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

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1 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 102/16 Executive Summary Applicant: Request: Location: City Council Motion No. M This is a request for a Text Amendment to Article 18 of the Comprehensive Zoning Ordinance to establish a new overlay district to be named Convention Center Height Overlay District that is intended to create additional height allowances for sites currently zoned MU-2 to establish an FAR allowance of 12. The proposed text changes would affect Squares 40, 41, 42, 43, 31 and 20B, in the First Municipal District, bounded by the Pontchartrain Expressway, Mississippi River floodwall, Orange Street, and Tchoupitoulas Streets. The municipal addresses are 1301 Convention Center Boulevard, 1455 South Peters Street, 1400 South Peters Street, 301 Race Street, 1465 South Peters Street, 1500 Tchoupitoulas Street, 1510 Tchoupitoulas Street, 1528 Tchoupitoulas Street, 417 Orange Street, 431 Orange Street, 400 Race Street, and 351 Race Street. (PD 2) Summary of Proposal: Zoning Docket 102/16 is a request by City Council Motion M for a text amendment to the Comprehensive Zoning Ordinance to amend Article 18 to establish a new overlay district to create additional height allowances for sites currently owned by the New Orleans Ernest N. Morial Convention Center. To do so, the proposed Convention Center Height Overlay District would eliminate the height requirement and establish a Floor Area Ratio (FAR) of 12. This request would replace the maximum height of 85 feet and 7 stories in the MU-2 District with no height requirement. The staff does not support the requested text amendment as proposed since it would increase the development potential of the site from the current regulations of the MU-2 District by two to three times, allowing development that would overwhelm the area s street infrastructure and would be out of scale with the surrounding neighborhood. The Comprehensive Zoning Ordinance allows for additional height to be approved through a planned development process; however, the height bonuses are capped at 50%, which is significantly less than what the Convention Center wants. The Convention Center has not developed plans for this site, so it is impossible for the City Planning ZD102/16 1

2 Master Plan: Commission to evaluate the additional height request at this time. In order to give the Convention Center a process to request additional height in the future and to ensure the staff has the information it needs to evaluate the request, the staff recommends modifying the proposed overlay district regulations to allow for the Convention Center request additional height, up to a maximum of 400 feet, through a planned development. In addition, the overlay district would require a Traffic Impact Analysis and provide additional public benefit criteria to justify any height bonuses. The request is consistent with the Master Plan and meets all of the text amendment approval standards. The proposal is consistent with the Master Plan. Recommendation: The staff recommends MODIFIED APPROVAL. Reasons for Recommendation: 1. The recommendation achieves the intent of the request by providing a process for additional height allowances. It would require the appropriate approval process to ensure impacts are mitigated and public benefits justify the height bonuses. 2. The requested text changes are generally consistent with the approval standards found in Table 4-1 Standards for Zoning Amendments of the Comprehensive Zoning Ordinance. 3. The requested text amendment is consistent with the Master Plan. ZD102/16 2

3 City Planning Commission Meeting CPC Deadline: 12/10/16 Tuesday, November 8, 2016 CC Deadline: 60 Days from Receipt City Council Districts: B Cantrell Zoning Docket: 102/16 PRELIMINARY STAFF REPORT To: City Planning Commission From: Robert Rivers, Executive Director Stephen Kroll, Planning Administrator Prepared by: Nicholas Kindel Date: November 1, 2016 I. GENERAL INFORMATION Applicant: Request: Location: City Council Motion No. M This is a request for a Text Amendment to Article 18 of the Comprehensive Zoning Ordinance to establish a new overlay district to be named Convention Center Height Overlay District that is intended to create additional height allowances for sites currently zoned MU-2 to establish an FAR allowance of 12. The proposed text changes would affect Squares 40, 41, 42, 43, 31 and 20B, in the First Municipal District, bounded by the Pontchartrain Expressway, Mississippi River floodwall, Orange Street, and Tchoupitoulas Streets. The municipal addresses are 1301 Convention Center Boulevard, 1455 South Peters Street, 1400 South Peters Street, 301 Race Street, 1465 South Peters Street, 1500 Tchoupitoulas Street, 1510 Tchoupitoulas Street, 1528 Tchoupitoulas Street, 417 Orange Street, 431 Orange Street, 400 Race Street, and 351 Race Street. (PD 2) Description: Zoning Docket 102/16 considers a text amendment to the Comprehensive Zoning Ordinance to amend Article 18 to establish a new overlay district to create additional height allowances for sites currently owned by the New Orleans Ernest N. Morial Convention Center. The proposed Convention Center Height Overlay District would eliminate the current 85 feet and 7 stories height requirement in the MU-2 High-Intensity Mixed Use District to have no maximum height. In addition, the proposed overlay district would establish a Floor Area Ratio (FAR) of 12. Why is City Planning Commission action required? The City Planning Commission is required to make a recommendation on all amendments to the text of the Comprehensive Zoning Ordinance prior to City ZD102/16 3

