CITY PLANNING COMMISSION

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1 CITY PLANNING COMMISSION TO: HONORABLE CITY COUNCIL FROM: CITY PLANNING COMMISSION DATE: AUGUST 3, 2017 SUBJECT: REPORT AND RECOMMENDATION OF THE CITY PLANNING COMMISSION Ladies and Gentlemen: Attached hereto are: 1) Report and Recommendation of the City Planning Commission from its meeting of Tuesday, July 25, 2017 and 2) Documents filed in relation to the zoning petition. The recommendation of the Commission is described briefly below: Zoning Docket # 069/17 Applicant: Request: Location: City Council Motion M , GPD-839 Jackson Ave, LLC Request by City Council Motion M for a zoning change from an HU-RD2 Historic Urban Two-Family Residential District to an HU-B1A Historic Urban Neighborhood Business District, on Square 101, Lot 3 or an undesignated lot. Also a request by GPD- 839 Jackson Ave, LLC for a zoning change from an HU-RD2 Historic Urban Two Family Residential District to an HU-B1A Historic Urban Neighborhood Business District, on Square 101, Lot A or an undesignated lot, a 4 common alley, and the rear portion of another undesignated lot, as well as a conditional use to permit commercial short term rentals in an HU-B1A Historic Urban Neighborhood Business District, on Square 101, Lots 1, 2, 3 or an undesignated lot, A or an undesignated lot, a 4 common alley, and the rear portion of another undesignated lot. Square 101, in the Fourth Municipal District, bounded by Jackson Avenue, Laurel Street, Josephine Street, and Annunciation Street. The municipal address of the structure affected by the City Council-initiated zoning change is 837 Jackson Avenue. The municipal addresses of the structure affected by the GPD-839 Jackson Ave, LLC-initiated zoning change are Laurel Street. The municipal addresses of the structures included in the conditional use request are Jackson Avenue and Laurel Street. (PD 2)

2 CPC Deadline: 09/23/17 CC Deadline: 60 days from receipt Councilmember: Cantrell Recommendation: MODIFIED APPROVAL REASONS FOR RECOMMENDATION 1. The building at Jackson Avenue has a history of commercial usage and is currently split zoned HU-B1A and HU-RD2. Restoring a non-residential use at the location is therefore consistent with the goal, range of uses and development character of the Residential Low Density Pre-War future land use category which allows for businesses and traditional corner stores where current or former commercial use can be verified. The proposed zoning change to rectify the split zoning of this building would also correct an error or omission in the Official Zoning Map. 2. The structure located at Laurel Street was originally constructed and historically used as a two-family residence and is therefore not appropriate for commercial development as per the Residential Low Density Pre-War future land use category. The requested zoning change to HU-B1A would remove existing housing stock and convert it for commercial use that could impact the currently residential nature of this street and neighborhood. 3. While the building at Jackson Avenue has most recently been used as a multi-family residence, it has historically been utilized for business purposes and its conversion back to commercial use should not be considered a commercialization of a residential district and instead be considered keeping with the character of the neighborhood. The property at Laurel Street does not share this nonresidential history, and thus its utilization as a commercial short term rental would serve as commercial encroachment into a predominantly residential neighborhood. The proposed two commercial short term rentals at the corner property should not have substantial quality of life impacts on the neighborhood; however having four short term rentals with four separate parties of guests staying in the vicinity could generate nuisance noise, parking issues, and other impacts. Additionally, the preservation of the residential units at Laurel Street could mitigate some of the housing impacts experienced by the loss of the four units at Jackson Avenue.

3 CITY PLANNING COMMISSION CITY OF NEW ORLEANS MITCHELL J. LANDRIEU MAYOR ROBERT D. RIVERS EXECUTIVE DIRECTOR LESLIE T. ALLEY DEPUTY DIRECTOR City Planning Commission Staff Report Zoning Docket: 069/17 Executive Summary Applicant: Request: Location: City Council Motion M , GPD-839 Jackson Ave, LLC This is a request by City Council Motion M for a zoning change from an HU-RD2 Historic Urban Two-Family Residential District to an HU-B1A Historic Urban Neighborhood Business District, on Square 101, Lot 3 or an undesignated lot. Also a request by GPD-839 Jackson Ave, LLC for a zoning change from an HU-RD2 Historic Urban Two Family Residential District to an HU-B1A Historic Urban Neighborhood Business District, on Square 101, Lot A or an undesignated lot, a 4 common alley, and the rear portion of another undesignated lot, as well as a conditional use to permit commercial short term rentals in an HU-B1A Historic Urban Neighborhood Business District, on Square 101, Lots 1, 2, 3 or an undesignated lot, A or an undesignated lot, a 4 common alley, and the rear portion of another undesignated lot Jackson Avenue and Laurel Street Summary of Proposal: This request involves a Council-initiated zoning request to rectify a split-zoning condition that resulted when the property at Jackson Avenue was originally rezoned under ZD063/13. The request also involves a property-owner initiated request to rezone the adjacent property at Laurel Street from HU-RD2 Historic Urban Two Family Residential District to HU-B1A Historic Urban Neighborhood Business District and for conditional uses to authorize commercial short term rentals. The building located on the corner ( Jackson Avenue), is constructed on Lots 1, 2 and 3 or undesignated lot. The building is currently used as a multi-family residence but historic uses include a store, funeral home, and group home. Currently, Lots 1 and 2 are zoned HU-B1A and Lot 3 or undesignated lot is zoned HU-RD2. The Council-initiated portion of the request would rezone Lot 3 or an undesignated lot to HU-B1A to provide for consistent zoning across the property. The staff is supportive of this portion of the request because the property has a history of non-residential use, the proposed zoning change would correct an error ZD 069/17 1

4 or omission, and the request meets the approval standards of Article 4, Section 4.2.E. Approval Standards for map amendments, including consistency with the Master Plan. The structure located at Laurel Street is constructed upon Lot A or an undesignated Lot, a 4 foot common alley, and the rear portion of an undesignated lot. The property owner proposes to rezone this parcel to HU-B1A. This building was originally constructed and historically used as a two-family residence. The staff is not supportive of this portion of the request because there is no history of commercial use or physical characteristics that are common of non-residential structures. This request fails to meet the standards of Article 4, Section 4.2.E. Approval Standards for map amendments, including consistency with the Master Plan. In addition to the zoning change request, the property owner is requesting conditional use authorization to allow commercial short term rental on the petitioned properties. The applicant proposes two commercial short term rentals in the structure at the Jackson Avenue with four bedrooms each for a total of eight bedrooms. The applicant also proposes two commercial short term rentals in the Laurel Street building with two bedrooms each for a total of four bedrooms. While the building at Jackson Avenue has most recently been used as a multi-family residence, it has historically been utilized for business purposes and its conversion back to commercial use should not be considered a commercialization of a residential district and in keeping with the character of the neighborhood. The property at Laurel Street does not share this nonresidential history, and thus its utilization as a commercial short term rental would serve as commercial encroachment into a predominantly residential neighborhood. The proposed two commercial short term rentals at the corner property should not have substantial quality of life impacts on the neighborhood; however having four short term rentals with four separate parties of guests staying in the vicinity could generate nuisance noise, parking issues, and other impacts. Additionally, the preservation of the residential units at Laurel Street could mitigate some of the housing impacts experienced by the loss of the four units at Jackson Avenue. Therefore, the staff is supportive of the conditional use request to permit short term rentals at Jackson Avenue but is not supportive of the request to allow short term rentals at Laurel Street. Master Plan: The requested zoning change to HU-B1A and conditional use for commercial short term rentals for Lot 3 or undesignated lot ( Jackson Avenue) is consistent with the site s future land use designation of Residential Low Density Pre-War per the Master Plan as there is verified former commercial use; however, the proposed zoning change from HU-RD2 to HU-B1A and conditional use for commercial short term rentals for Lot A or an undesignated Lot, a 4 foot common alley, and the rear portion of an undesignated lot ( Laurel Street) is not consistent with the site s future land use designation of Residential Low Density ZD 069/17 2

