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02-27-17 City Commission Packet Materials - C3. Sobo Lofts Cash-in-Lieu Request
1 Commission Memorandum REPORT TO: Mayor Taylor and City Commission FROM: Mayana Rice, Associate Planner SUBJECT: Request for Cash in Lieu of Parkland Dedication for the Sobo Lofts Mixed Use Development, 718 West Babcock Street, Application 16534. MEETING DATE: February 27, 2017 _________________________________________________________________________________________________ AGENDA ITEM TYPE: Consent RECOMMENDATION: The City Commission approves the request for cash in-lieu of parkland dedication requires payment of $11,519.44. BACKGROUND: The subject property is 0.65 acres, located at the intersection of 7th Ave and W. Babcock St, separated into a number of parcels which will be combined through a subdivision exemption process. The parcels are zoned B-2M with an underlying growth policy designation of Community Commercial Mixed Use. The proposed project is 42 one-bedroom units with 3,000 SF of commercial on the ground floor. The parking for this project has been met and is located within a parking structure wrapped with the commercial and residential uses. The project is also requesting demolition of both the existing commercial building and the non- contributing structure that is a dwelling unit. The Development Review Committee process has been utilized to ensure that the proposed development is meeting the criteria of the Unified Development Code (UDC). The review identified the proposal meets the UDC criteria with the need for the City Commission to approve an alternative parkland dedication proposal. If the City Commission chooses to not recommend approval of the parkland dedication the project would be required to be resubmitted with an alternative design. There are a number of ways the UDC provides for satisfying the parkland dedication requirements, with the number one choice being physical land. The applicant must identify if dedicating parkland can be accomplished on the site, within the surrounding vicinity or through the protection of a unique feature (wetlands, historic location or other feature). 13 2 Another alternative is to provide cash in lieu or improvements in lieu for an existing park site. To understand what solution should be applied for Sobo Lofts a review was completed of UDC Sec 38,27.020. Sec. 38.27.020. - Park area and open space requirements. 2. If net residential density of development is unknown, 0.03 acres per dwelling of land dedication or its equivalent shall be provided as follows: b. For subsequent development when net residential density becomes known, the net residential density per acre shall be rounded to the nearest whole number and applied as follows: (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. Based on the parkland calculations per Section 38.27.020 of the BMC for 12 units per acre of known density: • Cash-in-lieu for maximum known density not to exceed 12 units/ac 0.65 acre site X 12 units/acre X 0.03 acres= 0.234 acres The appraised value for the land is $1.23 per square foot. Therefore, the value of a total “cash in-lieu” is: $12,537.44 APPLICANT’S PROPOSAL: The applicant has proposed receiving credit for the existing single household dwelling unit that will be removed. The request comes with a finding that parkland dedication fees are for impacts created, not those which have already been in place. • Cash-in-lieu for 11units/ac 0.65 acre site X 11 units/acre X 0.03 acres= 0.215 acres The appraised value for the land is $1.23 per square foot. Therefore, the value of a total “cash in-lieu” is: $11,519.44 FINDINGS FOR SUPPORT: The goal of parkland dedication is to provide publicly dedicated land for recreational purposes to mitigate the impacts of additional residents need for services. The code states that applicants can request to accomplish their parkland requirements with a cash donation in-lieu of land dedications. Sec. 38.27.030. - Cash donation in-lieu of land dedication. 