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HomeMy WebLinkAbout25779 Subdivision FOFFindings of Fact Laurel Meadows Preliminary Plat Application No. 25779 August 18, 2026 Page 1 of 24 Article 1 – Project Summary Application No. 25779 Type Subdivision Project Name Laurel Meadows Preliminary Plat Subdivision Summary A proposed subdivision on 40.83 acres requesting to divide four restricted lots into 99 residential lots, with associated open space, parkland, and retaining 2 restricted lots for future development. The applicants are requesting 2 variances related to the Block Length (BMC 38.410.040.B. Block length.) and Street Construction of Water Lily Drive (BMC 38.400.010.A. Streets, general). See Article 4, Section 5.20 for discussion of the variance requests. The project is proposed to be completed in two phases. Zoning R-C Growth Policy Urban Neighborhood Parcel Size 40.82 acres Overlay District(s) none Street Address none Legal Description Being the Amended Plat of Lots R1A, R1B, R1C, and R1D of Norton East Ranch Subdivision Phase 6 Plat J-694 located in the Southeast One Quarter of the Northwest One Quarter and Southwest One Quarter of the Northeast One Quarter of Section 9, Township 2 South, Range 5 East, Principal Meridian, City of Bozeman, Gallatin County, Montana Owner 8FC, LLC, PO Box 11388, Bozeman, MT 59719 Applicant Intrinsik Architecture, 106 E Babcock Suite 1A, Bozeman, MT 59715 Representative Same as Applicant Pre-Application Review File 25495 Noticing Public Comment Period Site Posted Date Required Mail Mailed 7/6/2026-7/27/2026 7/1/2026 200ft 7/1/2026 Initial Determination Review Authority Date Determinations City of Bozeman, Director of Community Development 6/2/2026 The application contains all information and materials necessary to complete the review of the application as set forth in Chapter 38, Bozeman Municipal Code, and Title 76, Chapter 25, Montana Code Annotated. City of Bozeman, Director of Community Development 7/1/2026 The application is in substantial compliance with all applicable regulations and the zoning map. All Findings of Fact Laurel Meadows Preliminary Plat Application No. 25779 August 18, 2026 Page 2 of 24 impacts resulting from the proposed development have previously been analyzed and made available for public review during adoption, amendment, or update of the land use plan, subdivision and zoning regulation, or zoning map Final Determination- Findings of Fact, Decision, and Appeal Provisions Findings of Fact, Decision, and Appeal Provisions A. PURSUANT to Chapter 38, Division 750, BMC, and other applicable sections of Chapter 38, BMC, and Title 76 Chapter 25 MCA, a review of the preliminary plat described in these findings of fact was conducted. The Director of Community Development acting as the Planning Administrator, determined that the proposed preliminary plat substantially complies with applicable zoning and subdivision regulations, meets survey requirements of 76-25-412 MCA, provides necessary easements or other right-of-way for location and installation of planned utilities, and provides for the necessary legal and physical access to each parcel within the proposed subdivision. B. The Director further found that the impacts of the proposed subdivision were previously analyzed and made available for public review and comment in the adoption, amendment, or update of the land use plan, zoning regulations, and subdivision regulation; or were addressed with the submitted application materials. C. The purposes of the preliminary plat review were to consider all relevant evidence relating to public health, safety, welfare, and other purposes identified in Chapter 38, BMC; to evaluate the proposal against the criteria and standards of Chapter 38 BMC and other relevant regulations; and to determine whether the preliminary plat should be approved, conditionally approved, or denied. D. Notice of the Director’s determination of substantial compliance was provided as required in 38.730 BMC and opportunity provided for submittal of written public comment. a. All submitted written comments have been archived, reviewed, and made available for public review. Response to applicable written comments is provided in Article 4, Section 6 of these findings of fact. E. The preliminary plat has been found to meet all applicable regulations, and is therefore approved, subject to the conditions listed in Chapter 3 of this report and the correction of any elements not in conformance with the standards of Chapter 38, Bozeman Municipal Code including those identified in Chapter 3 of this report. The evidence contained in the administrative record as a whole, including but not limited to submittal Findings of Fact Laurel Meadows Preliminary Plat Application No. 25779 August 18, 2026 Page 3 of 24 materials, submitted written comment, and these findings, justify the conditions imposed on this development to ensure that the final plat complies with all applicable regulations. F. The preliminary approval of this subdivision shall be effective for [3] years from the date of the signed Findings of Fact and Order. Approval expires on _____August 18, 2029_______. Prior to the end of this period the City may, at the written request of the subdivider, grant an extension to its approval by the Community Development Director for a period of mutually agreed upon time. The landowner is responsible to submit any timely request for extension. G. Review: This plat was not reviewed as a phased subdivision and is subject to 76-25-409(1) MCA. H. Action by other agencies or separate review processes may be necessary to complete construction of the development, including but not limited to those imposed by other governmental agencies and private agreements. I. This decision and findings of fact are made available to the applicant through the ProjectDox application review portal and to the public through posting in the Laserfiche project folder linked to the Community Development Viewer Map. J. This order may be appealed within 15 business days after date of approval of this document, by following the procedures of Section 76-25-503, MCA and 38.160.030, BMC. DATED this __18th___ day of ___August___, 2026 Erin George, Planning Administrator Digital signature here Full application/file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715 Digital application access located online in the City’s Laserfiche Repository for Application 25779 Findings of Fact Laurel Meadows Preliminary Plat Application No. 25779 August 18, 2026 Page 4 of 24 CONDITIONS OF APPROVAL 1. The plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Monumentations, Certificates of Survey, and Final Subdivision Plats (25.183.1101 ARM, 25.183.1104 ARM, 25.183.1107 ARM)) and must 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 must 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 one (1) mylar with a 1-inch binding margin on one side for both plats and Certificates of Survey (COSs). The Clerk and Recorder will file the new Conditions of Approval sheet as the last same sized mylar sheet in the plat set. (Staff report Article 4, Section 4) 2. The applicant must add the following notes to the conditions of approval sheet of the plat related to stormwater maintenance on the property: a. The property owners’ association (Insert Final Property Owners Association Name as recorded in the CC&Rs) shall be responsible for the maintenance of all stormwater management facilities located outside of the public right-of-way. (Article 4, Section 5.10) 3. The geotechnical memorandum provided by the applicant indicated that due to high groundwater, slab on grade foundations are recommended with as much as 2.5 ft of structural fill. Prior to final plat approval, the applicant must add the following notation to the conditions of approval sheet of the final plat. "Due to known high groundwater in the area, no basements will be permitted with future development of the site. 