4 Council action, in accordance with Article 4, Section 4.2.D.3 Action by City Planning Commission of the Comprehensive Zoning Ordinance. II. ANALYSIS A. What is the reason for the text amendment? What area would be affected by the text amendment? Reason for text amendment The request from City Council Motion M is to create additional height allowances for site currently zoned MU-2 to establish a floor area ratio (FAR) allowance of 12 for properties currently owned by the New Orleans Ernest N. Morial Convention Center (Convention Center). This request would eliminate the maximum height of 85 feet and 7 stories and replace it with unlimited height. Future development of these sites would be limited by a floor area ratio of 12. Area affected The request would affect approximately six blocks (Squares 20B, 31, 40, 41, 42, and 43) owned by the Morial Convention Center located between the Pontchartrain Expressway, the Mississippi River floodwall, Orange Street, and Tchoupitoulas Street (Figure 1). Figure 1: Proposed Convention Center Height Overlay District Map ZD102/16 4

5 B. What is the existing language of the Comprehensive Zoning Ordinance? The requested text amendment would add a new overlay district to Article 18, Section 7.2 Overlay Zoning Districts of the Comprehensive Zoning Ordinance. Since there are currently no special regulations for this area, the height is currently limited by the base zoning regulations for the MU-2 District found in Article 15, Section 15.3.A.1 and Table The regulations that are most applicable to potential developments at the site is 85 foot and 7 story limit for multi-family and non-residential uses. The text of the Section 15.3.A.1 and Table 15-2 is below: 15.3.A.1 GENERAL REGULATIONS Table 15-2: Bulk and Yard Regulations establishes bulk and yard regulations for the Commercial Center and Institutional Campus Districts. Table 15-2: Bulk & Yard Regulations Bulk & Yard Regulations MU-2 Bulk Regulations A Maximum Building Height SF & 2F: 35 Townhouse: 40 & no more than 3 stories MF & Non-Residential: 85 & no more than 7 stories C. What is the proposed language for amendment? Motion M states its purpose is to amend Article 18 of the Comprehensive Zoning Ordinance to establish a new Convention Center Height Overlay District to allow for additional height and establish an FAR of 12. While Motion M does not specify the exact language of the proposed new overlay district, the staff can infer the intended text for the proposed overlay district based on the intent of the Motion. The proposed text additions are indicated by underlined, bold text, while deletions are indicated by strikethrough text. ARTICLE 18 OVERLAY ZONING DISTRICTS 18.2 PURPOSE STATEMENTS ZD102/16 5

6 18.2.V Purpose of the CCH Convention Center Height Overlay District The purpose of the CCH Convention Center Height Overlay District is to create additional height allowances and establish an FAR requirement for properties owned by the New Orleans Ernest N. Morial Convention Center CCH Convention Center Height Overlay District A Applicability The CCH Convention Center Height Overlay District is intended to create additional height allowances for site owned by the New Orleans Ernest N. Morial Convention Center. The CCH Convention Center Height Overlay District applies to the following area: 1. The area bounded by the Pontchartrain Expressway, the Mississippi River floodwall, Orange Street, and Tchoupitoulas Street B Maximum Building Height and Floor Area Ratio (FAR) The maximum building height in the base zoning district shall be eliminated and replaced with a maximum FAR of 12. D. Does the text amendment adequately answer the problem that is being addressed; if not, are other modifications necessary? Identified Need The City Council, on behalf of the New Orleans Morial Convention Center, is requesting increased height and density on Convention Center owned properties on the Uptown-side of the Pontchartrain Expressway. In their Neighborhood Participation Program letter, the Convention Center stated that they are seeking consistent height regulations for Convention Center properties on both the Central Business District and Uptown portions of the Pontchartrain Expressway. Request In response to this desire for consistent height regulations, the City Council passed a Motion to establish a new overlay district in Article 18 of the Comprehensive Zoning Ordinance. The proposed Convention Center Height Overlay District would eliminate the maximum height requirements in the MU-2 District to allow for unlimited height. The density of the site would be limited by a new maximum floor area ratio (FAR) of 12. ZD102/16 6

