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HomeMy WebLinkAbout08-03-20 City Commission Packet Materials - A4c. Ord 2043 Water Rights Obligation Calculated and Satisfied App 20035Page 1 of 14 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 Bozeman Zoning Commission - July 14, 2020 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 would apply City-wide. Recommendation: Meets standards for approval of Ordinance 2043. 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. 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. Recommended City Commission motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of advisory bodies, and all information presented, I hereby adopt the findings presented in the staff report for application 20035, Ordinance 2043 and move to provisionally adopt Ordinance 2043 to revise water adequacy requirements. Report: 7/15/2020 Staff Contact: Chris Saunders, AICP, Community Development Manager Agenda Item Type: Action - Legislative 102 Text Amendment to Revise Water Adequacy Requirements, Ordinance 2043 Page 2 of 14 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. • 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. As this section applies to both subdivision and zoning authority and project reviews both the Planning Board and Zoning Commission reviewed the proposed amendment. Strategic Plan 4.1 Informed Conversation on Growth Continue developing an in-depth understanding of how Bozeman is growing and changing and proactively address change in a balanced and coordinated manner. b) Develop and Align Infill Policies - Develop, adopt and align city policies for infill and redevelopment, economic development and public infrastructure. 4.4 Vibrant Downtown, Districts & Centers Promote a healthy, vibrant Downtown, Midtown, and other commercial districts and neighborhood centers – including higher densities and intensification of use in these key areas Planning Board The Planning Board held a public hearing on this amendment on June 2, 2020 as the amendment applies to subdivision development. They recommended approval to the City 103 Text Amendment to Revise Water Adequacy Requirements, Ordinance 2043 Page 3 of 14 Commission with clarifications to the text. The recording of the meeting is available at https://media.avcaptureall.com/session.html?sessionid=9b011e29-ddc1-45ff-8253- b2ef945dc3e7&prefilter=654,3835. Discussion of this amendment begins at 1:35:56 on the recording. Zoning Commission The Zoning Commission held a public hearing on this amendment on July 14th. They recommend favorably on the Ordinance as presented on a vote of 4-0. The recording of the meeting is available at https://media.avcaptureall.com/session.html?sessionid=ac75d7c9- 07cf-47f0-b6c8-85407e6ee82e&prefilter=654,3835. Discussion of this amendment begins at 1:03.53 on the recording. Alternatives 1. Provisional adoption of the ordinance; 2. Provisional adoption of the ordinance with modifications to the recommended ordinance; 3. Denial of the ordinance based on findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing on the application, with specific direction to staff to supply additional information or to address specific items. TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 2 Unresolved Issues ............................................................................................................... 2 Project Summary ................................................................................................................. 2 Strategic Plan ...................................................................................................................... 2 Planning Board.................................................................................................................... 2 Zoning Commission ............................................................................................................ 3 Alternatives ......................................................................................................................... 3 SECTION 1 - MAP SERIES .................................................................................................... 5 SECTION 2 – RECOMMENDATION AND FUTURE ACTIONS ........................................ 5 SECTION 3 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS ....................... 5 Section 76-2-304, MCA (Zoning) Criteria ......................................................................... 6 SECTION 4 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS ....................... 9 104 Text Amendment to Revise Water Adequacy Requirements, Ordinance 2043 Page 4 of 14 Section 76-1-606, MCA (Effect of Growth Policy on Subdivision Regulations) .............. 9 Section 76-3-102, MCA (Subdivision Purposes)................................................................ 9 Section 76-3-501, MCA (Subdivision Purposes).............................................................. 