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Home My WebLink AboutResolution 4624-05-2016 A RESOLUTION NO. 4624-05-2016 AUTHORIZING THE CLOSURE OF A PORTION OF SOUTHGATE DRIVE WHEREAS, the adjacent property owner has requested that the City physically close, at the property owners' expense, the portion of Southgate Drive lying between Blocks 67 and 71 of South Hills Addition, an addition to the City of Fort Worth, in order to prevent commercial traffic from driving through the adjacent South Hills residential neighborhood, and WHEREAS, the City Plan Commission of the City of Fort Worth reviewed this request at its meeting on March 23, 2016 and recommended that the request be denied; and WHEREAS, the adjacent property owner timely filed an appeal of the denial of the request by the Plan Commission to the City Council; and WHEREAS, the City Council considered the appeal on May 3, 2016 and reversed the decision of denial by the Plan Commission and approved the closure of the aforementioned portion of Southgate Drive. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: That the following portion of Southgate Drive (80 foot wide), located between Blocks 67 and 71 of South Hills Addition, an Addition to the City of Fort Worth, Tarrant County Texas, according to the plat recorded in Volume 388-9, Page 551 of the Plat Records, Tarrant County, containing approximately 4,729 square feet or 0.1086 acres of land more or less, as shown on Exhibit "A" attached hereto and incorporated herein, be physically closed with barricades acceptable to the City's Transportation and Public Works Department, with the City of Fort Worth to retain title to the public right-of-way in said street right-of-way, retaining any and all easements for existing and prospective utilities, and retaining the right of access at all times for the purpose of maintaining existing and prospective utility facilities and for emergency access. The City reserves the right, at the sole discretion of the City Council, to reopen by resolution the aforesaid right-of-way to public travel at any time by directing the removal of any barricade or other means of closure, reconstruction of the roadway and the installation of appropriate railroad traffic control devices. wok ADOPTED this 3�d day a 2016 ��$� _ 00 a° Ma J. Ka Ci y Se etaryr� ? FORT WORTH VA,)(o-,-)0-`� EXHIBIT "A" RIGHT-OF-WAY CLOSURE (PORTION OF SOUTHGATE DRIVE ) BEING a tract of land located in the City of Fort Worth, Tarrant County, Texas, part of the John Jennings Survey, Abstract No. 851 , being a portion of Southgate Drive as dedicated by the plat of South Hills Addition, an addition to the City of Fort Worth, Tarrant County, Texas, as recorded in Volume 388-9, Page 551, Plat Records, Tarrant County, Texas and being more particularly described as follows: COMMENCING at a 1/2 inch iron rod found at the intersection of the northerly right-of-way line of Southgate Drive (an 80' public right-of-way) and the west right-of-way line of McCart Street (a variable width public right-of-way) , same being the southeast corner of Lot 4, Block 67-A said South Hills Addition; THENCE, along the northerly right-of-way line of Southgate Drive and the southerly line of said Lot 4, South 61 degrees 22 minutes 00 seconds West, a distance of 138.20 feet to a 5/8" iron rod with cap stamped "SCI" set for the POINT OF BEGINNING; THENCE, departing the southerly line of said Lot 4, over and across said Southgate Drive right-of-way, South 28 degrees 44 minutes 34 seconds East, a distance of 80.00 feet to a 5/8" iron rod with cap stamped "SCI" set in the southerly right-of-way line of Southgate Drive, being in the northerly line of Lot 1, Block 71 , South Hills Addition as recorded in Volume 388-12, Page 84, Plat Records, Tarrant County, Texas; THENCE, along the southerly right-of-way line of Southgate Drive and the northerly line of said Lot 1 , South 61 degrees 22 minutes 00 seconds West, a distance