PROPOSED PARKLAND DEDICATION REGULATION AMENDMENTS

PARKLAND DEDICATION FOR

MINOR SUBDIVISIONS

Major Subdivisions – defined as 6 or more lots

½ acre or less lotsState law = 11% parkland dedication

Minor Subdivisions – defined as 2 to 5 lots

Currently zero parkland dedication

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PARKLAND DEDICATION FOR

MINOR SUBDIVISIONS

Major Subdivisions – defined as 6 or more lots

½ acre or less lotsState law = 11% parkland dedication

Minor Subdivisions – defined as 2 to 5 lots

Currently zero parkland dedication

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PROPOSED REGULATIONS

Require parkland dedication for minor subdivisions but with significant EXEMPTIONS to address affordability issues.

1) Exemption required by state law and Article 3-8 (2)(c)

2) Compromise for affordability- up to local government discretion Article 3-8 (2)(c)

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PROPOSED REGULATIONS

Compromise for affordability—up to local government discretion Article 3-8 (2)(c)

3) 4 lots

4) 5 lots

5400 square

feet

5400 square

feet

5400 square

feet

5400 square

feet

5400 square

feet

5400 square

feet

5400 square

feet

5400 square

feet

5400 square

feet

APPRAISAL REQUIREMENTS

Major Subdivisions

Summary appraisal report about $2500 – 3500.

Minor Subdivisions

Restricted Use appraisal report about $1000 – 2000.

3 CONCESSIONS TO ADDRESS

AFFORDABILITY Exempting 3 lot

subdivisions

Exempting 4 and 5 lot subdivisions with lots of 5400 square feet or less

Allowing use of Restricted Use appraisal reports

CALCULATING PARKLAND DEDICATION FOR MULTI-FAMILY LOTS

New method for calculating parkland dedication for large acreage lots created for multi-family. Current law:

> ½-acre 11%

< ½ to 1 acre7.5%

< 3 – 5 acres2.5 %

5+ acres0%

< 1 - 3 acres5%

CALCULATING PARKLAND DEDICATION FOR MULTI-FAMILY LOTS

FLYNN RANCH

Current Law

About 170 more residents than what

state law contemplated

5-acre lot78 condos= 174 residents

2.5% = 5227 sq. ft. parkland dedication

Proposed Regulations

2 times more than the current maximum of

11%

5-acre lot.02 acres x 10. d.u.s = .20X 5 acres = 1.0 acre of parkland dedication

Represents 20%

As compared to Bozeman's regulations, which require .03 acres/d.u. with a 12 d.u. cap = 36%

III. NEW ZONING CHAPTER TO REQUIRE PARKLAND

DEDICATION FOR MULTI-FAMILY PROJECTS

III. NEW ZONING CHAPTER TO REQUIRE PARKLAND

DEDICATION FOR MULTI-FAMILY PROJECTS

5 Acres - Subdivision

Zoned RLD-420 SFR lots About 50 residents

Typical parkland dedication = .40 acres

5 Acres – Building Permit

Zoned Commercial100 apartment units About 200+ residents

Zero Parkland required

New Zoning Chapter to close huge loophole by requiring parkland dedication for apartments and condos

.02 acres/d.u x 10 d.u=.20 acres parkland per acre of subject property

.20 x 5 acres = 1.0 acre of parkland

Under New Rules

EXEMPTIONS – NO PARKLAND DEDICATION

1. Projects within the CBD zone.

2. Projects that provide housing for residents with incomes at or below 80% of the area median income based on HUD and MBOH standards.

3. Projects approved prior to adoption of new regulations.

HOW PROCESS/REVIEW WOULD WORK

OPG reviews building permits – issues zoning compliance permits.

During permit review, applicants with projects with 4 or more new units would need to propose parkland, common area, park space owned by apartment complex owner, cash-in-lieu or a combination thereof.

Zoning officer, in consultation with the Parks Department, would make a determination.

Applicant can appeal decision to City Council.

35% LANDSCAPING REQUIREMENT

Credit For Parkland Dedication Toward Meeting 35% Landscaping Requirement

RECENT MULTI-FAMILY PROJECTS SUBJECT TO LANDSCAPING

REQUIREMENT

Apartments or Condos Units Acreage

Density Units per acre

MPP Parkland

Requirement

Proposed Regulations

Parkland Requirement

Copper Run 177 7.39 24 .99 acres 1.48 acres

Great Northern 90 2.24 40 .50 acres .45 acres

Union Place 64 3.4 19 .36 acres .68 acres

Mullan Heights 192 5.32 36 1.07 acres 1.06 acres

Dearborn 33 0.76 43 .18 acres .15 acres

COPPER RUN APTSCOPPER RUN APTSEAST OF ALBERTSON'S

UNION PLACE APTS EAST OF TARGET

GREAT NORTHERN GREAT NORTHERN APTS APTS EAST OF COSTCO

MULLAN HEIGHTS CONDOS

COMMENTS FROM MBIA AND MOR"Only require parkland dedication in areas identified in Master Parks Plan as park deficient."

LEVEL OF SERVICE OF DEVELOPED

NEIGHBORHOOD PARK ACREAGE

Low Level of Service for Park Acreage

1.River Road2.Franklin to the Fort3.Southgate Triangle4.Westside5.Rose Park6.Mullan Area7.South 39th (Lower S. Hills)8.University Area9.Grant Creek

Adequate or Above Level of Service for

Park Acreage1.Rattlesnake2.Lewis and Clark3.Moose Can Gully (Upper S. Hills)4.Farviews5.Miller Creek/Linda Vista6.Downtown

Minor Subdivisions

1.Small infill projects of 2 to 3 lots exempt.

