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HomeMy WebLinkAbout22034 Staff Report Staff Report Nahorniak Commons Master Site Plan Application 22034 September 21, 2022 Page 1 of 19 Application No. 22034 Type Master Site Plan Project Name Nahorniak Commons Master Site Plan Summary This proposed master site plan allows for the phased construction of two – four household dwellings through subsequent site plan applications on Tract 6 and Tract 7 of the Smith Subdivision. Additionally improvements include the construction of an associated drive aisle, individual driveways, rear yard open space areas, trash enclosure, stormwater retention, and landscaping. The overall project will be developed in two phases. Zoning R-4 Growth Policy Urban Neighborhood Parcel Size 1.039 acres Overlay District(s) None Street Address 5170 Durston Road (Proposed Dwelling Units Address TBD) Legal Description Tract 6 and Tract 7, Smith Subdivision, located in NW ¼ of Section 11, Township 02 South, Range 05 East of P.M.M., City of Bozeman, Gallatin County, Montana. Owner Mark Nahorniak, MJN Properties, 5170 Durston Road, Bozeman, MT 59718 Applicant Mark Nahorniak, MJN Properties, 5170 Durston Road, Bozeman, MT 59718 Representative Ryan Hudock, IMEG, 1091 Stoneridge Drive, Bozeman, MT 59718 Staff Planner Nakeisha Lyon Engineer Alicia Paz-Solis Noticing Public Comment Period Site Posted Adjacent Owners Mailed Newspaper Legal Ad 09/02/2022 to 09/16/2022 09/02/2022 09/02/2022 N/A Advisory Boards Board Date Recommendation Development Review Committee 03/16/2022 Inadequate for Further Review Development Review Committee 06/30/2022 Inadequate for Further Review Development Review Committee 08/31/2022 Adequate for Further Review, Subject to Conditions and Code Provisions. Recommendation Sufficient for approval with conditions and code provisions Decision Authority Interim Director of Community Development or her designees Date: 09/21/2022 Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715 Staff Report Nahorniak Commons Master Site Plan Application 22034 September 21, 2022 Page 2 of 19 FINDINGS OF FACT AND APPEAL PROVISIONS CERTIFICATE A) PURSUANT to Chapter 38, Article 2, Bozeman Municipal Code (BMC), and other applicable sections of Ch. 38, BMC, public notice was given, opportunity to submit comment was provided to affected parties, and a review of the Master Site Plan described in this report was conducted. The applicant proposed to the City of Bozeman a Master Site Plan (MSP) to permit the phased construction of two – four household dwellings through subsequent site plan applications on Tract 6 and Tract 7 of the Smith Subdivision. Additionally improvements include the construction of an associated drive aisle, individual driveways, rear yard open space areas, trash enclosure, stormwater retention, and landscaping. The overall project will be developed in two phases. The purpose of the Master Site Plan review is to consider all relevant evidence relating to public health, safety, welfare, and the other purposes of Ch. 38, BMC; to evaluate the proposal against the criteria of Sec. 38.230.100 BMC, and the standards of Ch. 38, BMC; and to determine whether the application should be approved, conditionally approved, or denied. B) It appeared to the Director that all parties and the public wishing to examine the proposed Master Site Plan and offer comment were provided the opportunity to do so. After receiving the recommendation of the relevant advisory bodies established by Ch. 38, Art. 210, BMC, and considering all matters of record presented with the application and during the public comment period defined by Ch. 38, BMC, the Director has found that the proposed Master Site Plan would comply with the requirements of the BMC if certain conditions were imposed. Therefore, being fully advised of all matters having come before them regarding this application, the Director makes the following decision. C) The Master Site Plan has been found to meet the criteria of Ch. 38, BMC, and is therefore approved, subject to the conditions listed in this report and the correction of any elements not in conformance with the standards of the Title. The evidence contained in the submittal materials, advisory body review, public testimony, and this report, justifies the conditions imposed on this development to ensure that the Site Plan complies with all applicable regulations, and all applicable criteria of Ch. 38, BMC. On this 19th day of September, 2022, Anna Bentley, Interim Director of Community Development, or her designees, approved with conditions and code provisions this Master Site Plan for and on behalf of the City of Bozeman as authorized by Sec. 38.200.010, BMC. D) This Director of Community Development’s project decision may be appealed by filing a documented appeal and paying an appeal fee to the Clerk of the Commission for the City of Bozeman within 10 working days after the date of the final decision as evidenced by the Director’s signature, following the procedures of Sec. 38.250.030, BMC. INTERIM DIRECTOR OF COMMUNITY DEVELOPMENT OR HER DESIGNEES Staff Report Nahorniak Commons Master Site Plan Application 22034 September 21, 2022 Page 3 of 19 CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report: Conditions of Approval: 1. 