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HomeMy WebLinkAbout21242 Staff Report Staff Report Vance Thompson Vision Site Plan Application 21242 April 4, 2022 Page 1 of 17 Application No. 21242 Type Site Plan Project Name Vance Thompson Vision Summary This site plan application proposes to construct an approximately 56,065 square foot three story vision clinic, ambulatory surgery center, and Lasik center for Vance Thompson Vision. The owner will occur this facility on the 1st and 2nd floors, and create shell spaces for offices on the 3rd floor for future tenants. The Vance Thompson Vision facility includes an atrium/lobby area, various examination and surgery rooms, employee offices, break rooms, bathrooms, etc. Zoning B-2 Growth Policy Regional Commercial and Services Parcel Size 3.67 acres Overlay District(s) None Street Address 2535 Honor Lane, Bozeman, MT 59718 Legal Description Lot 1 & Lot 2, Situated in the SE 1/4 of Section 26, Township 1 South, Range 5 East, P.M.M City of Bozeman, County of Gallatin, State of Montana Owner Don Cape, Jr., VC Development, LLC, 1276 N. 15th Avenue, Suite 104, Bozeman, MT 59715, dcape@jwtcompanies.com Applicant Don Cape, Jr., Spirited Holdings, Inc, 1276 N. 15th Avenue, Suite 104, Bozeman, MT 59715, dcape@jwtcompanies.com Representative Jennifer Dunn, A&E Design, 428 East Mendenhall Street, Bozeman, MT 59715, jdunn@ae.design Staff Planner Nakeisha Lyon Engineer Mikaela Schultz, Lance Lehigh Noticing Public Comment Period Site Posted Adjacent Owners Mailed Newspaper Legal Ad 3/18/2022 – 04/01/2022 03/18/2022 03/18/2022 N/A Advisory Boards Board Date Recommendation Development Review Committee 07/07/2021 Inadequate for Further Review Development Review Committee 10/06/2021 Inadequate for Further Review Development Review Committee 11/24/2021 Inadequate for Further Review Development Review Committee 01/28/2022 Adequate for Further Review Design Review Board 10/13/2021 Recommended approval of the application with submitted departures. Recommendation Sufficient for approval with conditions and code provisions. Decision Authority Director of Community Development or their designees Date: 04/04/2022 Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715 Staff Report Vance Thompson Vision Site Plan Application 21242 April 4, 2022 Page 2 of 17 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 Site Plan described in this report was conducted. The applicant proposed to the City of Bozeman a Site Plan (SP) to permit an approximately 56,065 square foot three story vision clinic, ambulatory surgery center, and Lasik center for Vance Thompson Vision located within the Catron Crossing Commercial Subdivision. This SP includes associated infrastructure improvements pertaining parking, stormwater, and landscaping. The purposes of the 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 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 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 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 4th day of April, 2022, Anna Bentley, Interim Director of Community Development, or her designees, approved with conditions and code provisions this 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 Vance Thompson Vision Site Plan Application 21242 April 4, 2022 Page 3 of 17 CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. Additional conditions of approval and code corrections are required and will be included with the final report provided to the Director of Community Development. Recommended Conditions of Approval: 1. Conditional approval of concurrent construction is pending final correspondence from Fire Marshall Scott Mueller. The review engineer will reach out to him directly the week of 2-7-22 to confirm. Please coordinate with review engineer on this item and the irrevocable offer of dedication to receive final concurrent construction approval. Building permits will not be issued prior to concurrent construction approval. 2. Please submit an executed irrevocable offer of dedication. CODE PROVISIONS Code provisions must be addressed prior to building permit approval or concurrent construction as denoted below: 1. Sec. 38.100.080. Compliance with regulations required. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. Sec. 38.230.160 - Reuse, change in use or further development of sites. A Modification to the Master Site Plan must be reviewed and approved prior to the approval of any building permit related to this Site Plan. 3. Sec. 38.270.060 - Improvements Agreements - Required elements and process for improvements agreements. Any associated public improvements previously guaranteed in relation to the Catron Crossings Master Site Plan must be completed prior to the approval of any building permit related to this Site Plan. 4. Sec. 38.550.040. The landscape plans need to show utilities, hydrants, streetlights, and vision triangles prior to review by the Forestry Division. 5. Sec. 16.05.330. The minimum tree-to-tree spacing is 30' for chosen species. Please adjust spacing or omit encroaching trees from the landscape plans. ADVISORY COMMENTS: These comments may be addressed prior to building permit approval or must be addressed in future applications. 1. General: A tenant improvement permit through the Building Division will be required for the third floor upon occupancy of the office spaces based on the currently configuration of the space. 