Agenda Item Report
Legislative Board: City Council
Date: October 20, 2026
Contact: Wendy Smith
Agenda Item ID / Number: 2026-831 / J.4
 
ITEM TITLE:

Public hearing, deliberation, and possible action regarding a Resolution to change the use of approximately 3.89 acres of public parkland to provide right-of-way and public utility easements for the Old Black Colony Road Project in accordance with Texas Parks and Wildlife Code Chapter 26 (Assistant City Manager Wendy L. Smith) [PUBLIC TESTIMONY] 

 
 
1. EXECUTIVE SUMMARY

The City of Buda proposes to modify the use of portions of three park properties to provide right-of-way (ROW) and public utility easements (PUE) needed for the Old Black Colony Road Project. The affected area totals approximately 3.89 acres. A public hearing is scheduled for October 20, 2026, to receive public input, comments, and objections regarding the proposed parkland use change.

 
2. BACKGROUND/HISTORY

The proposed action affects portions of Whispering Hollow HOA Parkland, Whispering Hollow Park, and Summer Pointe Park. The City issued public notices on September 23, 2026, September 30, 2026, October 7, 2026, and October 14, 2026, stating that the proposed change of use is intended to provide ROW and PUE for the Old Black Colony Road Project and is being considered in accordance with Texas Parks and Wildlife Code, Chapter 26.

 

The public notice also stated a hearing will be held during the regularly scheduled City Council meeting on October 20, 2026, in the Council Chambers at the City of Buda Municipal Complex, 405 E. Loop St., Bldg. 100, Buda, Texas 78610. Interested citizens, property owners, and stakeholders may provide comments for or against the proposal. Written comments were due by October 15, 2026, at 5:00 PM for inclusion in the official record for Council review.

 
3. ANALYSIS

The proposed change of use consists of approximately 3.89 acres total: approximately 0.42 acres of the 2.49-acre Whispering Hollow HOA Parkland; approximately 2.40 acres of the 12.97-acre Whispering Hollow Park; and approximately 1.07 acres of the 4.76-acre Summer Pointe Park. These portions are proposed to be changed from public park use to provide ROW and PUE for the Old Black Colony Road Project. As described in the public notice, City Council will consider whether there is a compelling public necessity for the non-park use and whether all reasonable planning has been undertaken to minimize harm to the remaining local park system.

 

The design of Old Black Colony Road was brought before the City Council in February 2023 regarding the alignment and proposed typical section, September 2023 Public Meeting, November 2023 for schematic design review with direction to reduce ROW needed, February 2024 for revised 30% design review showing less ROW needed and alignment shift to the north into parkland, Bond Committee in July 2025 for 60% review, September 2025 Open House, September 2025 Bond Committee for public input review, and Council in October 2025 for 60% update with public input showing further ROW need reduced. During every public meeting and property owner meeting, there is a strong desire to reduce private land acquisition for this project.

 

Currently, the proposed impacts in the parkland are less than the impacts shown in the February 2024 presentation. In accordance with the design approved in November 2023, February 2024, and October 2025, the proposed roadway is shifted into the parkland and the section modified to minimize overall ROW impacts, including minimizing impact to property owners along the southside of the roadway. Also, the roadway alignment shift into the parkland minimizes or avoids ROW needs of 12 property owners south of the parkland. The roadway shift also provides slight curves, promoting traffic calming.

 

Staff analysis concludes there is a compelling public necessity for the parkland use change. Desire from the adjacent property owners, traffic calming with the slight curves, and reduced cost of the project with less land acquisition required.

 

In addition, Staff analysis concludes there has been reasonable planning undertaken to minimize harm to the remaining park system. The project includes a greater pedestrian network and improved drainage management system planned with the roadway improvements. An eight-foot sidewalk will be constructed along with a bike lane in the roadway. Pedestrian facilities will be safer, ADA-compliant, and linked to a greater network. Drainage will be captured with inlets and conveyed in an underground pipe system. As the design progresses, impacts to the parkland are decreasing. Currently, the design firm and franchise utilities are coordinating to determine placement of drainage and utilities and how to place both facilities nearest to each other and overlapping.

 

 
4. FINANCIAL IMPACT

None

 
5. STRATEGIC PLAN/GOALS
IMPROVED MOBILITY
 
6. STRATEGIC PLAN OBJECTIVES
Improved Mobility
 
7. PROS AND CONS

Pros: Provides an approval necessary to advance the Old Black Colony Road Project, and approval is consistent with design direction previously provided. No change to property owners on the south side of Old Black Colony Road.

 

Cons: Approximately 3.89 acres currently identified as parkland would be changed to a non-park use for ROW and PUE, reducing size of the affected park properties.

 
8. ALTERNATIVES

City Council may decline to approve the proposed change of use. Doing so will require the City to redesign the roadway alignment, rework survey for metes and bounds for approximately 12 property owners and extend the timeline for design and ROW acquisition.

 

City Council may also direct staff to further evaluate measures to reduce the parkland impact before returning for additional consideration. New public notices and hearing required. Council direction later in design is higher risk to the project timeline and project costs.

 
9. REQUESTED ACTION / SUGGESTED MOTION / RECOMMENDATION
Conduct the public hearing and approve a resolution authorizing the change of use of approximately 3.89 acres of the identified park properties for ROW and PUE associated with the Old Black Colony Road Project, subject to the findings required under Texas Parks and Wildlife Code, Chapter 26.

 
Attachments:
 
Resolution - Parkland Change of Use - Chapter 26 Hearing
Presentation - Old Black Colony Parkland Use Change