7 Discussion As previously mentioned, the proposed text amendment request would replace the existing height regulations, which are 85 feet and 7 stories for multi-family and nonresidential uses, with no maximum height and a 12 FAR. Floor Area Ratio is a common tool that regulates the size of a structure relative to its lot size. 1 FAR is defined as the gross floor area of a structure on a lot divided by the area of the lot. For example, a onestory structure that occupies an entire lot would have an FAR of 1 and the two-story structure coving the entire lot would have a 2 FAR. Developments with the same FAR can vary in their height and bulk. Developments with FARs of 2 include a 4 story structure coving half the lot and an 8 story structure on one-fourth of the lot. Therefore, FAR regulations are effective at regulating the total floor area of a structure while allowing flexibility in its height. Subject Site and Surrounding Area The proposed text amendment would create an overlay district for the area bounded by the Pontchartrain Expressway, the Mississippi River floodwall, Orange Street, and Tchoupitoulas Street (see Figure 2 below). This area is owned by the Convention Center and is comprises of six squares that are approximately 45 acres in size. The area between the Pontchartrain Expressway, the Mississippi River floodwall, Convention Center Boulevard, and Henderson Street is occupied by Halls I and J of the Convention Center. The remainder of the site is vacant or occupied by surface parking lots. The entirety of the site is located in a MU-2 High Intensity Mixed-Use District and the RIV Riverfront Design Overlay District. Just north of the subject site is the Pontchartrain Expressway and the Central Business District, which are zoned CBD-4 Exposition District and CBD-6 Urban Core Neighborhood Mixed-Use District. The adjacent CBD area includes Halls A to H of the Convention Center, hotels, commercial, and residential uses. To the east of the subject site on the other side of the Mississippi River floodwall is an area located in an MI Maritime Industrial District, and this area includes Port of New Orleans facilities and Mardi Gras World. Across Tchoupitoulas Street from the subject site is a mix of MU-2, OS-N Neighborhood Open Space, HU-MU Neighborhood Mixed-Use, and HU-RM2 Multi-Family Residential Districts. Uses in this area include Convention Center parking and truck marshalling, a couple of small parks, a school, the Saulet Apartments, and a mix of small office, commercial, and residential uses. Across Orange Street from the subject site is a continuation of the MU-2 High-Intensity Mixed-Use District. This area includes a vacant power plant, industrial uses, commercial uses, and a number of vacant and under-utilized properties. 1 FAR is a zoning tool used in New Orleans in portions of the Central Business District, some Historic Core Districts. It is used in the zoning ordinances of many other cities. ZD102/16 7

8 In addition to the zoning, there are a couple of historic districts in the vicinity of the subject site. The portion of the subject site between Race and Orange Streets is located in the Lower Garden District National Register Historic District. The Lower Garden District Local Historic District, which is a full control HDLC District, extends to St. Thomas Street which is two block away from the Tchoupitoulas Street boundary of the subject site. Figure 2: Subject Site & Surrounding Zoning (source: Convention Center Application Materials) Development Plans There are no specific development plans submitted as part of the City Council Motion or the supplemental information submitted by the Convention Center. The Convention Center has produced a conceptual site plan, renderings, and publically discussed certain elements of their proposed development plan. In addition, the Convention Center has also produced a conceptual program for this site. This program includes a portion of the existing Convention Center as well as a proposed expansion across Convention Center Boulevard from Halls I and J. In addition, the proposed program includes hotels, residential, retail, office, and structured parking. Including all of these existing and proposed uses, the current program includes approximately 7.5 million square feet in gross floor area. Of greatest concern for the Convention Center given the limitations of the current zoning is the proposed anchor hotel. This anchor hotel is conceived as a 1,200 room hotel across Henderson Street from the existing Convention Center. At approximately 320 feet tall, the proposed hotel is significantly taller than currently allowed by the 85 feet height limit in the MU-2 District or could be achieved with a 50% height bonus through a Planned Development process outlined in Article 5, Section 5.8.C. ZD102/16 8

9 Figure 3: Conceptual Site Plan Subject Site Outlined in Red (source: Convention Center's website) Figure 4: Renderings of the Subject Site (source: Convention Center's website) Height Regulations Based on the Council Motion M and discussion with the Convention Center, the reason for this application is the height limit in the MU-2 District of 85 feet and 7 stories. The Convention Center wants to attract an anchor hotel for this site with 1,200 room and Mississippi River view. In order to achieve this, the Convention Center s proposed hotel would be significantly taller than this limit. In addition, some of the other conceptual structures would likely not meet the height limit as well. Is increased height justifiable in this location? According to Master Plan, this property is located in a Mixed-Use High Density Future Land Use Map (FLUM) designation. In this FLUM designation, medium to high density uses are allowed if these areas will provided a proper transition to surrounding areas with lower densities/heights. 2 Medium and high densities are not defined, and are related to but not the same as height, so it is unclear what heights could be allowed. What is clear is that there would need to be transitions to lower density and height areas. 2 Master Plan, Volume 2, Chapter 14. Mixed Use High Density FLUM Designation, Pages ZD102/16 9

