CPED STAFF REPORT Prepared for the Zoning and Planning Committee

March 21, 2019 PLAN7758

LAND USE APPLICATION SUMMARY

Property Location: 4757 Ave Project Name: Hiawatha Ave Apartments Prepared By: Shanna Sether, Principal City Planner, (612) 673-2307 Applicant: DJR Architecture Project Contact: Scott Nelson Request: To construct a new mixed-use building with 75 dwelling units and ground-level retail. Required Applications: To increase the maximum height in the SH Shoreland Overlay District from Conditional Use 2 ½ stories, not to exceed 35 feet, to 6 stories, approximately 74 ft. 6 in., Permit measured to the top of the elevator and stair penthouse. For a mixed-use building with 75 dwelling units and 1,375 sq. ft. retail Site Plan Review space.

SITE DATA

C3A Community Activity Center District AP Airport Overlay District Existing Zoning PO Pedestrian Oriented Overlay District SH Shoreland Overlay District Lot Area 19,204 square feet / .44 acres Ward(s) 12 Neighborhood(s) Longfellow Community Council Designated Future Mixed Use Land Use Activity Center (46th Street LRT Station) Land Use Features Community Corridor (Hiawatha and Aves) Small Area Plan(s) 46th and Hiawatha Station Area Master Plan (2001)

Date Application Deemed Complete November 8, 2018 Date Extension Letter Sent November 21, 2018 Date Applicant Granted End of 60-Day Decision Period January 7, 2019 April 30, 2019 Extension To

Department of Community Planning and Economic Development PLAN7758

BACKGROUND

SITE DESCRIPTION AND PRESENT USE. The subject property is located adjacent to Nawadaha Blvd, on the frontage road along Hiawatha Ave and has been used as a restaurant with surface parking since the early 1960’s. The property is zoned C3A Community Activity Center District and is located within the 46th Street Transit Station Pedestrian Oriented Overlay District. The property is located within 300 feet of and is located within the SH Shoreland Overlay District. Finally, the site is also located in the AP Airport Overlay District, which limits the height for structures to 140 ft. without an additional MSP Airport Permit.

SURROUNDING PROPERTIES AND NEIGHBORHOOD. The property immediately to the north is a shopping center. There is an existing access easement over the northwest corner of the property to ensure access to the shopping center. The property to the west was formerly a BNSF rail line, and is presently owned by the City of – CPED department. The site is intended for residential redevelopment. The property is northwest of Minnehaha Local Historic District and Regional Park.

BACKGROUND. The applicant applied for land use applications to allow for a new six-story, multiple-family dwelling located at 4757 Hiawatha Ave. On December 3, 2018, the City Planning Commission denied applications for a conditional use permit to increase the maximum height for the proposed structure in the SH Shoreland Overlay District and site plan review, notwithstanding the staff recommendation (PLAN7758). A full summary of the actions are as follows: 7. Hiawatha Ave Apartments, 4757 Hiawatha Ave, Ward 12 A. Conditional use permit. Action: Notwithstanding staff recommendation, the City Planning Commission denied the conditional use permit to increase the maximum height in the SH Shoreland Overlay District from 2 ½ stories, not to exceed 35 feet, to 5 stories, not to exceed 70 feet to the top of the roof deck and 85 feet to the top of the stair and elevator tower, based on the following finding: 1. The proposed height does not meet the intent of the SH Shoreland Overlay District. 2. The proposed height would have a significant visual impact. Aye: Coleman, Cowgill, Ellison, and Rockwell Nay: Kronzer, Magrino, and Sweasy Absent: Brown and Schroeder C. Site plan review. Action: Notwithstanding staff recommendation, the City Planning Commission denied the site plan review for a new 85-unit, multiple-family dwelling, based on the following finding: 1. With denial of the conditional use permit application related to building height, the site plan review application cannot be approved as proposed. Aye: Coleman, Cowgill, Ellison, Kronzer, and Rockwell Nay: Magrino and Sweasy Absent: Brown and Schroeder The applicant appealed the decision of the City Planning Commission on December 13, 2018, denying the conditional use permit and site plan review applications. The Zoning and Planning Committee of the City

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Council considered the appeal on January 10, 2019, and recommended that the City Council deny the requested appeal. On January 18, 2019, the City Council referred the appeal back to the Zoning and Planning Committee meeting on January 24, 2019. The Zoning and Planning Committee postponed the appeal to the March 21, 2019, Zoning and Planning Committee to consider a revised project. The applicant extended the decision period on January 17, 2019, to April 30, 2019. UPDATED PROJECT DESCRIPTION. The applicant is proposing the following changes to the project located at 4757 Hiawatha Ave:

Previous Project Proposed Project

85-unit, multiple-family dwelling Mixed-use building with 1,375 sq. ft. retail space and 75 dwelling units (72 apartments and 3 condominiums)

Building height: Building height: • 70 ft. 9 in. to main parapet • 69 ft. 9 in. to main parapet/72 ft. 3 in. to • 76 ft. 7 in. to the top of the roof-top the top parapet canopy • 68 ft. 4 in. to the top of the roof-top • 85 ft. to the top of the elevator canopy • 74 ft. 6 in. to the top of the elevator

6th Floor recessed 0-13 ft. from the front lot line 6th floor recessed 33.8-38.5 ft. from the front lot (facing Hiawatha Ave), 0-10 ft. from the corner lot line (facing Hiawatha Ave) and 24.9-31 ft. from line (facing Nawadaha) the corner lot line (facing Nawadaha)

66,770 sq. ft. of gross floor area 64,307 sq. ft. of gross floor area

14,483 sq. ft. building footprint 14,100 sq. ft. building footprint

Alternative compliance: Alternative compliance: • Building placement – staff recommended • Building placement – staff recommended granting alternative compliance. granting alternative compliance be granted. • Exterior materials (quantity exceeds 3) – staff is not recommending alternative compliance. • Windows vertical in proportion and evenly distributed - staff is not recommending alternative compliance be granted. • Active functions, including a parking garage – staff is recommending alternative compliance be granted. • Landscaping (quantity of canopy trees) - staff is not recommending alternative compliance be granted.

