HomeMy WebLinkAbout09-24-07 Approve Cash-in-lieu of Parkland 7
Report compiled on September 19, 2007
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Martin Knight, Assistant Planner
SUBJECT: Cash-in-lieu of Parkland dedication for Links Condos SP, #Z-07158
Consent Item
MEETING DATE: Monday, September 24th, 2007
BACKGROUND: The Links Condos Site Plan application is requesting the construction of an
18-unit condominium development, and related site improvements, on 3.76 acres of property
located on the west-side of Birdie Drive between Bridger Drive and Boylan Road; and is legally
known as lot 57a of the amended plat of lots 56, 57, and 58a, Bridger Creek Subdivision Phase 1,
City of Bozeman, Gallatin County, Montana. Pursuant to UDO Section 18.50 (Park & Recreation
Requirements), parkland dedication, or cash-in-lieu of, is required for all residential development.
The applicant has requested to provide cash-in-lieu of parkland for the 0.54 acres of parkland that
would be required for this development. Given the appraisal that has been submitted with this
request, this cash-in-lieu contribution would amount to approximately $58,000. This cash-in-lieu
request is only for lot 57a (located on the west-side of Birdie Drive); any residential
development that occurs on the vacant parcel on the eastside of Birdie Drive (lot 56) will also be
required to provide parkland dedication, or cash-in-lieu of.
Through the Bridger Creek Subdivision, the subject properties were originally zoned B-1
(Neighborhood Business District), thus, parkland dedication was not required for these properties.
Since this time, a zone map amendment has been completed and has resulted in an R-3 (Residential
Medium Density District) zoning designation for the subject property. Again, pursuant to UDO
Section 18.50 (Park & Recreation Requirements), parkland dedication, or cash-in-lieu of, is required
for all residential development. Given the size of the property and surrounding developments, the
applicant has indicated that the property does not provide a suitable or desirable park or playground
location. Furthermore, due to the small size of the parkland required, it is the developer’s preference
to provide the City of Bozeman with a cash contribution to support the creation and maintenance of
more suitable parkland within the City.
On September 14th, 2007, the R&PAB Subdivision Review Committee reviewed this proposal;
attached, please find comments from Stuart Jennings, member of the R&PAB Subdivision
Review Committee, regarding.
UNRESOLVED ISSUES: The Department of Planning is not aware of any unresolved issues for
the proposed development at this time.
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Report compiled on September 19, 2007
Commission Memorandum
RECOMMENDATION: The City Commission accepts the cash-in-lieu of parkland dedication
request for lot 57a of the Bridger Creek Subdivision in fulfillment of Condition #1 for the Links
Condos Site Plan #Z-07158.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased
costs to deliver municipal services to the property.
ALTERNATIVES: The dedication of 0.54 acres of parkland, or, other alternatives as suggested
by the City Commission.
CONTACT: Please feel free to email Martin Knight at mknight@bozeman.net if you have any
questions.
APPROVED BY: Andrew Epple, Planning Director
Chris Kukulski, City Manager
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planning • zoning • subdivision review • annexation • historic preservation • housing • grant administration • neighborhood
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CITY OF BOZEMAN
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
Alfred M. Stiff Professional Building
20 East Olive Street
P.O. Box 1230
Bozeman, Montana 59771-1230
phone 406-582-2260
fax 406-582-2263
planning@bozeman.net
www.bozeman.net
MEMORANDUM
____________________________________________________________________________________
TO: R&PAB Subdivision Review Committee
FROM: Martin Knight, Assistant Planner
DATE: September 13, 2007
RE: Links Condos Site Plan, #Z-07158
____________________________________________________________________________________
Said application would permit the construction of an 18-unit condominium development, and related site
improvements, on property located on Birdie Drive in the Bridger Creek Subdivision. Please refer to the
vicinity map below:
PROPOSAL
The property owners, Golf Course Partners, Inc., represented by Morrison-Maierle, Inc., have requested the
following:
• Section 18.50.030 “Cash Donation in Lieu of Land Dedication” to provide cash in lieu of the required
0.54 acres of land required to be dedicated for parks.
Through the Bridger Creek Subdivision, the subject properties were originally zoned B-1 (Neighborhood
Business District), thus, parkland dedication, or cash-in-lieu of, was not required for these properties. Since
this time, a zone map amendment has been completed and resulted in an R-3 (Residential Medium Density
District) zoning designation for the subject property. Thus, pursuant to UDO Section 18.50 (Park &
Recreation Requirements), parkland dedication, or cash-in-lieu of, is required for all residential development.
