CITY PLANNING COMMISSION CITY OF NEW ORLEANS EXECUTIVE DIRECTOR. City Planning Commission Staff Report Executive Summary October 27, 2015

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1 MITCHELL J. LANDRIEU MAYOR Zoning Docket: CITY PLANNING COMMISSION CITY OF NEW ORLEANS City Planning Commission Staff Report Executive Summary October 27, 2015 ROBERT D. RIVERS EXECUTIVE DIRECTOR LESLIE T. ALLEY DEPUTY DIRECTOR Applicant: Request: Location: VIA LATROBE, LLC Conditional Use to permit a mixed-use development containing multiple-family residential units and commercial units including a brewery in an LI Light Industrial District. The municipal addresses are 2940 and 2941 Royal Street and 1 Press Street. Summary of Proposal: Recommendation: The subject site comprises the entirety of Squares 143 and 169 for a total area of approximately 174,558 sq. ft. or four (4) acres. The squares are separated by a portion of Royal Street. Both squares are occupied by one story underutilized warehouses along the Press Street railroad corridor. The applicant intends to retain and renovate the cotton warehouse, nearest to the corner of Dauphine and Montegut Streets, and demolish the remaining ones. The proposed development, as revised, will include multiple buildings from 25 to 75 feet in height with a total floor area of 517,535 sq. ft. (419,394 buildings + 98,141 garage area). Taller buildings will be located adjacent to the Press St. corridor, with lower heights of 25 ft. to 50 ft. adjacent to the Montegut St. side. The majority, 271, of the 301 proposed parking spaces will be located in two stories of structured parking within the buildings along the Press St. corridor side and accessed from Dauphine, Royal and Chartres Streets. The primary use proposed is residential with 260 apartment units. There will also be approximately 23,169 sq. ft. of commercial space on the ground floor facing Chartres, Montegut, Royal and Dauphine Streets as well as a newly created private interior street, Via Latrobe, which will extend through the site from Dauphine St. to Chartres St. Thirty (30) of the total number of parking spaces are proposed as parallel parking spaces on Via Latrobe. APPROVAL subject to five (5) waiver and fifteen (15) provisos. ZD

2 Reasons for Recommendation: 1. The development of a mixed-use residential/commercial development in the Bywater neighborhood in a former industrial corridor which is transitioning to residential and commercial uses is appropriate and should be an asset to the neighborhood. 2. The design of the buildings is contemporary but complementary to the historic neighborhood and the massing and height transition well from the lower scale Montegut St. side to the more intense Press St. side. 3. The request is consistent with the Master Plan. 4. The recommended provisos should mitigate the potential impact of the project on the adjacent neighborhood. ZD

3 City Planning Commission Meeting CPC Deadline: 11/06/15 Tuesday, October 27, 2015 CC Deadline: 12/08/15 Council District: C Ramsey PRELIMINARY STAFF REPORT To: City Planning Commission Prepared by: Arlen Brunson and Dubravka Gilic Zoning Docket: Date: October 12, 2015 I. GENERAL INFORMATION Applicant: Request: Location: VIA LATROBE, LLC This is a request for a Conditional Use to permit a mixed-use development containing multiple-family residential units and commercial units including a brewery in an LI Light Industrial District. 1 The property is located on the entireties of Squares 143 and 169, in the Third Municipal District, bounded by Chartres, Press, Montegut and Dauphine Streets. The municipal addresses are 2940 and 2941 Royal Street and 1 Press Street. (PD 7) Description: The subject site comprises the entirety of Squares 143 and 169 for a total area of approximately 174,558 sq. ft. or four (4) acres. The squares are separated by a portion of Royal Street. Both squares are occupied by one story underutilized warehouses which historically stored materials in conjunction with the adjacent railway facilities and nearby port and wharf facilities on the Mississippi River. The applicant intends to retain, renovate and add a second story to the warehouse nearest to the corner of Dauphine and Montegut Streets and demolish the remaining warehouses. The proposed development will include multiple buildings from 25 to 75 feet in height with a total floor area of 535,176 sq. ft. Taller buildings will be located adjacent to the Press St. corridor, with lower heights of 25 ft. to 50 ft. adjacent to the Montegut St. side. The majority, 258, of the 282 proposed parking spaces will be located in two stories of structured parking within the buildings along the Press St. corridor side and accessed from Dauphine, Royal and Chartres Streets. The primary use proposed is residential with 260 apartment units. There will also be approximately 54,264 sq. ft. of commercial space on the ground floor facing Chartres, Montegut, Royal and Dauphine Streets as well as a newly created private interior street, Via Latrobe, which will extend through the site from 1 As of August 12, 2015, the zoning of the site is HM-MU Historic Marigny/Treme/Bywater Mixed-Use District. The application was received prior to August 12, 2015 and is therefore considered under the previous CZO zoning classification. ZD

4 Dauphine St. to Chartres St. Twenty-four (24) of the total number of parking spaces are proposed as parallel parking spaces on Via Latrobe. An approximately 9,000 sq. ft. local brewery is proposed for one of the commercial spaces. Why is City Planning Commission action required? The City Planning Commission is required to make a recommendation on all Conditional Uses requests prior to City Council action, in accordance with Article 16, Section Planning Commission Recommendation. Residential uses are conditional in the LI Light Industrial District. The commercial uses including the local brewery are permitted uses in the LI Light Industrial District. II. ANALYSIS A. What is the zoning of the surrounding areas? What is the existing land use and how are the surrounding areas used? The subject site is located within an LI Light Industrial District extending between Chartres Street and the Mississippi River between Press Street, to the upriver side, and the Industrial Canal, to the downriver side. This LI District also extends along the Press Street rail line. While the lake-side boundary of this LI District extends generally along Chartres Street, that boundary is somewhat staggered, with some properties fronting on the lake-side of Chartres Street located within this LI District, including the subject site. This LI District is developed with structures originally used for industrial purposes, as well as port facilities and rail lines immediately adjacent to the Mississippi River. While some of the structures within this LI District are still occupied by industrial uses, others are vacant and some have been redeveloped for non-industrial use, including the Rice Mill across Chartres St. from the subject site and some structures on the New Orleans Center for Creative Arts campus, located immediately adjacent to the upriver side of the subject site. Occasional instances of structures originally developed for residential use are located within this LI District as well. The LI District in which the subject site is located is abutted to the lake side by an RD-3 Two-Family Residential District that spans most of the Bywater neighborhood and abuts the proposed development for most of its Montegut Street frontage. This district comprises rectangular lots of generally uniform size developed with historic single- and two-family residential uses, as well as some instances of non-conforming multiple-family residential and commercial uses. Structures are typically built to the front property lines. Off-street parking spaces are generally not provided. The LI District is abutted to the river-side by a P Park and Recreation District that is applied to the east bank of the Mississippi River between Elysian Fields Avenue and Mazant Street, which has been recently developed with a riverfront park. Immediately abutting the two squares of the subject site to the river-side across Chartres St. is the abovementioned Rice Mill which is a mixed-use residential/commercial ZD