2.5400 sq. ft. or less lots for 4 to 5 lots exempt.

3.Less expensive appraisal.

4.Only four 4-to-5-lot subdivisions have been developed from 2003 to 2007.

Condos and Apartments

1.Truly affordable housing is exempt.

2.Downtown area is exempt.

3.Using .02 acres of parkland with cap of 10 density units versus .03 acres, actual examples from two recent condo projects show that if cash-in-lieu had been required, it would have represented approximately .07 % to 1% of purchase price.

COMMENTS FROM MBIA AND MOR:

"PARKLAND DEDICATION WILL IMPACT AFFORDABLE HOUSING."

Steps this proposal includes to address this issue:

COMMENTS FROM MOR:IMPACT FEES TAKE CARE OF PARKLAND NEEDS

FOR INCREASED DENSITY OF MULTI-FAMILY UNITS.

IMPACT FEES HELP DEVELOP NEW PARKS OR

EXPAND PARK INFRASTRUCTURE

FY 05 fees: ~$50,000. Contributed to Playfair Park improvements, including expansion of picnic shelter and restrooms.

FY 06 & 07 fees: ~$150,000 each year.

Pleasant View Homes 5.37 acre park: ~$86,000. City & developer entered contract for Phase I improvements – topsoil, finish grade, install irrigation and seed in return for $16,000/acre impact fee credit.

Lafray Park in River Rd area: $82,190 budgeted for Phase I development ($52,190 in FY07 & $30,000 in FY08)

44 Ranch 5.86 acre park in Mullan area: Currently working with developer to draft agreement for Phase I and Phase II park development using impact fees and cash-in-lieu as reimbursement for work developer will perform. This will be at substantial savings to the City.

Balance to Fort Missoula Regional Park Development (targeting $75,000 per year for soccer fields etc.)

PROPOSED FUTURE PARK IMPROVEMENTS

FUNDED BY IMPACT FEES Neighborhood parks slated to receive benefit of impact fees based

upon percentage of growth in the area per Master Park Plan standards and Impact Fee Ordinance: Lafray Park Phase II Bellevue Park (undeveloped) White Pine (undeveloped) Pleasant View Park (undeveloped) Marilyn Park restroom and picnic shelter Skyview Park restroom Rose Park restroom and other amenities per outcome of design plan Bancroft Duck pond rest station and related amenities needed to

maintain pond. Farviews area parks – Whitaker Park and area trails. Silver Park per the master site plan McCormick Park picnic shelter & other improvements at 100 Hickory per

site plan New trailheads with parking & signage

Current City Population = 67,165

Current developed parkland (neighborhood parks) = 149.89 acres

Acres of parkland/1000 residents = 2.2 acres

We have fallen behind the 2.5 acres per 1000 residents MPP goal since 2003.

We have a backlog of over 15 years of requested parkland improvements using impact fees.

Cash-in-lieu averages approximately $29,000 collected per year ($233,809 over past 8 years) and can be used to help with the backlog, plus can be used for making repairs or upgrades within a ½-mile of where it is collected for neighborhood parks.

COMMENTS FROM MBIA AND MOR:"THE CITY HASN'T DOCUMENTED THE NEED FOR MORE PARKLAND

OR CASH-IN-LIEU."

The City has fallen behind in level of service, maintaining park infrastructure and developing new and existing parks.

Polls show citizens are generally very satisfied with maintenance levels.

Citizens have requested numerous park improvements (see impact fee list.)

Minor subdivisions and smaller apartment condo projects will likely result in cash-in-lieu, not parkland.

Larger condo and apartment projects will likely result in common areas that are maintained by HOAs, not the City.

COMMENTS FROM MBIA AND MOR:THE CITY IS NOT ABLE TO MAINTAIN

THE LAND IT CURRENTLY CONTROLS, SO WHY REQUIRE MORE?

PARKS ARE ESSENTIAL

Public green space provides a respite from the concrete and asphalt environment of the city, and functions as a place to gather, relax, play, and experience a bit of nature.

Access to public parks and recreational facilities has been strongly linked to reductions in crime and in particular to reduced juvenile delinquency.

Parks, greenways, trails, and recreation opportunities help define a community’s quality of life.

To our quality of life

PARKS ARE ESSENTIAL

Citizens who had better access to parks, visited parks more frequently, and engaged in physically-active park behaviors also made fewer visits to their doctor. (National Recreation and Parks Association, 1998.)

Strong evidence shows that when people have access to parks, they exercise more. In a study published by the Center For Disease Control, access to places for physical activity led to a 25.6 % increase in the percentage of people exercising three or more days per week.

The percentage of teens engaging in regular physical activity is higher when teens have access to a safe park than when they have no access.

Beyond the recreational opportunities offered by parks, a growing body of research shows that contact with the natural world improves physical and psychological health.

To Our Health

PARKS ARE ESSENTIAL

Parks offer recreational opportunities for at-risk youth, low-income children, and low-income families.

Parks provide places in low-income neighborhoods where people can feel a sense of community.

Families who recreate together report greater stability and satisfaction.

Low-income housing has historically been located in industrialized areas with few public amenities. From an equity standpoint, there is a strong need to address this imbalance.

To low-income families