of 59.12 feet to a 5/8" iron rod with cap stamped "SCI" set; THENCE, departing the northerly line of said Lot 1 , over and across said Southgate Drive right-of-way; North 28 degrees 44 minutes 34 seconds West, a distance of 80.00 feet to a 5/8 inch iron rod with plastic cap stamped "SCI" set in the northerly right-of-way line of said Southgate Drive and the south line of Lot 11 , Block 67 of said South Hills Addition; THENCE, along the northerly right-of-way line of Southgate Drive, the southerly line of said Lot 11 , North 61 degrees 22 minutes 00 seconds East, passing at a distance of 43.81 feet a 5/8" iron rod found for the southeast corner of said Lot 11, continuing for a total distance of 59.12 feet to the POINT OF BEGINNING and containing 4,729 square feet or 0.1086 acres of land. OF TF William J. Jo so .......... Registered Profadsional Land Surveyor No. 5426 .... J. ..... N r 5426 S UR4 1TRINIT"A" STREET RIGHT-OF-WAY CLOSURE 903 N,Bowser Road PORTION OF SOUTHGATE DRIVE Suite240 (VOLUME 388.9,PAGE 551,P.R.T.C.T.) Richardson,Texas 75081 JOHN JENNINGS SURVEY,ABSTRACT NO.Gal C1 (972)424-7002 Voice CITY OF FONT WORTH,TARRANT COUNTY,TsxA5 (972)633-1702 Fax Date: 03 11/2016 Project No. 15149145 WWW.3urveyCon9u1tants1nr.Com SHEET i OF 2 O 30 so LEGEND 5/8" I.R.S. 5/8" IRON ROD SET WITH PLASTIC SCALE: T'=30' CL CENTERLINE BASIS OF BEARINGS (CM) CONTROLLING MONUMENT NORTHERLY R.O.W. LINE OF D.R.D.C.T. DEED RECORDS, TARRANT COUNTY, TEXAS SOUTHGATE DRIVE I.R.F. IRON ROD FOUND (N 61°22' E) P.R.T.C.T. PLAT RECORDS, TARRANT, COUNTY, TEXAS VOL. 388-91 PG. 551, PG. PAGE P.R.T.C.T. P.O.B. POINT OF BEGINNING R.O.W. RIGHT-OF-WAY VOL. VOLUME \ REMAINDER �i LOT 3 r \ ! LOT 4 P.O.C. I,R,F. LOT 12/� {� ` BLOCK 67—A < ) 60-0 \ SOUTH HILLS ADDITION \-V� (VOLUME 386-9. PAGE 551, P.R.T.C.T.) •4, r" rr LOT 11 BLOCK 87 r SOUTH HILLS ADDITION I p+O•er (VOLUME 388-9, PAGE 551, W � 1 V P.R.T.C.T.) �. G tie of Sol uh Aq� ,�4 G+' Vt1► -t 'ib 4 o i 00 +... 0 EI ca ...................VAWAM J. JOY NSON I I........... ti y 6 LOT 1 5426 ",' I t BLOCK 71 SOUTH HILLS ADDITION '•'+ (VOLUME 388-12, PAGE 04, P.R.T.C.T.) ! 1 Eximlellir RAll STREET RIGHT-OF-WAY CLOSURE _ 903 N.Bowser Road PORTION OF SOUTHGATE DRIVE _.l Smite 240 (VOLUME 800 ,PAGE 931 P.R,T-O.T.j r Richardson,Tcxw 75081 JOHN JENNINaB SURVEY,ATRACT N0.051 (972)424.7002 Voice CITY OF FORT WORTH,TARRANT COUNTY,TEXAO (972)633-1702 Fax Date. 03/11 2016 Project No. 15149145 M?dR=@Q9l h& www.SurveyCansultanrslnc.Com SHEET 2 OF 2 3 e3 zl lr 4 5-4 cg 'S 01 Z' gg '0 0 at°w 20 La zoo-'e 9 Pwi g 3nN3AV XdVO-W 050—-—-—-—-—-—-—- - --------- ------- W-6 a. lk g,p - ---------- W� -NA ---------- ------------- NI, V&14 PCI ol ' Vo Zia RM City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 5/3/2016 - Ordinance No. 22192-05-2016 & Resolution No.' 4624-05-2016 DATE: Tuesday, May 03, 2016 REFERENCE NO.: PZ-3110 LOG NAME: 060065030 VA-16-003 SOUTHGATE DR AND VA-16-004 LUBBOCK AVE SUBJECT: Consider an Appeal of the Denial by the City Plan Commission Regarding the Proposed Closure of Southgate Drive and the Proposed Vacation of Lubbock Avenue and, if the Denial is Reversed, Adopt an Ordinance Vacating a Portion of Lubbock Avenue to be Replatted with the Adjoining Property for a New Gas Station and Convenience Store and Adopt a Resolution Closing a Portion of Southgate Drive (COUNCIL DISTRICT 6) RECOMMENDATION: It is recommended that the City Council: 1. Consider an appeal of the denial by the City Plan Commission regarding the proposed closure of Southgate Drive and the proposed vacation of Lubbock Avenue and, if the denial by the City Plan Commission is reversed, adopt the attached ordinance vacating a portion of Lubbock Avenue which is to be replatted with the adjoining property for a new gas station and convenience store and adopt the attached resolution closing a portion of Southgate Drive to prevent commercial traffic from driving through the adjacent South Hills South