Item 9A - Staff ReportS0UTHLA1<,E
PLANNING &DEVELOPMENT
SERVICES
STAFF REPORT
May 28, 2024
PROJECT: Sidewalk Variance Request for 2500 N. Kimball Ave.
EXECUTIVE
SUMMARY: Jeffry Jackson is requesting approval of a Sidewalk Variance for 2500 N. Kimball
Ave., on a property described as Lot 53, F. Throop No. 1511 Addition, City of
Southlake, Tarrant County, Texas, and located at 2500 N Kimball Ave.,
Southlake, Texas. Current Zoning: "SF-1A Single Family Residential District.
SPIN Neighborhood #4
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 along
the western portion of N. Kimball Ave. Approval from the City Council is required
for modifications or variations to the Subdivision Ordinance.
The Master Pathways Plan proposes an 8' or less width pathway along the west
side of N. Kimball Ave.
The current zoning for this property was approved with case ZA16-092, and as a
condition of this approval, a minimum 5-foot sidewalk was required to be
constructed. Additionally, the property owner has the option to escrow the funds
for the cost of a 5-foot sidewalk.
ACTION NEEDED: Consider the Sidewalk Variance
ATTACHMENTS: (A) Background Information
Variance Request
Presentation
STAFF CONTACT: Morgan Barclay
Dennis Killough
(817) 748-8127
(817) 748-8072
ZA24-0008
BACKGROUND INFORMATION
OWNER: Jeffry Jackson
APPLICANT: Jeffry Jackson
PROPERTY SITUATION: 2500 N Kimball Ave
LEGAL DESCRIPTION: Lot 53, F. Throop No. 1511 Addition
LAND USE CATEGORY: Low Density Residential
CURRENT ZONING: "SF-1A" Single Family Residential District
HISTORY: The property was annexed into the City in 1957 as "AG" Agriculture
District (Ordinance No. 082)
SOUTHLAKE
A permit was issued in December 1983 to construct a 2,500 square foot
single-family residence on the property.
A permit was issued in December 1983 to construct a 1,450 square foot
accessory building on the property.
A permit was issued in April 1984 to construct a septic system on the
property.
"SF-1A" Single Family Residential District zoning was placed on Tract
1 GG with approval of Zoning Ordinance NO. 480 in September 1989.
A Zoning Change and Concept Plan was approved for Tracts 1 GG and
1 C1 B in January 2017 (ZA16-092) granting a variance to Subdivision
Ordinance No. 483, as amended, Section 8.01.b, requiring that all side lot
lines be perpendicular to the right of way line or radial in the case of a cul-
de-sac or curvilinear design.
A plat showing for Lots 52 and 53, F. Throop Addition was filed on April
6, 2017 (D217076050).
Attachment A
ZA24-0008
Page 1
COMPREHENSIVE PLAN
TRANSPORTATION
ASSESSMENT:
Consolidated Future Land Use
The Southlake Consolidated Future
Land Use Plan designates this lot
as Medium Density Residential and
Floodplain. Which are defined in the
comprehensive plan as follows.
MEDIUM DENSITY RESIDENTIAL
Purpose: The purpose of the
Medium Density Residential land
use category (shown in orange
the adjacent map) is to promote
neighborhood setting primarily
houses.
on
a
100.1es
comprised of single family detached
Definition: The Medium Density Residential category is suitable for any
single-family detached residential development. Other suitable activities
are those permitted in the Public Parks/Open Space and Public/Semi-
Public categories previously discussed.
FLOODPLAIN
Purpose and Definition: The Floodplain category (green on the page 1
map) illustrates areas designated by the August 1995 Federal Emergency
Management Agency (FEMA) maps as being in the 100-year floodplain.
The "floodplain" is an expanse of natural vegetation and wildlife, and
should be preserved as natural open area. Within the floodplain is
"floodway" that must be kept free of encroachment in order that the 100-
year flood may be carried without harmful increases in the height of flood
waters. Although it is not to be encouraged, the portion of the floodplain
not in the floodway may be reclaimed for development under certain
circumstances if in accordance with FEMA regulations. The designated
land use for areas of reclaimed floodplain is that of the immediately
adjacent land use category. This designation may also include
environmentally sensitive areas, habitats, or wetlands that may not be in
FEMA identified floodplains.
Mobilitv & Master Thoroughfare Plan
The Mobility and Master Thoroughfare Plan shows North Kimball Avenue
as a two lane undivided collector with a 70' right of way.
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.
Area Road Network and Conditions
North Kimball Ave is a C2U collector with a minimum 70' right of way. The
Attachment A
ZA24-0008
Page 2
lot in question has dedicated 14.5 foot along the N Kimball frontage.
UTILITIES: Water
There is an existing 8-inch water line along N Kimball Ave.
Sewer
Sanitary sewer services are not available in this area the lot is serviced
by a septic system.
Attachment A
ZA24-0008
Page 3
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)
Attachment A
ZA24-0008
Page 4
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 ('/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
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
Attachment A
ZA24-0008
Page 5
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;
(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
Attachment A
ZA24-0008
Page 6
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.
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.
Attachment A
ZA24-0008
Page 7
1E
1
rn
Vicinity Map
2500 N. Kimball Ave
Sidewalk Variance
0 90 180 360
Feet
Case No.
ZA24-0008
Attachment C