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HomeMy WebLinkAbout029.03 Appendix EE - Variance Narrative February 2023 | 1 Aaker Phase 1 Preliminary Plat Application #22-311 Variance Request 2.3.2023 Project Overview Aaker Phase 1 is a 95.41-acre neighborhood located on the southside of Bozeman, west of 19th Avenue and north of Stucky Road. A Preliminary Plat application has been submitted to divide that 95.41-acres into seven (7) buildable lots, two (2) common open space lots, one (1) park lot, road Right-of-Way and one (1) restricted future development lot (63.68 acres, also referred to as “remainder parcel” or “future phases”). During the review of the Preliminary Plat Application, it was identified by city staff that two subdivision variances would be required for this project. This document and associated attachments are the reasoning and justification for those subdivision variances. ➢ Request 1 The first variance request to vary Section 38.400.010.A.1 Relation to Undeveloped Area to eliminate the requirement to extend Remington Way to the western property boundary. The specific code section is outlined below: Code Reference – 38.400.010.A.1. Relation to undeveloped areas. When a proposed development adjoins undeveloped land, and access to the undeveloped land would reasonably pass through the new development, streets and alleys within the proposed development must be arranged to allow the suitable development of the adjoining undeveloped land. Streets and alleys within the proposed development must be constructed to the boundary lines of the tract to be developed, unless prevented by topography or other physical conditions. If the development being reviewed is a subdivision, a request for an alteration of this standard must be processed as a subdivision variance. If the development being reviewed is not a subdivision, a request for an alteration of this standard must be reviewed against the criteria of section 38.250.080.B but will not alter the review authority who would otherwise decide upon the application. When looking at Remington Way and the extension to the western property boundary, there IS critical watercourse and wetland presenting a major site constraint. The general philosophy of the neighborhood is to protect the existing ecosystems wherever possible. Requiring this extension across this significant watercourse would fragment this critical watercourse/wetland habitat for limited positive benefit. Furthermore, there is a significant permitting obstacle to get this roadway approved by the Army Corps of Engineers because it would be challenging to demonstrate the need for this local street when the adjacent property will have access to Kagy Boulevard (Principal Arterial) approximately 600’ south of Remington Way. February 2023 | 2 The intent of this code standard is to ensure that adjacent properties have both adequate physical/legal access and to enhance the overall connectivity of Bozeman. This is evident in the Bozeman Transportation Plan and the planned future transportation network. The future transportation network shows that there will be two collectors (Lincoln Road & South 27th Avenue), and a principalarterial street (Kagy Boulevard) all serving the adjacent property. The extension of Remington Way through the park does little to improve the overall connectivity of the larger city network and is unnecessary. Furthermore, when looking at Remington Way as a whole, it doesn’t extend much further to the east of our project site, so as a local street it does little to enhance the overall east/west connectivity of the larger transportation system. Finally, in this case, the site directly adjacent to the subject parcel is one large landowner (State of Montana) with several existing access points, all of which are either collectors or arterial streets. These factors make extending Remington Way unnecessary. Response to Subdivision Variance Approval Criteria In response to the specific subdivision variance approval criteria identified in the Bozeman Municipal Code 38.250.080. we offer the following: 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; Granting a variance in this situation won’t impact the public health, safety, or general welfare at all. Adequate access to the adjacent property will be provided by the extension of Kagy Boulevard. Additionally, Stucky Road, Lincoln Street and South 27th Avenue are designated as collectors which will provide adequate legal and physical access to the one large property owner adjacent to the project site. The physical constraints presented onsite outweigh the benefit of building Remington Way to the west property line. Requiring the extension of Remington Way would negatively impact the critical wetland corridor for only limited public benefit. 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 chapter is enforced; Requiring Remington Way to be constructed to the western property boundary places an undue hardship on the project. The critical lands to the west of 25th Avenue (Enterprise Boulevard) presents a permitting challenge with the Army Corps of Engineers. Typically, stream crossings are only allowed when there is adequate justification demonstrated in city codes, adopted transportation plans and the project’s Transportation Impact Study. These crossings are typically done for vital roadways like Kagy Boulevard. In this case there is little justification in the adopted transportation plan and little benefit explained in the project’s Transportation Impact Study. Due to the lack of justification, it would be extremely difficult to get this crossing approved by the Army Corp of Engineers. February 2023 | 3 3. The variance will not cause a substantial increase in public costs; and Allowing this variance won’t increase any public costs. It could be argued that allowing this variance would eliminate road maintenance of a small, unnecessary section of road and stream crossing, thereby lowering future maintenance and upkeep costs. 