HomeMy WebLinkAboutWest Winds Major Subdivision Phases 4 and 5 Street Variance
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Chris Kukulski, City Manager
Andy Epple, Director of Planning
SUBJECT: West Winds Subdivision Street Variance – Breeze Lane
MEETING DATE: July 6, 2009
BACKGROUND: An Application for a Subdivision Variance has been submitted that would defer
the construction of Breeze Lane, a planned local street lying between Windward Drive and Davis Lane
in Phases 4 and 5 of the West Winds Major Subdivision, until a development proposal for the subject
property (“The Villas at West winds) is reviewed and approved. The variance request is from Section
18.74.030 B.1.b.(2), which generally requires that building permits not be issued until all street improvements
are completed and accepted by the City of Bozeman. The limited effect of granting the variance would be
that building and occupancy permits for the approved Spring Creek Alzheimer’s Residential Facility,
lying east of Windward Drive on Lot 1, Block 2, Phase 4, West Winds Major Subdivision, could be
issued prior to Breeze Lane west of Windward Drive being completed and accepted by the City.
RECOMMENDATION: Conditional Approval
FISCAL EFFECTS: None identified
ALTERNATIVES: As suggested by the City Commission.
Report compiled: July 2, 2009
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CITY COMMISSION STAFF REPORT
WEST WINDS MAJOR SUBDIVISION PLAT – PHASES 4 AND 5 STREET VARIANCE
FILE NO. #P-09005
#P-07037 The Knolls East and Highland South Major Subdivision Preliminary Plat Staff Report
1
Item: Subdivision Street Variance Application #P-09005, to defer the
construction of Breeze Lane, a planned local street lying between
Windward Drive and Davis Lane in Phases 4 and 5 of the West Winds
Major Subdivision, until a development proposal for the subject property
is reviewed and approved. The variance request is from Section 18.74.030
B.1.b.(2), Bozeman Municipal Code, which generally requires that building
permits not be issued until all street improvements are completed and
accepted by the City of Bozeman. The limited effect of granting the
variance would be that building and occupancy permits for the approved
Spring Creek Alzheimer’s Residential Facility, lying east of Windward
Drive on Lot 1, Block 2, Phase 4, West Winds Major Subdivision, could
be issued prior to Breeze Lane west of Windward Drive being completed
and accepted by the City.
Property Owner: Cascade Development Inc.
1627 West Main Street, Suite 223
Bozeman, MT 59715
Representative: DOWL HKM
920 Technology Boulevard, Suite A
Bozeman, MT 59718
Date/Time: Before the Bozeman City Commission on Monday, July 13, 2009 at 6:00
PM in the Commission Meeting Room, Bozeman City Hall, 121 North
rouse Avenue, Bozeman, Montana
Report By: Andy Epple, Director of Planning
Recommendation: Conditional Approval
___________________________________________________________________________________
PROJECT LOCATION
The subject property is located at the northeast corner of the intersection of Oak Street and Davis Lane,
west of Windward Drive and south of Winter Park Street. The property is legally described as Lots 1
and 2, Block 1, and Lot 1, Block 4 of the West Winds Major Subdivision Phase 4; and Lot 1, Block 3,
Lot 1, Block 4 of the West Winds Major Subdivision Phase 5, located in the NW ¼ Section 2, T2S,
R5E, PMM, Gallatin County, Montana. The property is annexed with a zoning designation of R-3
(Residential Medium Density District).
Please refer to the vicinity map on Page 2 of this report.
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#P-09005 West Winds Street Variance Staff Report 2
PROPOSAL
Cascade Development Inc., represented by DOWL HKM, has submitted a subdivision variance
application to defer the construction of Breeze Lane, a planned local street lying between Windward
Drive and Davis Lane in Phases 4 and 5 of the West Winds Major Subdivision, until a development
proposal for the subject property is reviewed and approved. The variance request is from
Section 18.74.030 B.1.b.(2), which generally requires that building permits not be issued until all street
improvements are completed and accepted by the City of Bozeman. The limited effect of granting the
variance would be that building and occupancy permits for the approved Spring Creek Alzheimer’s
Residential Facility, lying east of Windward Drive on Lot 1, Block 2, Phase 4, West Winds Major
Subdivision, could be issued prior to Breeze Lane west of Windward Drive being completed and
accepted by the City.
