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20035 Planning Board Staff Report for a Text Amendment to Revise Water
Adequacy Requirements, Ordinance 2043
Public Hearings: Bozeman Planning Board - Tuesday, June 2, 2020 in the City
Commission Room, City Hall, at 6:00 pm. Meeting will be conducted electronically
via WebEx, see agenda for details of how to connect to the meeting.
Bozeman City Commission – Unscheduled at this time
Project Description: Revise Section 38.410.130, Water Rights, to change how the
obligation to provide for water rights needed to serve new development may be
calculated and satisfied; to promote the conservation of water; and to authorize
creation of revised administrative procedures.
Project Location: The proposed amendment would apply City-wide.
Recommendation: Meets standards for approval
Recommended Planning Board motion: Having reviewed and considered the staff report,
application materials, public comment, and all information presented, I hereby adopt
the findings presented in the staff report for application 20035 and move to
recommend approval of Ordinance 2043 to revise water adequacy requirements as
outlined in the draft Ordinance.
Report: 5/22/2020
Staff Contact: Chris Saunders, AICP, Community Development Manager
Agenda Item Type: Action - Legislative
EXECUTIVE SUMMARY
This report is based on the application materials submitted and Staff analysis.
Unresolved Issues
None.
Project Summary
This text amendment proposes to change how development is obligated to provide Water
Rights to the City of Bozeman including the following:
• Change title of section from “Water Rights” to “Water Adequacy” to more accurately
reflect the purpose and intent of the section.
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• Clarification that development must provide calculations specifying the volume of
municipal water supply necessary to meet the annual water demand of the development.
• Change to allow the City to be able to consider offsets related to water efficiency and
conservation projects (such as installation of more efficient indoor water
fixtures/appliances and wells connected to high efficiency irrigation systems).
• Revised requirements and clarifications for evidence, fee deferrals, and administrative
procedures.
Due to the extent of the changes, the entire section is proposed to be replaced. See Appendix
A for a more detailed description.
Alternatives
1. Recommend approval of the application with modifications to the recommended zone
text edits and direct Staff to revise the associated resolution and ordinance;
2. Recommend denial of the application based on findings of non-compliance with the
applicable criteria contained within the staff report; or
3. Open and continue the public hearing on the application, with specific direction to staff to
supply additional information or to address specific items.
Text Amendment to Revise Water Adequacy Requirements, Ordinance 2043 Page 3 of 8
TABLE OF CONTENTS
EXECUTIVE SUMMARY ....................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................ 1
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES ................................................................................................... 3
SECTION 2 – RECOMMENDATION AND FUTURE ACTIONS ...................................... 3
SECTION 3 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS ...................... 4
Section 76-1-606, MCA (Effect of Growth Policy on Subdivision Regulations) ............. 4
Section 76-3-102, MCA (Subdivision Purposes) ............................................................... 4
Section 76-3-501, MCA (Subdivision Purposes) ............................................................... 5
APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 7
APPENDIX B – NOTICING AND PUBLIC COMMENT .................................................... 8
APPENDIX C – OWNER INFORMATION AND REVIEWING STAFF ........................... 8
FISCAL EFFECTS ................................................................................................................. 8
ATTACHMENTS ..................................................................................................................... 8
SECTION 1 - MAP SERIES
No maps are included because the proposed amendment is applicable City-wide.
SECTION 2 – RECOMMENDATION AND FUTURE
ACTIONS
Text Amendment
Having considered the criteria established for a text amendment, the Staff recommends
approval of the amendment detailed in Ordinance 2043.
The Planning Board will hold a public hearing on this Text Amendment on Tuesday, March
17, 2020 in the City Commission Room, City Hall, 121 N. Rouse Avenue, Bozeman MT at
6:00 pm and will forward a recommendation to the Commission.
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The Zoning Commission will hold a public hearing on this Text Amendment on and forward
a recommendation to the Commission. Meeting not yet scheduled.
The City Commission will hold a public hearing on this Text Amendment. Meeting not yet
scheduled.
SECTION 3 - TEXT AMENDMENT STAFF ANALYSIS
AND FINDINGS
In considering applications for approval under this title, the advisory boards and City
Commission must consider the following criteria (Numbers 1-17). As an amendment is a
legislative action, the Commission has broad latitude to determine a policy direction.