The amount of parkland required for the subject property is approximately 0.54 acres. Given the size of the
property and surrounding developments, the applicant has indicated that the property does not provide a
suitable or desirable park or playground location. Furthermore, due to the small size of the parkland
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required, it is the developer’s preference to provide the City of Bozeman with a cash contribution to support
the creation and maintenance of more suitable parkland within the City.
Planning Conditions:
1. Parkland, or cash-in-lieu of, must be provided. A formal request for cash-in-lieu of parkland must
be submitted to the Planning Department. A fair market appraisal shall be provided for the
calculation of cash-in-lieu of parkland. This appraisal shall be for the fair market value of un-
subdivided, un-improved, annexed, and zoned property. This appraisal shall be no sooner than 90
days prior to the submittal. The City Commission must approve all cash in lieu donations for park
land. This must be completed prior to Final Site Plan approval.
UDO Code Provisions:
• Applicant shall pay cash donation in lieu of land dedication pursuant to 18.50.030 of the Bozeman
Unified Development Ordinance.
• A modification of the “Certificate accepting Cash Donation in-Lieu of Land Dedication” shall be placed
on the Final Site Plan pursuant to Section 18.50.30.D of the Bozeman Unified Development Ordinance.
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Date: September 17, 2007
To: Martin Knight
From: Stuart Jennings
Re: Bridger Creek Parks and rezoning of property on Birdie Drive
I received a copy of your memo to R&PAB Subdivision Review Committee dated
September 13, 2007 regarding the Links Condos Site Plan, #Z-07158. I would like to
offer a few comments.
In the site map provided in the memo (Figure 1 below) the text states that “said applicant
would permit the construction of an 18-unit condominium development”. The figure
shows a blue cross hatched area identifying the property owned by Golf Course Partners.
Figure 1. Vicinity map provided by Martin Knight to R&PAB, Sept 13, 2007.
I would like to point out that the memo identifies the 0.54 acres of required parkland and
states that “…the applicant has indicated the property does not provide a suitable or
desirable park or playground location. Furthermore, due to the small size of the parkland
required, it is the developer’s preference to provide…cash” in lieu of parks. I do not
agree with the developer and I believe the statement is misleading. It is my
understanding that the 18 condominium units will be built only on the west side of Birdie
Drive or approximately one-half of the land area shown in Figure 1 as blue cross-hatch.
The total parkland available from building both sides of Birdie Drive would be closer to 1
acre. I believe a very nice park could be developed using 1 acre of parkland and/or trails.
From my knowledge of the PROST plan I believe a future trail corridor is identified
along the south edge of the property and not reflected in any planning by the developer
Figure 2).
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Figure 2. Existing, proposed, in construction and potential future trail locations.
It is also noteworthy that Phase 1 of Bridger Creek is short of parkland. In Figure 3 the
two pieces of parkland dedicated are located east and west of the Birdie Drive parcel and
shown in green. Of particular interest to the residents with children is the lack of flat,
grassy play areas. The triangular eastern park area is undeveloped, uneven, infrequently
mowed and contains a large stormwater conveyance ditch on the east side. This park also
has no road access and only access by trail. This park was not completed by the
developer and improvements are contingent on limited funding by the Homeowner’s
Association. It will likely be many years before the park is completed and it will always
be a small park with limited access. The park land on the west side of Bridger Creek
Phase 1 is mostly occupied by a stormwater retention pond and associated ditches. While
this park works fine as a trail buffer and open space it does not provide any large play
areas with grass.
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Figure 3. Location of Bridger Creek Phase 1 parkland and development for use as
stormwater control facilities.
When Bridger Creek Subdivision went through the City Design and Review process in
the mid-1990’s many parkland related topics were evaluated using an older set of
standards. I believe the current parkland configuration would be below current UDO
standards. I do not believe that current planning allows for parks to be used as
stormwater control facilities, and I believe that developers are required to improve and
complete parks. All improvements to Bridger Creek parks and trails have been paid for
by the Homeowner’s Association over the past 10 years and were not completed by Golf
Course Partners.
I encourage the City to carefully consider the appropriateness of accepting cash in lieu of
parkland for the proposed Birdie Drive property since parkland is highly valued at
Bridger Creek and largely underrepresented in the Subdivision as constructed.
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