5 redevelopment of an historic industrial building. To the upriver side is Press St. and a freight railway corridor. Across that corridor are facilities of the New Orleans Center for Creative Arts. To the lake-side of the site are vacant lots used for parking. The downriver Montegut Street side of the site is primarily occupied by single story single and double residential structures, with two-story structures at the corners and the Inferno art studio at the corner of Royal St. Most of these residential and commercial structures do not include off-street parking. B. What is the zoning and land use history of the site? Zoning: Land Use: L Unrestricted J Light Industrial District LI Light Industrial District 2015 (prior to 8/12/2015) - LI Light Industrial District 2015 (effective 8/12/2015) - HM-MU Historic Marigny/Treme/Bywater Mixed-Use District Railroad Property/Industries and Warehouses/City Property Heavy Industrial/Vacant property Industrial/Vacant Industrial C. Have there been any recent zoning changes or conditional uses in the area? If so, do these changes indicate any particular pattern or trend? Zoning Docket was a request for the rescission of existing Conditional Use Ordinances No. 19,049 and 21,081, and for a new Conditional Use to permit a school, café and leasable office space in an HMLI Historic Marigny/Tremé Light Industrial District. The municipal address is 2831 Chartres Street. The City Planning Commission recommended approval of the request, which was subsequently approved by the City Council. This is approximately one (1) block from the petitioned site. Zoning Docket was a request for a Conditional Use to permit a garden and accessory structures in an HMLI Historic Marigny/Tremé Light Industrial District. The municipal address is 7 Press Street. The City Planning Commission recommended approval of the requests, which was subsequently approved by the City Council. This is approximately two (2) blocks from the petitioned site. Zoning Docket was a request a Zoning Change from an RD-3 Two-Family Residential District to a B-1A Neighborhood Business District. The municipal address is 840 Clouet Street. The City Planning Commission recommended approval of the request, which was subsequently approved by the City Council. This is approximately three (3) blocks from the petitioned site. Zoning Docket was a request for a Zoning Change from an RD-3 Two-Family Residential District to a B-1A Neighborhood Business District. The municipal address is ZD

6 3053 North Rampart Street. The City Planning Commission recommended approval of the request, which was subsequently approved by the City Council. This is approximately three (3) blocks from the petitioned site. Zoning Docket was a request a Zoning Change from an RD-3 Two-Family Residential District to a B-1A Neighborhood Business District. The municipal address is North Rampart Street. The City Planning Commission recommended denial of the request, which was subsequently approved by the City Council. This is approximately four (4) blocks from the petitioned site. Zoning Docket was a request for a Conditional Use to permit a cocktail lounge in an HMC-2 Historic Marigny/Tremé Commercial District. The municipal address is 2805 St. Claude Avenue. The City Planning Commission recommended denial of the request, which was subsequently approved by the City Council. This is approximately five (5) blocks from the petitioned site. Zoning Docket was a request for a Conditional Use to permit the sale of alcoholic beverages for consumption on-premises at a standard restaurant in a B-2 Neighborhood Business District. The municipal address is 800 Louisa Street. The City Planning Commission recommended approval of the request, which was subsequently approved by the City Council. This is approximately two (2) blocks from the petitioned site. Zoning Docket was a request for an amendment to Ordinance 23,773 M.C.S. (Z.D. 77/09, a Conditional Use to permit the redevelopment of a vacant industrial structure into a mixed-use residential/ commercial complex in an LI Light Industrial District), to modify provisos relative to right-of-way landscaping and refuse screening and to permit site plan amendments. The municipal addresses are 2900 and 3036 Chartres Street. The City Planning Commission recommended approval of the request, which was subsequently approved by the City Council. This is approximately one (1) block from the petitioned site. Zoning Docket was a request for a Conditional Use to permit the sale of alcoholic beverages for consumption on-premises at a standard restaurant in a B-1A Neighborhood Business District. The municipal address is 3054 Saint Claude Avenue. The City Planning Commission recommended approval of the request, which was subsequently approved by the City Council. This is approximately five (5) blocks from the petitioned site. Zoning Docket was a request for a Conditional Use to permit the sale of alcoholic beverages for consumption on premises at a standard restaurant in a B-1 Neighborhood Business District. The municipal address is Burgundy Street. The City Planning Commission recommended approval of the request, which was subsequently approved by the City Council. This is approximately five (5) blocks from the petitioned site. ZD

7 Zoning Docket was a request for a Zoning Change from an RD-3 Two-Family Residential District to an LI Light Industrial District. The municipal address is 3000 Royal Street. It was recommended for approval by the City Planning Commission and was subsequently approved by City Council. This is approximately one (1) block from the petitioned site. Many of these requests are indicative of increased interest in and the intensification of development of commercial and residential uses and density in the Bywater and Marigny neighborhoods, some in former industrial and corner commercial buildings. D. What are the comments from the design review staff? The proposal calls for redevelopment of the two (2) city squares bounded by Press, Chartres, Montegut and Dauphine Streets in the Bywater neighborhood into a mixed use development containing multi-family residential and commercial units, and a private street. The site is currently developed with three (3) warehouse buildings one of which will be retained (former cotton storage) while the other two will be demolished. Figure 1. Existing site To be demolished To be renovated The proposed development will consist of six (6) buildings, four (4) of which will be within Square 143 and two (2) within Square 169, all designed along the edge of the existing streets that surround the site. The development will also have a new interior street, Via Latrobe, which will run parallel with the Press Street corridor. The street will be private, but open to the general public. The development will also contain two ground level pocket parks, rooftop terraces and gardens, aquatic and edible garden and an urban farm. There will be a variety of building heights, ranging from feet, with visual and pedestrian pathways between structures. ZD

8 Ground floors will contain various commercial uses, the largest being a 9,000 sq. ft. brewery within a former cotton warehouse. Other commercial uses proposed on the site include a coffee shop, two bakeries, two restaurant, an art gallery and two retail shops. A two story parking garage is placed along the Press Street side of the site. Overall the development will contain: Lot area (squares 143 and 169): 174,558 sq. ft. Total built area: 535,176 sq. ft. 2 Residential units: 260 units Open space 1 st fl. 24,512 sq. ft. Commercial space: 54,264 sq. ft. Open space upper: 21,937 sq. ft.3 Garage parking spaces: 258 spaces Garage area: 98,141 sq. ft. Figure 2.Proposed Building Layout Includes 98,141 square feet of garage area 3 Does not include private loft patios ZD

9 Figure 3. Aerial view Compliance with the CZO Development Standards Article 15, Section of the CZO states that when more than thirty-five (35) percent of the total floor area of any development in a commercial district, except the CBD Districts, is used for dwelling purposes in a building which may also contain nonresidential uses, the height, area, and bulk requirements for residential development in the district shall apply. According to Article 7, Section of the CZO, residential uses located within the LI Light Industrial District are subject to the height, area, and bulk requirements of the RM-2 Multiple Family Residential District as shown in Article 4, Section of the CZO. In combination, the Lot Area per Dwelling Unit, the Maximum Height, the Floor Area Ratio, and the Open Space Ratio seek to control the mass of buildings, ensuring that a particular site is not overbuilt. These indicators for the proposed development are discussed below: Lot Area per Dwelling Unit (Development Density) The RM-2 District regulations require a minimum lot area per dwelling unit of 1,000 square feet for a development containing more than five (5) dwelling units. There are no separate lots of record proposed for the redevelopment plan, and as such each square was counted as a single lot for the purposes of calculating the required lot area per dwelling unit. ZD

