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HomeMy WebLinkAboutComplete_with_Docusign_25703_Findings_of_Fac25703 Findings of Fact and Order for Gran Cielo Phase 3 Subdivision Page 1 of 26 25703 Gran Cielo Phase 3 Subdivision Preliminary Plat Public Meeting/Hearing Dates: Planning Board meeting was held Monday, April 6, 2026 at 6:00 pm. City Commission meeting was held Tuesday, April 21, 2026 at 6:00 pm Project Description: A preliminary plat requesting to subdivide four lots in block 14 of Gran Cielo Subdivision Phase 2 into a major subdivision for residential and open space uses. 42 single household and townhome lots and are proposed to replace 4 multi-household (apartment use) lots, with 1 open space lot set aside for a stormwater pond. One lot at the southeast corner of the block will be subject to a further development application and is intended to be built with rowhouses. Additional uses of land within the subdivision include an extension of S. 28th Avenue north through the block from Bennett Boulevard to Apex Drive, and an east-west pedestrian pathway between South 29th Avenue to South 27th Avenue. The subject property is zoned R-5. This application was deemed complete prior to the February 1, 2026 effective date of the repeal and replace of Chapter 38 of the Bozeman Municipal Code (BMC) also known as the 2025 Unified Development Code (2025 UDC). This project is subject to the standards and review procedures of the UDC in effect prior to February 1, 2026. Project Location: Addresses TBD, northwest of the corner of South 27th Avenue and Bennett Boulevard, South of Apex Drive, and East of South 29th Avenue. Staff Finding: The application conforms to standards and is sufficient for approval with conditions and code provisions. Recommended Planning Board Motion: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 25703 and move for the Community Development Board in its capacity as the Planning Board to recommend approval of the subdivision with conditions and subject to all applicable code provisions. Recommended City Commission Motion: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 25703 and move to approve the subdivision with conditions and subject to all applicable code provisions. Report Date: May 11, 2026 Staff Contact: Danielle Garber, Senior Planner Alicia Paz-Solis, Project Engineer Agenda Item Type: Consent (Quasi-judicial) Docusign Envelope ID: 2CECD5C1-E94C-8FEB-835A-89E80DD6E4A5 25703 Findings of Fact and Order for Gran Cielo Phase 3 Subdivision Page 2 of 26 EXECUTIVE SUMMARY This report is based on the application materials submitted and public comment received to date. The application materials are available in the City’s Laserfiche archive and may be accessed through the Community Development viewer. Unresolved Issues. There are no unresolved issues with this application. Project Summary The Department of Community Development received a Preliminary Plat Application on November 26, 2025 requesting a major subdivision to further subdivide Lots 1-4 and Common Open Space C of Block 14 of Gran Cielo Subdivision Phase 2 into 42 lots. The subject property is zoned R-5 (Residential High Density District). This land was previously reviewed under the following applications: • 17522 Gran Cielo Major Subdivision Preliminary Plat (external link to the Finding of Facts and Order signed July 16, 2018) • 19219 Gran Cielo Major Subdivision Preliminary Plat (external link to the online document repository for this project) Application 17522 provided the primary review for the Gran Cielo Major Subdivision and the findings of fact was signed in July of 2018. On February 1, 2019, Application 19219 was submitted for changes requested to the amount of provided parkland and park design. The proposed changes under application 19219 were reviewed at a public hearing on September 23, 2019 and the Findings of Fact and Order was signed on November 4, 2019. All required infrastructure has been constructed or financially guaranteed and subsequent final plat applications have been reviewed and recorded for all proposed lots in the subdivision under the following applications: • 19472 Gran Cielo Subdivision Phase 1 Final Plat • 20362 Gran Cielo Subdivision Phase 1A Final Plat • 21414 Gran Cielo Subdivision Phase 2 Final Plat. This subsequent major subdivision is located in Phase 2 and the recorded Phase 2 Final Plat may be viewed in the city’s online document repository under document 003 – Existing Recorded Plat. This subdivision represents a change of use from multi-household residential lots, subject to subsequent site plan review, to single household and townhome/rowhome lots. Lot lines will be added to further subdivide the most recently platted four large lots into smaller building permit ready lots. All proposed lots meet the minimum lot area and width standards required in Section 38.320.030 of the Bozeman Municipal Code (BMC) for the proposed uses. Docusign Envelope ID: 2CECD5C1-E94C-8FEB-835A-89E80DD6E4A5 25703 Findings of Fact and Order for Gran Cielo Phase 3 Subdivision Page 3 of 26 The subject property was also reviewed previously as a multi-household development on each of the four lots under the Gran Cielo Block 14 Master Site Plan, application 22389, and subsequent Gran Cielo Block 14 Phase 1 and Phase 2 site plans, under applications 22391 and 24029. The master site plan received final approval and the phase 1 site plan application received preliminary approval on April 8, 2024. With this subsequent major site plan application these applications will be withdrawn. Previous payments for water adequacy will be applied as a credit per code provision 4 below. South 27th and South 29th Avenues, Bennett Boulevard and Apex Drive adjacent to Block 14 have already been constructed and accepted by the City. This application proposes to extend South 28th Avenue, currently constructed south of Bennett Boulevard into the property to provide legal and physical access interior to the block. As previously approved with Gran Cielo Phase 2, an east-west pedestrian corridor will be utilized via easement to mitigate block length and connect pedestrians between 27th Avenue and 29th Avenue. The previously approved 30-foot wide public trail easement will be vacated, and a new 10-foot wide pedestrian easement will be dedicated with this application, slightly north of the existing easement. This approach is consistent with BMC 38.410.040.D which allows right-of-way for pedestrians in lieu of a street to be at least 10-feet wide, see code provision 8 below. Water and sewer mains serving the subject property exist in all streets surrounding the block. The applicant proposes water and sewer main extensions from Bennett Boulevard, Apex Drive, South 27th and South 28th Avenues, and through three proposed alleys located within the subdivision. Providing utility service through proposed alleys minimizes impacts to existing infrastructure by avoiding the construction of multiple utility service stubs within existing paved streets. Due to the proposed presence of water and sewer mains, the alleys are proposed to have a platted width of 30-feet to meet the City’s utility easement width requirements that allow for adequate space for long-term access and maintenance of public utilities. Code provision 3.b requires long term funding for private maintenance of alleys that contain city utility infrastructure. No phasing is proposed. The site does not contain surface water or wetlands, existing vegetation, or public lands. Pre-application review was completed on October 1, 2025. BMC 38.220.060.A requires documentation of compliance with adopted standards unless waivers have been granted during the pre-application process. Waivers were granted from the following documentation requirements: Floodplains; Groundwater; Geology Soils, Slopes; Vegetation; Wildlife; and Agriculture. Waivers were not requested or not granted for the following documentation requirements: Surface water; Agricultural water user facilities; Water and sewer; Stormwater management; Streets, roads, and