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HomeMy WebLinkAbout2-1_Variance Narrative_2021-02-12Request for Variance South University District Phase 3 Major Subdivision Variance Narrative Stahly Engineering February 12, 2021 This is a request for a variance of BMC 38.270.030.B.b.(2) to allow for building permits to be obtained for approved development on each of the four restricted lots prior to SUD Phase 3 Common Subdivision Improvements and each lot’s off-site improvements being completed. All SUD Phase 3 Common Subdivision Improvements, as well as each lot’s off-site improvements shall be completed prior to occupancy. BMC 38.270.030.B.b.(2) states: (2) The subdivider must 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 must be financially guaranteed, as explained in this article. However, at a minimum, the plans and specifications for the street improvements must be approved by the review authority prior to final plat approval. Building permits will not be issued until the street improvements are completed and accepted by the city unless otherwise provided for in development proposals occurring under the provisions of division 38.430 of this chapter, Planned Unit Development (PUD), and pursuant to the criteria established in subsection D of this section; We are proposing this variance to allow for concomitant construction of buildings, subdivision improvements, and each lot’s off-site improvements—moving improvements completion requirements to receipt of Certificate of Occupancy. In order to assist you in making findings, we ask you to consider the following points. a. Response to the requirement that the variance will not be detrimental to the public health, safety or general welfare, or be injurious to other adjoining properties. This relaxation will not be detrimental to the public health, because: 1. This relaxation will apply to the four large tracts of land being created for development in this subdivision only—the smallest tract being over 8 acres. 2. Each tract will have one owner/developer and the public will not have access to these areas until required improvements are completed. 3. Subsequent subdivision or plan review could add more specific timing conditions to protect the public health and safety as applicable for each project. This variance also would not have injurious effects to adjacent properties, because: 4. The tracts are generally separate from each other and would not affect each other. Block 4 is adjacent to The Arrow student housing development, but this variance would decrease overall construction time and have reduced impacts on neighboring developments. 5. The developments on these four lots will provide a mix of commercial, student housing and ‘for rent’ housing, and these lots will be owned by a small number of corporate entities—unlike purely residential subdivisions where hundreds of residents and their contractors need access to their individually owned lots. A Phasing Plan has been developed for this subdivision, which identifies specific ‘Common Subdivision Improvements’ that will need to be installed before occupancy would be permitted for any of the four Restricted Lots. The Applicant will install the ‘Common Subdivision Improvements’ (shown in yellow on the accompanying ‘Phasing Plan Exhibit’). The required improvements, costing approximately $3.8M; benefits to the public and the City include: • Looping of water mains, • Stormwater retention/detention for South 19th Avenue and Stucky Road, • Connectivity to the transportation network by extending Stucky from 19th Ave to 11th Ave • Widening of 19th Ave and a new signal at 19th and Stucky b. Response to the requirement that 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 chapter is enforced. The undue hardships include: • SUD Phase 3 Common Subdivision Improvements and each lot’s off-site improvements for this development is estimated to cost in excess of $12 M, resulting in a bond requirement of at 150% of $18M. This is significantly greater than 10% of the City’s Annual budget. • The scale of the proposed improvements, if concomitant construction is not permitted, is larger than local construction companies can handle in one construction season—creating significant timing and cost challenges. The financial risk of tying up approximately $30M for over two years is an undue hardship to the owner. The proposed phasing plan breaks the scope of the SUD Phase 3 subdivision improvements into smaller, more fiscally-sensible projects. The phasing plan requires the applicants to provide the backbone of access and utility connections to all of the Blocks and requires future buyers of the restricted Blocks to build any and all required improvements identified during subsequent City review, including—but not limited to—the streets and utilities adjacent to their blocks at the buyer’s time of proposed development. The phasing plan allows for autonomous development of the four independent, ‘Restricted Blocks.’ c. Response to the requirement that the variance will not cause a substantial increase in public cost. The proposed relaxation would not cause any increased cost to the public. This is a privately- funded development there will no increased costs to the public. The proposed variance will make development and construction more efficient—reducing construction time. Additionally, the Subdivision Phasing Plan requires each phase of development to improve a specific amount of parkland, which—in keeping with the developers commitment to quality, as in the previous two phases of the South University District Subdivision—has typically been in excess of what City Code requires. This variance would make the development process in Bozeman more competitive with other regional municipalities, when dealing with projects with value many times greater than the Bozeman’s annual budget—South University District is anticipated to carry over $450 M of development. The City receives 30% of every property tax dollar in South University District. d. Response to the requirement that the variance will not, in any manner, place the subdivision in non-conformance with any other provision of this chapter (Chapter 38, BMC) or with the City’s growth policy. We are not aware of any non-conformance issues with Chapter 38 BMC nor the City’s growth policy. The Restricted Lot status of the four proposed lots will allow the City to address any code conformance issues that may arise during the required subsequent reviews.