Zoning - for Property Located at 140 Niles Ave.

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Staff Report Staff Comments: 6/6/2014 The Board of Public Works will need to approve the encroachment of the balcony into the right -of -way. The staff would note that the East Bank Village Master Plan: area 5 village retail, suggests the following: "Additional retail uses focused primarily on local and regional merchants along Jefferson and Niles streets across from the Emporium/Mole Hole building with apartments on the upper 2nd through 4th floors." Subsequent to the adoption of the Master Plan, the Department of Community Investment has recommended that taller buildings, up to 8 stories /96', be considered for approval when those buildings provide a public amenity and pedestrian scale facade treatments for the first two stories. Further note that the Zoning ordinance limits building height to 60'. It is the staffs opinion that the primary goals of a land use plan should be adhered to. Area 5 of the Master Plan is the only area where the height of buildings is alluded to, and therefore is not a prime overall goal. This project meets the goals of being a multi -use building with residential on the upper floors, and providing a public amenity. Recommendation: Based on information available prior to the public hearing, the staff recommends the petition be sent to the Common Council with a favorable recommendation. Analysis: This PUD generally meets the goals in the East Bank Village Master Plan. By developing a policy to require items like a public amenity and facade treatments in return for allowing a taller building, new development can be supported without compromising the intent of East Bank Village Master Plan. APC # 2709 -14 Page 3 of 3