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. City of Bozeman Resolution 5076, Policy -The applicant must provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SIDs) for the following if they do not already exist: a. Street improvements to Durston Road between Fowler Ave and 19th Ave including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage; b. Intersection improvements at Durston Road and Fowler Ave including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage; c. Intersection improvements at Durston Road and 19th Ave including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage; d. Intersection improvements at Durston Road and North 27th Ave including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. e. The applicant can obtain a copy of the template SID waiver from the City Engineering Department. The SID waiver filed must specify that in the event a SID is not utilized for the completion of these improvements, the applicant agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. The applicant must provide a copy of the SID waiver filed with the County Clerk and Recorder prior to final master site plan approval. 3. Please provide an actual window sample or a photo of the window as evidence of transparency. CODE PROVISIONS Code provisions must be addressed prior to building permit approval or concurrent construction as denoted below: 1. BMC 38.410.060 (C.1) – Engineering has reviewed the provided thirty (30) foot public utility easement and has no further comment. The applicant must provide a final signed copy (with wet signatures) prior to final master site plan approval. 2. BMC 38.410.130 -The applicant must pay the final determination of cash-in-lieu of water rights (CILWR) prior to master site plan approval. ADVISORY COMMENTS: These comments may be addressed prior to building permit approval or must be addressed in future applications. 1. Engineering Division: Per the Annexation Agreement, the existing structure's septic system shall be abandoned upon future development. 2. Engineering Division: Per the Annexation Agreement, the existing structure's water well shall be abandoned upon future development per the annexation agreement. 3. Building Division: The City of Bozeman and the State of Montana are adopting the new ICC 2021 Building Codes Spring of 2022. Staff Report Nahorniak Commons Master Site Plan Application 22034 September 21, 2022 Page 4 of 19 4. Water Conservation Division: Please clarify what is being irrigated in this proposed schedule. The schedule appears to say that the irrigation schedule intends to run every day for 8 hours a day and would likely keep the landscape excessively wet. Please revise the watering schedule to show a more appropriate days per week and time of day watering according to plant water demand. 5. Water Conservation Division: Please provide information on proposed SF of turf grass (sod) to be installed). 6. Planning Division: A lot merger agreement is required for the utilization of Tract 6 and Tract 7 for this proposed development. This must be recorded against the property and must be submitted during the Phase 1 Site Plan process. A template has been provided in City Documents. 7. Planning Division: Please be advised subsequent site plan submittal for Phase 1 and Phase 2 are required. 8. Planning Division: Concurrent Construction must be requested at time of Site Plan application per Section 38.270.030, BMC. For Site Plans requiring public infrastructure extensions or upgrades on site or directly adjacent to site use CCON checklist. For Site Plans requiring off-site public infrastructure improvements use CCOFF Checklist. Please submit these accordingly if necessary during the subsequent site plan submittals. 9. Water & Sewer Division: Please check your fixture counts to make sure that 1” water service will be adequate for what is proposed. 