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HomeMy WebLinkAbout22321 CC Staff report Staff Report 5th and Main Residences Site Plan/CCOA Application 22321 April 18, 2023 Page 1 of 17 Application No. 22321 Type Site Plan, Commercial Certificate of Appropriateness, Demolition, Deviation Project Name 5th and Main Residences Decision Type Consent (Quasi-judicial) Summary Site plan and commercial certificate of appropriateness application to construct a six-story mixed-use building with 121 residential units and 2000 square feet of retail space. There is a deviation request from 38.320.050 to allow for a portion of the footprint to extend into the alley setback, which is 5-feet. There is a departure request from 38.400.100 to allow the building to encroach into the vision triangle at 5th and Main. There are three existing buildings that will be demolished, two, which are considered contributing, and one which is non-contributing. The property is not located within a historic district but is located within the Neighborhood Conservation Overlay District. The property is zoned B-3. Zoning B-3 Growth Policy Community Commercial Mixed Use Parcel Size 31,363 SF Overlay District(s) Neighborhood Conservation Overlay District Street Address 421 Main Street, Bozeman, MT 59715 Legal Description Tracys 1st ADD, S12, T02 S, R05 E, Block De, Lot 18-21, Tracys 1st ADD, S12, T02 S, R05 E, Block D, Lot 14 and 15, City of Bozeman, Gallatin County, Montana. Owner Reuter Walton Development, 4450 Exclesior Blvd, Suite 400, St. Louis Park, MN 55416 Applicant SMA Architects, 109 E. Oak Street, Suite 2E, Bozeman, MT 59715 Representative Same as applicant Staff Planner Sarah Rosenberg Engineer Cody Flammond Noticing Public Comment Period Site Posted Adjacent Owners Mailed Newspaper Legal Ad 4/10-5/2/2023 4/10/2023 4/10/2023 4/15, 4/29/2023 Advisory Boards Board Date Recommendation Development Review Committee April 3, 2023 Adequate Community Development Board (Design Review Board) April 17, 2023 Approval Recommendation The application is adequate, conforms to standards, and is sufficient for approval with conditions and code provisions as noted below. Decision Authority City Commission Date: May 2, 2023 at 6:00pm in the City Commission Room at 121 N. Rouse Avenue Motion Having reviewed and considered the application materials, public comment, and all the information presented, I hereby find application 22321 meets the criteria required for site plan and commercial certificate of appropriateness approval and move to approve the 5th and Main Residences Site Plan and Commercial Certificate of Appropriateness application with a deviation request from 38.320.050 to allow for a portion of the footprint to extend into the alley setback which is 5-feet. Full application: https://weblink.bozeman.net/WebLink/Browse.aspx?startid=269415&cr=1 Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715 Staff Report 5th and Main Residences Site Plan/CCOA Application 22321 April 18, 2023 Page 2 of 17 PROJECT SUMMARY An applicant has applied for a Site Plan (SP) and Commercial Certificate of Appropriateness (CCOA) application to build a six story, 172,768 square feet mixed use building with 121 residential units, commercial space on the ground floor, and a parking garage. The project proposes to demolish three structures, two considered contributing the Neighborhood Conservation Overlay District (NCOD), and one is non-contributing. The contributing structures, the former Bamboo Express and Genuine Ice Cream are vacant. The property is zoned B-3 and is not located in a historic district. This application includes a deviation request to allow a portion of the north elevation to encroach into the alley setback, which is 5 feet. It also includes a departure request to allow encroachment into the vision triangle for a portion of the building at 5th Avenue and Main Street. Staff supports both the deviation and departure request. The Community Development Board in its capacity as the Design Review Board (DRB) reviewed the application on April 17, 2023. Two members of the public provided comment in support of the project. The DRB gave input to the applicant requesting more bicycle parking provided, the ground floor accommodate more commercial space, more articulation added to the east wall elevation, and the alley be activated. The DRB also supports the deviation and departure request. The applicant made a comment that they will consider the DRB comments and work with staff. Due to the deviation request from BMC 38.320.050 to allow a portion of the north elevation to encroach into the alley setback, exceeds the 20% threshold, the application requires City Commission approval per 38.200.010.A.1.h. The approval would be to grant the deviation request and approve the site plan and CCOA application with conditions of approval and code provisions. The City Commission is set to review the application at its May 2, 2023 meeting. This application will be on the consent agenda since deviations are purely a local creation and does not require a public hearing. CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. 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 (BMC) or State law. 2. BMC 38.540.060. A proof of allowance to use the parking lot to the north is required prior to final site plan approval. CODE PROVISIONS 1. BMC 38.410.130 - The applicant must pay the Cash-in-lieu of Water Rights (CILWR) prior to final site plan approval. 