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File #: 18-4540   
Type: Real Property Sale
In control: City Council A Session
On agenda: 11/1/2018
Posting Language: Ordinance declaring a 5.00 acre unimproved tract of city-owned property near Weidner Road in Council District 10 as surplus and authorizing its sale to Rockport Family Partnership, Ltd. for $217,800.00 for the purpose of constructing a drainage facility and authorizing staff to initiate zoning as necessary for the conveyance of the property. Funds from the sale will be deposited in the Storm Water Regional Detention Fund. [Peter Zanoni, Deputy City Manager; Mike Frisbie, Director, Transportation & Capital Improvements]
Attachments: 1. Purchase Agreement . Weidner Road Crosswinds..., 2. Conceptual Crosswinds Drainage Plans, 3. Metes & Bounds, 4. Cert of Int Parties - 07.02.18, 5. COSA - Contracts Discl Form - 07.02.18, 6. Attachment A Purchase Agreement-Weidner.pdf, 7. Draft Ordinance, 8. Detail View, 9. Map, 10. Ordinance 2018-11-01-0869

DEPARTMENT:  Transportation & Capital Improvements                     

 

 

DEPARTMENT HEAD: Mike Frisbie, P.E.

                     

                     

COUNCIL DISTRICTS IMPACTED: Council District 10

 

 

SUBJECT: Declaring as surplus and authorizing the sale of city-owned property in NCB 15911 on Weidner Road and authorizing staff to initiate zoning as necessary for the conveyance of the property.

 

 

SUMMARY:

 

An ordinance declaring a 5.00 acre unimproved tract of city-owned property in NCB 15911 on Weidner Road in Council District 10 as surplus and authorizing its sale to Rockport Family Partnership, Ltd. for $217,800.00 and authorizing staff to initiate zoning as necessary for the conveyance of the property. 

 

 

BACKGROUND INFORMATION:

 

Petitioner (Rockport Family Partnership, Ltd. and its affiliates) has multiple property interests near Crosswinds Way, Wurzbach Parkway and Weidner Road in the northeast section of the city.  Petitioner recently rezoned 21.23 acres from Industrial (I-1) to Multi-Family District (MF-33) and Commercial (C-3) to facilitate construction a 300-unit multi-family development and a facility to be leased to a Public Charter School. The Public Charter School, the School of Science & Technology, will relocate from its current location, on Crownpoint Drive Business Park off of IH-35, to the new site once the facility is ready to be leased. 

 

A portion of the property was previously developed by the petitioner as the Crosswinds Business Park.  An additional 12 acres is planned to be developed as flex office/warehouse space in the future.

 

The city acquired a 5.00 acre unimproved tract from the petitioner in 1999 with intent to construct a regional detention pond.  The parcel is located in a low point of the area and it tends to flood during rain events.  However, the detention pond was never constructed.  TCI Storm Water reviewed the area and determined that under current conditions, a city constructed regional detention pond at this location would provide little benefit.  The petitioner is proceeding with developing the surrounding properties and needs the 5.00 acre tract for on-site detention.    

 

In accordance with Municipal Code, Real Estate coordinated a review of the property by city departments and utilities to determine if the property could be declared as surplus and disposed. The request was approved, with conditions. TCI Storm Water staff identified the property lies within a mandatory detention area.  It floods during significant rain events, and this location of Weidner Road must be closed due to public safety concerns.  The city parcel has no unflooded access leaving the only developable portion of the property landlocked. Due to the reservations and drainage issues, only approximately half (1/2) of the parcel can be developed.  An appraisal was recently completed in October 2018 to reflect the restrictions and limitations of the property and the land appraised for $210,000. In accordance with Local Government Code, Chapter 253, the 5.00 acre tract was advertised for at least 30 days on a multiple-listing service. The petitioner submitted the highest cash offer of $217,800 which establishes the Fair Market Value.

 

The petitioner plans to construct drainage improvements and utilize the property as a drainage pond for its surrounding development.  The City and petitioner executed the attached purchase agreement for a sales price of $217,800.  If City Council approves this request, the sale can be completed and the petitioner can proceed with planned construction.  By initiating the zoning from I2 (Heavy Industrial), to MF-33, the petitioner can incorporate a portion of the property as part of the multi-family development, allowing for more open/play space.

 

 

ISSUE:

 

This ordinance declares a 5.00 acre unimproved tract of city-owned property in NCB 15911 on Weidner Road as surplus and authorizes its sale to Rockport Family Partnership, Ltd. for $217,800.00 and authorizes staff to initiate zoning as necessary for the conveyance of the property. 

 

The petitioner will utilize the 5.00 acre tract as a drainage basin to proceed with planned multi-family development and a facility to be leased to a Public Charter School that will move its operations from its current facility to this new one. A conceptual design plan of the drainage improvements is attached showing the proposed buffer and drainage easement.  In addition, the property will be rezoned MF-33 and incorporated into the multi-family development as open space.

 

 

ALTERNATIVES:

 

City Council could choose not to approve this item, however the petitioner will not be able to maximize development in the area because of the drainage and flooding issues, and the city will still need to maintain this 5.00 acre unimproved property.  Sale of the property will address drainage and flooding in the area and the property will be placed back on the tax rolls.

 

 

FISCAL IMPACT:

 

Local Government Code, Chapter 253 allows a home-rule municipality to contract with a broker; list the property for at least 30 days on a multiple-listing service; and accept the highest cash offer.  The fair market value was established at $217,000.00 and will be deposited in the Storm Water Regional Detention Fund.

 

 

RECOMMENDATION:

 

The Planning Commission approved this request at its regular meeting on August 22, 2018.

 

Staff recommends approval of this request to declare as surplus and dispose of a 5.00 acre unimproved tract of city-owned property in NCB 15911 located on Weidner road and authorizes staff to initiate zoning as necessary for the conveyance of the property.