As this text amendment affects both subdivision and zoning applications the Zoning
Commission will consider those criteria applicable to their responsibilities and make a
separate recommendation. Both sets of criteria and recommendations will be provided the
City Commission. To approve the text amendment, the Commission must find the positive
outcomes of the amendment outweigh negative outcomes for criteria 1-17. In determining
whether the criteria are met, Staff considers the entire body of regulations for land
development. Standards which prevent or mitigate negative impacts are incorporated
throughout the entire municipal code but are principally in Chapter 38, Unified Development
Code.
Section 76-1-606, MCA (Effect of Growth Policy on Subdivision Regulations)
1. Subdivision regulations adopted after a growth policy has been adopted must be
made in accordance with the growth policy.
Yes. See Zoning Criterion A. above.
Section 76-3-102, MCA (Subdivision Purposes)
2. Promote the public health, safety, and general welfare by regulating the
subdivision of land.
Yes. The subdivision of land precedes the development of the land with uses that have a
higher consumption of water and greater need for fire protection. The ability of the City to
deliver water to meet these needs is enhanced by the proposed text amendment. Public
health, safety, and general welfare is directly affected by the supply of adequate clean water.
As the sole provider of domestic water within its boundaries it is essential the City have
adequate water supplies to meet the needs of new development. The proposed text
amendment enables more consistent and accurate determination of future need for water by
providing for demand estimates to occur when greater information relevant to future need is
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available, provides greater alternatives to meet the need for water, and encourages water
conservation.
3. Prevent the overcrowding of land.
Neutral. The amendments do not increase the allowed density of construction of new
buildings; nor does it restrict the provision of required utilities and services to support new
construction.
4. Lessen congestion in the streets and highways.
Neutral. See zoning criteria D and F, and subdivision criterion 3 above.
5. Provide adequate light, air, water supply, sewage disposal, parks and recreation
areas, ingress and egress, and other public improvements.
Yes. The proposed amendment enables provision of adequate water supply by creating
procedures for evaluation of water required and methods for meeting the requirement. See
subdivision criteria B, see zoning criteria D and E above. Neutral for all other aspects of this
criterion.
6. Require development in harmony with the natural environment.
Yes. The proposed amendments do not alter any standards or criteria for watercourses,
flooding areas, wildlife habitat, or other issues related to the natural environment.
Encouragement of water conservation enabled by the amendment lessens impacts on the
natural environment.
7. Protect the rights of property owners.
Neutral. The proposed amendments do not change due process requirements or other
protections for the rights of property owners.
8. Require uniform monumentation of land subdivisions and transferring interests
in real property by reference to a plat or certificate of survey.
Neutral. The proposed amendments do not affect monumentation. Water rights are an interest
in real property. However, the process for transfer of water rights is governed by state law
and those processes are not affected by this amendment. Therefore, this criterion is not
affected by the proposed amendments.
Section 76-3-501, MCA (Subdivision Purposes)
This section requires local governments to adopt regulations that reasonably provide for:
9. Orderly development within the jurisdictional area.
Neutral. The proposed amendments do not alter street layout, block configuration, or other
standards that enable orderly development.
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10. Coordination of roads within subdivided land with other roads, both existing
and planned.
Neutral. The proposed amendments do not alter street standards for construction or location.
11. Dedication of land for roadways and for public utility easements.
Neutral. The proposed amendments address the provision of water rights. Although
easements are used to convey water to its final use location no easement provisions are being
amended. Municipal water pipes are often laid within road right of way. However, the
standards for dedication of land, width, and construction of roads are not changed by these
amendments. Therefore, road dedication or utility easement requirements are not affected.
12. Improvement of roads.
Neutral. The proposed amendments do not alter street standards for timing of or method of
construction or location.
13. Provision of adequate open spaces for travel, light, air and recreation.
Neutral. No changes to the park dedication or natural resource protection regulations are
included with these amendments.
14. Adequate transportation, water and drainage.
Yes. See the responses above in both zoning and subdivision review criteria related to these
topics. E.g. zoning criteria C, D, and F and subdivision criteria 2, 5, and 6.
15. Regulation of sanitary facilities, subject to section 76-3-511, MCA.
Neutral. No changes to regulations of sanitary facilities are included with these amendments.
16. Avoidance or minimization of congestion.
Neutral. The proposed amendments do not address and are not affected by this criterion.