alleys; Non-municipal utilities; Land use; Parks and recreation; Neighborhood center; Lighting plan; Miscellaneous; Affordable housing; and growth policy compliance. Documentation of compliance for the categories not waived can be found in the application documents folder. Docusign Envelope ID: 2CECD5C1-E94C-8FEB-835A-89E80DD6E4A5 25703 Findings of Fact and Order for Gran Cielo Phase 3 Subdivision Page 4 of 26 On January 30, 2026 the Development Review Committee (DRC) found the application sufficient for continued review and recommends the conditions and code provisions identified in this report. On April 6, 2026 the Community Development Board (CDB), acting in its capacity as the Planning Board considered the application and provided a unanimous 6-0 recommendation for approval. Board Member Egnatz asked staff questions related to subsequent building permits and review processes for meeting minimum densities following the subdivision creation under the recently adopted 2025 UDC. Staff responded that minimum density would not be revisited for most of the subdivision since the application proposes primarily single household lots that are not subject to further plan review. No public comment was provided at the meeting. The subdivider did not request any variances with this application. As of the writing of this report one letter of public comment has been received from J. Bennett on March 17, 2026 in support of the proposed subdivision. The final decision for this preliminary plat must be made by April 27, 2026 or 60 working days from the sufficiency date per BMC 38.240.100 and MCA 76-3-616 for exempt subdivisions. On April 21, 2026, the City Commission voted unanimously 5-0 to approve consent agenda items G.1 – G.7. This subdivision was approved with that vote as agenda item G.5. No discussion was provided. A video of the City Commission meeting may be viewed on the City’s streaming website. No public comment was received. Alternatives 1. Approve the application with the recommended conditions; 2. Approve the application with modifications to the recommended conditions; 3. Deny the application based on the Commission’s findings of non-compliance with the applicable criteria contained within the staff report; or 4. Continue the public meeting on the application, with specific direction to staff or the subdivider to supply additional information or to address specific items. Docusign Envelope ID: 2CECD5C1-E94C-8FEB-835A-89E80DD6E4A5 25703 Findings of Fact and Order for Gran Cielo Phase 3 Subdivision Page 5 of 26 TABLE OF CONTENTS EXECUTIVE SUMMARY .........................................................................................................2 Unresolved Issues. ...........................................................................................................2 Project Summary .............................................................................................................2 Alternatives .....................................................................................................................4 SECTION 1 – MAP SERIES ......................................................................................................6 SECTION 2 – REQUESTED VARIANCES ............................................................................. 10 SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL ......................................... 10 SECTION 4 – CODE REQUIREMENTS ................................................................................. 10 SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS ........................................... 14 SECTION 6 – STAFF ANALYSIS and findings ....................................................................... 14 Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC. .......................... 14 Documentation of compliance with adopted standards 38.220.060 ................................. 17 SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 21 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY .................................... 23 APPENDIX B – DETAILED PROJECT DESCRIPTION ......................................................... 25 APPENDIX C – NOTICING AND PUBLIC COMMENT ........................................................ 25 APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................ 25 FISCAL EFFECTS ................................................................................................................... 25 ATTACHMENTS ..................................................................................................................... 25 Docusign Envelope ID: 2CECD5C1-E94C-8FEB-835A-89E80DD6E4A5 25703 Findings of Fact and Order for Gran Cielo Phase 3 Subdivision Page 6 of 26 SECTION 1 – MAP SERIES Exhibit 1 – Zoning Docusign Envelope ID: 2CECD5C1-E94C-8FEB-835A-89E80DD6E4A5 25703 Findings of Fact and Order for Gran Cielo Phase 3 Subdivision Page 7 of 26 Exhibit 2 – Future Land Use Map (2025) Docusign Envelope ID: 2CECD5C1-E94C-8FEB-835A-89E80DD6E4A5 25703 Findings of Fact and Order for Gran Cielo Phase 3 Subdivision Page 8 of 26 Exhibit 3 – Proposed Preliminary Plat for Block 14 Docusign Envelope ID: 2CECD5C1-E94C-8FEB-835A-89E80DD6E4A5 25703 Findings of Fact and Order for Gran Cielo Phase 3 Subdivision Page 9 of 26 Exhibit 4 – Existing Recorded Lots, Block 14 Gran Cielo Phase 2 Docusign Envelope ID: 2CECD5C1-E94C-8FEB-835A-89E80DD6E4A5 25703 Findings of Fact and Order for Gran Cielo Phase 3 Subdivision Page 10 of 26 SECTION 2 – REQUESTED VARIANCES No variances are requested with this application. SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. These conditions are specific to this project. Recommended Conditions of Approval: 1. The plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey and Subdivision Plats (24.183.1104 ARM) and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The Final Plat application shall include one (1) signed reproducible copy on a 3 mil or heavier stable base polyester film (or equivalent). The Gallatin County Clerk & Recorders office has elected to continue the existing medium requirements of 1 mylar with a 1 binding margin on one side for both plats and COSs. The Clerk and Recorder will file the new Conditions of Approval sheet as the last same sized mylar sheet in the plat set 2. The applicant shall submit with the application for Final Plat review and approval, a written narrative stating how each of the conditions of preliminary plat approval and noted code provisions have been satisfactorily addressed. This narrative shall be in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. 3. The subject property is located within the Meadow Creek Subdivision Sewer Payback. If the subject property did not participate in the original cost of construction of improvements the subject property will be assessed a payback charge prior to final plat approval. SECTION 4 – CODE REQUIREMENTS 1. Sec. 38.100.080 – Compliance with regulations required. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. Sec. 38.220.070.A.3 Noxious Weeds. Prior to final plat approval, a memorandum of understanding must be entered into by the weed control district and the developer. The memorandum of understanding must be signed by the district and the developer prior to final plat approval, and a copy of the signed document must be submitted to the com-munity development department with the application for final plat approval. 