Major and Minor Subdivision

Intake Form: Applicant submits the Intake Form with required documentation to the Zoning Desk. The Intake Form should state whether the request is for a subdivision Scoping meeting or Pre-application meeting. A draft of the preliminary plat showing, lots, lot sizes, roads and road types, common area, and parkland is required to be included with the Intake Form for Pre-application meeting requests.

Scoping Meeting: Not required but can be helpful for applicants who do not have a draft of the preliminary plat and are looking for general information regarding subdivision and land use information for the land proposed for subdivision. Staff researches the property and the proposal and then schedules a Scoping meeting with the applicant.  At the meeting staff explains the process, informs the applicant on applicable regulations, and explains the criteria for review. The goal is to provide the applicant information and assistance early on before they submit an application and pay a fee so that the proposal has a good chance of meeting the criteria and getting approved with minimal revisions and rounds of review.

Pre-application Meeting: Required step per the City Subdivision regulations. Staff researches the property and the proposal and then schedules a Pre-application meeting within 30 calendar days of receipt of the Intake Form. At the meeting staff explains the process, informs the applicant on applicable regulations and whether the proposed layout conflicts with the regulations. Staff also explains the criteria for review. The goal is to provide the applicant information and assistance early on before they submit an application and pay a fee so that the proposal has a good chance of meeting the criteria and getting approved.

Neighborhood Meeting: After the Pre-application meeting is held, but before the application is submitted for Element Review, the subdivider must meet with the Neighborhood Council, appropriate neighborhood organizations and interested individuals. The meeting must be noticed and the requirements for the meeting and notification is found in the City Subdivision regulations Article 4-010.2.

Application Submittal – Element Review: The applicant submits the application and fee to Development Services. Staff has 5 working days to review the application for completeness per City Subdivision regulations Article 5-010 & 5-020. If the application packet is determined to be incomplete, the Element Review process is repeated until the application packet is certified complete.

Application Submittal – Sufficiency Review: Once staff certifies the application complete for Element Review, the application starts Sufficiency Review. The subdivision application Sufficiency Review packet is posted on Engage Missoula. The applicant notifies a list of agencies that the application is available for Sufficiency Review and directs them to the submittal packet on the Engage Missoula website. Staff and agencies have 15 working days to review the application to determine if the information provided is sufficient for review. Agencies also provide comments on whether it complies with regulations or whether there are impacts that require mitigation.  The applicable Neighborhood Council (Map), appropriate property owner’s associations and neighborhood organizations are also notified by the applicant. This provides Neighborhood Council members an opportunity to know a project is coming and to look at the packet on the website.

If the application packet is determined to be insufficient, the Sufficiency Review process is repeated until the application packet is deemed sufficient.

Governing Body Review Period: Once staff certifies the application sufficient, the application starts the Governing Body Review. The Governing Body Review packet is posted on Engage Missoula. Staff prepares a schedule for City Council meetings, provides notification, prepares a staff report with recommendations, prepares a presentation, and facilitates the review of the project at a Land Use and Planning Committee meeting of City Council.

The state law deadline for Council decision on the subdivision application is 35 working days.

Public Notification: The minor subdivision is approved by City Council at a Land Use and Planning Committee meeting. Public notification occurs a minimum of 15 days prior to the Committee meeting. A memo is sent to Adjacent Property Owners of the subject property. In addition, a poster is placed on the site facing adjacent roads and a legal ad is placed in the Missoulian for two Saturdays.

Public Meeting: The public may provide written comment on the minor subdivision on the Engage Missoula page or by email to the Case Planner. Comment will be forwarded to City Council and available on meeting agenda found on the City’s Meetings page. The Land Use and Planning Committee meetings are in person and virtually. Public comment is taken at the public meeting. Following the approval or conditional approval of the minor subdivision at the committee meeting, the committee action needs to appear on an agenda for the next regular City Council meeting for final approval.

Effective Date: The preliminary plat approval is effective the date of the City Council meeting where Council takes action to approve or conditionally approve the minor subdivision.  The subdivision lots are not created until the final plat for the subdivision or a phase of the subdivision is filed with the County Clerk and Recorder.

A Major Subdivision divides land into 6 or more lots.

The subdivision process has two steps if the subdivision is not phased and three steps if phased.

1. The first step for both Phased and Non-Phased Subdivisions is Preliminary Plat Approval whereby City Council approves the applicant’s proposal as shown in the governing body review packet as amended by conditions of approval.

2. For Non-Phased Subdivisions, the second step is final plat review. Staff reviews the final plat packet to ensure it complies with the approved preliminary plat as amended by conditions. The lots are not created until the final plat is filed.

