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HomeMy WebLinkAboutText Amendment 15-1914 Parkland Mitigation - 8-31-2016_New Numbers Page 1 of 18 (Unified Development Code revision element 2A, Parkland) DESCRIPTION: REVISING SECTION 38.240.290, BMC TO AMEND SUBDIVISION CERTIFICATES FOR DEDICATION OF PARKLAND; SECTION 38.420.020, BMC, PARK AREA AND OPEN SPACE REQUIREMENTS; SECTION 38. 420.030, BMC, CASH DONATION IN-LIEU OF PARK DEDICATION; SECTION 38.420.100, BMC, WAIVERS OF REQUIRED PARK DEDICATION; SECTION 38.200.010 REGARDING REVIEW AND APPROVAL AUTHORITY FOR CASH DONATION -IN-LIEU OF PARK; AND REVISING SECTIONS 38.220.030 AND 38.220.060 TO EXPAND THE REQUIRED CONTENT OF A PARK MASTER PLAN. WHEREAS, Section 76-3-621, MCA requires the provision of parks or an equivalent as a component of subdivision; and WHEREAS, Section 76-2-304, MCA includes provisions of parks as part of the purposes for municipal zoning but does not give specific criteria; and WHEREAS, there are greater equities and efficiencies and reliability of process if both subdivision and zoning based provision of parkland use the same standards and procedures; and WHEREAS, the 2007 Montana Legislature adopted changes to the Montana Subdivision and Platting Act, Title 76, Chapter 3, MCA to allow park land dedication requirements for minor subdivisions. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 Legislative Findings: Ordinance No. 15-1914, Revisions to Chapter 38 BMC Regarding Dedication of Parkland Page 2 of 18 1. The City relies upon the standards and definitions within Chapter 38, BMC to enable the development of the City in a manner which avoids conflicts, enables public notice of and comment on development which may affect residents and land owners, and provide predictability in government actions. 2. There is an advantage to making regulations as clear and readily understood as possible. 3. It is important to keep the regulations in compliance with the state statutes. 4. The community need for a particular regulation will vary over time, and therefore it is appropriate to reevaluate the adopted standards from time to time. 5. There is no material difference in public recreational needs of new homes whether they are reviewed through the City’s subdivision or zoning authority and processes. 6. There should be an individualized analysis of the application of impact mitigation requirements to ensure that mitigation is rationally related and proportional to the impact of development. 7. It is reasonable to create a recreational impact mitigation program that addresses the varied scope of developments. Section 2 That the Bozeman Municipal Code be amended by revising Section 38.240.290 to read as follows: A. Cash-in-lieu of park land. Where there will be a cash donation in-lieu of park land dedication, plats of subdivision shall show the following certificate: CERTIFICATE ACCEPTING CASH DONATION IN-LIEU OF LAND DEDICATION In as much as dedication of park land within the platted area of (Subdivision Name) would be undesirable for park and playground purposes, it is hereby ordered by the city commission of the City of Bozeman, that land dedication for park purposes be waived and that cash-in-lieu, in the amount of ____________ dollars, be accepted in accordance with the provisions of the Montana, Ordinance No. 15-1914, Revisions to Chapter 38 BMC Regarding Dedication of Parkland Page 3 of 18 Subdivision and Platting Act (MCA 76-3-101 through 76-3-625) and the Bozeman Municipal Code. DATED this ____________ day of ____________, ____________. (Signature)_______________________________ City of Bozeman Director of Parks and Recreation Public Works B. Off-site park land dedication. Where park land will be provided off-site, in accordance with section 38.420.100.A.4 or 5, plats of subdivision shall show the following certificate: CERTIFICATE ACCEPTING OFF-SITE PARK LAND DEDICATION In as much as an alternative to dedication of park land, for park and playground purposes within the platted area of (Subdivision Name), would be desirable, it is hereby ordered by the city commission of the City of Bozeman that land dedication for park purpose be provided off-site with land outside of the platted area of (Subdivision Name) in accordance with the provisions of the Montana Subdivision and Platting Act (MCA 76-3-101 through 76-3-625), and the Bozeman Municipal Code. The off-site park land dedication will be provided with the following described tract(s) of land or easement(s) to wit: Description (Exterior Boundary Description of Area Contained in Plat/Easement and Total Acreage) DATED this ____________ day of ____________, ____________. (Signature)_______________________________ City of Bozeman Director of Parks and Recreation Public Works Ordinance No. 15-1914, Revisions to Chapter 38 BMC Regarding Dedication of Parkland Page 4 of 18 C. Park land dedication to School District 7. Where park land will be provided in accordance with section 38.420.100.A.6, plats of subdivision shall show the following certificate: CERTIFICATE ACCEPTING