10 Table 1 LOT (SQUARE) AREA PER DWELLING UNIT Number of Lot Area per Dwelling Unit (sq. ft.) Square Lot area Dwelling Units (sq. ft.) Required Proposed , , , , Total 174, , Table 2 UNIT TYPE AND SIZE Unit type Number of Units Average Unit Size (sq. ft.) Industry Average 4 (sq. ft.) 1BR BR 161 1,300 1,140 3BR 22 2,000 1,420 Total 260 1,400 1,080 Based on the calculations shown in Table 1 above, the submitted development does not meet the minimum required lot area of 1,000 sq.ft/dwelling unit. The proposed development is comparable with the residential density of the adjacent Rice Mill development 5 and with the 600 sq.ft./unit required by the newly adopted CZO for the HM-MU District. The proposed Unit Type and Size, shown in Table 2 also shows that the mix of unit types is rather balanced and that smaller units are not the prevalent unit type; additionally, the average apartment sizes exceed the industry standards for new construction. The applicant has also proposed to locate more density on Square 143 in an effort to maintain the existing cotton warehouse on Square 169 and a lower density and lower building height along Montegut Street, in the spirit of historic preservation and in response to the community preferences. Structures along the Press and Chartres Street corridors, closer to NOCCA and the Rice Mill are proposed at a higher density which is in keeping with the adjacent development pattern. Building Height According to Article 4, Section the maximum permitted height for residential uses within the RM-2 District is 75 feet. Additional standards of Article 7, Section Table 7.C Notes restricts height of a building or structure in the LI District which abuts a 4 US Census data for As per ZD 71/06 and ZD77/09 Lot area per dwelling unit for the Rice Mill development is 512 sq. ft. ZD

11 residential district to fifty (50) feet unless setback one (1) foot from all required yard lines for each foot of additional height above fifty (50) feet. The proposed development consists of structures with a great variation in height; the lowest one being the existing 25 foot high repurposed cotton warehouse, followed by structures within Square 143 along Montegut street the height of which starts at 28 feet and rises up to 60 feet for the section fronting on Via Latrobe. The highest sections of the development are structures lined along the Press and Chartres Street corridors, reaching the maximum permitted height of 75 feet. All of the proposed building heights meet the stated standards of the CZO. The proposed buildings and their respective heights are designed with an obvious intention to create a street edge that responds sensitively to buildings and homes directly across the street. Floor Area Ratio and Open Space Ratio The Floor Area Ratio (FAR) is the total floor area of a building divided by the area of the lot on which it is located. 6 The floor area of a building is the gross horizontal area of the several floors of a building measured from the exterior faces of exterior walls and is comprised of the following: elevator shafts and stairwells, floor space for mechanical equipment, penthouses, interior balconies, and any space for residential use. The RM-2 and LI District regulations limit the FAR to 1.0 and require a minimum Open Space Ratio of Open Space Ratio, as defined by the Comprehensive Zoning Ordinance (CZO), is the open space on the lot divided by the gross floor area of any structure in the area. 7 Table 3 FAR and OSR Square 143 Square 169 Square 143 and 169 Combined Lot Area 87,092 87, ,558 sq. ft. Floor Area 8 250, , ,035 sq. ft. Open Space 17,151 7,361 24,512 sq. ft. Open Space including upper floors 9 25,822 20,627 46,449 sq. ft. FAR OSR OSR including upper floors As presented in Table 3 above, the proposed development exceeds the maximum permitted floor area ratio (FAR) and provides less open space than required by the CZO standards. The development, however, provides multiple common open spaces on the 6 Article 2, Section Floor Area Ratio of the Comprehensive Zoning Ordinance 7 Article 2, Section Open Space Ratio 8 Per definition of FAR, the structured parking area (98,141 sq. ft.) is not calculated toward the FAR 9 Per definition of OSR, upper floor open space areas are not calculated toward the OSR ZD

12 upper floors, which, when calculated toward the overall open space area, result in an OSR of 0.27 that is almost equal to the required OSR of Yard Setbacks and Encroachments Section (2) of the CZO states that where a building in a commercial district is subject to the height, area, and bulk requirements applicable to residential development under Section 15.1, the side yard requirements for residential development shall be applied only to the ground floor where said ground floor has more than twenty-five (25) percent of its area used for dwelling space. Since there are no separate lots of record proposed for the development, and as such each square is counted as a single lot for the purposes of yard regulations, the development only contains front yards along each of the existing streets. As such, the side yard setbacks are not required. The required front yard setback follows the average setback established for the site, which includes the existing cotton warehouse, developed at the property line. The proposed development is mostly developed along the property lines and does not require front yard variances. The proposal calls for the addition of multiple steps and access ramps to the former cotton warehouse building and the proposed brewery. Given the fact that the structure is located at the property line along Royal, Montegut and Dauphine Streets, the proposed steps and ramps are placed within the public rights-of-way of the respective streets. Should this layout remain, the developer should obtain the approval by the Department of Property Management, Office of Real Estate and Records, for the encroachments. The applicant shall secure the appropriate rights to utilize City property in connection with any encroachments in accordance with the requirements of the Department of Property Management, Office of Real Estate and Records. Building Design From the building design perspective, the proposal has an attractive contemporary design which, with the simplicity of forms and details, and with the variations in massing and height, and introduction of passageways and open space, responds well to the historic surroundings and the character of the neighborhood. The proposed green walls, murals and roof top gardens give a contemporary edge to the project, while still conveying a sense of an intimate urban environment. Conclusion The standards relating to Maximum Height, Lot Area per Dwelling Unit, FAR, Open Space Ratio and Parking are intended to be considered together, as they collectively work to provide for developments which are compatible and appropriate in mass, scale, intensity and impact for the neighborhoods within which they are located. The applicant submitted this request prior to the effective date of the new CZO, choosing to take advantage of the 75 ft. height permitted under the previous CZO, which is reduced to 55 ZD

13 ft. in the new CZO. The previous CZO however, limits density, FAR and has a higher parking requirement. Additionally, applying under the previous CZO also avoids the requirements related to submission and compliance with a Storm Water Management Plan. The applicant is asking for significant waivers of density and FAR as well as parking. The proposed development meets the maximum permitted height requirements and come very close to meeting the open space standards, when multiple and varied type of common open spaces are taken into account. The design staff would recommend a waiver of the minimum required OSR to allow the applicant to count all common, open green spaces into the OSR formula. Therefore, The developer shall be granted a waiver of Article 4, Section (refer to Article 7, Section 7.3.7), which requires a minimum Open Space Ratio (OSR) of 0.30, to permit the OSR of 0.14 on the ground level. Additional 0.16 of OSR of common open space areas shall be provided on the upper floors. The development is not meeting the 1,000 sq. ft. of Lot Area per Dwelling Unit requirement and the FAR of 1 as per the former CZO. The proposed development density is the function of the above stated indicators and can be reduced by the reduction in the number of dwelling units on the site or by the reduction to the total floor area. With an understanding that the project is within the prescribed height limits, that the newly adopted CZO required 600 sq. ft. of lot area per dwelling unit, and that the adjacent development (Rice Mill, NOCCA campus, railroad corridor) are of similar massing, the staff believes that the proposed development density would not be inappropriate for this location. However, the staff believes that to support this density and the proposed 54,264 sq.ft. of commercial space, the development needs to provide more vehicular parking spaces than are proposed, as the development will likely generate a major parking impact on the neighborhood (see parking discussion in the next section of this report). Therefore the staff recommends: The developer shall be granted a waiver of Article 4, Section (refer to Article 7, Section 7.3.7), which requires a minimum Lot Area per Dwelling Unit of 1,000 square feet, to permit a Lot Area per Dwelling Unit of 671 square feet for the entire development, subject to the provision of a minimum of 631 off-street parking spaces. The developer shall be granted a waiver of Article 4, Section (refer to Article 7, Section 7.3.7), which requires a maximum FAR of 1, to permit an FAR of 2.5 for the entire development, subject to the provision of a minimum of 631 off-street parking spaces. ZD

