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Alexander Ct-CS070807 (2)DEVELOPMENT CORPORATION Master Planned Living Mr. Clay Phillips Deputy City Manager City of Coppell August 7, 2007 Re: Alexander Court Unresolved Development Exactions Dear Sir, Since our 7/19 meeting, my engineer has been revising our engineering plans per Ken Griffin's instruction. I delivered the latest revised set on Friday. All comments have been responded to and corrected. Our plans should be ready for final approval today. In the interest of saving the project, we must proceed with the plans as approved, though some items may need to be discussed and resolved. This letter is provided to supplement, not replace, my letter to Ken. Per my letter of 7/9 and as we discussed, although we have come to agreement on several points, many issues remain without a resolution. For that reason, we look forward to accepting your offer to meet with the Council on 8/14. It was our understanding that you thought they could consider waving certain restrictions, under the proper circumstances and with that in mind, we plan to submit the following issues for their consideration and resolution: 1) ROLLED CURBS are a desirable alternative to standard curbs and as such, have been requested by David Weekley Homes. Coppell Fire Lanes are 24' F -F or 25' B -B. If the Fire Dept. finds this acceptable, why would they have difficulty traveling on a 24' G -G section with 28' B -B and no vertical curb obstruction ? It appears that they would have more unobstructed room to maneuver than a 28' B -B road with standard curbs, not less. Although we have changed our plans to build standard curbs, we believe rolled curbs are the most aesthetically pleasing. 2) EXTRA INLETS on Knights Way are not necessary, according to my engineer's interpretation of what is required according to acceptable engineering practice. The intersection of Knights Way and Olympia Lane was designed with broader 36' radius curb returns, which allows the water to diffuse more rapidly. Because of this larger transition area, maximum run off from Knights Way into Olympia would blend with the South gutter run off from the East and sheet flow to the West; ultimately being deposited in the inlets in front of lot 4 and between lots 16 and 17. The water carrying capacity of Knights Way is sufficient, without the inlets. In my opinion, these inlets are not a proportionate response to any need created for the City and an extra $ 12,000 expense for the property owner. Page One of Three 6003 Sunderland Drive • Colleyville, Texas 76034 Tel. (817) 996 -6698 • Fax (817) 329 -1792 Alexander Court Exactions Page Two of Three 3) TREE MITIGATION should exclude trees within the public R.O.W.. There are more than 60 trees, from 6" to 24" diameter, in the dedicated street R.O.W., which should be excluded from the tree count and be more proportional, thus reducing the tree liability from 1,500 to 900 caliper inches and reducing the fee to $ 19,000. This represents a cost savings of $ 15,500. Additionally, an individualized tree mitigation determination would properly take into consideration the fact that some 30% of this tract is in the flood plain and all the trees between the flood plain line and the creek are being left in their native state and will not be developed. This natural state should be added credit, which would mitigate the fee. Again, this additional factor shows the City's requirements to not be proportionate in our case. 4) A SIDEWALK ON DENTON TAP is a public improvement and not relative to any proportional need by the City, caused by this or any benefit accruing to the residents of Alexander Court. There is no purpose or utility in building a sidewalk in this location; with no practical connection to the North, no public necessity or justifiable need for the additional $ 7,000 expense. Is it not true; if the property were not being platted, the record owner would not be asked to pay for a sidewalk ? 5) RAISED BUILDING PADS are not proportional or necessary, according to FEMA requirements. Creek lot building pads are normally below the top of curb. All pad elevations are a minimum of 1' above the ultimate 100 year flood line. This is according to City ordinance. There is no justifiable reason to believe the subject building sites are in any danger of flooding. To raise these pads 1' above the curb is a disproportionate cost of an additional $ 5,000. 6) FILL DIRT IN THE FLOOD PLAIN, under these circumstances, is a reasonable accommodation and an accepted practice according to FEMA. If FEMA does not approve the new line, I will agree to remove the dirt; the City has no liability. Allowing this fill to be placed in the flood plain would compensate Mira Mar for the delay from 4/26 to 7/12 in submitting the LOMR application and avoid an additional disproportionate $ 20,000 excavation expense. 7) THIRD PARTY FLOOD STUDY CHECKING is not provided for in the Coppell flood plain ordinance. It is unnecessary and a disproportionate expense to have an applicant pay for outside engineers to check a property owner's flood study, which has been sealed by a certified hydrologist; therefore, Mira Mar will expect a $ 2,000 reimbursement or credit against fees. 8) 3:1 SLOPES ARE ACCEPTABLE along the back line of lot 7. FHA allows 2:1 slopes on lots. The requirement of a 4 :1 slope is disproportionate and denies the optimum use of the back yard. This is private property and not subject to public grading criteria. This requirement would cost an additional $ 5,000. It is not supported by ordinance or statute and is entirely disproportionate to any need created by the project. Alexander Court Exactions Page Three of Three 9) CONCRETE CAPS for two water line cuts on Bethel Road are disproportionate and unnecessary because Bethel is going to be concrete paved and those caps would be destroyed during the lime stabilization process. A compacted flowable fill and asphalt surface patch should suffice and save the $ 3,000 expense. 10) 0.147 ACRE DEDICATION for Bethel should receive a $ 21,700 fee credit. 11) THE PARK FEE of $ 1,285 per lot bears no proportional relationship to the total residents in Coppell versus the 29 residents in Alexander Court. An individualized determination of the park fee should take into account the 30% of the 18.5 acres, which is within the flood plain and not to be developed. 12) THE ROADWAY ASSESSMENT FEE of $ 1,000 per acre bears no proportional relationship to the total residents' burden versus the 29 residents of Alexander Ct. Regarding items 11 and 12. I believe a site specific individualized determination of the rough proportionality requirement, would yield a much lower park fee than $ 1,285 per lot and a lower roadway assessment fee of some $ 1,000 per acre. The truth is, I cannot understand how either fee was arrived upon or how they relate to my property and, although requested, the City has provided no justification, other than some reference to an inflexible ordinance, applied generally. As per my 7/9 letter to Ken Griffin, Mira Mar is requesting an official response from the City regarding the foregoing issues and their cost to the applicant (property owner). My request is appropriate and in proper compliance with the provisions set forth within the Local Government Code, Section 212.904. If, after an Engineer, retained by the City, has made the necessary determination of rough proportionality and the financial burden of these requirements is ultimately found to be unnecessary, Mira Mar would respectfully request reimbursement for the actual cost to provide those City mandated items. Perhaps we could come to some agreement on the 12 issues, without involving the Council or having the City hire an Engineer to make the determinations cited within the law. These issues represent some $ 91,000 in direct project cost or offset credit; certainly not an inconsequential budget item. Please let me or Walter know if you think we can come to an acceptable accommodation and definitive conclusion on each of the itemized issues. Thank You for your assistance... cc: Kenneth Griffin, PE Walter Leonard, Esquire Tim Bennett, PE Yours Very Truly, John L. Hawkins, Pres.