2. BMC 38.420.030 - The applicant must pay the Cash-in-lieu of Parkland (CILP) prior to final site plan approval. 3. BMC 38.240.350 - A subdivision exemption application is required for the lot merger. It must be filed prior to final site plan approval. 4. BMC 38.340.120 – Historic inventory documentation for 407 W. Main is required prior to final site plan approval. 5. BMC 38.220.080 - Prior to final site plan approval, the applicant must provide a copy of the recorded Waiver of Right to Protest Creation of a Special Improvements District. 6. BMC 38.410.060- Prior to final site plan approval, the applicant must provide a signed hard copy of the public access easement for the sidewalk proposed on the subject property. The easement must be provided using the City's standard easement template. 7. BMC 38.270.030.D - The applicant has applied for concurrent construction of the proposed building and the required sanitary sewer improvements. Prior to building permit approval, the required sanitary sewer improvements must be installed and accepted or the applicant must meet all the requirements for concurrent construction in BMC 38.270.030.D. Staff Report 5th and Main Residences Site Plan/CCOA Application 22321 April 18, 2023 Page 3 of 17 Figure 1: Current Zoning Map Staff Report 5th and Main Residences Site Plan/CCOA Application 22321 April 18, 2023 Page 4 of 17 Figure 2: Community Plan Future Land Use Staff Report 5th and Main Residences Site Plan/CCOA Application 22321 April 18, 2023 Page 5 of 17 Figure 3: Proposed site plan Staff Report 5th and Main Residences Site Plan/CCOA Application 22321 April 18, 2023 Page 6 of 17 Figure 4: 5’ Alley setback deviation request (area highlighted in blue) Staff Report 5th and Main Residences Site Plan/CCOA Application 22321 April 18, 2023 Page 7 of 17 Figure 5-8: Elevations Staff Report 5th and Main Residences Site Plan/CCOA Application 22321 April 18, 2023 Page 8 of 17 Staff Report 5th and Main Residences Site Plan/CCOA Application 22321 April 18, 2023 Page 9 of 17 Figure 9: Existing Conditions Staff Report 5th and Main Residences Site Plan/CCOA Application 22321 April 18, 2023 Page 10 of 17 ANALYSIS AND FINDINGS Analysis and resulting recommendations 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 Traditional Core Yes Zoning B-3 (Downtown Business District) Yes Comments: Growth Policy: Traditional Core: The traditional core of Bozeman is Downtown. This area exemplifies high quality urban design including an active streetscape supported by a mix of uses on multiple floors, a high level of walkability, and a rich architectural and local character. Additionally, essential government services and flexible spaces for events and festivals support opportunities for civic and social engagement. The intensity of development in this district is high with a Floor Area Ratio (FAR) well over 1. As Bozeman grows, continued evolution is necessary for long-term resilience. Challenges do exist, particularly around keeping local identity intact, balancing growth sensitively, and welcoming more transportation modes and residents. Underdevelopment and a lack of flexibility can threaten the viability of the land use designation. Future development should be intense while providing areas of transition to adjacent neighborhoods and preserving the character of the Main Street Historic District through context-sensitive development. The proposal supports infill with high intensity of development and mix of uses. The future development is more intense than what is existing with a FAR over 5. The design, materials, and solid-to-void ratio emulate similar characteristics of what is in the downtown core. Zoning District: Downtown Business District: The intent of the downtown B-3 business district is to provide a central area for the community's business, government service and cultural activities with urban residential development as an essential supporting use. The downtown B-3 district should be the area of greatest density of development, intensity of use, and appropriate infill. Design standards reinforcing the area's historical pedestrian-oriented context are very important. This district encourages high volume, pedestrian-oriented uses in ground floor space in the "core area" of the city's central business district, i.e., along Main Street from Grand to Rouse and to the alleys one-half block north and south from Main Street. Lower volume pedestrian uses such as professional offices may locate on ground floor space in the downtown B-3 area outside the above-defined core. The six story mixed use building supports urban residential development and provides supporting commercial uses. 2. Conformance with Article 1 - All other applicable laws, ordinances, and regulations (38.100.080) Condominium ownership NA Comments: The residential units will be rentals. 3. Conformance with Article 2, including the cessation of any current violations (38.200.160) Meets Code? Current Violations NA Comments: There are no current violations on the subject property Staff Report 5th and Main Residences Site Plan/CCOA Application 22321 April 18, 2023 Page 11 of 17 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: 1 Yes Comments: The site plan criteria are met with this project. The proposal conforms to zoning provisions, community design provisions, and project design provisions. See analysis below for how each criteria is met in the articles Any additional use permit (Conditional Use Permit) 38.230.120 or (Special use Permit) 38.230.120 NA Comments: The use is allowed by right and no CUP or SUP is required. 