5 Recommendation: Pre-War per the Master Plan as the structure has historically been used residentially. The staff recommends MODIFIED APPROVAL of Zoning Docket 069/17, DENYING the request for a zoning change from an HU-RD2 Historic Urban Two- Family Residential District to HU-B1A Historic Urban Neighborhood Business District and conditional use request to authorize short term rentals for Lot A or an undesignated Lot, a 4 foot common alley, and the rear portion of an undesignated lot ( Laurel Street); and APPROVING the request for a zoning change from an HU-RD2 Historic Urban Two-Family Residential District to HU-B1A Historic Urban Neighborhood Business District for Lot 3 or undesignated lot ( Jackson Avenue) and the conditional use request to authorize short term rentals on Lots 1, 2, 3 or undesignated lot, subject to 7 provisos. Reasons for Recommendation: 1. The building at Jackson Avenue has a history of commercial usage and is currently split zoned HU-B1A and HU-RD2. Restoring a non-residential use at the location is therefore consistent with the goal, range of uses and development character of the Residential Low Density Pre-War future land use category which allows for businesses and traditional corner stores where current or former commercial use can be verified. The proposed zoning change to rectify the split zoning of this building would also correct an error or omission in the Official Zoning Map. 2. The structure located at Laurel Street was originally constructed and historically used as a two-family residence and is therefore not appropriate for commercial development as per the Residential Low Density Pre-War future land use category. The requested zoning change to HU-B1A would remove existing housing stock and convert it for commercial use that could impact the currently residential nature of this street and neighborhood. 3. While the building at Jackson Avenue has most recently been used as a multi-family residence, it has historically been utilized for business purposes and its conversion back to commercial use should not be considered a commercialization of a residential district and instead be considered keeping with the character of the neighborhood. The property at Laurel Street does not share this non-residential history, and thus its utilization as a commercial short term rental would serve as commercial encroachment into a predominantly residential neighborhood. The proposed two commercial short term rentals at the corner property should not have substantial quality of life impacts on the neighborhood; however having four short term rentals with four separate parties of guests staying in the vicinity could generate nuisance noise, parking issues, and other impacts. Additionally, the preservation of the residential units at ZD 069/17 3

6 Laurel Street could mitigate some of the housing impacts experienced by the loss of the four units at Jackson Avenue. ZD 069/17 4

7 City Planning Commission Meeting CPC Deadline: 09/23/17 Tuesday, July 25, 2017 CC Deadline: 60 days from receipt City Council District: B -Cantrell Zoning Docket: 069/17 STAFF REPORT To: City Planning Commission From: Robert Rivers, Executive Director Stephen Kroll, Planning Administrator Prepared by: Brooke Perry, Aspen Nero Date: July 25, 2017 I. GENERAL INFORMATION Applicant: Request: Location: City Council Motion M , GPD-839 Jackson Ave., LLC This is a request by City Council Motion M for a zoning change from an HU-RD2 Historic Urban Two-Family Residential District to an HU-B1A Historic Urban Neighborhood Business District, on Square 101, Lot 3 for an undesignated lot. Also a request by GPD-839 Jackson Ave, LLC for a zoning change from an HU-RD2 Historic Urban Two Family Residential District to an HU-B1A Historic Urban Neighborhood Business District, on Square 101, Lot A or an undesignated lot, a 4 common alley, and the rear portion of another undesignated lot, as well as a conditional use to permit commercial short term rentals in an HU-B1A Historic Urban Neighborhood Business District, on Square 101, Lots 1, 2, 3 or an undesignated lot, A or an undesignated lot, a 4 common alley, and the rear portion of another undesignated lot. The municipal address of the structure affected by the City Council-initiated zoning change is 837 Jackson Avenue. The municipal addresses of the structure affected by the GPD-839 Jackson Ave, LLC-initiated zoning change is Laurel Street. (PD 2) Jackson Avenue and Laurel Street. Description: The subject site is located at the corner of Jackson Avenue and Laurel Street in the Lower Garden District. Lots 1, 2, and Lot 3 or Undesignated Lot which front on Jackson Avenue have an approximate lot area of 4,028 square feet and are developed with a two-story structure ( Jackson Avenue). The two-story, two-family structure located at Laurel Street is developed on Lot A or an Undesignated Lot, a 4 foot common alley, and the rear portion of an undesignated Lot with frontage on Jackson Avenue. ZD 069/17 5

8 Figure 1: Survey of site with buildings highlighted and lots labeled The two-story building at Jackson Avenue is built to the property line on Laurel Street and Jackson Avenue. The structure has an approximate floor area of 5,280 square feet and includes a two-story gallery facing Jackson Avenue. No offstreet parking is provided for this structure. While the building is currently one structure, the buildings have been separated and reconnected over the years. According to the 1885 and 1895 Sanborn maps, the corner building had a store with a canopy over the sidewalk and along the building s frontage on Laurel Street and Jackson Avenue. The building also had a balcony on the second floor level. The interior building was a single-family residence with a balcony above the first floor. A wall separated the two buildings. The 1909 Sanborn map indicates that the business was a drug store. In the 1920s, the drug store was replaced by a funeral home which continued operating into the 1980s, as shown on the 1940 and 1983 Sanborn maps. The buildings were separated by a small side yard and the front of the corner building was altered during the time that the funeral home operated at the site. The canopy and balcony were replaced with a two-story gallery facing Jackson Avenue. The interior building was still used as a single-family residence. The 1983 Sanborn map indicates that the buildings were reconnected and separated by a wall. The 1994 Sanborn map indicates that the buildings were used as a two- ZD 069/17 6

9 family residence. A group home subsequently occupied the site and closed in According to permit documents, the structure is currently a four-family residence. Figure 2: Jackson Avenue Lot A or an Undesignated Lot, fronts Laurel Street and is developed with a twostory, two-family structure with a total floor area of approximately 2,944 square feet with the municipal address Laurel Street. The building is a raised basement structure with two spaces on the lower level that could be utilized for offstreet parking. The building on Laurel Street encroaches onto another lot (undesignated lot at 833 Jackson Avenue), which is also owned by the applicant, GPD-839 Jackson Ave., LLC. According to historic Sanborn maps, this property was originally developed and historically used as a two-family residence. The applicant applied for a permit to renovate an existing three-family residential structure in 2013 but the permit was never issued and all subsequent permits refer to the structure as a double. Figure 3: Laurel Street ZD 069/17 7

10 The building located at Jackson Avenue is currently split zoned, a portion (Lot 1 and 2) is zoned HU-B1A Historic Urban Neighborhood Business District and the remainder of the building is zoned HU-RD2 Historic Urban Two-Family Residential District (Lot 3 or an undesignated lot). City Council Motion M requested a public hearing to consider a zoning change from HU-RD2 to HU-B1A for Lot 3 or an undesignated lot to rectify this split-zoning condition. The property owner has also requested a zoning change from HU-RD2 to HU-B1A for the property located at Laurel Street, which includes Lot A or an undesignated lot, a 4 foot common alley, and a portion of another undesignated lot that fronts on Jackson Avenue (833 Jackson Avenue). In addition to the zoning change request, the property owner has requested a conditional use to authorize commercial short term rentals in each structure. Figure 4: Zoning Map with requested areas highlighted The submitted plans show the Jackson Avenue structure split into two dwelling units that occupy both the first and second floors of the building. The first dwelling unit contains two bedrooms and a kitchen on the first floor and two bedrooms on the second floor. The second dwelling unit contains two bedrooms and a kitchen on first floor and two bedrooms on the second floor. The dwelling units are separated by a wall in the structure and share a common staircase area. The applicant is not proposing any off-street parking for the Jackson Avenue property. ZD 069/17 8

11 The submitted plans for the Laurel Street address show two dwelling units with similar floor plans. Each unit will have a bedroom and garage access for parking on the first floor and a kitchen and second bedroom on the second floor. The applicant is not proposing any changes to the exterior of the property on the Laurel Street or Jackson Avenue property. Why is City Planning Commission action required? Article 12 of the Comprehensive Zoning Ordinance states that a Short Term Rental, Commercial, in an HU-BlA Historic Urban Neighborhood Business District is a conditional use. The City Planning Commission is required to make a recommendation on all conditional use and zoning change applications prior to City Council action, in accordance with Article 4, Section 4.2.D.3 and Article 4, Section 4.3.D.3 Action by the City Planning Commission of the Comprehensive Zoning Ordinance. II. ANALYSIS A. What is the zoning of the surrounding areas? What is the existing land use? And how are the surrounding areas used? A portion of the petitioned site is located in an HU-B1A Historic Urban Neighborhood Business District that covers Lots 1 and 2. The remainder of the site is located in a large HU-RD2 Historic Urban Two-Family Residential District that is primarily characterized by a mixture of single- and two-family residences with occasional examples of multifamily or historic corner commercial structures. This HU-RD2 District is generally bounded by Pontchartrain Expressway, Tchoupitoulas Street, Audubon Park, and St. Charles Avenue. Within this area there are a few examples of small HU-B1A districts that contain historic corner commercial structures. The subject site is located two blocks from an HU-B1 Historic Urban Neighborhood Business District that covers those properties with frontage on Magazine Street in between Phillip Street and Race Street. These structures contain a mixture of neighborhood-serving uses located in historic structures built close or near property lines. One block from the petitioned site towards the river is an HU-MU District that covers those properties with frontage on Jackson Avenue in between Annunciation Street and Tchoupitoulas Street. This HU-MU district has a mix of residential one and two-family homes as well as a church and small businesses. ZD 069/17 9

