HomeMy WebLinkAboutOrdinance 12- 1839, amending BMC 38.23.180 modifying how water rights are determined Co.
ORDINANCE NO. 1839
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF ROZEMAN,
MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE
AMENDED BY AMENDING SECTION 38.23.180 MODIFYING HOW WATER
RIGHTS ARE DETERMINED AS ACCEPTABLE BY THE CITY AND THE TIMING
OF WHEN THEY MUST BE PROVIDED.
WHEREAS, the City of Bozeman has adopted a Unified Development Code (UDC)
which establishes standards and procedures for land use and development under the City's
authority to zone established in Title 76, Chapter 2, Part 3, MCA and procedures and standards
for review and processing of divisions of land as required by Title 76, Chapter 3, MCA; and
WHEREAS, the proposed UDC text amendment application has been properly
submitted, and reviewed, and all necessary public notice was given for all public hearings; and
WHEREAS, the Bozeman Zoning Commission and Planning Board held a joint public
hearing on July 31, 2012 to receive and review all written and oral testimony on the request fora
UDC text amendment; and
WHEREAS, no members of the public offered comment on the proposed ordinance;
and
Page 1 of 5
WHEREAS, as shown in Resolution Z-12163, the Bozeman Zoning Commission and
Planning Board recommended to the Bozeman City Commission that the proposed UDC text
amendments be approved; and
WHEREAS, after the public hearing it was determined beneficial to separate the
amendments to Section 38.23.180 from the other amendments in draft Ordinance 1830 and a
separate Ordinance 1839 was crafted; and
WHEREAS, after proper notice, the City Commission held a public hearing on August
27, 2012, to receive and review all written and oral testimony on the request for a text
amendment to the UDC; and
WHEREAS, the City Commission reviewed and considered the relevant UDC text
amendment criteria established by Section 76-2-304, M.C.A., and found the proposed UDC text
amendment to be in compliance with the purposes of the title as locally adopted in Section
1.8.02.040, BMC, and that the amendments would yield a superior outcome for the community
than the text as presently exists; and
WHEREAS, at its public hearing on August 27th, the City Commission found that the
proposed UDC text amendment would be in compliance with Bozeman's adopted growth policy
and applicable statutes and would be in the public interest.
NOW,THEREFORE,BE IT ORDAINED by the City Commission of the City of
Bozeman, Montana,that;
Section 1
Section 38.23.180 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
Sec. 38.23.180. - Water rights.
A. Prior to a final approval of all development reviewed as a site plan, conditional use permit,
Page 2 of 5
planned unit development, or subdivision and prior to an annexation of any land, one of the
following must occur:
1. Payment shall 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 cily may elect to accept a 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 ci 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 authority4ir-����.
B. If adequate water rights 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 difference between the previously provided water rights or
payment-in-lieu and the estimated current demand or payment-in-lieu price shall be provided.
C. Provision of water rights or payment-in-lieu may be deferred:
LI Bby phase for phased developments., eT-
2. Ffor annexations of vacant land when the phase or-annexation is in excess of ten acres.
3.For annexation of parcels of ten acres or less or for an size parcel if development exists
on the area being annexed prior to the annexation and provision of water rights or pa ymenl-in-
lieu pursuant to subsection A 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 developmenLbeyand one dwelling unit.,.-per lot for lots zoned residential
within a subdivision if water rightLpr pffment-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 the this section. A notice of restriction on future development in a form
acceptable to the city shall be recorded with the Gallatin CojLnq Clerk and Recorder rior to the
ci1y granting a waiver under this subsection,
D. The city manager may adopt administrative procedures to implement this section. The
director of public services shall adopt standards for the calculation of demand for water use. The
city eemmissieii shall establish the unit cost for payment-in-lieu shall be established by
resolution.
E. The amount paid for a payment-in-lieu shall 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.
Section 2
Page 3 of 5
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 Provision 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
The provisions of Section I shall be codified as appropriate in Chapter 38 of the Bozeman
Municipal Code.
Section 6
Effective Date
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY PASSED by the City Commission of the City of Bozeman, Montana,
on first reading at a regular session held on the 27"' day of August,2012,
Page 4 of 5
'EAN A. BECKER
Mayor
ATTEST:
S N#,, NM� .
C ty
c k . APPR kD A TO FORM:
MGR G SULLIVAN
City orney
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 10`x' day of
September, 2012. The effective date of this ordinance is October 1.0, 2012.
w
SEAN A. BECI&R
Mayor
ATTEST:
ZuX`
ST C
City-Cle
<�1 APPR�ED FORM:
G... SULLIVAN
C1ty ttorney
Page 5 of 5