HomeMy WebLinkAbout11/13/1984 Item 3 - Consider Abandonment of Street Right-of-Way - Easterly corner of Chorro and Walnut Streetsffiru
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GCTIJNCIL AGiEIVtrlA FIEPCIFIT
MEETING DATE
11-13-84
ITEM NUMBER:
FROM: Toby Ross, conrnunity Developnent Djrecto?Gon* "r, Ken Bruce
SUBJECT:Street Abandonnent - Consideration of abandonnent of streetright-of-way and sellj-ng city property at the east corner of
Chorro and Walnut streets.
CAO RECOMMENDATION
Adopt resolution approving an agreenent to sel-l the excess property to the adjacentproperty olvner for $8500 with conditions as noted in attached agreenent; and
Adopt resol-ution abandoning the excess right-of-way with reservation of sewer
easenent.
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BACKGFIOUND
Situation
Thre city acquired the subject right-of-way from the state as excess right-of-wayfollowing construction of U.S. Highway 101. In early 1982 ttre adjacenl properti/
owners, Mr. and Intrs. Robext Zazueta, reguested the city abandon the subject-right-of-way. or May 4, Lg82 the Council adopted a reiolution of intenlion to
abandon the right-of-way. Or June 1, L982, the Council conducted a public hearing
and agreed to abardon the right-of-way and sell the property to the Zazuetas, on thecondition that they pay for an appraisal and pay the appraiied price for theproperty. An appraisal was corducted at ttre Zazuetas Lipense, lna tne appraised
value as of June 19821 was determined to be $171600. In JuIy Lg82t ttre Zazuetas
requested that the city consider selling the property at less than the appraisedvalue based on an agreement that the excess right-of-way added to the site would notbe used to allow additional density, in effect reducing future develo6xnentpotentiat, therelcy reducing the value of the property. Staff discussed this conceptwith ttre Zazuetas and agreed to reccnunend to thgcouncil a sale price of $g500rbased on an agreement reducing the future development potential. llhe Zazuetas didnot follow through with their proposal and have given l"tr. Barry Williams an optionto purchase their property. on Septenbex 7 t L984, Mr. Williams formally requestedthe excess right-of-way be sold for 98500, that ttre right-of-way be aba-ndon& anO
combined with the adjacent property ard that future development potential be
reduced.
Data Sumary
Address: East corner of Chorro and Walnut Streets (670 Chorro Street)
Adjacent Zoning: R-4
Adjacent Generar Plan Land use Erement: High-density residentiarApplicant and Adjacent Property Owner: l,lr. & Mrs. Robext Zazueta (l'tr. BarryWilliams - option to purchase)
B:virorrnental Status: Categorically exenrpt
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Site Description
llhe subject right-of-way is at the east corner of Chorro and Walnut Streets. tt is
an irregularly shaped area of approximately 3141 square feet. The area is presently
used as Rustic Gardens, a plant nurseryf which is a legal non-conforming use. il'he
subject right-of-way is not being used for street purposes, however, there is an
existing sewer line running diagonally across tLre middle of the right-of-way frorn
Walnut to Chorro Streets. An easernent would have to be reserved for this p:blic
sewer if the right-of-way is abandoned and sold.
EV?\LUATION
It is the applicantrs intent to redevelop the property with a conformingnn:ltiple-famity residential development, most likely in air-s5nce condominium. A11
frontage improvenents are existing and are located in the proper place to provide a
continuous uniform street section on both Chorro ard Walnut Streets. llheCirculation E[qnent of the general plan does not reconmend any street widening or
intersection modifications in ttris vicinity.
The appraised value of the area requested to be abardoned ($171600) was based on
square footage costs of comtrnrable sales of highdensity residential proSnrties.fhis amount of land area (314f square feet) would allow about two two-bedrocm
residential units. lthe adjacent propertyf without the subject right-of-way area
would allow about eight two-bedrocm units. Ttre applicant is willing to agree to amultiple-family residential density not to exceed eight two-bedroom units.
ALTERMTIVES
Mopt resolutions (f) approving an agreement to sell the excess right-of-way to
adjacent property owner for $8500 with condition that allowed density shall not
exceed eight two-bedroom units i Ql atrproving abandonment of the excess
right-of-way with reservation of sewer eassnent. TLris is ttre applicantrs
preference ard the staffrs recqftnended action.
2.Mopt resolutions (1) approving an agresnent to sell ttre excess right-of-way to
adjacent property owner for the appraised lard value of $171600 or any other
amount deemed appropriate; (2) approving abardorment of the excess right-of-way
with reservation of sewer easement. If the amount is greater than $8500 the
applicant has indicated he is not interested in securing tkre excessright-of-way. If the excess right-of-way is not purchased by the adjacent
property owner, it should not be abarrdoned.
3 Oontinue consideration of right-of-way abardonment ard sale of city property,
to allow for additional negotiations, information or a revised offer topurchase. llhe street abandorrnent under current application would expire onApril 2, f985; based or Council Resolution t\b. 5478 (f984 Series) , which
establishes expiration dates for all adopted resolutions of intention to
abandon right-of-way.
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PREVIOUS REVIEI!^I
On May 4, L982, the City Council adopted a resolution of intention to abardon the
subject right-of-way. On June t, 19gZ a prblic hearirg was corducted with the
council action being to sutrport abandonment ard sell to the adjacent owner ard to
continue final abandonment with staff to have the property appraised at the
applicantrs extrnnse. Final abandorunent action was continued twice in late 1982
because the property owner and city staff could not reach agreernent on the sale
price of the property.
O{THER DEPARIMENT REVIEW
No department has opposed the abandorunent ard sale.
At the time the council adopted the resolution of intention to abardon, the Public
Works Department reconmended the right-of-way not be abandoned in case it was neededfor street widening or intersection modifications in the future. Itre City Attorney
has reviewed the proposed sale ard with Ure restrictions noted in the agreement has
determined ttre sale would not constitute a gift of prblic funds.
FISCAL IMPACT
llhe city would receive $8500 for thre excess property and tkre abardoned right-of-way
would revert to the property tax roll.
RECOMMENDATION
Staff reconrnends ttre council adopt resolutions approving an agreement to seIl the
excess property to the djacent property owner for $8500 and abardonirg the excess
right-of-way with reservation of sewer easernent.
Attadments:Vicinity Map
Draft Resolution atrproving agreement
Draft Agreernent
Draft Resolution Abardoning Right-of-way
Adopted Resolution of Intention
Letter frqn Barry L. Williams, 9-7-84
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YJ DEVELOPMENT
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I.DER'ITFIIS .LE'TTER A FORMAL
TlilE CORNER OF WALNUT
oFFER gF $ 8r 500 .00 (
UPON THE CITY'S ACCE
ROW.ACCOUNT WITH THE CLOSI,NG OF ESCROW TO BE NEGOTIA TED
T.I.ES. WE ARE CURRENTLY WORKING O N PLANS FOR THE
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DEVELOPMENT OF Tl-tE PROPERTY ADJACENT TO THE CITY OWNED
EXPEDIENT ACTION WOULD BE APPRECIATED.
PARCEL. YOIJR
S INCERELY,
6 ry /" tt/tll.;
BARRY L. WILLLIAMS
...:E\
(805) 541-0997
1ll0 California Boulevaid, Suite E
San Luis Obispo; California 93i0t
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