2. Release & Reconveyance of Stormwater and Public Utility Easement: A hard copy of this document was received and found adequate. It will be forwarded on to the commission for final approval and filing with the city clerk. Staff Report Vance Thompson Vision Site Plan Application 21242 April 4, 2022 Page 4 of 17 Figure 1: Zoning Map Staff Report Vance Thompson Vision Site Plan Application 21242 April 4, 2022 Page 5 of 17 Figure 2: Future Land Use Map Staff Report Vance Thompson Vision Site Plan Application 21242 April 4, 2022 Page 6 of 17 Figure 3: Proposed Site Plan Staff Report Vance Thompson Vision Site Plan Application 21242 April 4, 2022 Page 7 of 17 Figure 4: Proposed Landscaping Plan Staff Report Vance Thompson Vision Site Plan Application 21242 April 4, 2022 Page 8 of 17 Staff Report Vance Thompson Vision Site Plan Application 21242 April 4, 2022 Page 9 of 17 Figures 5 - 8: Elevations Staff Report Vance Thompson Vision Site Plan Application 21242 April 4, 2022 Page 10 of 17 Figure 9: Material Palette Staff Report Vance Thompson Vision Site Plan Review Application 21242 April 4, 2022 Page 11 of 17 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 Regional Commercial and Services Yes Zoning B-2 (Community Business District) Yes Comments: The uses as denoted within the SP 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 SP. The proposed uses of the site are consistent with the allowed uses of the B-2 district. No specific conflicts identified. Additional steps will be required including but not limited to the approval of building permits. 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? Site Plan Yes Submittal requirements 38.220.100 Yes Phasing of development 38.230.020.B No. of phases: NA N/A Comments: The application meets all the site plan submittal material requirements. Applicable conditions of approval and code provisions applicable to this SP are denoted above and must be met prior to building permit approval, concurrent construction, if applicable, or otherwise as indicated accordingly for each listed condition or provision. The SP is not proposed to be a phased project. Any additional development such as an expansion may require an amendment to this approved SP or a new SP applicable to that area based on the met thresholds of applicability denoted in Sec. 38.230.160. Any additional use permit (Conditional Use Permit) 38.230.120 or (Special use Permit) 38.230.120 N/A Comments: N/A Staff Report Vance Thompson Vision Site Plan Review Application 21242 April 4, 2022 Page 12 of 17 5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code? Permitted uses 38.310 Medical and dental offices, clinics and center, office Yes Form and intensity standards 38.320 Zoning: B-2 Setbacks (feet) Structures Parking / Loading Yes Front 25 feet – Block Frontage 25 feet – Block Frontage Rear 10 feet 8 feet or reduced to as low as 0 feet with parking arrangement Side 5 feet 8 feet or reduced to as low as 0 feet with parking arrangement Alley N/A N/A Comments: The proposed setbacks meet all B-2 zone district standards with a 25’ front setback off East Valley Center Road, 10’ rear setback off Honor Lane, and a 5’ setback on the west and east sides of the subject property boundaries. The proposed building intersects an existing lot line between Lots 1 & 2, a utility easement, storm drain and storm manhole. In order to address the applicable form and intensity standards, and pursue a release and reconveyance of the 30’ easement denoted within this area, a subdivision exemption (21-333) has been submitted, approved, and associated mylars recorded in order to aggregate the two lots. There is a 10’ public access easement running north-south along the western property boundary of Lot 1, and a 30’ public utility easement running north-south to the east of the previously mentioned public access easement. There is a 30’ public access and trail easement running along East Valley Center Road. A 30’ shared access easement for Lots 2 & 3 and 10’ public utility easement runs along the southeastern boundary of the property. A 30’ and 50’ watercourse setback exists along the northeastern property line in which overlaps with the 30’ public trail easement which contains a 10’ pedestrian trail. Front setbacks for parking areas are set forth by the block frontage standards. The applicable standard for the parking lot is Gateway block frontage, which requires a 25’ front setback that is being met. The side and rear setbacks for parking areas are 8 feet, and can be reduced to as low as 0 feet with a coordinated parking arrangement per note 16 of Sec. 38.320.050. The proposed development is in conformance with these applicable setback standards. Lot coverage 13% Allowed 100% Yes Building height 50’ building height 54’ to 56’ inclusion of roof top mechanical screening 60’ inclusion of stairwell/elevator Allowed 50’ with roof pitch <3:12 60’ with roof pitch > 3:12 Height exceptions denoted in Note 7.a. Yes Comments: The peak of the flat roof is at approximately 50’ in height. The B-2 zoning district has a height exception, which denotes that the maximum height may be increased by up to a maximum of 50 percent when the zoning district is implementing a regional commercial and services growth policy land use designation. This is the underlying future land use for the property and therefore, the maximum height of the building height could have increased to 75’. The overall height of the building is in conformance with the zoning district regulations. Applicable zone specific or overlay standards 38.330-40 N/A Comments: N/A Staff Report Vance Thompson Vision Site Plan Review Application 21242 April 4, 2022 Page 13 of 17 General land use standards and requirements 38.350 Yes Comments: There are two proposed height encroachments, one