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 provides supporting groundwater data prior to release of a building permit. In addition, sump pumps are not allowed to be connected to the sanitary sewer system. Sump pumps are 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 where it may create a safety hazard for pedestrians and vehicles.” (Article 4, Section 5.3) 4. Prior to final plat approval, the applicant must place on the conditions of approval sheet of the final plat a note stating, "All owners of real property within the Laurel Meadows Subdivision recognize Baxter Creek is used to carry irrigation water to downstream water right users. No owner of property within Laurel Meadows or any property owners’ association may appropriate or use water or alter stream conditions in any way that interferes with a downstream water right user’s rights.” (Article 4, Section 5.8) Article 2 – Conditions and Code Provisions Findings of Fact Laurel Meadows Preliminary Plat Application No. 25779 August 18, 2026 Page 5 of 24 CODE PROVISIONS 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, do not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. Sec. 38.710.050.A.5.c. – 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 community development department with the application for final plat approval. (Article 4, Section 5.5) 3. Sec. 38.750.150. – Plat Certificates. The language contained in the certificates on the final plat must follow the language in the corresponding certificates in this code section. (Article 4, Section 4) 4. Sec. 38.710.060. - The applicant must place on the conditions of approval sheet of the final plat a note stating, "The property owners’ association (Insert Final Property Owners Association Name as recorded in the CC&Rs) shall be responsible for the maintenance of all stormwater management facilities located outside of the public right-of-way." 5. Sec. 38.400.070. - Street Lighting. The subdivision lighting special improvement lighting district (SILD) must be formed and information must be submitted to the City in hard copy and digital form after preliminary plat approval. No final plat application will be deemed complete until the resolution to create the SILD has been approved by the City Commission. The initial adoption of the SILD shall include the entire area of the preliminary plat. The approval to create or annex to an existing SILD must be granted prior to final plat approval. (Article 4, Section 5.16) 6. Sec. 38.410.130. - Water adequacy. The development must satisfy the water adequacy code requirements prior to final plat approval. The cash in lieu of water rights fee will be assessed at the unit cost fee rate effective on the date the payment is made to the City. (Article 4, Section 5.19) 7. Sec. 38.780.090.B.2. – Discrete Irrigation Systems. The parkland irrigation system must be completely separate and entirely discrete from any irrigation systems that will be part of a privately owned and maintained common area or facility. (Article 4, Section 5.14) 8. Sec. 38.610.100. – Wetland Mitigation. The applicant must mitigate the impacted wetlands prior to City acceptance of the public infrastructure improvements associated with the impacts. (Article 4, Section 5.1) 9. Sec. 38.610.110.I. - Wetland Administrative Procedures. The applicant must provide a wetland performance and monitoring plan to the City and [the applicant] must administer the plan upon completion and acceptance of the public infrastructure improvements associated with the impacts prior to final plat approval. (Article 4, Section 5.1) 10. Sec. 38.710.050.A.14.a.(10) – Custom Features or Atypical Designs. The applicant must enter into a long-term monitoring and maintenance agreement with the Parks Department for the constructed wetland area located in city parkland prior to final plat approval. (Article 4, Section 5.14) Findings of Fact Laurel Meadows Preliminary Plat Application No. 25779 August 18, 2026 Page 6 of 24 11. Sec. 38.780.020.B.4. – Improvement Procedure. A final set of construction drawings must be submitted to the Parks Department for review and approval prior to requesting a parks pre-construction meeting. Parks Department pre-construction meeting requests must be made a minimum of 30 days prior to commencing construction in parkland area. (Article 4, Section 5.14) 12. Sec. 38.780.050.A.2 Acceptance of improvements - During construction, if groundwater is found to be at levels exceeding what is described in the drainage report and limits the functionality of the stormwater infrastructure, the City will not accept the stormwater infrastructure. If the stormwater infrastructure requires significant redesign, it may be considered a material modification from the preliminary plat and would require re-review and approval of the preliminary plat. (Article 4, Section 5.3) 13. Sec. 38.410.060. - Easements. All Easements indicated below must be prepared as separate documents from the final plat with an exhibit. Signed hard copies of the documents described in subsections b.- d. must be filed with the County Clerk and Recorder’s office prior to final plat approval. (Article 4, Section 4) a. The final plat must provide all necessary utility easements, and they must be described, dimensioned and shown on each subdivision block of the final plat in their true and correct location. b. The applicant must provide a release and reconveyance of the existing NW stormwater easement shown on plat (J-694). c. The applicant must provide a 10’ width trail corridor easement over all trails through common areas. d. The applicant must provide a minimum 20’ width Agricultural Water User Facility Easement over Baxter Creek. Findings of Fact Laurel Meadows Preliminary Plat Application No. 25779 August 18, 2026 Page 7 of 24 Article 3 – Figures Figure 1: Current Zoning Map Findings of Fact Laurel Meadows Preliminary Plat Application No. 25779 August 18, 2026 Page 8 of 24 Figure 2: Preliminary Plat Findings of Fact Laurel Meadows Preliminary Plat Application No. 25779 August 18, 2026 Page 9 of 24 Article 4 – Findings Subdivision determination and record 38.750.090, BMC This analysis and its resulting findings are based on the entirety of the application materials, the Bozeman Municipal Code and associated standards, plans, and all other materials available during the initial review period. Collectively, this information is the record of the review. In establishing the record of review, the Director of Community Development and the Development Review Committee reviewed the application against the following standards. The applicable review authority for subdivisions is the Director of Community Development in their role as planning administrator. Each City Division listed here under is a member of the Development Review Committee (DRC). This DRC reviews development applications for all criteria relevant to their respective division. Each division is assigned a 2 to 4 letter code, shown to the left of the division name. Throughout the staff report, these codes will indicate which division led the review of the given criterion. Please note that while any one or a couple divisions may lead review of a given criterion, the entire DRC plays a role in each determination. DRC Development Review