Broadview Second Access

Parlette Annexation What has changed? Parlette has asked for reconsideration –Recitals in agreement are not operative provisions –Planning staff recommended Andre agreement because there was not an operative provision in the agreement regarding North Road, just a recital of intent Canal Easement Route Investigated –Easement was granted for Phase III; transferability to others is in question –Location of easement likely different than location of road Andre Agreement has not been implemented by developer –Canal Route has not been improved –Two letters sent to Ron Andre asking for work plan for canal improvements –Failure to implement the agreement raises questions regarding validity of agreement –Andre and others cooperating in seeing if North Road improvements can be made, thus not necessitating the canal improvements Agreement has been changed –North Road improvements required prior to subdivision

What has occurred since May? Staff met with Reclamation District regarding canal route –Copy of easement obtained –District prefers not to be in middle of issue –District prefers that traffic go to other locations, rather than along canal route –No one has asked District for permission to improve canal route Staff met with Broadview area developers –Solutions sought for how to improve North Road with participation from various parties –Meeting planned for in two weeks to discuss options for improvement Staff met with Broadview area residents –Solutions sought for how to reduce the impact of extending a dead-end street City capital budget request submitted for city participation in road improvements (total: $150,000) –North Road –Broadhurst Road traffic calming

Actions Before Council Annexation Agreement with Parlette –Revised Agreement that requires North Road improvements –Original agreement that does not require North Road improvements Annexation Ordinance –Annexes Parlette property Subdivision of property is NOT before council and will be subject to separate review process Budget request is NOT before council and will be subject to budget discussions

Policy Questions Should Broadhurst be extended to North Road as the second access for Broadview, and the canal route abandoned? –If so, should the road extension be a city road, and not a “fire exit route” as suggested in the October 11 th letter from the Broadview Neighborhood Association –Note: 1) City code requires a public road as second access for over 40 lots; 2) Circulation Plan identifies public road from Broadhurst to North Road Should the city financially participate in North Road and Broadhurst improvements?

Historical Overview

Phase 1: 14 Lots (Jan 1988)

Phase 2: 15 Lots (March 1990)

Phase 3: 15 Lots (April 1991)

Canal Agreement Ron Andre secures an “Agreement and Easement for Canal Crossing” in June 1991 Purpose of easement is for sanitary sewer system Legal description includes a statement that the easement is to “also serve as a utilities and emergency vehicle ingress-egress easement.” Easement does not describe that any vehicles, other than emergency vehicles, have rights to the route Agreement requires District approval prior to any installation or construction Location of easement is the west 20 feet of the canal right-of-way Andre cannot assign its rights without District prior written consent

Phase 4: 14 Lots (March 1992)

Phase 5: 17 Lots (Feb 1995)

Phase 6: 15 Lots (May 1996)

Subdivision Ordinance Amended Following approval of Phase V and the concerns that the canal route was not adequate as a second access route, the City Commission amended the subdivision ordinance to require that the second access for 40 lots or more be through public roads May 1997

Phase 7: 8 Lots (March 1999)

Plan Amendments June/July 1999 Urban Growth Area amended to include land to the north and south of Broadview –Parlette, Schnibbe, etc. to north –Shipman, Clennon, etc. to south Circulation Plan added to plan to include planned connections –Two options for second access to North Road –Internal circulation within Broadview –Access to south to Maple Street –Other circulation options throughout city

Andre Annexation Agreement March 2000 Developer required to: –Dedicate to the city the tract of land at the end of Broadhurst for future road right-of-way in order to implement the city’s circulation plan adopted in 1999 Dedication occurred as required –Improve canal access road to Fire Department standards Improvements have not occurred City holds minimal bond for improvements Developer sent letter from city attorney asking developer to provide work plan and make improvements

Andre Annexation Agreement, con’t. City required to: –Allow annexation and connection to city sewer –Allow Andre continued use of the access road along canal as temporarily meeting the requirements of the subdivision ordinance –City holds one foot reserve dedication at the end of Broadhurst tract until such time as the property to the north is improved, including roads meeting city standards

Phase 8: 16 Lots (May 2000)

Phase 9: 7 Lots (May 2000)

Phase 9B: 6 Lots (May 2000)

BOTC: 13 Lots (March 2004)

Phase 10: 17 Lots (Preliminary approval June 2006)

Beaconsfield

Parlette Property

Policy Questions Should Broadhurst be extended to North Road as the second access for Broadview, and the canal route abandoned? –If so, should the road extension be a city road, and not a “fire exit route” as suggested in the October 11 th letter from the Broadview Neighborhood Association –Note: 1) City code requires a public road as second access for over 40 lots; 2) Circulation Plan identifies public road from Broadhurst to North Road Should the city financially participate in North Road and Broadhurst improvements?

Options for Council Action Deny Request –Would require canal route to be improved –Access route through Parlette may be permanently blocked due to development Approve Agreement –Requires North Road improvements prior to Parlette land division Modify or Accept Original Agreement –Take North Road requirement out of agreement –Other legal modifications as agreed upon by parties Table Request –Allow time to continue working on North Road funding agreement and design –Allow time to work on how to lessen impact on Broadhurst –Allow time for Council to review budget requests