HomeMy WebLinkAbout20035 Ord 2043 7-14-2020 ZC_staff_report - Water RightsPage 1 of 10
20035 Zoning Commission Staff Report for a Text Amendment to Revise
Water Adequacy Requirements, Ordinance 2043
Public Hearings:
Bozeman Zoning Commission - July 14, 2020 at 6 pm.
Bozeman City Commission – August 3, 2020 at 6 pm.
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 applies City-wide.
Recommendation: Meets standards for approval
Recommended Zoning Commission 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: 7/07/2020
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 or their equivalent to the City of Bozeman to offset increased demand for water with
new development including the following:
• Change title of section from “Water Rights” to “Water Adequacy” to more accurately
reflect the purpose and intent of the section.
• Clarification that the City will determine, and new development must offset, the
estimated annual increase in municipal water demand attributable to the development.
Text Amendment to Revise Water Adequacy Requirements, Ordinance 2043 Page 2 of 10
• Change to allow the City to be able to consider water demand 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.
Planning Board
The Planning Board conducted a public hearing on this amendment on June 2, 2020 as the
amendment also applies to subdivision development. They recommended approval to the
City Commission.
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 10
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Planning Board.................................................................................................................... 2
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES .................................................................................................... 3
SECTION 2 – RECOMMENDATIONS AND FUTURE ACTIONS ..................................... 3
SECTION 3 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS ....................... 4
APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND ................ 8
APPENDIX B – NOTICING AND PUBLIC COMMENT ..................................................... 9
APPENDIX C – OWNER INFORMATION AND REVIEWING STAFF ............................. 9
FISCAL EFFECTS ................................................................................................................... 9
ATTACHMENTS ................................................................................................................... 10
SECTION 1 - MAP SERIES
No maps are included because the proposed amendment is applicable City-wide.
SECTION 2 – RECOMMENDATIONS 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 held a public hearing on this Text Amendment on Tuesday, June 2,
2020. After considering the draft Ordinance they recommended overall approval of the
ordinance with certain revisions to the text for additional clarity.
The Zoning Commission will hold a public hearing on this Text Amendment on and forward
a recommendation to the Commission on July 14, 2020.
The City Commission will hold a public hearing on this Text Amendment on August 3, 2020.
Text Amendment to Revise Water Adequacy Requirements, Ordinance 2043 Page 4 of 10
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 (letters A-K). As an amendment is a
legislative action, the Commission has broad latitude to determine a policy direction.
A text amendment must be in accordance with the growth policy (criteria A) and be designed
to secure safety from fire and other dangers (criteria B), promote public health, public safety,
and general welfare (criteria C), and facilitate the provision of transportation, water,
sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a
text amendment the Commission must find Criteria A-D are met.
In addition, the Commission must also consider criteria E-K, and may find the text
amendment to be positive, neutral, or negative with regards to these criteria. To approve the
text amendment, the Commission must find the positive outcomes of the amendment
outweigh negative outcomes for criteria E-K. 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 found in Chapter 38, Unified Development Code.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Yes. These amendments related to water adequacy requirements are in accordance with the
adopted growth policy particularly in reference to sustainability and water conservation. In a
text amendment, policy statements weigh heavily as the standards being created or revised
implement the growth policy’s aspirations and intent. The following statements from the
adopted growth policy support this text amendment:
• Objective G-1.2: Ensure that adequate public facilities, services, and infrastructure
are available and/or financially guaranteed in accordance with facility or strategic
plans prior to, or concurrent with, development (Page 1-3).
• Objective G-1.3: Require development to mitigate its impacts on our community as
identified and supported by evidence during development review, including
economic, health, environmental, and social impacts (Page 1-3).
• Objective G-1.4: Ensure that Bozeman grows in a sustainable manner with
consideration for climate change, health and safety, food production, housing,
employment opportunities, natural hazard mitigation, and natural resource
conservation (Page 1-3).
• Objective LU-4.4: Review and revise the City’s regulations to encourage and support
sustainability in new construction and rehabilitation or redevelopment of existing
areas (Page 3-9).
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• Objective LU-4.8: Promote the efficient use of water, energy, land, human resources,
and natural resources and protect water supply quantity and quality.
• Objective E-2.5: Ensure sufficient water supply is available for future population
(Page 9-6).
• Objective E-3.2-: Encourage sustainable development and building practices (Page 9-
6).
• Goal E-4: Promote and support responsible use of our natural resources (Page 9-7).
No conflicts with the growth policy have been identified.
B. Secure safety from fire and other dangers.
Yes. This text amendment promotes water conservation which is directly beneficial to
securing safety by protecting the City’s water supply. According to the Integrated Water
Resources Plan, the City’s 50-year water balance gap (meaning the difference between 50-
year high-growth projected demands and reliable supply yields) is 17,750 acre-feet. This is
the projected annual volume of water that must be secured in order to serve the City’s 50-
year high-growth water needs and a population of roughly 140,000. In the Growth Policy,
Objective D-2.2 compels the City to recognize the overlapping issues of disaster
preparedness and mitigation and environmental protection and sustainability. Protecting
future water supply is one example of planning for resiliency.
