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File #: 19-733    Name:
Type: Recommendation Status: Individual Item Ready
File created: 9/19/2019 In control: Planning Commission
On agenda: 10/2/2019 Final action:
Title: Discuss and consider the proposed abandonment and sale of approximately 0.45 acres of street right-of-way located at the terminus of North Houston Avenue. PZ-18-014
Attachments: 1. Aerial Maps, 2. Application, 3. Survey and Metes & Bounds Description, 4. Land Use maps (Zonng, Existing Land Use and Future Land Use Plan), 5. Appraisal-Reconciliation and Final Opinion of Market Value, 6. Photographs
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 Presenter/Contact

Presenter

Applicants: Melvin Nolte, Jr. / Heidelberg Lodges, Ltd. / Owner: City of New Braunfels

Contact Info

(830) 625-7305 - mnoltelaw@att.net  / (830) 237-1364 - chris@heidelberglodges.com

 

Subject Header

SUBJECT:

Title

Discuss and consider the proposed abandonment and sale of approximately 0.45 acres of street right-of-way located at the terminus of North Houston Avenue. PZ-18-014

 

Body

BACKGROUND / RATIONALE:

Case No.:                                          PZ18-014

 

Council District:                     4

 

Applicants:                                          Melvin Nolte, Jr.                          Heidelberg Lodges, Ltd. (Chris Mock)

                                                               1015 N. Houston Ave.                          120 N. Houston Ave.

                                                               New Braunfels, TX 78130                          New Braunfels, TX 78130

                                                               

Owner:                                          Citizens of New Braunfels

                                                               550 Landa St.

                                                               New Braunfels, TX 78130

 

Staff Contact:                      Matt Greene

                                                               (830) 221-4053

mgreene @nbtexas.org

                                                               

The subject property is a roadway segment located at the terminus of North Houston Avenue adjacent to the Heidelberg Lodges, a multifamily apartment complex, and Comal Springs. It comprises approximately 0.45 of an acre (19,602 square feet). Heidelberg Lodges, Ltd. and Mr. Nolte own the two properties adjacent to the subject right-of-way (r-o-w) and have requested abandonment of the r-o-w for purchase.  The applicants have no intention of developing any portion of the property as it is encumbered by various easements, a new stormwater treatment structure and is entirely within the 100-year floodplain and partially in the floodway. The applicants believe there is no public necessity for public use of the street r-o-w and that private ownership of the land will help eliminate on-going trespassing onto their adjacent private properties where vandalism is occurring.

 

A report was submitted by an independent appraiser indicating an estimated market value of $20,000 for the r-o-w (see attachment).

 

City departments have reviewed the request and have no objections provided an adequate access, utility and drainage easements are established for access to and maintenance of utilities and the stormwater treatment structure. The applicants have agreed to the easement requirements. A final plat of the property must be submitted and approved prior to ownership transfer. Recordation will occur subsequent to the transfer.

 

General Information:

Surrounding Zoning and Land Use:

North - C-4 / Heidelberg Lodges

South - C-4 / Apartment Complex

East - C-4 / Single-Family Rental Units

West - Across Comal Springs, R-2 & R-3 / Single-Family Residences

 

FISCAL IMPACT:

$20,000 from the sale of the improved r-o-w, addition of 0.45 of an acre to the tax rolls, and less asphalt and curb for the taxpayers to maintain.

 

Recommendation

COMMITTEE RECOMMENDATION:

N/A

 

STAFF RECOMMENDATION:

Staff recommends approval of the applicants’ request with the following conditions:

1.                     Access, Utility and Drainage Easements be provided as required by the City.

2.                     A final plat of the property must be submitted and approved by the City prior to ownership transfer. Recordation will occur subsequent to the transfer.

 

Attachments:

1.                     Aerial Maps

2.                     Application

3.                     Survey

4.                     Land Use Maps (Zoning, Existing Land Use and Future land Use Plan)

5.                     Appraisal-Reconciliation and Final Opinion of Market Value

6.                     Photographs