Agenda - Council - 09/14/2021 - Laserfiche WebLink

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In general, there are challenges to accessing the Subject Property, regardless of what route is ultimately chosen. The entirety of the Subject Property is wetland and there is wetland on all abutting lands as well. Furthermore, the entirety of the Subject Property is within the General Floodplain District, which also extends beyond the boundaries into abutting lands. Construction of any sort of cartway, which again, would be the petitioner's responsibility, would be expensive due to construction within wetland and wetland mitigation. The petitioner has requested a route from the proposed new public street in the plat known as Williams Woods (the "Plat") to access the northeast quadrant of the Subject Property. Since approval of the Williams Woods Preliminary Plat was not contingent upon inclusion of an access to the Subject Property, this cannot be made a condition of approval of that Final Plat. Thus, the petitioner's requested route, which would be through upland and wetland area, would appear to have greater negative impacts than two other alternative routes. There are two public parks that could also be considered as alternative routes to the Subject Property. One is Caroline Acres Park, off of 178th Lane. This option likely presents the greatest amount of impact to wetland area (the majority of the park is wetland, plus the privately owned parcel south of the park is all wetland) and also represents a longer route than the other options. While it is an undeveloped park, there is only forty (40) feet of frontage along 178th Lane. If a thirty-three (33) foot cartway was opened, it would greatly impact future access and/or options for this parkland. Shawn Acres Park is to the southwest of the Subject Property. This is also an undeveloped park with wetland (approximately the eastern 50% of it is wetland). However, this route appears to present the least impact to private property (only about 100-150 feet of private property, all of which is wetland, would be impacted, compared to about 500 feet coming from Caroline Acres Park or about 1,000 feet if through the Plat). While through public parkland, it also appears that this route may result in the least amount of impact to natural resources, which would be in the public's best interests. Th petitioner confirmed they fully understand state statutes concerning cartways, including their financial obligations and other responsibilities. The petitioner also informed Staff that they requested access to the northeast corner of their property because this area has the greatest elevation differential between the ground and groundwater making it the most likely location for improvements. The petitioner also informed Staff that they do not have a strong preference for a cartway route and acknowledged that a cartway through Shawn Acres Park to the southwest corner of their property would serve their needs. The petitioner has been requested to attend the Council meeting to respond to questions as needed. Costs As previously noted, any and all costs for the cartway would be the responsibility of the petitioner. Damages the petitioner would be responsible for may include compensation to the impacted property owner, appraisal(s), surveying, wetland delineation, wetland mitigation, cartway construction, hearing costs, and recording costs. Funding Source: At this stage, this is being handled as part of Staffs regular duties. Recommendation: Staff has no formal recommendation. However, it appears that an alternative route, that being through Shawn Acres Park, may be less disruptive/impactful to privately owned lands and result in less impact to natural resources. Outcome/Action: No formal action is required at this time. This is an opportunity for the City Council to consider the petition, ask questions, and/or request additional information. Attachments