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Item 4G - Staff ReportS0UTHLA1<,E PLANNING &DEVELOPMENT SERVICES STAFF REPORT May 28, 2024 PROJECT: Sidewalk Variance Request for 1063 S Westpark Cir & 1052 N Westpark Cir EXECUTIVE SUMMARY: Dave Patel is requesting approval of sidewalk variances for 1063 S. Westpark Cir. and 1052 N. Westpark Cir., on properties described as Tract 27, I.G. Belcher No. 30 Addition, City of Southlake, Denton County, Texas, located at 1063 S. Westpark Circle, Southlake, Texas, and Tract 7, I.G. Belcher No. 30 Addition, City of Southlake, Denton County, Texas, located at 1052 N. Westpark Circle, Southlake, Texas Current Zoning: "MH" Manufactured Housing District. SPIN Neighborhood #1. DETAILS: The properties are situated near the northeast corner of N. Westpark Circle and S. Westpark Circle, approximately 325 feet east of the intersection of T.W. King Rd and N. Westpark Circle. The request is also for property addressed as 1054 N. Westpark Circle, however, this property is to be platted as part of one lot with 1052 N. Westpark Circle and will be addressed as such at the time a permit is requested. The applicant seeks a variance from the 5-foot sidewalk requirement along the N. Westpark Circle frontage for two residential lots. The request is based on the rural barrow ditch road frontage, impact on trees, and lack of sidewalks in the neighborhood. Approval from the City Council is required for modifications or variations to the Subdivision Ordinance. ACTION NEEDED: Consider approval of a Sidewalk Variance ATTACHMENTS: (A) Background Information Variance Request Presentation STAFF CONTACT: Morgan Barclay (817) 748-8127 Dennis Killough (817) 748-8072 BACKGROUND INFORMATION OWNER: Blooming Investment Group, LLC APPLICANT: Dave Patel PROPERTY SITUATION: 1063 S Westpark Cir. and 1052 N Westpark Cir. LEGAL DESCRIPTION: Tracts 27 and 7, I.G. Belcher No. 30 Addition LAND USE CATEGORY: Low Density Residential CURRENT ZONING: "MH" Manufactured Housing District HISTORY: The property was annexed into the City in 1988. The "MH" Manufactured Housing District zoning designation was approved with the adoption of the Zoning Ordinance No. 480 and the official zoning map on September 19, 1989. SOUTHLAKE COMPREHENSIVE PLAN: Consolidated Future Land Use The Southlake Future Land Use Plan designates this property as Low Density Residential. Master Thoroughfare Plan Subdivision Ordinance No. 483-P, as amended, Section 5.02 notes that for Residential Streets, a R.O.W. width not less than 50' should be required. Pathways Master Plan & Sidewalk Plan The City's Subdivision Ordinance, No. 483, as amended, Section 5.06 requires sidewalks at a minimum of 5-foot in width for residential property construction. The Pathways Master Plan designates this portion of frontage as a proposed less than 8' sidewalk. TRANSPORTATION ASSESSMENT: Area Road Network and Conditions Westpark Circle is a local street with a minimum 50' right-of-way. UTILITIES: Water There is an existing 8-inch water line along Westpark Circle. Sewer Sanitary sewer services are not available in this area the two lots are served by on -site septic systems. Case No. Attachment A ZA24-0026 and ZA24-0027 Page 1 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. ZA24-0026 and ZA24-0027 Attachment A Page 2 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. ZA24-0026 and ZA24-0027 Attachment A Page 3 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. ZA24-0026 and ZA24-0027 Attachment A Page 4 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. ZA24-0026 and ZA24-0027 Attachment A Page 5 Vicinity Map 1063 S Westpark Cir and 1052 N Westpark Cir J � � _- - - c0 co — N W Ui U� .P cD 1095 110981086 1074 1062 0 - WESTF� �-I R- W 1040 109910851073 1061 1055 1033 C) o 1096 M 00 WE&TPARK -C, ems 1095 0 0 0- 00 y v cD 4695 N W L Sidewalk Variance 0 90 180 360 Feet Case No. Attachment C ZA24-0026 and ZA24-0027 Page 1