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Item 10FCity of Southlake, Texas MEMORANDUM November 21, 2003 TO: Hon. Mayor and City Council FROM: Bruce Payne, Planning Director SUBJECT: Consider proceeding with condemnation procedures for the acquisition of land (floodway) in the Triple C Ranch (Phase I) subdivision along the west side of Dove Creek for possible drainage improvements /maintenance and future trail. Action Requested: Consider acquiring through friendly condemnation a corridor approximately 1,600' in length (3.3 acres) in the Triple C Ranch subdivision (Phase I) along the west side of Dove Creek for the purposes of possible drainage improvements /maintenance and a future trail that would eventually run from SH 114 to Lake Grapevine. (The trail is recommended in the Southlake Pathways Plan - -See Attachment A). Background Information: History In April of 2003, staff approached the developer of Triple C Ranch to explore the possibility of the City obtaining land along the west side of Dove Creek to allow for the possible drainage improvements /maintenance and the construction of a future trail. The developer indicated that he would be in favor of the City obtaining the needed land through friendly condemnation if the City agreed to offset the payment of park dedication fees for Triple C Ranch -Phase II (20 lots, which is equivalent to $30,000 in fees). On April 14, 2003, the Parks and Recreation Board approved the fee credit ($30,000) request and accepted the trail corridor dedication (See Attachment B). The portion of the trail corridor along Dove Creek was a much sought aspect of the original plan for this subdivision; however, due to a change in the lotting pattern to 1 acre or greater lots, the dedication of an easement to allow for the trail was excluded from the final plan The developer of Triple C is aware, and agrees, that the City will only provide minimal maintenance of the corridor for health and safety purposes and the area will remain largely in a natural state. Previous City Council Meeting Staff initially presented this proposal to City Council at its July 15 2003 meeting. At that meeting, City Council instructed staff have a legal description and exhibit map prepared showing the extent of the land to be acquired and present that information to City Council at a later meeting (See Attachment C- Exhibit Map). Council indicated that once they had an opportunity to review the extent of the land to be acquired that they would make a final decision on whether or not to proceed with the condemnation process. Future Actions The City will need to obtain the floodway area (east side of Dove Creek) at the time that Phase II of Triple C Ranch is platted. Financial Considerations: The park dedication fees being credited is $30,000. Financial Impact: - Maintaining Corridor ($4,000 annually). - Condemnation Process (Legal Fees, Commissioners Costs, Appraisal, Legal Description, Filing Fees) - $13,000 Citizen Input/ Board Review: -April 14, 2003, Park Board approved the fee credit request ($30,000). -July 7, 2003, Citywide Forum for Neighborhoods #3 & #5 -July 15, 2003, City Council meeting Legal Review: Not Applicable. Supporting Documents: Supporting documents include the following items: - Attachment A - -Copy of the Trails System Master Plan showing the overall proposed trail connections in the area. - Attachment B —Park Board minutes from April 14, 2003 - Attachment C- Exhibit Map Parcels 5A -17A- Triple C Ranch 2 ATTACHMENT A- SOUTHLAKE PATHWAY PLAN -TRAIL (See Trail # 15 & # 16) Trail System Master Plan M _ - Rom 9 ATTACHMENT B- PARK BOARD MINUTES -APRIL 14, 2003 Agenda Item No. 5 -D. Reconsideration of recommendation of park dedication requirements for the Triple C Ranch residential development Director of Planning Bruce Payne presented the park dedication request for the Triple C Ranch residential development, a proposed two - phased, 78 lot subdivision on the east side of North Carroll Avenue, north of East Highland Avenue. According to the Southlake Subdivision Ordinance, the development would be required to either dedicate 1.95 acres of park land or pay park dedication fees of $117,000. The applicant requests fee credit for the second phase of the development (20 lots, which is the equivalent of $30,000 in fees) by dedicating a 20 -foot public trail corridor of approximately 3,970 linear feet along Dove Creek. This portion of trail corridor was a much - sought aspect of the original plan for this development; however, due to a change in the lotting to 1 -acre or greater lots, the corridor was excluded from the final plans approved on October 10, 2001. A copy of the packet memo and support documents is attached to the minutes. Staff has examined the situation and believes the current request is very equitable and provides the opportunity to once again obtain the trail connection. Discussion: Director Payne answered questions about the background of this development and the public's reception to it at prior presentations. This is an opportunity to obtain a trail connection that when completed will provide a significant trail corridor from SH 114 to Lake Grapevine. 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