12 Figure 5: Zoning Map The area was historically developed in the mid-nineteenth century with single- and twofamily residences with a few corner commercial structures; however, the predominant development pattern of the area remains residential. The adjacent residential uses include single- and two-family residences with a three-family residence located directly across Laurel Street from the site. A primary educational facility, ReNEW SciTech Academy is located directly across Jackson Avenue from the petitioned site. A bed and breakfast that was authorized via conditional use (ZD046-15) is located across Laurel Street from the subject property at 2125 Laurel Street. There is a corner grocery store at Laurel and Josephine Streets, on the same square with the subject site. There is a restaurant one block from the site, at the corner of Jackson Avenue and Annunciation Street. The River Gardens Development town houses are located one block from the development. Few residential properties have off-street parking, except for the River Gardens homes which have private parking areas behind the residences. ZD 069/17 10

13 B. What is the zoning and land use history of the site? Zoning: 1929 F Commercial 1953 E Neighborhood Shopping District 1970 RM-2 Multi Family Residential 2013 B1-A (Lots 1 and 2) RM-2A ( Laurel Street and Lot 3 or Undesignated Lot) Land Use: 1929 Commercial Building (Lots 1 and 2) Single-Family Residential (Lot 4 or Undesignated Lot) Two- Family Residential ( Laurel Street) 1949 Commercial Building (Lots 1 and 2) Single-Family Residential (Lot 4 or Undesignated Lot) Two Family Residential ( Laurel Street) 1999 Institutional/Public and Semi Public 1 C. Have there been any recent zoning changes or conditional uses or planned developments in the immediate area? If so, do these changes indicate any particular pattern or trend? In the past five years, there have been the following requests for zoning actions (including zoning changes, conditional use permits, and planned development districts) for properties located within 1,800 feet (approximately five blocks) of the site which the staff considers to be relevant to this application: Zoning Docket 065/13 was a request for a Zoning Change from an RM-2A Multi-Family Residential District to a B-1A Neighborhood Business District. The City Planning Commission recommended approval of the request, which was subsequently approved by the City Council. The address is 839 Jackson Avenue, a portion of the petitioned site. This case was a zoning change for the subject property at Jackson Avenue (Lots 1, 2 and 3 or undesignated lot) to change the zoning from RM-2A to B-1A to allow for commercial uses at the site. The applicant proposed to convert the first floor of the existing two-story building into a coffee shop and use the upstairs portion as two (2) apartments. The property had a history of commercial use, but lost its non-conforming use status while it was used as a group home which closed in Re-establishing commercial use of the property was consistent with the character of the area and met the requirements for a favorable recommendation under the Historic Non-Conforming Use Policy. Only Lots 1 and 2 were mapped B-1A on the Official Zoning Map, leaving Lot 3 or an undesignated lot zoned RM-2A. This discrepancy was carried over with the adoption of the new Comprehensive Zoning Ordinance, and Lots 1 and 2 were zoned HU-B1A and Lot 3 or undesignated was zoned HU-RD2. Zoning Docket 046/15 was a request for a Conditional Use to permit a bed and breakfast family home in an RM-2A Multi-Family Residential District. The City Planning 1 The 1999 Land Use Plan presented a generalized indication of land uses, and was not lot-specific. ZD 069/17 11

14 Commission recommended approval of the request, which was subsequently approved by the City Council. The address is Laurel Street, which is on the same block as the petitioned site. This case considered a conditional use for an accessory bed and breakfast for a property zoned RM-2A (former zoning) on the same block as the Laurel Street property. The applicant proposed to convert an existing two-story, two-family residential structure into an owner-occupied single-family residence to be used as a bed and breakfast family home. The applicant proposed using only one guest room in the home and continue to reside in the home and continue to utilize the property as a permanent residence. D. What is the purpose of the rezoning and what effect would it have on the adjacent land uses? Purpose of the Rezoning The purpose of the Council-initiated rezoning request is to provide the entire building at Jackson Avenue with consistent zoning across the property. The property owner is also requesting a zoning change to HU-B1A for Laurel Street so that the site can be used as a commercial short term rental. The property located at Jackson Avenue is split zoned, with approximately half of the site (Lots 1 and 2) zoned as HU-B1A Historic Neighborhood Business District and the other half (Lot 3 or Undesignated Lot) zoned as HU-RD2 Historic Urban Two-Family Residential. The applicant seeks to unify the zoning of the building and utilize the property as commercial short term rental. The property located at Laurel Street would be entirely rezoned from HU-RD2 to HU-B1A. Potential Impacts on adjacent land uses The zoning change request would expand the existing HU-B1A Neighborhood Business District into the HU-RD2 District. A rezoning would provide consistency of zoning across the entire Jackson Avenue parcel; however, it would also open the door for the property located at Laurel Street to be used commercially. The HU-RD2 Historic Urban Two-Family Residential District is intended to provide for two-family development on smaller lots in older, densely populated urban sections of the City mixed with detached single-family dwellings. Per Article 11, Section 11.2 (Table 11-1) Permitted and Conditional Uses, limited institutional uses such as places of worship, convents and monasteries, and government offices are permitted by right. For properties where former commercial use is verified, a neighborhood commercial establishment may be authorized via conditional use. The HU-B1A Neighborhood Business District is intended to address an individual parcel or small cluster of parcels in non-residential use that exist within residential areas that have historically served the neighborhood and are located on a corner, including established corner stores. These historic neighborhood business uses are consistent with the character of the surrounding neighborhood and are intended to serve the immediate area with minimal impact on the surrounding residential uses. The proposed HU-B1A Historic Urban ZD 069/17 12

15 Non-Residential District zoning change would greatly expand the permitted uses at the site to include Principal Bed and Breakfasts, Large Group Homes, Art Galleries, Arts Studios, Catering Kitchens, Small Adult or Child Day Care Centers, Financial Institutions, Offices, Personal Service Establishments, Pet Day Care Services, Specialty Restaurants, Standard Restaurants, Retail Goods Establishments, and Social Club or Lodges. Additional uses could be authorized via the conditional use process, such as commercial short term rentals, medical/dental clinics, carry-out restaurants, and the sale of alcoholic beverages in restaurants. The zoning change request for the Jackson Avenue property is extending the HU- B1A District that is currently located on half the building so that the zoning is consistent across the property. Since half the site could currently be utilized for the permitted uses in the HU-B1A District, no significant impacts should be generated by correcting this discrepancy in the zoning boundary line. The rezoning of the property located at Laurel Street would open up a property that was historically used residentially to commercial uses. While the current property owner intends to the use the property as a commercial short term rental, the proposed zoning change would allow many other uses as mentioned above. E. What are the comments from the design review staff? Existing Conditions This is an application for a zoning change from HU-RD2 to HU-B1A and conditional uses to permit commercial short term rentals. The subject site is located at the corner of Jackson Avenue and Laurel Street in the Lower Garden District. Lots 1, 2, and Lot 3 or Undesignated Lot which front on Jackson Avenue have an approximate lot area of 4,028 square feet and are developed with a two-story structure ( Jackson Avenue). The two-story, two-family structure located at Laurel Street is developed on Lot A or an Undesignated Lot, a 4 foot common alley, and the rear portion of an undesignated Lot with frontage on Jackson Avenue. The two-story building at Jackson Avenue is built along the Laurel Street and Jackson Avenue property lines. A small side yard is provided in the Annunciation Street side yard. The rear of the structure encroaches slightly onto the lot at Laurel Street. The structure has an approximate floor area of 5,280 square feet and includes a twostory gallery facing Jackson Avenue. The two-story, two-family structure at Laurel Street has a floor area of approximately 2,944 square feet. A four foot common alley separates the structure from the building located on the corner and a 2.3 foot side yard is provided on the Josephine Street side. The building is a raised basement structure with two spaces on the lower level that could be utilized for off-street parking. The building on Laurel Street encroaches onto another Lot, Undesignated Lot 4, which is also owned by the applicant, GPD-839 Jackson Ave., LLC. ZD 069/17 13