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PUBLIC COMMENTS. Public comments have been provided for the previous project. The applicant attended the Longfellow Community Council Neighborhood, Traffic and Development Committee on March 6, 2019, to present the revised development plans. Any additional correspondence received prior to the public hearing will be forwarded on to the City Council for consideration.

ANALYSIS

CONDITIONAL USE PERMIT The Department of Community Planning and Economic Development has analyzed the application to increase the maximum height in the SH Shoreland Overlay District based on the following findings:

1. The establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, comfort or general welfare. The maximum allowed height of a building in the C3A Community Activity Center District is 4 stories or 56 feet, whichever is less. However, the property is also located within 300 ft. of Minnehaha Creek and is within the SH Shoreland Overlay District, which reduces the maximum height to 2 ½ stories, not to exceed 35 ft. The staff recommendation to the Planning Commission was to allow for a structure no greater than 5 stories, 70 ft. measured to the top of the roof deck. The proposed building is 6 stories in height with a roof access that measures to approximately 69 ft. 9 in. to the main parapet, 72 ft. 3 in. to a portion of the 6th floor parapet wall, 68 ft. 4 in. to the top of the canopy and 74 ft. 6 in. to the elevator parapet. In addition, the applicant has set the 6th floor back from the previous proposal of 0-13 ft. to 33.8-38.5 ft. from the front lot line facing Hiawatha Ave and 0-10 ft. to 24.9-31 ft. from the corner lot line facing Nawadaha. This increased setback has made the upper floor is less visible from Minnehaha Creek. Therefore, staff finds that the proposed building height will not be detrimental to or endanger the public health, safety, comfort or general welfare, provided that the development complies with all applicable building codes.

2. The conditional use will not be injurious to the use and enjoyment of other property in the vicinity and will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. The surrounding area contains building heights of mostly 1 and 2 stories. The Capp development north of the site was approved at 5 stories, 70 ft. in 2017. Oaks Hiawatha, adjacent to the 46th St Station is 4 stories, 47 ft. tall. However, these projects were not located in the SH Overlay District, which restricts the maximum height to 2 ½ stories, not to exceed 35 ft. The applicant has provided context studies and views from the protected water. The proposed construction will be visible from Minnehaha Creek, but will appear consistent with the urban landscape. The staff recommendation to the Planning Commission was to allow for a structure no greater than 5 stories, 70 ft. measured to the top of the roof deck. The proposed building is 6 stories in height with a roof access that measures to approximately 69 ft. 9 in. to the main parapet, 72 ft. 3 in. to a portion of the 6th floor parapet wall, 68 ft. 4 in. to the top of the canopy and 74 ft. 6 in. to the elevator parapet. In addition, the applicant has set the 6th floor back from the previous proposal of 0-13 ft. 33.8-38.5 ft. from the front lot line facing Hiawatha Ave and 0-10 ft. to 24.9-31 ft. from the corner lot line facing Nawadaha and the upper floor is less visible from Minnehaha Creek. The applicant has provided shadow studies that show shadow impacts on the adjacent shopping center to the north, Dairy Queen to the east, the Longfellow House, a historic resource on the National Register of Historic Places, the Minnehaha Historic District to the south and low-density residential rear yards to the northeast, along Minnehaha Ave during various times of the year. Staff finds that the proposed height of six stories, 69 ft. 9 in. to the main parapet and 74 ft. 6 in. to the top of the elevator will not be injurious to the use and enjoyment of other

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property in the vicinity. The increased building height will not impede the normal or orderly development and improvement of surrounding property for uses permitted in the district.

3. Adequate utilities, access roads, drainage, necessary facilities or other measures, have been or will be provided. The increased building height will have no impact on utilities, access roads or drainage.

4. Adequate measures have been or will be taken to minimize traffic congestion in the public streets. Increasing the height of the proposed building will have no impact on traffic congestion in the public streets. The applicant is proposing to exceed the minimum off-street parking required for residential uses.

5. The conditional use is consistent with the applicable policies of the comprehensive plan. The proposed development would be consistent with the following general land use policies of The Minneapolis Plan for Sustainable Growth: Land Use Policy 1.3: Ensure that development plans incorporate appropriate transportation access and facilities, particularly for bicycle, pedestrian, and transit. 1.3.1 Require safe, convenient, and direct pedestrian connections between principal building entrances and the public right-of-way in all new development and, where practical, in conjunction with renovation and expansion of existing buildings. 1.3.2 Ensure the provision of high quality transit, bicycle, and pedestrian access to and within designated land use features. Land Use Policy 1.4: Develop and maintain strong and successful commercial and mixed use areas with a wide range of character and functions to serve the needs of current and future users. 1.4.1 Support a variety of commercial districts and corridors of varying size, intensity of development, mix of uses, and market served. 1.4.2 Promote standards that help make commercial districts and corridors desirable, viable, and distinctly urban, including: diversity of activity, safety for pedestrians, access to desirable goods and amenities, attractive streetscape elements, density and variety of uses to encourage walking, and architectural elements to add interest at the pedestrian level. 1.4.4 Continue to encourage principles of traditional urban design including site layout that screens off-street parking and loading, buildings that reinforce the street wall, principal entrances that face the public sidewalks, and windows that provide “eyes on the street”. Land Use Policy 1.5: Promote growth and encourage overall city vitality by directing new commercial and mixed use development to designated corridors and districts. 1.5.1 Support an appropriate mix of uses within a district or corridor with attention to surrounding uses, community needs and preferences, and availability of public facilities. Land Use Policy 1.12: Support Activity Centers by preserving the mix and intensity of land uses and by enhancing the design features that give each center its unique urban character.