3. Sec. 38.220.310, and 320. Property owners’ association. Updated Property owners’ association (POA) documents including covenants must be provided with the final plat prior to being finalized and recorded. The POA documents must include the requirements of BMC 38.220.310, and 320 where applicable. Additionally, the following must be included: a. In accordance with BMC 38.270.090, the subdivision stormwater maintenance plan must clearly state that the Property Owners’ Association, as recorded in the CC&Rs, must be responsible for maintenance of all permanent and temporary stormwater Docusign Envelope ID: 2CECD5C1-E94C-8FEB-835A-89E80DD6E4A5 25703 Findings of Fact and Order for Gran Cielo Phase 3 Subdivision Page 11 of 26 management facilities located outside of the public right-of-way. The approved stormwater plan must be incorporated into the Property Owners’ Association governing documents, and documentation demonstrating inclusion of the stormwater maintenance plan must be provided prior to final plat approval. b. The applicant must provide a permanent funding source, such as the levying of assessments against all properties within the development, for alley maintenance where alleys in the development are designed to accommodate public utility lines and other infrastructure. The alleys in the proposed subdivision functioning as privately maintained public streets for the purposes of utility conveyance must provide the required documentation detailed in BMC 38.400.020.A.2 prior to final plat approval. 4. Sec. 38.410.130 - Water adequacy. Water adequacy and payment of any remaining cash-in- lieu of water rights (CILWR) is required prior to final plat approval. A CILWR credit of 5.24 acre-fee, paid with Gran Cielo Block 14 Ph 1 SP, application number 22391, is available to be applied to the offset, however no other credit for the property has been found. If the owner is aware that additional CILWR was paid, please provide evidence of the payment and the application(s) it was paid under. The applicant must provide the annual irrigation water requirement. The preliminary estimate for the subdivision is 12.67acre-feet however, the estimate can't be finalized until the irrigation demand is provided and verified by the City's Water Conservation Division. The demand must be offset prior to final plat approval. 5. Sec. 38.220.070.8—Conditions of approval. A sheet(s) of the plat depicting conformance with subdivision application approval must be submitted as set forth in 24.183.1107 ARM as may be amended and as required by the county clerk and recorder, and must: Be entitled "Conditions of Approval of [insert name of subdivision]" with a title block including the quarter-section, section, township, range, principal meridian, county, and, if applicable, city or town in which the subdivision is located. a. Contain any text and/or graphic representations of requirements by the governing body for final plat approval including, but not limited to, setbacks from streams or riparian areas, floodplain boundaries, no-build areas, building envelopes, or the use of particular parcels. b. Include a certification statement by the landowner that the text and/or graphics shown on the conditions of approval sheet(s) represent(s) requirements by the governing body for final plat approval and that all conditions of subdivision application have been satisfied. c. Include a notation stating that the information shown is current as of the date of the certification, and that changes to any land-use restrictions or encumbrances may be made by amendments to covenants, zoning regulations, easements, or other documents as allowed by law or by local regulations. d. Include a notation stating that buyers of property should ensure that they have obtained and reviewed all sheets of the plat and all documents recorded and filed in conjunction with the plat, and that buyers of property are strongly encouraged to contact the local community development department and become informed of any limitations on the use of the property prior to closing. e. List all associated recorded documents and recorded document numbers. Docusign Envelope ID: 2CECD5C1-E94C-8FEB-835A-89E80DD6E4A5 25703 Findings of Fact and Order for Gran Cielo Phase 3 Subdivision Page 12 of 26 f. Include a tabulation of parkland credit for the entire subdivision and attributed to each lot. g. Include a tabulation of open space. List easements, including easements for agricultural water user facilities. h. In addition, the applicant must add a note to the conditions of approval sheet of the plat that: i. The maintenance of all stormwater facilities, including stormwater facilities within the park parcels, is the responsibility of the property owners’ association (POA). ii. No crawl spaces will be permitted with future development of the site, unless a professional engineer registered in the State of Montana certifies that the lowest point of any proposed structure is located above the seasonal high groundwater level and provide supporting groundwater data prior to the release of building permit. In addition, sump pumps are not allowed to be connected to the sanitary sewer system. iii. Sump pumps are also not allowed to be connected to the drainage system unless capacity is designed into the drainage system to accept the pumped water. Water from sump pumps may not be discharged onto streets, such as into the curb and gutters where they may create a safety hazard for pedestrians and vehicles. iv. Include a notation stating that topsoil depth and topsoil quality requirements must be met on all future subdivided lots prior to installation of landscaping and irrigation, as outlined in the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual. v. Lot access must be constructed to the standard set forth by the City of Bozeman Design Standards and Specifications Policy, and the City of Bozeman Modifications to the Montana Public Works Standard Specifications per Bozeman Municipal Code Requirements. vi. This subdivision is exempt from parkland dedication per Sec. 38.420.020.B.5 BMC. 6. Sec. 38.240.410 through 38.240.540 – Plat certificates. The language contained in the certificates on the final plat must follow the language in the corresponding certificates in this code section. Since the final plat application is a separate application and will be subject to the new 2025 UDC text and subdivision procedures when submitted, please also reference BMC 38.750.150 (effective February 1, 2026). 7. Sec. 38.360.280 – Agricultural water user facilities. Prior to final plat approval, or City infrastructure approval, whichever occurs first, the applicant must obtain and provide written consent from the ditch owner for any proposed encroachment to ditch easements, including proposed street and sidewalk construction within South 27th Avenue and immediately adjacent to the west-side of South 27th Avenue. 8. Sec. 38.410.040.D – Rights-of-way for pedestrians. Rights-of-way not less than ten feet wide for pedestrian walks are required where deemed necessary to provide circulation or access to parks, open space, schools, playgrounds, shopping centers, transportation, and other community facilities. In addition, no continuous length of block may exceed 600 feet without Docusign Envelope ID: 2CECD5C1-E94C-8FEB-835A-89E80DD6E4A5 25703 Findings of Fact and Order for Gran Cielo Phase 3 Subdivision Page 13 of 26 intersecting a street or pedestrian walk. The proposed east-west pedestrian sidewalk is required to be installed and landscaped with the subdivision improvements. Pedestrian walks must be constructed as a city standard sidewalk and comply with the provisions of section 38.400.080. The pedestrian walk must be maintained by the adjacent property owners’ association. 9. Sec. 38.410.060 - Easements. All easements must be described, dimensioned and shown on the final plat in their true and correct location. In addition to the utility and pedestrian easements depicted with this preliminary plat application, prior to final plat approval the applicant must provide the following: a. Sec. 38.410.060.D – Easements for agricultural water user facilities. An agricultural water user easement meeting the requirements of 38.410.060.D must be recorded prior to final plat approval for all ditches on the property and within South 27th Ave that may convey water rights. 