10 In addition, the portion of this proposed overlay district between Henderson, Orange, and Tchoupitoulas Streets and the Mississippi River floodwall is considered an opportunity site in Chapter 14 of the Master Plan. The description states that the site and surrounding underutilized parcel could hold attractive high-rise and mid-rise building with neighborhood amenities 3 According to the International Building Code, high-rise structures are defined more than 75 feet tall. 4 So while there is not a specific height limit given, there is some justification to considering structures that greater than 75 feet tall. Based on the Master Plan, there is some justification for the City Planning Commission staff to consider structures that would be taller than the maximum 85 feet and 7 stories currently allowed in the MU-2 District. Increased height could be allowed if there is an appropriate transition to lower density and height areas and if neighborhood amenities are provided. In addition, it could be justified to allow taller buildings and greater densities on a portion of the site, if the heights and densities are less than maximum allowed on the portions near Tchoupitoulas and Orange Street adjacent to the lower height and density areas in order to provide the needed height transition. Is increased height justifiable in this location? Potentially yes, greater height is justified, but the staff does not have all of the information it needs to determine that at this time. As discussed above, the staff could recommend increased heights, but the staff needs specific development plans to evaluate the request. The best process for this to take place would be through a Planned Development process. One of the purposes of a Planned Development is (e)ncourage the master planning of development on larger tracts of land to promote site-specific flexibility and to manage the impact of these developments on the provision of City services and infrastructure. 5 Planned Developments allow for flexibility in the zoning standards, including height, for projects that offer public benefits, innovative designs, promote walkability and transit use, and offer employment opportunities near residents. The Planned Development process could allow for increased heights in this project for providing these benefits described above. However, per Article 5, Section 5.8.V the maximum height bonus allowed through the Planned Development process is 50%. This would allow a maximum height in the MU-2 District of feet, which is less than 320 feet or more in height that the Convention Center says that it needs for the proposed development. While it is too soon to evaluate any propose for increased height, the staff would recommend creating a process that would allow the Convention Center to request the height that they want. Given the potential impacts on infrastructure and adjacent neighborhoods, the staff finds unlimited height to be inappropriate and instead recommends allowing up to 400 feet through a Planned Development process. This would allow for buildings with heights similar to the CBD, but it would not have unlimited heights as area allowed in portions of 3 Master Plan, Volume 2, Chapter 14. Opportunity Site 2: South of Convention Center, Page Source: 2015 International Building Code: 5 Article 4, Section 4.4.A.2. ZD102/16 10

11 the CBD. This would allow a maximum similar to the Benson Tower and the JW Marriott Hotel. 6 Bulk and Density Regulations The text amendment proposes eliminating the 85 feet and 7 stories height requirement while replacing it with a FAR requirement of 12. The proposed regulations are consistent with how density is controlled in portions of the CBD. The proposed 12 FAR would be a significant increase of 2.5 to 3 times the current density of the site that is currently limited to seven stories. 7 Based on conversations with the Convention Center and documents provided by the Convention Center, they do not need this significant increase in density in site. Their current program for the site would result in an FAR of 3.1, which is a reasonable FAR given the current MU-2 District requirements. The concern that the Convention Center has with the current regulations is not the density; it is the height. Since FAR is a bulk and density regulation, the staff does not recommend eliminating the current height requirement to moving to an FAR limit only. If there are provisions that would allow increased height on this site, the FAR regulations are not needed. Therefore, the staff does not recommend implementing an FAR requirement for this site. Planned Development and Public Benefit Bonus As previously mentioned, Planned Developments allow some flexibility from the use, density, and height requirements in the base zoning district for projects that provide public benefits and to encourage master planning of large sites. Planned Developments go through a process that is similar to conditional uses where the applicant will hold a Neighborhood Participation Program meeting, submit an application with plans, the proposal will be reviewed by the City Planning Commission, and require approval of the City Council. If approved, the applicant will be required to record specific plans for the development. Article 5, Section 5.8.C, outlines the standards for granting development bonuses for a Planned Development in MU-2 District. Height bonuses can be granted according to a number of criteria, but only to a maximum of 50%. As previously mentioned, the staff recommends allowing an increased height bonus to be considered. Rather than being capped at 50%, the staff recommends allowing the applicant to request a height bonus of up to 400 feet to potentially allow high rise structures at key locations. Although the height bonus provisions are in Article 5, the requested text amendment is to create an 6 Buildings of similar heights include 2 Canal Street at 407 feet, Benson Tower at 406 feet, and JW Marriott Hotel at 386 feet. Source: Wikipedia: 7 A seven story height limit does not equal a 7 FAR. Given that the applicant would have to provide open space, setback, off-street parking, light and air, etc., a seven story height limit would likely produce an FAR in the range of 4 to 5. Therefore, the proposed text amendment would increase the development potential of the site by approximately 2.5 to 3 times the current regulation. ZD102/16 11

