HomeMy WebLinkAbout03-05-18 City Commission Packet Materials - A8. Resolution 4614, Authoriity for Cash-in-lieu to the Director of Parks1
REPORT TO: Mayor and City Commission
FROM: Chris Saunders, Community Development Manager
Martin Matsen, Director of Community Development
Mitch Overton, Director of Parks and Recreation
SUBJECT: Adoption of Resolution 4614 to delegate authority for approval of requests for
cash-in-lieu of park land and construction of improvements-in-lieu of parkland to
the Director of Parks and setting the circumstances when such delegation applies.
MEETING DATE: March 5, 2018
AGENDA ITEM TYPE: Action
RECOMMENDATION: After conducting the public hearing, approve Resolution 4614 to delegate
authority for approval of requests for cash-in-lieu of park land and construction of improvements-in-lieu
of parkland to the Director of Parks and setting the circumstances when such delegation applies.
SUGGESTED MOTION: Having reviewed and considered the staff memorandum, public comment,
and all information presented, I hereby move to approve Resolution 4614 to delegate authority for
approval of requests for cash-in-lieu of park land and construction of improvements-in-lieu of parkland
to the Director of Parks and setting the circumstances when such delegation applies.
BACKGROUND: Per Section 76-3-621, MCA and Section 38.27.020 (renumbered as 38.420.020 in
the updated Unified Development Code), BMC, residential development must mitigate its impacts on
the City’s recreational system. That mitigation usually takes the form of dedication and development of
new parks. However, in some cases it is not desirable for a particular development to build a new park.
There are other ways in which development can mitigate its impact. A common alternative is the
payment of money or installation of improvements in existing parks instead of dedicating land.
There are specific procedures in both state law and municipal ordinance that lay out procedures for
establishing a valuation, receiving, and expending funds received for mitigation. On April 10, 2017, the
City Commission approved Resolution 4784, formalizing criteria for evaluating requests for provision of
cash-in-lieu of park land. Those criteria apply for all requests. That resolution also establishes guidance
for approval of construction of improvements to meet the required amount of cash-in-lieu for a project.
The City Commission approved Ordinance 1978 (effective date is March 31, 2018) which will
implement many changes in the City’s land use regulations. All references in this memo and Resolution
4614 are to the new numbering style and location in Ordinance 1978. Reference sections are attached for
convenience. One of those changes is to authorize the City Commission to delegate approval of
Commission Memorandum
315
2
provision of cash-in-lieu of parkland dedication when the Commission does not have to be the review
authority for the overall project.
Resolution 4614 delegates certain authority to the Director of Parks to approve a development to provide
cash-in-lieu instead of land dedication. As the department head directly responsible for the operation of
the Department of Parks and Recreation, they are most familiar with the park system needs and the
respective benefits of a dedication of land or payment of money to mitigate impacts on the park system
in a given location. In applying this delegated authority, the Director of Parks and Recreation will
coordinate with the Director of Community Development who is the overall review and approval
authority for all land development not reserved to the City commission for action.
Resolution 4614 does not alter the process of valuing parkland, establish different development
standards, or alter the criteria for determining when cash-in-lieu of parkland dedication should be
approved. Resolution 4614 is to delegate the Commission’s responsibility for approval of cash-in-lieu of
parkland dedication to the Director of Parks and Recreation. The delegation includes five components as
shown in Section 2 of the resolution. The first three components are specific circumstance where the
municipal code requires the payment of cash-in-lieu rather than dedication of land. This delegation
involves little if any discretionary judgement and is executes the Commission’s approved standard.
Delegation component 4 authorizes the Director of Parks and Recreation to review and approve all cash-
in-lieu request for projects where the City Commission is not required to consider the proposal. Per
38.200.010, BMC the City Commission will be the review and decision authority for all subdivisions,
planned unit developments, conditional use permits, and projects requiring variances. Most park
dedication occurs through the subdivision process. The Director of Parks and Recreation will decide for
all site plans and special use permits. Development adding only one additional dwelling is exempt from
park dedication so projects like accessory dwelling units are exempt. Many of the site plans where cash-
in-lieu is involved are further development of previously subdivided land where density of residential
development is being increased. Therefore, there is some overlap between delegation components 3 and
4.