17. Avoidance of subdivision which would involve unnecessary environmental
degradation and the avoidance of danger or injury to health, safety, or welfare by
reason of nature hazard or the lack of water, drainage, access, transportation, or other
public services or would necessitate an excessive expenditure of public funds for the
supply of such services.
Neutral. The amendments do not alter any standard or criteria which is used to determine
whether property is suitable for subdivision or the relative ease or difficulty of providing
public services.
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APPENDIX A - DETAILED PROJECT DESCRIPTION
AND BACKGROUND
Eighty percent of the Bozeman’s water comes from snowmelt from the Hyalite Range that
feeds Sourdough/Bozeman Creek and Hyalite Reservoir which feeds Hyalite/Middle Creek.
The remaining twenty percent comes from a spring at Lyman Creek southwest of the Bridger
Mountains. Because the quantity of water available to the City is limited, Bozeman has
identified water conservation an essential element of being able to meet future water needs.
The City’s land use regulations need to be revised to facilitate conservation and recognize the
influence of conservation on reducing water demand from new development. This section of
code also needs to be updated to clarify, describe and outline processes related to how the
City deals the water demand of new development.
The Integrated Water Resources Plan (IWRP) was adopted by the Bozeman City
Commission during a public hearing on September 30, 2013. This document was the result of
data collection and analysis by engineering firms with guidance from a technical advisory
committee comprised of local water experts. The Executive Summary states: “The City of
Bozeman (City) has experienced varied population growth and anticipates that growth will
continue in the future. The future growth trend of Bozeman is uncertain; however, the City
recognizes that it possesses a finite supply of water that could potentially be surpassed as the
demand for water increases with community growth. The City is located in a closed basin
with respect to water rights, and existing water supplies relied upon by the City are
susceptible to the impacts of drought and climate change, which could limit the availability
of water on a seasonal or annual basis: (Page 1). The first priority for implementing the
IWRP is developing a successful water conservation program as conservation fills the largest
proportionate share of the City’s projected supply gap.
One of the ways to promote water conservation is to amend the section of the Unified
Development Ordinance related to water rights. Due to the extent of the proposed changes,
all of section 38.410.130 is to be replaced including changing the title from “Water Rights”
to “Water Adequacy” to more accurately reflect purpose of this section. There are nine
subsections within the revised draft language (A-I). The following list summarizes each
section:
A. This subsection provides clarification that new development must provide
calculations (subject to City approval) specifying the volume of municipal water
supply necessary to meet the annual water demand of the development.
B. This subsection describes options to offset the volume demand including: transfer of
water rights; allowing water efficiency and conservation projects (such as installation
of more efficient indoor water fixtures/appliances and wells connected to high
efficiency irrigation systems) to offset volume calculations; and payment in lieu of
water rights for any remaining volume.
C. This subsection describes evidence requirements.
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D. This subsection clarifies overages.
E. This subsection outlines options and requirements for payment deferral.
F. This subsection deals with required documentation for deferrals.
G. This subsection specifies that the unit cost for payment in lieu of water rights are
established by City Commission Resolution.
H. This subsection specifies that the amount due is based on the unit cost effective on the
date of payment.
I. This section discusses how administrative procedures are determined by the City
Manager.
APPENDIX B – NOTICING AND PUBLIC COMMENT
This Text Amendment notice was submitted for publication in the Bozeman Daily Chronicle
on 3/08/2020, 3/22/2020, and 4/05/2020. The Planning Board and Zoning Commission
hearings were cancelled due to coronavirus response. New notices were published in the
Bozeman Daily Chronicle on 5/17/2020 and 5/31/2020 for the Planning Board public
hearing. Additional notices will be published as needed for the other public hearings.
No public comments have been received as of the writing of this Staff Report.
APPENDIX C – OWNER INFORMATION AND REVIEWING STAFF
Applicant/Representative: City of Bozeman, PO Box 1230, Bozeman MT 59771-1230
Report By: Chris Saunders, AICP, Community Development Manager
FISCAL EFFECTS
This application does not expend any budgeted funds. It does affect future expenditures.
Supporting water conservation is the most cost-effective way to increase water supply. The City
of Bozeman has identified water conservation as the single largest source of water for the future.
The City will expend funds as budgeted to obtain additional water and to deliver water to
customers.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
• Draft Ordinance