16 Proposed Conditions The submitted plans show the Jackson Avenue structure split into two dwelling units that occupy both the first and second floors of the building. The first dwelling unit contains two bedrooms and a kitchen on the first floor and two bedrooms on the second floor. The second dwelling unit contains two bedrooms and a kitchen on first floor and two bedrooms on the second floor. The dwelling units are separated by a wall in the structure and share a common staircase area. The applicant is not proposing any off-street parking for the Jackson Avenue property. The plans for the Laurel Street address show two dwelling units with similar floor plans. Each unit will have a bedroom and garage access for parking on the first floor and a kitchen and second bedroom on the second floor. The applicant is not proposing any changes to the exterior of the property on the Laurel Street or Jackson Avenue property. Compliance with Bulk, Yard, & Building Design Standards The application involves a zoning change request from HU-RD2 Historic Urban Two- Family Residential District to HU-B1A Historic Urban Neighborhood Business District. As per the use standards for commercial short term rentals of Article 20, Section 20.3.LLL., short term rentals shall be considered dwelling units for density purposes and subject to the minimum lot area per dwelling unit requirement of the applicable zoning district. The HU-B1A District requires 1,200 square feet of lot area per dwelling unit for two-family residences, therefore each property would need at least 2,400 square feet of lot area. As mentioned, the existing buildings are developed on multiple lots of record; however, if the buildings are re-subdivided onto their own lots of record, each property should meet this requirement. The lots that comprise 839 Jackson Avenue, if combined, would roughly measure 63 feet by 64 feet for a total floor area of 4,028 square feet. If Lot A or undesignated lot, the 4 foot common alley, and the rear portion of another undesignated lot were combined to place 2427 Laurel Street on a single lot of record, it would measure approximately 32 feet by 93 feet for a total area of 2,960 square feet. The staff recommends a proviso below to ensure that the properties are re-subdivided. Since the request involves existing structures, any nonconformities as to front, side, or rear yard setbacks would be grandfathered as per Article 25, Section Nonconforming Structures. None of the building design standards of Article 12, Section 12.3.B. apply to the proposed project. Use Standards The applicant proposes to operate the building at Jackson Avenue, as well as the building at Laurel Street as commercial short term rentals, which are subject to the use standards of Article 20, Section 20.3.LLL. These standards are intended to minimize potential negative impact of the use on the adjacent properties and neighborhoods. If the application is recommended for approval, the proposed short term rental use shall be subject to the following provisos: ZD 069/17 14

17 In accordance with Article 20, Section 20.3.LLL.1 Short Term Rental General Standards of the Comprehensive Zoning Ordinance: a. All short term rentals shall comply with the regulations of the Department of Safety and Permits and the Department of Finance, Bureau of Revenue. b. All short term rentals shall require a license. The license shall be prominently displayed on the front facade of the property in a location clearly visible from the street during all period of occupancy and contain the license number, the contact information for the owner or in-town property manager, the license type (Temporary, Accessory, or Commercial) and the bedroom and occupancy limit. c. Short term rentals shall not be operated outdoors, in an accessory structure, or in a recreational vehicle. d. Only one party of guests shall be permitted per short term rental unit. e. There shall be an in-town property manager if the owner or operator is out of town during the time of the rental. f. Short term rentals shall be considered dwelling units for density purposes and subject to the minimum lot area per dwelling unit requirement of the applicable zoning district. In accordance with Article 20, Section 20.3.LLL.2 Short Term Rental Commercial Standards of the Comprehensive Zoning Ordinance: a. A short term rental license shall be secured prior to operation; and short term rental operators shall comply with all applicable license requirements provided in the Code of the City of New Orleans. b. The license shall be prominently displayed on the front facade of the property in a location clearly visible from the street during all period of occupancy and contain the license number, the contact information for the owner or in-town property manager, the license type (Temporary, Accessory, or Commercial) and the bedroom and occupancy limit. c. Up to five (5) bedrooms may be rented to guests and occupancy shall be limited to two (2) guests per bedroom with a maximum ten (10) guests. The plans shall be revised to denote guest bedrooms. d. No signs are allowed for a Commercial Short Term Rental. Refuse and Service Areas On the plans submitted by the applicant no refuse and storage areas are shown. Article 23, Section A of the CZO states that all refuse and recycling containers shall be located within the structure or fully enclosed on three sides by a solid fence, a masonry wall, or principal structure wall seven feet in height with a gated enclosure. To ensure compliance, the staff recommends the following proviso if the conditional uses are approved: All trash storage areas shall located within the structure or fully enclosed on three (3) sides by a solid fence, a masonry wall, or principal structure wall seven (7) feet in height with a gated enclosure in accordance with Article 23, Section A of the Comprehensive Zoning Ordinance. ZD 069/17 15

18 Environmental Standards The proposed conditional use meets all environmental performance standards listed in Article 21, Section These standards either do not apply to the nature of the proposed use (vibration, dust and air pollution, regulated materials, proper drainage, fire and explosion hazards), or will be addressed by the recommended provisos listed above in this report (litter control and noise). Parking and Loading The required and proposed parking and loading facilities are detailed in Section F of this report. Landscaping & Stormwater The applicant has not submitted a landscaping plan for the property. Article 23 of the Comprehensive Zoning Ordinance contains requirements for landscaping, stormwater management, and screening. Landscaping is required when a front yard of more than 10 feet is provided (as per Article 23, Section 23.6), or when a parking lot of 10 or more spaces is provided (as per Article 23, Section 23.7). Since the proposed structure would not provide a front yard depth of 10 feet or more and off-street parking is not provided, the landscape requirements do not apply to this project. Article 23, Section 23.A of the Comprehensive Zoning ordinance requires new developments or significant redevelopment with over 5,000 square feet of impervious surface, or on sites greater than an acre to submit a Stormwater Management Plan showing compliance with the requirement to retain, detain and filter the first 1.25 inches of stormwater runoff during each rain event. The proposed development would have less than 5,000 square feet of impervious surfaces and thus a stormwater management plan would not be required. Signage Currently, the subject property does not have any signage, nor was any included as a part of this request. No signs are allowed for a Commercial Short Term Rental as set forth by Article 20.3.LLL.2. Miscellaneous As mentioned previously in this report, the site contains multiple lots of record. The staff recommends the following proviso to ensure all activities are on the same lot as the main use and to address building code issues with building openings across lot lines. The Jackson Avenue property has one building across three lots: Lot 1, Lot 2, and Undesignated Lot 5. The Laurel Street property has a building that encroaches beyond Undesignated Lot A to Undesignated Lot 4, which fronts on Jackson Avenue and is owned by the applicant, GPD- 839 Jackson Ave., LLC. The applicant shall re-subdivide all lots into a single lot of record for the Jackson ZD 069/17 16

19 Avenue building and a single lot of record for the Laurel Street building. The resubdivision application shall be submitted prior to the finalization of the conditional use. The re-subdivision shall be finalized prior to the issuance of a Certificate of Use and Occupancy by the Department of Safety and Permits. To ensure the Department of Safety and Permits does not issue building permits that are contradictory to the requirements of the conditional use; the staff recommends the following proviso: 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 4, Section 4.3.H.2 of the Comprehensive Zoning Ordinance will void the conditional use approval. F. What impact will the proposed conditional use have on the transportation system, if any? What are the off-street parking and off-street loading requirements? Can they be provided on site? If not, is a waiver required? Traffic The subject site is located at the corner of Jackson Avenue and Laurel Street in the Lower Garden District. Jackson Avenue is a two-way, minor local street with one lane of traffic in each direction as well as a bike lane in each direction with on-street parking on each side of the street. Jackson Avenue intersects with St. Charles Avenue, a two-way major local street with transit service provided by the RTA s St. Charles Streetcar. Jackson Avenue also intersects further lake bound with Claiborne Avenue, a state highway. Laurel Street is a one-way local street with parking on both sides of the street that begins at Exposition Boulevard and meets its terminus at the Felicity Street intersection downriver bound. The subject square abuts Josephine Street, a local one-way street with traffic traveling lake bound, and Annunciation Street, a local one-way street with traffic traveling river bound. The nearest lake/river bound transit service to the property is provided by RTA s 91 Jackson-Esplanade bus line along Jackson Ave located one block from the petitioned site. The closest down/upriver transit service is provided by the RTA s 11 bus line along Magazine Street, which is located two blocks from the subject site. The property owner proposes to convert the building at Jackson Avenue into two commercial short term rentals with two additional commercial short term rentals at Laurel Street. A short term rental could be expected to generate a low level of traffic in the vicinity of the site. Short term rentals serve out of town guests who may arrive without a personal vehicle. Given the nature and the size of the uses, the amount of traffic that would be generated would not be greater than if the properties continued to operate as residential dwelling units. Jackson Avenue, Laurel Street, Annunciation Street, and Josephine Street provide connections to other areas of the city and should be able to accommodate any additional traffic. However, a higher intensity zoning change to HU- ZD 069/17 17

