HomeMy WebLinkAboutSIGNED FOF F.4 25157_FOF Gran Cielo Block 4 PP25157 Findings of Fact and Order for Gran Cielo Block 4 Subdivision Page 1 of 22
25157 City Commission Findings of Fact and Order for the Gran Cielo Block
4 Subdivision Preliminary Plat
Public Meeting/Hearing Dates:
Planning Board meeting was held - Monday, July 21, 2025 at 6:00 pm.
City Commission meeting was held Tuesday, August 12, 2025 at 6:00 pm
Project Description: A preliminary plat requesting to further subdivide 5 lots in Block 4 of
Gran Cielo Subdivision into a 7 lot subdivision for residential single household uses. The
subdivision is proposed on 0.69 acres and is zoned R-3.
Project Location: Addresses TBD, Northeast of the corner of Cielo Way and South 31st 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 25157 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 25157 and move to approve the subdivision
with conditions and subject to all applicable code provisions.
Report Date: August 28, 2025
Staff Contact: Danielle Garber, Senior Planner
Alicia Paz-Solis, Project Engineer
Agenda Item Type: Consent (Quasi-judicial)
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.
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Project Summary
The Department of Community Development received a Preliminary Plat Application on April
24, 2025 requesting a minor subdivision to further subdivide Lots 1-5, Block 4 of Gran Cielo
Subdivision Phase 2 into 7 lots. The subject property is zoned R-3 (Residential Medium 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 minor 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.
Proposed land uses of single household residential are not proposed to change from the initial
subdivision review. Lot lines for the existing 5 undeveloped lots will be adjusted to
accommodate the 2 new lots proposed. All proposed lots meet the minimum lot area and width
standards required in Section 38.320.030 of the Bozeman Municipal Code (BMC).
South 13st Avenue adjacent to Block 4 has already been constructed and accepted by the City.
Water and sewer lines mains serving the subject property exist and are located in South 31st
Avenue. The 2 new proposed lots have available access from the already constructed South 31st
Avenue, and the alley that runs north-south through the center of Block 4. Three new water
service lines from the main in South 31st Avenue are proposed, as well as 2 new sewer lines.
No phasing is proposed. No new infrastructure, streets, lighting, or city parks are proposed. The
site does not contain surface water or wetlands, existing vegetation, or public lands.
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Pre-application review was completed on February 24, 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: Surface Water; Floodplains; Groundwater; Geology Soils, Slopes; Vegetation;
Wildlife; Agriculture; Agricultural Water User Facilities; Park and Recreation Facilities;
Neighborhood Center Plan; Lighting Plan; Miscellaneous; And Affordable Housing. Partial
waivers were granted for the required engineering reports for water and sewer, stormwater
management, and streets, roads and alleys with supplemental memos prepared by a professional
engineer licensed it the State of Montana indicating capacity exists to accommodate the 2
additional homes.
On June 12, 2025 the Development Review Committee (DRC) found the application sufficient
for continued review and recommends the conditions and code provisions identified in this
report.
On July 21, 2025 the Community Development Board (CDB) acting in its capacity as the
Planning Board considered the application and provided a unanimous 5-0 recommendation for
approval. There were no questions to staff and no discussions regarding the proposed
subdivision. No public comment was received during review of the agenda item; however, a
public comment was received during the general public comment following the vote. The
comment was related to this application as well as the general UDC update. The commentor
expressed disappointment in the single household uses as it relates to housing and infrastructure
costs, as well as how single household growth in medium density zoning generally impacts
surrounding county open lands. The Commenter provided a price comparison between attached
single household uses (townhomes and duplexes), and detached single household uses (single
family homes). The commenter also related these comments to the proposed UDC update and the
development of the newly proposed R-B medium density zoning district. Staff response to this
public comment, while not directly related to the agenda item, can be found in Appendix C of
this report.
The subdivider did not request any variances with this application. The City did not receive any
written public comment on the application as of the writing of this report.
The final decision for this preliminary plat must be made by September 9, 2025 or 60 working
days from the sufficiency date per BMC 38.240.100 and MCA 76-3-616 for exempt
subdivisions.
The City Commission held a public meeting to consider the application for approval on August
12, 2025 at 6:00 pm. A video of the meeting is available on the City’s Streaming Video Archive.
