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HomeMy WebLinkAbout2011 02 14 Regular 600 Approval of Purchase Price for Acquisition of Two Parcels for Proposed Right Turn Deceleration Lane on SR 434 at Tuscora Drive COMMISSION AGENDA CONSENT INFORMATIONAL ITEM 600 PUBLIC HEARING REGULAR X February 14, 2011 MGR /DEPT Meeting Authorization REQUEST: The Public Works Department requesting the City Commission's approval of a purchase price for the acquisition of two parcels necessary for the future construction of the proposed right -turn deceleration lane on S.R. 434 eastbound at Tuscora Drive SYNOPSIS: The proposed right -turn deceleration lane on S.R. 434 eastbound at Tuscora Drive is a warranted safety improvement project. This agenda item seeks Commission approval of the purchase price for two of the three parcels necessary for construction of the project. CONSIDERATIONS: • At the April 12, 2010 City Commission meeting, the Commission approved the final design for the proposed right -turn deceleration lane on S.R. 434 eastbound at Tuscora Drive and authorized Staff to proceed with the necessary land acquisition. • In order to construct the project in accordance with Florida Department of Transportation (FDOT) design criteria, small portions of three parcels are impacted and are necessary for acquisition (see attached Exhibits A and B): • 314 Heatherwood Court (405 SF) • 316 Heatherwood Court (217 SF) • The Reserve at Tuscawilla HOA property at corner (141 SF) • To determine to market value of the lands to be acquired, the City had an independent appraisal performed in September 2010. The appraisal was performed by Pinel & Carpenter, Inc., a qualified local real estate appraiser and consultant. The appraisal concluded that the current market value of the three parcels to be acquired was as follows: Regular Agenda Item #600 February 14, 2011 Page 2 of 5 Table 1— Pinel & Carpenter Appraisal Summary Property Owner Market Value Unit Price per Square Foot 314 Heatherwood Court Randy and Jennifer Fuhrman $3,270.00 $8.07 (405 SF) 316 Heatherwood Court Milton and Diedra McNichol $1,600.00 $7.37 (217 SF) HOA Property at corner The Reserve at Tuscawilla $2,300.00 $16.31 (141 SF) Community Association, Inc. • Staff mailed written offer letters at the appraised value per Table 1 to each of the three property owners in October 2010. Since that time, Staff has had several discussions with the property owners at 314 and 316 Heatherwood Court. Both property owners have provided written counteroffers stating they would be willing to accept a unit price of $20.00 per square foot, along with additional landscaping as a buffer to the turn lane (see attached Exhibits C and D). • Staff has indicated to the property owners at 314 and 316 Heatherwood Court that a unit price of up to $16.31 could be supported by Staff based on it being the highest appraised unit price of the three parcels independently appraised by Pinel & Carpenter. Additional buffer landscaping can be provided to the extent possible between the future sidewalk and the existing brick wall. Table 2 below shows the value of each parcel based on the pricing options that have been discussed. Table 2 — Property Value Comparison Property Owner Value per the Value at Value at Appraisal $16.31 per $20.00 per Square Foot Square Foot 314 Heatherwood Court Randy and $3,270.00 $6,605.55 $8,100.00 (405 SF) Jennifer Fuhrman 316 Heatherwood Court Milton and $1,600.00 $3,539.27 $4,340.00 (217 SF) Diedra McNichol HOA Property at corner The Reserve at $2,300.00 $2,300.00 2,820.00 (141 SF) Tuscawilla Community Association, Inc. • The Reserve at Tuscawilla Community Association has not responded to Staff's October 2010 offer letter. In December 2010, Staff received a letter from Clayton & McCulloh, Attorneys at Law, stating they have been retained to represent the Association in this matter. Staff provided the documents requested by Clayton & McCulloh on December 23, 2010. On January 31, 2011, Staff e- mailed the Community Association President to provide notice regarding this agenda item and to see if the Association has given this matter any further consideration. No response has been received as of February 7, 2011. • This agenda item is requesting the City Commission approve a purchase price for the parcels at 314 and 316 Heatherwood Court. Staff recommends using a unit price of Regular Agenda Item #600 February 14, 2011 Page 3 of 5 $16.31 per square foot based on it being the highest appraised unit price of the three parcels independently appraised by Pinel & Carpenter. At $16.31 per square foot, the combined cost to acquire the parcels at 314 and 316 Heatherwood Court is $10,144.82. The Commission is requested to give consideration to the property owners' request to accept a unit price of $20.00 per square foot, which would change the total combined cost to acquire the two parcels to $12,440.00, representing an increase of $2,295.18. • Construction Status: o The turn lane is not currently funded for construction. After the necessary lands have been acquired, Staff intends to seek any available state and/or federal funding. If no state or federal funds become available, the construction would be funded out of the City's Transportation Impact Fee Fund when sufficient funds are available (currently projected in 2014). • Several design- related questions were raised at the April 12, 2010 Commission Meeting, and these are addressed as follows: Question: In the left -out turning movement from northbound Tuscora Drive onto westbound S.R. 434, how far is stop bar being pulled back? Answer: The stop bar is being pulled back only 1 -2 feet. The crosswalk is slightly skewed across the intersection to minimize need to pull back stop bar, similar to the recently constructed turn lane at Vistawilla Drive. Question: Are there any studies or accident data related to the longer left-out movement after turn lane construction? Answer: Staff has not located any studies addressing this particular concern. After the turn lane is constructed, left - turning vehicles will have approximately the same crossing distance (+ 1 -2 ft.) but with better visibility and understanding of the oncoming traffic due to channelization of the turning traffic. Question: