ST9301-CS 960123January 23, 1996
Mr. Johnny Thompson
P.O. Box 1236
Coppell, Texas 75019
78With A Beautiful Future 214-462-0022
Col~13elI, Texas75019 ,,~;w'~j I~IEJ~& ~~~~'6~ ~ L
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, the City of Coppell
will be willing to accept the exchange of the fight-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 'R' zoning adjacent to
Sandy Lake Road: If you accept this~$tte~rno~ .]~ d[~d.d,~erstanding from the City of Coppell please
sign and return one notarized copy ............. , ..................... 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
Accepted By:
Johnny Thompson
.... 1I I Il