Item 4ESOUTHLAKE
PLANNING &DEVELOPMENT
SERVICES
STAFF REPORT
September 27, 2022
PROJECT: Sidewalk Variance Request for 174 Jellico Circle
EXECUTIVE
SUMMARY: Garrin and Ana Rose are requesting approval of a variance to the Section 5.06
of the Subdivision Ordinance No. 483, as amended, requiring a minimum 5-foot-
wide residential sidewalk along the street frontage of Lot 21, J. G. Allen No. 18
Addition, and located at 174 Jellico Circle, Southlake, Tarrant County, Texas.
Current Zoning: "SF-1A" Single Family Residential District. SPIN Neighborhood
#11
DETAILS: The property is located on the west side of Jellico Circle approximately 228 feet
north of the intersection with W. Southlake Blvd.
The purpose of this item is to request a variance from the 5' sidewalk requirement
along the street frontage due to the rural barrow ditch road frontage, impact on
trees, does not match character of the neighborhood and no other sidewalks in
the neighborhood. Modifications or variations to the requirements in the
Subdivision Ordinance require approval of the City Council. Please see the
narrative attached separately for additional information on the request.
ACTION NEEDED: Consider approval of a Sidewalk Variance
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
Presentation
Narrative
STAFF CONTACT: Ken Baker (817) 748-8607
Patty Moos (817) 748-8072
BACKGROUND INFORMATION
OWNER/
APPLICANT: Garrin and Ana Rose
PROPERTY SITUATION: 174 Jellico Circle
LEGAL DESCRIPTION: Lot 21, J. G Allen No. 18 Addition
LAND USE CATEGORY: Low Density Residential
CURRENT ZONING: "SF-1X Single Family Residential District
HISTORY: The property was rezoned from Agricultural to A-2 Single family
Residential under ZA73-1.
The "SF-1K Single Family Residential District zoning designation was
approved with the adoption of the Zoning Ordinance No. 480 and the
official zoning map on September 19, 1989.
A plat showing for Lots 19 - 21, J. G. Allen No. 18 Addition was filed on
January 21, 2015 under D215013311. A 5-foot sidewalk was required as
a condition of the plat approval. (ZA14-150)
SOUTHLAKE 2035: Consolidated Future Land Use
The Southlake 2035 Future Land Use Plan designates this property as
Low Density Residential.
Purpose and Definition: The purpose of the Low Density Residential
land use category is to provide for and to protect low intensity detached
single-family residential development that promotes the openness and
rural character of Southlake. Definition (this definition was updated by
passage of Ordinance No. 1186 on February 20, 2018): The Low Density
Residential category is for detached single-family residential
development at a net density of one or fewer dwelling units per acre. Net
density is the number of dwelling units per net acre, which excludes
acreage in all rights -of -way, easement, and lots designated for public or
private streets. Other suitable activities are those permitted in the Public
Parks / Open Space and Public / Semi -Public categories. The Low
Density Residential category encourages the openness and rural
character of the City of Southlake.
Mobility and Master Thorou_phfare Plan
The Master Thoroughfare plans indicates Jellico Circle as a local
residential street
Pathways / Sidewalk Plan
The City's Zoning Ordinance No. 480, as amended, Section 33.19
requires sidewalks at a minimum of 5-foot in width for all new residential
construction. A variance to this requirement is requested to allow no
sidewalk.
Attachment A
Page 1
TRANSPORTATION
ASSESSMENT:
UTILITIES:
STAFF COMMENTS:
Area Road Network and Conditions
Jellico Circle is currently a two-lane road with a 50-foot right-of-way.
Water
There is an existing 6-inch water line along the west side of Jellico Circle
Sewer
There is an existing 8-inch sanitary sewer line along the rear property line
of the subject property.
Subdivision Ord. No.483. as amended Section 5.06
Section 5.06 Sidewalks: (As amended by Ord. No. 483-K, Ord. No. 483-Q)
A. General Provisions: The purpose of this section is to provide for the orderly, safe and healthful
construction of sidewalks within the City and to promote the health, safety and general welfare
of the community. In order to carry out these purposes, it is hereby declared to be the policy of
the City to guide and regulate sidewalk construction within the City.
B. Requirements:
General Requirements. Any new development in the city shall provide for the location
and construction of sidewalks as provided in this section. This shall include the
dedication of necessary right-of-way or public access easement and the construction of
sidewalks according to the specifications provided herein.