10. Water & Sewer Division: Please show the location of valves on the plans for each of the 4" fire services. The curb box for the southern building should be closer to the water main instead of right on top of the sewer main. Staff Report Nahorniak Commons Master Site Plan Application 22034 September 21, 2022 Page 5 of 19 Figure 1: Current Zoning Map Staff Report Nahorniak Commons Master Site Plan Application 22034 September 21, 2022 Page 6 of 19 Figure 2: Community Plan Designation Staff Report Nahorniak Commons Master Site Plan Application 22034 September 21, 2022 Page 7 of 19 Figure 3: Proposed Master Site Plan Staff Report Nahorniak Commons Master Site Plan Application 22034 September 21, 2022 Page 8 of 19 Figure 4: Proposed Landscaping Plan Staff Report Nahorniak Commons Master Site Plan Application 22034 September 21, 2022 Page 9 of 19 Figure 5: Main Floor Plan Staff Report Nahorniak Commons Master Site Plan Application 22034 September 21, 2022 Page 10 of 19 Figure 6: 2nd Level Floor Plan Staff Report Nahorniak Commons Master Site Plan Application 22034 September 21, 2022 Page 11 of 19 Figure 7: 3rd Level Floor Plan Staff Report Nahorniak Commons Master Site Plan Application 22034 September 21, 2022 Page 12 of 19 Figures 8 - 9: East and West Elevations Staff Report Nahorniak Commons Master Site Plan Application 22034 September 21, 2022 Page 13 of 19 Figures 10 - 13: South and North Elevations, East – West Building Section, and Building Materials Staff Report Nahorniak Commons Master Site Plan Application 22034 September 21, 2022 Page 14 of 19 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. Plan Review, Section 38.230.100, BMC In considering applications for plan approval under this title, the Director of Community Development shall consider the following: 1. Conformance with Article 1 - Consistency with the City’s adopted Growth Policy 38.100.040.D Meets Code? Growth Policy Land Use Urban Neighborhood Yes Zoning R-4 (Residential High Density District) Yes Comments: The uses as denoted within the MSP submittal are allowed within the zoning district. The property is within the City’s municipal service area and complies with the goals and objectives of the growth policy. No conflicts between the proposed uses, zoning compliance and the growth policy are identified. 2. Conformance with Article 1 - All other applicable laws, ordinances, and regulations (38.100.080) Meets Code? Condominium ownership N/A Comments: There is no proposed condominium ownership association for this MSP. The proposed uses of the site are consistent with the allowed uses of the R-4 district. No specific conflicts identified. Additional steps will be required including but not limited to the approval of site plans for each phase and building permits. The site plans will be reviewed accordingly by the Development Review Committee for approval in accordance with the Bozeman Municipal Code, and adopted design policies and plans. The Building Division of the Department of Community Development will review the requirements of the International Building Code for compliance at the time of building permit application. 3. Conformance with Article 2, including the cessation of any current violations (38.200.160) Meets Code? Current Violations None Yes Comments: 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. 4. Conformance with Article 2 - Submittal material (38.220) requirements and plan review for applicable permit types (38.230) Meets Code? Master Site Plan Yes Submittal requirements 38.220.100 Yes Phasing of development 38.230.020.B No. of phases: 2 Yes Comments: The application meets all the master site plan submittal material requirements with the inclusion of applicable conditions of approval and code provisions applicable which must be met prior to building permit approval, concurrent construction, if applicable, or otherwise as indicated accordingly for each listed condition or code provision. The MSP is proposed to be a phased project to be developed in two phases. Therefore, subsequent site plan submittals are required for the approval of the final construction of these phases. Any additional development such as an expansion may require an amendment to this approved MSP and/or future SPs, or a new MSP and/or SPs applicable to that area based on the met thresholds of applicability denoted in Sec. 38.230.040. Any additional use permit (Conditional Use Permit) 38.230.120 or (Special use Permit) 38.230.120 N/A Comments: N/A Staff Report Nahorniak Commons Master Site Plan Application 22034 September 21, 2022 Page 15 of 19 5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code? Permitted uses 38.310 Four household dwellings Yes Form and intensity standards 38.320 Zoning: B-P Setbacks (feet) Structures Parking / Loading Yes Front 15 feet –Front Setback to the North N/A Rear 20 feet – Functional Rear to the West N/A Side 5 feet – Functional Side to the South, Side Setback to the East N/A Alley N/A N/A Comments: The proposed setbacks meets all R-4 zone district standards with a 15’ front setback off Durston Road, 20’ rear setback on the west, and 5’ side setback to the east and the south of the subject property boundaries. Based on the subject property, the standard side setback would be taken from the west at 5’ and the standard rear setback would be taken from the south. Per Sec.38.320.020.D.2, when