10 APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 12 APPENDIX B – NOTICING AND PUBLIC COMMENT ................................................... 13 APPENDIX C – OWNER INFORMATION AND REVIEWING STAFF ........................... 13 FISCAL EFFECTS ................................................................................................................. 13 ATTACHMENTS ................................................................................................................... 13 105 Text Amendment to Revise Water Adequacy Requirements, Ordinance 2043 Page 5 of 14 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 held a public hearing on this Text Amendment on Tuesday, June 2, 2020. They recommend favorably on the amendment but recommend revisions for clarity in wording. The Zoning Commission held a public hearing on this Text Amendment on and forward a favorable recommendation to the Commission. The City Commission will hold a public hearing on this Text Amendment on August 3rd. SECTION 3 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for approval under this title, the Zoning Commission 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. 106 Text Amendment to Revise Water Adequacy Requirements, Ordinance 2043 Page 6 of 14 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). • 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. 107 Text Amendment to Revise Water Adequacy Requirements, Ordinance 2043 Page 7 of 14 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. 108 Text Amendment to Revise Water Adequacy Requirements, Ordinance 2043 Page 8 of 14 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 code 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. 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. 109 Text Amendment to Revise Water Adequacy Requirements, Ordinance 2043 Page 9 of 14 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. SECTION 4 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for approval under this title, the Planning Board 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 110 Text Amendment to Revise Water Adequacy Requirements, Ordinance 2043 Page 10 of 14 providing for demand estimates to occur when greater information relevant to future need is 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. 111 Text Amendment to Revise Water Adequacy Requirements, Ordinance 2043 Page 11 of 14 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. 112 Text Amendment to Revise Water Adequacy Requirements, Ordinance 2043 Page 12 of 14 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 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 113 Text Amendment to Revise Water Adequacy Requirements, Ordinance 2043 Page 13 of 14 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 5/17/2020 and 5/31/2020 for the Planning Board public hearing. New notices were published in the Bozeman Daily Chronicle 6/28/2020, 7/12/2020, and 7/26/2020 for the Zoning Commission and City Commission public hearings. One oral comment was received in support at the Zoning Commission. Any written comments will be provided. APPENDIX C – OWNER INFORMATION AND REVIEWING STAFF Applicant: 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 114 Text Amendment to Revise Water Adequacy Requirements, Ordinance 2043 Page 14 of 14 • A1 application form 115 Page 1 of 8 ORDINANCE NO. 2043 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING SECTION 38.410.130 OF THE BOZEMAN MUNICIPAL CODE TO REVISE WATER ADEQUACY REQUIREMENTS AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Bozeman (the “city”) has adopted land development and use standards to protect public health, safety and welfare and otherwise execute the purposes of Sections 76-2-304 and 76-3-102, MCA; and WHEREAS, Sections 76-2-304 and 76-3-102, MCA identify provision of adequate water supply as a purpose for municipal zoning and subdivision regulations; and WHEREAS, it is in the interests of the city and public welfare to ensure that provision of water is done in a manner that is timely and proportionate to demand for services; and WHEREAS, the city has identified water conservation as an important element of meeting future water needs and the city’s land use regulations need to be revised to facilitate conservation and recognize the influence of conservation on reducing water demand from development. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: 116 Ordinance 2032, Amending 38.410.130 of the Bozeman Municipal Code for Water Adequacy Page 2 of 8 Section 1 That Section 38.410.130 of the Bozeman Municipal Code be amended as follows: Sec. 38.410.130. - Water rights. A. Prior to a final approval of all development reviewed as a site plan, conditional use permit, planned unit development, or subdivision and prior to an annexation of any land, one of the following must occur: 1. Payment must be made to the city of a payment-in-lieu of water rights, calculated based on the annual demand for volume of water the development will require multiplied by the most current annual unit price; or 2. The city may elect to accept a transfer to the city of ownership of water rights if the water rights proposed to be transferred are legally and physically adequate as determined by the city to provide the annual volume of water the development will require. A transfer of ownership of water rights must be in a form and manner suitable for municipal purposes and as approved by the review authority. 