12 overlay district in Article 18. Therefore, the staff recommends putting the provision to allow the applicant to request increased height as part of the proposed overlay district. Currently in Article 5, Section 5.8.C height bonuses can be given for the meeting any of the following: innovative stormwater management controls (25% height bonus), water quality treatment (25%), incorporating transit routes and providing multi-modal transit features (25%), and achieving standards of a recognized green building certification (25%). In addition to the existing height bonus provisions, the staff recommends allowing height bonuses for developments that provide other public benefits, similar to those in the Central Business District. Therefore, the staff recommends allowing additional height for developments that: provide public parks, open space, or plazas; meet transit-oriented development standards; address transportation impacts on the surrounding street network; and provide affordable housing. Transportation Impacts The subject site is located adjacent to a number of critical transportation corridors for the City, State, and region. Tchoupitoulas Street is a major truck corridor for the Port of New Orleans. There are a number of major on- and off-ramps in the vicinity that provides access to the Pontchartrain Expressway, the Crescent City Connection, and Interstate 10. The site in near the Central Business District, the Convention Center, cruise ship terminals, and lots truck marshalling and Mardi Gras float staging, all of which can general significant amounts of traffic. Finally, there are RTA bus and streetcar transit line in the vicinity of this site. Given the size of the site and potential scope of this development, there could be significant increases on the amount of traffic generated from the development of this site. The City Planning Commission would need to review how new construction on this property could be done in a manner that would minimize the impact on the critical transportation infrastructure in the vicinity. Therefore, the staff recommends that any development that seeks additional height through a Planned Development be required to submit a Traffic Impact Analysis and state how they propose to mitigate the impacts of the development on the adjacent transportation network. Design Guidelines The proposed overlay district is located in the RIV Riverfront Design Overlay District as well. Any new developments or additions in this district that trigger the minimum thresholds in Article 4, Section 4.5 shall be subject to the design guidelines in Article 18, Section Overlay District Regulations The staff recommends a few modifications to the proposed overlay district regulations. First, the justification for increased height in this area is based on the Opportunity Site 2 provisions in the Master Plan. Therefore, the staff recommends changing the name and ZD102/16 12

13 the boundary of the overlay district to correspond with the Master Plan. As a result, the name of the overlay district should be the SCC South of Convention Center Height Overlay District and the boundary Tchoupitoulas, Orange, and Henderson Streets and the Mississippi River floodwall. In addition, the proposed language for this overlay district should be amended to not eliminate the height requirement and to not include an FAR limit. Finally, the overlay district regulations should incorporate all of the requirements discussed above, including that additional height up to 400 feet can be considered through a Planned Development, eliminating the 50% cap on high bonuses, providing additional criteria that would allow for additional height bonuses, and requiring a Transportation Impact Analysis. Suggested language The suggested language for the text amendment to Article 18 is shown below with proposed language shown in underlined, bold text, and the deletions are indicated by strikethrough text. ARTICLE 18 OVERLAY ZONING DISTRICTS 18.2 PURPOSE STATEMENTS 18.2.V Purpose of the SCC South of Convention Center Height Overlay District The purpose of the SCC South of Convention Center Height Overlay District is to create a process to request additional height allowances through the a Planned Development for properties in the South of Convention Center opportunity site SCC South of Convention Center Height Overlay District A Applicability The SCC South of Convention Center Height Overlay District creates a process to allow for additional height in the South of Convention Center opportunity site. The SCC South of Convention Center Height Overlay District applies to the following area: 1. The area bounded by the Henderson Street, the Mississippi River floodwall, Orange Street, and Tchoupitoulas Street. ZD102/16 13

14 18.24.B Development Plan and Design Review Required Development plan and design review is required for any new structure, addition, or enlargement in accordance with the thresholds of applicability in Section C Design Standards and Traffic Impact Analysis 1. Any new structure, major renovation, or expansion shall be subject to the design standard requirements within base zoning district and the RIV Overlay District. 2. Any new structure, addition, or enlargement requesting a Planned Development in the SCC Overlay District shall prepare a Traffic Impact Analysis. The applicant shall be required to address the traffic impacts from the development D Maximum Building Height 1. The maximum building height shall be established by the underlying zoning district. Height Bonuses can be granted through an approved Planned Development. The maximum height development bonus of 50% shall not apply in the SCC Overlay District. 2. In addition to the height bonus provision in Article 5, additional height bonuses of up to 400 feet can be considered through the Planned Development process in accordance with the criteria in Section D Additional height bonuses can be granted for developments that met one or more of the following criteria. The amount of the height bonus shall depend on the amount, size, and significance of the criteria below. a. A development that provides parks, open spaces, or plazas that are open and available to the public. b. A development site that is designed to meet transit-oriented development standards c. A development that constructs or makes financial contributions to improve the surrounding transportation network. d. A development that provides affordable housing. At a minimum, at least five percent (5%) of the development s dwelling unit shall be reserved as affordable for households with incomes equal to or below eighty percent (80%) of area median income (AMI). ZD102/16 14