Committee PZ Planning and Zoning ENG Engineering/Transportation/Utilities PARK Parks and Recreation CH Community Housing WTR Water Adequacy FIRE Fire BLD Building WC Water Conservation FOR Forestry Findings of Fact Laurel Meadows Preliminary Plat Application No. 25779 August 18, 2026 Page 10 of 24 The City of Bozeman adopted the Bozeman Community Plan (the Future Land Use Plan) including the Future Land Use Map on October 28th, 2025, by Resolution Number 2025-71. The Bozeman Community Plan was made available for public review and comment prior to adoption and identified and analyzed impacts of development. Notice was provided that the Bozeman Community Plan is the basis for implementing land use regulations as required in 76-25-106, MCA. Issue plans including but not limited to the Transportation Master Plan, the Parks, Recreation, and Active Transportation Plan, the Sewer Facility Plan, Water Facility Plan, Stormwater Facility Plan, and Fire Protection Master Plan were all considered and incorporated by reference in adoption of the Bozeman Community Plan. The Unified Development Code, contained in Chapter 38 of the Municipal Code, is the primary implementing regulation for the Bozeman Community Plan and was adopted on December 16, 2025 through Ordinance 2025-12/2151. The Bozeman Community Plan and supporting issue plans were utilized in consideration and adoption of the Unified Development Code. The City Commission found that the Unified Development Code was in substantial compliance with the Bozeman Community Plan. The Unified Development Code provides specific zoning and subdivision regulations as well as the zoning designation which determined the allowable criteria for review of the subdivision of the subject property. During adoption of the Unified Development Code, issue plans and the Bozeman Community Plan were utilized to anticipate impacts of potential development. As such, city wide impacts resulting from the proposed development were previously analyzed and made available for public review and comment during the adoption of the land use plan including all issue plans, and adoption of zoning regulations, subdivision regulations, and all subsequent amendments to the identified documents. Zoning designations throughout the city were implemented to ensure that individual impacts to a given site from a proposed development will fit into the framework of the previously considered city wide impacts. Subdivision review ensures that site-specific impacts have been addressed with the materials submitted with this application and are available for public review. Any development which conforms with the standards of Montana Code Annotated and Bozeman Municipal Code has addressed all site-specific impacts. The following report reviews the subject property for compliance with the criteria and regulations adopted by the State of Montana and the City of Bozeman. 1. Conformance with MCA 76-25-408 DRC Meets Code? Application contains sufficient information for review Yes Submittal requirements of 38.710.040 Yes Comments: The application was submitted with the required materials and review fee. Pursuant to MCA 76-25-408, the planning administrator reviewed the submission and determined that the application contained sufficient information to proceed with review. This determination confirms completeness but does not ensure approval of the subdivision. 2. Exemptions from Subdivision Review MCA 76-25-402 PZ Meets Code? The division of land must not qualify for an exemption from subdivision review Yes Findings of Fact Laurel Meadows Preliminary Plat Application No. 25779 August 18, 2026 Page 11 of 24 Comments: The proposed land division does not qualify for any exemption listed in MCA 76-25- 402, including divisions created by court order, mortgage security parcels, or other exempt divisions. Therefore, the subdivision must undergo full subdivision review under state law and the Bozeman Municipal Code. 3. Effect of Preliminary Plat Approval MCA 76-25-409 PZ Meets Code? Preliminary plat approval establishes the approved subdivision layout and conditions for final plat approval. Yes Comments: Approval of the preliminary plat authorizes the subdivision layout as proposed and establishes conditions that must be satisfied prior to final plat approval. Final plat approval will verify that the subdivision has satisfied all conditions and infrastructure requirements established during preliminary plat review. 4. Compliance with MCA 76-25-408(12) DRC Meets Code? 4.1 Meets the requirements and standards of this chapter Yes 4.2 Meets the survey requirements provided in 76-25-412(1) Yes 4.3 Provides the necessary easements within and to the proposed subdivision Yes 4.4 Provides the necessary legal and physical access to each parcel Yes Comments: The Development Review Committee has reviewed the submitted materials for compliance with all standards of MCA Title 76 Chapter 25. The preliminary plat conforms to the provisions of the Montana Land Use and Planning Act if it contains all elements required to meet state survey requirements, which would be determined when it is reviewed by the Gallatin County Examining Land Surveyor prior to the final plat approval. Conditions provided ensure that the proposed subdivision provides all necessary easements and that each lot has the required legal and physical access. Condition 1 and Code Provision 3 ensure that the plat will comply with all survey requirements. Code Provision 13 requires that the plat include all the necessary easements. 5. Documentation of Compliance with Adopted Standards BMC 38.710.050. Meets Code? 5.1 Surface Water (BMC 38.710.050.A.1) ENG Yes Comments: The Baxter Creek corridor was considered and reviewed as part of this preliminary plat review. The Baxter Creek watercourse setback honors existing US Army Corps of Engineers (USACE) jurisdictional boundaries with the proposed and delineated watercourse and wetland setbacks. Morrison-Maierle delineated wetlands on the property in 2021 (Figure 2), and USACE issued an Approved Jurisdictional Determination (AJD) on December 9, 2021 (Appendix D). In total, the property contains five palustrine emergent wetlands (6.76 acres total), a gravel borrow area that has converted into a groundwater-fed pond (1.54 acres), and a section of Baxter Creek (780 linear feet). The applicant submitted a wetlands boundary delineation report pursuant to BMC 38.610.030. The applicant identified wetland areas onsite in the delineation report and as shown in Figure 2. The majority of the aquatic resources within the project area will remain unaffected by the proposed development. However, wetland 3 (shown in salmon color on Figure 2) will be filled in its entirety and mitigated onsite with a constructed wetland (shown in purple color on Figure 2). Direct and indirect impacts were addressed in the mitigation report and the report demonstrated conformance with the City’s “no net loss” wetland policy and applicable municipal code. The project will mitigate the loss of Wetland 3 (2.58 acres) by establishing a 2.60- acre constructed Findings of Fact Laurel Meadows Preliminary Plat Application No. 25779 August 18, 2026 Page 12 of 24 wetland. Additional regulatory review by the City will be provided through infrastructure review. Establishment of the constructed wetland will be monitored by the development’s wetland scientists for performance for a period of 5 years in accordance with a wetland performance and monitoring plan and verified by the City’s wetland consultant. Any permits required under BMC 38.710.020 (Streambed, streambank, and/or wetlands permits) must be obtained prior to construction. Code Provisions 8 and 9 have been added to ensure compliance with BMC 38.610, relating to wetland regulation. The restricted development lots labeled Future Phase are not proposed for subdivision at this time and will be reviewed with a future subdivision application. 