10. Sec. 38.410.080 – Grading and drainage. The developer must install complete drainage facilities in accordance with the requirements of the state department of environmental quality and the city and must conform to any applicable facilities plan and the terms of any approved site-specific stormwater control plan. The city's requirements are contained in the Design Standards and Specifications Policy and the City of Bozeman Modifications to Montana Public Works Standard Specifications, and by this reference these standards are incorporated into and made a part of these regulations. a. Prior to final infrastructure approval, the applicant must submit final stormwater facility layouts and routing documentation in accordance with DCS Chapter 6 (Stormwater) and DCS Section 2.2.3 (Stage 3 – Final Infrastructure Review). Final layout for facilities located within or draining public right-of-way such as the S. 27th Avenue proposed stormwater retention pond, S. 28th Avenue boulevard infiltrator, and Apex Pond must be coordinated with future roadway sections, pedestrian facilities, and utility alignments. b. Prior to final infrastructure approval, the applicant must provide final stormwater conveyance design in accordance with DCS Chapter 6, including specific inlet and structure locations, evaluation of inlet spacing and corner capture, and confirmation of roadway conveyance sizing. This review must include an evaluation of whether additional or dual inlets are required, particularly along South 27th Avenue. c. Prior to final infrastructure approval, the applicant must submit a final Operations and Maintenance Plan in accordance with DCS Chapter 6 that reflects the final approved infrastructure plans, constructed stormwater facility materials and configurations. The final plan must also clearly define long-term maintenance responsibilities, inspection activities, sediment removal approach, and maintenance access provisions, including identification of any required access or drainage easements necessary for City access to stormwater facilities that drain public right-of-way. 11. Sec. 38.550.070 – Landscaping of public lands. Landscaping in boulevards adjacent to open space parcels, landscaping within open space parcels, landscaping through mid-block crossings, and boulevard landscaping adjacent to arterial and collector streets is required to be installed or financially guaranteed prior to final plat approval. Additionally: Docusign Envelope ID: 2CECD5C1-E94C-8FEB-835A-89E80DD6E4A5 25703 Findings of Fact and Order for Gran Cielo Phase 3 Subdivision Page 14 of 26 a. Rock mulch is prohibited around public boulevard trees. Public boulevard trees must have a 3' diameter wood mulch ring 3"-4" in depth. Include a note this process will be followed during construction. See "City of Bozeman Landscape and Irrigation Performance and Design Standards Manual" Section 3.2.1 "Landscape Design Standards", "Tree Requirements Outside of Parking Lots and Boulevards", 3). SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS The Development Review Committee (DRC) determined the application was sufficient for continued review and recommended approval with conditions on January 30, 2026. Planning Board meeting was held Monday, April 6, 2026 at 6:00 pm City Commission meeting was held Tuesday, April 21, 2026 at 6:00 pm SECTION 6 – STAFF ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis in this report is a summary of the completed review. Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC. In considering applications for subdivision approval under this title, the advisory boards and City Commission shall consider the following: 1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting Act The preliminary plat was prepared in accordance with the surveying and monumentation requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered in the State of Montana. As noted in the code requirements, the final plat must comply with State statute, Administrative Rules of Montana, and the Bozeman Municipal Code. 2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act The final plat must comply with the standards identified and referenced in the Bozeman Municipal Code. The subdivider is advised that unmet code provisions, or code provisions not specifically listed as a condition of approval, do not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. Sections 3 and 4 of this report identify conditions and code provisions necessary to meet all municipal standards. The listed code requirements address necessary documentation and compliance with standards. Therefore, upon satisfaction of all conditions and code corrections the subdivision will comply with the subdivision regulations. Docusign Envelope ID: 2CECD5C1-E94C-8FEB-835A-89E80DD6E4A5 25703 Findings of Fact and Order for Gran Cielo Phase 3 Subdivision Page 15 of 26 3) Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act The Bozeman Planning Board public meeting and City Commission public hearings are properly noticed in accordance with the Bozeman Municipal Code. Based on the recommendation of the Development Review Committee (DRC) and other applicable review agencies, as well as any public testimony received on the matter, the City Commission will make the final decision on the subdivider’s request. Review of this subdivision was conducted under the terms of 76-3-616 MCA as authorized in 38.240.100. The Department of Community Development received a preliminary plat application on November 26, 2025. The DRC reviewed the preliminary plat application and determined the submittal was sufficient to allow for the continued review of the proposed subdivision. On January 30, 2026 the Development Review Committee (DRC) found the application sufficient for continued review and recommends the conditions and code provisions identified in this report. The applicant posted public notice on the subject property on March 13, 2026. The applicant sent public notice to all landowners of record within 200-feet of the subject property via first class mail, on March 13, 2026. As of the date of the writing of this report, one letter of public comment was received in support of the subdivision proposal from J. Bennett on March 17, 2026. On March 31, 2026 a major subdivision staff report was completed and forwarded with a recommendation of conditional approval for consideration to the Planning Board on April 6, 2026. On April 6, 2026 the Community Development Board (CDB), acting in its capacity as the Planning Board considered the application and provided a unanimous 6-0 recommendation for approval. Board Member Egnatz asked staff questions related to subsequent building permits and review processes for meeting minimum densities following the subdivision creation under the recently adopted 2025 UDC. Staff responded that minimum density would not be revisited for most of the subdivision since the application proposes primarily single household lots that are not subject to further plan review. No public comment was provided at the meeting. On April 9, 2026 a major subdivision staff report was completed and forwarded with a recommendation of conditional approval for the City Commission decision on April 21, 2026. On April 21, 2026, the City Commission voted unanimously 5-0 to approve consent agenda items G.1 – G.7. This subdivision was approved with that vote as agenda item G.5. No discussion was provided, and no public comment was received. A video of the City Commission meeting may be viewed on the City’s streaming website. 