PRESENTER: Presenter
Matt Greene, Principal Planner
Thad Rutherford, President and CEO of Southstar at Mayfair Developer, LLC
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SUBJECT: Title
Discuss and consider the following Mayfair-related amendments, requested by Thad Rutherford, President and CEO, Southstar at Mayfair Developer, LLC:
a) Public hearing and consideration of proposed amendments to the Mayfair Development and Design Control Document (DDCD): and
b) Proposed amendments to the Mayfair Development Agreement.
c) Header
DEPARTMENT: Neighborhood and Community Planning
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COUNCIL DISTRICTS IMPACTED: Outside City Limits
BACKGROUND INFORMATION:
Case #: PZ26-0199 and CS26-0110
Applicant/Owner: Southstar at Mayfair Developer, LLC
Thad Rutherford, President and CEO
651 Business IH 35, Suite 420
New Braunfels, TX 78131
Staff Contact: Matt Greene
(830) 221-4053 | mgreene@newbraunfels.gov
Mayfair is an approximately 1,880-acre mixed-use development located adjacent to the city limits within the City’s extraterritorial jurisdiction (ETJ) in Comal County. The overall development is generally bound by FM 1102 to the west, FM 1101 to the east, Woods Path and Watson Lane East to the north, and Kohlenberg Road to the south. It extends across both the east and west sides of IH-35 north of New Braunfels.
Created as a Water Improvement District (WID) in accordance with state statute, Mayfair is governed by a Development Agreement between the City and Southstar at Mayfair, LLC, which was approved by City Council on June 28, 2021, and subsequently amended on May 6, 2024 (see Resource Link). The Mayfair Development Agreement establishes design standards, development applications, review processes, and infrastructure improvements that are unique to the Mayfair development. In approving the agreement, City Council directed that these standards serve as a model for future amendments to the City's development ordinances and for future development within the city limits, while advancing the goals of the Comprehensive Plan.
The agreement also adopted the Mayfair Development & Design Control Document (DDCD), which serves as the primary governing document for design standards, development processes, and application requirements. All development activity within Mayfair is reviewed by the City of New Braunfels for compliance with the DDCD (see Resource Link).
ISSUE:
The applicant is seeking amendments to both the Mayfair DDCD and their corresponding Development Agreement. These requests are being presented concurrently, as several proposed changes in each document are interrelated. As such, approval of one document would, in effect, necessitate approval of corresponding provisions in the other.
Pursuant to Section 1.8 of the Mayfair DDCD, the master developer (applicant) may request amendments to the DDCD in accordance with the procedures and criteria established in the document. The applicant is requesting amendments to update administrative processes, revise Part G (Signage), and amend Part H (Definitions), along with several other minor modifications as outlined in the attached summary of proposed DDCD amendments. A mark-up copy of the proposed amending DDCD is also attached for reference.
DDCD amendments of the type being requested are considered optional rather than obligations established through the development agreement. As such, they require a public hearing before the Planning Commission, followed by a formal recommendation to the City Council. After the Planning Commission issues its recommendation, a second public hearing is conducted by the City Council, at which time a final decision on the request is made.
The applicant is also proposing general amendments to the Development Agreement. These amendments include reorganizing certain sections of the document to improve administrative clarity, such as simplifying definitions and relocating process-related information to more appropriate sections. Additional updates include revisions to City Department and City Staff references to ensure consistency with City ordinances, as well as minor modifications to the section addressing the District and Indebtedness (see attached Summary of Proposed Development Agreement Amendments and Proposed Mayfair Development Agreement Amendment Mark-Up Copy).
The applicant is also proposing several new amendments to the Development Agreement, including:
• Adding a definition for ‘Public Facilities’ and clarifying that such facilities are permitted within all land use areas.
• Establishing a requirement and process for Periodic Conforming Updates, along with a defined cadence to ensure consistency across the Master Framework Plan, Sector Plans, and plats.
