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HomeMy WebLinkAboutOrdinance 5606 ORDINANCE NO. 56 106 AN ORDINANCE PROVIDING THAT THE SOUTH FOUR HUNDRED FEET OF THE NORTH-SOUTH ALLEY IN BLOCK 59, M. G. ELLIS ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, BE ABANDONED, VACATED AND CLOSEDi PROVIDING FOR THE REVERSION OF THE INTEREST OF THE CITY OF FORT WORTH IN SAID LANDi REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXASs SECTION 1. That the south four hundred (400) feet of the north- south alley in Block. 59, M. G. Ellis Addition to the City of Fort Worth, Tarrant County, Texas, be and the same is hereby va- cated, closed and permanently abandoned as an alley or public thoroughfare of any kind or character whatever. SECTION 2. That the interest of the City of Fort Worth in the fee to the land in said portion of the alley is hereby released and shall revert to the adjacent owner of the fee as provided by law. SECTION 3. That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. That this ordinance shall take effect and be in full force and effect from and after the date of its passage. APPROVED AS TO FORM AND ®LZQAL s City Attorney , r saowtALEf City of Fort Worth, Texas MCMAM" Mayor and Council Communication MORPHIS ��O�1EY DATE REFERENCE SUBJECT: Requested Closing - North-South PAGE NUMBER Alley, In the M. G. Ellis 1 of 6 V�, .iTo,XE. Addition 0A Mr. J. V. Hampton, owner of all abutting property, has requested vacation f.0 of the south 300 feet of the north-south alley in block 59 of the M. G. Ellis Addition, as shown on the attached map. Closing of the alley will permit construction of a motel on the adjoining property. Reyiew by Utilities and DeR artments .' .'R' Private utility companies and City departments have reviewed the request and do not object to the proposed vacation. The Public Works Department, however, has requested that the north 70 feet of the south 300 feet of the alley be re- tained as a surface drainage easement, and further requests that a 20-foot wide surface drainage easement be continued in a southwesterly direction across lots 28 and 29, block 59, M. G. Ellis Addition, as shown in blue on the attached map. It is also requested that an east-west alley be dedicated across lot 24, to permit egress and ingress to the alley, as shown in red on the attoLched map. Electric and sewer lines now exist in the alley, but the owner has made arrangements to relocate the utilities at his full expense as provided by standard policies for vacating right-of-way. Aeviesw by Plan Commission The City Plan Commission has reviewed the request and recommends adoption of an ordinance that has been prepared vacating the alley, subject to retaining the required surface drainage easement, dedicating an east-west alley across lot 24, and replatting the subject property. A replat has been submitted by the owner including the dedication of the east-west alley as requested, but the surface drainage easement requested by the Public Works Department is not shown on the plat. The Plan Commission recommendation in favor of the alley closing is contingent upon action by the owner to file a plat including the surface drainage easement across lots 28 and 29. Histoll of Development The following is the sequence of events connected with the proposed motel development. Date Action By Action Taken 718163 W. J. B. Baker Fetter to J. V. Hampton confirming per- sonal contact during the prior week and enclosing instructions to Mr. Hampton on procedures necessary to accomplish the closing of publi -way. L71ul"ICIA1 FC®RBUtEX. DATE REFERENCE SUBJECT: Requested Closing - North-South PAGE 7/11/66 NUMBER Alley, In the M. G. Ellis 2 6 PZ-198 Addition °} 11/13/64 J. V. Hampton Request filed to vacate south po{tion of -alley in Block 59, M. G. Ellis Addition. Alley located at south end of block bounded by Houston, 28th Street and Ellis 12/3/64 J. V. -Hampton by Application for building permit denied because K. Alexander, of variances from zoning ordinance regarding Architect set-bakcs and off-street parking; appeal filed to Board of Zoning Adjustment. 12/10/64 C. M. Thelin Meeting with J. V. Hampton and K. Alexander regarding drainage and alley opening. It was agreed at meeting that Public Works Department would not object to alley closing south of lot 7 provided: 1) Owner submits letter agreeing that parking area south of Lot 7 to a connection with driveway extending to Houston Street be im- proved to handle surface drainage entering property. 2) East-west alley be constructed across either Lot 9 to a connection with Ellis or across Lot 24 to a connection with Houston Street. 