ZONING DESIGNATION & LAND USES
The property is annexed to the City and zoned R-3, Residential Medium Density. The intent of the R-3
zoning district is to provide for the development of one-to five-household residential structures near service
facilities within the City. It should provided for a variety of housing types to serve the varied needs of
households of different size, age and character, while reducing the adverse effect of nonresidential uses.
The property is part of the greater West Winds Community Planned Unit Development, and is designated
“Senior Assisted Living Area” on the Final PUD Plan.
The subject property is currently vacant, except for an excavation pit and security fence associated with
gravel extraction for road construction and other purposes within the West Winds PUD.
The following land uses and zoning are adjacent to the subject property:
North: Zoned R-3; vacant, with subdivision infrastructure improvements currently being installed.
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#P-09005 West Winds Street Variance Staff Report 3
South: Across Oak Street, Harvest Creek Subdivision, zoned R-
East: Across Windward Avenue, Bozeman Lodge Senior Living, and approved site for Spring Creek Inn.
West: Across Davis Lane, County Regional Park
GROWTH POLICY DESIGNATION
The area included in this application was designated as planned Residential on the Future Land Use Map of
the Bozeman 2020 Community Plan, and continues to be designated Residential in the newly adopted
Bozeman Community Plan. The mix of uses approved as part of the West Winds PUD, including those in
Phases 4 and 5, has been found to be in compliance with these land use classifications.
PRELIMINARY AND FINAL PLAT STATUS
Preliminary and Final Plat applications for Phases 4 and 5 of West Winds were formally reviewed and
approved by the City in 2008, with Phase 4 receiving Final Plat approval in September, and Phase 5
receiving Final Plat approval in November. Per Code, improvements agreements and financial guarantees
were provided by the owner to allow for the filing of the Final Plats prior to completion of required
infrastructure. These instruments give the owner 1 year from the date of filing the plats to complete the
required infrastructure improvements.
To date, all of the infrastructure improvements in Phase 4 necessary to support the Spring Creek Inn
Alzheimer’s residential facility are installed, while other improvements in phase 5 are under construction and
nearing completion. Breeze Lane between Windward Avenue and Davis Lane is part of the infrastructure
necessary for the completion of West Winds Phases 4 and 5 subdivision plats, but has not been constructed
at this time. Per the improvement agreements and financial guarantees, Breeze Lane between Windward
Avenue and Davis Lane need to be completed this fall.
BACKGROUND INFORMATION
West Winds Subdivision is a 44.905 acre multi-phased development consisting of a mix of residential uses
ranging from single household detached to multi-household attached with a significant area in the southwest
quadrant reserved for Senior Assisted Living. To date in that area, east of Windward Avenue, the Bozeman
Lodge assisted living care facility has been constructed, and the Spring Creek Inn Alzheimer’s care facility
has received Final Site Plan approval from the City. West of Windward Avenue in this quadrant of West
Winds Subdivision is where the owner wishes to build the Villas at West Winds, an active senior community
housing development. It is in the proposed Villas at West Winds area that Breeze Lane will need to be
constructed to complete Phases 4 and 5 of the subdivision development.
The Planned Unit Development review process was used by the owners in the review and development of
West Winds to allow for multi-household development (five or more housing units in a structure) in an R-3
zoned district. The PUD review and approval process also enabled the owner to engage in “concurrent
construction” (where infrastructure and building construction may occur simultaneously) in certain areas of
the development.
Breeze Lane through the proposed Villas at West Winds was the subject of a Commission action in the Fall
of 2008. In that action, the Commission agreed with the owner that Breeze Lane, a planned private street,
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#P-09005 West Winds Street Variance Staff Report 4
could vary from the standard City street alignment to accommodate an alternative site plan design for the
active senior residential community.