5.2 Floodplains (BMC 38.710.050.A.2) ENG Yes Comments: A flood hazard memorandum to the initial flood hazard evaluation (FHE) for Baxter Creek was submitted in accordance with BMC 38.600.150, as this watercourse is not part of a FEMA-mapped Special Flood Hazard Area. The FHE delineates a 100-year flood hazard area, which constitutes a regulated flood hazard area pursuant to BMC 38.600.110.A.3. The flood hazard memorandum Document 017 has been reviewed and accepted by the City’s Floodplain Findings of Fact Laurel Meadows Preliminary Plat Application No. 25779 August 18, 2026 Page 13 of 24 Administrator and is therefore considered the basis for the regulated flood hazard area on the site. Baxter Creek is located within dedicated Parkland for the subdivision and includes a 50-foot watercourse setback pursuant to BMC 38.620.D.2.a.3. The delineated flood hazard resides within the watercourse setback. No work is proposed within the delineated floodplain. Therefore, the proposed condition is identical to the existing condition. Any future work not evaluated in the accepted FHE may require an updated analysis. The restricted development lots labeled Future Phase are not proposed for subdivision at this time and will be reviewed with a future subdivision application. 5.3 Groundwater (BMC 38.710.050.A.3) ENG Yes The applicant provided a Groundwater Monitoring Memo by Morrison and Maierle. A groundwater investigation was completed in 2021 between the months of March and December; in 2022 between January and March; and in 2025 between April and August. Relatively high groundwater is present across the site and shown in the memo data to fluctuate from existing grade to 4 feet below grade. The geotechnical report Document 026 captures that and states, “Based on high groundwater elevations it is assumed that as much as 2.5 feet of structural fill may be necessary to elevate a foundation. Footing elevations should be a minimum of 20 inches above high groundwater.” Based on high groundwater being present, Condition of Approval 3 and Code Provision 12 were added to ensure conformance with BMC 38.410.080, related to grading and drainage. The restricted development lots labeled Future Phase are not proposed for subdivision at this time and will be reviewed with a future subdivision application. 5.4 Geology (BMC 38.710.050.A.4) ENG Yes Comments: This subdivision will not significantly impact the geology, soils, or slopes. No significant geological features or slopes exist on the site. The applicant submitted a geotechnical report Document 026 addressing the requirements of BMC 38.710.050.A.4. The applicant identified the geological conditions that may limit the capability for building; provided a soils map; discussed the physical properties, engineering indexes, and construction limitations of the onsite soils; and provided design recommendations to mitigate the limitations of the geological conditions and onsite soils. The restricted development lots labeled Future Phase are not proposed for subdivision at this time and will be reviewed with a future subdivision application. 5.5 Vegetation (BMC 38.710.050.A.5) PZ Yes Comments: The applicant submitted Appendix V - Vegetation memo, that summarizes findings from field visits to the site on May 25, 2021 and November 21, 2025, which determines that no critical plant communities were identified on site. Limited improvements are proposed. This subdivision will not significantly impact critical plant communities such as stream bank or shoreline vegetation; vegetation on steep, unstable slopes; and vegetation on soils highly susceptible to wind or water erosion. No trees are present within areas slated for development. Per BMC Section 38.710.050.A.5.c. the developer must enter into a Noxious Weed Management Plan prior to final plat approval (Code provision #2). 5.6 Wildlife (BMC 38.710.050.A.6) PZ Yes Findings of Fact Laurel Meadows Preliminary Plat Application No. 25779 August 18, 2026 Page 14 of 24 Comments: The applicant submitted Appendix T - Wildlife memo which determines that this subdivision will not significantly impact wildlife as there are no known critical habitats on the property or observed or mapped endangered species or species of concern. The property is bound by existing city streets and residential developments to the north, south, and park land to the east. Aquatic resources on the property include existing watercourses and associated wetlands, which have been identified and included in the wetland delineation report found in document 18 – Appendix J – Wetland Mitigation Report. Impacts to this area have been discussed above in Section 5.1 of this project report. The applicant contacted Montana Fish, Wildlife and Parks (FWP) for comments on the proposed project. FWP provided comments requesting that the proposed development limit impacts to Baxter Creek and the associated wetlands. The applicant provides the minimum 50-foot buffer from the edge of the wetlands associated with the creek onsite, as required by BMC 38.620., to ensure development occurs outside of the required wetland setback. The applicant is also required to plant watercourse plantings near the stream to ensure the banks are maintained. In the event of future development, impacts to the watercourse and wetland will be mitigated through permits required by BMC 38.710.020. 5.7 Agriculture (BMC 38.710.050.A.7) PZ Yes Comments: The proposed subdivision is occurring on site wholly with no agricultural production on or adjacent to the property. There is no agricultural activity on site or in the vicinity of the site. Therefore, the Development Review Committee granted a waiver to these submittal requirements during the subdivision pre-application review. 5.8 Agricultural Water User Facilities (BMC 38.710.050.A.8) ENG Yes Comments: In accordance with BMC 38.360.280.B the applicant provided the applicable ditch noticing to parties of the agricultural water facility. The applicant has identified stock water rights for the property and agricultural water user claims for water conveyed in Baxter Creek by the Farmer’s Canal Company and other users. Baxter Creek is noted in the 1953 Water Resources Survey (Green Book) to be a stream used as a ditch. Condition of Approval 4 and Code Provision 13 have been added to meet the expressed intent and purposes of BMC 38.310.010 and 38.410.060.D to protect property rights established through water rights issued by the State of Montana and the associated rights of conveyance for agricultural water. The restricted development lots labeled Future Phase are not proposed for subdivision at this time and will be reviewed with a future subdivision application. 