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Broadview

Broadview. Second Access. Parlette Annexation What has changed?. Parlette has asked for reconsideration Recitals in agreement are not operative provisions

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Broadview

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  1. Broadview Second Access

  2. Parlette AnnexationWhat 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

  3. 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

  4. 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

  5. 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 11th 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?

  6. Historical Overview

  7. Phase 1: 14 Lots (Jan 1988)

  8. Phase 2: 15 Lots (March 1990)

  9. Phase 3: 15 Lots (April 1991)

  10. 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

  11. Phase 4: 14 Lots (March 1992)

  12. Phase 5: 17 Lots (Feb 1995)

  13. Phase 6: 15 Lots (May 1996)

  14. 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

  15. Phase 7: 8 Lots (March 1999)

  16. Plan AmendmentsJune/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

  17. Andre Annexation AgreementMarch 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

  18. 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

  19. Phase 8: 16 Lots (May 2000)

  20. Phase 9: 7 Lots (May 2000)

  21. Phase 9B: 6 Lots (May 2000)

  22. BOTC: 13 Lots (March 2004)

  23. Phase 10: 17 Lots (Preliminary approval June 2006)

  24. Beaconsfield

  25. Parlette Property

  26. 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 11th 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?

  27. 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

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