The owner feels that past PUD approvals, and the Commission’s action to approve an alternative street
alignment “based on site plan review,” entitle them to defer construction of Breeze Lane until a final site
plan for the Villas at West Winds has been approved. Staff has disagreed with this notion, citing that Breeze
Lane needs to be constructed within the time frame established by the improvements agreements and
financial guarantees provided to allow for the filing of the Phase 4 and 5 subdivision plats, i.e., by no later
than Fall of 2009.
In October 2008, RJ Development Services purchased Lot 1, Block 2 of West Winds Phase 4, and thereafter
commenced a site plan review process to develop the Spring Creek Inn Alzheimer’s care facility. The Final
Site Plan for that development has been approved, but a building permit for the facility cannot be issued
until “all Phase 4 infrastructure” for the subdivision has been completed and accepted by the City.
Although staff advised the owner and applicant of this requirement on several occasions over the past six
months, it was apparently not understood that this infrastructure requirement included Breeze Lane west of
Windward Avenue. The owner has continued to assert that he feels Breeze Lane west of Windward Avenue
only needs to be constructed when the Villas at West Winds project is approved.
The result of all this is that Spring Creek Inn is ready to commence construction on its Alzheimer’s Care
Facility, but cannot do so because Breeze Lane west of Windward Avenue remains unconstructed. Indeed,
all the Phase 4 subdivision infrastructure needed to directly support Spring Creek Inn is currently installed.
This subdivision street variance, if granted, would have the limited effect of allowing Spring Creek Inn to
proceed with their construction project ahead of completion of Breeze Lane west of Windward Avenue.
SUBDIVISION VARIANCE REVIEW CRITERIA AND FINDINGS
Section 18.66.070 Bozeman Municipal Code sets forth subdivision variance review criteria and procedures.
Generally, such variance requests are heard in conjunction with preliminary plat applications, and follow the
preliminary plat review procedures. Because Phases 4 and 5 of West Winds Subdivision have already
received Final Plat approval and have been recorded since last Fall, there is no preliminary plat review to
conduct at this time. Therefore, this variance proposal is being brought directly to the City Commission for
review and action.
This application consists of a subdivision variance proposal to defer the construction of Breeze Lane,
a planned local street lying between Windward Drive and Davis Lane in Phases 4 and 5 of the West
Winds Major Subdivision, until a development proposal for the subject property is reviewed and
approved. The variance request is from Section 18.74.030 B.1.b.(2), which generally requires that
building permits not be issued until all street improvements are completed and accepted by the City
of Bozeman. The limited effect of granting the variance would be that building and occupancy
permits for the approved Spring Creek Alzheimer’s Residential Facility, lying east of Windward
Drive on Lot 1, Block 2, Phase 4, West Winds Major Subdivision, could be issued prior to Breeze
Lane west of Windward Avenue being completed and accepted by the City.
Per Section 76-3-506, MCA, a variance to the UDO must be based on specific variance criteria, and
may not have the effect of nullifying the intent and purpose of this title. The City Commission shall
not approve subdivision variances unless it makes findings based upon the evidence presented in each
specific case that the following review criteria are adequately addressed.
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#P-09005 West Winds Street Variance Staff Report 5
1. The granting of the variance will not be detrimental to the public health, safety, or general
welfare, or be injurious to other adjoining properties.
Breeze Lane west of Windward Avenue is a planned local street that will primarily serve residents in
the vicinity of the proposed Villas at West Winds development. Deferring its construction until the
Villas project is approved should not be detrimental to the public health, safety, or general welfare,
or be injurious to other adjoin properties, unless such deferral lasts indefinitely. Staff feels it is
important to ensure that Breeze Lane be constructed west of Windward Avenue within a certain
period of time, so that it can be used by other area residents as a means of providing connectivity,
regardless of whether the Villas project is completed as planned or not.
2. Because of the particular physical surroundings, shape or topographical conditions of the
specific property involved, an undue hardship to the owner would result if strict
interpretation of this title is enforced.
