HomeMy WebLinkAboutA7. Pro Adopt Ord 1929 Larkspur1
REPORT TO: Honorable Mayor and City Commission
FROM: Chris Saunders, Policy and Planning Manager Wendy Thomas, Director of Community Development
SUBJECT: Provisional adoption of Ordinance 1929 – an ordinance approving an exchange of
property with MT Larkspur LLLP to realign a park boundary with no net change
in City ownership of property. MEETING DATE: December 14, 2015
AGENDA ITEM TYPE: Action (Legislative)
RECOMMENDATION: Staff recommends the Commission hold a public hearing on the ordinance,
consider this staff memo, written and spoken public testimony, and provisionally adopt by a two-third
majority (i.e. four affirmative votes) Ordinance 1929 authorizing the City Manager’s signature, upon
expiration of the 30 day effective period, on the attached exchange agreement and authorizing the City
Manager’s signature on the subdivision exemption to exchange property with MT Larkspur LLLP.
RECOMMENDED MOTION: Having conducted a public hearing on the ordinance, considered this,
staff memo, written and spoken public testimony, the content of Ordinance 1929 and findings articulated
by the Commission during discussion, I hereby move to provisionally adopt Ordinance 1929 authorizing
the City Manager’s signature, upon expiration of the 30 day effective period, on the attached exchange agreement and authorizing the City Manager’s signature on the subdivision exemption to exchange
property with MT Larkspur LLLP.
BACKGROUND:
I. AUTHORITY TO EXCHANGE REAL PROPERTY The City Commission has authority over the disposition of property owned by the City pursuant to
Chapter 2.06 of the Bozeman Municipal Code (BMC). This chapter was created by Ordinance 1658
(2006) and later amended by Ordinances 1683 (2006) and 1713 (2007). Ordinance 1929 authorizes the
exchange of 343.6± square feet of property with MT Larkspur LLLP. MT Larkspur LLLP is the
developer of the Larkspur Commons LIHTC affordable housing development located between North 14th and North 12th Avenues and north of Manzanita Drive.
II. RATIONALE FOR THE EXCHANGE
The Oak Meadows Subdivision was platted in 2007 and included the dedication of four park spaces;
three linear parks and one rectangular park. The linear parks connect the larger rectangular park to the Oak Street corridor and divide several blocks with pedestrian pathways. The Larkspur Commons is an
Commission Memorandum
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eight building, 136 dwelling affordable housing rental development located in the Oak Meadows
Subdivision. Park 1 of the Oak Meadows Subdivision is a north to south linear park which separates the
parcels to be owned by MT Larkspur LLLP. See the attached project site plan.
The City has established goals for affordable housing, including rental housing. The City provides matching funding to support the development of affordable housing in Bozeman. The City has allocated $200,000 in support of the Larkspur Commons development. The City gave final zoning approval to the
Larkspur Commons development on October 22, 2015. One requirement of that approval is that prior to
issuance of certain building permits in the project a property line between Park 1 and Lot 3, Block 5
(1323 Manzanita Drive) be adjusted to remove an encroachment in a required side yard setback. The adjustment allows one additional dwelling to be included. There is adequate lot area in the project for the additional dwelling.
The proposed exchange and associated subdivision exemption adjusts 343.6± square feet from the west
side of the park to the east side of the park. The proposed change in boundary is an offset to avoid a
building. The change maintains the same total City park area, does not alter the ability to use the park, does not affect the sewer line located under the park, and does not reduce or damage other public interests. Park, Engineering, and Planning staff has evaluated the proposed boundary change and find no
injury to the public from the change. The change will advance the general public interest by supporting a
needed affordable housing project. Since the exchange results is a minor reconfiguration of the park and
no change in the use of the park, staff finds that the 343.6± square feet to be exchanged with MT Larkspur LLP is not necessary to the continued conduct of the City’s business.
III. APPRASIAL The proposed exchange is an equal amount of area and is the same in character, immediately adjacent to
the existing park, and does not change any allowed use of land by the City or MT Larkspur LLLP. No
exchange of money is happening with the exchange of property. Full and equal utility in and area of the land is being preserved. Therefore, the City Attorney has determined that an appraisal is not required. IV. EXCHANGE AGREEMENT:
An exchange agreement has been drafted specifying the duties and responsibilities of both parties in the
exchange. A copy is attached of the exchange agreement. A copy of the subdivision exemption and the deeds which will execute the exchange are attached. The subdivision exemption has been reviewed and is ready for printing and signatures. The City Manager will not sign the exemption until the effective
date of Ordinance 1929 has passed.
UNRESOLVED ISSUES: None determined at this time.
ALTERNATIVES: 1) Approve Ordinance 1929 as presented and recommended. 2) Do no approve Ordinance 1929 and the Larkspur Commons will need to reduce
Building F by one dwelling to comply with required setbacks.
FISCAL EFFECTS: MT Larkspur LLLP will cover the costs of recording the required documents. No budgeted funds will be expended on this exchange. No net change in maintenance or other related costs is expected from this action and the exchange is neutral in final area and land character.