20 B1A would open the property up to uses that would create a higher level of traffic than the use the applicant is proposing that could impact the neighborhood. Parking The proposed development includes three commercial short term rentals with a total of eight bedrooms in the Jackson Avenue building and four in the Laurel Street building. Short term rentals are required to provide one vehicle space per two guest rooms and one bicycle space per five rooms. The proposed development would be required to provide four vehicle spaces for the Jackson Avenue property and two spaces for the Laurel Street property. The Laurel Street property is proposing two off-street vehicle parking spaces. As per Article 22, Section 22.5.A the HU-B1A District is exempt from the vehicle parking requirements of Table 22-1 and thus no spaces are required; however, two bicycle parking spaces would be required. If the application is approved, the staff recommends the following proviso: The applicant shall indicate the installation of short-term bicycle parking spaces, as set forth in Article 22, Section 22.6 (Table 22-1) of the Comprehensive Zoning Ordinance, on the final plans submitted to the City Planning Commission, subject to the approval of the Department of Public Works to place bicycle parking in the public right-of-way. The design of bicycle parking spaces shall comply with the requirements as set forth in Article 22, Section 22.9 of the Comprehensive Zoning Ordinance. Loading No off-street loading spaces are proposed for the site. Pursuant to Article 22, Section 22.7.C, Historic Urban Neighborhoods are exempt from all off-street loading requirements. G. What are the comments from other agencies/departments/committees? Planning Advisory Committee The proposal was considered at the Planning Advisory Committee meeting on July 5, The representative of the Historic District Landmarks Commission cited a violation of surface mounted windows on the Laurel Street property and asked for this violation to be addressed. The representative of the Department of Public Works noted that the broken sidewalk panels should be restored. The representative of Parks and Parkways noted that landscaping should be restored to the public rights of way and suggested the planting of a street tree in accordance with city sewer lines. It should be mentioned that per Article 23, Section 23.11, historic urban residential and non-residential districts do not require trees in the public right-of-way. The Committee passed a motion of no objection subject to further review by the City Planning Commission, Historic District Landmarks Commission, Department of Public Works, Sewerage and Water Board, and Parks and Parkways. If approved, the staff recommends the following proviso: ZD 069/17 18

21 The applicant shall restore the sidewalks and curbs on all street frontages located within the public right-of-way adjacent to the site, subject to the review and approval of the Department of Public Works. H. What effects/impacts would the proposed conditional use have on adjacent properties? The negative impacts associated with short term rentals include commercialization of residential districts, neighborhood quality of life impacts, the changing the character of neighborhoods, and the reduction of housing. While the building at Jackson Avenue has most recently been used as a multi-family residence, it has historically been utilized for business purposes and its conversion back to commercial use should not be considered a commercialization of a residential district and in keeping with the character of the neighborhood. The property at Laurel Street does not share this nonresidential history, and thus its utilization as a commercial short term rental would serve as commercial encroachment into a predominantly residential neighborhood. The proposed two commercial short term rentals at the corner property should not have substantial quality of life impacts on the neighborhood; however having four short term rentals with four separate parties of guests staying in the vicinity could generate nuisance noise, parking issues, and other impacts. Unlike other forms of short term rentals, a commercial short term rental does not require the property owner to be present during a party s stay. Thus, the proposed uses could generate high volumes of noise and activity in the neighborhood from guests staying at the short term rentals. Additionally, the preservation of the residential units at Laurel Street could mitigate some of the housing impacts experienced by the loss of the four units at Jackson Avenue. Allowing four commercial short term rentals in an area that is predominantly residential and is directly adjacent to residential properties could be detrimental to the quality of life of existing residents. I. Can the zoning change request be considered a spot zone? Does it fall within the Historic Non-Conforming Use Policy? The terms spot zone and spot zoning refer to zoning changes which have the effect of singling out a lot or other relatively small tracts of land for treatment different from similar surrounding parcels. These zoning changes have the effect of granting preferential treatment to those spot zoned parcels which is not also granted to similarly-situated surrounding properties. Due to this preferential treatment, the Commission is generally not supportive of spot zoning. The request for the property at Jackson Avenue is not considered a spot zone because it is extending the HU-B1A District that is currently located on half the building so that the zoning is consistent across the property. In contrast, the rezoning request for Laurel Street would single out that residential property for treatment that is different from the other residential properties in the same zoning district, and therefore is considered to be a spot zone. In determining whether the spot zoning of any particular property is appropriate, the Commission uses its Historic Non-Conforming Use Policy to guide its analysis. This policy contains criteria which are used to identify historic commercial, industrial/warehouse, and institutional properties which should be zoned differently from surrounding properties. It ZD 069/17 19

22 evaluates individual applications based on their compliance with general and specific criteria. The requirements for requests involving historically commercial properties are listed below in italicized font, while the staff's comments on the extent to which the property located at Laurel Street meets those requirements are listed in plain text. General A. The request is consistent with The Plan for the 21 st Century. B. The petition is in harmony with the historic character of the surrounding neighborhood. C. The request serves neighborhood need. D. The property has a history of non-residential use. The Laurel Street property has no history of commercial use and been used as a residential property since its construction. The zoning change request for the Laurel Street property is not consistent with the Master Plan as it deviates from its historic residential use and is not in harmony with the historic character of the neighborhood. Specific: 1. Historically commercial properties are often developed with the following characteristics: a. The building is built to the sidewalk and frames the corner. b. The building entrance is visible from both streets, typically at an angle at the corner. c. The building has an overhang, gallery, balcony, or canopy over the sidewalks. d. The building has display windows, rather than large blank walls. 2. The petitioned zoning classification must be the most restrictive available to accommodate the class of uses to serve the neighborhood. The Laurel Street property has always been used residentially and resembles a two-family residence. It does not exhibit any commercial property characteristics. The property fronts on Laurel Street, is not on a corner, and therefore is not visible from both streets. The requested HU-B1A Historic Urban Neighborhood Business District is the most restrictive to accommodate uses that will serve the neighborhood. The Laurel Street property has never had a history of commercial use and therefore does not meet the Historic Non-Conforming Use Policy and does not warrant a favorable recommendation. ZD 069/17 20

23 J. Compliance with approval standards The City Planning Commission recommendation and the City Council decision on any zoning map amendment or conditional use are matters of legislative discretion. In making their recommendation and decision, the City Planning Commission and the City Council shall consider the standards contained in the following sections of the Comprehensive Zoning Ordinance: Article 4, Section 4.2.E Approval Standards as it relates to the requested zoning change, as well as Article 4, Section 4.3.F Approval Standards as it relates to the requested conditional use. In this section, the staff evaluates the application using those standards. Standards for Approval - Zoning Change The proposed amendment is compatible with the Master Plan and Future Land Use Map. This standard is met for the Council-initiated portion of the request but not the ownerinitiated portion of the request. 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 area to be rezoned as Residential Low Density Pre-War. The goal, range of uses, and development character for that designation are copied below: RESIDENTIAL LOW DENSITY PRE-WAR Goal: Preserve the scale and character of pre-war (WWII) residential neighborhoods of lower density where the predominant use is single and two-family residential and allow for compatible infill development. Discourage the development of additional multifamily housing that is out of scale with existing character. Range of Uses: New development generally limited to single or two-family dwellings, and preservation of existing multi-family buildings. Businesses and traditional corner stores may be allowed where current or former commercial use is verified. Supporting public recreational and community facilities (e.g., schools and places of worship) also allowed. Conversion to multifamily may be allowed for certain existing historic institutional, commercial or other non-residential buildings. Development Character: New development will fit with the character and scale of surrounding residential neighborhoods where structures are typically located on smaller lots and have minimal front and side setbacks. Maximum density of 24 units/acre. The petitioned property at Jackson Avenue has a history of commercial usage prior to The proposed zoning change to rectify the split zoning of this building is therefore consistent with the goal, range of uses and development character of the Residential Low Density Pre-War future land use category which allows for businesses and traditional corner stores where current or former commercial use can be verified. The ZD 069/17 21

24 property located at Laurel Street does not have any verified history of commercial use and therefore a zoning change to HU-B1A would not be supported within the range of uses. The proposed amendment is compatible with the place designations of this Ordinance. This standard is met. Historic Urban Neighborhoods are those areas of the city that were developed predominantly in the mid to late 19th century, which are characterized by a higher density and pedestrian scale environment. The proposed amendment requests a Historic Urban Neighborhood Non-Residential District, which is compatible with the place designation of the area. The proposed zoning change is compatible with the place designation. The proposed amendment is compatible with existing use and zoning of nearby property. This standard is met for the Council-initiated portion of the request but not the ownerinitiated portion of the request. While the building located at the corner of Jackson and Laurel Streets has historically been used commercially, the property with frontage on Laurel Street does not. Corner commercial stores are common in historic urban neighborhoods; however, commercial uses are typically restricted to corners and do not encroach into interior lots. The re-zoning of the corner commercial property at Jackson Avenue should be compatible with the neighborhood but the proposed re-zoning of the property Laurel Street would not be common for the area and could potentially set an undesirable precedent of commercial expansion into neighborhoods. The proposed amendment promotes the public health, safety and welfare of the City. This standard is met for the Council-initiated portion of the request but not the ownerinitiated portion of the request. While the proposal for the corner property is consistent with the Master Plan, the Laurel Street proposal that is not consistent with the Master Plan cannot be considered to promote the public health, safety and welfare of the City. The proposed amendment is a more suitable zoning classification for the property than the current classification. This standard is met for the Council-initiated portion of the request but not the ownerinitiated portion of the request. The building at Jackson Avenue has a history of commercial use and is therefore more suitable for commercial development. The structure located at Laurel Street was originally constructed and historically used as a two-family residence and is therefore not appropriate for commercial development. Based upon the length of time that the property in question has been vacant, the proposed amendment is a more suitable zoning classification for the property than the current classification considered in the context of development in the area where ZD 069/17 22