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1.12.1 Encourage a variety of commercial and residential uses that generate activity all day long and into the evening. 1.12.3 Encourage active uses on the ground floor of buildings in Activity Centers. 1.12.8 Support district parking strategies in Activity Centers, including shared parking facilities with uniform signage, and other strategies. 1.12.9 Encourage architectural design, building massing and site plans to create or improve public and semi-public spaces in Activity Centers. 1.12.10 Encourage developments to incorporate climate sensitive site and building design practices. Land Use Policy 1.13: Support high density development near transit stations in ways that encourage transit use and contribute to interesting and vibrant places. 1.13.1 Encourage pedestrian-oriented services and retail uses as part of higher density development near transit stations. 1.13.3 Discourage uses that diminish the transit and pedestrian character of areas around transit stations, such as automobile services, surface parking lots, and drive-through facilities. 1.13.4 Encourage architectural design, building massing and site plans to create or improve public and semi-public spaces near the station. Housing Policy 3.1: Grow by increasing the supply of housing. 3.1.1 Support the development of new medium- and high-density housing in appropriate locations throughout the city. Housing Policy 3.2: Support housing density in locations that are well connected by transit, and are close to commercial, cultural and natural amenities. 3.2.1 Encourage and support housing development along commercial and community corridors, and in and near growth centers, activity centers, retail centers, transit station areas, and neighborhood commercial nodes. Urban Design Policy 10.9: Support urban design standards that emphasize traditional urban form with pedestrian scale design features at the street level in mixed-use and transit-oriented development. 10.9.1 Encourage both mixed-use buildings and a mix of uses in separate buildings where appropriate. 10.9.2 Promote building and site design that delineates between public and private spaces. 10.9.4 Coordinate site designs and public right-of-way improvements to provide adequate sidewalk space for pedestrian movement, street trees, landscaping, street furniture, sidewalk cafes and other elements of active pedestrian areas. Urban Design Policy 10.10: Support urban design standards that emphasize a traditional urban form in commercial areas. 10.10.1 Enhance the city's commercial districts by encouraging appropriate building forms and designs, historic preservation objectives, site plans that enhance the pedestrian environment, and by maintaining high quality four season public spaces and infrastructure.

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10.10.3 Enhance pedestrian and transit-oriented commercial districts with street furniture, street plantings, plazas, water features, public art and improved transit and pedestrian and bicycle amenities. 10.10.4 Orient new buildings to the street to foster safe and successful commercial nodes and corridors. 10.10.6 Require storefront window transparency to assure both natural surveillance and an inviting pedestrian experience. Urban Design Policy 10.11: Seek new commercial development that is attractive, functional and adds value to the physical environment. 10.11.2 Ensure that new commercial developments maximize compatibility with surrounding neighborhoods. 10.11.3 Continue to curb the inefficient use of land by regulating minimum height, setbacks, build-to lines and parking through master planning methods and zoning code regulations. 10.11.4 Maximize the year round potential for public transit, biking, and walking in new developments. Urban Design Policy 10.14: Encourage development that provides functional and attractive gathering spaces. 10.14.3 Encourage the creation of new parks and plazas. Urban Design Policy 10.16: Design streets and sidewalks to ensure safety, pedestrian comfort and aesthetic appeal. 10.16.1 Encourage wider sidewalks in commercial nodes, activity centers, along community and commercial corridors and in growth centers such as Downtown and the University of . 10.16.2 Provide streetscape amenities, including street furniture, trees, and landscaping, that buffer pedestrians from auto traffic, parking areas, and winter elements. 10.16.3 Integrate placement of street furniture and fixtures, including landscaping and lighting, to serve a function and not obstruct pedestrian pathways and pedestrian flows. 10.16.4 Employ pedestrian-friendly features along streets, including street trees and landscaped boulevards that add interest and beauty while also managing storm water, appropriate lane widths, raised intersections, and high-visibility crosswalks. Urban Design Policy 10.17: Provide sufficient lighting to reflect community character, provide a comfortable environment in a northern city and promote environmentally friendly lighting systems. 10.17.1 Provide high-quality lighting fixture designs that are appropriate to street types and land use, and that provide pedestrian friendly illumination, but minimize glare and dark sky conditions, and other unnecessary light pollution. 10.17.3 Encourage pedestrian scale lighting throughout neighborhoods as well as in areas such as waterfronts, pathways, parks and plazas, and designated historic districts. 10.17.4 Ensure that all site lighting requirements and directional signs have appropriate illumination levels to comply with zoning and industry illumination standards.

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10.17.5 Integrate exterior building lighting design to attune with building designs and landscaping. 10.17.6 Provide sufficient lighting for better way-finding and safe circulation within and around a development. 10.17.7 Encourage additional pedestrian-scale, exterior lighting in growth centers, activity centers, commercial nodes, pedestrian overlay districts and transit station areas.

The 46th Street Station Area Plan, adopted in 2001, provides specific guidance for this site. The plan supports mixed-use development at the subject property. In 2012, a supplementary Transit-Oriented Development (TOD) strategy was also completed which provides further guidance for the 46th Street station area and more specific analysis of the potential development of this property, a key redevelopment site integral to transforming the overall area into a mixed-use neighborhood center. The supplement TOD strategy now calls for residential at the property. The strategy vision for the area is to establish a pedestrian-friendly and sustainable neighborhood center that is conveniently connected with the LRT station and provides new multi-family housing choices, retail services, and an improved physical environment. The supplement specifically calls for extending Snelling Avenue adjacent to the site. 46th Street between Minnehaha Avenue and the LRT Station as well as the Snelling Avenue extension is proposed to serve as a Destination Main Street that supports vibrant pedestrian-friendly mixed-use development in the core of the neighborhood center. The plan also includes recommendations for a linear park/greenway along the Soo Line Corridor, which could provide a pedestrian and bicycle connection from Minnehaha Park to 46th Street and enhanced vegetation. The property is located within the “Park View” district, which includes the southwesterly portion of the “superblock” bounded by 46th Street, Minnehaha Avenue, Nawadaha Avenue, and Hiawatha Avenue. The property is within proximity to Minnehaha Park, the future Town Square retail district, and the nearby light rail station. The Plan ideally suits the Park View district for a unique mix of residential redevelopment types. The Plan emphasizes that this district’s “[p]roximity to Minnehaha Park and greater insulation from arterial streets and traffic will enable this portion of the change area to attain a mix of higher value multifamily ownership and rental housing development while providing convenient access to the LRT station and nearby retail services. Urban and transit-oriented residential densities will be accommodated by a mix of multifamily buildings that may orient to a new “spine” street and greenway connecting the mixed-use core at 46th Street and Snelling with Nawadaha Avenue and Minnehaha Park to the south. Parallel to the local street will be a proposed greenway with stormwater infiltration basins, native plantings, pedestrian and bike trails, and consolidated high voltage transmission poles that will be located in the current railroad right-of-way. The greenway will serve as an amenity for residents of the townhomes, apartments, and condominiums located along this linear corridor.” According to the TOD Strategy Consensus Plan, the site is guided for residential in a 4-story building.