• Updates related to Sector Plans, including: i. Allowing concurrent review of the Sector Plan and the Sector Plan TIA, and removing the review ‘shot clock’ when the City evaluates these items concurrently. ii. Allowing conditional approval of a Sector Plan pending approval of the Sector Plan TIA.
• Revising provisions related to parks by requiring that the tracking of park types toward the Park Schedule be included in both the final plat and the Periodic Conforming Updates.
For additional details, please refer to the attached Summary of Proposed Development Agreement Amendments and the mark-up copy of the proposed amending Development Agreement.
As mentioned above, since both sets of amendments are interrelated, both items are being presented together on the Individual Agenda. A motion on the amending documents may be considered jointly or individually at the discretion of City Council.
COMPREHENSIVE PLAN REFERENCE:
Mayfair’s proposed amendments to the DDCD and Development Agreement would be consistent with the following actions from Envision New Braunfels:
• Action 1.2: Create plans for neighborhoods and transitional areas to maintain quality of life.
• Action 1.3: Encourage balanced and fiscally responsible land use patterns.
• Action 3.6: Proactively provide a regulatory environment that remains business and resident friendly.
Future Land Use Plan:
The subject property is located within the Oak Creek Subarea, near Future Employment, Civic, and Market Centers.
STRATEGIC PLAN REFERENCE:
YES Economic Mobility N/A Enhanced Connectivity N/A Community Identity
YES Organizational Excellence N/A Community Well-Being
• Objective: Incentivize mixed-use developments and redevelopments in targeted locations to create a built environment with integrated housing, commercial centers, and opportunities for improved connectivity.
• Objective: Support Confluence, the New Braunfels Chamber of Commerce Economic Development Strategic Plan, by helping to ensure a community that supports the targeted industries and increases the diversity of job opportunities in the community.
• Objective: Continue to utilize cross departmental teams to enhance services provided to internal and external customers.
FISCAL IMPACT:
Certain tracts within Mayfair are subject to Limited Purpose Annexation in accordance with the Development Agreement. As a result, the City will receive a portion of the sales and use tax revenues generated from these properties.
Recommendation
RECOMMENDATION:
Approval. The requested amendments are consistent with the overall purpose and intent of Mayfair, its Guiding Principles and Objectives, and align with goals and policies of Envision New Braunfels and objectives of the City’s Strategic Plan.
The Planning Commission held a public hearing for the proposed DDCD amendments (PZ26-0199) August 4, 2026, and recommended approval of the applicant’s request to amend the DDCD (5-0-1).
Mailed notification for DDCD amendments as required by the Development Agreement:
Public hearing notices were sent to 322 owners of property within the Mayfair development or within 200 feet of the request. The City has received three responses in favor from #’s 99, 275 and 323, three opposed from #’s 62, 151 and 158, and one additional response from #74 that did not indicate in favor or opposed but did provide a general comment.
As this is not a rezoning case, the supermajority vote requirement, commonly referred to as the "20% rule," does not apply. Pursuant to the development agreement with the City, notification of an amendment to the Mayfair Development & Design Control Document (DDCD) is required to be provided to property owners within the Mayfair development and to owners of property located within 200 feet of Mayfair.
RESOURCE LINKS:
Current Development Agreement for Comal County WID No. 3:
<https://www.newbraunfels.gov/DocumentCenter/View/26101/Fully-Executed-Mayfair-Amended- <https://www.newbraunfels.gov/DocumentCenter/View/26101/Fully-Executed-Mayfair-Amended->Development-Agreement?bidId=>
Current Development & Design Control Document: https://www.newbraunfels.gov/3333/Mayfair#docaccess- <https://www.newbraunfels.gov/3333/Mayfair>8606fb51e4d5c89a30ab0820a4add26ef641bfee966d001d438350c44c997e8b
<https://www.newbraunfels.gov/3333/Mayfair> <https://www.newbraunfels.gov/3333/Mayfair>