2. Residential Requirements:
a. Applicability: Sidewalks shall be required on both sides of all public and private
streets in all residential subdivisions platted or replatted after the effective date
of this ordinance. A proposed Pedestrian Access Plan must be included as an
element of any Concept Plan application, or in the case where no Concept Plan
is required, with the Preliminary Plat application and shall be processed
concurrently with these applications. The Pedestrian Access Plan shall
demonstrate a method for the safe and effective movement of pedestrians both
within the subdivision and to and from Trail System connections, where
applicable.
b. Southlake Pathways Plan: Regardless of average lot size, the developer or
builder of a residential subdivision platted or replatted after the effective date of
this ordinance shall install sidewalks and/or trails in accordance with the
Southlake Pathways Plan, as amended.
C. Time of Construction:
i. Owners/homebuilders: Each owner/home builder within a residential
subdivision platted after the effective date of this ordinance shall construct
sidewalks at the time of construction of the house. In those
circumstances where a sidewalk would impact the construction of
driveways and access walks, the sidewalks shall be constructed before
the City's final building inspection. A certificate of occupancy will not be
issued until required sidewalks are in place.
Attachment A
Page 2
C. Sidewalk Specifications:
Sidewalk Size and Locations: All sidewalks shall be at least five feet wide or in
conformance with the Trail System Master Plan, whichever is greater, and shall be
located between the curb or grade line of the public street and the ROW line or public
access easement if approved by the city, no closer than two (2) feet to the curb or grade
line. The City Engineer or Building Official may alter alignment so that the sidewalk
meanders within the area between the curb and right-of-way line. (As amended by Ord.
No. 483-Q)
2.Construction Specifications:
a. Concrete Requirements: Concrete for sidewalks shall have a minimum
compressive strength of three thousand (3,000) psi at twenty-eight (28)
days. The quantity of mixing water shall not exceed six and one-half (6'/2) U.S.
gallons per sack (ninety-four (94) lbs.) of Portland cement. The slump of the
concrete shall not exceed four (4) inches. A minimum content of five (5) sacks
of cement per cubic yard of concrete is required. Sidewalks shall be at least four
(4) inches thick.
b. Reinforcement: Sidewalks shall be reinforced with 3/8 inch No. 3 bars set on 24-
inch centers.
C. Expansion and Control Joints: One -half -inch premolded bituminous expansion
joints with No. 4 (%-inch nominal diameter) smooth dowels shall be spaced at
twenty -foot intervals. Where new work abuts driveways, pavement, curbs or any
other work, expansion joints shall be filled with premolded bituminous expansion
joint filler or redwood at least one -inch nominal thickness and shall extend six (6)
inches deep and the entire width of the concrete sections. Bars used in this joint
shall be sleeved to allow for the movement of concrete on the bars. The bars
shall be smooth three -eighth (3/8) inch No. 3 bars minimum. No deformed bars
shall be allowed. Sidewalk control joints shall be grooved three -eights (3/8) inch
deep on four -foot centers.
d. Sidewalk Finish: The surface of the sidewalk shall have a monolithic broom
finish. In no case shall the surface be left slick or with a glossy finish. The edges
of the sidewalk control joints and expansion joints shall be tooled to a smooth
finish not less than two (2) inches in width. Exposed edges of the sidewalk shall
be rounded with an edger to a radius of one-half ('/2) inch.
e. Fire Hydrant Locations: Where a sidewalk is to be constructed and a fire hydrant
would be within the forms, the forms shall curve around the fire hydrant such that
the walk misses the fire hydrant by a minimum distance of one (1) foot. A
transition of 10 feet is required in and out of curved areas.
f. Service and Meter Boxes: Where a sidewalk is to be built and a water meter box
would be within the forms, a precast, concrete box shall replace the plastic
box. This box shall have a hinged metal lid and be set at an elevation that will
be equal to the finish grade of the sidewalk. If the builder so chooses, the builder
may move the water meter box outside the forms at the builders expense.
g. Drainage: All sidewalks shall be built at an elevation that will not impede or be
otherwise detrimental to proper lot drainage, with natural grade preferred.