Delegation component 5 makes clear that if developers propose to meet their obligations in components
1-4 by constructing improvements rather than paying money the same delegation applies.
As with all delegated authority under 38.200.010, an aggrieved party can appeal an administrative
decision to the City Commission. The City Commission also retains the right to reclaim review of an
application when they deem appropriate.
A review of 2017 Commission agendas found that there were five requests for approval of provision of
cash-in-lieu of land dedication. All five requests were associated with site plans. Three of the five site
plans were located within business or industrial districts. Two were located within residential districts.
In 2016, there were two requests for provision of cash-in-lieu of land dedication. Both were site plans.
One was in a residential district and one was in a business district. All were approved, one with
modifications, most were on the consent agenda.
The effective date of Resolution 4614 is coordinated with the effective date of Ordinance 1978 so that
they occur at the same time.
UNRESOLVED ISSUES: None
ALTERNATIVES: 1) Adopt Resolution 4614 as presented.
2) Modify delegation components.
316
3
3) Other action as directed by the City Commission.
FISCAL EFFECTS: No budgeted funds will be directly affected by this resolution. It is expected that
there will be less staff time and commission time needed to prepare and act upon requests for approval
of cash-in-lieu, which will create an incremental cost savings.
Attachments: Resolution 4614
Section 38.200.010
Section 38.420.020
Section 38.420.030
Report compiled on February 21, 2018
317
Page 1 of 3
COMMISSION RESOLUTION NO. 4614
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DELEGATING TO THE DIRECTOR OF PARKS AND RECREATION
EVALUATION OF REQUESTS FOR AUTHORIZATION OF ACCEPTANCE OF CASH-
IN-LIEU OF PARKLAND DEDICATION PER DIVISION 38.420 AND SECTION
38.200.010, BMC.
WHEREAS, Section 76-3-621, MCA requires all new subdivisions to be evaluated for
dedication of parkland according to certain standards; 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 City has adopted Division 38.420, BMC to enact parkland dedication
and development requirements and one of those provisions is the option to make a payment to the
City instead of granting land; and
WHEREAS, the City has prioritized the acquisition of land rather than payments but
also recognizes that under some circumstances it is in the best interest of the City and the developer
to accept a payment in-lieu; and
WHEREAS, the City has established Resolution 4874 to set criteria for evaluation of
requests for approval of cash-in-lieu of park land; and
WHEREAS, when the Commission is not the approval authority for the development
application, Section 38.200.010 authorizes the City Commission to delegate by Resolution the
approval of authorization of acceptance of cash-in-lieu of park land.
318
Resolution 4614, Delegation of Review Authority for Cash-in-Lieu of Parkland
Page 2 of 3
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana:
Section 1
Authority. The authority for delegation to approve or deny requests for authorization of acceptance
of cash-in-lieu of park dedication is established in Section 38.200.010, BMC. The calculation of
park dedication requirements is described in Sections 38.420.020. Cash-in-lieu of park land is
authorized under Section 38.420.030, BMC.
Section 2
Delegation of Authority. The City Commission must conduct the review of applications for some
types of development, such as subdivisions. The City Commission retains review of requests for
authorization for acceptance of cash-in-lieu in association with all applications where the City
Commission is the review authority. When the City Commission is not required by law or
ordinance to be the review authority for a development application, the Director of Parks is
authorized to review and approve or deny requests for authorization of acceptance of cash-in-lieu
of park land in the following circumstances:
1. Location of the project within the B-3 zone district.
2. When, per Section 38.420.020.A.1, BMC the known density of a residential development
exceeds 8 dwellings per acre or its equivalent.
3. When, per Section 38.420.020.A.2, BMC the density of a residential development becomes
known after initial subdivision of land and exceeds 8 dwellings per acre or its equivalent.
4. When park dedication is due per Section 38.420.020.A. and the development is not
otherwise exempted from dedication by Section 38.420.020.B, BMC.
5. This delegation includes approval of acceptance of improvements-in-lieu as a subset of
cash-in-lieu.