a lot has one or more principal buildings which are oriented to place the functional rear of a building adjacent to a side lot line, a setback from the property line equal to that for a rear setback must be provided. Based on this provision, the rear of the buildings are orientated towards the west of the subject property. Additionally, per Community Development Director’s Policy, the director has authority to interpret setbacks specific to a particular lot or site which was pursued by the applicant and the previous Community Development Director has permitted the current side setback to the south. Each dwelling has stairs which encroach approximately 1.5 feet into the 20-foot western setback serving as the functional rear. This encroachment is allowed per Sec. 38.350.050.A.1. The primary frontage for the subject property is along Durston Road which has a block frontage designation of Landscaped. Based on the proposed use for four household dwellings, the provisions of the Landscaped block frontage are not applicable. There is a proposed 30’ public water and sewer utility easement running north-south along the drive aisle, an existing 10’ utility easement running adjacent to the eastern property boundary, and a 10’ utility easement running north-south between the two buildings. Lot coverage 23% Allowed 50% Yes Building height 36’ Allowed 36’ with roof pitch < 3:12 46’ with roof pitch > 3:12 Yes Comments: The peak of the flat roof is at approximately 36’ in height. Applicable zone specific or overlay standards 38.330-40 N/A Comments: N/A General land use standards and requirements 38.350 Yes Comments: N/A Applicable supplemental use criteria 38.360 N/A Supplemental uses/type N/A N/A Comments: There are no supplemental uses or types within this application. Wireless facilities 38.370 N/A Affordable Housing 38.380.010 N/A Affordable housing plan N/A Staff Report Nahorniak Commons Master Site Plan Application 22034 September 21, 2022 Page 16 of 19 Comments: N/A 6a. Conformance with Article 4 - Community Design Provisions: Transportation Facilities and Access (38.400) Meets Code? Streets 38.400.010 Yes Street and road dedication 38.400.020 Yes Access easements Yes Level of Service 38.400.060 Yes Transportation grid adequate to serve site Yes Comments: ITE trip generation rates through a traffic report for the residential use was provided, reviewed, and deemed sufficient by the City’s Engineering Department. Sidewalks 38.400.080 Yes Comments: There is an existing City standard sidewalk along Durston Road. Drive access 38.400.090 Access to site: 1 Yes Fire lanes, curbs, signage and striping Yes Comments: Vehicular access is provided off Durston Road. Fire lanes, curbing, striping, signage and gutters have been reviewed and approved by the Fire Department and Engineering Department. The subject property is not located within any SID’s. Applicable waivers of Right to Protest Creation of Special Improvement Districts (SID’s) will be filed accordingly with the Gallatin Clerk and Recorder’s office prior to final site plan approval of this project per Condition of Approval #2. Street vision triangle 38.400.100 Yes Transportation pathways 38.400.110 Yes Pedestrian access easements for shared use pathways and similar transportation facilities Yes Public transportation 38.400.120 N/A Comments: There are no known obstructions to the site vision triangles. 6b. Conformance with Article 4 – Community Design Provisions: Community Design and Elements (38.410) Meets Code? Neighborhood centers 38.410.020 N/A Comments: There is no proposed neighborhood center applicable to this SP application. Lot and block standards 38.410.030-040 N/A Midblock crossing: rights of way for pedestrians alternative block delineation N/A Comments: Requirements of BMC 38.410 such as lot and block standards and midblock crossings were previously reviewed for conformance and satisfied, if necessary, as part of the applicable platting process associated with these tracts. If the development is adjacent to an existing or approved public park or public open space area, have provisions been made in the plan to avoid interfering with public access to and use of that area N/A Provisions for utilities including efficient public services and utilities 38.410.050-060 Yes Easements (City and public utility rights-of-way etc.) Yes Water, sewer, and stormwater Yes Other utilities (electric, natural gas, communications) Yes CIL of water Yes Comments: Utilities, easements, water, sewer, and stormwater have been reviewed by the Engineering Department, Water/Sewer Division, and Northwestern Energy for functionality and compliance with adopted standards. Any applicable conditions and code provisions related to the above-mentioned requirements are included in this staff report. Applicable cash in lieu of water rights were