The physical surroundings of the West Winds Planned Unit Development represent a complex,
multi-phase development with various Code relaxations, concurrent construction approvals,
development plan revisions, and plat recordings based on improvement agreements and financial
guarantees. Also, the alignment or “shape” of Breeze Lane West of Windward Avenue is yet to be
determined, since the Villas development proposal is yet to be approved. In the midst of this, a
third party developer of an Alzheimer’s Care Facility has gone through an extensive site plan review
process and is ready to begin construction on a lot within Phase 4 which is adequately served by
subdivision infrastructure.
3. The variance will not cause a substantial increase in public costs.
Granting this variance should include a condition requiring the applicant to post an appropriate
financial guarantee for the completion of Breeze Lane within a specified time period. In that
manner, deferring the construction of Breeze Lane West of Windward Avenue should not cause any
increase in public costs.
4. The variance will not, in any manner, place the subdivision in nonconformance with any
other provisions of this title or with the City’s growth policy.
The variance would not place the subdivision in nonconformance with any other provisions of the
code or growth policy.
On balance, based on the evidence presented, Planning Staff believes the subdivision variance review criteria
are adequately addressed and supports the variance request, while Engineering Division staff does not
oppose the granting of the variance.
PUBLIC COMMENT
One public comment has been received as of this writing, in opposition to the granting of the variance. A
copy of this individual’s letter is attached to this report. Any comments received after the writing of this
Staff Report will be distributed to the Commissioners at the public hearing.
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#P-09005 West Winds Street Variance Staff Report 6
RECOMMENDED CONDITIONS OF APPROVAL
Should the Commission find that the subdivision variance criteria are adequately addressed with this
application, and chooses to approve this variance request, staff recommends the following conditions be
applied to the project:
1. The period of time for which this variance is valid shall be not more than two years, or until the
Villas at West Winds or other development proposal for the subject property is completed,
whichever occurs first.
2. To ensure completion of construction of Breeze Lane west of Windward Avenue within the
timeframe specified in Condition 1 above, the subdivider shall provide an improvements agreement
and appropriate financial guarantee as required by the City Engineering Division, per standard City
policy and practice.
3. This variance shall only be applicable to Lot 1, Block 2 of West Winds Phase 4, to accommodate the
issuance of building and occupancy permits for the Spring Creek Inn Alzheimer’s Care Facility. All
other “No-Build” restrictions as recorded with the Final Plats for Phases 4 and 5 of West Winds
shall remain in effect until such time as Breeze Lane west of Windward Avenue is completed and
approved by the City.
AS AN APPLICATION FOR A SUBDIVISION VARIANCE, THE CITY COMMISSION SHALL
MAKE THE FINAL DECISION ON THIS APPLICATION. THE DECISION OF THE CITY
COMMISSION MAY BE APPEALED BY AN AGGRIEVED PERSON AS SET FORTH IN
SECTION 18.66 OF THE UNIFIED DEVELOPMENT ORDINANCE.
Attachments: West Winds Request of Subdivision Variance
One letter of comment
Mailed to: Cascade Development Inc., 1627 West Main Street , Suite223, Bozeman, MT 59715
DOWL HKM, 920 Technology Boulevard, Suite A, Bozeman, MT 59718
72
West Winds Phase 4
Subdivision
Request for
Subdivision Variance
Prepared for:Prepared by:
Cascade
Development,
Inc.
June 26, 2009
73
920 Technology Blvd.Suite ABozeman, MT 59718406-586-8834406-586-1730 (fax)dowlhkm.com
74
920 Technology Blvd.Suite ABozeman, MT 59718406-586-8834406-586-1730 (fax)dowlhkm.com
75
WEST WINDS SUBDIVISION - PHASE 4 VARIANCE
INSTALLED UTILIES
FIGURE 3
LEGEND
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77
PPPPWEST WINDS SUBDIVISION - PHASE 4 VARIANCE
SPRING CREEK INN ALZHEIMER SITE PLAN
FIGURE 5
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June 23, 2009
Bozeman City Commission,
We are in the Seniors Housing business and have identified a large unmet need in
Bozeman and Gallatin County to care for those with Alzheimer’s and other related
dementias in an assisted living environment. We are excited to be a part of such a vibrant
community as Bozeman. We look forward to the prompt resolution of the current
situation, which is summarized below, in order to move forward with the care these
residents desperately need.