5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code? Permitted uses 38.310 Mixed use – apartments and commercial, parking garage Yes Form and intensity standards 38.320 Zoning: Setbacks (feet) Structures Parking / Loading Yes Front Refer to block frontage under Section 7a Refer to block frontage under Section 7a Rear 0’ 0’ Side 0’ 0’ Alley 5’ 5’ Comments: The proposed setbacks meet the minimum requirements except for a portion of the north elevation that encroaches into the alley setback, which requires a deviation request from 38.320.050. The portion of the elevation that protrudes into the alley setback is about 125 feet or roughly 58% of the total wall plane. This is to accommodate for the parking garage and to provide adequate circulation within it. See section 12 for full analysis of the deviation request. The first floor is commercial space, residential amenities, and a parking garage. There is also underground parking. The residential units are located on the second to sixth floor and make up 121 units. Lot coverage 76% Allowed: 100% Yes Building height 69’-6” Allowed: 70’ Yes Comments: The roof maintains a flat pitch. The building is six stories and the top floor steps back at the top level on Main Street and to the east. Applicable zone specific or overlay standards 38.330-40 Yes Comments: The property is located within the Neighborhood Conservation Overlay District (NCOD). See section 11 and 12 below for full analysis. General land use standards and requirements 38.350 Yes Comments: The proposal is consistent with the land use standards and criteria. Applicable supplemental use criteria 38.360 Yes Supplemental uses/type NA Comments: There are no additional uses within this section that are proposed with the project. Wireless facilities 38.370 NA Affordable Housing 38.380.010 NA Affordable housing plan NA Comments: No affordable housing or wireless facilities are proposed with this site plan. Staff Report 5th and Main Residences Site Plan/CCOA Application 22321 April 18, 2023 Page 12 of 17 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 NA Access easements Yes, with code provision Level of Service 38.400.060 Yes Transportation grid adequate to serve site Yes Comments: A traffic memorandum was provided to the Engineering Division who determined the findings of the study to be adequate for the proposed use. Sidewalks 38.400.080 Yes Comments: Sidewalks are required along all public roads and the aged sidewalks along West Babcock and South 9th Avenue will be replaced. Drive access 38.400.090 Access to site: 1 Yes Fire lanes, curbs, signage and striping Yes Comments: Vehicular access is provided off an alley via North 5th Avenue. Fire lanes, curbing, striping, signage and gutters have been reviewed and approved by the Fire Department and Engineering Division. Street vision triangle 38.400.100 Yes with departure Transportation pathways 38.400.110 Yes Pedestrian access easements for shared use pathways and similar transportation facilities NA Public transportation 38.400.120 NA Comments: The applicant requested a departure from the street vision triangle to allow for encroachment of the southwest corner of the building on 5th and Main. Engineering and Montana Department of Transportation reviewed the departure request and determined that it is appropriate due to the traffic signal and the urban route classification of Main Street. There are no applicable pathways or transportation facilities. No additional public transportation stops are proposed with this project. 6b. Conformance with Article 4 – Community Design Provisions: Community Design and Elements (38.410) Meets Code? Neighborhood centers 38.410.020 NA Comments: Based on the size of the project, a neighborhood center is not required. Lot and block standards 38.410.030-040 NA Midblock crossing: rights of way for pedestrians alternative block delineation NA Comments: The lots exist and meet standards. A subdivision exemption is required to merge the lots. 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 NA 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 rights (CILWR) Yes, with code requirement Comments: A Water, Sewer, and Storm Design Report was prepared by TD&H Engineering and approved by the City for the proposed project. The sewer main will be upgraded as well as the water and fire service line. The CILWR is required to be paid prior to final site approval. Municipal infrastructure requirements 38.410.070 Yes Staff Report 5th and Main Residences Site Plan/CCOA Application 22321 April 18, 2023 Page 13 of 17 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. 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 NA Comments: A Stormwater Plan was prepared by TD&H and found adequate by the Engineering Division. The proposed storm water management system consists of rooftop landscaping and drains, parking garage surfaces/drains, sand/oil separator, and floor drain sewer ejector pump. Watercourse setback 38.410.100 NA Watercourse setback planting plan 38.410.100.2.f NA Comments: There is no watercourse on the property. 6c. Conformance with Article 4 – Community Design Provisions: Park and Recreation Requirements (38.420) Meets Code? Parkland requirements 38.420.020.A .865 ac. X 12 units/ac. X 0.03 ac.