items, and/or fencing shall not be eligible for consideration unless such items were original fixtures and/or decorative items of the structure. Materials and labor for repairing, replacing or adding any of the following shall be eligible: -_ (1 Structural walls; (2 Structural subfloors; (3 Structural ceilings; -(4-Exte-riur-do-ors ; (5 Exterior paint (consistent with those colors available during the time period the structure was built; (6 Mechanical equipment; (7 Windows; (8 Exterior brick veneers or treatments; (9 Plumbing; (10 Electrical wiring; (11 Roof and gutter where necessary for structural integrity; (12 Facade items; (13 Elevators; (14 Foundations; (15 Termite damage and treatment; (16 Security and/or fire protection systems; (17 Architectural and engineering services if directly related to the eligible costs described above; (18 Plumbing and electrical fixtures documented as historic fixtures; and (19 Limited demolition, not more than 15 percent of the original structure, and cleanup related to the eligible costs described above. (e Ineligible costs. Ineligible costs include the following: (1 Overhead; (2 Taxes; (3 Supervisor payroll; (4 Repairs of construction equipment; (5 Tools; and (6 Any other items not directly related to the exterior appearance or the structural integrity or viability of the structure. (f Tax exemption for historic districts. For properties located within a city designated historic district, property owners in tht: historic district will qualify for an ad valorem tax exemption of 20 percent of the assessed city ad valorem property tax. This tax exemption shall begin on the first day of the first tax year after designation of the historic district. (Ord. No , I, ; Ord. No , 1, ATTACHMENT 4