Section 3
Restriction of Delegated Authority. The Director of Parks shall apply the review criteria of
Resolution 4784 in determining whether to approve use of cash-in-lieu of park land. In applying
the criteria, the Director shall consider the City Commission preference for acquisition of land.
319
Resolution 4614, Delegation of Review Authority for Cash-in-Lieu of Parkland
Page 3 of 3
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 5th
day of March, 2018. The effective
date of this resolution is the 31st day of March, 2018.
___________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
________________________________
ROBIN CROUGH
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
320
BOZEMAN UDC RE-ORGANIZATION - FINAL Page 6
December 20, 2017 UDC update 1-4-2018
ARTICLE 2. PERMITS, LEGISLATIVE ACTIONS
& PROCEDURES
38.200 Jurisdiction & Scope of Authority
Sec.38.200.010. - Review authority. (38.34.010)
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 article 2 of this chapter;
b. Amendments to the text of this chapter or amendment to the zoning map;
c. Requests for cash-in-lieu of parkland dedications, except:
(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. Appeals from administrative interpretations and final project review decisions;
g. Approval of park master plans;
h. Large scale retail per section 38.360.170; and
i. Exceptions to installation of bikeways and boulevard trails per section 38.400.110.E.
j. Conditional use permits when no board of adjustment is established;
k. More than two deviations or where deviation is for more than 20 percent of standard;
l. Amendments to text or zoning map per 38.260.
2. The city commission conducts public hearing for applications under 76-2-402, MCA.
B. The community development director must, upon recommendation from the applicable advisory
bodies approve, approve with conditions or deny all applications subject to this chapter except
those listed below. Decisions of the community development director are subject to the appeal
provisions of division 38.250 of this chapter.
1. Projects excluded from community development director review:
a. Those applications specifically reserved to another approval authority as stated in this
section;
321
BOZEMAN UDC RE-ORGANIZATION - FINAL Page 7
December 20, 2017 UDC update 1-4-2018
b. Development of city property which does not conform to all standards of this chapter;
c. Any application involving variances from this chapter;
2. Exception. The city commission may, by an affirmative, simple majority vote of its members at a
regularly scheduled meeting reclaim to itself the final approval of a development application
normally subject to the approval of the community development director. The vote must occur
prior to the action of the community development director.
C. When a board of adjustment has been appointed per section 2.05.2800, the board of adjustment
must, upon recommendation from the applicable advisory bodies approve, approve with conditions
or deny those applications specifically delegated to it by the city commission. Decisions of the BOA
are subject to the appeal provisions of division 38.250 of this chapter.
1. Exception. The city commission may, by an affirmative vote of three of its members at a
regularly scheduled meeting reclaim to itself the final approval of a development normally
subject to the approval of the board of adjustment. The vote must occur prior to the action of
the board of adjustment.
D. The city engineer must review and upon recommendation from the applicable advisory bodies as
needed approve, approve with conditions or deny the following site elements and processes:
1. Site access and storm water for reuse and further development per section 38.230.160.B;
2. Location of storm water facilities within neighborhood centers per section 38.410.020;
3. The placement of private utility easements within public rights-of-way owned or controlled by
the city;
4. The maximum length of dead end water mains per section 38.410.070;
5. The maximum length of service lines per section 38.410.070;
6. Exceptions to storm water controls per section 38.410.080;
7. All modifications or proposed standards in section 38.400.101 except section 38.400.010.A.1;
8. Plans and specifications for public infrastructure and infrastructure to be granted to the public
per sections 38.400.060.A and B.1-3;
9. Alternate curb return radii per section38.400.090.C.2.e;
10. Locations and modifications to drive accesses to public streets per sections 38.400.090.G and H;
11. Street improvement standards per section38.400.060;
12. Backing into alleys, parking stall aisle and driveway design for surfacing and curbing per section
38.540.020.D, F and J;
13. Protection of landscaped area per section38.550.050.H;
14. All actions required of the flood plain administrator per article 6 of this chapter;
15. Modifications in required completion time for subdivision improvements per section
38.270.030.B.1;
16. The use of a financial guarantee for paving of streets per 38.270.060.B;
17. The waiver of required information per section 38.220.080.A.2.i(3);
18. Requirement for a traffic impact analysis and determination of its contents per section
38.220.120.A.2.c(5);