12/10/64 J. V. Hampton Letter to C. M. Thelin confirming meeting and stating that surface drainage would be pro- vided to drain Block 59 "as well as it is now being drained". The drainage was to be pro- vided "through the drives in the project over Lot 24 Block 59, or other lot agreeable to the Public Works Department and other City depart- ments". 12/10/64 Plan Commission Reviewed proposed alley closing and approved closing subject to replat dedicating alley out- let and easements for existing or needed facili- ties. 12/17/04 Board of: Adjust- Held hearing on special exceptions to permit ment motel, variances from front, side and rear yard set-backs, and off-street parking requirements. Decision postponed to permit applicant to file amended application and plat to satisfy off- street parking requirements and stipulations of the Plan Commission on 12/10/64 (Applicant ad- vised in writing ofFSPA 12/18/64). y NAM _ g 1 "15/64 R. D. Hayes Revised subdivisionn for Surveyor alley outlet to Hou asements, at the rear of Lotst1�"dl ng Lot 6. TH DATE REFERENCE SUBJECT: Requested Closing - North-South PAGE NUMBER Alley, in the M. of G. Ellis 3 6 Addition No easements were provided for surface drain- age or existing utilities in the, portion of the alley to be closed. 1/28/65 Board of Adjust- Amended appeal reviewed and approved subject ment to action: 1) Closing alley 2) Dedicating new alley to Ellis 3) Using Lot 24 facing Houston for needed off- street parking 4) Filing new plat for record (applicant ad- vised by letter on 1/29/65 that Board ap- proval expires on 7/28/65). 2/4/65 Marshall Amis, Jr. Memorandum to Planning Department repeating Public Works Public Works request for alley either to Elli Chief Engineer or Houston by dedication, and need to reserve a 20 foot surface drainage easement to carry storm waters from upper portions of the block across motel site on improved driveway leading toward Houston Street. 2/8/65 Plan Department Applicant advised by letter of review by City departments and action necessary to obtain official Plan Commission seal including: 1) City Council action abandoning alley sout of Lot 9 in Block 59. 2) Dedication of east-west alley outlet to OFFICIAL RECORD Houston Street across Lot 24 CITY SECRETARY 3) Dedication of surface drainage easement from end of alley across Lots 28 and 29 FT. WORTH, TEX. to Houston Street. 4) Dedication of full width of alley south of Lot 9 for existing utilities. Allev outlet Required The apparent contradiction of Plan Commission and Board of Adjustment require- ments was caused by variations in the materials submitted to the citizen boards for approval. A sketch of the motel layout by the applicant's architect was provided to the Board of Adjustment, a copy of which is attached, which shows an alley outlet to Ellis Street. A plat by the applicant's surveyor was pro- vided to the Plan Commission, a copy of which is attached, which shows an alley outlet to Houston Street. Subsequent discussions with staff representatives resolved plans to include an alley outlet to Houston as preferred by the appli- cant. The outlet would also be widened to provide parking on both sides in or- der to satisfy the parking requirements of the Board of Adjustment. The final list of requirements provided in writing to Mr. Hampton on February 8, 1965 included both the alley egress and parking requirements of the Board of Adjust- ment. DATE REFERENCESUBJECT: Requested Closing - North-South PAGE NUMBER 7/11/66 PZ-198 Alley, in the M. G. Ellis 4 6 of Addition Utility Easement Problems Following receipt of the letter {February 8, 1965), Mr. Hampton contacted the City Manager's Office to inquire if the 20 foot wide utility easement requirement could be removed from the closed alley. In response to this request the Water Department computed the estimated cost of relocating the sanitary sewer line and this information was provided to Mr. Hampton. Upon receipt of the information, Mr. Hampton indicated that financing difficul- ties would be encountered if a utility were under a building (restaurant to be built over existing alley and sewer line) or if an easement were retained. At last contact with the City Manager's Office in the spring of 1965, Mr. Hampton stated he would explore the cost feasibility of relocating the sewer or possible redesign of motel to avoid building over the sanitary sewer. Contact in 1966 The next contact with Mr. Hampton regarding the motel development was with the Planning Department on June 29, 1966 when a new plat was submitted for review by City departments and the Plan Commission. Preliminary approval of the first plat expired on August 8, 1965, six months after requirements for revisions were provided the applicant in writing. The six month rule