4) Compliance with Chapter 38, BMC and other relevant regulations Community Development staff and the DRC reviewed the preliminary plat against all applicable regulations and the application complies with the BMC and all other relevant regulations with Docusign Envelope ID: 2CECD5C1-E94C-8FEB-835A-89E80DD6E4A5 25703 Findings of Fact and Order for Gran Cielo Phase 3 Subdivision Page 16 of 26 conditions and code corrections. This report includes Conditions of Approval and required code provisions as recommended by the DRC for consideration by the City Commission to complete the application processing for final plat approval. All municipal water and sewer facilities will conform to the regulations outlined by the Montana Department of Environmental Quality and the requirements of the Design Standards and Specifications Policy (DSSP) and the City of Bozeman Modifications to Montana Public Works Standard Specifications. Water/sewer –Document 028 contains the supplementary capacity and design memo prepared by the applicant for existing infrastructure and new water and sewer mains. This memo was reviewed by the Engineering Division for compliance with state and local Public Works Standard Specifications, the City’s design standards, the City of Bozeman Water Facility Plan and was found to meet City’s review requirements. Adequate water distribution systems and capacity, and sewage collection and disposal capacity exist to serve the subdivision. Detailed utility design will be further evaluated during the infrastructure review stage by the Engineering Division. Code provision 4 requires the applicant offset estimated water demand prior to final plat approval per subsection D of BMC 38.410.130. Per this section, the applicant must provide payment of cash-in-lieu of water rights at a rate established by the most recent City Commission resolution. Easements - The final plat must provide and depict all necessary utilities and required utility easements. Public utilities are already located within dedicated street right of ways, with extensions proposed within South 28th Avenue and dedicated alleys. Additional easements are required for an agricultural user facility. 10-foot front yard utility easements are depicted on the preliminary plat and are proposed to be granted with the final plat in accordance with standards. See code provision 9 for easement requirements. Parks – No additional parkland is required per BMC 38.420.020.B.5 – Land dedication or its equivalent cash donation in-lieu of land dedication must not be required for a development for which the required amount of parkland is shown to have already been provided. The maximum parkland dedication for the underlying subdivision was provided with the initial phase of Gran Cielo. The city’s parks planner reviewed the application for compliance with parkland requirements and determined that no additional parkland is triggered by the additional lot lines. A developed public park constructed with the initial phase of Gran Cielo exists to the south of the subject property and is accessible via existing public sidewalks. Stormwater – Document 029 contains a draft stormwater management and design report. The design report will be finalized during the infrastructure review phase by the Engineering Division. The subject property contains existing stormwater infrastructure constructed for Gran Cielo Subdivision Phase 2, including the existing Apex Pond detention facility. This detention pond is currently located in the northwest corner of the subject property and is platted as Common Open Space C (see exhibit 4 depicting the existing recorded plat). This application proposes redesigning the detention pond to updated stormwater requirements, including modifications to storage and outlet controls structures, and adding additional stormwater capacity Docusign Envelope ID: 2CECD5C1-E94C-8FEB-835A-89E80DD6E4A5 25703 Findings of Fact and Order for Gran Cielo Phase 3 Subdivision Page 17 of 26 with the 27th Avenue right-of-way to accommodate runoff from new public improvements. The applicant provided calculations to ensure that the previous allocated capacity to the larger subdivision was accounted for, as well as demand from newly proposed public infrastructure. This report was reviewed by the Engineering Division for compliance with state and local Public Works Standard Specifications, the City’s design standards, and was found to preliminarily meet code requirements with code provision 10 outlining remaining review requirements with the final layout. Code provision 3 requires the property owners’ association to maintain all stormwater facilities outside of the public right-of-way and to incorporate an updated maintenance plan into the association documents prior to final plat approval. This will ensure the proper maintenance of necessary stormwater infrastructure after the subdivision is fully built out. Police/Fire – The City of Bozeman’s Police and Fire emergency response area includes this subject property. The subdivision does not impact the City’s ability to provide emergency services to the subject property. The necessary addresses will be provided to enable 911 response to individual parcels prior to recording of the final plat. Required fire hydrants exist to serve the 2 proposed lots. 5) The provision of easements to and within the subdivision for the location and installation of any necessary utilities The final plat will provide and depict all necessary utilities and required utility easements. 10- foot front yard utility easements are depicted on the preliminary plat and are proposed to be granted with the final plat in accordance with standards. 6) The provision of legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel The final plat will provide legal and physical access to each parcel within the subdivision. The new proposed lots have access from all existing streets, as well as proposed alleys and the proposed extension of South 28th Avenue into the subject property. All lots are designed with at least 25-feet of frontage on a public street and/or a public street and an improved alley as required in BMC 38.400.090. Documentation of compliance with adopted standards 38.220.060 The Development Review Committee (DRC) completed a subdivision pre-application plan review on October 1, 2025 and no variances were requested. Waivers were granted as indicated in each section below. Staff offers the following summary comments on the documents required with Article 38.220.060, BMC. 38.220.060.A.1 – Surface water No surface water is present within the subject property. The applicant provided a letter from Sundog Ecological, Inc. dated January 21, 2026 documenting existing nearby surface water and wetlands previously delineated in 2024 and 2025. This letter can be viewed under application document 020. Per this letter, “No waterway or wetlands were observed along the [South] 27th Docusign Envelope ID: 2CECD5C1-E94C-8FEB-835A-89E80DD6E4A5 25703 Findings of Fact and Order for Gran Cielo Phase 3 Subdivision Page 18 of 26 Avenue Expansion corridor from 300 feet south of Bennett Boulevard to the north side of Apex Drive.” A lateral of the Middle Creek canal flows from south to north along the eastern boundary and crosses the northeast corner of the subject property. Per the applicant’s surface water documentation “A short section of the ditch was previously re-aligned and piped under South 27th avenue. Improvements to South 27th avenue and the installation of a water main will occur within close proximity to the piped section of the ditch, and thus Middle Creek Ditch Company was notified per BMC 38.360.280.B.” See a further discussion of agricultural water user facilities below. 38.220.060.A.2 - Floodplains No flood hazards were evaluated during review of this application. Documentation of this standard was waived with the pre-application review. 38.220.060.A.3 - Groundwater A geotechnical investigation was conducted during the initial preliminary plat review under Application No. 17522. A new report was not required with this application. Condition of Approval 1 on the original recorded Gran Cielo Subdivision Phase 2 plat limits the construction of crawlspaces or basements due to seasonal high groundwater tables present at the subject property. Code provision 5 requires a conditions of approval page to be added to the proposed plat for final plat review. The applicant must add the following notes: No crawl spaces will be permitted with future development of the site, unless a professional engineer registered in the State of Montana certifies that the lowest point of any proposed structure is located above the seasonal high groundwater level and provide supporting groundwater data prior to the release of building permit. In addition, sump pumps are not allowed to be connected to the sanitary sewer system; and Sump pumps are also not allowed to be connected to the drainage system unless capacity is designed into the drainage system to accept the pumped water. Water from sump pumps may not be discharged onto streets, such as into the curb and gutters where they may create a safety hazard for pedestrians and vehicles. Documentation of this standard was waived with the pre-application review. 