25 the property is located. This standard is not met. While both properties experienced periods of vacancy post- Katrina, they have been rehabilitated and could be utilized residentially without requiring a zoning change; however, the corner property s zoning change is more appropriate given the previous commercial use of the property. The proposed amendment corrects an error or omission, adds clarification to existing requirements, or reflects a change in policy. This standard is met for the Council-initiated portion of the request but not the ownerinitiated portion of the request. As mentioned, Zoning Docket 065/13 rezoned the entire property at Jackson Avenue (Lots 1, 2 and 3 or undesignated lot) from RM-2A Multi-Family Residential District to a B-1A Neighborhood Business District; however, only Lots 1 and 2 were mapped B-1A. This discrepancy was carried over with the adoption of the new Comprehensive Zoning Ordinance, and thus rectifying the split zoning would correct an error. The property located at Laurel Street has never been used or zoned commercially and rezoning the property would not correct an error or omission, add clarification to existing requirements, or reflect a change in policy. The proposed amendment benefits the citizens of the City as a whole. This standard is met for the Council-initiated portion of the request but not the ownerinitiated portion of the request. The proposed zoning change for Jackson Avenue would unify the zoning for the entire property and allow a structure that was historically used commercially to be utilized in a manner consistent with its historic use. The zoning change request for Laurel Street would convert a historically residential structure to commercial use. This would be detrimental to the citizens of the City as it would eliminate existing residential housing stock for permanent residents. The proposed amendment provides a more workable way to achieve the intent and purposes of this Ordinance and the Master Plan. This standard is met for the Council-initiated portion of the request but not the ownerinitiated portion of the request. The Ordinance and Master Plan encourage preservation and re-use of existing buildings. The Jackson Avenue portion of the site, while zoned residentially, historically operated as part of a commercial use. In addition, the proposed amendment rectifies a problem whereby the parcel has had two distinct zoning designations despite operating as a single use. The property at Laurel Street has not historically been used commercially and thus cannot be supported within the range of uses of the Residential Low Density Pre-War designation. The proposed amendment does not create a significant number of nonconformities. This standard is met. The proposed amendment would not create a non-conformity. ZD 069/17 23

26 The proposed amendment is compatible with the trend of development, if any, in the general area of the property in question. This standard is met. In the past five years, the surrounding area has seen a mixture of single-family, two-family, multi-family, and commercial development. According to permit data for structural renovations, change of use permits, and new construction 59% of permits were for single-family development, 15% were for two-family, 15% were for multi-family, and 11% were for business uses. While the staff found that the majority of development was residential, there was an inclusion of business uses as well, indicating a mixed-use area. Standards for Approval - Conditional Use The proposed use at the specified location is consistent with the policies embodied in the adopted Master Plan. This standard is met for the property at Jackson Avenue portion of the request but not the Laurel Street portion of the request. 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 area to be rezoned as Residential Low Density Pre- War. The goal, range of uses, and development character for that designation are copied below: RESIDENTIAL LOW DENSITY PRE-WAR Goal: Preserve the scale and character of pre-war (WWII) residential neighborhoods of lower density where the predominant use is single and two-family residential and allow for compatible infill development. Discourage the development of additional multifamily housing that is out of scale with existing character. Range of Uses: New development generally limited to single or two-family dwellings, and preservation of existing multi-family buildings. Businesses and traditional corner stores may be allowed where current or former commercial use is verified. Supporting public recreational and community facilities (e.g., schools and places of worship) also allowed. Conversion to multifamily may be allowed for certain existing historic institutional, commercial or other non-residential buildings. Development Character: New development will fit with the character and scale of surrounding residential neighborhoods where structures are typically located on smaller lots and have minimal front and side setbacks. Maximum density of 24 units/acre. The petitioned property at Jackson Avenue has a history of commercial usage prior to The commercial use of this building is therefore consistent with the goal, range of uses and development character of the Residential Low Density Pre-War future land use category which allows for commercial uses where current or former commercial ZD 069/17 24

27 use can be verified. The property located at Laurel Street does not have any verified history of commercial use and therefore a commercial short term rental would not be supported within the range of uses. The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations. This standard is met for the property at Jackson Avenue portion of the request but not the Laurel Street portion of the request. The Jackson Avenue property is partially zoned HU-B1A Historic Urban Neighborhood Business District, which is intended to address an individual parcel or small cluster of parcels in non-residential use that exist within residential areas that have historically served the neighborhood and are located on a corner. The proposed commercial use of the property is consistent with this intent. The remainder of the site is zoned HU-RD2 Historic Urban Two-Family Residential District, which is intended to provide for two-family development on smaller lots in older, densely populated urban sections of the City mixed with detached single-family dwellings. Within this district, limited non-residential uses such as places of worship, historic neighborhood commercial establishments, and recreational facilities that are compatible with surrounding residential neighborhoods may be allowed. Since the Jackson Avenue property was historically a commercial establishment, the proposed use is still consistent with the intent of this district. The Laurel Street property does not have any history of nonresidential use, therefore any commercial use would not be appropriate. The proposed use meets all standards specifically applicable to the use as set forth in Article 20 and all environmental performance standards of Section This standard could potentially be met with the institution of the provisos listed in this report that address the use standards for commercial short term rentals. The proposed conditional use meets all environmental performance standards listed in Article 21, Section These standards either do not apply to the nature of the proposed use (vibration, dust and air pollution, regulated materials, proper drainage, fire and explosion hazards), or will be addressed by the recommended provisos listed above in this report (litter control and noise). The proposed use is compatible with and preserves the character and integrity of adjacent development and neighborhoods and, as required by the particular circumstances, includes improvements or modifications either on-site or within the public right-of-way to mitigate development-related adverse impacts. This standard is met for the property at Jackson Avenue portion of the request but not the Laurel Street portion of the request. The property located at the corner of Jackson Avenue and Laurel Street has historically been used commercially and is currently partially zoned HU-B1A, which allows other commercial uses by right that could be more intensive than the proposed use. The property at Laurel Street, does not have a history of commercial use and fronts Laurel Street, which is predominantly residential. Any commercial use at the Laurel Street property would not be appropriate and ZD 069/17 25

28 no modifications are available to mitigate the impacts of this historically residential property being converted for commercial use. Any variance of zoning standards meets the approval standards of Section 4.6.F. This standard is met. No variances are required for the proposed conditional uses. The proposed use is not materially detrimental to the public health, safety, and welfare, or results in material damage or prejudice to other property in the vicinity. This standard is met for the property at Jackson Avenue portion of the request but not the Laurel Street portion of the request. The negative impacts associated with short term rentals include commercialization of residential districts, neighborhood quality of life impacts, the changing the character of neighborhoods, and the reduction of housing. While the building at Jackson Avenue has most recently been used as a multi-family residence, it has historically been utilized for business purposes and its conversion back to commercial use should not be considered a commercialization of a residential district and in keeping with the character of the neighborhood. The property at Laurel Street does not share this non-residential history, and thus its utilization as a commercial short term rental would serve as commercial encroachment into a predominantly residential neighborhood. The proposed two commercial short term rentals at the corner property should not have substantial quality of life impacts on the neighborhood; however having four short term rentals with four separate parties of guests staying in the vicinity could generate nuisance noise, parking issues, and other impacts. Additionally, the preservation of the residential units at Laurel Street could mitigate some of the housing impacts experienced by the loss of the four units at Jackson Avenue. IV. SUMMARY This request involves a Council-initiated zoning request to rectify a split-zoning condition that resulted when the property at Jackson Avenue was originally rezoned under ZD063/13. The request also involves a property-owner initiated request to rezone the adjacent property at Laurel Street from HU-RD2 Historic Urban Two Family Residential District to HU-B1A Historic Urban Neighborhood Business District and for conditional uses to authorize commercial short term rentals. The building located on the corner ( Jackson Avenue), is constructed on Lots 1, 2 and 3 or undesignated lot. The building is currently used as a multi-family residence but historic uses include a store, funeral home, and group home. Currently, Lots 1 and 2 are zoned HU-B1A and Lot 3 or undesignated lot is zoned HU-RD2. The Council-initiated portion of the request would rezone Lot 3 or an undesignated lot to HU-B1A to provide for consistent zoning across the property. The staff is supportive of this portion of the request because the property has a history of non-residential use, the proposed zoning change would correct an error or omission, and the request meets the approval standards of Article 4, Section 4.2.E. Approval Standards for map amendments, including consistency with the Master Plan. ZD 069/17 26