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The supplement TOD plan shows three concepts for a redevelopment scenario of the super block, including the subject property. The redevelopment scenario is referred to as the Town Square Opportunity Site which aims to achieve a pedestrian oriented, mixed-use neighborhood center, connected by transit. One of the sites within the Town Square Opportunity Site, The Capp, was recently developed at 46th St E and Snelling Ave. Dairy Queen, also located within the Opportunity Site, was reconstructed in 2009.

The staff recommendation to the Planning Commission was to allow for a structure no greater than 5 stories, 70 ft. The proposed building is 6 stories in height with a roof access that measures to approximately 69 ft. 9 in. In addition, the applicant has set the 6th floor back from the previous proposal of 0-13 ft. to 34.5-38.5 ft. from the front lot line facing Hiawatha Ave and 0-10 ft. to 24.9-31 ft. from the corner lot line facing Nawadaha and the upper floor is less visible from Minnehaha Creek. Therefore, staff finds that the proposed building height is consistent with the applicable policies of the comprehensive plan.

6. The conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located. If the requested land use applications are approved, the proposal will comply with all provisions of C3A District. Additional Standards to Increase Maximum Height In addition to the conditional use permit standards, the City Council shall consider, but not be limited to, the following factors when determining the maximum height of principal structures in commercial districts:

1. Access to light and air of surrounding properties. The surrounding area contains a range from 2 - 5-story building heights. The recent redevelopments in the area have been to allow new residential buildings between 4-5 stories in height. The property is setback a significant distance to existing residential uses and the greatest impacts will be to the adjacent shopping center to the north. Staff finds that increasing the height of the building to 5 stories, 69 ft. 9 in. (roof deck) / 74 ft. 6 in. (stair and elevator tower), should not negatively impact the access to light and air for surrounding properties.

2. Shadowing of residential properties, significant public spaces, or existing solar energy systems.

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The surrounding area contains building heights of mostly 1 and 2 stories. The property is also adjacent to the Minnehaha Regional Park, which is to the south and east of the property. The applicant has provided shadow studies that show shadow impacts on the adjacent shopping center to the north, Dairy Queen to the east, the Longfellow House, a historic resource on the National Register of Historic Places, the Minnehaha Historic District and Regional Park to the south and low-density residential rear yards to the northeast, along Minnehaha Ave during various times of the year. According to permit records, there are no existing solar energy systems in the immediate area. Staff finds that the reduced building height or 69 ft. 9 in. and the increased 6th floor setback from Hiawatha and Nawadaha will reduce shadowing of adjacent properties and public spaces.

3. The scale and character of surrounding uses. The surrounding area contains building heights of mostly 1 and 2 stories. The Capp development north of the site was approved at 5 stories, 70 ft. in 2017. Oaks Hiawatha, adjacent to the 46th St Station is 4 stories, 47 ft. tall. However, these projects were not located in the SH Overlay District, which restricts the maximum height to 2 ½ stories, not to exceed 35 ft. The applicant has provided context studies and views from the protected water. The proposed construction will be visible from Minnehaha Creek, but will appear consistent with the urban landscape. The staff recommendation to the Planning Commission was to allow for a structure no greater than 5 stories, 70 ft. measured to the top of the roof deck. The proposed building is 6 stories in height with a roof access that measures to approximately 69 ft. 9 in. to the main parapet, 72 ft. 3 in. to a portion of the 6th floor parapet wall, 68 ft. 4 in. to the top of the canopy and 74 ft. 6 in. to the elevator parapet. In addition, the applicant has set the 6th floor back from the previous proposal of 0-13 ft. 33.8-38.5 ft. from the front lot line facing Hiawatha Ave and 0-10 ft. to 24.9-31 ft. from the corner lot line facing Nawadaha and the upper floor is less visible from Minnehaha Creek. The applicant has provided shadow studies that show shadow impacts on the adjacent shopping center to the north, Dairy Queen to the east, the Longfellow House, a historic resource on the National Register of Historic Places, the Minnehaha Historic District to the south and low-density residential rear yards to the northeast, along Minnehaha Ave during various times of the year. Staff finds that the proposed height of six stories, 69 ft. 9 in. and 74 ft. 6 in. to the top of the elevator will be consistent with the scale and character of recent development in the area.

4. Preservation of views of landmark buildings, significant open spaces or water bodies. The surrounding area contains building heights of mostly 1 and 2 stories. The Capp development north of the site was approved at 5 stories, 70 ft. in 2017. Oaks Hiawatha, adjacent to the 46th St Station is 4 stories, 47 ft. tall. However, these projects were not located in the SH Overlay District, which restricts the maximum height to 2 ½ stories, not to exceed 35 ft. The applicant has provided context studies and views from the protected water. The proposed construction will be visible from Minnehaha Creek, but will appear consistent with the urban landscape. The staff recommendation to the Planning Commission was to allow for a structure no greater than 5 stories, 70 ft. to the roof parapet and 85 ft. to the top of the elevator. The proposed building is 6 stories in height with a roof access that measures to approximately 69 ft. 9 in. to the main parapet, 72 ft. 3 in. to a portion of the 6th floor parapet wall, 68 ft. 4 in. to the top of the canopy and 74 ft. 6 in. to the elevator parapet. In addition, the applicant has set the 6th floor back from the previous proposal of 0-13 ft. 33.8-38.5 ft. from the front lot line facing Hiawatha Ave and 0-10 ft. to 24.9-31 ft. from the corner lot line facing Nawadaha and the upper floor is less visible from Minnehaha Creek. Additional Standards for Conditional Use Permits within the SH Shoreland Overlay District In addition, the City Council shall consider, but not be limited to, the following factors when considering conditional use permit or variance requests within the SH Shoreland Overlay District:

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1. The prevention of soil erosion or other possible pollution of public waters, both during and after construction. The applicant has provided an erosion control plan showing protection of the site and nearby catch basins to prevent runoff and sediment being carried off-site and impacting Minnehaha Creek. The plan also shows that the site will be stabilized after construction with a combination of hardscape and landscape improvements to prevent possible pollution of public waters.