for elevator and stairs tower which is proposed at a height of 60, and another for sections of the roof top mechanical equipment screening which is 4’ feet in height as an extension of the parapet wall. Sec. 38.350.050.D. denotes allowable height exceptions for parapet walls extending no more than four feet above the limiting height of the building, as well as elevator and stair penthouses that have no linear dimension exceeding 50 percent of the corresponding street frontage line. Roof top mechanical equipment screening in excess of 4 feet would fall under the maximum building height increase from 50’ to 75’ 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 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: A traffic impact study was provided that was deemed sufficient by the City’s Engineering Department. Sidewalks 38.400.080 Yes Comments: City standard sidewalks are proposed along Honor Lane. A 10’ asphalt trail is proposed along the western boundary running north-south and a proposed 10’ trail through the watercourse setback along East Valley Center Road. Drive access 38.400.090 Access to site: 2 Yes Fire lanes, curbs, signage and striping Yes Comments: Vehicular access is provided off Honor Lane. 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) have been included as a condition of approval within this staff report. 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. The proposed 10’ asphalt trail running adjacent to East Valley Center Road on the northeastern property boundary is a proposed trail on the PROST plan. 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. The applicability of provisions related to Sec. 38.410.020 were reviewed during the applicable platting process associated with the overall Catron Crossings Subdivision which was waived since this is a commercial subdivision. Lot and block standards 38.410.030-040 Yes Midblock crossing: rights of way for pedestrians alternative block delineation N/A Staff Report Vance Thompson Vision Site Plan Review Application 21242 April 4, 2022 Page 14 of 17 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 the overall Catron Crossings Subdivision. 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: Requirements for municipal infrastructure have been reviewed by the Engineering Department 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. Municipal infrastructure requirements 38.410.070 Yes Comments: Municipal infrastructure requirements is not under the purview of the DRB. The final analysis of this will be with the final staff report; however, applicable conditions and code provisions related to the above-mentioned requirements may be included in this staff report. Requirements for municipal infrastructure have been reviewed by the Bozeman Engineering Department for functionality and compliance with adopted standards. Grading & drainage 38.410.080 Yes Location, design and capacity of stormwater facilities Yes Stormwater maintenance plan N/A 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 Bozeman Engineering Department 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 Watercourse setback 38.410.100 Yes Watercourse setback planting plan 38.410.100.2.f Yes 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 SP application is a commercial development, and does not trigger parkland dedication, which was reviewed for applicability during the platting process associated with the overall Catron Crossings Subdivision. 7a. Conformance with Article 5 – Project Design: Block Frontage Standards (38.510) Meets Code? Block frontage classification Mixed – Honor Lane Gateway – East Valley Center Road Yes Departure criteria N/A N/A Staff Report Vance Thompson Vision Site Plan Review Application 21242 April 4, 2022 Page 15 of 17 Comments: The proposed SP meets the requirements denoted within the “Mixed” block frontage for Honor Lane and “Gateway” block frontage for East Valley Center Road provisions in BMC 38.510. 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 Yes 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 proposed public sidewalk and shared use pathway system along Honor Lane and East Valley Center 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 Yes Internal roadway design 38.520.050.D Yes Comments: Requirements of BMC 38.520 such as design of vehicular circulation systems and internal roadway design were previously reviewed for conformance and satisfied, if necessary, as part of the platting process for the Catron Crossings Subdivision. On-site open space 38.520.060 Yes Total required 2% 3,197 sf Total provided 5% 7,605 sf Comments: Usable commercial open space is required for this proposed development equaling at least two percent of the site area. 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 SP 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 No, departure request denoted below Comments: The building design standards with Sec. 38.530 have been reviewed for conformance and satisfied within this SP application. Departure: Sec. 38.530.070.C. Blank wall treatments: The applicant sought a departure from the blank wall treatment provisions of the blank wall treatment provisions of the BMC as it relates to their western façade. Staff acknowledges the departure request for the blank wall treatment on the western façade. However, the design and treatments do not meet the intent of the BMC. Though the ACP panels and variety of colors from the other materials along this façade, and the south, west, and north facades may provide an interest to the pedestrian view, the intent of the blank wall is to specifically