= .31 acres = 11,325 SF Yes Cash donation in lieu (CIL) 38.420.030 $2.30 per 1 SF (7841 SF) = $18,035 Yes Improvements in-lieu NA Comments: The applicant is proposing cash in lieu (CIL) of parkland. Pursuant to section 38.420.030.A, the review authority may determine whether the park dedication must be a land dedication, cash donation in-lieu of land dedication or a combination of both. The Parks and Recreation Director reviewed the criteria for evaluation of requests, as established per Resolution 4784, for use of CIL of parkland and concurred with the justification provided by the applicant. Due to the relatively small lot size and number of units proposed and the aim to create consolidated parkland of 1-acre or larger as established in the Parks, Recreation, Open Space and Trails Plan, staff recommends approval of the CILP proposal. This CIL is required to be paid prior to final plan approval per code requirement. Park Frontage 38.420.060 NA Park development 38.420.080 NA Recreation pathways 38.420.110 NA Park/Recreational area design NA Comments: Project is proposing CIL of parkland. This contribution must be paid to the City prior to final site plan approval. 7a. Conformance with Article 5 – Project Design: Block Frontage Standards (38.510) Meets Code? Block frontage classification Storefront Yes Departure criteria None NA Comments: Main Street and North 5th Avenue are mixed block frontage. The applicant has proposed storefront along both. Storefront Block Frontage: The building is placed right along the property line of Main Street and 7 feet back from the property line along 5th Avenue to accommodate for the larger sidewalk. The uses along it include commercial space and residential amenities. Façade transparency, building entrances, weather protection, parking location and sidewalk meet the storefront block frontage standards. 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 Staff Report 5th and Main Residences Site Plan/CCOA Application 22321 April 18, 2023 Page 14 of 17 7d. Conformance with Article 5 – Parking (38.540) Meets Code? Parking requirements 38.540.050 121 Yes Parking requirements residential 38.540.050.A.1 121 Reductions residential 38.540.050.A.1.b NA Parking requirements nonresidential 38.540.050.A.2 NA Reductions nonresidential 38.540.050.A.2.c 3000 sf of non-residential is not included Provided off-street 138 Provided on-street 9 Bicycle parking 38.540.050.A.4 12 required, 36 proposed Comments: There is parking garage underground and on the first floor. The underground parking has 66 spaces and the first level has 60 spaces. There are 12 parking spaces on the parking lot north of the property and nine on the street. Bicycle parking is located in a bicycle amenity room and along the street. Loading and uploading area requirements 38.540.080 NA First berth – minimum 70 feet length, 12 feet in width, 14 feet in height NA Additional berth – minimum 45 feet length NA Comments: NA 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 NA 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 38.520.040 Yes Comments: The proposed development conforms to requirements of Section 38.520. The sidewalk along Main Street is 13’ and 12’ along 5th Avenue. 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 38.520.050 Yes Internal roadway design 38.520.050.D NA Comments: Requirements of BMC 38.520 such as design of vehicular circulation systems were reviewed by the Engineering Department and found adequate. Vehicular access to the parking garage is taken from the alley to the north. On-site open space 38.520.060 Yes Total required 13,650 SF Yes Total provided 14,620 SF Yes Comments: This proposal meets the open space criteria. Shared open space includes two roof decks, an exterior courtyard, common indoor recreation space. Units that face inward to the courtyard have individual balconies. Location and design of service areas and mechanical equipment 38.520.070 Yes Comments: The service areas are located to provide safe and convenient use along the alley. 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 proposed building meets the massing and articulation requirements. The proposed design implements a variety of architectural features to achieve “repetition by variety” including building articulation, change in materials, use of weather protection features, and change in window size and placement. Staff Report 5th and Main Residences Site Plan/CCOA Application 22321 April 18, 2023 Page 15 of 17 Additional screening NA Street frontage Yes Street median island NA Acceptable landscape materials Yes Protection of landscape areas Yes Irrigation: plan, water source, system type Yes Residential adjacency Yes Comments: The project has been reviewed and found to be in conformance with the landscaping requirements, including, but not limited to, minimum drought tolerant species proposed, street frontage landscaping, and acceptable landscape materials proposed. Street trees are along Main Street and 5th Avenue. Landscaping of public lands 38.550.070 NA Comments: NA 7f. Conformance with Article 5 – Signs (38.560) Meets Code? Allowed SF/building 38.560.060 NA Proposed SF/building NA Comments: No signs are proposed with the site plan. A sign permit will be required prior to any signs installed. 7g. Conformance with Article 5 – Lighting (38.560) 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: The project proposes wall mount lighting that is full cut off. There is no measurable lighting proposed that leaves the site. The project lighting is found to be sufficient and meets code. 8. Conformance with Article 6 – Natural Resource Protection Meets Code? Floodplain regulations 38.600 NA Wetland regulations 38.610 NA Comments: NA 9. Relevant Comment from Affected Parties (38.220) Meets Code? Public Comment Yes Comments: The public notice period runs from April 10 to May 2. Two public comments were received at the DRB meeting in support of the project. 