2. Limiting the visibility of structures and other development from protected waters. The proposed structure at 6 stories, 69 ft. 9 in. is visible from Minnehaha Creek as evidenced by the applicant’s context studies and perspective views. This portion of Minnehaha Creek is located within a dense urban environment, the proposed height will be consistent with recent development in the surrounding area.

3. The suitability of the protected water to safely accommodate the types, uses and numbers of watercraft that the development may generate. The subject property does not have direct access to Minnehaha Creek.

SITE PLAN REVIEW The Department of Community Planning and Economic Development has analyzed the application based on the required findings and applicable standards in the site plan review chapter:

Applicable Standards of Chapter 530, Site Plan Review

BUILDING PLACEMENT AND DESIGN

Building placement – Requires alternative compliance • The first floor of the building is not located within eight feet of the front lot line or corner lot line abutting Nawadaha Blvd and Hiawatha Ave. The building is setback between 1 ft. and 18 ft. along Nawadaha Blvd and between 1 ft. and 90 ft. 6 in. along Hiawatha Ave, where the building is setback to accommodate a driveway to the parking on-site and the required drive easement to the property to the north. A variance was approved and alternative compliance is also required to allow portions of the building to be set back more than 8 feet from the property lines adjacent to Hiawatha Ave and Nawadaha Blvd. The City Planning Commission approved the variance and staff recommends granting alternative compliance due to the irregular shape of the parcel and the existing access easement required to provide access over the subject property to the property to the north. • The placement of the building reinforces the street wall, maximizes natural surveillance and visibility, and facilitates pedestrian access and circulation. • The area between the building and lot line includes landscaping. • All on-site accessory parking is located within the principal building served, or entirely below grade.

Principal entrances – Meets requirements • The building is oriented so that at least one principal entrance faces the front property line. The front lot line is Hiawatha Ave and a principal entrance access the enclosed parking area. There are three additional entries facing Nawadaha. • All principal entrances are clearly defined and emphasized through the use of pre-finished metal awnings.

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Visual interest – Meets requirements • The building walls provide architectural detail and contain windows in order to create visual interest. • The proposed building emphasizes architectural elements – including recesses, projections, windows, and entries – to divide the building into smaller identifiable sections. • There are no blank, uninterrupted walls exceeding 25 feet in length.

Exterior materials – Requires alternative compliance • The applicant is proposing Hardie lap siding, 5/8” Nichiha siding (wood-like), 5/8” cementitious panel and brick as the building’s primary exterior materials. Each elevation would comply with the City’s durability standards for exterior materials (see Table 1). Please note that exterior material changes at a later date may require review by the Planning Commission and an amendment to the site plan review. • The proposed project is inconsistent with the City’s policy of allowing no more than three exterior materials per elevation, excluding windows, doors, and foundation materials. The applicant is meeting the required percentages, but exceeds the quantity of materials per façade. This requires alternative compliance. Staff is recommending that the applicant reduce the number of materials to comply with this standard. • Plain face concrete block is not proposed along any public streets, sidewalks, or adjacent to a residence or office residence district. • The exterior materials and appearance of the rear and side walls of the building are similar to and compatible with the front of the building.

Table 1. Percentage of Exterior Materials per Elevation Allowed Material Max North South East West Brick (face) 100% 6% 5% 6% 8% Glass 100% 26% 46% 28% 30% Fiber Cement Panel (≥ 5/8”) 75% 27% 24% 40% 31% Fiber Cement Siding (≥ 5/8”) 75% 21% 23% 8% 17.5% Fiber Cement (≤ 5/8”) 30% 20% 2% 18% 12.5%

Windows – Meets requirements • For residential uses, the zoning code requires that no less than 20 percent of the walls on the first floor, and no less than ten percent of the walls on each floor above the first that face a public street, public sidewalk, public pathway, or on-site parking lot, shall be windows. The project is in compliance with the minimum window requirement (see Table 2). • For nonresidential uses, the zoning code requires that no less than 30 percent of the walls on the first floor are windows with clear or lightly tinted glass with a visible light transmittance ratio of six- tenths (0.6) or higher. In addition, at least 40 percent of the first floor façade of a nonresidential use facing a public street or sidewalk is required to be windows or doors with clear or tinted glass in the Pedestrian Oriented Overlay District. The project is in compliance with the minimum window requirement (see • Table 3). • All windows are vertical in proportion and are evenly distributed along the building walls, with the exception of the first floor. The applicant is seeking alternative compliance and staff is

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recommending that the applicant provide windows vertical in proportion and in a similar window pattern and location as the floors above.

Table 2. Window Requirements for Residential Uses Code Proposed 1st floor – facing 20% minimum 114 sq. ft. 22% 125 sq. ft. Hiawatha Ave 2nd floor and above – 10% minimum 123 sq. ft. 33% 407 sq. ft. facing Hiawatha Ave 1st floor – facing 20% minimum 195 sq. ft. 40% 390 sq. ft. Nawadaha Blvd 2nd floor and above – facing Nawadaha 10% minimum 134 sq. ft. 31% 417 sq. ft. Blvd

Table 3. Window Requirements for Non-Residential Uses Code Proposed 1st floor – facing 40% minimum 180 sq. ft. 68% 306 sq. ft. Hiawatha Ave 1st floor – facing 40% minimum 132 sq. ft. 60% 192 sq. ft. Nawadaha

Ground floor active functions – Requires alternative compliance • The ground floor facing Hiawatha Ave contains 55 percent (55 feet) active functions. This requires alternative compliance. At least 70 percent of the first floor building frontage facing the public street, public sidewalk, or public walkway must contain active functions. The applicant would be required to provide an additional 21 ft. of active functions along Hiawatha Ave, which would prohibit the parking on the first floor of the structure because the drive aisle would be eliminated. Staff finds that the applicant has insufficient room to provide an additional 15 feet (60 percent) of active functions considering the site constraints and the irregular shaped parcel. There are 100 percent active functions facing Nawadaha Blvd. Therefore, staff is recommending alternative compliance.

Roof line – Meets requirements • The principal roof line of the building will be flat, which is similar to that of surrounding buildings.

