Item 9C - Staff ReportS0UTHLA1<,E
PL-ANNING &DEVELOPMENT
SERVICES
STAFF REPORT
November 28, 2023
PROJECT: Sidewalk Variance Request for 1049 Shady Oaks Drive
EXECUTIVE
SUMMARY: Ayaz Syed is requesting approval of a sidewalk variance for 1049 Shady Oaks
Drive, on property described as Tract 8A3, Thomas M. Hood Survey Abstract No.
706, City of Southlake, Tarrant County, Texas, located at 1049 Shady Oaks
Drive, Southlake, Texas. Current Zoning: "SF-1A" Single Family Residential
District. SPIN Neighborhood #7.
DETAILS: The applicant seeks a variance from the 5-foot sidewalk requirement along the
street frontage. This variance request is based on the absence of sidewalks, as
well as the presence of bar ditches. Approval from the City Council is required for
modifications or variations to the Subdivision Ordinance.
The zoning for this site was approved with case ZA21-0089, and as a condition
of this approval, the applicant was required to construct a minimum of a 5-foot
sidewalk or the option to install the 8-foot Multi -use Trail with city reimbursement
for the 3-foot difference. Additionally, the property owner has the option to escrow
the funds for the cost of a 5-foot sidewalk and the City will construct the 8-foot
Multi -use Trail with the future improvements to Shady Oaks Drive. An 8-foot
Multi -use Trail was reflected on the approved Concept Plan.
The Pathways Master Plan proposes a Multi -Use Trail of 8' or greater along
this property frontage. Nearby properties at 1029 and 1100 Shady Oaks
Drive provided funding into the sidewalk escrow in lieu of constructing the
required sidewalk. There are adjacent unplatted lots along Shady Oaks
which future platting and development would require a sidewalk.
ACTION NEEDED: Consider approval of a Sidewalk Variance
ATTACHMENTS: (A) Background Information
Variance Request
Presentation
STAFF CONTACT: Katasha Smithers (817) 748-8281
Dennis Killough (817) 748-8072
Case No.
ZA23-0069
BACKGROUND INFORMATION
OWNER: X & N Ventures, Inc.
APPLICANT: Ayaz Syed
PROPERTY SITUATION: 1049 Shady Oaks Drive
LEGAL DESCRIPTION: Tract 8A3, Thomas M. Hood Survey Abstract No. 706
LAND USE CATEGORY: Low Density Residential
CURRENT ZONING: "SF-1X Single Family Residential District
HISTORY: The "AG" Agricultural District zoning designation was approved with the
adoption of the Zoning Ordinance No. 480 and the official zoning map on
September 19, 1989.
The existing house was demolished in April 2020.
The City Council approved a zoning change request from "AG"
Agricultural Zoning District to "SF-1A" Single -Family Residential Zoning
on December 7, 2021. (ZA21-0089)
An application for a new single-family residential building permit was
submitted on October 10, 2023, however, the property must be platted
before the building permit can be issued.
SOUTHLAKE
COMPREHENSIVE PLAN: Consolidated Future Land Use
The future land use designation for the site is "Low Density Residential".
The purpose of the Low Density Residential
land use category is to provide for and
to protect low intensity detached single-
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family residential development that
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promotes the openness and rural character
of Southlake. Definition: 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
a
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 & Master Thoroughfare Plan
Case No.
ZA23-0069
TRANSPORTATION
ASSESSMENT:
UTILITIES:
The Mobility and Master Thoroughfare Plan shows Shady Oaks Drive as
a two-lane undivided collector with a 60-foot right-of-way.
Pathways Master Plan & 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. The Pathways Master Plan designates this portion of
frontage as a Tier Three priority segment with a proposed 8' or greater
Multi -Use Trail.
Area Road Network and Conditions
Shady Oaks Drive currently is a two-lane road with a 30-foot right-of-way.
Water
There is an existing 12-inch water line along Shady Oaks Drive.
Sewer
There is an existing 4-inch sanitary sewer line along Shady Oaks Drive.
Case No.
ZA23-0069
STAFF COMMENTS:
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.
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)
Case No.
ZA23-0069
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 ('/2-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 (%) 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
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.
Case No.
ZA23-0069
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;
(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.
d. Notice to Property Owner: The notice shall be given in the manner as provided
in Subsection a above.
Case No.
ZA23-0069
e. 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.
Case No.
ZA23-0069
Vicinity Map
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Case No.
ZA23-0069