PARK LAND DEDICATION TO SCHOOL DISTRICT 7 In as much as an alternative to dedication of park land, for park and playground purposes within the platted area of (Subdivision Name), would be desirable, it is hereby ordered by the city commission of the City of Bozeman that required land dedication for park purposes be met with land dedicated to School District 7 in accordance with the provisions of the Montana Subdivision and Platting Act (MCA 76-3-101 et seq.), and the Bozeman Municipal Code. If School District 7 chooses to no longer use the land for school buildings and facilities, the ownership of the land shall revert to the City of Bozeman for park purposes and School District 7 shall transfer the land to the city with clear title and in a condition meeting the minimum development standards for parks established in section 38.420.080. The land dedication will be provided with the following described tract(s) of land, to wit: Description (Exterior Boundary Description of Area Contained in Plat and Total Acreage) DATED this ____________ day of ____________, ____________. (Signature) ______________________________ City of Bozeman Director of Parks and Recreation Public Works (Signature) Chairman, School District 7 Board of Trustees Section 3 Ordinance No. 15-1914, Revisions to Chapter 38 BMC Regarding Dedication of Parkland Page 5 of 18 That the Bozeman Municipal Code be amended by revising Section 38.420.020 to read as follows: 38.420.020. – Park area and open space requirements. The requirements of this article are based on the community need for parks and the development densities identified in the growth policy and this chapter. A. The area required by this subsection shall be provided as a land dedication unless an alternate method of compliance is approved by the review authority. The required area or its equivalent may be provided by any combination of land dedication, cash donation in-lieu of land dedication, or an alternative authorized by section 38.27.100, subject to the standards of this chapter. 1. When the net residential density of development is known, 0.03 acre per dwelling unit of land shall be provided. a. Net residential density of development is known when a plat or site plan depicts a set number of lots and the final number of residential units or maximum occupancy of group quarters at full buildout can be reasonably determined. b. When the net residential density of development is known at the time of preliminary plat or site plan and If net residential density is in excess of eight dwellings per acre, the requirement for dedication for that density above eight dwellings per acre shall be met with a cash donation in-lieu of the additional land unless specifically determined otherwise by the review authority. b. These requirements are based on the community need for parks and the development densities identified in the growth policy and this chapter. c. Net residential density of development is known when a plat or site plan depicts a set number of lots and the final number of residential units or occupants at full buildout can be reasonably determined. d. When developed as group quarters, such as group living or community residential facilities, rather than individual dwelling units living, in lieu of 0.03 acres per dwelling unit, an area of 575 square feet per resident shall be provided up to a limit of 27 persons per net acre. Ordinance No. 15-1914, Revisions to Chapter 38 BMC Regarding Dedication of Parkland Page 6 of 18 e. The required area Land dedication or its equivalent shall not be required for any residential density dwelling units or group quarters occupancy in excess of the following: (1) For development within the R-1, R-2, and R-MH zoning districts, the maximum net residential density shall be ten dwellings units or 22.5 persons in group quarters per acre. (2) For development within the R-3, R-4, R-5, R-O, and REMU zoning districts, the maximum net residential density shall be 12 dwellings units or 27 persons in group quarters per acre. (3) For development within other zoning districts not previously specified and developed for residential uses, the maximum net residential density shall be 12 dwellings units or 27 persons in group quarters per acre; or. 2. If net residential density of development is unknown, 0.03 acres per dwelling unit of land dedication or its equivalent shall be provided as follows: a. For initial subdivision or other development: (1) For development Wwithin the R-1, R-2, and R-MH zoning districts: an area equal to that required for six dwellings units or 13.5 persons in group quarters per net acre. (2) For development Wwithin the R-3, R-4, R-5, REMU, and unless legally restricted from residential uses the R-O zoning districts, and REMU,: an area equal to that required for eight dwellings units or 13.5 persons in group quarters per net acre. (3) For development Wwithin other zoning districts not previously specified and which are intended for residential development,: the equivalent to an area dedication for six dwellings units