15 E. Compliance with approval standards The City Planning Commission recommendation and the City Council decision on any zoning text amendment are matters of legislative discretion. In making their recommendation and decision, the City Planning Commission and the City Council are required to consider the standards in Table 4-1 Standards for Zoning Amendments of the Comprehensive Zoning Ordinance. In this section, the staff evaluates the application using those standards. The proposed amendment is compatible with the Master Plan and Future Land Use Map. All land use actions must be consistent with, or at a minimum, not interfere with, the goals, policies and strategies of the Master Plan. 8 The entire area is located in the Mixed- Use High Density Future Land Use Map designation in the Master Plan. The goal, range of uses, and development charter are below: MIXED-USE HIGH DENSITY Goal: Encourage compact, walkable, transit-oriented (or transit-ready) neighborhood centers with medium to-high density multifamily residential, office, and commercial services at key, underutilized, centrally located parcels within neighborhoods and along edges. Range of Uses: Medium- to high-density multifamily residential, office, hotel and commercial retail. Development Character: These areas will provide proper transitions to surrounding areas with lower densities/heights. Many structures will require ground-floor retail with residences or offices or both on upper floors. The proposed text amendment is consistent with the Master Plan. As discussed in Section D above, the Future Land Use Map designation allows for high density development that provides proper transitions to lower density and height areas. In addition, the South of Convention Center Opportunity Site description envisions high-rise and mid-rise buildings. The text amendment as recommended by staff would allow for the property owner to request greater than allowed heights through the Planned Development process, where City Planning Commission staff would be able to evaluate a specific development proposal and determine consistency with the Master Plan. Therefore, the proposed text amendment language is consistent with the Master Plan. 8 Master Plan, Volume 2, Chapter 14, p ZD102/16 15

16 The proposed amendment is compatible with the place designations of this Ordinance. This standard is met. The proposed amendments are applicable to Commercial Center & Institutional Campus place designation. The purpose of this place designation in to create intensive mixed employment, shopping, and entertainment destination environments. The proposed text amendment is compatible with this purpose. The proposed amendment promotes the public health, safety and welfare of the City. This standard is met. The proposed text amendment would not potential negatively impact the public health, safety and welfare of the City. Therefore, this request is consistent with this standard. The proposed amendment is compatible with the intent and general regulations of this Ordinance. This standard is met. The proposed text amendment as recommend by the staff would allow for additional height to be approved as a Planned Development. The purpose of a planned development is to encourage the master planning of development on large sites and to promote flexibility to manage the impact of these developments, which is achieved through the staff s recommended text amendment. Therefore, the requested text amendment is compatible with the intent and general regulations of this Ordinance. The proposed amendment corrects an error or omission, adds clarification to existing requirements, or reflects a change in policy. This standard is met. The proposed amendment as recommend by the staff would clarify existing requirement and grant greater flexibility in building heights through an approved planned development. The request is consistent with the Comprehensive Zoning Ordinance and the Master Plan. The proposed amendment benefits the citizens of the City as a whole. This standard is met. The proposed amendment as recommend by the staff would facilitate development of the South of Convention Center site, which is of Citywide importance and would benefit residents of the entire City. 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. The proposed amendment as recommend by the staff would allow for a process to request high-rise buildings as envisioned by the South of Convention Center opportunity site in the Master Plan. ZD102/16 16

17 The proposed amendment does not create a significant number of nonconformities. This standard is met. The proposed amendments as recommend by the staff would not create nonconformities. III. SUMMARY Zoning Docket 102/16 is a request by City Council Motion M for a text amendment to the Comprehensive Zoning Ordinance to amend Article 18 to establish a new overlay district to create additional height allowances for sites currently owned by the New Orleans Ernest N. Morial Convention Center. To do so, the proposed Convention Center Height Overlay District would eliminate the height requirement and establish a Floor Area Ratio (FAR) of 12. This request would replace the maximum height of 85 feet and 7 stories in the MU-2 District with no height requirement. The staff does not support the requested text amendment as proposed since it would increase the development potential of the site from the current regulations of the MU-2 District by two to three times, putting undue pressure on infrastructure and negatively impacting surrounding neighborhoods. The Comprehensive Zoning Ordinance allows for additional height to be approved through a planned development process; however, the height bonuses are capped at 50%, which is significantly less than what the Convention Center wants. The Convention Center has not developed plans for this site, so it is impossible for the City Planning Commission to evaluate the additional height request at this time. In order to give the Convention Center a process to request additional height and to ensure the staff has the information it needs to evaluate the request; therefore, the staff recommends modifying the proposed overlay district regulations to allow for the Convention Center request additional height, up to a maximum of 400 feet, through a planned development. In addition, the overlay district would require a Traffic Impact Analysis and provide additional public benefit criteria to justify any height bonuses. The request is consistent with the Master Plan and meets all of the text amendment approval standards. IV. PRELIMINARY STAFF RECOMMENDATION 9 The staff recommends MODIFIE APPROVAL of Zoning Docket 102/16 with the following zoning text change. New language is indicated by underlined, bold text and deletions by strikethrough text. ARTICLE 18 OVERLAY ZONING DISTRICTS 18.2 PURPOSE STATEMENTS 9 Subject to modification by the City Planning Commission ZD102/16 17