5.9 Water and Sewer (BMC 38.710.050.A.9) ENG Yes Comments: The Engineering Division reviewed water and sewer reports and confirmed compliance with state and local Public Works Standard Specifications, City’s Design and Construction Standards, City’s Water Facility Plan, and City’s Fire Service Line Standard, and City code provisions requirements. Document 019 contains the preliminary design report for water distribution system improvements and Document 020 contains the sanitary sewer system improvements for the proposed subdivision; both reports were stamped by a professional engineer licensed in the State of Montana. The Engineering Division reviewed each of the reports for compliance with state and local Public Works Standard Specifications, City’s Design and Construction Standards, City of Water Facility Plan, and City of Bozeman Fire Service Line Standard, and found to meet with code provision requirements. Findings of Fact Laurel Meadows Preliminary Plat Application No. 25779 August 18, 2026 Page 15 of 24 Municipal water distribution infrastructure exists within the adjacent public right of way along West Babcock Street and North Laurel Parkway. Planned connections to the existing water distribution infrastructure and through the proposed subdivision have demonstrated adequate service capacity and connectivity. This subdivision does not require any upgrades or extensions to offsite water distribution infrastructure to service the proposed development. The subdivision is located within the Cattail Creek drainage basin and wastewater from the development would drain to the existing Norton Ranch Lift Station. Subdivision sewer infrastructure demonstrated adequate conveyance through the subdivision and connectivity to existing municipal sewer infrastructure located in North Laurel Parkway within the adjacent public right. Subdivision sewer demands reported with the preliminary plat submittals demonstrated adequate existing sanitary sewer capacity in the Norton Lift Station project to serve the proposed subdivision. It should be noted that the Norton Ranch Lift station was recently upgraded as part of the Urban Farm Development and that these upgrades to the lift station were completed in June 2026 and formally accepted by the City. The subdivision does not require any upgrades to the lift station or extensions to the existing sanitary sewer infrastructure providing service to the subdivision. The restricted development lots labeled Future Phase are not proposed for subdivision at this time and will be reviewed with a future subdivision application. 5.10 Stormwater Management (BMC 38.710.050.A.10) ENG Yes Comments: A preliminary stormwater design report was prepared and certified by a professional engineer with Morrison and Maierle and is located under application Document 021. Stormwater management has already been provided for the existing adjacent streets, West Babcock Street and North Laurel Parkway. The proposed subdivision will construct local City streets and will provide the necessary stormwater management for storm water drainage generated by the new streets. Code Provision 13 was added to require drainage easements per BMC 38.410.060. The property owners’ association is required to maintain all stormwater facilities outside of the public right-of-way and incorporate the stormwater maintenance plan into the association documents prior to final plat approval, as stated in Condition of Approval 2 and Code Provision 4. This will ensure the proper maintenance of necessary stormwater infrastructure as the subdivision is developed and occupied. The restricted development lots labeled Future Phase are not proposed for subdivision at this time and will be reviewed with a future subdivision application. 5.11 Transportation Facilities (BMC 38.710.050.A.11) ENG Yes Comments: The subdivision will not significantly impact the City’s street infrastructure and will provide adequate improvements to mitigate the proposed development and nearby areas by installing local streets with roundabouts, extending the local street connection through via Pond Lilly Drive, providing pedestrian pathways through the subdivision common open space areas, extending the City Parks trail system through the continuation of the established linear park and wetland installments, and providing improved multi-modal transportation and crossings to and from the site. Code Provision 13 has been added to ensure the appropriate easements are provided for pedestrian pathways. The proposed subdivision is bound by one local street and two collector streets. West Babcock Street and North Laurel Parkway are collector streets which bound the property to the south and Findings of Fact Laurel Meadows Preliminary Plat Application No. 25779 August 18, 2026 Page 16 of 24 east respectively. Vaugh Drive is a local street which bounds the property to the north. Currently there is access to the site from Pond Lilly Drive on the West Babcock Street corridor and two local street accesses proposed along Noth Laural Parkway corridor. Multimodal and trail access is provided along the West Babcock Street Frontage and North Laural Parkway frontage in accordance with the City design standards for Collector frontages and the transportation master plan. The Vaughn Drive Shared Use Path connection to the existing parks trails system is being provided through planned trail connections and crossings on the north end of the subdivision site. A Traffic Impact Study (TIS) dated November 2025, stamped and signed by a professional engineer, was provided in document 015. The TIS identified and evaluated impacts from full build out of the proposed Site Plans, and concluded that no significant impact to transportation facilities is expected from this subdivision. The TIS met City design standards and code requirements. 5.12 Non-municipal Utilities (BMC 38.710.050.A.12) PZ Yes Comments: The applicant has received confirmation of future service connections from Northwestern Energy, Yellowstone Fiber, Charter, and Lumen for the proposed subdivision. These responses are provided under application document 032. 5.13 Land Use (BMC 38.710.050.A.13) PZ Yes Comments: The application has provided future land use data consistent with the RC Zoning district. Proposed land uses for the subdivision are primarily residential in the form of single detached households on individual lots. Development of lots within the subdivision will be subject to Bozeman Municipal Code (BMC) provisions at the time of development for RC Zoning. The RC Zonin district requires a minimum density of 10 dwelling units per acre. The subdivision contains a density of 19 dwelling units per acre for the first phase and 15 dwelling units per acre at completion. The net residential density is calculated as the number of residential units per buildable land, excluding any land to be used as street, rights-of-way, parks, open space or restricted development lots. The proposed subdivision is compliant with the minimum required residential density of RC Zoning. Findings of Fact Laurel Meadows Preliminary Plat Application No. 25779 August 18, 2026 Page 17 of 24 5.14 Parks and recreation facilities (BMC 38.710.050.A.14) PARK Yes Comments: Park and recreation requirements for the subdivision have been satisfied through a combination of parkland dedication and proposed improvements-in-lieu. Base subdivision calculations require a total of 3.88 acres of land dedication and 1.95 acres of cash-in-lieu of parkland (CILP) equivalent. Phase 1 & 2 development lots are responsible for 1.53 acres of parkland dedication and 0.77 acres of CILP equivalent and future restricted lots responsible for 2.35 acres of land dedication and 1.18 acres of CILP equivalent. Final parkland dedication and CILP equivalent totals for preliminary plat approval include 2.07 acres of qualifying parkland dedication, 3.76 acres of CILP equivalent provided as improvements-in-lieu, and an additional dedication of 8.72 acres of non-qualifying parkland comprised of irrigation ditch/stream corridor and required watercourse setback areas and a constructed wetland area. Parkland dedication area is contiguous to and helps contribute to and expand the current Bronken Park – Natural Space area. Planned improvements and overall park design emphasize the natural character of the parkland and include gravel recreational trails, a picnic and shade structure, playground, and wetland protection and enhancements as depicted in the park master plan. Code Provision 7 requires that all parkland irrigation systems are physically separate and discrete from irrigation systems for private open space areas and facilities. Code Provision 10 requires the applicant to enter into a long-term monitoring and maintenance plan for the constructed wetland included in the parkland Findings of Fact Laurel Meadows Preliminary Plat Application No. 25779 August 18, 2026 Page 18 of 24 area. Code Provision 11 requires the applicant to submit final construction drawings and request a pre-construction meeting with the parks department prior to beginning any parkland construction. 