HomeMy WebLinkAboutBozeman Peaks Condominiums Parkland Waiver No. Z-06079A.pdf Report Complied On April 14, 2010
REPORT TO: Honorable Mayor & City Commission
FROM: Brian Krueger, Associate Planner
Chris Saunders, Interim Planning Director
Chris Kukulski, City Manager
SUBJECT: Bozeman Peaks Condominiums Parkland Waiver #Z-06079A
MEETING DATE: April 19, 2010
AGENDA MEETING ITEM: Action
RECOMMENDATION: That the City Commission adopts the findings presented in the staff
memorandum and approves a parkland waiver of one acre for the Bozeman Peaks Condominiums #Z-
06079A under the conditions that a public access easement be provided for the parkland equivalent area and
that improvements to the area meet the minimum requirements of the City’s Parkland Design Specifications
within the Parks, Recreation, Open Space, and Trails Plan.
BACKGROUND: The Human Resources Development Council (HRDC) has submitted an application to
modify the site plan for the Bozeman Peaks Condominiums to lessen the dwelling unit density, to reduce the
total buildings to be constructed, and to re-orient and increase the landscaped open space on site. In 2006, the
City granted approval to the original Bozeman Peaks Condominiums application located at 244 Cottonwood
Road, at the intersection of Fallon Street and Cottonwood Road. The original approval consisted of four 24
unit multifamily buildings with associated parking, circulation, landscape, and open space. One 24 unit
building was constructed with the original approval.
The HRDC has acquired the project and plans to develop future phases as an affordable housing project.
Staff has processed an administrative application for the proposed modifications and the Interim Planning
Director is ready to grant approval of the modification requests. As part of the modification application, the
HRDC is requesting a parkland waiver for the project. Title 18 of the Municipal Code requires that the City
Commission make all final decisions regarding dedication of parkland, parkland waivers, or cash in lieu of
parkland. The Bozeman Peaks Condominiums residential site plan was required to provide cash in lieu of
dedicated parkland for the project as parkland was not being provided on site nor was parkland for the
residential uses acquired by the City during the subdivision that created the lot for the Bozeman Peaks
Condominiums project. A total of 1.336 acres of parkland cash in lieu was required for the entire project.
With the first 24 unit building constructed with phase 1 the original developer paid $55,378 into the City’s
cash in lieu of parkland account. $55,378 was the prorated share for the first 24 dwelling units and was
based upon an appraisal and land values in 2006.
The HRDC has proposed to decrease the density of site to include a total of three buildings with 84 dwelling
units. The site plan has been reoriented to provide a larger and more usable open space on site. As such the
HRDC requests a parkland waiver per Section 18.50.100.B BMC. Section 18.50.100.B states “The City
Commission Memorandum
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Report Complied On April 14, 2010
Commission shall waive the park dedication or cash donation in lieu of land dedication requirement if land
equal to or exceeding the area of the dedication otherwise required by this chapter is set aside by one of the
following means…B. the proposed development provides for a planned unit development or other
development with land permanently set aside for park and recreation uses sufficient to meet the needs of the
persons who will ultimately reside in the development.”
The larger open space on site is proposed to function as “parkland equivalent” and is proposed to be
developed with amenities such as play areas, landscaping, pedestrian furniture, sidewalk connections, and
gardens. The “parkland equivalent” area is in addition to private residential open space required by the
zoning ordinance for residential multifamily projects. The site plan proposes an additional 5,582 square feet
of open space on site directly adjacent to the “parkland equivalent” area and west of the existing 24 unit
building constructed with phase 1.
Staff reviewed the proposal with the City of Bozeman Recreation and Parks Advisory Board (RPAB)
Subdivision Committee at their March 19, 2010 meeting. The RPAB committee found merit in the proposal
and stated that “useable and onsite recreation area is almost always a preferable choice to cash or offsite
dedication.” The committee acknowledged that a waiver approval would result in a loss from the cash in lieu
of parkland fund without increasing the city’s inventory of dedicated parkland. Overall, the RPAB
committee recommended approval of the waiver request with a requirement for a public access easement for
the “parkland equivalent” area and that the applicant improve the area in accordance with the City’s design
specifications for parkland.
The total loss to the parkland cash in lieu account if this parkland waiver were granted is difficult to
determine. In 2006, the appraisal completed for the cash in lieu of land dedication stated land values at $3.80
per square foot. In 2006 the parkland cash in lieu for the 1.336 acres of parkland required was $221,145. If
one deducts the cash in lieu amount paid with phase 1 of $55, 378 a balance of approximately $166,000
remained to be paid. Since 2006 land values have declined. If a new appraisal were completed today staff
estimates the amount due for the balance of parkland cash in lieu required would be well below $150,000.
The reduction in units proposed by HRDC does not have a material effect on the parkland required for the
project as the zoning ordinance caps the parkland cash in lieu amount required at 12 dwelling units to the
acre. Even with a reduction of ten dwelling units the total project density is still above 12 units to the acre.
Other dedicated and improved parkland within the vicinity is located at the Loyal Garden Subdivision (.25
mi. south), Bronken Park (.75 mi. north), Valley West Subdivision(.50 mi. northeast), and future Norton East
Subdivision (.25 mi. east).
Staff finds that the “parkland equivalent” area proposed in the Bozeman Peaks Condominiums is sufficient to
meet the needs of the persons who will ultimately reside in the development. With the addition of the
recommended public access easement and the design requirement to meet parkland standards, the “parkland
equivalent” area will be preserved in perpetuity for the use and enjoyment of residents and the public alike.
Additionally, staff finds that the quality of the improvements and character proposed for the “parkland
equivalent” area will encourage high use of the area by residents. Staff finds that numerous additional
dedicated parkland areas are in close proximity to the project if larger areas are needed for more active sports
and recreation. The RPAB findings are made in the attached memorandum dated March 19, 2010.
UNRESOLVED ISSUES: None determined at this time.
FISCAL EFFECTS: See fiscal conversation in background. Potential loss of +/- $140,000 into the
City’s parkland cash in lieu of land dedication fund.
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Report Complied On April 14, 2010
ALTERNATIVES: 1) Approve the parkland waiver as recommended above by Staff and the RPAB.
2) Approve the parkland waiver with no conditions.
3) Deny the parkland waiver request.
· The applicant could then pay cash in lieu of the parkland dedication
required for the development as previously approved in the original
2006 file with an updated appraisal to reflect today’s land values; or
· The applicant could propose any of the other options for consideration
under 18.50.100 BMC such as offsite dedication, land dedication to
School District 7, etc. Any proposal under this option would have to
return to the City Commission for approval.
Attachments: RPAB Subdivision Committee Memorandum dated March 19, 2010
Application materials
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Proposed Parkland Equivalent(1 acre)40
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