3. In addition to but notwithstanding the above, a development may propose the installation of non-potable water systems for irrigation or other approved uses. The installation of a non-potable water system may result in a reduction in the payment required under subsection A.1 or amount of water rights under subsection A.2. To receive credit against the water demand calculation, the development must meet all physical requirements for such systems as established by the city and must comply with all applicable administrative requirements. B. If adequate water rights were transferred or a payment-in-lieu was previously provided to the city for the subject property, evidence of those rights or payment-in-lieu may be offered to demonstrate compliance with this section. If the expected demand for water by the proposed development increases by more than one acre-foot over that for which water rights or payment-in-lieu of water rights were previously provided, additional water rights or payment-in-lieu of water rights pursuant to subsection A equal to the 117 Ordinance 2032, Amending 38.410.130 of the Bozeman Municipal Code for Water Adequacy Page 3 of 8 difference between the previously provided water rights or payment-in-lieu and the estimated current demand or payment-in-lieu price must be provided. C. Provision of water rights or payment-in-lieu may be deferred: 1. By phase for phased developments. 2. For annexations of vacant land when the annexation is in excess of ten acres. 3. For annexation of parcels of ten acres or less, or for any size parcel if development exists on the area being annexed prior to the annexation and provision of water rights or payment-in-lieu pursuant to subsection A is provided at the time of annexation for the uses present on the site at the time of annexation. Subsequent development is subject to the provisions of subsection A. 4. For additional development beyond one dwelling unit per lot for lots zoned residential within a subdivision if water rights or payment-in-lieu is provided pursuant to subsection A prior to final plat for at least one residential unit on that lot. Additional development requires compliance with this section. A notice of restriction on future development in a form acceptable to the city must be recorded with the Gallatin County Clerk and Recorder prior to the city granting a waiver under this section. 5. For commercial, industrial and institutional uses, until final site plan approval or the issuance of any building permit, whichever occurs first. D. The city manager must adopt administrative procedures to implement this section. The director of public works must adopt standards for the calculation of demand for water use. The unit cost for payment-in-lieu must be established by commission resolution. The administrative procedures must include but need not be limited to standards governing acceptance of water right transfers, and a means to establish credits against the transfer of excess rights. The standards governing acceptance of water right transfers may enable a deferral of payment-in-lieu, provided that the party obligated for the payment-in-lieu executes a fee deferral agreement and related documents as approved by 118 Ordinance 2032, Amending 38.410.130 of the Bozeman Municipal Code for Water Adequacy Page 4 of 8 the city attorney to be recorded at the Gallatin County Clerk and Recorder's office securing the amount due. E. The amount paid for a payment-in-lieu must be calculated using the per unit price in effect on the date the payment-in-lieu of water rights is to be made to the city. The director of public works must make proper distribution to the funds for which such payments are made of all money collected. Sec. 38.410.130. - Water adequacy. A. Subject to subsections B and C, prior to final approval by the review authority of development occurring under this chapter or chapter 10, the applicant must offset the entire estimated increase in annual municipal water demand attributable to the development pursuant to subsection D. B. Compliance with this section is triggered if the estimated increase in annual municipal water demand attributable to the development exceeds 0.25 acre-feet after accounting for the following items as they relate to the development: 1. Current average annual municipal metered water demand; 2. Water demand offsets from a prior payment of cash-in-lieu of water rights; 3. Water demand offsets from a prior transfer of water rights into city ownership, and; 4. Water demand offsets from an existing water