or 13.5 persons in group quarters per net acre shall be provided as cash-in-lieu. b. For subsequent development when net residential density becomes known, the net residential density per acre above the minimum established above must shall be rounded to the nearest whole number and applied as shown in the following table. All prior provision of parkland for the project site shall count towards the maximum required dedication. follows: Ordinance No. 15-1914, Revisions to Chapter 38 BMC Regarding Dedication of Parkland Page 7 of 18 (1) For development within the R-1, R-2, and R-MH zoning districts the land area equivalent for the additional net residential density not to exceed a total, including prior dedications, of ten dwellings per acre shall be provided as cash-in-lieu. (2) For development within the R-3, R-4, R-O, and REMU zoning districts the land area equivalent for the additional net residential density not to exceed a total, including prior dedications, of 12 dwellings per acre shall be provided as cash-in- lieu. (3) For development within other zoning districts not previously specified and developed for residential uses for the additional net residential density not to exceed a total, including prior dedications, of 12 dwellings per acre shall be provided as cash-in-lieu. (4) When developed as group living, in lieu of 0.03 acres per dwelling unit, an area of 575 square feet per resident shall be provided up to a limit of 27 persons per net acre. Zoning District Required Dedication per dwelling Maximum Required Dedication per Acre Cash-in-lieu Required R-1, R-2, R-MH .03 acres or equivalent 10 dwellings Yes R-3, R-4, R-5, R-O, and REMU .03 acres or equivalent 12 dwellings Yes All other districts .03 acres or equivalent 12 dwellings Yes Required Area per Person Maximum Required Dedication per Net Acre Group quarters (all districts) 575 square feet or equivalent 27 persons Yes Ordinance No. 15-1914, Revisions to Chapter 38 BMC Regarding Dedication of Parkland Page 8 of 18 3. Applicability to site plans. Section 38.27.020.A.2, shall not apply to subsequent site plan development located within major subdivisions which received preliminary plat approval after July 1, 1973, and which received final plat approval prior to October 1, 2005. 4. Special case. The city has established division 38.380, to encourage the provision and development of affordable housing. Reductions in required parkland dedication are established in 38.380.110. The reductions in park land dedication to conform to division 38.380, may not reduce the development's park land requirements below the minimum established by MCA 76-3-621. a. The minimum number of workforce housing units required to comply with chapter 38, article 43, are exempt from the park land dedication requirements of this article. Dwellings resulting from the density bonus provisions of section 10.08.070.1 are exempt from the park land dedication requirements. Workforce housing units in excess of the minimum number shall provide park land on the same basis as other development. b. The park land requirement for development not otherwise exempted from dedication requirements shall be reduced by a 1:1 ratio based on the minimum required square footage of the lot area necessary to provide minimum compliance with chapter 38, article 43. For example, if 50,000 square feet of lots for workforce housing units are required then there shall be a reduction in the required park land area of 50,000 square feet. (1) If the developer chooses to develop more than the required number or area of workforce housing unit lots, the additional lot area square footage above the minimum required shall not further reduce the park land area. (2) The reduction of park land shall be allowed for WHUs and/or lots provided offsite of the responsible development but only to the extent of the required WHU lot area for the development applying for this park land offset and only applied on the site of the development applying for the park land offset. c. The reductions in park land dedication to conform to chapter 38, article 43, may not reduce the development's park land requirements below the minimum established by MCA 76-3-621. B. Exceptions. Land dedication or its equivalent cash donation in-lieu of land dedication shall not be required for: 1. A minor subdivision. 2.1. Land proposed for subdivision into parcels larger than five acres unless those parcels are zoned for residential use or are planned for residential use through a development application. Development of a parcel larger than five acres may require parkland dedication pursuant to 38.420.020.C. Ordinance No. 15-1914, Revisions to Chapter 38 BMC Regarding Dedication of Parkland Page 9 of 18 32. Subdivision into parcels which are all nonresidential. 43. A subdivision in which parcels are not created, except when that subdivision provides permanent multiple spaces for recreational camping vehicles or manufactured homes. 