14 Landscaping A conceptual landscaping plan has been submitted to the staff of the City Planning Commission. The plan indicates multiple green areas including two pocket parks and an edible garden on the ground floor and on the second and third floor terraces. Elevation drawings show multiple green walls where the wall sections are covered with vines. Some planting materials, mostly trees, have been identified on the plan; however, a more detailed plans needs to be submitted. No trees within the public rights-of-way adjacent to the site have been proposed. The staff recommends the following proviso: The developer shall submit a detailed landscape plan prepared by a licensed Louisiana landscape architect, including the type, size, and quantity of the trees, shrubs, and groundcovers. The landscape plan should be subject to final approval by City Planning Commission staff, as well as by the Department of Parks and Parkways for all planting within a public right-of-way. a. The landscape plan shall contain genus, species, size, location, quantity, and irrigation of all proposed plant materials within the ground and upper floors of the development, with applicable remarks and details. b. Where appropriate and recommended by the Department of Parks and Parkways, the developer shall install street trees along the public rights-ofway adjacent to the site, subject to the review and approval of the said department and the City Planning Commission. Trash Storage and Litter Abatement The site plans indicate two locations for trash storage, each within the garage ground floor area, against the wall on the Press Street side of the site. The two trash storage areas do not appear sufficient to meet the needs of the residents and of the commercial properties. The applicant shall provide a detailed plan for trash storage and pick-up and submit it as for review and approval. The applicant shall provide to the City Planning Commission staff a litter abatement program letter, approved by the Department of Sanitation, inclusive of the stated location of trash storage, the type and quantity of trash receptacles, the frequency of trash pickup by a contracted trash removal company, and the clearing of all litter from the sidewalks and the street rights-of-way. The name and phone number of the owner/operator of the development shall be included in this letter to be kept on file in case of any violation. In no case shall trash be stored so that it is visible from public or private rights-of-way. ZD

15 Lighting Plan The applicant has not submitted a conceptual lighting plan, and though there are no lighting guidelines for the RM-2 Multiple Family Residential District, the staff believes that due to the size of the development site and proposed development of a private street, a lighting plan should be submitted for review by the staff of the City Planning Commission and the Department of Public Works. The applicant shall submit a lighting plan for the petitioned site for review and approval by the staff of the City Planning Commission and the Department of Public Works. Signage and Murals The applicant has not submitted detailed signage plans for the proposed development site. According to the applicant s agent, directional signage for the development will be proposed for each square, but plans have not been submitted for review. All proposed signage must conform to the requirements of Article 7, Section Permitted Signs of the Comprehensive Zoning Ordinance. The applicant shall submit a signage plan and all signage shall conform to the requirements of Article 7, Section Permitted Signs of the Comprehensive Zoning Ordinance. The proposal involves installation of several murals 10 on the exterior walls of the development. The murals are subject to review and approval of the Board of Murals of the City Council according to the process outlined in Sec A of the City Code. Therefore, the staff recommends the following proviso: Any mural visible from the public or private right-of-way shall be subject to review and approval of the Board of Murals of the City Council according to the process outlined in Sec A of the City Code. 10 According to the applicant the proposed murals will be street murals, painted and curated by artists Brandan Odumns and Damon Martin and inspired by Exhibit BE, the Arts District in Los Angeles and Museum of Public Art in Baton Rouge. ZD

16 And, lastly, The Department of Safety and Permits shall issue no building permits or licenses for this project until final development plans are approved by the City Planning Commission and recorded with the Office of Conveyances. Failure to complete the conditional use process by properly recording plans within a one year time period or failure to request an administrative extension as provided for in Article 16, Section of the Comprehensive Zoning Ordinance will void the conditional use approval. The applicant shall secure approval for the proposed demolitions through the Neighborhood Conservation District Advisory Committee process. E. What is the potential traffic impact? What are the off-street parking and off-street loading requirements? Can the required number of off-street parking spaces be provided on site, or would a waiver be required? Traffic The petitioned site has frontage on Chartres, Royal, Dauphine and Montegut Streets. Chartres St. is considered a major street according to the Plan for the 21 st Century and is a two- lane, two-way street with no parking. Press Street is a two-way two-lane street with parking on both sides. Dauphine, Royal and Montegut Streets are all one lane oneway streets with parking on both sides; Dauphine in a downriver direction, Royal in an upriver direction and Montegut in a lake-bound direction. Local bus transit routes pass the development in two locations. All of the bounding streets would be used to access the proposed commercial uses at the site. Most traffic for the residential units would likely enter the parking garage area from Dauphine, Royal or Chartres Streets from driveway access closer to the Press St. side of the site. Since the site is currently occupied by vacant or underutilized single story warehouse buildings and the proposal is to include several retail commercial establishments as well as 260 residential units, the volume of traffic would be expected to increase substantially around the site. Most of these streets now experience a moderate level of traffic, so some increase could be reasonably accommodated. The applicant is attempting to control some of the traffic flow by directing it into the structured parking area on the Press St. side away from existing residential development. However, with additional residential units facing Montegut Street and some of the commercial uses abutting Montegut Street, increased traffic would necessarily result on Montegut Street where the nearest adjacent residential uses are located. The applicant has attempted to mitigate some of this impact by creating a small interior private street with public access within the site parallel to Montegut St. which would be used by some of the patrons to the commercial uses and for loading and unloading. ZD

17 Parking The proposal is a mixed-use residential/commercial development with approximately 54,264 sq. ft. of commercial space and 260 residential apartment units. The proposal includes 77 one-bedroom units, 161 two-bedroom units and 22 three-bedroom units. Commercial units proposed include a local brewery, retail shops, gym, restaurants, art gallery, studio and bakery, although specific uses are not all determined at this time. Most of the 258 parking spaces in the garage facility will likely be dedicated for use by the residents, while the remaining proposed 24 spaces along Via Latrobe would likely be used primarily for the ground floor businesses. The number of off-street parking spaces required for the proposed uses, as required by Article 15, Section Off-Street Parking Regulations for All Districts, Except the CBD Districts and Vieux Carré Districts of the Comprehensive Zoning Ordinance, is presented below. OFF-STREET PARKING REQUIREMENTS Use Spaces Required per Basic Additional requirements Measuring Unit Apartments 1.5 for each one and two bedroom unit, 2.5 for three bedroom units Restaurants 1 per 150 square feet of floor area 3 spaces minimum Retail, 1 per 200 square feet of floor area 3 spaces minimum health club Studio, 1 per 400 square feet of floor area 3 spaces minimum mezzanine space Art gallery 10 plus one per 300 sq. ft. of floor area over 1,000 sq. ft. Brewery 1 per 2 employees REQUIRED OFF-STREET PARKING AT THE SITE Use Quantity Required parking spaces Apartments spaces Restaurants 16,178 sq. ft. 108 spaces Retail, health club 11,850 sq. ft. 60 spaces Studio, mezzanine space 14,400 sq. ft. 36 spaces Art gallery 3,436 sq. ft. 18 spaces Brewery (8,400 sq. ft.) 8 employees 4 spaces (estimated) Total required 638 spaces As the above table indicates, the proposed uses require a total of 638 off-street parking spaces. The applicant intends to provide 282 off-street spaces, 258 in the parking garage and 24 on the interior private street. Eight (8) handicapped spaces are proposed on the ZD

