Aspen Springs would, over the course of more than 20 years, involve 671 houses on 393 acres located east of Florence.
The proposal from Missoula developer Perry Ashby generated considerable heat in the nearby Eight Mile area when filed, and Ravalli County commissioners ultimately voted against it 2-1.
In December, however, District Judge Jim Haynes, upheld the county's denial of the subdivision. Still, Haynes gave Wesmont 90 days to refile its subdivision request.
Although there were numerous concerns about the large subdivision - from overloading the Florence school system to a lack of law enforcement response - the county commissioners' denial was actually drawn on narrow grounds.
It concerned a subdivision regulation that calls for new developments to provide roads connecting the new subdivision to the existing neighborhoods.
Aspen Springs originally had such a road designed on the southeast end of its property, but Ashby said the initial proposal called for the road to be barricaded because neighbors complained about potential traffic from the connecting road. Wesmont asked the county for a variance from that road requirement.
“We basically took the road out because of complaints from the neighborhood, but then the county said we had to have a inter-neighborhood connection,” Ashby said Wednesday.
The commissioners denied the variance - which had been recommended for approval by the planning staff - then determined that the subdivision proposal was incomplete and denied the subdivision.
Wesmont filed suit, arguing that the road connection requirement was brought up too late for it to respond.
Haynes ruled that Wesmont had no right to expect that its variance would be granted, only the right to request the variance.
Haynes further ruled that because the county denied the variance request for reasons of public safety and traffic, the denial was neither arbitrary nor capricious.
Ashby said Wesmont determined from the judge's ruling that he wanted the company to refile the subdivision with the addition of the road connecting the subdivision to the existing neighborhood.
“We are no longer asking for the variance that we sought, and that road will go through,” Ashby said. “That's what we believe the judge has asked us to do, and that's what we've done.”
Now the proposal goes back to the planning department, which is overwhelmed by other proposals. Ravalli County is also a very different place than when the subdivision was first proposed.
The three-member county commission now has five members, including several who'd been heavily involved in growth issues before being elected to office.
The county also passed an interim density regulation that limits development to one house per two acres.
Those changes have led planners to seek counsel from attorneys representing the county regarding which regulations will apply to the new proposal.
Ashby said the proposal should be reviewed based on regulations that existed at the time it was filed, but he understands that the landscape has changed.
“Ideally, the commissioners will pick up with this and we'll move on to the next round of discussions,” Ashby said.
Commissioner Greg Chilcott said he believes the proposal will be reviewed specifically with regard to the previous problem, then come back to the commissioners.
“We do still have some questions, but I think that's the way it's going to work,” Chilcott said.
Reporter Michael Moore can be reached at 523-5252 or at mmoore@missoulian.com.
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