PRESENTER: Presenter
Applicant: ADM Milling Co.
Agent: Ashley Farrimond; Killen, Griffin & Farrimond, PLLC
Body
SUBJECT: Title
ROW24-149 Discuss and consider a recommendation to City Council regarding the proposed abandonment of a 0.972-acre portion of East Bridge Street Right-of-Way, located between the terminus of East Bridge Street and the Comal River.
Header
DEPARTMENT: Public Works
Body
COUNCIL DISTRICTS IMPACTED: City Council District 5
BACKGROUND INFORMATION:
Applicant: Dittlinger Mill, LLC
200 E. Basse Road
Suite 200
San Antonio, TX 78209
Agent: Killen, Griffin & Farrimond, PLLC
c/o Ashley Farrimond
10101 Reunion Place, San Antonio, Texas 78216
210-960-2750 ashley@kgftx.com
Staff Contact: Matthew Eckmann
(830) 221-4089 meckmann@newbraunfels.gov
The subject right-of-way is located between the north terminus of East Bridge Street and the Comal River and consists of 0.972 unimproved acres (42,340.32 square feet) abutting properties zoned “MU-B” High Intensity Mixed Use District and “C-4” Resort Commercial District. The subject property abuts the applicant’s property at 403 E. Bridge Street, property owned by the City of New Braunfels located at the terminus of E. Mill Street, the Comal River and the existing improved portion of East Bridge Street and is partially within the 100-year floodplain and partially within the floodway.
The applicant is requesting the city abandon the subject right-of-way allowing for the purchase of it to combine with their existing adjacent property. There are existing water and wastewater utilities within the right of way, which will be captured within an easement across the property upon plating. The property is currently unimproved.
An appraisal report was prepared by an independent appraiser indicating an estimated market value of $435,000 for the right-of-way (see attached Appraisal Summary Sheet).
City departments and New Braunfels Utilities have reviewed the request and have no objections to vacating the subject right-of-way provided the conditions at the end of the report are implemented to ensure protection of the utility infrastructure and provide for the proper termination of the remaining section of East Bridge Street.
The applicant has agreed to purchase the property for the appraised value and with the staff conditions referenced at the end of the report.
Surrounding Zoning and Land Use:
North - Across the Comal River, R-2 / Hinman Island Park
South - M-1 / residential low density and improved East Bridge Street Right-of-Way
West - MU-B/ Applicants Vacant Property
East - C-4 / City Property
ISSUE:
The proposed abandonment is consistent with the following actions from Envision New Braunfels:
Action 1.3: Encourage balanced and fiscally responsible land use patterns.
Action 1.6: Incentivize infill development and redevelopment to take advantage of existing infrastructure.
FISCAL IMPACT:
The addition of $435,000 from the sale of unimproved right-of-way which is deposited into the street trust account and can be used for future roadway improvements; addition of 0.972 acres 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. The applicant shall provide for the proper termination of the remainder of E. Bridge Street to be in compliance with Sec. 118-46(k) of the City code of ordinances.
2. The applicant shall provide a Utility Easement equal to the width of the right-of-way for a portion of the property to include the west side of the railroad spur.
3. A Utility Easement is required, minimum 20-feet in width, centered on the existing sewer line continuing northeasterly, covering all sewer equipment within the right-of-way (field-locating by applicant required).
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.
5. All conditions of approval are to be reflected on the plat in the form of notes and easements as appropriate.
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>