18 ground floor of the parking garage. The site plans also note the inclusion of 44 bicycle parking spaces on the site. It would be expected that the bicycle spaces would result in a reduction of vehicular parking demand to some extent. Since most of the existing structures will be demolished and the one remaining warehouse to be retained provides parking, no parking is grandfathered to the site. The applicant is thus requesting a waiver of 356 off-street parking spaces. For reference, the staff calculated that the proposed uses would generate a total parking requirement of 364 spaces under the requirements of the new CZO effective August 12, While the new CZO provides a possible further reduction of required parking when considerations of collective and alternating parking are considered, the resulting requirement of 301 spaces, as calculated by the staff, would still exceed the number of spaces proposed on the site of 282. The applicant decided to submit this request prior to the effective date of the new CZO, thus the regulations and limitations of the previous CZO apply. The applicant preferred to take advantage of the 75 ft. height permitted under the previous CZO, which is reduced to 55 ft. in the new CZO. Additionally, applying under the previous CZO also avoids the requirements related to submission and compliance with a Storm Water Management Plan. The standards relating to height, density, FAR, open space requirements and parking were intended to be considered together in the previous CZO and also in the new CZO, as they collectively work to provide for developments which are compatible and appropriate in mass, scale, intensity and impact for the neighborhoods within which they are located. The applicant chose to submit under the previous CZO which allows greater height but limits density and FAR and has a higher parking requirement. The applicant is asking for significant waivers of density and FAR as well as parking. The staff believes that, if the size and density of the development are not reduced, the development needs to provide more vehicular parking spaces than are proposed, as the development will likely generate a major parking impact on the neighborhood. The staff does not believe that the proposed 282 parking spaces will be sufficient to satisfy the parking needs of 260 residential units as well as numerous commercial establishments with over 54,000 sq. ft. of floor area. While there are some on-street spaces available adjacent to the site, even including those would likely not be adequate to accommodate vehicles for residents, guests, employees of the commercial businesses, patrons of the businesses and deliveries for all of the uses in the development without imposing unacceptable burdens on the adjacent and nearby single and two family residential neighborhood. It is reasonable to expect that the addition of bicycle parking within the site and within the garage would reduce the need for some vehicular parking spaces. The new CZO recognizes this and provides for relief of required vehicular parking if bicycle parking is provided at a rate of six bicycle spaces for one vehicular space. 11 The plans indicate the provision of 44 bicycle parking spaces, which could reasonably represent seven (7) 11 Article 22, Section 22.5Ea. ZD

19 vehicular parking spaces. It is reasonable to assume that some employees of and residents and visitors to the development would travel by bicycle or would walk to the commercial uses given the location of the development within a more densely developed portion of the city. Additionally, the adjacent local transit lines may be used by some visitors. Therefore, the staff recommends a waiver of seven (7) of the required parking spaces since bicycle parking is included, but that the developer also consider alternatives for the development which would incorporate more structured parking, reduce the parking requirement by reducing the intensity or number of commercial uses, reduce the parking requirement by reducing the number of residential units, locate additional parking within 300 feet of the development, or some combination of these alternatives. The staff also recommends the retention of the proposed 44 bicycle parking spaces on the site. The applicant shall dedicate a minimum of forty-four (44) bicycle parking spaces on site. The applicant shall be granted a waiver of Article 15, Section Off-Street Parking Regulations of the Comprehensive Zoning Ordinance, which requires 638 off-street parking spaces, to permit the provision of 631 off-street parking spaces. Loading The number of off-street loading spaces required for the proposed use, as required by Article 15, Section Off-Street Loading Regulations of the Comprehensive Zoning Ordinance, is presented below. REQUIRED OFF-STREET LOADING Use Floor Area Spaces required Multi-family 383,312 square feet 5 spaces Residential Restaurant, retail, 45,864 square feet 4 spaces personal service Brewery 8,400 square feet 1 space Total 10 spaces As the above table indicates, the applicant is required to provide a total of ten (10) offstreet loading spaces. No designated loading spaces are proposed for the development, although the applicant anticipates that some of the parking spaces along the interior private street will at times be utilized for loading. While a ten loading space requirement may appear high, the number of and mix of uses in the development would be expected to generate multiple deliveries and pick-ups throughout the day. While there is considerable on street frontage where loading zones could be located along Dauphine, Royal and Montegut Streets, even with some loading occurring along the proposed interior private street, it is not reasonable to expect the adjacent streets to bear the burden ZD

20 of most of the loading needs. Therefore, the staff recommends that the applicant designate a minimum of five (5) required off-street loading spaces on the site and secure the remainder with designated on-street loading zones subject to the review and approval of the Dept. of Public Works. The applicant shall be granted a waiver of Article 15, Section Off-Street Loading Regulations of the Comprehensive Zoning Ordinance, which requires ten (10) off-street loading spaces, to permit the provision of a minimum of five (5) off-street loading spaces. The applicant shall establish no more than five (5) on-street loading spaces abutting the site, subject to the review and approval of the Dept. of Public Works. F. Are there any comments from other agencies, departments or committees? This request was considered by the Planning Advisory Committee at its meeting on September 2, The Department of Public Works representative asked about the proposed new street and how it would connect to the adjacent streets as well as adjustments to the curbs and sidewalks and also expressed concern about the stoops and ramps on the sidewalk along the Montegut St. side. The representative of the Department of Property Management, Division of Real Estate and Records noted that a servitude agreement would be necessary for the encroachments onto the public rights-of-way. The representative of the Sewerage and Water Board indicated that they would need more review of the location of the encroachments relative to water and sewer lines. The representative of the Department of Parks and Parkways requested that street trees be added where appropriate. The committee passed a motion of no objection subject to further review by the City Planning Commission, the Department of Parks and Parkways, the Department of Property Management, Division of Real Estate and Records, the Department of Public Works, and the Sewerage and Water Board. The Design Review section of the report addresses some of these concerns. Additionally, the staff recommends the following proviso: The applicant shall submit plans for review and secure approval from the Department of Public Works for any modifications to curbs, curb cuts and sidewalks within the public rights-of-way. G. What effects or impacts would the proposed conditional use have on adjacent properties? It is anticipated that the conversion of a former warehouse structure and construction of new buildings in place of former warehouses to now include both residential and commercial uses would generally have a positive impact on surrounding area. The proposed redevelopment would provide additional residential units for a neighborhood where demand for housing is increasing and provide additional retail options for residents of the neighborhood. ZD

21 Large-scale mixed use developments typically generate increased vehicular traffic and demand for parking around the development site. The proposed redevelopment would result in increased traffic near the site compared to its current condition. However, the development is arranged to mitigate some of this effect by directing vehicular traffic to the parking garage adjacent to the Press St. corridor. The provision of the interior street should also mitigate some of the traffic impact particularly on Montegut St. 282 parking spaces are proposed although 638 are required thus necessitating a waiver request. Additionally, the applicant is seeking waivers of lot area per dwelling unit and of FAR for the development. These will allow a residential density which is greater than permitted in the LI Light Industrial District for residential uses. This will impact the neighborhood by generally increasing activity, noise, litter, traffic and parking demand above that which would likely be generated if the development complied with the FAR and lot area per dwelling unit limitations. III. Is the proposed action supported by or in conflict with policies or strategies in the New Century New Orleans Plan? Are there other more specific adopted plans for the area or use? The proposal is supported by the Plan for the 21st Century, commonly known as the Master Plan. Chapter 14: Land Use Plan of the Master Plan designates the future land use of the petitioned site as Mixed-Use Historic Core. The goal, range of uses, and development character for that designation are copied below: MIXED-USE HISTORIC CORE Goal: Increase convenience and walkability for neighborhood residents and visitors within and along edges of historic core neighborhoods. Range of Uses: A mixture of residential, neighborhood business, and visitor-oriented businesses. Uses may be combined horizontally or vertically, and some structures may require ground floor retail with residence or offices on upper floors. In some areas where current or former industrial use is verified, existing buildings may be appropriate for craft and value added industry. Development Character: The density, height, and mass of new development will be consistent with the character and tout ensemble of the surrounding historic neighborhood. The development is generally supported by the Master Plan. The proposed mixed-use residential/commercial development is consistent with the range of uses identified in the Master Plan, where the former industrial uses would be replaced with a mixed use development that is an appropriate transition from the industrial to the bordering residential neighborhoods. However, the Master Plan does not provide a level of site specific design guidance or address the requested waivers. ZD