4. The variance will not, in any manner, place the subdivision in nonconformance with any other provisions of this chapter or with the city's growth policy. Aaker Phase 1 is in adequate compliance with the UDC and the Growth Policy by providing access to unsubdivided land in three locations. ➢ Request 2 The second variance request to vary Section 38.420.060.A Park Frontage requirements to eliminate the overall park frontage requirements. The specific code section is outlined below: Code Reference – 38.420.060.A – Frontage. Parkland, excluding linear trail corridors, must have frontage along 100 percent of its perimeter on public or private streets or roads. The city may consider and approve the installation of streets along less than 100 percent, but not less than 50 percent, of the perimeter when: 1.Necessary due to topography, the presence of critical lands, or similar site constraints; and/or 2.When the following elements are included: a. When direct pedestrian access is provided to the perimeters without street frontage; b. When additional land area is provided in the park to accommodate the off-street parking which would have otherwise been provided by the additional length of perimeter streets and the additional land is developed as a parking area; or c. When additional land area is provided in the park to accommodate the off-street parking which would have been provided by the additional length of perimeter streets and, in lieu of the constructed parking area, an equivalent dollar value of non-parking improvements within the park are provided according to the individual park plan. The overall park system for Aaker looks to capitalize and enhance the existing wetlands in the area. This is evidenced in the way the park lots are drawn. All of the park lots will encompass a portion of the critical wetland, which runs north/south across the whole property in two locations. Couple this critical land and the extension of the street grid make it impossible to meet the park frontage requirements set out in the code. If you look at the parks system as a whole, the park frontage goes up from 45% in phase 1 to over 75% when the project is complete. The Block 1 Lot 1 development area aims to create a community use that will enhance and interact with the park. The specific design of this structure is unknown at this time but it should be noted that proposed program aims to create a larger community benefit. This lot will be privately maintained/operated but the hope is that it will function similarly to a park amenity. Another goal of the Block 1 lot is that it be integrated into the park system as to feel as if it were an extension of the park. February 2023 | 4 There is a chance that the parcel to the west of this, if ever developed, will be a park given the dimension of it and the extension of South 27th Avenue north. It appears that South 27th (collector 90’ ROW) will bend around the existing farm building hugging closely to the Aaker property boundary. This leaves little development potential for this sliver of land. It is likely that this sliver of left over ground would be converted to park land. This would increase the overall park frontage and likely get the park well above the 50% frontage requirement. Lastly, many of the Aaker parks could be considered Linear Parks, which may logically not be subject to individual park frontage requirements. Response to Subdivision Variance Approval Criteria In response to the specific subdivision variance approval criteria identified in the Bozeman Municipal Code 38.250.080. we offer the following: 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; This variance will not impact the public health, safety or general welfare of the community. By allowing a variance in the park frontage it will create a better, less fragmented park that will preserve critical sensitive land. Furthermore, multimodal transportation options have been increased from this lack of frontage, which will help promote public health and safety for the community. Lastly, the future development opportunities are significantly limited given the nature of the extension of South 27th Avenue. This area will likely be future park which will increase the overall park frontage. Overall, the location of the park will be a positive benefit to the overall community, the existing ecosystem, and the adjacent landowner. 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 chapter is enforced; The presence of critical lands and the planned street grid in this area make it impossible to meet the park frontage standards in this location. It is extremely important to the Aaker Neighborhood to preserve and enhance the overall wetland system that exists on site. This critical land just so happens to run on the western edge of the property making it impossible to get an additional street on the west and north sides to increase the overall park frontage. When looking at the Aaker Neighborhood as a whole, the park frontage will be above 75%, but the first phase is slightly under the 50% frontage. Furthermore, multimodal connections have been prioritized and enhanced to improve the overall connectivity of this park. Lastly, there is a chance that the parcel to the west of Aaker, if ever developed, will be a park given the dimension of it and the extension of South 27th north. It appears that south 27th (collector 90’ ROW) will bend around the existing farm building hugging closely to the Aaker property boundary. February 2023 | 5 This leaves little development potential for this sliver of land. It is likely that this sliver of left over ground would be converted to park land. This would increase the overall park frontage and likely get the park well above the 50% frontage requirement. 3. The variance will not cause a substantial increase in public costs; and The requested variance is to a park frontage requirement not an overall design requirement and therefore it is hard to foresee how this variance will have any effect on public costs. 4. The variance will not, in any manner, place the subdivision in nonconformance with any other provisions of this chapter or with the city's growth policy. Outside of the requested variances, Aaker will be in compliance with the UDC and the Growth Policy. This is demonstrated through the Preliminary Plat application and City Review.