C. Promote public health, public safety, and general welfare.
Yes. This text amendment promotes water conservation which is directly beneficial to public
health, safety and general welfare. Although Bozeman’s water is high quality, quantity is
limited. With only 16 inches of average precipitation annually, Bozeman’s climate is semi-
arid and drought-prone which creates a heavy reliance on the snowpack for water supply.
Eighty percent of the City’s water comes from snowmelt in the Gallatin Range which feeds
Sourdough Creek and Hyalite Reservoir. The other 20 percent comes from a developed
spring at the headwaters of Lyman Creek.
With shifting climate patterns, water supplies are likely to become less reliable. In the future,
more moisture is expected to arrive as rain instead of snow. Additionally, warmer
temperatures will lead to earlier peak flows and drier summers. Eventually these supplies will
not be adequate to accommodate anticipated growth. Data from the Integrated Water
Resources Plan (IWRP) (adopted in 2013) shows that Bozeman could be facing a water
shortage in the next 20 years. The City is taking steps to prevent such a shortage. The City
has identified water conservation as the single largest source of water for Bozeman's future.
Water conservation leverages existing infrastructure and water rights. It is the most
financially feasible, cost effective, environmentally responsible and expedient way to ensure
a reliable water supply for the future.
As shown in this table from the IWRP, most water use occurs indoors. Water demand must
be accounted for at times of both high and low surface flows; in wet years and dry.
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D. Facilitate the provision of transportation, water, sewerage, schools, parks
and other public requirements.
Yes. This zone text amendment helps to protect the City’s water supply. The IWRP
implementation plan recommends “2. Evaluate suitability of code- and rate based
conservation measures.” The proposed amendment is establishing the structure to enable
additional conservation approaches not previously available. These additional approaches
will be carried out through administrative programs. The amendment does not impact
transportation, sewerage, schools or parks. See discussion above regarding water.
E. Reasonable provision of adequate light and air.
Neutral. This zone text amendment does not impact reasonable provision of light and air.
Bozeman has established generally applicable standards for setbacks, park dedication, on-site
open space, and building design standards to address this requirement. These standards are
not changed by this text amendment.
F. The effect on motorized and non-motorized transportation systems.
Neutral. This zone text amendment does not impact the City’s transportation systems.
Review of development proposals such as subdivisions or site development look at the
transportation, park and trail, and facility plans, consider existing conditions, and requires the
additional on and off-site improvements needed to meet the additional demand expected from
new development.
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G. Promotion of compatible urban growth.
Neutral. Compatibility is considered both within and between districts. This zone text
amendment applies to the entire City. The zone text amendment does indirectly support
urban growth by supporting water conservation and by continuing to require development to
mitigate its impacts on our community as identified and supported by evidence during
development review.
H. Character of the district.
Neutral. This amendment does not alter individual districts or areas but applies City-wide. The
amendment does not affect the physical dimensions of development or the uses permitted.
I. Peculiar suitability for particular uses.
Neutral. This zone text amendment does not impact permitted uses or district boundaries.
J. Conserving the value of buildings.
Neutral. Conserving the value of buildings applies to changes that may lessen the functional
utility of a property. This zone text amendment does not impact the value of buildings.
K. Encourage the most appropriate use of land throughout the jurisdictional
area.
Yes. This zone text amendment more clearly describes and outline the processes related to
how the City addresses the water demand of new development. The amendment also
facilitates climate action by recognizing the influence of conservation on reducing water
demand from new development. Conservation fills the largest proportionate share of the
City’s projected supply gap. While this zone text amendment does not directly impact the
uses allowed on a piece of land, it will have positive impact on all development in the
jurisdictional area.
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE
OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT
AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION.
The City will accept written protests from property owners against the proposal
described in this report until the close of the public hearing before the City
Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s)
of real property within the area affected by the proposal or by owner(s) of real property that
Text Amendment to Revise Water Adequacy Requirements, Ordinance 2043 Page 8 of 10
lie within 150 feet of an area affected by the proposal. The protest must be in writing and
must be signed by all owners of the real property. In addition, a sufficient protest must: (i)
contain a description of the action protested sufficient to identify the action against which the
protest is lodged; and (ii) contain a statement of the protestor's qualifications (including
listing all owners of the property and the physical address), to protest the action against
which the protest is lodged, including ownership of property affected by the action. Signers
are encouraged to print their names after their signatures. A person may in writing withdraw
a previously filed protest at any time prior to final action by the City Commission. Protests
must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230,
Bozeman, MT 59771-1230.
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 as 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.
The City recently revised its annexation procedures. Acquisition of water rights is often
addressed at the time of annexation. This section of code 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,
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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 offset the estimated
annual increase in municipal water demand attributable to the development.
B. This subsection describes the water demand trigger threshold for compliance with this
section and items evaluated to determine if the trigger threshold is met.
C. This subsection describes compliance deferral provisions and requirements to be met
to exercise a deferral.
D. This subsection describes options to offset the annual water 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 demand calculations; and payment in lieu
of water rights for any remaining volume.
E. This subsection specifies that the unit cost for payment of cash in lieu of water rights
is established by City Commission Resolution and that the amount due is based on the
unit cost effective on the date of payment.
F. This section authorizes the City Manager to adopt administrative procedures to
implement this section and describes items that may be included in the administrative
procedures.
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 6/28/2020, 7/12/2020 and 7/26/2020 for the Zoning
Commission and City Commission 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
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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
• A1 application form