address large areas of wall without any transparency or design elements. This is not addressed on the facades and areas listed above nor based on the departure request. Though the interior program to the 2nd story of the western Staff Report Vance Thompson Vision Site Plan Review Application 21242 April 4, 2022 Page 16 of 17 7d. Conformance with Article 5 – Parking (38.540) Meets Code? Parking requirements 38.540.050 Yes Parking requirements residential 38.540.050.A.1 N/A Reductions residential 38.540.050.A.1.b N/A Parking requirements nonresidential 38.540.050.A.2 102 Reductions nonresidential 38.540.050.A.2.c N/A Provided off-street 105 Provided on-street N/A Bicycle parking 38.540.050.A.4 12 Comments: Parking meets minimum requirements with required spaces for the medical/dental offices, clinics, and centers use on the 1st and 2nd floors and office use on the 3rd floor. For the 1st and 2nd levels, the requirement is 4 spaces per each full-time equivalent doctor or dentist, plus 1 space for each full time equipment employee as it pertains to the medical/dental offices, clinic, and centers. For the 3rd floor, the office use is utilized which requires 1 space per 250 sf of floor area. The applicant utilized the 0.85 traditional factor for this calculation. In total, 102 parking stalls are required. The applicant has provided 105 parking stalls. This is within the 125% maximum threshold for parking stalls provided on site which would be 128 parking stalls. The applicant has provided the required 10% bicycle spaces per the BMC, with 12 bicycle spaces included near the entrances of the building. 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: There are no proposed loading berths for within this SP application. 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 Yes Acceptable landscape materials Yes Protection of landscape areas Yes Irrigation: plan, water source, system type Yes Residential adjacency N/A Comments: Requirements of BMC 38.550 for landscaping have been reviewed for conformance and satisfied within this SP application. Landscaping of public lands 38.550.070 N/A Comments: There are no public lands on site. façade is a locker room, clerestory windows could be incorporate within the design for light access into these spaces. Additionally, if the intent of the 3rd story is for office spaces, windows and other design articulations could be incorporate on this portion of the façade to address the blank wall provisions. On October 13, 2021, The Design Review Board (DRB) reviewed this application with the inclusion of the departure and recommended approval, 5 – 0. The DRB finds that the design and justification as presented by the applicant meets the departure criteria. The Board supported this request as this area of the façade served to soften the view from the other facades which have a variety of materials and colors that provide an interest to the pedestrian and vehicular view. Staff Report Vance Thompson Vision Site Plan Review Application 21242 April 4, 2022 Page 17 of 17 7f. Conformance with Article 5 – Signs (38.560) Meets Code? Allowed SF/building 38.560.060 400 sf per lot Yes Proposed SF/building 324 sf for the one building Yes Comments: A maximum 400 square feet per lot is allowed in the B-2 district. The proposed wall signage meets the provisions of BMC 38.560, however, any signage indicated within this SP application is not approved for installation. All signage 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 Yes Building-mounted lighting (supports, cutoff, footcandles, temperature) 38.570.040.B Yes Comments: Lighting has been proposed within this application and is in conformance with Sec. 38.570. 8. Conformance with Article 6 – Natural Resource Protection Meets Code? Floodplain regulations 38.600 N/A Wetland regulations 38.610 N/A Comments: Requirements of BMC 38.600 and 38.610 for floodplain and wetland regulations were previously reviewed for conformance and satisfied as part of the platting process for the Catron Crossings Subdivision. During the subdivision and platting process, the applicant provided a Flood Hazard Evaluation/Hydraulic Design Report for the relocation of the Catron Stream Ditch which had little to no impact on the floodplains and the subdivision. No impacts to flood plains were identified during the subdivision process. Surface waters on the property include the riparian wetland fringe associated with Catron Creek. Catron Creek flows parallel with the eastern boundary of the subdivision. Supplemental information was provided showing location the wetland and waterways. All buildable lots with waterways display a wetland boundary and 50 foot water course setback in which there can be no infrastructure construction. A separate stormwater lot is dedicated on the northern portion of the subdivision. Applicable reports and Section 404 Joint Application were provided with the application. No impacts to surface waters are 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 on March 18, 2022 to April 1, 2022 following adequacy of this SP application. The property posting and mailing to adjacent owners occurred on March 18, 2022. No public comments were received. 10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code? Subdivision exemptions Yes Required easements Yes Comments: In order to address the applicable form and intensity standards, and pursue a release and reconveyance of the 30’ easement denoted between Lots 1 and 2, a subdivision exemption has been submitted, approved, and associated mylars recorded in order to aggregate the two lots per application 21333.