10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code? Subdivision exemptions Code provision Required easements Code provision Comments: A subdivision exemption is required for the merger of the lots prior to final site plan approval. 11. Standards for Certificate of Appropriateness (38.340) Meets Code? Certificate of appropriateness standards Yes Secretary of the Interiors Standards NA Architectural appearance 38.340.050 Yes Comments: The proposed project is located within the NCOD but is not within a historic district. This means that the project must address the standards of 38.340.040 and the Bozeman Guidelines for Historic Preservation and the Neighborhood Conservation Overlay District for new construction and subchapter 4B for infill development in the B-3 zone. Review of demolition of historic structures or sites 38.340.080 Yes Historic Structure per 38.700.090 Yes Staff Report 5th and Main Residences Site Plan/CCOA Application 22321 April 18, 2023 Page 16 of 17 Comments: The proposed project includes demolition of three structures. 421 W. Main (former Bamboo Garden) and 411 W. Main (former Genuine Ice Cream) are contributing structures and eligible for the National Register of Historic Places. 407 W. Main (office space) is not eligible but requires an updated inventory form as outlined in code provision. Approval of the proposed subsequent development is required for all historic structures proposed for demolition and for the proposed movement of any structure of site 38.340.090. Yes Public Notice Yes Criteria for demolition of a historic structure Yes 1. The property’s historic significance. 421 and 411 W. Main are eligible structures. Yes 2. Whether the structure has no viable economic life remaining. The existing structures are not appropriate for the underlying B-3 zone district. Yes 3. Whether the subsequent development complies with Section 38.340.050 (standards for certificates of appropriateness). The subsequent development meets design standards. Yes 4. Whether the subsequent development includes construction of new building(s) unless the existing character of the area does not include buildings. The proposal includes new construction. Yes 5. Subsequent development requires a building permit and does not include proposals, which leave the site without building(s) or structure(s). The proposal will not leave the site vacant. Yes Notwithstanding the above, for projects proposing the removal of a historic structure, which do not qualify for sketch plan review pursuant to 38.230.070, the review authority may determine the proposed subsequent site development is more appropriate for the site based upon the criteria in 38.230.100 (plan review criteria). Yes Comments: Structures cannot be demolished until the site plan and building permit for the subsequent development is approved. Since the property is zoned as B-3, the subsequent development is more appropriate for the site and zone district, will leave the site with a new infill building, and will not result in a vacant site. The Director of Community Development determines that the proposed subsequent site development is more appropriate for the site than the existing building and use based on the criterial in 38.230.100. 12. Deviations from Underlying Zoning Requirements (38.340.070) Meets Code? Criteria for Granting Deviations Yes Comments: The deviation request is from 38.320.050 to allow encroachment into the 5-foot alley setback. There are three criteria for granting deviations from the underlying zoning requirement. 1. Modifications must be historically appropriate The portion of the elevation that protrudes into the alley setback is about 125 feet or roughly 58% of the total wall plane. Within the B-3 zone district, historically, many buildings abut the property line or encroach into the 5-foot setback. The existing structures that front the alley encroach into this setback. The intent of the B-3 zone district and Community Plan Future Land Use “traditional core” is to encourage high density that fits within the existing fabric of downtown. Staff finds that this criteria is met. 2. Modifications will have minimal adverse effects on abutting properties. As stated above, the entire wall plane is not encroaching into the alley setback. Meter locations and dumpster pads are located within the 5-foot setback. The Engineering Division, Fire Department, Solid Waste Division, and NorthWest Energy reviewed the alley width and find that there is still adequate alley width for vehicles to get through and the vision clearance triangle is not impacted at the intersection of 5th and the alley. There is an additional 10-foot easement to the north of the alley, which makes the alley 30’ wide. Snow storage will be located in the parking lot to the north of the property. Staff finds that this criteria is met. 3. Modifications must assure the protection of the public health, safety, and general welfare. The alley width and relocation of the utilities assure that there are no potential issues related to public health, safety and general welfare. The image below highlights the part of the building in blue that encroaches into the 5-foot setback. Staff Report 5th and Main Residences Site Plan/CCOA Application 22321 April 18, 2023 Page 17 of 17