38.220.060.A.4 - Geology, Soils and Slopes This subdivision will not significantly impact the geology, soils or slopes. No significant geological features or slopes exist on the site. A new geotechnical investigation report was not required with this application. Documentation of this standard was waived with the pre- application review. 38.220.060.A.5 - Vegetation There is no significant vegetation on the subject property aside from naturally occurring grasses and ground cover. The subject property is currently used for construction staging for the larger development. Noxious weeds must be controlled and a memorandum of understanding must be signed by the weed control district and the developer final to final plat approval. Documentation of this standard was waived with the pre-application review. Docusign Envelope ID: 2CECD5C1-E94C-8FEB-835A-89E80DD6E4A5 25703 Findings of Fact and Order for Gran Cielo Phase 3 Subdivision Page 19 of 26 38.220.060.A.6 - Wildlife Subdivision of a previously subdivided block located entirely within an urban setting will not significantly impact wildlife. Residential development already exists along the southern boundary and the subject property has been actively used for construction staging for some years. Documentation of this standard was waived with the pre-application review. 38.220.060.A.7 - Agriculture This subdivision will not impact agriculture. No agricultural activities are conducted on the site. Documentation of this standard was waived with the pre-application review. 38.220.060.A.8 - Agricultural Water User Facilities A lateral of the Middle Creek canal flows from south to north along the eastern boundary and crosses the northeast corner of the subject property. Per the applicant’s surface water documentation “A short section of the ditch was previously re-aligned and piped under South 27th Avenue. Improvements to South 27th Avenue and the installation of a water main will occur within close proximity to the piped section of the ditch, and thus Middle Creek Ditch Company was notified per BMC 38.360.280.B.” Per City requirements, the applicant is required with code provision 7 to obtain and provide written consent from the ditch owner for any new encroachment within the ditch easement, including the proposed South 27th Avenue sidewalk or any related improvement. Code provision 9.a requires easements for agricultural water user facilities be provided prior to final plat approval for all ditches on the property and within South 27th Avenue that may convey water rights. 38.220.060.A.9 - Water and Sewer See discussion above under primary review criteria. Water and sewer mains serving the subject property exist in all streets surrounding the block. The applicant proposes water and sewer main extensions from Bennett Boulevard, Apex Drive, and South 27th Avenue partially within the new extension of South 28th Avenue, but mainly within 3 alleys proposed with the subdivision. Adequate water distribution systems and capacity, and sewage collection and disposal capacity exists to serve the subdivision. Detailed utility design will be further evaluated during the infrastructure review stage by the Engineering Division. 38.220.060.A.10 - Stormwater Management The subdivision will modify the existing detention pond to comply with recently adopted stormwater design standards, and to add additional stormwater capacity with the South 27th Avenue right-of-way. See the discussion above under primary review criteria. 38.220.060.A.11 - Streets, Roads and Alleys The subdivision will not significantly impact the City’s street infrastructure. Local street access is existing and proposed to be expanded. South 27th and South 29th Avenues, Bennett Boulevard and Apex Drive adjacent to Block 14 have already been constructed and accepted by the City. This application proposes to extend South 28th Avenue, currently constructed south of Bennett Docusign Envelope ID: 2CECD5C1-E94C-8FEB-835A-89E80DD6E4A5 25703 Findings of Fact and Order for Gran Cielo Phase 3 Subdivision Page 20 of 26 Boulevard into the property to provide legal and physical access interior to the block. As part of this subdivision, South 27th Avenue must be improved along the project frontage (Apex to Bennett Boulevard) to meet the City’s collector street section standards. This will ensure the corridor develops consistently and has the appropriate long-term capacity. Document 030 contains the 2017 Gran Cielo Subdivision traffic impact study (TIS) and an updated TIS dated November 21, 2025 prepared by a professional engineer licensed with the State of Montana. The updated TIS provided a comparison of this new subdivision layout, lot count, and projected traffic generation characteristics to the original study. Per the new TIS “This update is necessary due to substantial changes in the roadway network west of South 19th Avenue since the original TIS, including the construction of South 27th Avenue between Stucky Road and West Graf Street.” The TIS details traffic capacity data for existing conditions, as well as projected trip generation utilizing accepted ITE manuals, and found that “the updated estimates indicate a 23 percent reduction in projected trips. This decrease is primarily due to revised assumptions reflecting lower development density and updated trip generation rates from the latest ITE manual. These updated projections offer a more accurate representation of anticipated traffic volumes associated with the full buildout of Phase 3.” Additionally, “The Bozeman TMP [Transportation Master Plan] recommends to widen Stucky Road to a three-lane urban collector roadway from Gooch Hill Road to South 19th Avenue. This improvement is scheduled in the current CIP (SIF191) for construction in 2027.” The City’s transportation engineer reviewed this report, and the proposed street design for compliance with state and local Public Works Standard Specifications, the City’s design standards, and was found to meet code requirements. 38.220.060.A.12 – Non-Municipal Utilities The applicant has received confirmation of future service connections from Charter Communications for the proposed subdivision. This response is provided under document 031. Northwestern Energy equipment is existing within the front yard 10-foot utility easements along all existing rights-of-way surrounding the subject property. New front yard utility easements are proposed along South 28th Avenue, and within rear yards adjacent to alleys and will provide location flexibility for non-municipal utilities during buildout of the subdivision infrastructure. A will-serve letter was provided by Northwestern Energy under document 031.1. 38.220.060.A.13 - Land Use The application has provided future land use data consistent with the R-5 zoning district under document 032. Proposed land uses for the subdivision are single household residential including townhomes and rowhomes. Building permits for lots created by this subdivision will be subject to Bozeman Municipal Code (BMC) provisions at the time of application, and the new R-D zoning designation for the subject property. 38.220.060.A.14 - Parks and Recreation Facilities No additional parkland dedication or cash-in-lieu of parkland is required with this subdivision. The Parks Department reviewed the parkland requirements during the DRC review process. See discussion above under primary review criteria. Docusign Envelope ID: 2CECD5C1-E94C-8FEB-835A-89E80DD6E4A5 25703 Findings of Fact and Order for Gran Cielo Phase 3 Subdivision Page 21 of 26 38.220.060.A.15 - Neighborhood Center Plan To provide a neighborhood focal point, all residential subdivisions that are ten net acres in size or greater, must have a neighborhood center. A neighborhood center was provided with the original Gran Cielo Subdivision. 