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File #: 14-2462   
Type: Street Closures
In control: City Council A Session
On agenda: 11/13/2014
Posting Language: An Ordinance authorizing the closure, vacation, and abandonment of a 0.386 acre improved portion of Colima Street, in Council District 5, as requested by Peanut Factory Lofts Ltd. with conditions. [Peter Zanoni, Deputy City Manager; Mike Etienne, Director, EastPoint & Real Estate Services Office]
Indexes: EastPoint Disposition
Attachments: 1. Exhibit A, 2. Site Plan, 3. Survey, 4. Draft Ordinance, 5. Ordinance 2014-11-13-0911
DEPARTMENT: EastPoint & Real Estate Services      
  
DEPARTMENT HEAD: Mike Etienne
      
COUNCIL DISTRICTS IMPACTED: 5
SUBJECT: Disposition: Closure of an improved portion of Colima Street
SUMMARY:
 
An ordinance authorizing the closure, vacation, and abandonment of a 0.386 of an acre (16,810 square feet) improved portion of Colima Street Public Right of Way adjacent to NCBs 273 and 274, located between S. Frio and S. Medina Streets in Council District 5, as requested by Peanut Factory Lofts LTD.
BACKGROUND INFORMATION:
Peanut Factory Lofts LTD (Petitioner) is requesting to close, vacate and abandon an improved portion of Colima Street located between S. Frio and S. Medina Streets adjacent to New City Blocks 273 and 274, as shown on attached Exhibit "A" in City Council District No. 5.  Petitioner has indicated that the permanent closure of Colima Street between S. Frio to S. Medina Streets is an important part of the Peanut Factory Lofts Project.  Petitioner's primary concern of this proposed road closure is safety and security.  The property is being constructed on both sides of Colima Street and the amenity package will be on the north side of Colima Street.  Peanut Factory Lofts LTD's concern is that the development of the project will cause a significant increase in car and foot traffic between the two sites.  In addition, Petitioner has stated that in order to securitize the entire site for the resident's safety, the closing of Colima Street would allow for a much more complete and secure site.   Petitioner also has stated that his closure will help limit interactions between cars passing through and pedestrians to prevent unnecessary automotive risks or security risks.
If approved, Petitioner proposes to subdivide the entire property into a single mixed income residential development. The development includes three new buildings and a historical rehabilitation of the existing peanut factory building. The total project will include 102 units between the four buildings onsite.  The new buildings constructed will consist of two and three story structures.  The existing peanut factory is a five story and will remain a five story structure.  Construction on this project began in early 2013 and is anticipated to be completed in phases over the next three months delivering units each month.  
ISSUE:
 
This ordinance will authorize the closure, vacation, and abandonment of an improved portion of Colima Street Public Right of Way adjacent to NCBs 273 and 274, located between S. Frio and S. Medina Streets in Council District 5, as requested by Peanut Factory Lofts LTD. If approved, Petitioner proposes to subdivide the entire property into a single mixed income residential development. The development includes three new buildings and a historical rehabilitation of the existing peanut factory building. The total project will include 102 units between the four buildings onsite.  The new buildings constructed will consist of two and three story structures.  The existing peanut factory is a five story and will remain a five story structure.  Construction on this project began in early 2013 and is anticipated to be completed in phases over the next three months delivering units each month. In addition, the developer has worked with the nearby business to accommodate their access needs as a result of their proposed closure.  
 
To ensure public travel and traffic circulation between Guadalupe and Vera Cruz Streets, City Staff has started the process to acquire private property between Colima and Vera Cruz Streets for public right of way purposes.  The subject property targeted for acquisition will extend Medina Street from Colima Street to Vera Cruz Street.  This will allow adjacent owners easy access to major thoroughfares in order to access to IH 35.  This acquisition will be paid by part of the City's Capital Improvement Project.
This action is consistent with City Code and Ordinances relative to closing Public Rights of Way.
 
ALTERNATIVES:
 
The closure, vacation and abandonment of an improved portion of Colima Street will allow Petitioner to subdivide the entire property into a single mixed income residential development.  City Council could choose not to approve this item; however, disapproval of this request would disallow Petitioner from incorporating the proposed closure with its adjacent property and using it for the development purposes.  
 
FISCAL IMPACT:
 
The established fees for this street closure is $67,044.00, which staff is recommending be waived. Staff recommends that the fee be waived in exchange for Petitioner installing a total of $59,438.00 worth of infrastructure improvements to include landscaping, lighting and sidewalk repairs on Guadalupe and Medina Streets. The fees being waived includes the property's assessed value of $65,000.00 conducted by Eckmann Groll, Inc. on June 29, 2014, plus $1,800.00 for the appraisal report, $144.00 for the posting of two signs to notify the public of the proposed closure and $100.00 for the recording fees.
RECOMMENDATION:
 
Staff recommends approval of the closure, vacation and abandonment of an improved portion of Colima Street Public Right of Way and to waive the fee of the closure since Peanut Factory Lofts LTD will provide a total of $59,438.00 of infrastructure improvements on Guadalupe and Medina Streets.
 
The City of San Antonio's Planning Commission will consider this request to close, vacate and abandon  an improved portion of Colima Street at its regular meeting on November 12, 2014.
 
In accordance with Municipal Code Chapter 37, 48 letters were sent to property owners within a 500-foot radius of the closure and two signs were posted at the proposed closure to notify the public of the proposed closure which includes the dates and times of the public hearings.