19. Specifications for paving of streets and parking areas;
322
BOZEMAN UDC RE-ORGANIZATION - FINAL Page 8
December 20, 2017 UDC update 1-4-2018
20. Designation of street classifications for collectors and arterials not shown in the long range
transportation plan; and
21. Alternate parking angles for surface and structured parking stall configurations listed in Table
38.540.020. All other numeric standards apply.
E. The director of public works must review and upon recommendation from the applicable advisory
bodies as needed approve, approve with conditions or deny the following development elements
and processes:
1. Waiver of the requirement to extend water, sewer, and streets to the perimeter of property
being developed per section 38.410.070;
2. Provision of water rights as authorized in section 38.410.130;
3. Subject to 38.400.060, exceptions to the level of service standards established in section
38.400.060.B.4;
4. Payment of cash in-lieu of capital facilities established in 38.270.070.C; and
5. Acceptable alternative sidewalk design or materials per 38.400.080.
F. The director of parks and recreation must determine the classification of trails per 38.420.110.D.
G. As detailed in division 38.200 of this chapter, the city commission authorizes the applicable advisory
bodies to review and to make recommendations to the review authority regarding development
proposals. Under this section, when advisory boards review and make recommendations to the
review authority they act in a quasi-judicial capacity. Recommendations do not constitute votes of
approval or denial.
H. The city commission or its designated representatives may require the applicant to design the
proposed development to reasonably minimize potentially significant adverse impacts identified
through the review required by these regulations. The city commission or its designated
representatives may not unreasonably restrict a landowner's ability to develop land, but it is
recognized that in some instances the unmitigated impacts of a proposed development may be
unacceptable and will preclude approval of the development as submitted. Recognizing that the
standards of this chapter are minimum requirements and the public health, safety, and general
welfare may be best served by exceeding those minimums, the city commission or community
development director may require as a condition of approval mitigation exceeding the minimums of
this chapter.
Sec.38.200.020. - Administration and enforcement; community development director authority.
(38.34.020)
A. The community development director must administer and enforce this chapter unless a specific
standard is clearly assigned in section 38.200.010 to another authority. The community development
director may be provided with the assistance of such other persons as the community development
director may supervise and those assistants will have the responsibilities as directed by the
community development director.
B. The community development director may in the administration of this chapter consult with other
persons having expertise in relevant subject areas as in the community development director's
opinion is necessary for the review of the proposed development or administration of the chapter.
When an authority other than the community development director is assigned responsibility for a
particular standard that authority must coordinate with the community development director in
administration of that standard.
323
BOZEMAN UDC RE-ORGANIZATION - FINAL Page 291
December 20, 2017 UDC update 1-4-2018
38.420 Park & Recreation Requirements
Sec. 38.420.010. - General. (38.27.010)
Except as provided in 38.420.020.B, all subdivisions and residential developments subject to division
38.230 of this chapter, must comply with the provisions of this division 38.420. The purpose of this
division 38.420 is to comply with sections 76-2-304 and 76-3-621 MCA; to advance the city's adopted
plans for parks, trails and open space; to provide equal protection and treatment for different housing
types and review processes with similar impacts on demand for service; to advance public health by
encouraging and facilitating physical activity; and to address housing affordability.
Sec. 38.420.020. - Park area requirements. (38.27.020)
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 must be provided as a land dedication unless an alternate
method of compliance is approved by the review authority.
1. When the net residential density of development is known, 0.03 acre per dwelling unit of land
must 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 must be met with a cash donation in-lieu of
the additional land unless specifically determined otherwise by the review authority.
b. If net residential density is in excess of eight dwellings per acre, the requirement for
dedication for that density above eight dwellings per acre must be met with a cash donation
in-lieu.
c. When developed as group quarters, such as group living or community residential facilities,
rather than individual dwelling units, in lieu of 0.03 acres per dwelling unit, an area of 575
square feet per resident must be provided.
d. Land dedication or its equivalent must not be required for any 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 must be ten dwelling 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 must be 12 dwelling 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 must be 12 dwelling units or 27
persons in group quarters per acre.