5 4. A subdivision in which only one additional parcel is being created. Development of the additional parcel may require parkland dedication pursuant to 38.420.020.C. 6. An application reviewed under section 38.19.070. 4 5. A development for which the required amount of park land is shown to have already been provided. 5 6. Section 38.420.020.A.2, shall not apply to subsequent site development located within major subdivisions which received preliminary plat approval after July 1, 1973, and which received final plat approval prior to October 1, 2005. 6 7. Development creating only one additional dwelling unit or increasing occupancy of group quarters by up to four additional persons. C. Development on land initially exempted from park dedication is required to provide park dedication if further development of the site does not continue to meet the criteria for exemption. Development of a lot previously exempted from park dedication must be reviewed pursuant to this article. If the lot is no longer exempt from the park dedication requirement the development is subject to 38.420.020.A. D. Residential site plans. For residential site plans unless otherwise provided through the subdivision or planned unit development review process, is an amount of park land or its equivalent equal to that required by section 38.27.020 for the proposed number of dwelling units set aside within the project boundaries, and configured for active recreational use by the residents of the project; or has the developer proposed to provide its equivalent as may otherwise be allowed by this chapter. E. Residential Site plans that include residential use; open space requirement. Site plans containing five or more dwelling units and including dwelling units which do not have ground floor access to a landscaped rear yard shall provide on-site open space for the use of the residents. The area to be provided is calculated only for those dwellings which do not have ground floor access to a landscaped rear yard, as follows:. Open space shall be provided at a rate of 150 square feet per dwelling unit for dwellings with two or more bedrooms, and Commented [COB1]: Determination needed as to whether we want to exempt ADUs, accessory commercial dwellings, CRF or to treat them as all other homes. Viability of lower requirement depends on whether there is a City established value. Provides exemption for very small projects. Point of emphasis and discussion during the Commission and public review. Ordinance No. 15-1914, Revisions to Chapter 38 BMC Regarding Dedication of Parkland Page 10 of 18 100 square feet per dwelling unit for studio and one bedroom dwellings. All landscaped areas, public plazas or common green roof decks shall be considered a "commons" and be accessible to all residents of the site. The requirement may be met through the use of any of the following options. Options may be combined to satisfy the area requirement. 1. Landscaped. The required area shall: a. Be configured in areas of not less than 600 square feet in area; and b. Have at least one minimum dimension of 25 feet. Upon a showing that a superior design will result, the city may allow up to a 20 percent reduction in the minimum dimension so long as the space does not exceed a length to width ration of 1:3, and c. Have a slope of ten percent or less; and d. Not have nonrecreational structures or detention/retention ponds; and e. Provide the equivalent seating area of two benches, each four feet in length, which do not obstruct its use; and f. Area shall be centralized within the project with a clear pedestrian connection from all served dwelling unit; or g. Properties adjacent to a park, trail or other open space amenity shall be configured in such a manner as to complement and relate to the adjacent open space facilities; and 2. Common plaza or common green roof deck. Area provided through this means may be used to meet the performance requirements of article 26 of this chapter, Landscaping. The required area shall: a. Meet a minimum size of 225 square feet; and b. Have a minimum dimension of 15 feet. Upon a showing that a superior design will result, the city may allow up to a 20 percent reduction in the minimum dimension so long as the space does not exceed a length to width ration of 1:3; and c. Be fully surfaced with scored concrete, architectural pavers, or other alternative high quality surfacing; and d. Area must have a slope of two percent or less; e. Provide one of the following: (1) Option 1, a minimum of two benches and two permanent irrigated planters with a cumulative area of not less than 40 square feet; Ordinance No. 15-1914, Revisions to Chapter 38 BMC Regarding Dedication of Parkland Page 11 of 18 (2) Option 2, two benches and a shade structure that would cover 50 percent of the plaza area; (3) Option 3, a fountain of at least ten square feet with integrated seating around fountain perimeter; or f. For green roof deck credit the area shall include 25 percent of the surface planted with rooftop landscaping (trays or full depth soil); 3. Private patio or private green roof deck. The required area shall: a. Have a minimum dimension of eight