determined formally by the Engineering Department and must be paid to the City of Bozeman prior to the final approval of this site plan. Municipal infrastructure requirements 38.410.070 Yes Staff Report Nahorniak Commons Master Site Plan Application 22034 September 21, 2022 Page 17 of 19 Comments: Municipal infrastructure requirements have been reviewed by the Engineering Department, Water/Sewer Division, and Northwestern Energy for functionality and compliance with adopted standards. Any applicable conditions and code provisions related to the above-mentioned requirements may be included in this staff report. Grading & drainage 38.410.080 Yes Location, design and capacity of stormwater facilities Yes Stormwater maintenance plan Yes Landscaping: native species, curvilinear, 75% live vegetation 38.410.080.H Yes Comments: Requirements of BMC 38.410 such as grading and drainage and stormwater provisions have been reviewed by the Engineering Department and Stormwater Department for functionality and compliance with adopted standards. Any applicable conditions and code provisions related to the above-mentioned requirements may be included in this staff report. Watercourse setback 38.410.100 N/A Watercourse setback planting plan 38.410.100.2.f N/A 6c. Conformance with Article 4 – Community Design Provisions: Park and Recreation Requirements (38.420) Meets Code? Parkland requirements 38.420.020.A .52 ac. X 10 units/ac. X 0.03 ac.= .3 ac. N/A Cash donation in lieu (CIL) 38.420.030 N/A Improvements in-lieu N/A Comments: There is no residential component to this project. Park Frontage 38.420.060 N/A Park development 38.420.080 N/A Recreation pathways 38.420.110 N/A Park/Recreational area design N/A Comments: This MSP application and subsequent SP applications do not trigger parkland dedication as per Section. 38.420.020.B.6. of the BMC, Section 38.420.020.A.2 does not apply to subsequent site development located within major subdivisions which received preliminary plat approval after July 1, 1973, and which received final plat approval prior to October 1, 2005. Final plat approval for these tracts was granted between 1947 and 1948. 7a. Conformance with Article 5 – Project Design: Block Frontage Standards (38.510) Meets Code? Block frontage classification Landscaped – Durston Road N/A Departure criteria N/A N/A Comments: The primary frontage for the subject property is along Durston Road which has a block frontage designation of Landscaped. Based on the proposed use for four household dwellings, the provisions of the Landscaped block frontage are not applicable. 7b. Conformance with Article 5 – Project Design: Site Planning and Design Elements (38.520) Meets Code? Design and arrangement of the elements of the plan (e.g., buildings, circulation, open space and landscaping, etc.) so that activities are integrated with the organizational scheme of the community, neighborhood, and other approved development and produce an efficient, functionally organized and cohesive development Yes Relationship to adjacent properties 38.520.030 N/A Non-motorized circulation and design systems to enhance convenience and safety across parking lots and streets, including, but not limited to paving patterns, pathway design, landscaping and lighting 38.420.040 Yes Comments: This proposed development conforms to requirements of Sec. 38.520. This includes a proposed internal sidewalk system with pedestrian connections to the existing public sidewalk along Durston Road. All design and arrangement of the elements of the proposed SP such as vehicular and pedestrian circulation, etc, have been met. Design of vehicular circulation systems to assure that vehicles can move safely and easily both within the site and between properties and activities within the general community 38.420.050 N/A Staff Report Nahorniak Commons Master Site Plan Application 22034 September 21, 2022 Page 18 of 19 7d. Conformance with Article 5 – Parking (38.540) Meets Code? Parking requirements 38.540.050 Yes Parking requirements residential 38.540.050.A.1 24 Reductions residential 38.540.050.A.1.b N/A Parking requirements nonresidential 38.540.050.A.2 N/A Reductions nonresidential 38.540.050.A.2.c N/A Provided off-street N/A Provided on-street N/A Bicycle parking 38.540.050.A.4 2.4 (required) / 16 (provided) Comments: The proposed parking meets the minimum requirements for the three-bedroom dwelling type which requires three spaces per dwelling. The applicant has provided 24 parking spaces consistent with the requirements denoted above. For each three-bedroom dwelling unit, one space is provided in the garage, one space is provided in the driveway, and one space is provided along the drive aisle to the east of each unit. Each space is in conformance with the dimensional requirements of Sec. 38.540.050. The applicant has provided the