14 3 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. When making this determination, the review authority shall consider the following: 1. The desirability and suitability of land for parks and playgrounds based on size, topography, shape, location or other circumstances; and This location of this project is within the newly created B-2M. The intent of the B-2M community business district—mixed is to function as a vibrant mixed-use district that accommodates substantial growth and enhances the character of the city. This district is focused on infill and redevelopment that utilizes the existing services and provides support through compensation. 2. The expressed preference of the developer. The developer is in support of the cash-in-lieu. 3. Location of the site within the B-3 zoning district. B-3 zoning has an automatic allowance for cash-in-lieu. B-2M projects must obtain City Commission approval to allow for this compensation. The intent of B-2M is to promote infill and redevelopment. This project does satisfy the PROST plan 8.4.3 Cash-in-Lieu Criteria. 1. Size of Land Available for Parkland. When only small pieces of parkland are available it may be preferable to get the cash-in-lieu. However, these small parcels might make perfect mini parks if need is demonstrated by this plan. The total parkland dedication is only 0.215 acres. Utilizing park staff time to maintain a public park of this size would be a burden on the City. 2. Housing Density/Infill Projects. Lower-density development is characterized by lots with yards, whereas high-density lots typically do not have large yards; high density development may, in fact, have a greater need for parkland than low-density. This is an infill project. The code requires the applicant to provide compensation to ensure the existing parks can adequately accommodate the additional dwelling units. 3. Trail Connections. Trail connection should be obtained instead of cash-in-lieu. No trail connection is being obtained. 4. Suitability Factors. The suitability may be diminished due to factors such as steep slopes, extremely high groundwater (surface ponding), etc. The area is close to downtown with a complete sidewalk system, within walking distance of existing parks, close to regional parks, and has a transit stop adjacent to the development for accessibility to the larger City parks system. Requiring a 0.215 acre park in this location would not be suitable. 15 4 5. Service Area. State law states that cash-in-lieu funds can be spent only if the “park, recreational area, open space, or conservation easement is within a reasonably close proximity to the proposed. The applicant is proposing to utilize the cash in-lieu which if approved can be dedicated to either local parks or regional parks per the needs of the community. There are a sufficient number of parks, both passive within walking distance and active regional parks. REVIEW BOARDS AND STAFF: The Recreation and Parks Advisory Board (RPAB) met on February 16, 2017 and unanimously supported the applicant’s proposal of cash in lieu with a reduction for an existing dwelling unit. PUBLIC COMMENT: Staff has received a number of public comments. Albeit, those comments are related to the site plan and not specifically to the parkland requirements. The public comments that have been received will be reviewed by the Director of Community Development. This project will be reviewed by DRC with the decision for approval or denial by the Director. ALTERNATIVES FOR CONSIDERATION BY THE CITY COMMISSION: • Support the staff recommendation and findings to approve the request for a cash in- lieu payment for the project of: $11,519.44 per Sec 38,27.020 2b(3). • Deny the request for cash-in-lieu. FISCAL EFFECTS: Per the attached applicant analysis, the appraised value is $1.23 per square foot plus foregone parking improvements. Therefore, the anticipated cash in-lieu payment for this project is $11,519.44.. Attachments: Land Appraisal Site plan Applicant Parkland Calculations and Narrative 16 S S S S S E E E E E G G G G G SD SD SD SD SD W W W W W C C C C C X X X X X UP W W W W W W W W W W W W W S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S E E E E E E E E E E E E E E E E E E E E E E E E S S S S S S S S S S S S S S S S S S S S S S S S S S S S SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W