Before we purchased the property for the Spring Creek Inn in October 2008, we reviewed
the West Winds Phase 4 final plat. The final plat showed the roads which were to be
improved for the Phase 4 infrastructure in order for us to receive our permit for the
Spring Creek Inn. It was clear by looking at the plat which roads needed to be improved;
those that were labeled by name (Hunters Way, Windward Ave, Winter Park St). We saw
an ‘easement’ labeled through the Villa’s property, and recognized it as an easement as
indicated. Therefore, the Phase 4 infrastructure that was being improved by Cascade
Development at the time (Hunters Way, Windward Ave and Winter Park St, which is
now completed and approved), was the infrastructure we relied upon being completed,
based on the final Phase 4 plat.
We were anticipating our building permit to be released around June 1 (which was the
estimated time of completion of the required Phase 4 infrastructure, based on the final
Phase 4 plat), until we received an email from Sue Stodola on May 28, 2009 stating that
the permit will not be issued until the portion of ‘Breeze Lane’ within the Villa’s property
has been built and approved. That was very confusing since the final plat did not show
that as ‘Breeze Lane’, but rather as an easement. This was the first time we understood
how the City perceived this portion of the road.
As a third party purchaser, without previous history with the City staff and the West
Winds developer, we reasonably relied on the final recorded plat. We are currently in a
situation where the City staff will not release our permit in order to force Cascade
Development to improve that portion of Breeze Lane, although the City currently has an
improvements agreement with Cascade Development for that portion of the road to be
determined through the Villa’s site plan review process. This is hugely detrimental to us
and creates and undue hardship since we have a financing commitment in place with a
limited time frame on it, which if lost would be nearly infeasible to replace in today’s
credit environment.
In order to mitigate the damages to our company that this situation will inevitably create
if resolution is not immediately forthcoming, we expeditiously request the release of our
building permit, which is currently ready for submittal by the City staff upon immediate
granting of the variance request. We have contractors under contract and in place ready to
begin work immediately upon the receipt of the permit.
Respectfully submitted,
RJ Development Services
89
June 26,
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West Winds Phase 4 Subdivision
Request for Subdivision Variance
June 26, 2009
Page 2 of 7
entitlements); (3) delay the construction of the Spring Creek facility until full build out of
Phase 4 (which imposes an undue burden on the applicant and owner); or (4) obtain a
variance on the building permit preclusion before improvement completion for this
limited area of Phase 4 (which poses no public health and safety risk). Obviously, if
strict interpretation of this title is enforced and PUD entitlements are ignored and Breeze
Lane is required to be fully reviewed, approved and constructed through the site plan
process before issuance of a building permit, an undue hardship will be borne by the
Spring Creek Inn owners and Cascade Development. In addition, granting the variance
does not shift any risk to the City because Breeze Lane will be built eventually as per the
Administrative Appeal #08005 and the Site Plan Application review process.
Effect of Variance:
The variance will allow the issuance of building permit and subsequent occupancy to the
Spring Creek Inn Alzheimer’s Assisted Living Facility prior to review, approval and
construction of Breeze Lane through Phase 4 Subdivision.
We have attached the following materials for your review and comment.
o Development Review application
o Subdivision Variance Checklist
o Certificate of Adjoining Property Owners List
o Adjoining Property Owners List
o Addressed Stamped envelopes
o Neighborhood Recognition Certificate
o Application Graphics
o Application Fee
o (2) Electronic Copies
Below is our response to per Sections 18.66.070 Subdivision Variances and 18.78.160 Submittal
Materials for Variances. Our responses where warranted are italicized and bold.
18.66.070 SUBDIVISION VARIANCES
A. Procedure. The subdivider shall provide during the preapplication process, and include
with the submission of the preliminary plat, a written statement describing the requested
variance and the facts of hardship upon which the request is based. The Planning Board
shall include their findings and conclusion regarding the requested variance in its
recommendation to the City Commission. The City Commission shall then consider each
variance at the public hearing on the preliminary plat. No response required.