29 The structure located at Laurel Street is constructed upon Lot A or an undesignated Lot, a 4 foot common alley, and the rear portion of an undesignated lot. The property owner proposes to rezone this parcel to HU-B1A. This building was originally constructed and historically used as a two-family residence. The staff is not supportive of this portion of the request because there is no history of commercial use or physical characteristics that are common of non-residential structures. This request fails to meet the standards of Article 4, Section 4.2.E. Approval Standards for map amendments, including consistency with the Master Plan. In addition to the zoning change request, the property owner is requesting conditional use authorization to allow commercial short term rental on the petitioned properties. The applicant proposes two commercial short term rentals in the structure at the Jackson Avenue with four bedrooms each for a total of eight bedrooms. The applicant also proposes two commercial short term rentals in the Laurel Street building with two bedrooms each for a total of four bedrooms. While the building at Jackson Avenue has most recently been used as a multi-family residence, it has historically been utilized for business purposes and its conversion back to commercial use should not be considered a commercialization of a residential district and in keeping with the character of the neighborhood. The property at Laurel Street does not share this nonresidential history, and thus its utilization as a commercial short term rental would serve as commercial encroachment into a predominantly residential neighborhood. The proposed two commercial short term rentals at the corner property should not have substantial quality of life impacts on the neighborhood; however having four short term rentals with four separate parties of guests staying in the vicinity could generate nuisance noise, parking issues, and other impacts. Additionally, the preservation of the residential units at Laurel Street could mitigate some of the housing impacts experienced by the loss of the four units at Jackson Avenue. Therefore, the staff is supportive of the conditional use request to permit short term rentals at Jackson Avenue but is not supportive of the request to allow short term rentals at Laurel Street. V. PRELIMINARY STAFF RECOMMENDATION 2 The staff recommends MODIFIED APPROVAL of Zoning Docket 069/17, DENYING the request for a zoning change from an HU-RD2 Historic Urban Two-Family Residential District to HU-B1A Historic Urban Neighborhood Business District and conditional use request to authorize short term rentals for Lot A or an undesignated Lot, a 4 foot common alley, and the rear portion of an undesignated lot ( Laurel Street); and APPROVING the request for a zoning change from an HU-RD2 Historic Urban Two- Family Residential District to HU-B1A Historic Urban Neighborhood Business District for Lot 3 or undesignated lot ( Jackson Avenue) and the conditional use request to authorize short term rentals on Lots 1, 2, 3 or undesignated lot, subject to 7 provisos: Provisos 2 Subject to modification by the City Planning Commission ZD 069/17 27

30 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 4, Section 4.3.H.2 of the Comprehensive Zoning Ordinance will void the conditional use approval. 2. In accordance with Article 20, Section 20.3.LLL.1 Short Term Rental General Standards of the Comprehensive Zoning Ordinance: a. All short term rentals shall comply with the regulations of the Department of Safety and Permits and the Department of Finance, Bureau of Revenue. b. All short term rentals shall require a license. The license shall be prominently displayed on the front facade of the property in a location clearly visible from the street during all period of occupancy and contain the license number, the contact information for the owner or in-town property manager, the license type (Temporary, Accessory, or Commercial) and the bedroom and occupancy limit. c. Short term rentals shall not be operated outdoors, in an accessory structure, or in a recreational vehicle. d. Only one party of guests shall be permitted per short term rental unit. e. There shall be an in-town property manager if the owner or operator is out of town during the time of the rental. f. Short term rentals shall be considered dwelling units for density purposes and subject to the minimum lot area per dwelling unit requirement of the applicable zoning district. 3. In accordance with Article 20, Section 20.3.LLL.2 Short Term Rental Commercial Standards of the Comprehensive Zoning Ordinance: a. A short term rental license shall be secured prior to operation; and short term rental operators shall comply with all applicable license requirements provided in the Code of the City of New Orleans. b. The license shall be prominently displayed on the front facade of the property in a location clearly visible from the street during all period of occupancy and contain the license number, the contact information for the owner or in-town property manager, the license type (Temporary, Accessory, or Commercial) and the bedroom and occupancy limit. c. Up to five (5) bedrooms may be rented to guests and occupancy shall be limited to two (2) guests per bedroom with a maximum ten (10) guests. The plans shall be revised to denote guest bedrooms. d. No signs are allowed for a Commercial Short Term Rental. 4. All trash storage areas shall located within the structure or fully enclosed on three (3) sides by a solid fence, a masonry wall, or principal structure wall seven (7) feet in height with a gated enclosure in accordance with Article 23, Section A of the Comprehensive Zoning Ordinance. ZD 069/17 28

31 5. The applicant shall re-subdivide all lots into a single lot of record for the Jackson Avenue building and a single lot of record for the Laurel Street building. The resubdivision application shall be submitted prior to the finalization of the conditional use. The re-subdivision shall be finalized prior to the issuance of a Certificate of Use and Occupancy by the Department of Safety and Permits. 6. The applicant shall indicate the installation of short-term bicycle parking spaces, as set forth in Article 22, Section 22.6 (Table 22-1) of the Comprehensive Zoning Ordinance, on the final plans submitted to the City Planning Commission, subject to the approval of the Department of Public Works to place bicycle parking in the public right-of-way. The design of bicycle parking spaces shall comply with the requirements as set forth in Article 22, Section 22.9 of the Comprehensive Zoning Ordinance. 7. The applicant shall restore the sidewalks and curbs on all street frontages located within the public right-of-way adjacent to the site, subject to the review and approval of the Department of Public Works. VI. REASONS FOR RECOMMENDATION 3 1. The building at Jackson Avenue has a history of commercial usage and is currently split zoned HU-B1A and HU-RD2. Restoring a non-residential use at the location is therefore consistent with the goal, range of uses and development character of the Residential Low Density Pre-War future land use category which allows for businesses and traditional corner stores where current or former commercial use can be verified. The proposed zoning change to rectify the split zoning of this building would also correct an error or omission in the Official Zoning Map. 2. The structure located at Laurel Street was originally constructed and historically used as a two-family residence and is therefore not appropriate for commercial development as per the Residential Low Density Pre-War future land use category. The requested zoning change to HU-B1A would remove existing housing stock and convert it for commercial use that could impact the currently residential nature of this street and neighborhood. 3. While the building at Jackson Avenue has most recently been used as a multifamily residence, it has historically been utilized for business purposes and its conversion back to commercial use should not be considered a commercialization of a residential district and instead be considered keeping with the character of the neighborhood. The property at Laurel Street does not share this nonresidential history, and thus its utilization as a commercial short term rental would serve as commercial encroachment into a predominantly residential neighborhood. The proposed two commercial short term rentals at the corner property should not have substantial quality of life impacts on the neighborhood; however having four short term 3 Subject to modification by the City Planning Commission ZD 069/17 29

32 rentals with four separate parties of guests staying in the vicinity could generate nuisance noise, parking issues, and other impacts. Additionally, the preservation of the residential units at Laurel Street could mitigate some of the housing impacts experienced by the loss of the four units at Jackson Avenue. VII. CITY PLANNING COMMISSION MEETING (July 25, 2017) Provisos The Principal City Planner summarized the request, stating the staff s recommendation of modified approval. The applicant spoke in favor of the request, no one spoke in opposition. Commissioner Wedberg made a motion to accept the staff s recommendation. The motion was seconded by Commissioner Brown and was adopted. Motion BE IT MOVED BY THE CITY PLANNING COMMISSION THAT ZONING DOCKET 069/17 IS HEREBY RECOMMENDED FOR MODIFIED APPROVAL; DENYING THE REQUEST FOR A ZONING CHANGE FROM AN HU-RD2 HISTORIC URBAN TWO-FAMILY RESIDENTIAL DISTRICT TO HU-B1A HISTORIC URBAN NEIGHBORHOOD BUSINESS DISTRICT AND CONDITIONAL USE REQUEST TO AUTHORIZE SHORT TERM RENTALS FOR LOT A OR AN UNDESIGNATED LOT, A 4 FOOT COMMON ALLEY, AND THE REAR PORTION OF AN UNDESIGNATED LOT ( LAUREL STREET); AND APPROVING THE REQUEST FOR A ZONING CHANGE FROM AN HU-RD2 HISTORIC URBAN TWO-FAMILY RESIDENTIAL DISTRICT TO HU-B1A HISTORIC URBAN NEIGHBORHOOD BUSINESS DISTRICT FOR LOT 3 OR UNDESIGNATED LOT ( JACKSON AVENUE) AND THE CONDITIONAL USE REQUEST TO AUTHORIZE SHORT TERM RENTALS ON LOTS 1, 2, 3 OR UNDESIGNATED LOT, SUBJECT TO SEVEN (7) PROVISOS. BE IT FURTHER MOVED THAT THE EXECUTIVE DIRECTOR IS HEREBY AUTHORIZED TO NOTIFY THE CITY COUNCIL OF SAID ACTION. 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 4, Section 4.3.H.2 of the Comprehensive Zoning Ordinance will void the conditional use approval. 2. In accordance with Article 20, Section 20.3.LLL.1 Short Term Rental General Standards of the Comprehensive Zoning Ordinance: a. All short term rentals shall comply with the regulations of the Department of Safety and Permits and the Department of Finance, Bureau of Revenue. ZD 069/17 30