SD SD SD SD SD SD SD SD SD SD SD SD S S S S S S S S SD SS SD SD SD SD SD SD SD SD SD SD S S S S S S S SD SD SD SD E E E E E E E E E E E E E E E E E E E E E E E E E E E E W W W W W W W W W W W W W W W W W W SD SD X X X X X X X X X X X X X X X X X X X X X G G G G G G G E E E E E E E C C C C C C C C E E E E E LINE TYPE LEGEND PROPERTY LINE SETBACK LINE FENCE COMMUNICATION LINE WATER LINE STORM DRAIN LINE GAS LINE ELECTRICAL LINE SEWER LINE 0" SETBACK PRIVATE STORAGE LANDSCAPE SETBACK 10' - 0" Robert J. Pertzborn, AIA Pizza Hut 708 West Babcock Street Bozeman, MT 59715 December 30, 2016 Dear Mr. Pertzborn, As per your request I have gathered some data to estimate a market value for your B-2M land on a per square foot basis with a legal description of: Gallatin County, Montana. Lots 1-7 in Block 3 Park Addition, in the SE ¼ of Section 12, T2S, R5E, P.M.M. City of Bozeman, Gallatin County, Montana. The purpose of the estimate is for you to establish the market value for the City of Bozeman’s Cash in Lieu Parks Program. The valuation is not on your piece of land, but on what annexed speculative development land with a similar use would bring in the open market. The following sales have been used to estimate a value on a per square footage basis. Thus the compiled sales on the following pages are of sites that are speculative development land with somewhat similar characteristics when compared to the subject. 18 19 20 21 Subject Site 22 Sale 1 is almost identical to what the City has requested as far as similar zoning-use, annexation and future use. Sale 1 is an R-4 zoning, that is annexed into the City but is unimproved, water and sewer are available, but the offsite improvements are not complete. Based upon Sale 1 that just closed and is the most similar to the use proposed for your site, I would estimate the Cash in Lieu value at $1.23psf or $53,600 per acre. If I can be of further assistance, please do not hesitate to contact me. Sincerely Keith O’Reilly, MAI General Certified Appraiser State of Montana #400 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 COMMERCIAL SHELL SPACE PARKING GARAGE (25 SPACES) SOUTH PARKING (19 SPACES) WEST PARKING (8 SPACES) FIRE RISER/ MECHANICAL FENCE BIKE RACK RETAINING WALL ELECTRICAL TRANSFORMER ( LOCAL, 60'-0" R.O.W.) (MINOR ARTERIAL, 60'-0" R.O.W.) PROPERTY LINE 219.75' PROPERTY LINE 219.74' PROPERTY LINE 128.71' ALLEY (20'-0" R.O.W.) ON STREET PARKING (4 SPACES) PROPERTY LINE 128.97' 6" WATER 10" STORMWATER 18" SEWER 6" WATER WEST BABCOCK STREET SOUTH SEVENTH AVENUE REMOVE TREE RELOCATED POWER POLE 8" SEWER VISION TRIANGLE FENCE DRIVE ACCESS DRIVE ACCESS DRIVE ACCESS WATER LINE TO BE REMOVED EXISTING STOP SIGN AWNING ABOVE NEW UTILITY LINES, SEE CIVIL AJACENT OFFICE STRUCTURE ALLEY ACCESS VISION TRIANGLE DRAINAGE, SEE CVIIL RELOCATED POWER POLE R-4 ZONING B-2M ZONING KNOX BOX PRIVATE STORAGE BUS STOP BALCONIES ABOVE AWNING ABOVE SIDE YARD SETBACK 5' - 0" ON STREET PARKING (3 SPACES) MASONRY SCREEN WALL R PL PL PL PL PL PL R PL PL PL PL R PL SM BALCONIES ABOVE SETBACK 0" R-4 ZONING R-2 ZONING B-2M ZONING STOREFRONT GLAZING BENCH BENCHES C C C C C C C V A COMMERCIAL ENTRY COMMERCIAL ENTRY RESIDENTIAL ENTRY RESIDENTIAL ENTRY RESIDENTIAL ENTRY STREET CORNERVISION TRANGLE (SEE APROVED DEVIATION) HANDRAILS HANDRAILS PL SM R S S S S R R ELECTRICAL METERS GAS METERS CONSTRUCTION DUMPSTER LOCATION CONSTRUCTION STAGING LOCATION 9,172 SF Room 7' - 9 19/32" 23' - 11 31/32" 6' - 0 13/32" NEW CANOPY TREE & TREE GRATE PLANTING LEGEND EXISTING TREE TO REMAIN EXISTING TREE TO BE REMOVED PROPOSED NEW TREE SYMBOL LEGEND PATH LIGHTING FIXTURE RECESSED FIXTURE COMPACT PARKING SPACE SIGN SURFACE MOUNTED FIXTURE ACCESIBLE PARKING SPACE SIGN VAN ACCESIBLE PARKING SPACE SIGN C V A S STREET SIGN - SEE CIVIL sheet project code address revisions © 2016 INTRINSIK PRELIMINARY NOT FOR CONSTRUCTION 111 North Tracy Ave. Bozeman, Montana 59715 Ph: 406.582.8988 Fax: 406.582.8911 \\BIGGRAY\FolderRedirection\sfreimuth\Documents\DHH CENTRAL_sfreimuth_ tree study.rvt A1.1 DHH SOBO LOFTS MIXED USE BUILDING SITE PLAN 718 WEST BABCOCK BOZEMAN 2017-01-20 A1.1 1" = 10'-0" 1 SITE PLAN N No. Description Date 17