For Phased Subdivisions (approved after May 9, 2017) the second step is Phased Development Review. Phased Developments are those subdivisions where the final plats will be filed in phases over time, up to 20 years from preliminary plat approval. Phased developments require a public hearing for each phase before improvements are installed and the final plat is filed to determine if there is new information or regulations have changed that would alter the findings of fact and conclusions of law from the preliminary plat approval.

3. The third step for phased subdivisions (approved after May 9, 2017) is final plat review.  Staff reviews the final plat packet to ensure it complies with was the proposed approved preliminary plat as amended by conditions. The lots are not created until the final plat is filed.

Intake Form: Applicant submits the Intake Form with required documentation to the Zoning Desk. The Intake Form should state whether the request is for a subdivision Scoping meeting or Pre-Application meeting. A request for a Pre-Application meeting requires a draft of the preliminary plat showing lots, lot sizes, roads and road types, common area, and parkland.

A Scoping Meeting is not required but can be helpful for applicants who do not have a draft of the preliminary plat and are looking for general information regarding subdivision and land use information for the land proposed for subdivision.

A Pre-Application Meeting is a required step per the City Subdivision regulations. Staff researches the property and the proposal and then schedules a pre-Application meeting within 30 calendar days of receipt of the Intake Form. At the meeting, staff explains the process, informs the applicant on applicable regulations and whether the proposed layout conflicts with the regulations. Staff also explains the criteria for review.

Neighborhood Meeting: After the Pre-Application meeting is held, but before the application is submitted for Element Review, the subdivider must meet with the Neighborhood Council, appropriate neighborhood organizations and interested individuals. The meeting must be noticed and the requirements for the meeting and notification is found in the City Subdivision regulations Article 4-010.2.

Application Submittal – Element Review: The applicant submits the application and fee to Development Services. Staff has 5 working days to review the application for completeness per City Subdivision regulations Article 5-010, 5-020 & 5-030. If the application packet is determined to be incomplete, the Element Review process is repeated until the application packet is certified complete.

Application Submittal – Sufficiency Review: Once staff certifies the application complete for Element Review, the application starts Sufficiency Review. The subdivision application Sufficiency Review packet is posted on Engage Missoula. The applicant notifies a list of agencies that the application is available for Sufficiency Review and directs them to the submittal packet on the Engage Missoula website. Staff and agencies have 15 working days to review the application to determine if the information provided is sufficient for review. Agencies also provide comments on whether it complies with regulations or whether there are impacts that require mitigation.  The applicable Neighborhood Council (Map), appropriate property owners’ associations and neighborhood organizations are also notified by the applicant. This provides Neighborhood Council members an opportunity to know a project is coming and to look at the packet on the website.

If the application packet is determined to be insufficient, the Sufficiency Review process is repeated until the application packet is deemed sufficient.

Governing Body Review Period: Once staff certifies the application is sufficient, the application starts the Governing Body Review. The Governing Body Review packet is posted on Engage Missoula. Staff prepares a public hearing schedule, provides notification, prepares a staff report with recommendations, prepares a presentation, and facilitates the review of the project at public hearing. 

Expedited Subdivision Applications are those applications that meet the following requirements:

• Subject property is within the City limits;
• Subdivision will connect to City sewer and City water;
• Subdivision is on land subject to the City’s Growth Policy;
• Subdivision complies with the City’s zoning regulations without the need for a variance or rezoning; and
• Subdivision complies with applicable federal, state or local regulations as required by Subdivision Standard 3-010.1.F.

Expedited Subdivision Applications are not reviewed by Planning Board and there is only one public hearing at City Council. Per State Law, expedited subdivision applications that do not include requests to vary from subdivision regulations require a City Council decision within 35 working days from the date the packet was certified as sufficient. Per State Law, expedited subdivision applications that include requests to vary from subdivision regulations require a City Council decision within 45 working days from the date the packet was certified as sufficient.

For all Major Subdivision Applications that do not qualify for expedited review, the regulations require a public hearing at Planning Board and City Council.  The City Council decision on a non-expedited Major Subdivision Application for fewer than 50 lots is 60 working days from the date the packet was certified as sufficient, or 80 working days for subdivisions with 50+ lots.

Public Notification: A memo is sent to Adjacent Property Owners of the subject property. In addition, a poster is placed on the site facing adjacent roads and a legal ad is placed in the Missoulian for two Saturdays.

Public Hearings: Subdivisions are required to have public hearings at both Planning Board and City Council.

Effective Date: The preliminary plat approval is effective the date City Council approves or conditionally approves the major subdivision. The subdivision lots are not created until the final plat for the subdivision or a phase of the subdivision is filed with the county Clerk and Recorder.