PRESENTER: Presenter
Christopher J. Looney, AICP, Planning and Development Services Director
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SUBJECT: Title
Approval of the second and final reading of an ordinance regarding the proposed abandonment of an approximately 4,976 square-foot (0.114 of an acre) portion of unimproved remaining right-of-way, abutting the northern terminus of Elizabeth Avenue.
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DEPARTMENT: Planning and Development Services
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COUNCIL DISTRICTS IMPACTED: City Council District 3
BACKGROUND INFORMATION:
Case #: CS21-0391
Applicant: Charles Wiggins
890 Edgewater Terrace
New Braunfels, TX 78130
(432) 559-1615 sloob@aol.com
Agent: Steve Taylor
268 Comal Avenue
New Braunfels, TX 78130
(830) 629-6077 sdtaylor@nbtx.com
Staff Contact: Matt Greene
(830) 221-4053 mgreene@nbtexas.org
City Council held a public hearing on January 10, 2022 and unanimously approved the first reading of the ordinance for the applicant’s request for abandonment of a 4,976 square-foot (0.114 of an acre) portion of unimproved right-of-way remnant abutting the northern terminus of Elizabeth Avenue, with recommended conditions (7-0-0).
The subject unimproved right-of-way remnant is located north of the paved section of Elizabeth Avenue, approximately 130 feet north of the intersection of Elizabeth Avenue and Edgewater Terrace. It comprises approximately 4,976 square feet (0.114 of an acre) and abuts:
• the applicant’s residence at 890 Edgewater Terrace,
• the Landa Park Golf Course,
• a strip of land approximately 10 to 15 feet wide that is owned by the Comal County Water Recreational District No. 1 (a.k.a. Comal Power Company) adjacent to the Comal River (see attached survey), and
• the existing improved portion of Elizabeth Avenue.
The subject property does not have direct river frontage: it is separated from the river by a strip of private property. The tract is entirely within the 100-year floodplain and partially within the floodway.
The applicant is requesting that the city abandon the right-of-way remnant allowing him to purchase the tract to combine with his existing residential lot. This is consistent with the right-of-way abandonment process, i.e. after a formal request, review, appraisal and public hearings, right-of-way segments may be abandoned and released to adjoining property owners. Pursuant to this process, an appraisal report was prepared by an independent appraiser indicating an estimated market value of $74,000 for the unimproved right-of-way remnant (see attached Appraisal Summary Sheet).
The City and New Braunfels Utilities (NBU) have reviewed the request and have no objections to vacating the subject right-of-way remnant provided the conditions listed at the end of this memo are implemented to ensure the city maintains authority to protect the environment and public health, safety and welfare. The proposed conditions will also ensure the property remains vegetated to help filter out pollutants in runoff before reaching the Comal River. The applicant has agreed to the appraised value and staff-recommended conditions.
This request has been processed in accordance with Sections 253.001 and 272.001 of the Texas Local Government Code and Chapter 118, Section 118-56 of the City of New Braunfels Code of Ordinances.
Surrounding Zoning and Land Use:
North - Across Comal Spring Lake, R-2 / Single-family residences
South - R-2 / Landa Park Golf Course, single-family residences and improved Elizabeth Avenue Right-of-Way
West - R-2 / Landa Park Golf Course
East - R-2 / Applicant’s single-family residence
ISSUE:
The proposed abandonment, with recommended conditions, would be consistent with the following Actions in Envision New Braunfels:
• Action 1.3: Encourage balanced and fiscally responsible land use patterns.
• Action 5.2: Discourage development in Edwards Aquifer Recharge and contributing zones, stream zones, flood-prone areas, steep slopes, or other ecologically constrained areas. Where development in these areas must occur, require that it be environmentally sound using tools such as but not limited to low impact development (LID).
The property lies within the New Braunfels Sub Area near a Scenic River Corridor. It is also near existing Outdoor Recreation, Medical, Tourist/Entertainment and Market Centers.
FISCAL IMPACT:
The addition of $74,000 from the sale of unimproved right-of-way, addition of 4,976 square feet to the tax rolls, and less right-of-way to maintain with taxpayer dollars.
Recommendation
RECOMMENDATION:
Approval. Multiple City departments and NBU reviewed the request and have no objection if approved with the following conditions:
1. Provide City employees including but not limited to, police, fire, EMS and related emergency personnel, access on and across the abandoned right-of-way property via a platted non-exclusive blanket access easement for public health, safety, welfare, and environmental protection purposes.
2. Vegetation must remain established and maintained within the abandoned right-of-way property.
3. No permanent structure can be built within the right-of-way abandonment property with the exception of City approved fencing or barricade to secure the property and prevent trespassing.
4. The abandoned right-of-way property must be included within a plat of the adjacent property owned by the applicant in compliance with the City’s Subdivision Platting Ordinance. A final plat of the property must be submitted and approved by the City prior to ownership transfer. Recordation of the final plat will occur subsequent to the transfer which must take place within 180 days of City Council action.
5. All conditions of approval are to be reflected on the plat in the form of notes and easements as appropriate.
The Planning Commission, at its December 7, 2021 regular meeting, recommended approval with staff-recommended conditions (7-0-0, with Chair Edwards and Commissioner Mathis absent).
Resource Links:
Chapter 118-56 Closure, abandonment, and sale of public right-of-way:
<https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?nodeId=PTIICOOR_CH118SUPL_ARTIVDEST_S118-56CLABSAPURI-W>