5.15 Neighborhood Center Plan (BMC 38.710.050.A.15) PZ/ PARK Yes Comments: To provide a neighborhood focal point, all residential subdivisions that are ten net acres in size or greater must have a neighborhood center, unless the applicant can show that every lot is within a half mile of an existing neighborhood center. The applicant submitted a diagram showing that each lot proposed is within half a mile of an existing neighborhood center. This development is exempt from the neighborhood center standards. 5.16 Lighting Plan (BMC 38.710.050.A.16) PZ Yes Comments: Subdivision or street lighting is required pursuant to BMC 38.570.030. With the application, the applicants submitted documentation showing that the site has already entered into a waiver of right to protest the creation of a special improvement district, which includes improvements relating to lighting within the public right of way. This was created due to the active Site Plans. As such, all lighting for the site complies with minimum standards of BMC. 5.17 Miscellaneous (BMC 38.710.050.A.17) PZ Yes Comments: 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. 5.18 Affordable Housing (BMC 38.710.050.A.18) CH/ PZ Yes Comments: The applicant’s narrative states that the intention of the small lot sizes of the proposed lots was designed with the intent to create affordable units. However, there are no incentives proposed or required with this application. 5.19 Water Rights (BMC 38.710.050.A.19) WTR Yes Comments: In review of the application, the Bozeman Water Adequacy Division found that the proposed subdivision must satisfy the water adequacy code at final plat approval. Cash in Lieu of Water rights payment must be made pursuant to Code provision 6 prior to final plat approval. 5.20 Variance(s) DRC Meets Code? Variance Request #1 Yes Section of Code: BMC 38.400.010.A. Streets, general. All streets must comply with the adopted land use plan and/or transportation plan. The arrangement, type, extent, width, grade and location of all streets must be considered in their relation to existing and planned streets, to topographical conditions, to public convenience and safety, and to the proposed uses of the land to be served by such streets. Summary of the Variance Request: Based on site constraints and sensitive lands located along the eastern boundary of the subject property, the applicant has submitted two variances requesting that the continuation of Water Lily Findings of Fact Laurel Meadows Preliminary Plat Application No. 25779 August 18, 2026 Page 19 of 24 Drive not be provided. Variance request #1, from BMC 38.400.010.A., was submitted. The applicant requested to omit the extension of the existing local street, Water Lily Drive, through West Babcock Street and the subject property to provide the continuation of Water Lily Drive from the adjacent properties. As it relates to the subject property, the intersection of Water Lily and West Babcock Street is located directly south of an existing gravel pit area that has developed into a wetland. The applicant’s evaluation of the area concluded that the gravel pit soils and wetland area are not suitable for road construction, but ideal for the construction of additional wetlands and linear park in accordance with the subdivision’s wetland mitigation plan. Due to the presence of sensitive lands, it would be detrimental to the general welfare of the community to require a road to be constructed across the existing wetland. Section 38.760.060.C. - Criteria for Consideration 1. Is not detrimental to public health, safety, or general welfare; Is necessary due to conditions peculiar to the property, such as physical surroundings, shape, or topographical conditions; Comments: It was determined by staff that the variance requested is not detrimental to public health, safety, or general welfare; and is necessary to support adjacent linear park and trail systems, and honor existing Baxter Creek Stream Ditch conveyance as well as an existing restricted covenant of dedication with the Army Core of Engineers for jurisdictional wetlands along Baxter Creek corridor. In addition, planned wetland mitigation in the southeast corner of the site is being proposed to fulfill the obligations of the UDC concerning wetland resources and in support of the overall protection and mitigation of natural resource impacts with development. 2. Strict application of the regulations to the property results in an unnecessary hardship to the owner as compared to others subject to the same regulations and that is not self-imposed. Hardship does not include difficulties arising from actions, or difficulties otherwise self-imposed, by the applicant or previous predecessors in interest, or potential for greater financial returns; Comments: The staff found that strict application of the continuation of streets regulation to the property results in an unnecessary hardship for the owner and compared to others subject to the same regulations. The Baxter Creek wetland corridor and linear park and trail system has been honored in its congruency and form as a park and wetland resource throughout its entire length through City limits by every major adjacent subdivision development. In addition, the applicant requested to omit the continuation of Water Lily Drive based on existing geotechnical investigations that show that this location is not suitable for the construction of roads and foundations. The applicant elected to enhance the existing gravel pit into a pond with a constructed wetland as part of the wetland mitigation plan based on their proposed impact to non-jurisdictional wetlands located central to the property. 3. May not cause a substantial increase in public costs; and Comments: The staff found that the variance requested has not caused a substantial increase in public cost. Additional local roadway areas that are being omitted with the variance will be replaced with public parkland and wetland features to establish connectivity with adjacent parks and trails. Parks will cost effectively maintain the additional open space that will serve as an asset to the City and the local neighborhoods. 4. May not place the property in nonconformance with any other regulations. Findings of Fact Laurel Meadows Preliminary Plat Application No. 25779 August 18, 2026 Page 20 of 24 Comments: The staff found that the variance requested has demonstrated compliance with other regulations and supported the overall compliance of the project with respect to park and wetland UDC requirements. 