is established by "Rules for Land Subdivision" adopted by the City Council on January 28, 1948, and revised in March of 1957. The Board of Adjustment conditional approval expired on July 28, 1965. Arrangements for relocation of the sanitary sewer from the alley to an ease- ment in Lot 6 to Ellis Avenue were made by Mr. Hampton in a letter to the Water Department dated Saturday, July 2, 1966. As a result of Mr. Hampton's action last week, it was possible to eliminate the need for a utilit ment in the portion of the alley to be closed. OcF1 r1111 RECORD Issues Unresolved CU SECRETARY During and after his appearance before the City Council on July ,� Ir t ,. requested the following: 1) That the requirement for a surface drainage easement from the alley and across Lots 28 and 29 to Houston Street be eliminated. He agrees to pro- vide an improved surface for the flow of storm waters, but he fears that dedication of the easement across the property may affect future financing or salability of the property. It is intended that the surface drainage easement be within a driveway located south of the motel building. 2) That the six-month rules of the Plan Commission and Board of Adjustment be waived by the City Council to prevent any further delay in the con- struction of the motel. Drainage Review The Public Works Department still recommends reserving an easement for the flow of surface drainage. Existing topography will create a rapid flow of surface water which must be protected from encroachment. Blockage of the natural drain could cause damage to the motel property or other property in the same block under separate ownership. It has been suggested that ex- ternal drainage could be diverted over the new alley to be dedicated over DATE REFERENCE SUBJECT: Requested Closing - North-South PAGE NUMBER 7/11/66 PZ-198 Alley, in the M. G. Ellis 5 of 6 Addition Lot 24. Review of topographical maps by the Public Works Department shows that the new alley is level and would require diverting the surface flow at an agle of approximately 110 degrees. It appears that the water must flow southwestward and an easement should be granted to assure the name drainage as previously existed on the site. New plans submitted by the applicant's architect of the motel were provided to the Water Department on July 6, 1966. The new plan shows some variation from the original plans reviewed and tentatively approved by the Board of Adjustment,in January of 1965, The number of units has increased from 84 to 93, the arrangement of parking is altered, and some buildings appear to be located in the easement requested for surface drainage. The new plans also block the alley as a dead end at the motel south of the new alley egress and ingress to Houston Street. Board and Commission Procedures It is the policy of the Board •of Adjustment and the Plan Commission to review plans and plats if unexecuted within six months in the light of updated con- ditions and changes which may have occurred since the original approval. The administrative staff is unable and unauthorized to depart from rules estab- lished by the Board, Commission, and City Council. As a quasi-judicial body, the actions of the Board of Adjustment are reviewable only by the district courts. The staff is now processing the applicant's updated plat for consideration by the Plan Commission on July 27 and by the Board of Adjustment on August 3, in accordance with procedures established by those bodies. Summary Review of the sequence of events relating to the motel development indicates that prompt attention to the Plan Commission and Board of Adjustment requests could have made it possible for a building permit to have been issued by March 5, 1965, less than 100 days following the initial filing of a request for an alley closing. However, the owner objected to or had questions about utility relocations, drainage easement dedication, and future effects of platting requirements, and there was a 15 month delay during-which the ap- plicant made no contact with the City, and during which time the preliminary approvals of the Plan Commission and Board of Adjustment expired. rour CITE stmOv Ej. DATE REFERENCE SUBJECT: Requested Closing - North-South PAGE NUMBER 7/11/66 PZ-198 Alley, in the M. G. Ellis 6 0� 6 Addition _ _It appears that action closing the alley south of Lot 6 could be taken at this time and this is recommended, subject to the dedication of the requested alley and surface drainage easement. City Council action on the proposed closing is requested. :lp ttach. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TEL.- SUBMITTED BY: DISPOSITBY COUNCIL: PRO SS D IO5APPRO ED [IOTHER (DESC CI SECR ATE CITY MANAGER