18 18.2.V Purpose of the SCC South of Convention Center Height Overlay District The purpose of the SCC South of Convention Center Height Overlay District is to create a process to request additional height allowances through the a Planned Development for properties in the South of Convention Center opportunity site SCC South of Convention Center Height Overlay District A Applicability The SCC South of Convention Center Height Overlay District creates a process to allow for additional height in the South of Convention Center opportunity site. The SCC South of Convention Center Height Overlay District applies to the following area: 1. The area bounded by the Henderson Street, the Mississippi River floodwall, Orange Street, and Tchoupitoulas Street B Development Plan and Design Review Required Development plan and design review is required for any new structure, addition, or enlargement in accordance with the thresholds of applicability in Section C Design Standards and Traffic Impact Analysis 1. Any new structure, major renovation, or expansion shall be subject to the design standard requirements within base zoning district and the RIV Overlay District. 2. Any new structure, addition, or enlargement requesting a Planned Development in the SCC Overlay District shall prepare a Traffic Impact Analysis. The applicant shall be required to address the traffic impacts from the development D Maximum Building Height 1. The maximum building height shall be established by the underlying zoning district. Height Bonuses can be granted through an approved Planned Development. The maximum height development bonus of 50% shall not apply in the SCC Overlay District. ZD102/16 18

19 2. In addition to the height bonus provision in Article 5, additional height bonuses of up to 400 feet can be considered through the Planned Development process in accordance with the criteria in Section D Additional height bonuses can be granted for developments that met one or more of the following criteria. The amount of the height bonus shall depend on the amount, size, and significance of the criteria below. a. A development that provides parks, open spaces, or plazas that are open and available to the public. b. A development site that is designed to meet transit-oriented development standards c. A development that constructs or makes financial contributions to improve the surrounding transportation network. d. A development that provides affordable housing. At a minimum, at least five percent (5%) of the development s dwelling unit shall be reserved as affordable for households with incomes equal to or below eighty percent (80%) of area median income (AMI). V. REASON FOR RECOMMENDATION 1. The recommendation achieves the intent of the request by providing a process for additional height allowances. It would require the appropriate approval process to ensure impacts are mitigated and public benefits justify the height bonuses. 2. The requested text changes are generally consistent with the approval standards found in Table 4-1 Standards for Zoning Amendments of the Comprehensive Zoning Ordinance. 3. The requested text amendment is consistent with the Master Plan. VI. CITY PLANNING COMMISSION MEETING (OCTOBER 11, 2016) The Planning Administer summarized the request, stating the staff s recommendation of deferral. Commissioner Wedberg made a motion to defer the request until the November 8, 2016 City Planning Commission meeting. The motion was seconded by Commissioner Green and was unanimously adopted. ZD102/16 19

20 Motion: BE IT MOVED BY THE CITY PLANNING COMMISSION THAT ZONING DOCKET 102/16 IS HEREBY RECOMMENDED FOR DEFERRAL TO THE NOVEMBER 8, 2016 CITY PLANNING COMMISSION MEETING. YEAS: NAYS: ABSENT: Brown, Green, Mitchell, Stewart, Wedberg None Duplessis, Steeg VII. FURTHER CONSIDERATION The staff report has been revised since the October 11, 2016 City Planning Commission meeting and the revised analysis and recommendations is reflected in the staff report above. ZD102/16 20

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60 From: Miwako P. Hattori Sent: Thursday, September 29, :11 AM To: Nicholas J. Kindel Cc: Nicholas Perez-Alvarez; Bryan Hayden; Stephen K. Kroll; Paul Cramer Subject: RE: Convention Center Deferral Request Hi Nick, I would like to confirm the items below: -The Convention Center would like to defer the CPC review of The Convention Center Zoning Change Request for Convention Center Overlay District. -The new date of the CPC meeting is Tuesday, November 8. The deadline of CPC staff report is October 25. -The Convention Center will provide the additional information to the CPC staff and would like to schedule another meeting with the CPC staff who attended the meeting on September 26, including Bob and Leslie. I will send you a separate to coordinate the date. Please let me know if you have any additional comments. Thank you, Miwako Hattori, AIA LEED AP BD+C Principal 650 Poydras Street, Ste New Orleans, LA t f mhattori@manningarchitects.com manningarchitects.com New Orleans Dallas Las Vegas STATEMENT OF CONFIDENTIALITY: The information contained in this is confidential and privileged. This is intended to be reviewed by only the individual or organization named above. If you are not the intended recipient or an authorized representative of the intended recipient, you are hereby notified that any review, dissemination or copying of this and its attachments, if any, or the information contained herein is prohibited. If you are not the intended recipient, please notify Manning Architects, APAC immediately at either or notify the sender by return and destroy all copies of this message and any attachments. From: Nicholas J. Kindel [mailto:njkindel@nola.gov] Sent: Wednesday, September 28, :06 PM To: Nicholas Perez-Alvarez <Nicholas@manningarchitects.com>; Miwako P. Hattori ZD102/16 60

