Missoula council approves Riverfront Trails phase development review with water-rights conditions

The Missoula City Council on Oct. 20 approved a phase development review and phasing plan amendment for Riverfront Trails Subdivision phases 1B and 2, subject to new conditions intended to resolve city water-rights and capacity issues.

City senior planner Tara Porcari summarized the item during the council’s public hearing, saying the review covers phases 1B and 2 of a 176‑lot subdivision near Jeanette Rankin Elementary and the Bitterroot River and is required by state law to check for any new impacts since preliminary plat approval. “This item is for the Riverfront Trail Subdivision phase development review for phases 1 b and phase 2, which also includes a phasing plan amendment,” Porcari said.

The council’s action amended the conditions attached to the subdivision’s preliminary plat approval from Dec. 12, 2022, to reflect recently available information, notably a city‑applicant development agreement that addresses shortfalls in the city’s water rights for the project. Andy Schultz, city engineer for utilities, told the council the city has “limited water rights availability” in the area and that staff has negotiated a development agreement with the applicant to transfer additional water rights and fund required infrastructure.

Porcari outlined the two new recommended conditions: language to ensure the orderly transfer and use of water rights to the city and a requirement that the final plat include a reminder of the city’s authority to prohibit irrigation or sprinkling if monthly water allotments are exceeded. “Including these will basically just help to ensure kind of the smooth transfer of water rights to the city and the installation of all the infrastructure necessary to utilize those water rights,” Porcari said.

The applicant also requested extensions to the deadlines for filing final plats: staff said the request would extend phase 1B’s final‑plat deadline by three years (to 2028) and phase 2’s final‑plat deadline by four years (to 2030). Porcari noted the requested dates comply with state and local maximum deadlines for final platting.

Councilor Nate Nugent moved approval, saying the motion was based on the staff report, findings of fact and conclusions of law, and the amended conditions. Councilor Sierra Anderson asked whether similar allotment conditions have been used on other subdivisions; Schultz said staff has imposed similar usage restrictions in nearby Linda Vista but that the current developer agreement—requiring water-right transfer to the city in advance—is not a previously used mechanism in that neighborhood.

The council voted by roll call; all present members voted yes and the motion passed unanimously.

The phase development review cannot deny a phase outright but permits the council to update conditions where new significant impacts are identified. In this case, staff concluded the new information about water rights warranted the added conditions and recommended approval.

Council and staff said they will monitor implementation through the final‑plat review and the development agreement, which sets expectations for when water rights and infrastructure must be in place before new lots can be served.

The council’s approval advances the subdivision’s phased work on nearly 93 acres zoned RT 5.4 residential, with the parkland area along the Bitterroot River zoned OP2 open and resource lands. Phase 1A, which included the parkland and an LDS temple site, was filed in June 2024; a later phase (phase 3) will require its own phase development review before final platting.