residential neighborhood; and 2. Waive any and all purchase fee value of the vacated portion of Lubbock Avenue in accordance with City policy. DISCUSSION: Survey Consultants Inc., on behalf of QuikTrip, has requested the vacation of a portion of Lubbock Avenue, to be replatted with the adjoining property for a new gas station and convenience store and the physical closure of a portion of Southgate Drive to prevent commercial traffic from driving through the adjacent South Hills South residential neighborhood. The request by QuikTrip is in furtherance of a zoning change (ZC-15-085, Ordinance No. 21947-10-2015) approved by the City Council on October 13, 2015. The zoning change allowed the development of a gas station and convenience store on property adjacent to Lubbock Avenue and Southgate Drive. The site plan approved as part of the rezoning depicts the vacation of Lubbock Avenue and incorporation of the right of way into the property to facilitate the construction of the QuikTrip. Also discussed at the Council meeting was the closure of a portion of Southgate Drive to alleviate traffic in the surrounding neighborhood. The City Plan Commission recommended denial of these requests after a public hearing on March 23, 2016. QuikTrip timely filed an appeal of the decision of the City Plan Commission to the City Council in accordance with Section 31-63(d) of the Subdivision Ordinance. The City Council may affirm or reverse the decision of the City Plan Commission. If the decision of the City Plan Commission is reversed, the attached ordinance will vacate and release the City's right-of-way interest in the identified portion of Lubbock Avenue. The existing utility easement in the right-of-way will Logname: 060065030 VA-16-003 SOUTHGATE DR AND VA-16-004 LUBBOCK AVE Page 1 of 2 be retained by the City until such time all utilities located in the easement are relocated at the property owner's expense. An acceptable final plat (FS-15-263) has been received in accordance with the Subdivision Ordinance. The construction of barriers to physically close off the identified portion of Southgate Drive will be at QuikTrip's expense and subject to the approval of the Transportation and Public Works Department. The physical closure will not provide an impediment to pedestrian circulation along Southgate Drive. If the decision of the City Plan Commission is reversed, the attached resolution will close that portion of Southgate Drive. The resolution reserves the right, at the sole discretion of the City Council, to reopen by resolution the aforesaid right-of-way to public travel at any time by directing the removal of any barricade or other means of closure. The City of Fort Worth originally obtained the Lubbock Avenue right-of-way through the platting process. The City does not own any fee interest in the right-of-way or own any property adjacent to the right-of-way and did not expend any City funds to purchase the right-of-way easements. In accordance with the City's policy regarding street and alley vacation transactions approved by the City Council on March 6, 2007 (M&C G-15624), Staff recommends waiving the fair market value or any portion thereof of purchase price of the right-of-way easements for the affected portion of Lubbock Avenue. This project is located in COUNCIL DISTRICT 6, Mapsco 90T. This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION /CERTIFICATION: The Director of Finance certifies that approval of these recommendations will have no material effect on City funds. FUND IDENTIFIERS (FIDs): TO Fund Department Accoun Project Program ctivity Budget Reference # moun ID ID Year Chartfield 2 FROM Fund Department ccoun Project Program ctivity Budget Reference # moun ID ID Year Chartfield 2 CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Randle Harwood (6101) Additional Information Contact: Alexander Parks (2638) Logname: 060065030 VA-16-003 SOUTHGATE DR AND VA-16-004 LUBBOCK AVE Page 2 of 2