22 IV. SUMMARY This is a request for a conditional use to permit a new mixed use residential/commercial development on two squares at the edge of the Bywater neighborhood abutting the Press St. corridor between Dauphine and Chartres Streets. The conditional use is required because residential uses are not permitted but are conditional in the LI Light Industrial District. The development will include one of the existing warehouse buildings with an added second floor. The remaining warehouse structures will be demolished and new buildings constructed which will include in total 260 residential units, approximately 54,264 sq. ft. of commercial space in several ground floor units, and 282 parking spaces mostly in a structured garage on the Press St. side of the development. The proposal also includes a new private street with public access which extends from Dauphine to Chartres Streets on the interior of the development. Buildings vary in height from 25 to 75 feet with lower height along the Montegut St. frontage and greater height along the Press St. frontage. The development would generally be a positive addition to the neighborhood, converting underutilized warehouse structures to a mixed-use residential/commercial development with parking, adding both residential units to the neighborhood and additional retail commercial options for the neighborhood residents. The design of the building is responsive to the surrounding area by appropriately including the taller portions of the structures on the Press St. side and at corners with heights reduced along the lower density and smaller scale Montegut St. side. Additionally, the development seeks to minimize the impact of traffic by directing vehicles to the parking garage area furthest away from the adjacent residential neighborhood and by adding an interior private street. Sizable waivers are requested for FAR, lot area per dwelling unit, parking and loading spaces. These waiver requests are the result of the developer s interest in creating a denser and larger development in scale and mass than is permitted under the previous or current CZO. The staff is supportive of the development generally, but believes that, in particular, the impact on parking in the neighborhood should the parking waiver be granted, would be unacceptable. The staff believes that the applicant should reconsider the density of the development to bring it further into compliance with the standards in the CZO. The staff has suggested several alternative ways to achieve these results. V. PRELIMINARY STAFF RECOMMENDATION 12 The staff recommends APPROVAL of Zoning Docket , subject to five (5) waivers and eleven (11) provisos. Waivers: 1. The developer shall be granted a waiver of Article 4, Section (refer to Article 7, Section 7.3.7), which requires a minimum Open Space Ratio (OSR) of 12 Subject to modification by the City Planning Commission ZD

23 0.30, to permit the OSR of 0.14 on the ground level. Additional 0.16 of OSR of common open space areas shall be provided on the upper floors. 2. The developer shall be granted a waiver of Article 4, Section (refer to Article 7, Section 7.3.7), which requires a minimum Lot Area per Dwelling Unit of 1,000 square feet, to permit a Lot Area per Dwelling Unit of 671 square feet for the entire development, subject to the provision of a minimum of 631 off-street parking spaces. 3. The developer shall be granted a waiver of Article 4, Section (refer to Article 7, Section 7.3.7), which requires a maximum FAR of 1, to permit an FAR of 2.5 for the entire development, subject to the provision of a minimum of 631 off-street parking spaces. 4. The applicant shall be granted a waiver of Article 15, Section Off-Street Parking Regulations of the Comprehensive Zoning Ordinance, which requires 638 off-street parking spaces, to permit the provision of 631 off-street parking spaces. 5. The applicant shall be granted a waiver of Article 15, Section Off-Street Loading Regulations of the Comprehensive Zoning Ordinance, which requires ten (10) off-street loading spaces, to permit the provision of a minimum of five (5) off-street loading spaces. Provisos: 1. The Department of Safety and Permits shall issue no building permits or licenses for this project until final development plans are approved by the City Planning Commission and recorded with the Office of Conveyances. Failure to complete the conditional use process by properly recording plans within a one year time period or failure to request an administrative extension as provided for in Article 16, Section of the Comprehensive Zoning Ordinance will void the conditional use approval. 2. The applicant shall secure approval for the proposed demolitions through the Neighborhood Conservation District Advisory Committee process. 3. The applicant shall secure the appropriate rights to utilize City property in connection with any encroachments in accordance with the requirements of the Department of Property Management, Office of Real Estate and Records. 4. The developer shall submit a detailed landscape plan prepared by a licensed Louisiana landscape architect, including the type, size, and quantity of the trees, shrubs, and groundcovers. The landscape plan should be subject to final approval by City Planning Commission staff, as well as by the Department of Parks and ZD

24 Parkways for all planting within a public right-of-way. a. The landscape plan shall contain genus, species, size, location, quantity, and irrigation of all proposed plant materials within the ground and upper floors of the development, with applicable remarks and details. b. Where appropriate and recommended by the Department of Parks and Parkways, the developer shall install street trees along the public rights-ofway adjacent to the site, subject to the review and approval of the said department and the City Planning Commission. 5. The applicant shall provide to the City Planning Commission staff a litter abatement program letter, approved by the Department of Sanitation, inclusive of the stated location of trash storage, the type and quantity of trash receptacles, the frequency of trash pickup by a contracted trash removal company, and the clearing of all litter from the sidewalks and the street rights-of-way. The name and phone number of the owner/operator of the development shall be included in this letter to be kept on file in case of any violation. In no case shall trash be stored so that it is visible from public or private rights-of-way. 6. The applicant shall submit a lighting plan for the petitioned site for review and approval by the staff of the City Planning Commission and the Department of Public Works. 7. The applicant shall submit a signage plan and all signage shall conform to the requirements of Article 4, Section Permitted Signs of the Comprehensive Zoning Ordinance. 8. Any mural visible from the public or private right-of-way shall be subject to review and approval of the Board of Murals of the City Council according to the process outlined in Sec A of the City Code. 9. The applicant shall dedicate a minimum of forty-four (44) bicycle parking spaces on site. 10. The applicant shall establish no more than five (5) on-street loading spaces abutting the site, subject to the review and approval of the Dept. of Public Works. 11. The applicant shall submit plans for review and secure approval from the Department of Public Works for any modifications to curbs, curb cuts and sidewalks within the public rights-of-way. ZD

25 VI. REASONS FOR RECOMMENDATION 1. The development of a mixed-use residential/commercial development in the Bywater neighborhood in a former industrial corridor which is transitioning to residential and commercial uses is appropriate and should be an asset to the neighborhood. 2. The design of the buildings is contemporary but complementary to the historic neighborhood and the massing and height transition well from the lower scale Montegut St. side to the more intense Press St. side. 3. The requested waivers are significant and the staff recommends that the applicant temper the impact of the development, particularly the likely parking impact on the neighborhood, by revisiting the density and size of the development or by providing additional parking on or off the site. 4. The request is consistent with the Master Plan. VII. Should the applicant desire changes to any recommended waivers or provisos, the applicant is encouraged to bring any proposed alternative language for discussion at the meeting. VIII. City Planning Commission Meeting (September 22, 2015) The Planning Administrator summarized the request and staff recommendation, noting that the applicant intends to request a deferral, for which the staff has no objection. There were speakers in favor of and in opposition to the request. They are listed on the attached speaker sheets. The applicant requested a deferral to the October 27, 2015 meeting. Commissioner Steeg made a motion to defer the request to the October 27, 2015 meeting. The motion was seconded by Commissioner Marshall and adopted. MOTION: Be it resolved that Zoning Docket is hereby deferred to the October 27, 2015 meeting. Yeas: Nays: Absent: Allen, Brown, Duplessis, Marshall, Mora, Steeg, Wedberg None Bryan, Mitchell ZD

