HomeMy WebLinkAboutResolution 4614 Authorizing the Director of Parks to Authorize Acceptance of Cash-in-lieu of Parkland U
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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.
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Resolution 4614, Delegation of Review Authorityfor Cash-in-Lieu of Parkland
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 3 8.420.020.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 38.420.020.13,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.
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Resolution 4614,Delegation of Review Authority for Cash-in-Lieu of Parkland
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 51h day of March, 2018. The effective
date of this resolution is the 31 st day of March, 2018.
THI#J
ayor
ATTEST: B ID
`�, • ref •'�? ':
ROBIN CROUCH
City Clerk ;
Tf�T co ;,. _. APP OVED AS TO FORM:
G G ULLIVAN
City Attorney
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