Rowlett business owner seeks return or formal license for 15-foot Miller Road right-of-way at Kayak Crossing Outpost

Dave Holt, owner of Kayak Crossing Outpost at 6917 Miller Road, asked Rowlett City Council Monday to return a 15-foot strip of land the city required him to dedicate during development or, alternatively, to issue a clear, written license spelling out what he may place there.

Holt said the city asked him to build the business on his small parcel and then later required dedication of the 15-foot right-of-way; he told council, “The city reneged on this agreement after I was too far into the project.” He showed council plans, a survey and a permit package he said was approved around Feb. 6, 2018 that described a 15-foot right-of-way “subject to the city providing a license for the use of the right of way until the city uses the necessary right of way.”

Why it matters: the strip is between Holt’s building and an iron fence and contains a concrete pad, ADA parking, and a water meter. Holt said the space is crucial to move 14–17-foot kayaks through the storefront and to stage education, vaccination and youth programs that he runs in partnership with Texas Parks and Wildlife and the Audubon Society. Staff advised the council that the city previously treated the permit as a license and, from staff’s January 2025 review, concluded Holt has permission to use the right-of-way for the purposes shown on the permit. The debate turned on whether the dedicated right-of-way can be returned to a private owner and on whether the permit/licenses need clearer language and enumerated uses.

City staff and council discussion City staff explained that the property was developed under a planned development (PD) ordinance that included exhibit D and a 15-foot dedication for future road expansion; staff said the PD also required a 5-foot setback and a 5-foot sidewalk. The city manager told council staff’s January 2025 conclusion was that Holt “in fact, have[s] a license to use that 15 feet” while the dedicated right-of-way remains city property and cannot simply be returned. Staff said there had been no recent enforcement action against Holt’s use but that the legal question of returning dedicated ROW has no precedent in the record staff reviewed.

Holt showed city engineering plans for the Miller Road Phase 3 widening and a sealed storm drain profile that, he said, show the planned road surface curving south and not needing the 15-foot strip. Holt asked council either to return the dedicated land or to provide a formal license that guarantees continued use beyond the timeframe he believes was promised.

Council direction and next steps Council did not take a formal vote. Instead members gave staff direction and asked Holt to take two steps to resolve uncertainty: 1) Holt should resubmit the right-of-way application/permit form with a clear, itemized list of uses he wants the city to allow (for example: picnic tables, shade structures, training rollers, staging for education programs); and 2) staff will draft an amendment to the existing permit/license to enumerate allowed uses, identify responsibilities for maintenance and removal if the city needs the land later, and consider whether to waive any application fee. Council asked staff to return recommended language to council for approval; multiple members said they preferred an amendment to the existing permit rather than drafting a new standalone contract. Staff and Holt set a goal to have the application and draft amendment submitted in time for the May 6 consent/meeting packet if feasible.

What was not decided Council did not direct staff to return the dedicated 15-foot right-of-way to Holt. Staff said there is no clear basis in the record to require the city to return dedicated ROW and that maintaining city control reduces the risk of future encumbrances if the city must expand Miller Road or relocate utilities. The council discussion emphasized removing ambiguity by enumerating allowed uses and responsibilities in writing.

Context and background details Holt said the parcel produced “less than $100 of property taxes” before his development. He described partnerships and programs that use the space, including TPWD’s Paddle Point paddling trail and an Audubon Society partnership that provides continuing education credits to teachers. Staff noted the PD language, setback and sidewalk requirements and said the permit the city issued operates as the license that has been relied on in practice.

What to watch next Staff expects to draft permit amendment language and present it to council; Holt agreed to submit a new, itemized application directly to the city manager (Christophe) and Community Development. Council asked staff to include clear terms about reimbursement or removal responsibility if the city later takes the right-of-way for public works. No formal ordinance, sale or deed transfer was authored or approved at this meeting.

Ending Council members said they wanted to “set a new precedent” for clarity and avoid future ambiguous, “he said/she said” outcomes. Holt said if the council did not resolve the issue he would return after the May election, a point members acknowledged but did not treat as a formal deadline.