26 IX. FURTHER CONSIDERATION: Subsequent to the CPC meeting of September 22, 2015, the applicant and architect met with CPC staff to discuss alternative measures to address the staff concerns outlined in the report and concerns expressed by speakers at the hearing. The architect subsequently submitted revised documents for staff review. The CPC staff also held one meeting with neighborhood representatives regarding their concerns. Modifications have been made to several items in the plans. The residential unit count remains the same at 260. The composition of one-, two- and three-bedroom units has changed slightly with an increase of six two-bedroom units and a decrease of six three-bedroom units, for a total of 77 one-bedroom units, 167 twobedroom units and 16 three-bedroom units. Commercial space has been reduced more that 50% to 23,169 sq. ft. from 54,264 in the previous plan. Notably, the brewery originally proposed has been removed from the plans. The three commercial uses with frontage along Montegut Street will provide main entrances and service entrances along the private interior street or on Chartres, Royal or Dauphine Streets. Also, there is no longer a second floor addition to the warehouse structure along Montegut Street which is to be retained. Lot Area per Dwelling Unit (Development Density) The proposed modifications to the development plan will not change the total of 260 dwelling units on the site. As stated earlier, only the composition of one-, two-, and three-bedroom units will slightly change to increase a number of two-bedroom units and reduce the number of three-bedroom units by six. These minor modifications will not affect the development density and the density indicators shown in table below will remain. LOT (SQUARE) AREA PER DWELLING UNIT Number of Lot Area per Dwelling Unit (sq. ft.) Square Lot area Dwelling Units (sq. ft.) Required Proposed , , , , Total 174, , As discussed in the analysis of the original submittal, the proposed development with or without modifications, does not meet the minimum required lot area of 1,000 sq.ft/dwelling unit. The proposal is however, comparable with the residential density of the adjacent Rice Mill development 13 and with the 600 sq.ft./unit required by the newly adopted CZO for the HM-MU District. The project also maintains more density on Square 143 in an effort to retain the existing cotton warehouse on Square 169 and a lower 13 As per ZD 71/06 and ZD77/09 Lot area per dwelling unit for the Rice Mill development is 512 sq. ft. ZD

27 density and lower building height along Montegut Street. Structures along the Press and Chartres Street corridors, closer to NOCCA and the Rice Mill are proposed at a higher density which is in keeping with the adjacent development pattern. For the reasons stated above no modifications to the originally recommended density variance is needed. Building Height The amended development plans do not propose increase in building heights. The applicant has, actually eliminated a residential floor above the cotton warehouse to maintain the existing building height. Throughout the development, the proposed building heights continue to comply with the maximum height standards of the CZO; therefore, project does not require height variance. Floor Area Ratio and Open Space Ratio The proposed project revisions include the reduction to the overall floor area from 437,035 square feet to 419,394 square feet, and a slight increase of 1,327 sq. ft. of the open space area on the ground floor level. With the addition of 3,711 sq. ft. of open space on upper floors, a total open space was increased from 46,449 sq. ft. to 50,482 sq. ft. These modifications to the development plan, as shown in table below (bold print for the revised proposal, strikeout text for the original proposal), have resulted in slight changes to the Floor to Area Ratio (FAR) and Open Space Ratio (OSR) bringing these indicators closer to the CZO standards for the District (maximum FAR of 1; minimum OSR of 0.30). FAR and OSR Square 143 Square 169 Square 143 and 169 Combined Lot Area 87,092 87, ,558 sq. ft. Floor Area Open Space Open Space including upper floors 250, ,519 17,151 15,160 25,822 26,144 FAR 2.9 OSR OSR including upper floors , ,875 7,361 10,679 20,627 24, ,035 sq. ft. 419,394 sq. ft. 24,512 sq. ft. 25,839 sq. ft. 46,449 sq. ft. 50,482 sq. ft The proposed development, however, still exceeds the maximum permitted floor area ratio (FAR) and provides less open space than required by the CZO standards. When calculating common open spaces on the upper floors toward the overall open space area, the OSR of 0.29 is almost equal to the required OSR of ZD

28 Conclusion The CZO standards relating to Maximum Height, Lot Area per Dwelling Unit, FAR, Open Space Ratio and Parking as discussed in detail in Section D of this report are intended to be considered together, as they collectively work to provide for developments which are compatible and appropriate in mass, scale, intensity and impact on the neighborhoods within which they are located. The applicant is asking for waivers of density, FAR, OSR as well as parking. The revised development plan maintains building height within the stated maximum and comes close to meeting the open space standards, when multiple and varied type of common open spaces are taken into account. The design staff continues to recommend a waiver of the minimum required OSR to allow the applicant to count all common, open green spaces into the OSR formula. The modified numbers reflecting the slight increase in the open space area are shown as the strike-out text and new numbers are shown as bold underlined text. Therefore, The developer shall be granted a waiver of Article 4, Section (refer to Article 7, Section 7.3.7), which requires a minimum Open Space Ratio (OSR) of 0.30, to permit the OSR of on the ground level. Additional of OSR of common open space areas shall be provided on the upper floors. The revised plans maintain the originally proposed number of dwelling units and the resulting development density with some minor adjustment of the number of units between the two squares. The staff continues to recommend a waiver of the Lot Area per Dwelling Unit and the FAR because, as stated earlier in Section D of this report, the project is within the prescribed height limits and is of similar massing as the adjacent development (Rice Mill, NOCCA campus); the staff believes that the proposed development density would be appropriate for this location. With the proposed reduction in the overall floor area, elimination of more than 50% of space designated for commercial use and the proposed addition of automobile and bicycle parking spaces (see discussion below), the intensity of the proposed development and its potential impact on the adjacent properties will be significantly reduced. For these reasons the staff also recommends elimination of the parking provision attached to the waivers. The eliminated language is shown as the strike-out text and new text is shown as bold underlined text. Therefore: The developer shall be granted a waiver of Article 4, Section (refer to Article 7, Section 7.3.7), which requires a minimum Lot Area per Dwelling Unit of 1,000 square feet, to permit a Lot Area per Dwelling Unit of 671 square feet for the entire development., subject to the provision of a minimum of 631 offstreet parking spaces. ZD

29 The developer shall be granted a waiver of Article 4, Section (refer to Article 7, Section 7.3.7), which requires a maximum FAR of 1, to permit an FAR of for the entire development., subject to the provision of a minimum of 631 off-street parking spaces. Parking Considerations The parking requirement for the residential units now totals 406, slightly less than the 412 previously required due to the decrease in three-bedroom units. The commercial space originally generated a parking requirement of 226 spaces. That requirement has now been reduced to 92 spaces. The parking garage parking space count has increased slightly to 271 from 252 and additional spaces have been located along Via Latrobe, the interior private street, for a total there of 30 spaces. The total number of parking spaces provided on-site is now 301. It had previously been 282. The bicycle parking has been rearranged and significantly increased from 44 spaces to 106 spaces. Thus, the development will now provide 301 or 60% of the 498 required on site vehicular parking spaces. Previously, the development included 282 or 34% of the required 638 parking spaces. The staff believes that the developer has made a significant effort to reduce the parking impact by decreasing the commercial space and increasing the number of vehicle and bicycle parking spaces. The staff contends that some waiver of parking is warranted for two reasons, if approved in combination with other management practices and infrastructure improvements which will result in additional off-site parking spaces and management of the on-site spaces to reduce the parking impact within the greater Bywater neighborhood. First, the CPC has regularly considered a one-to-one parking space to residential unit ratio as appropriate for most urban residential developments. Although the requirement was greater in the previous CZO, the CPC often recommended and the City Council often waived the residential parking requirement which exceeded the one-to-one ratio, without experiencing additional negative impacts. The following chart shows residential developments within the Bywater, Treme and Marigny neighborhoods near the subject site, with the number of residential units, the required parking and the parking waiver granted. In all but two cases, the parking requirement was waived to a number equivalent to or less than the number of residential units. In one case, the requirement was only for one space for each unit and, in one case, no parking waiver was granted. Zoning Address Residential Required Waiver Docket Units Parking ZD N. Rampart St ZD Chartres St None ZD Dauphine St ZD St. Claude Ave ZD