38.220.060.A.16 - Lighting Plan Street lighting was installed or financially guaranteed with the Gran Cielo Phase 2 Subdivision final plat. The applicant proposes additional street lighting, detailed under application document 035, as well as bollard lighting within the east-west pedestrian pathway between 27th and 29th Avenues. 38.220.060.A.17 - Miscellaneous The proposed subdivision is not located within 200 feet of any public land access or within a delineated Wildland Urban Interface area. No health or safety hazards on-site or off-site will be created with this development. 38.220.060.A.19 - Affordable Housing This application does not rely on incentives authorized in 38.380. Therefore, no analysis is required. SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS A. PURSUANT to Chapter 38, Article 2, BMC, and other applicable sections of Chapter 38, BMC, public notice was given, opportunity to submit comment was provided to affected parties, and a review of the preliminary plat described in these findings of fact was conducted. B. The purposes of the preliminary plat review were to consider all relevant evidence relating to public health, safety, welfare, and the other purposes of Chapter 38, BMC; to evaluate the proposal against the criteria and standards of Chapter 38 BMC; and to determine whether the plat should be approved, conditionally approved, or denied. C. The matter of the preliminary plat application was considered by the City Commission at a public meeting on April 21, 2026 at which time the Department of Community Development Staff reviewed the project, submitted and summarized the conditions of approval, and summarized the public comment submitted to the City prior to the public meeting in the provided staff report. D. The City Commission requested public comment at the public meeting on April 21, 2026 and no public comment was received. E. It appeared to the City Commission that all parties and the public wishing to examine the proposed preliminary plat and offer comment were given the opportunity to do so. After receiving the recommendation of the relevant advisory bodies established by Section Chapter 38, BMC, and considering all matters of record presented with the application and during the public comment period defined by Chapter 38, BMC, the City Docusign Envelope ID: 2CECD5C1-E94C-8FEB-835A-89E80DD6E4A5 25703 Findings of Fact and Order for Gran Cielo Phase 3 Subdivision Page 22 of 26 Commission has found that the proposed preliminary plat would comply with the requirements of the Bozeman Municipal Code if certain conditions were imposed. Therefore, being fully advised of all matters having come before her regarding this application, the City Commission makes the following decision. F. The preliminary plat has been found to meet the criteria of Chapter 38, BMC, and is therefore approved, subject to the conditions listed in Section 3 of this report and the correction of any elements not in conformance with the standards of the Chapter including those identified in Section 4 of this report. The evidence contained in the submittal materials, advisory body review, public testimony, and this report, justify the conditions imposed on this development to ensure that the final site plan and subsequent construction complies with all applicable regulations, and all applicable criteria of Chapter 38, BMC. G. This City Commission order may be appealed by bringing an action in the Eighteenth District Court of Gallatin County, within 30 days after the adoption of this document by the City Commission, by following the procedures of Section 76-3-616, MCA. The preliminary approval of this minor subdivision shall be effective for one (1) year from the date of the signed Findings of Fact and Order approval. At the end of this period the City may, at the request of the subdivider, grant an extension to its approval by the Community Development Director for a period of mutually agreed upon time. DATED this ________ day of _____________________, 2026 BOZEMAN CITY COMMISSION _________________________________ JOEY MORRISON Mayor ATTEST: _______________________________ MIKE MAAS Docusign Envelope ID: 2CECD5C1-E94C-8FEB-835A-89E80DD6E4A5 June2nd 25703 Findings of Fact and Order for Gran Cielo Phase 3 Subdivision Page 23 of 26 City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: This application was deemed complete prior to the February 1, 2026 effective date of the repeal and replace of Chapter 38 of the Bozeman Municipal Code (BMC) also known as the 2025 Unified Development Code (2025 UDC). This project is subject to the standards and review procedures of the UDC in effect prior to February 1, 2026. Prior to February 1, the subject property was zoned R-5, and is now zoned R-D. The following is an analysis of R-5 zoning, with a brief summary of R-D zoning below. The subject property is zoned R-5, Residential mixed-use high density district. The intent of the R-5 residential mixed-use high density district is to provide for high-density residential development through a variety of compatible housing types and residentially supportive commercial uses in a geographically compact, walkable area to serve the varying needs of the community's residents. These purposes are accomplished by: 1. Providing for a mixture of housing types, including single and multi-household dwellings to serve the varying needs of the community's residents. 2. Allowing offices and small scale retail and restaurants as secondary uses provided special standards are met. Use of this zone is appropriate for areas adjacent to mixed-use districts and/or served by transit to accommodate a higher density of residents in close proximity to jobs and services. This application meets the intent of the R-5 district by adding additional residential homes in proximity to an established park, and nearby mixed-use and commercial zoned districts. The proposed subdivision meets minimum R-5 density requirements within an emerging area of development within the City. The overall subdivision provides a mixture of housing types including single household, townhomes, and rowhomes. Nearby zoning includes R-3, R-4, and REMU. Un-annexed commercial uses exist within a quarter mile of the proposed subdivision. Docusign Envelope ID: 2CECD5C1-E94C-8FEB-835A-89E80DD6E4A5 25703 Findings of Fact and Order for Gran Cielo Phase 3 Subdivision Page 24 of 26 Annexed and zoned mixed-use nodes exist within a quarter to a half mile to the northeast and southeast. The single household lots within this proposed subdivision will be subject to building permit review following infrastructure construction and final plat approval and recording. These building permits will be subject to R-D zoning requirements within the 2025 UDC update at the time of submittal. R-D zoning is directly correlated to the previous R-5 zoning within the text update. Areas previously zoned R-5 were zoned R-D in the 2025 UDC. R-5 and R-D are both Residential Mixed Use High Density Districts, and both correlate to the 2020 and 2025 Bozeman Community Plan designation of Urban Neighborhood (Residential). Adopted Growth Policy Designation: This subdivision at the time of submittal was subject to the Bozeman Community Plan 2020 (2020 BCP). Table 4 of the 2020 BCP shows the correlation between the future land use map designation of Urban Neighborhood and implementing zoning R-5 district. Prior to preliminary plat adequacy and completeness on January 30, 2026, the 2025 Bozeman Community Plan (2025 BCP) was adopted by the City Commission with Resolution 2025-71 on October 28, 2025. This technical update incorporated the new zoning districts from the 2025 UDC update changing the correlating zoning district within the Urban Neighborhood designation from R-5 to R-D. This application is subject to the 2025 BCP since the 2025 plan was adopted prior to adequacy of this application in January, 2026. As noted above, R-D zoning is directly associated with the previous R-5 zoning within the text