No public comment was received. The motion to approval consent items F.1 to F.10 passed
unanimously.
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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.
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TABLE OF CONTENTS
EXECUTIVE SUMMARY .........................................................................................................1
Unresolved Issues. ...........................................................................................................1
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 ........................................... 12
SECTION 6 – STAFF ANALYSIS and findings ....................................................................... 12
Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC. .......................... 12
Documentation of compliance with adopted standards 38.220.060 ................................. 15
SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 18
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY .................................... 20
APPENDIX B – DETAILED PROJECT DESCRIPTION ......................................................... 21
APPENDIX C – NOTICING AND PUBLIC COMMENT ........................................................ 21
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................ 22
FISCAL EFFECTS ................................................................................................................... 22
ATTACHMENTS ..................................................................................................................... 22
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SECTION 1 – MAP SERIES
Exhibit 1 – Zoning
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Exhibit 2 – Future Land Use Map
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Exhibit 3 – Preliminary Plat Layout (see full sheet in file, under drawing 001)
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Exhibit 4 – Site and Services Layout (see full sheet in file, under drawing 002)
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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.
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. 38.220.310, 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 based on the existing documents revise
and add the following.
a. Prior to final plat approval, provide an exhibit with the stormwater maintenance plan
identifying all the stormwater features that the POA maintains. This exhibit must be
included in a supplemental declaration and be recorded with the minor subdivision plat.
3. Sec. 38.410.130 - Water Adequacy. The applicant has indicated they intend to pay cash-in-
lieu of water with future development to satisfy this section of the Bozeman Municipal Code.
The estimated annual municipal demand from the addition of the two lots is 0.468 acre-feet.
At the City's current CILWR fee rate of $6,000/AF the CILWR fee for the project is $2,808.
The amount and rate must be confirmed with the Engineering Division and paid prior to final
plat approval.
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4. 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.
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.
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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.
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 June 12, 2025.
Planning Board meeting was held - Monday, July 21, 2025 at 6:00 pm. Board members voted
unanimously 5-0 to recommend approval of the proposed subdivision. Video of the meeting may
be found on the City’s Website. No public comment was received during review of the agenda
item; however, a public comment was received during the general public comment following the
vote. The comment was related to this application as well as the general UDC update. Staff
response to this public comment, while not directly related to the agenda item, can be found in
Appendix C of this report.
City Commission meeting held a public meeting to consider the application for approval on
Tuesday, August 12, 2025 at 6:00 pm. A video of the meeting is available on the City’s
Streaming Video Archive. No public comment was received. The motion to approval consent
items F.1 to F.10 passed unanimously.
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
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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.
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 were
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 April
24, 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 June 12, 2025 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 June 20, 2025. The applicant sent
public notice to all landowners of record within 200-feet of the subject property via first class
mail, on June 20, 2025. No written public comment had been received on this application as of
the writing of this report.
On July 15, 2025 a major subdivision staff report was completed and forwarded with a
recommendation of conditional approval for consideration to the Planning Board.
On July 21, 2025 the Community Development Board (CDB) acting in its capacity as the
Planning Board considered the application and provided a unanimous 5-0 recommendation for
approval. There were no questions to staff and no discussions regarding the proposed
subdivision. No public comment was received during review of the agenda item; however, a
public comment was received during the general public comment following the vote. The
comment was related to this application as well as the general UDC update. The commentor
expressed disappointment in the single household uses as it relates to housing and infrastructure
costs, as well as how single household growth in medium density zoning generally impacts
surrounding county open lands. Staff response to this public comment, while not directly related
to the agenda item, can be found in Appendix C of this report.
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On July 31, 2025 a major subdivision staff report was completed and forwarded with a
recommendation of conditional approval to the City Commission. The motion to approval
consent items F.1 to F.10 passed unanimously on August 12, 2025.
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
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 – The additional 2 lots will not significantly burden city water and sewer
infrastructure. Document 028 contains the supplementary capacity memo prepared by a
professional engineer licensed with the State of Montana with water and wastewater calculations
demonstrating the additional demand per day. This memo and the attached original design report
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 exists to serve two additional households
within the subdivision. Code provision 3 requires the applicant offset estimated water demand
prior to final plat approval per subsection D of BMC 38.410.130. Per this section, the application
may either transfer water rights into city ownership that are appurtenant to the land being
developed or as acceptable to the city, provide payment of cash-in-lieu of water rights at a rate
established by the most recent City Commission resolution, or a combination of both.