Attachments: Ordinance 1929 Exchange Agreement Draft subdivision exemption
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Draft deeds
Site plan of the Larkspur Commons
Report compiled on December 2, 2015
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ORDINANCE NO. 1929
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN EXCHANGE AGREEMENT FOR THE REALIGNMENT OF A PARK BOUNDARY IN THE OAK MEADOWS SUBDIVISION WITH PRIVATELY OWNED TRACTS,
PROVIDING CONTINGENCIES AND AN EFFECTIVE DATE.
WHEREAS, the City of Bozeman received by dedication several park tracts as part of the
Oak Meadows Subdivision final plat, plat J-459 and recorded as document number 2260491; and
WHEREAS, one of those tracts is identified as Park 1 of the Oak Meadows Subdivision,
hereinafter referred to as the “Property”; and
WHEREAS, the City is desirous of adjusting the boundary of the Property to accept an
equal amount of new park area for the park area exchanged in order to support development of
adjacent affordable housing which will further the public interest; and
WHEREAS, Section 2.11 of the Bozeman City Charter requires adoption of an ordinance
when the City “convey[s]… or authorize[s] the conveyance… of any lands of the city”; and
WHEREAS, Section 2.06.850 of the Bozeman Municipal Code (BMC), grants the City
Commission the jurisdiction and power to receive property by donation or exchange; and
WHEREAS, Section 2.06.870 of the Bozeman Municipal Code (BMC), grants the City
Commission the jurisdiction and power to exchange any real property, however acquired,
belonging to the City that is not necessary to the conduct of city business or the preservation of
city property; and
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Ordinance 1929, Authorizing The City Manager to enter into an Exchange Agreement for the Realignment of a Park Boundary
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WHEREAS, Section 2.06.880, BMC, states, “When the City Commission, after a public
hearing, has determined by a two-thirds vote of all the members, that any real property owned by
the city is not needed for public use, or that the public interest may be furthered, the City may sell
such property by… exchange…” and
WHEREAS, Section 2.06.880, BMC, also states, “Notice of …exchange… shall be
published as provided in MCA 7-1-4127”; and
WHEREAS, as the exchange of the Property is of identical size with the property the City
will receive and is immediately adjacent to the existing park, of equal utility, and no money will
be exchanged the Commission determines no appraisal of the real property to be exchanged is
necessary; and
WHEREAS, MT Larkspur LLLP has executed an agreement for the exchange of the
Property subject to City Commission authorization of the City Manager’s signature; and
WHEREAS, the agreement to exchange the Property is attached to this Ordinance as
Attachment A; and
WHEREAS, should the Bozeman City Commission provisionally adopt this ordinance by
no less than a two-thirds vote of its total membership, notice of provisional adoption of this
ordinance shall be published in compliance with Sect. 7-1-4127, MCA, prior to final adoption.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA:
Section 1
The Bozeman City Commission finds that: 1. The exchange of the Property as shown on Exhibit A to the Exchange Agreement will have
no adverse effect on the public’s use of Oak Meadows Subdivision Park 1 and will further
the public interest because the exchange of the Property and related relocation of common
boundaries will benefit affordable housing which the City has financially supported and which is consistent with the priorities of the City’s affordable housing goals. The exchange
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Ordinance 1929, Authorizing The City Manager to enter into an Exchange Agreement for the Realignment of a Park Boundary
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of land is of identical size, immediately adjacent to the existing park, and of equal value and utility for all public uses. 2. As the exchange provides an equally functional park space the land to be deeded to MT
Larkspur LLLP is no longer needed for City purposes.
Section 2 The Bozeman City Commission hereby authorizes the City Manager to sign the attached Exchange
Agreement.
In doing so, the Commission authorizes, subject to fulfillment of the contingencies as stated in the attached Exchange Agreement and those contingencies listed below, the conveyance of the
Property to the MT Larkspur LLLP:
1. The exchange must be of the same amount of land area to both parties. 2. The exchange shall be enacted by the approval of an amended plat by the Director of Community Development in substantially the same form as attached to the Exchange
Agreement and recording the amended plat.
3. MT Larkspur LLLP shall pay all closing costs and recording fees.
4. The City Manager may not sign the Exchange Agreement until 30 days after final adoption of this ordinance; as such, the Exchange Agreement shall not be binding on the City until such time and until completion of all included contingencies.
5. The exchange shall close as stated in the agreement.
Section 3 Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 4
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provision of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
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Ordinance 1929, Authorizing The City Manager to enter into an Exchange Agreement for the Realignment of a Park Boundary
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Section 5 Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 6
Codification Instruction.
The provisions of this Ordinance shall not be codified in the Bozeman Municipal Code;
rather, this Ordinance shall be maintained by the City Clerk in an indexed file of all Ordinances
not to be codified.
Section 7
Effective Date.
This ordinance shall be in full force and effect 30 days after final adoption.
PROVISIONALLY PASSED by the City Commission of the City of Bozeman, Montana,
on first reading at a regular session held on the 14th day of December, 2015.
____________________________________ JEFFREY K. KRAUSS
Mayor
ATTEST:
_______________________________ STACY ULMEN, CMC
City Clerk
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FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the 28th day of
December, 2015. The effective date of this ordinance is _________________, __ 2016.
_________________________________ JEFFREY K. KRAUSS Mayor
ATTEST:
_______________________________ STACY ULMEN, CMC City Clerk
APPROVED AS TO FORM:
_________________________________ GREG SULLIVAN
City Attorney
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