HomeMy WebLinkAbout020 Parkland Outline
October 21, 2022
Parkland Narrative
Shady Glen Planned Unit Development
Planned Unit Development Preliminary Plan - PUDP
Subdivision Preliminary Plat Application - PP
Section 38.420.030. – Cash Donation In-lieu of Land Dedication.
In response to direction provided by the City of Bozeman Planning Department in their letter dated
March 3, 2020, the applicant is requesting to provide cash in-lieu of a land dedication. Per the March 3,
2020 letter, “The DRC would be in support of eliminating the requirement for dedicated parkland and
receiving cash-in-lieu for parkland. The area that is within the floodway, floodplain, and watercourse
could be a combined open space lot. This open space lot would require a deed restriction for wetlands
to be associated with it.”
Based on multiple discussions with city planning representatives, per recommendation we have chosen
to provide cash in-lieu of parkland dedication. By providing fair market cash value in-lieu of parkland,
we intend to preserve the existing federally protected wetlands as a wildlife refuge and preserve an
extension of the natural riparian corridor surrounding the East Gallatin River, thus complementing the
natural areas of the Glen Lake Rotary Park.
· The Applicant is requesting a cash-in-lieu of dedicated parkland per UDC 38.420.030 and per
recommendation in the City’s March 3, 2020 memo.
o Trails do not encroach on the wildlife habitats, protecting the refuge from human intrusion.
o The proposed wildlife refuge area is 7.13 acres.
o A community picnic and play area is proposed to be constructed at the southeast corner of the
property at the perimeter of the wildlife refuge area. This area will be adjacent to the dual-use
pedestrian/emergency access connecting Shady Glen Lane to Commercial Drive, offering
community members opportunities to socialize, experience and view the habitat and provide
educational opportunities through its use.
o The wildlife refuge will be owned and maintained by the Shady Glen HOA. Appropriate Deed
restrictions will be implemented.
o The Shady Glen HOA will require homeowners with lot lines adjoining the wildlife preserve to
provide fencing to protect wildlife from pets and vice versa.
References to Commission Resolution No. 4784 and DRC Letter Dated December 22, 2020.
The Applicant is submitting a request for Cash in Lieu of dedicated parkland in accordance the above
referenced UDC section as per the City Commission Resolution No. 4784.
Section I – Review Factors
· The Dedication of the Wildlife Refuge along with the Cash in Lieu, is a solution that is of mutual
benefit to the City and the Developer.
o The DRC and City have indicated support for eliminating the Parkland requirement in
exchange for cash-in-lieu.
Shady Glen PUD – Parkland Narrative October 21, 2022
Planned Unit Development Preliminary Plan
Subdivision Preliminary Plat
Page 2
o the project will create a unique neighborhood amenity through the preservation of
approximately 7.13 acres (60% of the total site), exclusive of the play area and
gathering space, as a prime riparian habitat and wildlife refuge.
o The wildlife refuge will protect the wildlife movement areas and the existing federally
protected wetlands, water bodies, and wildlife habitat from negative human impacts.
o The creation of the wildlife refuge meets or exceeds several objectives with the
Bozeman Community Plan, including protection of wildlife habitat and natural areas
LU 4.1, creation of well-defined neighborhoods LU 4.3, and protect, restore, and
enhance the benefits of wetlands by creation of the wildlife and federally protected
wetlands E 1.2.
· The desire and suitability of the land within the proposed development is ideally suited for a
wetland and wildlife refuge.
· The development is in close proximity to existing parks and recreation facilities.
o The proposed development is directly adjacent to the Glen Lake Rotary Park.
o The Proposed development is approximately .16 miles from Story Mill Park, which will
also serve as the Shady Glen Neighborhood Center per UDC Section 38.410.020.
o The proposed development is approximately 0.15 miles away from the Bridger Creek
Golf Course.
· The parks near the proposed development offer numerous and varied functions and facilities in
accordance with the City’s Park Master Plan.
· The wildlife refuge and other open spaces within the development will be maintained by the
Shady Glen HOA.
· The cash-in-lieu and dedication of the wildlife refuge is an expressed preference of the City
Parks Department.
Section 2 – Definitions
· Not Applicable
Section 3 – Guidance for Application Factors
· The proposed cash-in-lieu is consistent with the density requirements of the BMC.
· The development will maintain the wildlife refuge along as well as the open space within the
development including the gathering area and play area.
· Due to existing wetlands and other property constraints, the requirements for frontage and
accessibility etc. are difficult and impractical to achieve in a desired or functional manner.
· Although the wetlands and wildlife refuge will essentially become an extension of Glen Lake
Rotary Park, the city has indicated a preference not to accept the 7.13 acres as parkland.
· The proposed development will provide trail connectivity to the adjacent park.
· Travel distance to adjacent parks (Story Mill and Glen Lakes) are both within ¼ mile.
Shady Glen PUD – Parkland Narrative October 21, 2022
Planned Unit Development Preliminary Plan
Subdivision Preliminary Plat
Page 3
· The proposed development is within an area adequately served by the City Park Master Plan.
· The Proposed development will provide a gathering area and play area within the development
which will be maintained by the Shady Glen HOA.
· City representatives have determined that the wetlands and wildlife refuge are not suitable for
parkland due to environmental and natural resources constraints.
· The ash-in-lieu and dedication of the wildlife refuge is an expressed preference of the City Parks
Department.
Section 4 – Improvements in Lieu
· Not Applicable to this Application,
Section 5 – Effective Date April 11, 2017
· Not Applicable to this Application.