feet. Upon a showing that a superior design will result, the city may allow up to a 20 percent reduction in the minimum dimension so long as the space does not exceed a length to width ration of 1:3; and b. Be surrounded by minimum 18 inch masonry screen element wall; c. Green roof deck shall include 25 percent of the surface planted with rooftop landscaping (trays or full depth soil); 4. Private individual balconies shall have minimum dimensions of six feet by six feet. F. To ensure coordination when parks are being created by a multiphase development, the entire park land dedication shall be accomplished at the time of the initial phase of the development. If necessary, this may be accomplished through the grant of public access easements on later phases. G. The following land is unacceptable for park land dedication: 1. Required watercourse setbacks unless approved by the review authority for incorporation into the design of the larger park area. 2. Stormwater retention or detention ponds unless approved by the review authority and designed and constructed to the city’s adopted standards for joint park/stormwater control use. The city may accept such land for dedication to the city but shall be maintained by the property owners association unless and until responsibility is assumed by affirmative action of the city. 3. Land with a grade of 25 percent or greater unless the City Commission makes specific findings in its favor as part of the adoption of a park master plan. 4. Other land such as land slides, rock falls, or subsidence areas, debris deposition areas, environmentally contaminated areas, and land containing deteriorated structures or other Ordinance No. 15-1914, Revisions to Chapter 38 BMC Regarding Dedication of Parkland Page 12 of 18 public or private nuisances, unless the review authority determines the hazards or excessive public burdens can be eliminated or will be overcome by appropriate design and construction plans. H. When land offered for dedication as park land to the city exceeds the amount required the additional usable land may be dedicated to the city in the same manner and subject to the same standards as minimum required areas. I. Public Use. Land donated or dedicated to meet the requirements of this section shall be provided for public use. The developer must execute the appropriate public access easements on privately-owned common land. The easements shall be held by the city. The city's responsibilities for park land dedicated by easement shall be the same as for fee simple park land dedication. Section 4 That the Bozeman Municipal Code be amended by adding to Section 38.420.030 to read as follows: Sec. 38.420.030. - Cash donation in-lieu of land dedication. A. The review authority may determine whether the park dedication must be a land dedication, cash donation in-lieu of land dedication or a combination of both. For the purposes of this section construction of park improvements above the minimum improvements required by ordinance may be allowed as a method of cash donation. When making this determination, the review authority shall consider the factors established by resolution of the City Commission. following: 1. The desirability and suitability of land for parks and playgrounds based on size, topography, shape, location or other circumstances; and 2. The expressed preference of the developer. 3. Location of the site within the B-3 zoning district. The city commission has determined that cash-in-lieu of land dedication is the default method to satisfy the requirements of Ordinance No. 15-1914, Revisions to Chapter 38 BMC Regarding Dedication of Parkland Page 13 of 18 38.27.020.A within the B-3 zoning district. The approval authority of a development within the B-3 zoning district is as governed by 38.200.010. B. When a combination of land dedication and cash donation in-lieu of land dedication is required, the required cash donation may not exceed the proportional amount of the total required mitigation not covered by the land dedication. Nothing in this section prohibits a developer from offering more than the required minimum. C. Cash donation in-lieu of land dedication must be equal to the fair market value of the amount of land that would have been dedicated. For the purpose of these regulations, the The fair market value is the value of the unsubdivided, unimproved land after it has been annexed and given an urban municipal zoning designation. The city intends to obtain the highest value for cash-in-lieu of park land that is allowable under state law. The city commission may adopt procedures to be used by the director of parks and recreation to determine the fair market value. The amount of the cash-in-lieu to be provided must equal the city’s established fair market value per square foot times the amount of land required to be dedicated. The city must periodically update the market value as deemed necessary to reflect changes in the price of land. The valuation used for calculating the amount due will be the valuation in effect at the time an application for final plat or final plan approval is complete. 