5. In addition to the criteria specified above, in the case of a variance relating to the flood hazard provisions of article 6: a. Variances may not be issued for areas within a floodway if any additional increase in flood elevations or velocities after allowable encroachments into the floodway fringe would result; b. Variances may only be issued upon: (1) A determination that the granting of a variance will not result in increased flood hazards, present additional threats to public safety, be an extraordinary public expense, create nuisances, cause fraud, victimize the public, or conflict with existing state and local laws; (2) A determination that the proposed use would be adequately floodproofed as specified in article 6 of this chapter; (3) A determination that a reasonable alternate location outside the floodplain is not available; (4) A determination that the variance requested is the minimum necessary to afford relief, considering the flood hazard; and (5) Approval of the state department of natural resources and conservation, upon request from the city, prior to formally approving any permit application that is in variance to these regulations. Comments: The staff found that the flood hazard variance provision is not applicable. There was no variance relating to the flood hazard provisions requested with this preliminary plat application. Detail concerning flood hazard review is included in the Floodplain section 5.2 of this staff report. Variance Request #2 Yes Section of Code: BMC 38.410.040.B. Block length. Block length must not be designed, unless otherwise impractical, to be less than 300 feet in length or more than 400 feet in length. Block lengths may be longer than 400 feet if necessary, due to topography, the presence of critical lands, access control, or adjacency to existing parks or open space. In no case may a block exceed 1,320 feet in length. Summary of the Variance Request: Based on site constraints and sensitive lands located along the eastern boundary of the subject property, the applicant has submitted two variances requesting that the continuation of Water Lily Drive not be provided. Variance Request #2, from BMC 38.410.040.B., was submitted. This request is related to the block length between Pond Lily and Cottonwood Road. Without the extension of Water Lily Drive, the distance between Pond Lily Drive and Cottonwood Road along West Babcock Street is around 2,000 ft. The extension of Water Lily Drive would have reduced this distance, but the block length would remain significantly longer than the maximum 1,320 feet City block length established in BMC 38.410.040.B. Section 38.760.060.C. - Criteria for Consideration 1. Is not detrimental to public health, safety, or general welfare; Is necessary due to conditions peculiar to the property, such as physical surroundings, shape, or topographical conditions; Findings of Fact Laurel Meadows Preliminary Plat Application No. 25779 August 18, 2026 Page 21 of 24 Comments: It was determined by staff that the variance requested for extended block length is not detrimental to public health, safety, or general welfare; and is necessary to support adjacent linear park and trail systems, and honor existing Baxter Creek stream ditch conveyance as well as an existing restricted covenant of dedication with the Army Core of Engineers for jurisdictional wetlands along the Baxter Creek corridor. In addition, planned wetland mitigation in the southeast corner of the site is being proposed to fulfill the obligations of the UDC concerning wetland resources and in support of the overall protection and mitigation of natural resource impacts with development. 2. Strict application of the regulations to the property results in an unnecessary hardship to the owner as compared to others subject to the same regulations and that is not self-imposed. Hardship does not include difficulties arising from actions, or difficulties otherwise self-imposed, by the applicant or previous predecessors in interest, or potential for greater financial returns; Comments: The staff found that strict application of the block length regulation to the property results in unnecessary hardship for the owner and compared to others subject to the same regulations. The Baxter Creek wetland corridor and linear park and trail system has been honored in its congruency and form as a park and wetland resource throughout its entire length through City limits by every major adjacent subdivision development. In addition, the applicant requested to omit the continuation of Water Lilly Drive and extend the block length based on existing geotechnical investigations that show that this location is not conducive for the construction of roads and foundations. The applicant elected to enhance the existing gravel pit into a pond with a constructed wetland as part of the wetland mitigation plan based on their proposed impact to non- jurisdictional wetlands located central to the property and provide sidewalk connections to adjacent existing West Babcock Street crossings and linear trail systems. 3. May not cause a substantial increase in public costs; and Comments: The staff found that the variance requested has not caused a substantial increase in public cost. Additional local roadway areas that are being omitted with the block length variance will be replaced with public parkland and wetland features to continue the form and connectivity of adjacent parks and trails. Parks will maintain the spaces for a scope and scale of work of generally less cost value in comparison to public street maintenance. 4. May not place the property in nonconformance with any other regulations. Comments: The staff found that the variance requested demonstrated compliance with other regulations and supported the overall compliance of the project with respect to park and wetland UDC requirements. 5. In addition to the criteria specified above, in the case of a variance relating to the flood hazard provisions of article 6: a. Variances may not be issued for areas within a floodway if any additional increase in flood elevations or velocities after allowable encroachments into the floodway fringe would result; b. Variances may only be issued upon: (1) A determination that the granting of a variance will not result in increased flood hazards, present additional threats to public safety, be an extraordinary public expense, create nuisances, cause fraud, victimize the public, or conflict with existing state and local laws; Findings of Fact Laurel Meadows Preliminary Plat Application No. 25779 August 18, 2026 Page 22 of 24 (2) A determination that the proposed use would be adequately floodproofed as specified in article 6 of this chapter; (3) A determination that a reasonable alternate location outside the floodplain is not available; (4) A determination that the variance requested is the minimum necessary to afford relief, considering the flood hazard; and (5) Approval of the state department of natural resources and conservation, upon request from the city, prior to formally approving any permit application that is in variance to these regulations. Comments: The staff found that the flood hazard variance provision is not applicable. There was no variance relating to the flood hazard provisions requested with this preliminary plat application. Detail concerning flood hazard review is included in the Floodplain section 5.2 of this staff report. Public Comment DRC Yes Comments: Public notice occurred from 7/6/2026-7/24/2026. During that period two public comments were received. The public comments submitted discussed concerns regarding the following topics: completeness of the environmental analysis related to wildlife and vegetation on site, appropriate content and timing of the wetland delineation, the claim of providing needed housing/affordable housing, stormwater impacts, unit counts related to restricted lots, construction management plans, trail capacities, surfacing of trails, and brightness and color of street lighting. Completeness of Environmental Analysis related to Wildlife and Vegetation: The public comment did not identify any new impacts to wildlife and vegetation not previously analyzed. All information for review of a subdivision, as required by BMC Section 38.710.050. in conformance with MCA 76-25-4 was submitted in Documents; 001 Laurel Meadows Narrative, Appendix T, Wildlife Memo, Appendix V, Vegetation Memo . Analysis of the information required for review of vegetation and wildlife is contained in Article 4, Section 5.5 and 5.6 of this report. The public comment states that “the record appears incomplete and unreliable with respect to wildlife and vegetation conditions, because it does not account for all species both currently and reasonably present on or near the site...”