33 b. All short term rentals shall require a license. The license shall be prominently displayed on the front facade of the property in a location clearly visible from the street during all period of occupancy and contain the license number, the contact information for the owner or in-town property manager, the license type (Temporary, Accessory, or Commercial) and the bedroom and occupancy limit. c. Short term rentals shall not be operated outdoors, in an accessory structure, or in a recreational vehicle. d. Only one party of guests shall be permitted per short term rental unit. e. There shall be an in-town property manager if the owner or operator is out of town during the time of the rental. f. Short term rentals shall be considered dwelling units for density purposes and subject to the minimum lot area per dwelling unit requirement of the applicable zoning district. 3. In accordance with Article 20, Section 20.3.LLL.2 Short Term Rental Commercial Standards of the Comprehensive Zoning Ordinance: a. A short term rental license shall be secured prior to operation; and short term rental operators shall comply with all applicable license requirements provided in the Code of the City of New Orleans. b. The license shall be prominently displayed on the front facade of the property in a location clearly visible from the street during all period of occupancy and contain the license number, the contact information for the owner or in-town property manager, the license type (Temporary, Accessory, or Commercial) and the bedroom and occupancy limit. c. Up to five (5) bedrooms may be rented to guests and occupancy shall be limited to two (2) guests per bedroom with a maximum ten (10) guests. The plans shall be revised to denote guest bedrooms. d. No signs are allowed for a Commercial Short Term Rental. 4. All trash storage areas shall located within the structure or fully enclosed on three (3) sides by a solid fence, a masonry wall, or principal structure wall seven (7) feet in height with a gated enclosure in accordance with Article 23, Section A of the Comprehensive Zoning Ordinance. 5. The applicant shall re-subdivide all lots into a single lot of record for the Jackson Avenue building and a single lot of record for the Laurel Street building. The resubdivision application shall be submitted prior to the finalization of the conditional use. The re-subdivision shall be finalized prior to the issuance of a Certificate of Use and Occupancy by the Department of Safety and Permits. 6. The applicant shall indicate the installation of short-term bicycle parking spaces, as set forth in Article 22, Section 22.6 (Table 22-1) of the Comprehensive Zoning Ordinance, on the final plans submitted to the City Planning Commission, subject to the approval of the Department of Public Works to place bicycle parking in the public right-of-way. The design of bicycle parking spaces shall comply with the requirements as set forth in Article 22, Section 22.9 of the Comprehensive Zoning Ordinance. ZD 069/17 31

34 7. The applicant shall restore the sidewalks and curbs on all street frontages located within the public right-of-way adjacent to the site, subject to the review and approval of the Department of Public Works. YEAS: NAYS: ABSENT: Brown, Duplessis, Green, Mitchell, Steeg, Stewart, Wedberg None Hughes, Isaacson VIII. REASONS FOR RECOMMENDATION 4 1. The building at Jackson Avenue has a history of commercial usage and is currently split zoned HU-B1A and HU-RD2. Restoring a non-residential use at the location is therefore consistent with the goal, range of uses and development character of the Residential Low Density Pre-War future land use category which allows for businesses and traditional corner stores where current or former commercial use can be verified. The proposed zoning change to rectify the split zoning of this building would also correct an error or omission in the Official Zoning Map. 2. The structure located at Laurel Street was originally constructed and historically used as a two-family residence and is therefore not appropriate for commercial development as per the Residential Low Density Pre-War future land use category. The requested zoning change to HU-B1A would remove existing housing stock and convert it for commercial use that could impact the currently residential nature of this street and neighborhood. 3. While the building at Jackson Avenue has most recently been used as a multifamily residence, it has historically been utilized for business purposes and its conversion back to commercial use should not be considered a commercialization of a residential district and instead be considered keeping with the character of the neighborhood. The property at Laurel Street does not share this nonresidential history, and thus its utilization as a commercial short term rental would serve as commercial encroachment into a predominantly residential neighborhood. The proposed two commercial short term rentals at the corner property should not have substantial quality of life impacts on the neighborhood; however having four short term rentals with four separate parties of guests staying in the vicinity could generate nuisance noise, parking issues, and other impacts. Additionally, the preservation of the residential units at Laurel Street could mitigate some of the housing impacts experienced by the loss of the four units at Jackson Avenue. 4 Subject to modification by the City Planning Commission ZD 069/17 32

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42 UNIT SUMMARY: UNIT B: 2-Bed, 2-Bath UNIT C: 2-Bed, 2-Bath Garage 395 SF Ground Floor:! 379 SF Main Floor:! 713 SF Total:! 1, SF Garage 395 SF Ground Floor:! 379 SF Main Floor:! 713 SF Total:! 1, SF 64'-1" 14'-0" UNIT B 50'-1" Stair Up 26'-2" 1'-0" 25'-2" UNIT C UNIT B Bedroom 2 13'-7" x 11'-6" FURR DOWN FOR DUCTWORK Bedroom 2 13'-7" x 11'-6" Closet 5'-6" x 5'-6" Closet 5'-6" x 5'-6" Bath 8'-6" x 5'-6" Bath 8'-6" x 5'-6" 5 Stair Up HW HW Laundry / Storage 5'-6" x 5'-6" Laundry / Storage UNIT C Garage 28'-6" x 12'-6" Garage 28'-6" x 12'-6" Garage Door Garage Door Ground Floor Plan 3/16" = 1'-0"

43 64'-1" 14'-0" 45'-2" 4'-11" UNIT B 26'-2" 1'-0" 24'-2" 1'-0" UNIT C UNIT B Bedroom 1 13'-7" x 11'-6" Bedroom 1 13'-7" x 11'-6" HVAC Closet 5'-6" x 5'-6" DUCT CHASE DUCT CHASE Closet 5'-6" x 5'-6" HVAC Stair Down Bath 8'-6" x 5'-6" Bath 8'-6" x 5'-6" Stair Down F F DW Kitchen 11'-4" x 8'-0" DW RG RG Kitchen 11'-4" x 8'-0" Coat Coat Living / Dining 17'-10" x 12'-4" Living / Dining 17'-10" x 12'-4" Porch UNIT C 1 Main Floor Plan 3/16" = 1'-0"

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67 From: Sent: To: Subject: Stephen K. Kroll Monday, May 22, :12 PM 'cornelius payne' RE: floor plan for laurel Hi Cornelius, These updated plans look great. Thank you for sending them. I have bad news about the zoning change component of the application. The third lot located along Jackson is currently residentially zoned. You ll need to do a zoning change for that lot, which requires a new NPP. We discussed that lot when we met last week. You re correct that the 2013 zoning change ordinance includes three lots (Lots 1 and 2, as well as this third lot, which is an undesignated lot). This ordinance was mapped incorrectly. Only Lots 1 and 2 were included on the map in the new B-1A District. The third lot was not included in the district even though it should have been. When the new zoning ordinance was put together, it carried forward the commercial zoning of Lots 1 and 2, as incorrectly mapped. So, Lots 1 and 2 were included in the new HU-B1A District, while the third, undesignated lot remained residentially zoned. Because the adoption of the new CZO in 2015 is the most recent zoning change affecting the site, it essentially supersedes the 2013 zoning change that included all three lots in the ordinance. Given this, we can t refer back to the 2013 zoning change ordinance. I ve run this by the CPC Executive Director and this is the conclusion we ve reached. I hope this is clear. If you have any question or would like to discuss it on the phone, let me know. Attachment to the 2013 zoning change staff report showing all three lots that were rezoned under that ordinance:

68 Zoning map showing the 2013 re-zoning to B-1A. The zoning map is incorrect in that Lots 1 and 2 are shown as within the B-1A District but the third, undesignated lot (shown as UND-5 on the map) is incorrectly shown as residentially zoned:

69 Current zoning map, which carried forward the previous mapping error. Because this zoning change is linked to the city-wide rezoning ordinance from 2015, rather than the 2013 ordinance for this property, the 2013 ordinance no longer dictates the site s zoning:

70 Stephen Kroll City Planning Commission City of New Orleans 1300 Perdido Street Room 7W03 New Orleans, Louisiana From: cornelius payne Sent: Monday, May 22, :50 PM