B. Review Criteria. Per §76-3-506, MCA, a variance to this title must be based on specific
variance criteria, and may not have the effect of nullifying the intent and purpose of this
title. The City Commission shall not approve subdivision variances unless it makes
findings based upon the evidence presented in each specific case that:
91
West Winds Phase 4 Subdivision
Request for Subdivision Variance
June 26, 2009
Page 3 of 7
1. The granting of the variance will not be detrimental to the public health, safety, or
general welfare, or be injurious to other adjoining properties; The requested
variance is to defer the extension of Breeze Lane through West Winds Phase 4
Subdivision as a private street and to bring the subdivision phase into concert
with the approved West Winds PUD. Breeze Lane, per the West Winds PUD, is
a private street and to be reviewed by Site Plan application. Breeze Lane is
intended to be a minor access providing residents of the Villa’s at West Winds
access to the Bozeman transportation grid system. The extension of Breeze
Lane through the Villa’s Site Plan will not provide primary access to any other
development or phase of the West Winds. Breeze Lane is not a collector or
arterial standard street providing primary service to the Bozeman community.
All other public infrastructure in Phase 4 Subdivision has been designed,
reviewed, constructed and inspected by the City.
The effect of the variance will allow the issuance of building permit and
subsequent occupancy to the Spring Creek Inn Alzheimer’s Assisted Living
Facility. The Spring Creek Parcel has fully-dedicated adjoining public streets
and all the utility improvements have been designed, reviewed, approved,
constructed and inspected by the City.
Specifically;
Access–The subject lot has fully dedicated and paved access for general public
access and emergency service vehicle access.
Wastewater disposal – The parcel has an installed 8” diameter sanitary sewer
main adjacent with a sewer service to provide wastewater disposal.
Water Service – The parcel has an installed 8” diameter looped water main
adjacent with fire hydrants and a water service to provide fire flow and potable
water service.
Storm Drainage – The site has a storm drainage system that will provide
positive drainage of the site to a storm water detention facility provided by the
West Winds PUD.
In summary, deferring the construction of Breeze Lane and issuing the Spring
Creek Inn building permit will not be detrimental to the public health, safety, or
general welfare, or be injurious to other adjoining properties.
2. Because of the particular physical surroundings, shape or topographical
conditions of the specific property involved, an undue hardship to the owner
would result if strict interpretation of this title is enforced;
92
West Winds Phase 4 Subdivision
Request for Subdivision Variance
June 26, 2009
Page 4 of 7
Breeze Lane is located within the West Winds Phase 4 subdivision which in
turn is a component of the West Winds PUD—a phased, planned community.
The PUD granted specific planned uses and infrastructure phasing. The
requested variance is to resolve a conflict between the approved West Winds
Planned Unit Development (PUD) and the UDO subdivision regulations and
bring the Phase 4 Subdivision into concert with the approved West Winds PUD.
The variance will defer and allow for the proper timing of the extension of
Breeze Lane through West Winds Phase 4 Subdivision.
The City Staff has taken the position that no building permits can be issued for
any portion of Phase 4 and 5 until all the improvements are installed and
complete, including the construction for the extension of Breeze Lane through
Lot 1, Block 4 and Lot 2, Block 1 of West Winds Phase 4 Subdivision.
However, per the West Winds PUD, the extension of Breeze Lane may be a
private street and subsequently reviewed through the Site Plan review process.
In addition, the final plat describes the Breeze Lane extension as an
“easement” to allow flexibility in final location and street type. However,
because of the entire size and shape of Phase 4 and 5, and because the lot now
conveyed for the Spring Creek Inn is only a small portion in the Northeast
corner of Phase 4, delaying a building permit, without any public health and
safety benefit, works an undue hardship on the applicant and owner. As such,
the only alternatives become (1) concurrent construction (which defeats the
purpose of the PUD and final plat flexibility language); (2) un platting so only
the Northeast portion of Phase 4 remains platted (which extinguishes valuable
entitlements); (3) delay the construction of the Spring Creek facility until full
build out of Phase 4 and 5 (which imposes an undue burden on the applicant
and owner); or (4) obtain a variance on the building permit preclusion before
improvement completion for this limited area of Phase 4 (which poses no public
health and safety risk). Obviously, if strict interpretation of this title is enforced
and Breeze Lane is required to be fully reviewed, approved and constructed
through the site plan process before issuance of a building permit, an undue
hardship will be borne by the Spring Creek Inn owners. In addition, granting
the variance does not shift any risk to the City because Breeze Lane will be built
eventually as per the Administrative Appeal #08005 and the Site Plan
Application review process.