Parking garages – Requires alternative compliance • The proposed parking garage does not comply with the minimum ground floor active functions requirements facing Hiawatha Ave. The ground floor facing Hiawatha Ave contains 55 percent (55 feet) active functions. This requires alternative compliance. At least 70 percent of the first floor building frontage facing the public street, public sidewalk, or public walkway must contain active functions. The applicant would be required to provide an additional 21 ft. of active functions along Hiawatha Ave, which would prohibit the parking on the first floor of the structure because the drive aisle would be eliminated. Staff finds that the applicant has insufficient room to provide an additional 15 feet (60 percent) of active functions considering the site constraints and the irregular shaped

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parcel. There are 100 percent active functions facing Nawadaha Blvd. Therefore, staff is recommending alternative compliance. • Vehicles and internal garage lighting would be screened as viewed from the public right-of-way and nearby properties. • The applicant is proposing exterior materials that would cover and diminish the visibility of any sloping floor.

ACCESS AND CIRCULATION

Pedestrian access – Meets requirements • There are clear and well-lit walkways at least four feet in width connecting building entrances to the adjacent public sidewalk and on-site parking facilities.

Transit access – Not applicable • No transit shelters are proposed as part of this development.

Vehicular access – Meets requirements • Vehicular access and circulation has been designed to minimize conflicts with pedestrian traffic and with surrounding residential uses. • Curb cuts have been consolidated. • There are no public alleys adjacent to the site. • Service vehicle access does not conflict with pedestrian traffic. • There is no maximum impervious surface requirement in the C3A zoning district. According to the materials submitted by the applicant, 91 percent of the site will be impervious, while 100 percent of the existing site is impervious.

LANDSCAPING AND SCREENING

General landscaping and screening – Requires alternative compliance • The overall composition and location of landscaped areas complement the scale of development and its surroundings. • At least 20 percent of the site not occupied by the building is landscaped. The applicant is proposing approximately 1,707 square feet of landscaping on site, or approximately 36 percent of the site not occupied by buildings (see Table 4). • The applicant is not proposing at least one canopy tree per 500 square feet of the required landscaped area, including all required landscaped yards. The tree requirement for the site is 3 and the applicant is proposing a total of 2 trees. Staff is recommending that the applicant comply with the minimum number of canopy trees. • The applicant is proposing at least one shrub per 100 square feet of the required landscaped area, including all required landscaped yards. The shrub requirement for the site is 11 and the applicant is proposing 44 shrubs. • The remainder of the required landscaped area is covered with turf grass, native grasses, perennial flowering plants, vines, shrubs and other trees.

Table 4. Landscaping and Screening Requirements Code Proposed Lot Area -- 19,204 sq. ft.

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Building Footprint -- 14,100 sq. ft. Remaining Lot Area -- 5,104 sq. ft. Landscaping Required 1,021 sq. ft. 1,707 sq. ft. Canopy Trees (1:500 sq. ft.) 3 trees 2 trees Shrubs (1:100 sq. ft.) 11 shrubs 44 shrubs

Parking and loading landscaping and screening – Not applicable • There is no surface parking proposed for the site, so the site in not subject to the screening and landscaping requirements for parking areas per section 530.170.

Additional landscaping requirements – Meets requirements • Information included in the landscape plan indicates that the plant materials, and installation and maintenance of the plant materials, would comply with sections 530.200 and 530.210 of the zoning code. • All other areas not occupied by buildings, parking and loading facilities, or driveways would be covered with turf grass, native grasses, perennials, wood mulch, shrubs, and trees.

ADDITIONAL STANDARDS

Concrete curbs and wheel stops – Not applicable • There are no surface parking spaces proposed on the site.

Site context – Requires conditional use permit • There are important elements of the city, including a local historic district, a registered landmark on the National Register of Historic Places, a regional park and a protected water body near the site. Staff has analyzed the proposed building height through the conditional use permit and is recommending approval. • The reduced building height in the revised proposal should have less shadowing effects on public spaces and adjacent properties. • This building has been designed to minimize the generation of wind currents at ground level.

Crime prevention through environmental design – Meets requirements • The site plan employs best practices to increase natural surveillance and visibility, to control and guide movement on the site, and to distinguish between public and non-public spaces. • The proposed site, landscaping, and buildings promote natural observation and maximize the opportunities for people to observe adjacent spaces and public sidewalks. • The project provides lighting on site, at all building entrances, and along walkways that maintains a minimum acceptable level of security while not creating glare or excessive lighting of the site. • The landscaping, sidewalks, lighting, fencing, and building features are located to clearly guide pedestrian movement on or through the site and to control and restrict people to appropriate locations. • The entrances, exits, signs, fencing, landscaping, and lighting are located to distinguish between public and private areas, to control access, and to guide people coming to and going from the site.

Historic preservation – Not applicable

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• This site is neither historically designated or located in a designated historic district, nor has it been determined to be eligible for designation.

Applicable Regulations of the Zoning Ordinance

The proposed use is permitted in the C3A District.

Off-street Parking and Loading – Meets requirements with Conditions of Approval • The off-street vehicle parking requirement is met, the applicant is proposing 63 parking stalls, where 37 are required (see Table 5). • The minimum bicycle parking requirement is met; the applicant is proposing 95 long-term bicycle parking spaces, were 42 are required (see Table 6). The applicant is also required to provide a minimum of 3 off-street bicycle spaces where 50% are required to meet the short-term bicycle parking requirements in section 541.180(1) of the zoning code. Staff is recommending compliance with the minimum bicycle parking and location requirements for the proposed retail tenant. • There is no minimum off-street loading requirement for the proposed mixed-use building (see Table 7).

Table 5. Vehicle Parking Requirements Per Use (Chapter 541) Overall Maximum Use Minimum Reductions Minimum Allowed Proposed Transit Residential 75 Incentives 37 -- 60 Dwellings (38) PO Retail 4 Reduction 3 7 3 (1) Total 79 (39) 40 7 63

Table 6. Bicycle Parking Requirements (Chapter 541) Use Minimum Short-Term Long-Term Proposed 95 long-term Residential Not less than 42 -- bicycle parking Dwellings 90% spaces 4 bicycle Retail 4 -- -- parking spaces

Table 7. Loading Requirements (Chapter 541) Use Loading Requirement Loading Spaces Proposed Residential None None Dwellings Retail (1,375 sq. None None ft.)