. The Bozeman Municipal Code does not require such information. Section 38.710.050.A.6, BMC, requires information related to “endangered species or species of concern which use the area affected by the proposed subdivision” and their critical habitat. The applicant provided the required information, finding no endangered species or species of concern present, in Appendix T. Staff analyzed the application materials and determined it complies with code requirements. Stormwater, drainage, erosion, and sedimentation impacts: The public comment requests the City to require the applicant to submit additional data and analysis addressing “…stormwater, drainage, erosion, and sedimentation impacts…,” but does not mention stormwater anywhere else in the comment. The comment does not provide any evidence of noncompliance with stormwater requirements and did not identify any new impacts from stormwater not previously analyzed. All information for review of a subdivision, as required by BMC Section 38.710.050. in conformance with MCA 76-25-4 was submitted. Stormwater was analyzed in Article 4, Section 5.10 and its relation to ground and surface waters were analyzed in Article 4, Sections 5.1 and 5.2, respectively. Findings of Fact Laurel Meadows Preliminary Plat Application No. 25779 August 18, 2026 Page 23 of 24 Timing and content of Wetland Delineation Public comment contested the timing of the submitted Wetland Delineation as well as the validity of the materials contained within. The subject property received an Approved Jurisdictional Determination (AJD) from the US Army Core of Engineers (USACE) on December 9, 2021 for a wetland delineation completed in a 2021 Wetland Mitigation Report by Morrison Maierle. The 2025 Wetland Mitigation Report submitted with this application on December 18, 2025 was found in compliance with BMC Section 38.710.120.2.a, which allows for a wetland and watercourse delineation report to be developed within five (5) years of the date of the submission of the report. Because the report submitted with this application was completed within the five-year time period allowed by code, the report is sufficient for staff review in support of the application. City Staff reviewed all submitted material related to wetlands including Appendix J and X.3 and found that all materials required by BMC Section 38.710.020, .030. and .040. were submitted with the application and showed compliance with all adopted standards applicable to the review of subdivisions in the City of Bozeman. Affordable housing: Public comment submitted contests the applicant’s claim that the subdivision would provide “much-needed housing.” The comment requests the City require additional information regarding the individual house layouts and sale pricing for each unit and then “determine whether these metrics fall within the City and state standards for affordable housing …” The comment misstates what is proposed in the application and what is required by the Bozeman Municipal Code. The applicant’s characterization of providing “much-needed housing” is irrelevant to the City’s evaluation of the application. There is no code criteria or requirement that evaluates an application based on the type or amount of housing it proposes to supply, except minimum density requirements as discussed in Section 5.13 of this report. The Bozeman Municipal Code provides certain incentives for the creation of affordable rental units (See Division 38.340, BMC); however, this application does not propose to utilize any of those incentives or provide any affordable rental housing pursuant to the code. Therefore, the metrics regarding the City’s affordable housing code are inapplicable to this application. The state has no standards for affordable housing and, in fact, state law prohibits a municipality from requiring affordable housing (See Montana Code Annotated 76-25-401(3)(b). Construction Management Plans: A construction management or traffic management plan is not required for subdivision review. Project construction details including a traffic control plan will be required with construction permitting and during the City’s review of proposed public infrastructure through Infrastructure Review or Site Plan Review applications. All information for review of a subdivision, as required by BMC Section 38.710.050. in conformance with MCA 76-25-4 was submitted. Unit counts: Public comment submitted expresses concerns relating to the unit count of the proposed phases in relation to the full potential build out of the subdivision. The application proposes to create 99 residential lots. Currently, the subject property is situated such that 4 restricted lots exist. A restricted lot requires further subdivision review in order to create a developable lot. The submitted Traffic Impact Study was completed assuming a complete build out of all 4 restricted lots in order to ensure that access and the supporting street infrastructure is appropriately designed for the potential maximum capacity. Parkland dedication was calculated for the developable lots and will Findings of Fact Laurel Meadows Preliminary Plat Application No. 25779 August 18, 2026 Page 24 of 24 be analyzed and calculated for the restricted lots in the future when developable lots are created through further subdivision. Analysis of the traffic generated by the proposed subdivision was analyzed in Article 4, Section 5.11 of this report. Analysis of parkland dedication was completed in Article 4, Section 5.14 of this report. Trail Capacity and Trail Surfacing: Neither the Montana Code Annotated or Chapter 38 of the Bozeman Municipal Code provides any review criteria or standards for the capacity of trails in relation to subdivision review. The City Transportation Division and Parks Department utilize guiding documents such as the 2017 Transportation Master Plan and the 2023 Comprehensive Parks, Recreation, and Active Transportation (PRAT) Plan to allow the Development Review Committee to determine the appropriate surfacing. Street Lighting: Neither the Montana Code Annotated nor Chapter 38 of the Bozeman Municipal Code provides any standards or criteria for installation of Street Lighting in relation to subdivision review. Street lighting is reviewed during Infrastructure Review. Finding: The proposed subdivision, with the requested variances, is in substantial compliance with the zoning and subdivision regulations. While two public comments were received which submitted concerns, the comments submitted do not provide evidence that the proposed subdivision fails to meet the requirements of MCA 76-25-408 subsection (7)(a) or (7)(b).