30 ZD Chartres St ZD Dauphine St ZD Esplanade Ave None ZD St. Claude Ave ZD Bartholomew St ZD Marigny St If this approach is applied to the residential parking requirement for the subject development, the parking requirement for the residential units could be effectively reduced to 260 rather than 406. The second reason for granting a waiver is the aforementioned inclusion of bicycle parking spaces. It remains reasonable to acknowledge the displacement factor referred to previously in this report of one vehicular parking space for each six bicycle parking spaces. Based on that factor, the inclusion of 106 bicycle parking spaces would effectively reduce vehicular parking demand by eighteen spaces. Concerns have been expressed that if parking spaces for residents are not included with the basic rental or sale prices for each residential unit, that residents may choose to rent or purchase a unit without a designated parking space included, and that this would result in residents choosing to park on neighborhood streets. Up to 260 additional residents vehicles parked on the adjacent streets would likely result in an undue additional burden on the residents living within a few blocks of the development. In an effort to reduce this likelihood, the staff recommends a proviso requiring the developer to bundle a designated parking space with each unit. The developer shall bundle a designated parking space with each residential unit to be included in the lease or sale of the unit. These measures alone could reasonable justify a waiver of 164 of the required 498 spaces. Coupled with the traffic management practices and infrastructure improvements that will be discussed later and included as provisos, the staff feels comfortable recommending a waiver of 197 of the required 498 spaces. The parking requirements based on the revised plans submitted by the applicant are noted in the chart below: OFF-STREET PARKING REQUIREMENTS Use Spaces Required per Basic Measuring Unit Apartments 1.5 for each one and two bedroom unit, 2.5 for three bedroom units Additional requirements Restaurants 1 per 150 square feet of floor area 3 spaces minimum Retail 1 per 200 square feet of floor area 3 spaces minimum Studio 1 per 400 square feet of floor area 3 spaces minimum Bakery 1 per 2 employees ZD

31 REQUIRED OFF-STREET PARKING AT THE SITE Use Quantity Required parking spaces Apartments spaces Restaurants 8,074 sq. ft. 54 spaces Retail 2,220 sq. ft. 11 spaces Studio 8,765 sq. ft. 22 spaces Bakery 10 employees 5 spaces (estimated) Total required 498 spaces Therefore, the staff recommends the following revised proviso and waiver: The developer shall dedicate a minimum of one hundred six (106) bicycle parking spaces on site. The developer shall be granted a waiver of Article 15, Section Off-Street Parking Regulations of the Comprehensive Zoning Ordinance, which requires 498 off-street parking spaces, to permit the provision of 301 off-street parking spaces. Loading The number of off-street loading spaces required for the proposed use, as required by Article 15, Section Off-Street Loading Regulations of the Comprehensive Zoning Ordinance, is presented below. REQUIRED OFF-STREET LOADING Use Floor Area Spaces required Multi-family 393,683 square feet 5 spaces Residential Restaurant, retail, 19,059 square feet 2 spaces studio Bakery 4,110 square feet 1 space Total 8 spaces As the above table indicates, the applicant is required to provide a total of eight (8) offstreet loading spaces. No designated loading spaces are proposed for the development, although the applicant anticipates that some of the parking spaces along the interior private street will at times be utilized for loading. While an eight loading space requirement may appear excessive, the number of and mix of uses in the development would be expected to generate multiple deliveries and pick-ups throughout the day. While there is considerable on street frontage where loading zones could be located along Dauphine, Royal and Montegut Streets, even with some loading occurring along the proposed interior private street, it is not reasonable to expect the adjacent streets to bear the burden of most of the loading needs. Therefore, the staff recommends that the ZD

32 applicant designate a minimum of three (3) required off-street loading spaces on the site and secure an additional three (3) with designated on-street loading zones subject to the review and approval of the Department of Public Works. The recommended revised provisos are as follows: The developer shall be granted a waiver of Article 15, Section Off-Street Loading Regulations of the Comprehensive Zoning Ordinance, which requires eight (8) off-street loading spaces, to permit the provision of a minimum of three (3) off-street loading spaces. The developer shall establish an additional three (3) on-street loading spaces along the streets abutting the site, subject to the review and approval of the Department of Public Works. Traffic Considerations The comments below are based on a review of the Transportation Impact Analysis provided by Urban Systems in relation to the Via Latrobe project bounded by Press, Dauphine, Montegut and Chartres Streets in the Bywater neighborhood and zoned as Historic Core Neighborhoods. In the Traffic Impact Analysis, Urban Systems, as instructed by Via Latrobe, analyzed the traffic impact of the development of a mixed use complex on the property currently occupied by industrial uses. Current traffic volumes were recorded on the streets and intersection that provide access to the site. The conclusion of Urban Systems was that the net impact of new traffic associated with the project is expected to have minimal impact on the streets and intersection that provide access to the Royal Lofts site. The City Planning Commission staff agrees with this analysis. However, motor vehicles were the only mode of transportation considered in the analysis performed by Urban Systems. Not included in the TIA was supporting data that the new development is well connected to the community and is easily accessible by walking, bicycling and public transit. It should be noted that Urban Systems did count pedestrian crossing at intersection adjacent to the subject site; however pedestrian trips were not analyzed. Directional Distribution of site traffic in the TIA is considered subjective and should not be considered evidence of origin or destination of trips. However, since the Level of Service is an A or B in all cases, with little delay, Directional Distribution is irrelevant. ZD

33 Below are the commute mode share stats (ACS estimates) for the Via Latrobe project census tract the third highest in the city after the Marigny Rectangle tract: New Orleans Census Trach 12 Commute Mode Share Total population, workers over % Bicycle commuters % Pedestrian commuters % Transit commuters Active Commuters % Non-Active Commuters % Parking Reduction As the third highest census tract for bicycling in the State of Louisiana, a Traffic Impact Analysis and/or site plan should consider characteristics critical to the support of a parking reduction waiver. The applicant should submit the flowing: The developer shall submit a site plan that includes multi-modal access points to the site, including bicycle and pedestrian accommodations and transit stops. Via Latrobe had provided a Parking and Transportation Demand Management Strategy that outlines several initiatives that the development could enact to manage the reduction of 197 off-street parking spaces. However, Via Latrobe has not provided a parking survey as quantitative evidence that off-street parking is underutilized as claimed in the Parking and Transportation Demand Management Strategy. A thorough parking utilization survey with parking counts taken over a four day period (one morning count, one afternoon count, one evening count and one weekend count) could support a more informed conclusion of parking utilization in the surrounding area. The applicant should provide further material: ZD