Building Bulk and Height – Requires conditional use permit

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• The 46th Street Transit Station PO Overlay District requires a minimum FAR of 1.0. The density bonuses in the PO district increase from 20% to 30%; therefore, the maximum FAR allowed is 3.51 for the proposed project. The applicant is seeking a conditional use permit to increase the maximum height in the SH Overlay District (see Table 8):

Table 8. Building Bulk and Height Requirements Code Bonuses Total Proposed 19,204 sq. ft. Lot Area ------/ .44 acres Gross Floor Area ------64,307 sq. ft. Min. Floor Area Ratio 1.0 -- -- 3.48 + 0.81 for enclosed Max. Floor Area Ratio 2.7 3.51 3.34 parking

6 stories, 69 2 ½ stories, ft. 9 in. (main Max. Building Height not to exceed roof parapet) 35 ft. and 74 ft. 6 in. (elevator)

Lot and Residential Unit Requirements – Meets requirements • The lot and residential unit requirements are met for the proposed project (see Table 9).

Table 9. Lot and Residential Unit Requirements Summary Code Proposed Min. Lot Area 5,000 sq. ft. 19,204 sq. ft. Min. Lot Width 40 ft. 127.73 ft. Max. Impervious Surface Area -- 91% Max. Lot Coverage % 75% Dwelling Units (DU) -- 75 DUs Density (DU/acre) -- 170 DU/acre

Yard Requirements – Not applicable • There are no yard requirements for the subject property.

Signs – Meets requirements • All signs are subject to Chapter 543, On-Premise Signs. The applicant will be required to submit a separate sign permit application for any signage that is proposed.

Screening of Mechanical Equipment – Meets requirements with Conditions of Approval • All mechanical equipment is subject to the screening requirements of Chapter 535 and district requirements, including:

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535.70. Screening of mechanical equipment. a) In general. All mechanical equipment installed on or adjacent to structures shall be arranged so as to minimize visual impact using one (1) of the following methods. All screening shall be kept in good repair and in a proper state of maintenance. 1) Screened by another structure. Mechanical equipment installed on or adjacent to a structure may be screened by a fence, wall or similar structure. Such screening structure shall comply with the following standards: a. The required screening shall be permanently attached to the structure or the ground and shall conform to all applicable building Codes. b. The required screening shall be constructed with materials that are architecturally compatible with the structure. c. Off-premise advertising signs and billboards shall not be considered required screening. b) Screened by vegetation. Mechanical equipment installed adjacent to the structure served may be screened by hedges, bushes or similar vegetation. c) Screened by the structure it serves. Mechanical equipment on or adjacent to a structure may be screened by a parapet or wall of sufficient height, built as an integral part of the structure. d) Designed as an integral part of the structure. If screening is impractical, mechanical equipment may be designed so that it is balanced and integrated with respect to the design of the building. e) Exceptions. The following mechanical equipment shall be exempt from the screening requirements of this section: 1) Minor equipment not exceeding one (1) foot in height. 2) Mechanical equipment accessory to a single or two-family dwelling. 3) Mechanical equipment located in an I2 or I3 District not less than three hundred (300) feet from a residence or office residence district. • The applicant is proposing to have two new transformers located between the building and the front lot line along Hiawatha Ave. Staff is recommending that the applicant screen the transformers from view per section 535.70 of the zoning code.

Refuse Screening – Meets requirements • All refuse and recycling storage containers are subject to the screening requirements in Chapter 535: 535.80. Screening of refuse and recycling storage containers. Refuse, recycling storage, and compost containers shall be enclosed on all four (4) sides by screening compatible with the principal structure not less than two (2) feet higher than the refuse container or shall be otherwise effectively screened from the street, adjacent residential uses located in a residence or office residence district and adjacent permitted or conditional residential uses. Single and two-family dwellings and multiple-family dwellings of three (3) and four (4) units shall not be governed by this provision. • All refuse and recycling storage containers are located within the building.

Lighting – Meets requirements with Conditions of Approval • Existing and proposed lighting must comply with Chapter 535 and Chapter 541 of the zoning code, including: 535.590. Lighting.

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a) In general. No use or structure shall be operated or occupied as to create light or glare in such an amount or to such a degree or intensity as to constitute a hazardous condition, or as to unreasonably interfere with the use and enjoyment of property by any person of normal sensitivities, or otherwise as to create a public nuisance. b) Specific standards. All uses shall comply with the following standards except as otherwise provided in this section: 1) Lighting fixtures shall be effectively arranged so as not to directly or indirectly cause illumination or glare in excess of one-half (1/2) footcandle measured at the closest property line of any permitted or conditional residential use, and five (5) footcandles measured at the street curb line or nonresidential property line nearest the light source. 2) Lighting fixtures shall not exceed two thousand (2,000) lumens (equivalent to a one hundred fifty (150) watt incandescent bulb) unless of a cutoff type that shields the light source from an observer at the closest property line of any permitted or conditional residential use. 3) Lighting shall not create a sensation of brightness that is substantially greater than ambient lighting conditions as to cause annoyance, discomfort or decreased visual performance or visibility to a person of normal sensitivities when viewed from any permitted or conditional residential use. 4) Lighting shall not create a hazard for vehicular or pedestrian traffic. 5) Lighting of building facades or roofs shall be located, aimed and shielded so that light is directed only onto the facade or roof. • The applicant has not provided a lighting plan. Staff is recommending that the applicant provide a lighting plan showing compliance with section 535.590 of the zoning code.

Fences – Not applicable • Fences must comply with the requirements in Chapter 535. The applicant is not proposing fencing for the project.

Specific Development Standards – Meets requirements • The applicant’s proposal meets the specific development standards for a multiple-family dwelling in Chapter 536.

Overlay District Standards – Requires conditional use permit and variance • The proposal is in compliance with the AP Overlay District standards. • The proposal requires a variance of to allow the building to be located greater than 8 ft. from the front and corner property lines in the PO Overlay District. The City Planning Commission approved this variance on December 3, 2018. • The proposal requires a conditional use permit to increase the maximum height from 2 ½ stories, not to exceed 35 feet in SH Overlay District.