update. Areas previously zoned R-5 were zoned R-D in the 2025 UDC update. R-5 and R-D are both Residential Mixed Use High Density Districts. The below overview of growth policy is for the 2025 BCP. The subject property is designated as Urban Neighborhood. R-5/R-D zoning is properly correlated to the Urban Neighborhood land use designation. This category promotes neighborhoods substantially dominated by housing, yet integrated with small-scale commercial and civic uses. The housing can include single-attached and small single-detached dwellings, apartments, and live-work units. If buildings include ground floor commercial uses, residences should be located on upper floor. Variation in building mass, height, and other design characteristics should contribute to a complete and interesting streetscape. Secondary supporting uses, such as retail, office, and civic uses, are permitted on the ground floor. All uses should complement existing and planned residential uses. Non-residential uses are expected to be pedestrian oriented and emphasize the human scale with modulation in larger structures. Stand alone, large, non-residential uses are discouraged. Non-residential spaces should provide an interesting pedestrian experience with quality urban design for buildings, sites, and open spaces. This category is appropriate near commercial centers. Larger areas should be well served by multimodal transportation routes. Multi-unit, higher density, urban development is expected. Any development within this category should have a well-integrated transportation and open Docusign Envelope ID: 2CECD5C1-E94C-8FEB-835A-89E80DD6E4A5 25703 Findings of Fact and Order for Gran Cielo Phase 3 Subdivision Page 25 of 26 space network that encourages pedestrian activity and provides ready-access within and adjacent development. This proposed subdivision is well suited to implement the Urban Neighborhood designation by providing additional residential homes within an established residential neighborhood and correlated zoning district. Nearby REMU and B-2M zoning provides opportunities for future commercial development within a half mile of the proposed subdivision. An open space trail network and parks are located to the south, southeast, and east, with recently approved and yet unconstructed expansions to parks and trails to the west and southwest. This application will expand the public ROW transportation system and public realm including a local street and associated sidewalks and an east-west pedestrian pathway. APPENDIX B – DETAILED PROJECT DESCRIPTION Project Background and Description A preliminary plat application by the applicant, WWC Engineering, 895 Technology Boulevard, Suite 203, Bozeman, MT 59718, representing owner Bozeman Haus LLC, 15267 SE Rivershore, Vancouver, WA 98683. See the full background of application approvals for this property in the executive summary. APPENDIX C – NOTICING AND PUBLIC COMMENT Notice was provided at least 15 and not more than 45 days prior to the City Commission public meeting per BMC 38.220.420, The City scheduled public notice for this application to begin on March 16, 2026. The applicant posted public notice on the subject property on March 13, 2026 and sent public notice to physically adjacent landowners of record within 200-feet of the subject property via first class mail on March 13, 2026. The City has received one public comment from J. Bennett on March 17, 2026 in support of the proposed subdivision. APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF Owner: Bozeman Haus LLC, 15267 SE Rivershore, Vancouver, WA 98683. Applicant: WWC Engineering, 895 Technology Boulevard, Suite 203, Bozeman, MT 59718 Representative: Same as Applicant Report By: Danielle Garber, Senior Planner FISCAL EFFECTS Fiscal impacts are undetermined at this time, but will include property tax revenues from new development, along with increased costs to deliver municipal services to the property. Impact fees will be collected at the time of building permit issuance for individual buildings along with City sewer and water connection fees. ATTACHMENTS The full application and file of record can be viewed digitally at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715, the application drawings and documents Docusign Envelope ID: 2CECD5C1-E94C-8FEB-835A-89E80DD6E4A5 25703 Findings of Fact and Order for Gran Cielo Phase 3 Subdivision Page 26 of 26 and a copy of the public notice may be viewed in the City’s online document repository located at https://www.bozeman.net/departments/community-development/planning/project-information- portal, select the “Project Documents Folder” link and navigate to application 25703 located within the 2025 folder. Project documents and drawings are available at this direct link to the public document repository for application 25703. The following are direct links to documents and drawings available in the online public archive under application 25703: • Drawing 001 1 Preliminary Plat Page 1 • Drawing 001 2 Preliminary Plat Page 2 • Document 002 Response to Pre-App Comments • Document 006 Subdivision Information • Document 008 Streets, Roads, and Grades • Document 015 Waivers • Document 018 Landscape • Document 020 Surface Water • Document 027 Agricultural Water User Facilities • Document 028 Water and Sewer • Document 029 Stormwater Management • Document 030 Streets, Roads, and Alleys • Document 042 Ditch Noticing Correspondence Docusign Envelope ID: 2CECD5C1-E94C-8FEB-835A-89E80DD6E4A5 Certificate Of Completion Envelope Id: 2CECD5C1-E94C-8FEB-835A-89E80DD6E4A5 Status: Completed Subject: Complete with Docusign: 25703_Findings_of_Fact.pdf Source Envelope: Document Pages: 26 Signatures: 3 Envelope Originator: Certificate Pages: 5 Initials: 0 Alex Newby AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) Stamps: 1 alex.newby@bozemanmt.gov IP Address: 155.190.3.7 Record Tracking Status: Original 6/3/2026 10:02:27 AM Holder: Alex Newby alex.newby@bozemanmt.gov Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Signer Events Signature Timestamp Greg Sullivan greg.sullivan@bozemanmt.gov City of Bozeman Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 155.190.3.7 Sent: 6/3/2026 10:07:42 AM Viewed: 6/3/2026 10:19:03 AM Signed: 6/3/2026 10:19:12 AM Electronic Record and Signature Disclosure: Accepted: 6/3/2026 10:19:03 AM ID: 343d0631-a65c-49b2-8700-9b73262bedec Joey Morrison joey.morrison@bozemanmt.gov Mayor Security Level: Email, Account Authentication (None)Signature Adoption: Drawn on Device Using IP Address: 2600:100e:b09d:1a38:d8c1:d007:b80f:200b Signed using mobile Sent: 6/3/2026 10:19:13 AM Viewed: 6/3/2026 4:06:11 PM Signed: 6/3/2026 4:06:26 PM Electronic Record and Signature Disclosure: Accepted: 6/3/2026 4:06:11 PM ID: 42f06ce6-7431-4447-bb26-04341acfbca4 Mike Maas mike.maas@bozemanmt.gov City Clerk City of Bozeman Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 155.190.3.7 Sent: 6/3/2026 4:06:29 PM Viewed: 6/9/2026 12:53:49 PM Signed: 6/9/2026 12:54:29 PM Electronic Record and Signature Disclosure: Accepted: 8/23/2022 2:22:44 PM ID: b1bb90fd-5db8-4a5f-9451-9536f39ef003 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Danielle Garber danielle.garber@bozemanmt.gov Security Level: Email, Account Authentication (None) Sent: 6/3/2026 10:07:41 AM Viewed: 6/3/2026 11:26:15 AM Electronic Record and Signature Disclosure: Not Offered via Docusign Michelle Chapel michelle.chapel@bozemanmt.gov Records Coordinator City Bozeman Security Level: Email, Account Authentication (None) Sent: 6/9/2026 12:54:31 PM Electronic Record and Signature Disclosure: Accepted: 2/24/2026 9:38:21 AM ID: 1fa4538c-9b38-40d2-9e1a-390aa0445f47 Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 6/3/2026 10:07:41 AM Certified Delivered Security Checked 6/9/2026 12:53:49 PM Signing Complete Security Checked 6/9/2026 12:54:29 PM Completed Security Checked 6/9/2026 12:54:31 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City Manager (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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