New Braunfels City Council Meeting - November 24, 2025

The New Braunfels City Council met on Monday, November 24, 2025, at 2:15 PM. The agenda included three proclamations, public testimony on a pending legal matter, several consent agenda items, and public hearings on zoning and incentive requests. Key votes included the unanimous approval of a $2.2 million economic development incentive for a downtown mixed-use project, the denial of a short-term rental rezoning near a residential neighborhood, and the approval of a Walmart distribution center expansion.

Consent Calendar

• Approved unanimously. Items included routine approvals such as the Title VI non-discrimination plan, committee membership adjustments per Senate Bill 1883, speed limit changes (Wood Road, Walnut Avenue, Loop 337), school zone amendments (removal of Ninth Grade Center zone, establishing Legend Point Elementary zone), animal quarantine updates, fence code amendments, and a limited purpose annexation.
• Item N (Pulled): Ordinance amending the downtown parking zone to exempt vehicles displaying disabled parking plates or placards from registration and parking fees. Passed unanimously.

Public Comments & Testimony

• Cody Ackroyd (Resident): Stated he has spent two years notifying the city that prosecutors in municipal court lack required constitutional oaths of office and anti-bribery statements. He alleged a police body camera recording was deleted after a formal preservation request related to his ongoing civil litigation, and that charges against him were eventually dropped. He called for accountability and transparency, warning of legal and financial consequences for the city.

Discussion Items

Public Hearing: Rezoning for Short-Term Rental at 215 Ditlinger Street

• Request: Daniel Morales requested a rezoning from R2 to CO SUP to allow a short-term rental in an 864-square-foot single-family home.
• Background: The property is in a long-standing residential neighborhood. Staff and the Planning Commission recommended denial, citing potential negative impacts on adjacent residential properties. 19 notices were mailed; 5 responses opposed, 1 in favor.
• Resident Testimony (All Opposed): Multiple neighbors (Mike Martin, Rebecca Wistas, Mrs. Diaz, Gordon Schott, Kelly Martin) spoke against the request, citing concerns about noise, traffic, safety, parking, and the preservation of the residential character of the neighborhood, often referencing past issues with nearby commercial activities.
• Applicant Position: Daniel Morales spoke in favor, explaining the property was inherited and the short-term rental was intended as a family investment to build generational wealth. He promised strict guest vetting and rules.
• Outcome: Motion to deny by Councilmember Edwards, seconded by Councilmember Ryan. The motion carried (unanimous on the voice vote).

Public Hearing: Rezoning for Walmart Distribution Center Expansion

• Request: Ivan Haime (Walmart Director of Government Affairs) requested a rezoning of 72 acres from APDAH to M1A AH to allow for a pay barrier and truck/trailer operations to support the existing 1.1 million square foot distribution center.
• Background: Staff and Planning Commission recommended approval. 7 notices were mailed; 0 responses were received. The facility employs over 1,100 people with an average wage of $27/hour and recently underwent a $20 million upgrade.
• Outcome: Approved unanimously.

Ordinance: Alignment of Rezoning Procedures with HB 24

• Request: First reading of an ordinance amending Chapter 144 to align local zoning procedures (public notices, protest petitions, supermajority requirements) with new state law.
• Outcome: Approved unanimously.

Public Hearing: Rezoning for Short-Term Rental at 265 School Avenue

• Request: Joe Rios requested a rezoning from C3 to C3 SUP to allow a short-term rental in a newly constructed home on the edge of a commercial district.
• Background: Staff and Planning Commission recommended approval. 19 notices were mailed; 0 responses in favor, 1 in opposition.
• Applicant Position: Joe Rios stated the property was intended for family visits and occasional short-term rentals, stressing he would use platforms with guest vetting and management companies.
• Outcome: Approved unanimously.

NBEDC Incentive for Downtown Mixed-Use Development (NOIA LLC)

• Presentation: Deputy City Manager Jordan Matany presented a request for a $2.2 million incentive from the New Braunfels Economic Development Corporation (NBEDC) for a $27 million mixed-use project at the corner of San Antonio and Genther streets. The project includes 43 owner-occupied condominiums, ground-floor office and retail space, and significant public infrastructure improvements (overhead to underground utilities, full reconstruction of Genther, enhanced sidewalks). $1.5 million is site-specific; $700,000 is for city-requested infrastructure. Funds are structured to be paid after construction completion. The project is within the Downtown TIRZ.
• Public Hearing:
  • Opponents: Julie King (questioned fairness, cited prior developments that paid for infrastructure; argued the project is luxury and carries risk). Chase Taylor (stated sales tax is taxpayer money; questioned the “but for” justification; argued it sets a double standard compared to other developers and individual homeowners who must pay for sidewalks).
  • Supporters: Multiple speakers (Thor Thornhill, Keith Dalton, Chaz Gallagher, Shane Hines, Max Harford, Russell Gribble, Ian Bettis, Clarissa DeSanto) spoke in favor, calling the project catalytic, pointing to its alignment with the Downtown Implementation Plan, the value of public-private partnerships, the need for downtown residents to support local businesses, and the benefits of the infrastructure improvements (undergrounding utilities, safety, reliability).
• Council Discussion: Councilmembers discussed the funding source (sales tax vs property tax), the “but for” requirement, the mitigation of risk to the city, and the long-term tax revenue increase (from $1.5 million to an estimated $27 million in taxable value).
• Outcome: Councilmember Lebowski moved to approve, seconded by Mayor Pro Tem Bradley. The motion passed unanimously.

Key Outcomes

• Unanimous Approvals: Consent agenda (including Item N on disabled parking), Walmart rezoning, HB 24 zoning alignment, School Avenue short-term rental, and the Downtown NOIA LLC $2.2M incentive.
• Denied: Ditlinger Street short-term rental rezoning.
• Public Testimony Heard: Citizens communication regarding an ongoing legal matter concerning deleted evidence and prosecutor oaths was received and filed.