required 10% bicycle spaces per the BMC, with 2.4 bicycle spaces required. The applicant will provide 16 bicycle spaces for the overall development of the unit. Loading and uploading area requirements 38.540.080 N/A First berth – minimum 70 feet length, 12 feet in width, 14 feet in height N/A Additional berth – minimum 45 feet length N/A Comments: The requirements regarding loading berths are not applicable to this subject property. Internal roadway design 38.520.050.D N/A Comments: Requirements of BMC 38.520 such as design of vehicular circulation systems and internal roadway design are not applicable based on the acreage and configuration of the subject property. On-site open space 38.520.060 Yes Total required 150 sf x 8 dwelling units 1,200 sf Total provided 4.3% 5,312 sf Comments: Usable residential open space is required for this proposed development equaling at least 150 square feet per dwelling with two or more bedrooms. This has been met in conformance with the provisions of this section of the BMC. Location and design of service areas and mechanical equipment 38.520.070 Yes Comments: Requirements of the location and design of service areas, and mechanical equipment have been reviewed for conformance and satisfied within this MSP application. 7c. Conformance with Article 5 – Project Design: Building Design (38.530) Meets Code? Compatibility with, and sensitivity to, the immediate environment of the site and the adjacent neighborhoods and other approved development 38.530.030 Yes Building massing and articulation 38.530.040 Yes Building details, materials, and blank wall treatments 38.530.050-070 Yes Comments: The building design standards with Sec. 38.530 have been reviewed for conformance and satisfied within this MSP application. The façade articulation for the residential buildings are met along the north elevation and the east elevation. Through technically a side setback, the east elevation must be in conformance with these standards as it serves as the functional front of the proposed dwellings. For each individual dwelling unit, the eastern façade is designed with at least three articulation features such as entries, use of windows, and use of weather protection features. Additionally, each individual dwelling unit has a change in building material with charcoal metal siding and wood siding. The north elevation features entries, use of windows, and changes in building material. Staff Report Nahorniak Commons Master Site Plan Application 22034 September 21, 2022 Page 19 of 19 7e. Conformance with Article 5 – Landscaping (38.550) Meets Code? Mandatory landscaping requirements 38.550.050 Yes Drought tolerant species 75% required Yes Parking lot landscaping Yes Additional screening Yes Street frontage Yes Street median island N/A Acceptable landscape materials Yes Protection of landscape areas Yes Irrigation: plan, water source, system type Yes Residential adjacency Yes Comments: Requirements of BMC 38.550 for landscaping have been reviewed for conformance and satisfied within this MSP application. Landscaping of public lands 38.550.070 N/A Comments: There are no public lands on site. 7f. Conformance with Article 5 – Signs (38.560) Meets Code? Allowed SF/building 38.560.060 N/A N/A Proposed SF/building N/A N/A Comments: All signage, if any, will be reviewed and approved as part of a separate signage and building permit. 7g. Conformance with Article 5 – Lighting (38.570) Meets Code? Site lighting (supports, cutoff, footcandles, temperature) 38.570.040 N/A Building-mounted lighting (supports, cutoff, footcandles, temperature) 38.570.040.B N/A Comments: Lighting has not been proposed within this application. 8. Conformance with Article 6 – Natural Resource Protection Meets Code? Floodplain regulations 38.600 N/A Wetland regulations 38.610 N/A Comments: No impacts to surface waters and floodplains were identified. 9. Relevant Comment from Affected Parties (38.220) Meets Code? Public Comment Yes Comments: A public notice period as required per Section 38.220.420 occurred between September 2, 2022 and September 16, 2022. The property posting and mailing to adjacent owners occurred on September 2, 2022. One public comment was received which can be viewed at the link below: https://weblink.bozeman.net/WebLink/DocView.aspx?id=265059&dbid=0&repo=BOZEMAN&cr=1 Staff responded accordingly to the applicant’s concern regarding the parking space requirements and traffic study completed as a component of this application. 10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code? Subdivision exemptions N/A Required easements Yes Comments: Required easements have been reviewed and addressed by the Engineering Department, Northwestern Energy, and Water/Sewer Division. Any applicable conditions and code provisions related to required easements are included in this staff report.