1. Alternative. A developer may provide an alternate market valuation which complies with the following: a. 1. It shall be the responsibility of the developer to provide an appraisal of the fair market value by a certified real estate appraiser of their choosing. The appraisal fee shall be the responsibility of the developer. b. 2. When a land value must be established for cash-in-lieu of land dedication to satisfy the requirements of section 38.420.020, and the value of the land in an unsubdivided, unimproved, but annexed and zoned condition cannot reasonably be determined, the developer may provide an appraisal of residentially zoned property with a zoning designation that allows the density of dwellings proposed for development. Ordinance No. 15-1914, Revisions to Chapter 38 BMC Regarding Dedication of Parkland Page 14 of 18 c. 3. The appraisal provided for the purpose of section 38.420.030 shall be conducted not sooner than 90 days prior to the submittal of an application for final plat or final site plan approval. D. Where a cash donation has been accepted in-lieu of land dedication, the amount of cash donation shall be stated on the final plat or plan as appropriate. E. Where a cash payment or construction of improvements donation has been accepted in-lieu of land dedication, the city shall record in the meeting minutes or other written decision why the dedication of land for parks and playgrounds was undesirable. F. Use of cash donations. 1. The city shall use a cash donation for development or acquisition of parks to serve the development. 2. The city may use the cash donation to acquire or develop parks or recreational areas within its jurisdiction or for the purchase of public open space or conservation easements, only if: a. The park, recreational area, open space or conservation easement is within a reasonably close proximity to the proposed development; and b. The city commission has formally adopted a citywide park plan that establishes the needs and procedures for use of the cash donation. Section 5 That the Bozeman Municipal Code be amended by adding Section 38.420.100.B to read as follows: B. Section 38.420.020 requires mitigation of recreational impacts, usually by dedication of land for parks. Under defined circumstances in this section the required dedication may be waived. However, the underlying issue of mitigating recreational impacts must be addressed. If an application provides one or more of the alternatives under Paragraph A of this section then the required mitigation has been partially provided. To complete the mitigation, the alternative to land dedication shall allow public access. The developer must execute the appropriate public Ordinance No. 15-1914, Revisions to Chapter 38 BMC Regarding Dedication of Parkland Page 15 of 18 access easements in a form acceptable to the City Attorney prior to final approval of the development. The easements shall be held by the city. Section 6 That the Bozeman Municipal Code be amended by revising paragraph 38.200.010.A.1 to read as follows with the remainder of the section to remain as presently written: A. The city commission has the right to review and require revisions to all development proposals subject to this chapter, and delegates that authority in certain circumstances as set forth below. The purpose of this review is to prevent demonstrable adverse impacts of the development upon public safety, health or general welfare, or to provide for its mitigation; to protect public investments in roads, drainage facilities, sewage facilities, water facilities, and other facilities; to conserve the value of adjoining buildings and/or property; to protect the character of the city; to protect the right of use of property; advance the purposes and standards of this chapter and the adopted growth policy; and to ensure that the applicable regulations of the city are upheld. 1. The city commission retains to itself under all circumstances the review of the following: a. Subdivisions which do not qualify as a subdivision exemption per division 38.240; b. Amendments to the text of this chapter or amendment to the zoning map; c. Determination to accept cash-in-lieu of park land dedications, except: in the B-3 zone district; (1) In the B-3 zone district; or (2) When by resolution the City Commission delegates decisions on cash-in-lieu for development for which it would not otherwise be the review authority. d. Extensions of subdivision preliminary plat approvals for periods greater than two years; e. Planned unit development preliminary plans and major amendments to planned unit developments; f. Conduct public hearing for applications under 76-2-402, MCA; Ordinance No. 15-1914, Revisions to Chapter 38 BMC Regarding Dedication of Parkland Page 16 of 18 g. Appeals from administrative interpretations and final project review decisions; h. Approval of park master plans; i. Large scale retail per section 38.360.190; and j. Exceptions to installation of bikeways and boulevard trails