Would signalization be possible without obtaining additional right -of -way in the future? Answer: Yes. The intersection will likely remain a T- intersection since the property opposite of Tuscora Drive on the north side of S.R. 434 is not considered to be developable based on the existing wetlands, floodplain, and creek. A pedestrian / light pole can likely be located within the right - of -way at the SW corner if the T- intersection were to be signalized. Question: Regarding the bike lane, are there other options for carrying it through the turn lane as currently designed (between the turn lane and the through lane)? Answer: The current design follows current FDOT standards (Index 17347) for this application and is similar to the bike lane configurations Regular Agenda Item #600 February 14, 2011 Page 4 of 5 recently installed at other turn lanes on state roads (Vistawilla Drive, Sherry Avenue, Wade Street). Street print (high visibility colored pavement marking) can be utilized to increase the contrast and visibility of bike lanes. FISCAL IMPACT: The funding source for the land acquisition is the Transportation Impact Fee Fund (140). At Staff's recommended unit price of $16.31 per square foot, the combined cost to acquire the parcels at 314 and 316 Heatherwood Court is $10,144.82 plus closing fees. If the Commission accepts the property owners' request to use a unit price of $20.00 per square foot, the total combined cost to acquire the two parcels is $12,440.00 plus closing costs. COMMUNICATION EFFORTS: This Agenda Item has been forwarded to the Mayor and City Commission; City Manager; City Attorney /Staff; placed in Press Packets; placed in the City Hall (Lobby) City Commission Meeting binder; and is available on the City's Website, LaserFiche, and the City's Server. Additionally, information related to this Agenda Item has been sent to media/press representatives who have requested Agendas /Agenda Item information, all Homeowner's Associations on file with the City, all individuals who have requested Agendas /Agenda Item information, Department Directors; and also posted outside City Hall; posted inside City Hall with additional copies available for the general public; and posted at five (5) different locations around the City. Staff has had direct communications (written and telephone conversations) with the owners of the impacted properties at 314 and 316 Heatherwood Court, including a written notice sent on January 31, 2011 regarding this agenda item scheduled for the February 14, 2011 Commission meeting. RECOMMENDATION: Staff recommends the City Commission approve a purchase price to acquire the parcels at 314 Heatherwood Court and 316 Heatherwood Court necessary for construction of the right - turn deceleration lane on S.R. 434 eastbound at Tuscora Drive. Staff recommends a total purchase price of $10,144.82 for the two parcels, based on a unit price of $16.31 per square foot, but requests the Commission give consideration to accept the property owners' request to use a unit price of $20.00 per square foot. At $20.00 per square foot, the total purchase price is Regular Agenda Item #600 February 14, 2011 Page 5 of 5 $12,440.00. Staff also recommends the Commission authorize the City Manager and City Attorney to prepare and execute any and all applicable documents. ATTACHMENTS: 1. Exhibit A - 314 / 316 Heatherwood Court Land Acquisition Exhibit 2. Exhibit B — Community Association Land Acquisition Exhibit 3. Exhibit C — Letter: Randy Fuhrman to City dated January 31, 2011 4. Exhibit D — Letter: Milton McNichol to City dated December 20, 2010 Mt `` 4 EXHIBIT A ,a Ili% iir t Proposed Land Proposed Land Acquisition Area .__ `',; , A Area • ..w. . v _ - --- A i " - k , • . . 'It. _ __1_..:!' :7"-: � T of � - •1,' y • le g _•� a ., ' r n .e .a w 3 • . r a • • - . . r r __ � ..\ g , 316 Heatrerwooa Gt. _ I , n // I • r. 1 wf • a f r �1 • K' II '. i • 1 - Y. 4' illitasuk e ,lik , a I I Ali i h Copyright ©2007 Pictometry International Corp. r-t v .. EXHIBIT B - Community Association Property Proposed Land Acquisition Area v t# M.. •. � _. „„ t 1 w .: s µ _ s * u 'Iii dye k r ' x • :vit. 1434111/41 e ti` F r • r `"i 0 At iOr g R Copyright ©2007 Pictometry International Corp. EXHIBIT C Randy Fuhrman 314 Heatherwood, Ct. Winter Springs, FL. 32708 January 31, 2011 City of Winter Springs Attn: Mr. Brian Fields, P.E. City Engineer 1126 East SR 434 Winter Springs, FL. 32708 RE: Parcel No: 102 Owner: Randy and Jennifer Fuhrman Project Intersection Improvement at SR 434 & Tuscora Drive Dear Mr. Fields: I have reviewed your offer to acquire the 404+ square feet for the City's turning lane project and due to the increase road noise this project will cause and the reduction in property value that we will incur. We would be willing to accept $20 per square feet to acquire the 404Sq ft. of property. In addition we would like some kind of high density landscaping trees planted to help hide and damper the noise. Sincerely, Randy A. Fuhrman EXHIBIT D Milton McNichol, M.D. 316 Heatherwood Court Winter Springs, FL 32708 December 20, 2010 Brian Fields, P.E. City Engineer City of Winter Springs Winter Springs, Fl 32708 RE: Offer to Purchase Property at 316 Heatherwood Court. Dear Mr. Fields: As you requested, I am providing a formal response to your offer to purchase a 217 square foot portion of my property at 316 Heatherwood Court. Thank you for your assistance and cooperation in reaching a mutually acceptable agreement. Since our last conversation in December, I have spoken at length with the other affected principals and would like to present the following counter proposal. After much thought and consultation, I am prepared to accept a final settlement of $20.00 per square foot for the area of my property involved in the proposed project. Please keep in mind that the proximity of the proposed turning lane to my property wall will result in significant harm and result in significant present and future loss in the value to my property. Therefore, I would also request the addition of additional barrier foliage to mitigate the noise and proximity of the traffic to the wall. Please do not hesitate to contact me with any additional inquiries. Regards, 1 4)(14— Q Milton McNichol, MD