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. No additional
easements are required. Ten-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.
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 two additional lots.
A developed public park constructed with the initial phase of Gran Cielo exists about a half
block, or less than 200 feet from the subject property and is accessible via public sidewalks.
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Stormwater – The additional 2 lots will not significantly burden constructed stormwater
facilities within the Gran Cielo Subdivision. Document 029 contains the supplementary capacity
memo prepared by a professional engineer licensed with the State of Montana. This memo and
the attached original design 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 meet code requirements. 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 as the subdivision is
further 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. Ten-
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
two new proposed lots have access from South 31st Avenue and the alley within Block 4.
Documentation of compliance with adopted standards 38.220.060
The Development Review Committee (DRC) completed a subdivision pre-application plan
review on February 24, 2025and 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 or adjacent to the subject property. Documentation of this
standard was waived with the pre-application review.
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.
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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 4 requires a conditions of approval page 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 existing vegetation on the subject property. Documentation of this standard was
waived with the pre-application review.
38.220.060.A.6 - Wildlife
Subdivision of the small block located entirely within an urban setting will not significantly
impact wildlife. Residential development already exists along all boundaries. Documentation of
this standard was waived with the pre-application review.
38.220.060.A.7 - Agriculture
This subdivision will not impact agriculture. Residential development already exists along all
boundaries. Documentation of this standard was waived with the pre-application review.
38.220.060.A.8 - Agricultural Water User Facilities
No agricultural water user facilities are located within or adjacent to the subject property.
Residential development already exists along all boundaries. Documentation of this standard was
waived with the pre-application review.
38.220.060.A.9 - Water and Sewer
The subdivision will not significantly impact city water and sewer infrastructure. The
subdivision will be served from existing installed, and accepted infrastructure. Service stub
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locations will be revised to accommodate the construction of two additional homes on the block.
See discussion above under primary review criteria.
38.220.060.A.10 - Stormwater Management
The subdivision will not significantly impact stormwater infrastructure. See 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. No additional streets
or street improvements are required with this subdivision. Local street access is existing.
Document 030 contains the supplementary capacity memo prepared by a professional engineer
licensed with the State of Montana. This memo and the attached traffic impact study waiver 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 meet code requirements.
According to the memo “All roads were recently constructed as part of the Gran Cielo I major
subdivision. The increase of approximately 19 trips over the course of a single day or 2 more
trips during peak hour demonstrates the current local road capacity is sufficient.”
38.220.060.A.12 – Non-Municipal Utilities
The applicant has received confirmation of future service connections from Charter, and
Yellowstone Fiber for the proposed subdivision. These responses are provided under Document
031. Northwestern Energy equipment is existing within the front yard 10-foot utility easement.
The applicant has been advised by Northwestern Energy during the review process that the
realignment of lot lines and the addition of two new lots will require the relocation of equipment
and stubs. A construction application with Northwestern Energy is required to facilitate these
changes.
38.220.060.A.13 - Land Use
The application has provided future land use data consistent with the R-3 zoning district under
Document 032. Proposed land uses for the subdivision are single household residential.
Development of lots within the subdivision will be subject to Bozeman Municipal Code (BMC)
provisions at the time of development.
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.
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. Documentation of this standard was waived with the pre-
application review.
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38.220.060.A.16 - Lighting Plan
Street lighting was installed or financially guaranteed with the Gran Cielo Phase 2 Subdivision
final plat. Documentation of this standard was waived with the pre-application review.
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. Documentation of this standard was waived with the pre-
application review.
38.220.060.A.19 - Affordable Housing
This application does not rely on incentives authorized in 38.380. Therefore, no analysis is
required. Documentation of this standard was waived with the pre-application review.
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 August 12, 2025 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 August 12,
2025 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
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.
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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 single-phased major subdivision shall be effective for two
(2) years 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 _____________________, 2025
BOZEMAN CITY COMMISSION
_________________________________
TERRY CUNNINGHAM
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
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September9th
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APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The subject property is zoned R-3, Residential Medium Density District. The intent of the R-3
residential medium density district is to provide for the development of one- to five-household
residential structures near service facilities within the city. This purpose is accomplished by:
1. Providing for minimum lot sizes in developed areas consistent with the established
development patterns while providing greater flexibility for clustering lots and mixing
housing types in newly developed areas.