3. The variance will not cause a substantial increase in public costs; and
As stated in item #1 previously, Breeze Lane, per the West Winds PUD, is a
private street and to be reviewed by Site Plan application. Breeze Lane is
intended to be a minor access street providing residents of the Villas at West
Winds access to the Bozeman transportation grid system. The extension of
Breeze Lane through the Villa’s Site Plan will not provide primary access to
any other development or phase of the West Winds. All public infrastructures
within Phase 4 has been designed, reviewed, constructed and inspected by the
City. The variance will not cause a substantial increase in public costs.
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West Winds Phase 4 Subdivision
Request for Subdivision Variance
June 26, 2009
Page 5 of 7
4. The variance will not, in any manner, place the subdivision in nonconformance
with any other provisions of this title or with the City’s growth policy. The
variance is in compliance with Administrative Appeal #08005 and the City’s
growth Policy. A primary purpose of the variance is to resolve a conflict
between the approved West Winds Planned Unit Development (PUD) and the
UDO subdivision regulations and bring the Phase 4 Subdivision into concert
with the approved West Winds PUD. The West winds PUD has been found to
be in conformance with the City’s growth policy. The variance will not place
the subdivision in nonconformance with any other provisions of this title or
with the City’s growth policy.
C. Variances from Floodway Provisions Not Authorized. The City Commission may not, by
subdivision variance, permit subdivision for building purposes in areas located within the
floodway of a flood of 100-year frequency as defined in Title 76, Chapter 5, MCA. Any
variances related to floodways shall meet the standards of §18.66.060.C.4.a, BMC. The
project site is not in a floodway and the requested variance is not floodway related.
D. Conditions. In granting subdivision variances, the City Commission may require such
conditions as will, in its judgment, secure the objectives of this title. Any approval under
this section shall be subject to the terms of the conditions designated in connection
therein. Any conditions required shall be related both in purpose and scope with the relief
sought through the variance. So noted; the applicant reserves the right to review the
conditions prior to the public hearing and comment on the conditions during the public
hearing.
E. Statement of Facts. When any variance from this title is granted, the motion of approval
shall contain a statement describing the variance and conditions upon which the issuance
of the variance is based. It is our understanding that the motion of approval shall be
provided by City.
F. Planned Unit Development. Where the standards and requirements of this title are
proposed to be modified through a planned unit development, the applicable process shall
be a deviation rather than a variance.
This variance request is for the West Winds Phase 4 Subdivision which is a component
of the West Winds PUD. A primary reason for the variance is to resolve a conflict
between the approved West Winds Planned Unit Development (PUD) and the UDO
subdivision regulations and bring the Phase 4 Subdivision into concert with the
approved West Winds PUD.
G. Limitations on Approvals. For subdivision variances, the variance approval shall be null
and void if the final plat is not filed within the time allowed for final approval by the City
Commission decision. The West Winds Phase 4 Subdivision final plat has been filed
and was filed within the prescribed approval period.
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West Winds Phase 4 Subdivision
Request for Subdivision Variance
June 26, 2009
Page 6 of 7
18.78.160 SUBMITTAL MATERIALS FOR VARIANCES
A. An application for a variance shall be accompanied by a development plan showing such
information as the Planning Director may reasonably require for purposes of this title. The
plans shall contain sufficient information for the Commission to make a proper decision on
the matter. The request shall state the exceptional physical conditions and the peculiar and
practical difficulties claimed as a basis for a variance. In all cases, the application shall
include, and shall not be deemed filed until, all of the following is submitted:
B. Name and address of the applicant; Cascade Development, Inc., 1627 West Main Street, Ste.
223, Bozeman, MT 59715.
