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HomeMy WebLinkAbout01-29-18 City Commission Packet Materials - C2. Cash-in-lieu of Parkland for Flanders Crossing1 Commission Memorandum REPORT TO: Mayor Andrus and City Commission FROM: Danielle Garber, Assistant Planner Martin Matsen, Director of Community Development SUBJECT: Request for Cash In-Lieu of Parkland Dedication for the Flanders Crossing Site Plan, located at 4830 & 4870 Flanders Way, Site Plan Application 17355 MEETING DATE: January 29, 2018 AGENDA ITEM TYPE: Consent (Quasi-Judicial) RECOMMENDATION: That the City Commission approve the request for cash donation in- lieu of parkland dedication in the amount of $3,058.90. BACKGROUND: The subject property is 0.6173-acres, located at the intersection of Flanders Way and Flanders Creek Avenue, and zoned R-O with an underlying growth policy designation of Residential. The site plan application proposes two residential condominium buildings, containing 3 units each for a total of 6 dwelling units. The required parkland for this development is 0.054-acres. The applicant requested to pay cash in-lieu of land dedication in the amount of $3,058.90. The Development Review Committee considered this proposed development at its October 4, 2017 meeting. The review identified several required Unified Development Code (UDC) corrections including the necessity of the City Commission’s approval of an alternative parkland dedication proposal. If the City Commission chooses to not to approve the request for cash donation in-lieu of parkland dedication, the project would necessitate a significantly different 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). Another alternative is to provide cash in-lieu or improvements in-lieu for an existing park site. Flanders Creek Subdivision Park is within one half-mile of the development. The projects is also less than one half-mile from the new Bozeman Sports Park. The project, as proposed, conforms to the minimum density requirements of R-O zoning. The Recreation Parks Advisory Board (RPAB) Subdivision Review Committee considered the request at its December 6, 2017 meeting, concurred with the applicant’s request 6 2 and findings, and unanimously recommended that the Commission accept the cash in-lieu proposal. Based on the site layout, proximity to large parks, residential infill objectives, existing transportation pathways, and the endorsement of the RPAB Subdivision Review Committee, Staff recommends that the Commission approve the applicant’s request for cash in-lieu of parkland dedication. Sec. 38.27.020. - Park area and open space requirements. A. The area required by this subsection shall be provided. 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. When the net residential density of development is known at the time of preliminary plat and 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 at full buildout can be reasonably determined. d. 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. e. The required area dedication or its equivalent shall not be required for any residential density 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 per acre. (2) For development within the R-3, R-4, R-O, and REMU zoning districts, the maximum net residential density shall be 12 dwellings 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 per acre; Based on the parkland calculations pursuant to Section 38.27.020 of the BMC: 9.8 units per acre proposed density – 8 units per acre dedicated = 1.8 units 1.8 units X 0.03 acres/unit = 0.054 Acres 7 3 The appraised value for the fair market value of land that would have been dedicated is $1.30 per square foot. Therefore, the value of the total cash in-lieu of land dedication is $3,058.90. APPLICANT’S PROPOSAL: The applicant proposes to pay cash in-lieu of land dedication in the amount of $3,058.90. 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. 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 R-O (Residential-Office) zoning provides for and encourages the development of multihousehold and apartment development and compatible professional offices and businesses that would blend well with adjacent land uses. Parkland dedication for this property would leave an isolated mini park. A large community park is located within on half-mile of the development, which is served by a complete transportation network. 2. The expressed preference of the developer. The developer requested the provision of cash-in-lieu and supplied the required documentation and appraisal. 3. Location of the site within the B-3 zoning district. B-3 zoning has an automatic allowance for cash in-lieu. Residential developments within the R-O zoning district must obtain City Commission approval to allow for the cash compensation. Parks, Recreation, Open Space, and Trails Master Plan 8.4.3 Cash-in-Lieu Criteria. 1. Proximity to Existing Parkland. Adjacency to existing parks may provide unique opportunities to aggregate and consolidate parkland into larger and more useful parks. The subject property is not directly adjacent to any existing parks. The Flanders Creek Park and the approved but unbuilt Bozeman Sports Park are located within one half- mile of the project. 2. 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. 8 4 The total required parkland dedication is only 0.054- acres. Utilizing Staff time to maintain a public park of this size would be a burden on the City. 3. 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. 4. Trail Connections. Trail connection should be obtained instead of cash-in-lieu. There are existing trail connections within the Flanders Creek Park, as well as a proposed shared use path across the street from the development along the east side of Cottonwood road that would serve the local neighborhood as well as the new High School. 5. Suitability Factors. The suitability may be diminished due to factors such as steep slopes, extremely high groundwater (surface ponding), etc. The city’s transportation system serves the subject property. An existing park and the Sports Park are walking and bicycling distance of the property. Requiring a 0.054-acre park in this location would not be suitable. 6. 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. A Community Park, Flanders Creek Park, is located within one half-mile of the development. The applicant is proposing to utilize cash in-lieu which if approved can be dedicated to either local parks or regional parks like the nearby Sports Park per the needs of the community. There are a sufficient number of parks, both passive within walking distance and active regional parks served by the transportation network. ADVISORY BOARD RECOMMENDATION: The Recreation and Parks Advisory Board (RPAB) Subdivision Review Committee met on December 6, 2017 and unanimously supported the applicant’s proposal of cash in-lieu of parkland dedication in the amount of $3,058.90. UNRESOLVED ISSUE(S): None determined at this time. ALTERNATIVES: 1. Support the staff recommendation and findings to approve the request for a cash in-lieu payment for the project of: $3,058.90 per Sec 38.27.020 2b(2); 2. Approve the request for a cash in-lieu payment in an alternate amount; 3. Deny the request for cash in-lieu; OR 4. As suggested by the Commission 9 5 FISCAL EFFECTS: Per the attached applicant analysis, the appraised value is $1.30 per square foot. The applicant proposes to pay 3,058.90. Therefore, the anticipated cash in-lieu payment for this project is $3,058.90. Attachments: Land Appraisal Site Plan Applicant Parkland Calculations and Narrative RPAB Subdivision Review Committee Memorandum 10 11 12 13 14 15 16 17 18 19 20 21