Missoula City Council on Oct. 20 unanimously approved the phase development review and a phasing-plan amendment for Riverfront Trails Subdivision phases 1b and 2, a residential project on Lower Miller Creek Road near Jeanette Rankin Elementary.

The action updates conditions tied to water-rights mitigation after city utility staff confirmed the city currently lacks sufficient water rights to serve the development. Tara Porcari, senior planner with the permits and land use group, told the council that staff had negotiated a development agreement with the applicant and recommended new conditions to ensure the transfer of water rights and required infrastructure before full use. "Phase Development Review can't result in a denial of any given phase," Porcari said, describing the review's limited legal scope to identify new impacts and update conditions where necessary.

The council's approval authorizes the applicant to proceed toward final plat subject to the amended conditions of preliminary plat approval and the new water-related requirements. Councilor Nugent moved the motion to approve; the motion passed by roll-call vote with all members present voting yes.

Why it matters: Phase development review is a state-mandated check between preliminary and final plats to determine whether new information—such as changed plans, infrastructure capacity, or policy updates—creates significant impacts that require revised conditions before a final plat is filed. In this case, the city's water-rights capacity and a subsequent development agreement were the key new facts prompting updated conditions.

Details from staff: Porcari told the council the subdivision received preliminary plat approval in December 2022 and contains 176 lots on nearly 93 acres. Zoning for the development is RT 5.4 residential, with a significant park area zoned OP-2 along the Bitterroot River. The phases before the council (1b and 2) include a series of residential lots and internal streets; phase 1a (previously filed) included the parkland and an LDS temple site. Phase 3 will return for a future phase development review prior to final plat.

Porcari said the applicant requested extensions to the final-plat deadlines—an additional three years for phase 1b and four years for phase 2—based on the permitted maximums under state and local subdivision rules. The staff report was updated to reflect a new city land use plan adopted since the preliminary plat; Porcari said that adoption does not negate the preliminary approval but required updated findings of fact and conclusions of law.

Water conditions: Public Works staff identified insufficient city water rights to serve the subdivision. Andy Schultz, city engineer for utilities, told the council the city has "limited water rights availability" in the area and that staff had worked with the applicant on a development agreement. As reflected in the recommended conditions, the agreement and conditions aim to (a) ensure transfer of the acquired water rights to the city before the city accepts them for use, (b) require installation of the infrastructure necessary to utilize those rights, and (c) include final-plat language reminding owners of the city's authority to prohibit irrigation if monthly water allotments are exceeded.

Public comment and council discussion: The public hearing drew no public speakers. Council discussion focused on precedent and implementation: Councilor Anderson asked whether the city had imposed similar allotment restrictions on previous subdivisions; Schultz answered that the city had used similar restrictions in the Linda Vista State Subdivision but had not required water-right transfers to the city ahead of time.

Motion and vote: Councilor Nugent moved to approve the phase development review and phasing-plan amendment for Riverfront Trails Subdivision phases 1b and 2, based on the findings of fact and conclusions of law in the staff report and subject to the recommended, amended conditions of preliminary plat approval from Dec. 12, 2022. The council voted by roll call; the motion passed unanimously.

Next steps: With council approval of the phase development review and the updated conditions in place, the applicant may proceed toward filing final plats for the approved phases, subject to satisfying the new water-rights and infrastructure conditions and any other preliminary-plat requirements.