2. If net residential density of development is unknown, 0.03 acres per dwelling unit must be
provided as follows:
a. For initial subdivision or other development:
(1) Within the R-1, R-2, and R-MH zoning districts: an area equal to that required for six
dwelling units or 13.5 persons in group quarters per net acre.
324
BOZEMAN UDC RE-ORGANIZATION - FINAL Page 292
December 20, 2017 UDC update 1-4-2018
(2) Within the R-3, R-4, R-5, REMU, and unless legally restricted from residential uses the
R-O zoning districts: an area equal to that required for eight dwelling units or 13.5
persons in group quarters per net acre.
(3) Within other zoning districts which are intended for residential development: the
equivalent to an area dedication for six dwelling units or 13.5 persons in group quarters
per net acre must 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 be rounded to the
nearest whole number and applied as shown in the following table. All prior provision of
parkland for the project site must count towards the maximum required dedication.
Table 38.420.020.A
Parkland Dedication Provisions
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
575 square feet or
equivalent
27 persons Yes
3. Special case. The city has established chapter 38, division 380, to encourage the provision and
development of affordable housing. Reductions in required parkland dedication are established in
38.380.300. The reductions in parkland dedication to conform to division 38.380, may not
reduce the development's parkland requirements below the minimum established by MCA 76-3-
621.
B. Exceptions. Land dedication or its equivalent cash donation in-lieu of land dedication must not be
required for:
1. Land proposed for subdivision into parcels larger than five acres. Development of a parcel larger
than five acres may require parkland dedication pursuant to 38.420.020.C.
2. Subdivision into parcels which are all nonresidential.
3. A subdivision in which parcels are not created, except when that subdivision provides
permanent multiple spaces for recreational camping vehicles or manufactured homes.
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.
5. A development for which the required amount of parkland is shown to have already been
provided.
325
BOZEMAN UDC RE-ORGANIZATION - FINAL Page 293
December 20, 2017 UDC update 1-4-2018
6. Section 38.420.020.A.2 does 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.
7. Development creating only one additional dwelling unit or increasing occupancy of group
quarters by no more than four persons.
C. 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. To ensure coordination when parks are being created by a multiphase development, the entire
parkland dedication must 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 during later
phases.
E. The following land is unacceptable for parkland 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 must 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 landslides, rock falls, or subsidence areas, debris deposition areas,
environmentally contaminated areas, and land containing deteriorated structures or other 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.
F. When land offered to the city for dedication as parkland 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.
H. Public Use. Land donated or dedicated to meet the requirements of this section must be provided
for public use. The developer must execute the appropriate public access easements on privately-
owned common land. The easements must be held by the city. The city's responsibilities for
parkland dedicated by easement must be the same as for fee simple parkland dedication.
Sec. 38.420.030. - Cash donation in-lieu of land dedication. (38.27.030)
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
must consider the factors established by resolution of the city commission. The approval authority is
governed by section 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.
326
BOZEMAN UDC RE-ORGANIZATION - FINAL Page 294
December 20, 2017 UDC update 1-4-2018
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. The fair market value is the value of the unsubdivided, unimproved
land after it has been annexed and given a municipal zoning designation.
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. The developer must provide an appraisal of the fair market value by a certified real estate
appraiser of their choosing and is responsible for the appraisal fee.
b. 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 be reasonable determined, the
developer may provide an appraisal of residentially zoned property with a zoning designation
that allows the density of dwellings proposed for development.
c. The appraisal provided for the purpose of section 38.420.030 must 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
must be stated on the final plat or plan as appropriate.
E. Where a cash payment or construction of improvements has been accepted in-lieu of land
dedication, the city must record in the meeting minutes or other written decision why the
dedication of land for parks was undesirable.
F. Use of cash donations.
1. The city must 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.
Sec. 38.420.040. - Park use. (38.27.040)
As part of an individual park master plan, the developer must indicate the proposed use of the park as
active, passive, playground, ball field, etc. However, the final use of the park must be determined by the
review authority.
Sec. 38.420.050. - Location. (38.27.050)
A. General. The review authority, in consultation with the developer, recreation and parks advisory
board, and the planning board if applicable, may determine suitable locations for parks and
playgrounds. Parkland must be located on land suitable to and supportive of the activities and
327