Item 4B - Staff Report
S T A F F R E P O R T
May 22, 2026
PROJECT: Sidewalk Variance Request for 1234 Timberline Court EXECUTIVE
SUMMARY: Mario Montemayor is requesting approval of a sidewalk variance for 1234
Timberline Ct., on a property described as Tract 1B07C, Harrison Decker Survey,
Abstract No. 438 Addition, City of Southlake, Texas, and located at 1234
Timberline Ct., Southlake, Texas. Current Zoning: “MH” Manufactured Housing
District. SPIN Neighborhood #8.
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
Timberline Court. Approval from the City Council is required for modifications or
variations to the Subdivision Ordinance.
ACTION NEEDED: 1) Consider approval of a Sidewalk Variance
ATTACHMENTS: (A) Background Information
(B) Variance Request
(C) Presentation
STAFF CONTACT: Cyndi Cheng (817) 748-8269
Dennis Killough (817) 748-8072
Item 4B
Case No. Attachment A
SWV26-0003 Page 1
BACKGROUND INFORMATION
OWNER AND APPLICANT: Mario Montemayer
PROPERTY SITUATION: 1234 Timberline Court
LEGAL DESCRIPTION: Lot 1B07C, Harrison Decker Survey, Abstract No. 438 Addition
LAND USE CATEGORY: Industrial
CURRENT ZONING: “MH” Manufactured Housing District
HISTORY: The property was annexed into the City in 1987.
The residential building was built in 1974.
A Plat Showing (ZA26-0016) is currently pending.
SOUTHLAKE
COMPREHENSIVE PLAN: Consolidated Future Land Use
The Southlake Consolidated Future Land Use Plan designates this lot as
Industrial. Which is defined in the comprehensive plan as follows.
Purpose and Definition:
Industrial and business service development that is relatively free of
unwanted side effects, such as unsightliness, noise, odor, glare,
vibrations, etc., is permitted in the Industrial category. If meeting the
qualification of relatively free of unwanted side effects, suitable types of
development in the Industrial category can be characterized by the
manufacturing, processing, packaging, assembly, storage, warehousing
and/or distribution of products. Ancillary commercial and retail activities
associated with these uses are permitted. Public Parks / Open Space and
Public / Semi‐Public activities as described above may be permitted if
surrounding industrial uses do not pose hazards and are sufficiently
buffered.
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.
TRANSPORTATION
ASSESSMENT: Master Thoroughfare Plan
Timberline Court is a local 50-foot right-of-way street.
UTILITIES: The property is served by a 6-inch water line main along Timberline Court.
No sewer line serves the property.
STAFF COMMENTS: Subdivision Ord. No.483, as amended Section 5.06
Case No. Attachment A
SWV26-0003 Page 2
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:
1. 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
Case No. Attachment A
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not be issued until required sidewalks are
in place.
C. Sidewalk Specifications:
1. 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 ½) 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
(½-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
Case No. Attachment A
SWV26-0003 Page 4
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 (½) 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.
D. Maintenance:
1. Responsibility for Maintenance:
a. It shall be the duty and obligation of all owners and
occupants of real property abutting upon sidewalks
Case No. Attachment A
SWV26-0003 Page 5
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;
Case No. Attachment A
SWV26-0003 Page 6
(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.
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
Case No. Attachment A
SWV26-0003 Page 7
the amounts expended for any such work
and repairs.
Case No. Attachment B
SWV26-0003 Page 8