PRESENTER: Presenter
Applicant: David D. and Stephanie L. Feltmann
Agent: James Ingalls, Ink Civil
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SUBJECT: Title
ROW25-136 Discuss and consider a recommendation to City Council regarding the proposed abandonment of a 0.302-acre portion of right-of-way for Water Lane, located between West San Antonio Street and Loop 337.
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DEPARTMENT: Public Works
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COUNCIL DISTRICTS IMPACTED: 1
BACKGROUND INFORMATION:
Case Number: ROW25-136
Applicant: David D. and Stephanie L. Feltmann
905 Encino Drive
New Braunfels, TX 78130
Agent: Ink Civil
c/o James Ingalls
2021 SH 46 West, New Braunfels, TX 78132
830-358-7127 / plats@ink-civil.com
Staff Contact: Matthew Eckmann, Assistant Director Public Works
(830) 221-4089 / meckmann@newbraunfels.gov
The subject right-of-way (r-o-w) is located between the West San Antonio Street r-o-w and the Loop 337 r-o-w adjacent to the property addressed as 3100 West San Antonio Street, and consists of 0.302 unimproved acres (13,143 square feet). The abutting properties are zoned “M-1" Light Industrial District. The subject property abuts the applicant’s property at 3100 West San Antonio Street and property owned by UBetcha Storage 2, LLC who declined to participate in this abandonment.
ISSUE:
The applicant is requesting the city abandon the subject r-o-w allowing for the purchase of it to combine with their existing adjacent property. There are existing electric and wastewater utilities within the r-o-w, which will be captured within an easement across the property upon platting. The property is currently unimproved.
An appraisal report was prepared by an independent appraiser indicating an estimated market value of $19,800 for the r-o-w (see attached Appraisal Summary Sheet).
City departments and New Braunfels Utilities have reviewed the request and have no objections to abandoning the subject r-o-w provided the conditions at the end of the report are implemented to ensure protection of the utility infrastructure.
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 - Loop 337 Right-of-Way
South - West San Antonio Street Right-of-Way
West - M-1/ Applicants Property
East - M-1 / UBetcha Storage 2, LLC
COMPREHENSIVE PLAN REFERENCE:
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 $19,800 from the sale of unimproved right-of-way would be deposited into the street trust account and can be used for future roadway improvements; addition of 0.302 acres to the tax rolls and less r-o-w to maintain with taxpayer dollars, consistent with recommendations in the Land Use Fiscal Analysis.
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 a Utility Easement equal to the width of the right-of-way.
2. 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.
3. 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>