3. Wheel -Chair Access Ramps
a. Location: A wheel -chair access ramp must be constructed at any point a
proposed sidewalk intersects a city street with the exception of walks leading
Attachment A
Page 3
from the street to the door of a residence. Access ramps must be constructed
with a maximum 1" wide expansion material between the street and ramp flush
with the finish grade.
b. Grade: Care shall be taken to ensure a uniform grade meeting ADA requirements
on the ramp, free of sags and short grades. Access ramps shall be built to grades
no greater than 1 ft. of fall per 12 feet in length.
C. Surface Finish: Surface texture of the ramp shall be obtained by coarse
brooming, perpendicular to the slope of the ramp.
d. Curb and Gutter: The normal gutter line shall be maintained through the area of
the ramp. Curb cuts for ramps shall be located as shown on street plans or as
approved by the City Engineer.
D. Maintenance:
Responsibility for Maintenance:
a. It shall be the duty and obligation of all owners and occupants of real property
abutting upon sidewalks in the city, at their own cost and expense, to maintain
and keep the sidewalks bordering their property level and free of depressions,
excavations, elevations, inconsistencies, obstacles, obstructions or
encroachments, natural or artificial, above or below ground level, or which
overlap, impinge upon, or appropriate any part of the sidewalk area or the space
eight (8) feet above it.
b. Any damage done to a sidewalk by the City or a City hired contractor shall be
repaired by the City or contractor.
C. Any damage done to a sidewalk by a franchised utility shall be repaired by the
franchised utility.
2. Provisions for Adequate Maintenance:
a. Inspection and Notification: When the city determines that any section of sidewalk
requires repairs or maintenance, a letter describing the necessary repairs will be
sent to the adjacent property owner. The letter shall be given:
i. Personally to the owner in writing; or
ii. By regular or certified mail to the owner's post office address; or
iii. If the letter cannot be delivered by personal service or by regular or
certified mail, by publication in the official newspaper at least twice within
ten (10) consecutive days.
b. Time of Response: The property owner shall have 30 days from receipt of
the letter described in Subsection D.2.a above to make the necessary repairs. If
weather conditions or other extenuating circumstances dictate, this 30 day period
may be extended by the Director of Public Works, provided that the property
owner has contacted the Public Works Department with a plan for repairs prior
to the expiration of the 30 days .
C. Failure to Repair:
i. City Action: Any repairs that are not performed by the property owner, and
which are determined to be hazardous to pedestrians or other users of
the sidewalk, may be performed by the city or a city hired contractor. After
completion of repairs, the city shall send the adjacent property owner a
notice which shall include:
(a) identification of the property;
Attachment A
Page 4
0
e
(b) a description of the violation;
(c) a statement that the city made the necessary repairs;
(d) a statement of the city's charges and expenses in making the repairs;
(e) an explanation of the property owner's right to request a hearing within
10 (ten) days from receipt of the notice; and
(f) a statement that if the owner fails or refuses to pay the expenses within
thirty (30) days from receipt of the notice, the mayor or his designee shall
obtain a lien against the property by filing with the county clerk a notice of
lien and statement of expenses incurred.
Notice to Property Owner: The notice shall be given in the manner as provided
in Subsection a above.
Request for Hearing: The property owner may, within ten (10) days from receipt
of the notice in Subsection c above, file a written request for a hearing before the
city council in order to contest the amount or validity of such costs. Upon receipt
of a timely request, a hearing will be scheduled before the city council. At the
hearing, the city council shall determine whether the charges are reasonable and
were properly assessed.
i. Filing of Lien: If no hearing is requested, or if a hearing is held and the
charges are determined to be valid, and the property owner fails or
refuses to pay such charges within thirty (30) days from receipt of the
notice to pay, the city council may assess the costs incurred against the
adjacent property, whereupon the mayor shall file a notice of lien and
statement with the county clerk of the costs incurred for the repair of the
sidewalk and the city shall have a privileged lien on the property second
only to tax liens and liens for street improvements. The notice of lien shall
state the name of the owner if known, and the legal description of the
property. Said privileged lien shall bear interest at the rate of ten percent
(10%) per annum from the date the work was performed or payment
therefor was made by the city.
ii. Cost Recovery: For any such costs and interest as aforesaid suit may be
instituted and foreclosure had in the name of the city. Any statement so
filed or a certified copy thereof, shall be prima facia proof of the amounts
expended for any such work and repairs.
Attachment A
Page 5
Vicinity Map
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Attachment B
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