2. Providing for a variety of housing types, including single household dwellings, two to
four household dwellings, and townhouses to serve the varied needs of households of
different size, age and character, while reducing the adverse effect of non-residential
uses.
Use of this zone is appropriate for areas with good access to parks, community services and/or
transit. This application meets the intent of the R-3 district by adding additional residential
homes in proximity to an established park. The proposed subdivision meets minimum lot sizes
within an area with an established development pattern. The overall subdivision provides a
mixture of housing types including single household, townhomes, and apartments.
Adopted Growth Policy Designation:
Table 4 of the Bozeman Community Plan 2020 shows the correlation between future land use
map designations and implementing zoning districts.
The subject property is designated as Urban Neighborhood. R-3 zoning is properly correlated to
the Urban Neighborhood land use designation. This category primarily includes urban density
homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of
housing are discouraged. In limited instances, an area may develop at a lower gross density due
to site constraints and/or natural features such as floodplains or steep slopes. Complementary
uses such as parks, home-based occupations, fire stations, churches, schools, and some
neighborhood-serving commerce provide activity centers for community gathering and services.
The Urban Neighborhood designation indicates that development is expected to occur within
municipal boundaries. This may require annexation prior to development. Applying a zoning
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district to specific parcels sets the required and allowed density. Higher density residential areas
are encouraged to be, but are not required or restricted to, proximity to commercial mixed-use
areas to facilitate the provision of services and employment opportunities without requiring the
use of a car.
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.
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.
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 on June 23,
2025. The applicant posted public notice on the subject property on June 20, 2025. The City sent
public notice to physically adjacent landowners of record within 200-feet of the subject property
via first class mail on June 20, 2025. The City did not receive any written public comment on
the application as of the writing of this report.
Indirect public comment was received during the Community Development Board meeting
review on July 21, 2025 from a representative of Forward Montana. No public comment was
received during review of the agenda item; however, a public comment was received during the
general public comment following the vote. The comment was related to this application as well
as the general Unified Development Code (UDC) update. The commentor expressed
disappointment in the proposed single household uses as it relates to housing and infrastructure
costs, as well as how single household growth in medium density zoning generally impacts
surrounding county open lands. The Commenter provided a price comparison between attached
single household uses (townhomes), and detached single household uses (single family homes).
The commenter also related these comments to the proposed UDC update and the development
of the newly proposed R-B medium density zoning district.
In response to this public comment staff would like to restate that with this application the
applicant is proposing to add 2 lots to a previously approved 5 lot block for a total of 7 lots and
reducing the size of all existing lots. The layout for the subdivision can be viewed in Exhibit 3
above. Single household uses and townhomes are currently permitted within R-3 zoning per
BMC 38.310.030. The size of the proposed lots in this block meets the minimum allowed in the
R-3 zoning district for single household uses at 4,000 square feet.
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Additional homes per lot, such as for a duplex, would require larger lot configurations with a
similar density outcome for the block. However, the proposed plat and the current R-3 zoning
does not limit the development of these lots to single detached homes, and they may develop in
single attached home (townhome) configurations. Development of each lot is subject to
Bozeman Municipal Code (BMC) provisions at the time of development. Also see the zoning
designation and land uses discussion above under Appendix A. Form and Intensity Standards,
including minimum lot sizes and allowable lot coverage for R-3 zoning can be found in BMC
38.320.030.
The previously approved larger Gran Cielo Subdivision, with application details provided on
page 2 of this report, was developed with a mix of housing types including single homes,
townhomes, and apartments.
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 increased 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
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 25157 located
within the 2025 folder.
Project documents and drawings are available at this direct link to the public document
repository for application 25157.
The following documents and drawings are available in the online public archive:
• Drawing 001 Gran Cielo Block 4 Preliminary Plat
• Drawing 002 Site & Services Layout
• Drawing 003 Gran Cielo Phase 2 Recorded Plat
• Document 001 Cover Letter
• Document 028 Water & Sewer Package
• Document 029 Stormwater Management Package
• Document 030 Streets, Roads, and Alleys Package
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