ST9301-AG 960910/The ¢ily Wi~h ^ BeaLAiful Future
AGENDA REQUEST FORM
CITY COUNCIL MEETING: September 10, 1996 ITEM # ~_~
ITEM CAPTION:
Consideration of accepting a right-of-way dedication for Sandy Lake Road Project ST 93-01 in lieu
of roadway impact fees, escrow or assessment associated with the Riverview Estates development
(commonly referred to as the Johnny Thompson 25 acres of land on east Sandy Lake Road).
SUBMITTED B. neth M. Griffin, P.E. ' _ ~
TITLE.,,~City Manager / City_En_ginee~)
STAFF RECOMMEND~- = ~pp ,'~v~L-~-~
Denial
STAFF COMMENTS:
Attached to this agenda item is a letter dated February 6, 1996 which goes into greater detail
concerning this agenda item. In essence, the City is in need of right-of-way off of land owned by
Johnny Thompson for the construction of Sandy Lake Road currently being designed by Dallas
County. It is anticipated that the project could begin next year. One of the City's obligations is
to acquire the right-of-way. By reading the attached letter, it is easy to determine that this is not
a clear cut issue on the roadway impact fees, escrow or assessment.
In an attempt to bring this issue to a resolution and acquire necessary right-of-way without either
the process of litigation or eminent domain, Staff recommends accepting the offer of the right-of-
way dedication in lieu of any roadway impact fee, escrow or assessment associated with the 25 acre
tract of land on east Sandy Lake Road.
Staff~will be available to answer any questions at the Council meeting.
APPROVED
BY
CITY COklN,CIL
DATE %i/ liq
BUDGET AMT. $ AMT. EST. $
FINANCIAL COMMENTS:
DIR. INITIALS: ~
Agenda Request Form - Revised 6/96
FIN. REVIEW~
+/- BUD=$
CITY MANAGER REVIEWI
Doc~cnt Name e~.l
Coppell, Texas 75019
P.O. Box 478
Coplaell, Texas 75019
214-462-0022
February 6, 1996
08-22-96
Mr. Johnny Thompson
P.O. Box 1236
Coppell, Texas 75019
Re:
Letter of understanding for right-of-way acquisition associated with Sandy Lake Road
Project//ST 93-01
Dear Johnny,
This letter is written as a follow-up to several meetings in which we discussed the opportunity
for you to dedicate right-of-way associated with the Sandy Lake Road project in exchange for
the waiver of escrow and/or roadway impact fees associated with your development. The
preliminary estimate from Dallas County shows that the right-of-way needed from your property
is basically 25 feet in width for a distance of about 891 feet starting from the east side going
west. The west 100 feet of your property is more of a triangler shape going from 25 feet down
to zero at your western most property line. The total right-of-way necessary from your property
is 27,185 square feet or 0.6241 acres. Based on your estimated lot count of 67 lots, the
roadway impact fee for the residential portion of this property would be $57,285.00. This is
calculated by taking 67 lots times a factor of 2.85 times a factor of 300. You would also have
a roadway impact fee associated with the retail zoning retained on the front of this property.
It is very difficult to determine what the impact fee would be for the retail zoning without
benefit of knowing what size of structure could be constructed on the two sites.
Our conversations have been initiated because it is your opinion that when the City validated
your plat that was initiated in late 1991 that you are not subject to the roadway impact fee and
that your total obligation for roadway cost associated with your development would be the
frontage of your development adjacent to Sandy Lake Road. You have approximately 80 feet
of frontage adjacent to Sandy Lake Road and escrow associated with that would be $12,800.00.
The City has been briefed by our attorney and it's our opinion that the City is within it rights
to change fees during the process. This opinion is based on the Vested Rights Legislation as
passed by the State of Texas in 1995. It is your contention that while the City might be able to
change fees, it cannot create fees during the process. I am also understanding that you could
be litigating the City in this matter.