Applicable Policies of the Comprehensive Plan

The Minneapolis Plan for Sustainable Growth identifies the site as mixed-use on the future land use map. The project was reviewed for compliance with the comprehensive plan in Finding #5 for the Conditional Use Permit.

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Applicable Development Plans or Objectives Adopted by the City Council

The site is located within the boundaries of the 46th Street Station Area Plan, adopted in 2001, which provides specific guidance for this site. The plan supports mixed-use development at the subject property. In 2012, a supplementary Transit-Oriented Development (TOD) strategy was also completed which provides further guidance for the 46th Street station area and more specific analysis of the potential development of this property, a key redevelopment site integral to transforming the overall area into a mixed-use neighborhood center. Staff has analyzed consistence with the Plan and TOD strategy in Finding #5 for the Conditional Use Permit.

Alternative Compliance

The City Council or zoning administrator may approve alternatives to any site plan review requirement upon finding that the project meets one of three criteria required for alternative compliance. Alternative compliance is requested for the following requirements: • Building placement. The first floor of the building is not located within eight feet of the front lot line or corner lot line abutting Nawadaha Blvd and Hiawatha Ave. The building is setback between 1 ft. and 18 ft. along Nawadaha Blvd and between 1 ft. and 90 ft. 6 in. along Hiawatha Ave, where the building is setback to accommodate a driveway to the parking on-site and the required drive easement to the property to the north. The applicant was granted a variance of the PO Standards and is requesting alternative compliance to allow the building to be setback greater than 8 ft. Staff is recommending approval of the variance and granting alternative compliance due to the irregular shape of the parcel and the existing access easement required to provide access over the subject property to the property to the north. • Exterior materials (quantity per elevation): The proposed project is inconsistent with the City’s policy of allowing no more than three exterior materials per elevation, excluding windows, doors, and foundation materials. The applicant is meeting the required percentages, but exceeds the quantity of materials on all four elevations elevation. Staff is recommending that the applicant reduce the number of materials to comply with this standard. • Windows vertical in proportion: All windows are vertical in proportion and are evenly distributed along the building walls, with the exception of the first floor. The applicant is seeking alternative compliance and staff is recommending that the applicant provide vertical windows, in a similar pattern and location as the floors above. • Ground floor active functions. The ground floor facing Hiawatha Ave contains 55 percent (55 feet) active functions. This requires alternative compliance. At least 70 percent of the first floor building frontage facing the public street, public sidewalk, or public walkway must contain active functions. The applicant would be required to provide an additional 21 ft. of active functions along Hiawatha Ave, which would prohibit the parking on the first floor of the structure because the drive aisle would be eliminated. Staff finds that the applicant has insufficient room to provide an additional 15 feet (60 percent) of active functions considering the site constraints and the irregular shaped parcel. There are 100 percent active functions facing Nawadaha Blvd. Therefore, staff is recommending alternative compliance. • Parking garage active functions. The proposed parking garage does not comply with the minimum ground floor active functions requirements facing Hiawatha Ave. The ground floor facing Hiawatha Ave contains 55 percent (55 feet) active functions. This requires alternative compliance. At least 70 percent of the first floor building frontage facing the public street, public sidewalk, or public walkway must contain active functions. The applicant would be required to provide an additional 21 ft. of active functions along Hiawatha Ave, which would prohibit the parking on the first floor of the

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structure because the drive aisle would be eliminated. Staff finds that the applicant has insufficient room to provide an additional 15 feet (60 percent) of active functions considering the site constraints and the irregular shaped parcel. There are 100 percent active functions facing Nawadaha Blvd. Therefore, staff is recommending alternative compliance. • Canopy trees. The applicant is not proposing at least one canopy tree per 500 square feet of the required landscaped area, including all required landscaped yards. The tree requirement for the site is 3 and the applicant is proposing a total of 2 trees. Staff is recommending that the applicant comply with the minimum number of canopy trees.

RECOMMENDATIONS

The Department of Community Planning and Economic Development recommends that the City Council adopt staff findings for the applications by DJR Architecture for the property located at 4757 Hiawatha Ave: A. Conditional Use Permit to increase the height of the building in the SH Shoreland Overlay District. Recommended motion: Approve the conditional use permit to increase the maximum height in the SH Shoreland Overlay District from 2 ½ stories, not to exceed 35 feet, to 5 stories, not to exceed 70 feet to the top of the roof deck and canopy and 74 feet 6 inches to the top of the elevator parapet, subject to the following condition: 1. The conditional use permit shall be recorded with Hennepin County as required by Minn. Stat. 462.3595, subd. 4 before building permits may be issued or before the use or activity requiring a conditional use permit may commence. Unless extended by the zoning administrator, the conditional use permit shall expire if it is not recorded within two years of approval. 2. The 6th floor shall be recessed a minimum of 30 feet from the front lot line facing Hiawatha Ave. 3. The 6th floor shall be recessed a minimum of 24 feet 11 inches from the corner lot line facing Nawadaha Blvd. B. Site Plan Review. Recommended motion: Approve the site plan review for a new mixed-use building, including 75 multiple-family dwellings, subject to the following conditions: 1. All site improvements shall be completed by March 29, 2021, unless extended by the Zoning Administrator, or the permit may be revoked for non-compliance. 2. CPED staff shall review and approve the final site, elevation, landscaping, and lighting plans before building permits may be issued. 3. The plant materials, and installation and maintenance of the plant materials, shall comply with sections 530.200 and 530.210 of the zoning code. 4. All windows shall be vertical in proportion and evenly distributed. 5. The applicant shall revise the exterior materials and provide no more than three consistent materials on all four sides of the building and meet the standards set in Table 1. Percentage of Exterior Materials per Elevation. 6. The applicant shall provide at least one canopy tree for every 500-sq. ft. of required landscaped yard.

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7. The applicant shall provide a minimum of four, off-street bicycle parking spaces, which meet the short-term bicycle parking requirements for the proposed retail use. 8. All mechanical equipment be shown on the site plan and screened as required by section 535.70 of the zoning code. 9. The applicant shall provide a lighting plan showing compliance with section 535.590 of the zoning code.

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