per 38.400.110.E. Section 7 That the Bozeman Municipal Code be amended by revising paragraph 38.220.030.A.10 to read as follows: 10. Parks and recreation facilities. The following information shall be provided for all land proposed to meet park land dedication requirements: a. Park concept plan, including: (1) Site plan for the entire property; and (2) The zoning and ownership for adjacent properties; and (3) The location of any critical lands (wetlands, riparian areas, streams, etc.); and (4) General description of land, including size, terrain, details of location and history, water features, and proposed activities; and (5) Description of trails or other recreational features proposed to connect the proposed park area to other park or open space areas. b. If the applicant intends to request approval of cash-in-lieu, a response to the cash-in- lieu review factors. Section 8 That the Bozeman Municipal Code be amended by adding to Section 38.220.060.A.16 to read as follows: a. Park plan. A park plan, including: (1) Site plan with one-foot contour topographic survey for the entire property; showing developer installed improvements on the initial park plan and proposed future improvements on the future park plan, and phasing proposed if any; (2) Drainage areas; (3) Utilities within, serving, and adjacent to the property; Ordinance No. 15-1914, Revisions to Chapter 38 BMC Regarding Dedication of Parkland Page 17 of 18 (4) The zoning and ownership for adjacent properties; (5) The location of any critical lands (wetlands, riparian areas, streams, etc.) and location of watercourse setbacks and any permits from non-city agencies required to execute the proposed plan; (6) Park landscaping plan, prepared by a qualified landscape professional in accordance with section 38.220.100, showing the location and specific types and species of plants, shrubs, trees as well as grass seed mixes and the irrigation system including but not limited to identification of water source, points of connection, mains, laterals, valves, zones, and sprinkler heads; (7) General description of land, including size, terrain, details of location and history, water features, and proposed activities; (8) Trail design and construction showing compliance with adopted city standards and trail classifications; (9) The requirement for approval of the final park plan by the review authority with a recommendation from the city recreation and parks advisory board prior to any site work; (10) The requirement for a preconstruction meeting prior to any site work; (11) Appropriate sections from the design guidelines for city parks; (12) Cost estimate, and installation phasing and responsibility, and maintenance plan tasks and responsibility for all improvements; (13) If playground equipment will be provided, information including the manufacturer, installation data and specifications, installer, type of fall zone surfacing and age group intended for use shall be provided; and (14) Soils information and analysis;. (15) A description of how the proposed park plan is consistent with the goals of the City’s long range parks plan; (16) A description of how the proposed park will meet the recreational needs of the residents of the development; Ordinance No. 15-1914, Revisions to Chapter 38 BMC Regarding Dedication of Parkland Page 18 of 18 (17) The proposed manner of providing irrigation to the park including water source, amount of water expected to be consumed annually, and proposed manner of transfer of water facilities and rights to the city; and (18) A phase I environmental assessment of the area proposed to be transferred to the City of Bozeman or property owner’s association. b. Park maintenance. (1) Maintenance information, including levels of maintenance, a maintenance schedule, and responsible parties; (2) Weed control plan, including responsible parties; and (3) Plan for garbage collection, snow removal and leaf removal including responsible parties. c. Irrigation information. (1) An irrigation system map generally showing the locations and types of lines, including depth, water source, heads, electric valves, quick couplers, drains and control box; and (2) If a well will be used for irrigation, a certified well log shall be submitted showing depth of well, gpm, pump type and size, voltage, water rights, etc. d. Phasing. If improvements will be phased, a phasing plan shall be provided including proposed financing methods and responsibilities. e. Cash-in-lieu. If the development includes a proposal for cash-in-lieu of park a specific justification responding to the cash-in-lieu review factors established by resolution of the City Commission. If improvements-in-lieu are proposed specific costs of proposed improvements and costs to install shall be provided. Section 9 That the Bozeman Municipal Code be amended by adding to Section 38.220.080.A2 to read as follows: r. When 38.420.020 requires parkland dedication in association with a site plan, and cash-in- lieu of parkland will not be provided, the materials required by 38.220.060.A.16.