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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Andy Epple, Planning Director
Chris Kukulski, City Manager
SUBJECT: Baxter Springs Condominiums Request for Cash in Lieu of Land Dedication
File No. Z-06098
MEETING DATE: Monday, June26, 2006 Consent Item
BACKGROUND: The Planning Office has received an application of the development of an 136
dwelling unit condominium project on 9.24 acres located on Baxter Lane. The property is zoned R-
4, High Density Residential. The Planning Office is processing this application as a preliminary site
plan with a Certificate of Appropriateness for the North 19th Avenue Entryway Corridor.
UNRESOLVED ISSUES: The project site contains the headwaters of West Catron Creek and
as such approximately 1/3 of the 9.24 acre site is designated as watercourse and wetland setback area
under the jurisdiction of the Army Corp of Engineers. Title 18 of the Bozeman Municipal Code
states that watercourse setback areas can not be used to satisfy the required parkland dedication
required for residential projects. In order to meet the density envisioned by the Bozeman 2020
Community Plan for this High Density Residential area with the constraints of the watercourse and
setback areas the required parkland dedication will need to be provided with cash in lieu. Section
18.50.030 of Title 18 states “The City Commission may determine whether the park dedication must
be a land dedication, cash donation in-lieu of land dedication or a combination of both.” The City
Commission shall consider the following when making this decision 1) the desirability and suitability
of land for parks and playgrounds based on size, topography, shape, location or other circumstances;
and 2) the expressed preference of the developer. The developer has requested to provide all of the
land dedication required, approximately 3.06 acres, with a cash donation in lieu. Staff supports this
request and finds that in order for this project to meet the density envisioned by the Bozeman 2020
Community Plan for High Density Residential with the onsite constraints of the West Catron Creek
corridor watercourse and associated setbacks that cash be accepted in lieu of park land donation.
Staff further finds that this is in accordance with the expressed preference of the developer and that
Rose Park is in the immediate vicinity and directly connected by a regional trail and will provide
adequate parkland to support this project.
RECOMMENDATION: The City Commission accepts staff’s findings and allows cash in lieu of.
land dedication for the Baxter Springs Condominiums, File No. Z-06098
FISCAL EFFECTS: Fiscal impacts are undetermined at this time.
ALTERNATIVES: As suggested by the City Commission.
Respectfully submitted,
_________________________________ _________________________________
Andrew Epple, Planning Director Chris Kukulski, City Manager
Attachments: Site Plan Baxter Springs Condominiums