adequacy agreement or similarly purposed document. C. Compliance with this section is deferred for the following developments until the occurrence of future development if the applicant records a notice of restriction on future development in a form acceptable to the review authority with the Gallatin County Clerk and Recorder: 1. An annexation that expressly defers this section under an annexation agreement; 2. Individual lots of a subdivision final plat planned for future multiple-household development; 3. Individual lots of a subdivision final plat planned for future commercial, industrial, or institutional development, or; 4. Future phases of a phased site development. D. The city will determine the estimated increase in annual municipal water demand attributable to the development. The applicant must offset the estimated increase in annual municipal water demand attributable to the development through one or more of the following means: 1. Transfer of water rights into city ownership that are appurtenant to the land being developed, or other water rights that may be available for transfer, that the city determines to be useful. 2. Implementation of onsite and/or offsite water efficiency and conservation measures that reduce the estimated annual municipal water demand attributable to the development by one or more of the following methods: 119 Ordinance 2032, Amending 38.410.130 of the Bozeman Municipal Code for Water Adequacy Page 5 of 8 a. Installation of high efficiency indoor water using fixtures, appliances, and products that are more water efficient than city-adopted plumbing codes or state or federal minimum standards. b. Installation of unirrigated, or minimally irrigated, drought resistant or drought tolerant landscaping that exceeds the minimum requirements of division 38.550 of this chapter. c. Installation of high efficiency or water conserving irrigation componentry that exceeds the minimum requirements of division 38.550 of this chapter. d. Installation of non-potable water supply systems for landscaping irrigation purposes. e. Other water efficiency and conservation methods brought forward as part of the development by the applicant that the review authority may at its discretion approve. 3. Payment to the city of cash-in-lieu of water rights for that portion of the estimated annual municipal water demand attributable to the development that is not offset under subsections D.1 and D.2. E. The unit cost for payment of cash-in-lieu of water rights will be established by city commission resolution. The cash-in-lieu of water rights payment amount provided by the applicant under subsection D.3 must be calculated using the unit cost effective on the date the payment is made to the city. The director of public works must deposit all payments received under this section, upon receipt, in the cash-in-lieu of water rights fund. F. The city manager may adopt, and from time to time amend, administrative procedures to implement this section. The administrative procedures may at a minimum include the following items: 1. Standards established by the director of public works to determine the estimated increase in annual municipal water demand attributable to development. 2. Standards established by the director of public works to determine water demand offset amounts for implementation of water efficiency and conservation measures and water rights transferred into city ownership 3. Standards governing acceptance of water rights transferred into city ownership. 4. Standards to establish and govern the use of water demand offsets credits for that portion of demand offsets provided by an applicant that are in excess of the estimated increase in annual municipal water demand attributable to the development. 5. A process that provides for administrative appeals of determinations made by the review authority under this section. 6. Specific criteria that if met may authorize the review authority to waive this section. 7. Standards governing acceptance of water right transfers and establishing water demand offset credits may enable a deferral of payment of cash-in-lieu of water rights provided that the applicant records with the Gallatin County Clerk and Recorder an executed water 120 Ordinance 2032, Amending 38.410.130 of the Bozeman Municipal Code for Water Adequacy Page 6 of 8 adequacy agreement and related documents as approved by the city attorney securing the amount due. Section 2 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 3 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 provisions of the Bozeman Municipal Code not amended by this ordinance shall remain in full force and effect. Section 4 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 5 Codification. This Ordinance shall be codified as indicated in Section 1. Section 6 121 Ordinance 2032, Amending 38.410.130 of the Bozeman Municipal Code for Water Adequacy Page 7 of 8 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the ______th day of ____________, 2020. ____________________________________ CHRIS MEHL Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk 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 ___ of ____________________, 2020. The effective date of this ordinance is ______________, 2020. _________________________________ CHRIS MEHL Mayor ATTEST: _______________________________ MIKE MAAS City Clerk 122 Ordinance 2032, Amending 38.410.130 of the Bozeman Municipal Code for Water Adequacy Page 8 of 8 APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 123 A1 DEVELOPMENT REVIEW APPLICATION PROJECT IMAGE PROJECT INFORMATION Project name: Project type(s): Description: Street address: Zip code: Zoning: Gross lot area: Block frontage: Number of buildings: Type and Number of dwellings: Non-residential building size(s): (in stories) Non-residential building height(s): Number of parking spaces: Afordable housing (Y/N): Cash in lieu of parkland (Y/N): VICINITY MAP CITY USE ONLY Submittal date: Application fle number: Planner: DRC required (Y/N): Revision Date: Development Review Application A1 Page 1 of 3 Revision Date: 5.16.18 REQUIRED FORMS: Varies by project type, PLS 124 DEVELOPMENT REVIEW APPLICATION 1. PROPERTY OWNER Name: Full address (with zip code): Phone: Email: 2. APPLICANT Name: Full address (with zip code): Phone: Email: 3. REPRESENTATIVE Name: Full address (with zip code): Phone: Email: 4. SPECIAL DISTRICTS Overlay District: Neighborhood Conservation None Urban Renewal District: Downtown North 7th Avenue Northeast North Park None 5. CERTIFICATIONS AND SIGNATURES This application must be signed by both the applicant(s) and the property owner(s) (if diferent) for all application types before the submittal will be accepted. The only exception to this is an informal review application that may be signed by the applicant(s) only. As indicated by the signature(s) below, the applicant(s) and property owner(s) submit this application for review under the terms and provisions of the Bozeman Municipal Code. It is further indicated that any work undertaken to complete a development approved by the City of Bozeman shall be in conformance with the requirements of the Bozeman Municipal Code and any special conditions established by the approval authority. I acknowledge that the City has an Impact Fee Program and impact fees may be assessed for my project. Further, I agree to grant City personnel and other review agency representative’s access to the subject site during the course of the review process (Section 38.34.050, BMC). I (We) hereby certify that the above information is true and correct to the best of my (our) knowledge. Certifcation of Completion and Compliance – I understand that conditions of approval may be applied to the application and that I will comply with any conditions of approval or make necessary corrections to the application materials in order to comply with municipal code provisions. Statement of Intent to Construct According to the Final Plan – I acknowledge that construction not in compliance with the approved fnal plan may result in delays of occupancy or costs to correct noncompliance. continued on next page Development Review Application A1 Page 2 of 3 Revision Date: 5.16.18 REQUIRED FORMS: Varies by project type, PLS 125 DEVELOPMENT REVIEW APPLICATION Applicant Signature: Printed Name: Owner Signature: Printed Name: Owner Signature: Printed Name: If signing as a corporation or LLC, please provide the title and position of the individual signing on behalf of the corporation/LLC. Attach separate sheets for additional owner signatures. 6. APPLICATION TYPES Check all that apply, use noted forms. 1. Pre-application Consultation 2. Master Site Plan 3. Site Plan 4. Subdivision pre-application 5. Subdivision preliminary plan 6. Subdivision fnal plan 7. Subdivision exemption 8. Condominium Review 9. PUD concept plan 10. PUD preliminary plan 11. PUD fnal plan 12. Annexation and Initial Zoning 13. Administrative Interpretation Appeal 14. Administrative Project Decision Appeal . Commercial Non-residential COA 16. Historic Neighborhood Conservation Overlay COA 17. Informal Review 18. Zoning Deviation/Departure . Zoning or Subdivision Variance . Conditional Use Permit 21. Special Temporary Use Permit 22. Special Use Permit 23. Regulated Activities in Wetlands 24. Zone Map Amendment (non-Annexation) 25. UDC Text Amendment 26. Growth Policy Amendment 27. Modifcation/Plan Amendment . Extension of Approved Plan . Reasonable Accommodation 30. Comprehensive Sign Plan 31. Other: CONTACT US FORM FORM None INF MSP None SP 19 Z/SVAR PA 20 CUP PP STUP FP SUP SE WR CR ZMA PUDC ZTA PUDP GPA PUDFP MOD ANNX 28 EXT AIA 29 RA APA CSP 15 CCOA NCOA Alfred M. Stif Professional Building 20 East Olive Street 59715 (FED EX and UPS Only) PO Box 1230 Bozeman, MT 59771 phone 406.582.2260 fax 406.582.2263 planning@bozeman.net www.bozeman.net Development Review Application A1 Page 3 of 3 Revision Date: 5.16.18 REQUIRED FORMS: Varies by project type, PLS 126