To resolve this issue you have offered the City a middle ground approach to accept the right-of-
way for Sandy Lake Road in exchange for the elimination of any roadway impact fee, escrow
or assessment associated with your property adjacent to Sandy Lake Road. This includes not
only your residential development but also the balance of your 25 acres currently zoned R
adjacent to Sandy Lake Road. It is very difficult to determine if the exchange of the right-of-
way for the deletion of the impact fees is in the best interest of the City or not. The City could
litigate this issue and determine that we do have the right to assess the roadway impact against
the entire development, even though the platting process was started prior to the adoption of the
roadway impact fee by the City of Coppell. The City might also have the option of allowing
you to develop your property and pay your escrow for your small frontage adjacent to Sandy
Lake Road and then assess you for your remaining frontage adjacent to Sandy Lake Road during
the construction of the project. However, again, the City would have additional cost involved
in appraisals of the property and would only be able to assess the enhanced value against the
property. There is also the uncertainty of when the retail development would develop. It is
quite possible that based on its remote location to the City of Coppell that it could remain vacant
for quite some time prior to development,
After carefully consideration of all issues surrounding this unique request and in an effort to
expedite the project and in an effort to negotiate for a fair common ground, I am agreeable to
processing your request to provide right-of-way as requested by Dallas County in the amount
of 27,185 square feet for the elimination of the requirement to pay roadway impact fees for the
25 acres of land to be developed as Riverview Estates and the remaining 'R' zoned property
adjacent to Sandy Lake Road. If you are agreeable please sign and return one notarized copy.
It will then be processed to the City Council for formal acceptance. If it is rejected by the City
Council, then the City of Coppell will go through the normal channels to acquire the necessary
right-of-way for the Sandy Lake Road construction.
If you should have any questions please feel free to contact this office at your convenience.
Sincerely,
Kenneth M. Griffin, P.E.
Assistant City Manager/City Engineer
CC:
Jim Witt, City Manager
Peter G. Smith, City Attorney
~~~g ~ted By:
~ hnny Tla6m'~pson - r
SANDY LAKE ROAD
Project No. 91-830
Parcel 25 ROW
February 1, 1994
RIGHT-OF-WAY DEED
BEING a tract of land situated in the Weston Perry Survey, Abstract
No. 1152 in.the CitF of Coppell, Dallas County, Texas, and being
part of a called 25.006 acre tract described in a deed to Johnny J.
E. Thompson, Adrian IF. Moore and Steve Kimbrel recorded in Volume
90033, Page 0269 of ~=he Deed Records of Dallas County, Texas, and
being more particularly described by metes and bounds as follows:
BEGINNING at a 1/2-inch iron rod found in the existing south line
of Sandy Lake Road, said point being the northeast corner of said
Thompson, et al, tract, and also being the northwest corner of a
called 7.316 acre~t~act of land described in a deed to Floyd C.
Farrow and Earl K. Farrow recorded in Volume 76127, Page 2568 of
said Deed Records, said point being located South, a distance of
30.46 feet from centerline station 64+35.81 as shown on Dallas
County Bond Program Right-of-Way plans on file at the Dallas County
Public Works Department;
THENCE along the common line between said Thompson, et al, tract
and said Farrow tract, South 12 degrees 48 minutes 47 seconds East,
a distance of 25.16 feet to a 1/2-inch iron rod with cap marked
AB&A set in the proDosed south line of Sandy Lake Road;
THENCE along the ProPosed south line of Sandy Lake Road, West, a
distance of 891.92 fget to a 1/2-inch iron rod with cap marked AB&A
set for the beginnin~ of a curve to the right;
THENCE Northwesterly, along the proposed south line of Sandy Lake
Road and along the curve to the right which has a chord that bears
North 81 degrees 2~ minutes 50 seconds West for a distance of
313.20 feet, a central angle of 17 degrees 04 minutes 21 seconds
and a radius of 1055200 feet, for an arc distance of 314.36 feet to'
a 1/2-inch iron rod with cap marked AB&A set in the existing south
line of Sandy Lake Road and in a non-tangent curve to the left;
THENCE Easterly, along the existing south line of Sandy Lake Road
and along the curve to the left which has a chord that bears South
84 degrees 26 minutes 40 seconds East for a distance of 210.67
feet, a central angle of 10 degrees 55 minutes 47 seconds and a
radius of 1106.06 feet, for an arc distance of 210.99 feet to a
1/2-inch iron rod found for the point of tangency of said curve;
THENCE continuing along the existing south line of Sandy Lake Road
and the north line of said Thompson, et al, tract, South 89 degrees
54 minutes 34 secondD East, a distance of 986.38 feet to the POINT
OF BEGINNING and containing 27,185 square feet, or 0.6241 acre of
land, more or less.
EXHIBIT eA~
Project
SANDY LAKE ROAD
RIGHT-OF-WAY DEED
No. 91-850, Parcel 25 ROW
~..
P.O.B
LO~ATION OF' RIGHT-OF-WAY DEED
iixHiin.
FOR ILLUeTRATiON PURPOSE8 ONLY, ACTUAL DOCUMENT IN CITY ENGINUlt'80FIK!
T ii