C. The legal description of the property involved in the request for variance, including the street
address, if any, of the property; West Winds Phase 4 Subdivision situated in the NW ¼ of
Section 2 T2S, R5E, P.M.M., Gallatin County, Montana.
D. The names and addresses of the owners of the property and any other persons having a legal
interest therein; Cascade Development, Inc., 1627 West Main Street, Ste. 223, Bozeman,
MT 59715.
E. List of names and addresses of property owners within 150 hundred feet of the site, using the
last declared county real estate tax records; See attached.
F. Stamped, unsealed envelopes addressed with names of above property owners; See attached.
G. A site plan drawn to scale showing the property dimensions, grading, landscaping and
location of utilities, as applicable; See attached.
H. Location of all existing and proposed buildings; See attached.
I. Drive accesses, driveways, access roads, parking spaces, off-street loading areas and
sidewalks as applicable; See attached.
J. A clear description of the variance requested and the reasons for the request;
The variance is a modification to Section 18.74.030 (B.) Completion Time For
Subdivisions (1.)(b.)(2). the modification will allow the issuance of a building permit and
subsequent occupancy of the Spring Creek Inn Alzheimer’s Assisted Care Facility. The
requested variance is to resolve a conflict between the approved West Winds Planned
Unit Development (PUD) and the UDO subdivision regulations and bring the Phase 4
Subdivision into concert with the approved West Winds PUD. The variance will defer
and allow for the proper timing of the extension of Breeze Lane through West Winds
Phase 4 Subdivision. Breeze Lane per the West Winds PUD is to be a private street
reviewed by Site Plan application. To delay the issuance of a building permit until the site
plan process is complete will cause undue hardship to the owner.
The following effected UDO section:
18.74.030(B.)(1.)(b.)(2)
B. Completion Time for Subdivisions.
1.b.2. The subdivider shall enter into an improvements agreement guaranteeing
the completion of the paving, curb, gutter, storm drainage, street lighting
or other street infrastructure improvements not yet completed. The
improvements agreement shall be financially guaranteed, as explained in
this chapter. However, at a minimum, the plans and specifications for the
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West Winds Phase 4 Subdivision
Request for Subdivision Variance
June 26, 2009
Page 7 of 7
street improvements must be approved by the City Engineer prior to final
plat approval. Building permits will not be issued until the street
improvements are completed and accepted by the City of Bozeman unless
otherwise provided for in development proposals occurring under the
provisions of Chapter 18.36, BMC, Planned Unit Development (PUD),
and pursuant to the criteria established in §18.74.030.D, BMC;
K. Justification, in writing of subsections 1, 2, 3 and, when applicable, 4 of §18.66.060.C, BMC;
See response above to Section 18.66.060.
L. Evidence satisfactory to the City Commission of the ability and intention of the applicant to
proceed with actual construction work in accordance with said plans within six months after
issuance of permit; and Attached is a letter from RJ Development the developers of the
Spring Creek Inn Alzheimer’s Assisted Living Facilities documenting their hardship and
that they will proceed immediately with the construction of the facility with issuance of the
building permit.
M. Required filing fee. Attached is fee for $1,750.00
Please note we request that the City Commission consider refunding the application fee
because this variance is to resolve a conflict between the West Winds Planned Unit
Development (PUD)which was found to be in compliance and is the basis of the West
Winds phased subdivisions and the UDO subdivision regulations.
If you need any additional information or materials please feel free to contact our office.
Sincerely
DOWL HKM
______________________________
Clint Litle, P.E.
Senior Project Manager
CC: John Dunlap
Jeff Yates
Enclosures(s)
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Table of Contents
Vicinity Map
Application Letter
RJ Development Letter (Spring Creek Inn)
Development Review application
Subdivision Variance Checklist
Neighborhood Recognition Ordnance Competition Certification
Certificate of Adjoining Property Owners List
Graphics
• Location Map
• Figure 6.4 Road Plan (West Winds PUD)
• Phase 4 Installed Street & Utility Plan
• Breeze Lane & Proposed Villa’s Development
• Spring Creek Inn Alzheimer’s Site Plan
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