61 Subject: Convention Center Deferral Request Hello Miwako and Nicholas, If you all want to defer the CPC review of the Convention Center text amendment request, could you please me the deferral request? This way we have a written record of the request. I believe we agreed on the November 8 CPC meeting to give you all time to submit additional information and to give us time to review it. Thanks. nick Nick Kindel Principal City Planner New Orleans City Planning Commission 1300 Perdido Street, 7 th Floor New Orleans, LA (504) njkindel@nola.gov All communication to and from this account is subject to Louisiana s Public Records Law per Louisiana Revised Statutes RS 44:1 ZD102/16 61

62 PRELIMINARY - FOR DISCUSSION CONVENTION CENTER HEIGHT OVERLAY PROPOSED MODIFIED TEXT Original Text in Zoning Text Amendment Application A new zoning overlay district, named Convention Center Height Overlay District, that is intended to create additional height allowances for sites currently zoned MU-2 in the area bound by the Pontchartrain Expressway, Mississippi River floodwall, Orange Street, and Tchoupitoulas Street. Main structures on applicable lots within this overlay district would not be subject to building height limits but are subject to a maximum floor area ratio (FAR) limit of 12. Proposed Modified Text (modified text highlighted) A new zoning overlay district, named Convention Center Height Overlay District, that is intended to create additional height allowances for sites currently zoned MU-2 in the area bound by the Pontchartrain Expressway, Mississippi River floodwall, Orange Street, and Tchoupitoulas Street. The overlay district would be subject to a maximum floor area ratio (FAR) limit of 9 calculated over the entire overlay boundary, rather than on a parcel-byparcel basis. The maximum FAR per parcel would not exceed FAR 12. Additional Information The maximum height of 85 under the current MU-2 zoning district accommodates buildings of 7 stories, and is able to generate a density similar to FAR 7. The proposed overlay boundary currently consists of 2 vacant lots and a portion of the existing Convention Center; however, the Convention Center envisions establishing a typical street grid within the vacant lots. The total number of anticipated parcels within the overlay boundary could be in the range of 4-8 including the existing Convention Center. ERNEST N. MORIAL CONVENTION CENTER ZD102/16 10/06/

63 Convention Center Development District Conceptual Envisioned Programming Summary PRELIMINARY - FOR DISCUSSION Use GBA Totals Unit Totals Parking Space Totals Floor Area Ratio* Retail 302, Jr Box 56, Apartment 962, Townhome 100, Condo 335, Office 63, Existing Convention Space 1,609, New Convention Space 683, Theater 98, Hotel 1,631, Subtotal 5,839, Open Space - at grade 142, Open Space - elevated 150, Parking Areas - structured 1,637,000-7,010 - Total 7,768, , *excludes building area of structured parking (area for required parking is not included in FAR calculations) ERNEST N. MORIAL CONVENTION CENTER ZD102/16 10/06/

64 Convention Center Development District (C2D2) FAR per Parcel based on Envisioned Programming Summary Parcel Parcel Net Sq. Ft.* C2D2 Gross Building Area** C2D2 FAR** Max. gross building area with FAR 9 Additional Allowable sq. ft. with FAR 9 Max. gross building area with FAR 12 Additional Allowable sq. ft. with FAR 12 A 501, , ,513,041 3,795,041 6,017,388 5,299,388 C 159, , ,433, ,583 1,911,444 1,290,444 D 128, , ,159,920 1,002,920 1,546,560 1,389,560 E 118, , ,070, ,226 1,426,968 1,089,968 F 232,244 1,640, ,090, ,196 2,786,928 1,146,928 G 118, , ,068, ,894 1,425,192 1,099,192 H 88, , , ,490 1,063, ,320 Existing CC 561,531 1,609, ,053,779 3,444,779 6,738,372 5,129,372 Total 1,909,681 5,839, ,187,129 11,348,129 22,916,172 17,077,172 PRELIMINARY - FOR DISCUSSION *excludes street area **excludes building area of structured parking (area for required parking is not included in FAR calculations) ERNEST N. MORIAL CONVENTION CENTER ZD102/16 10/06/

65 TCHOUPITOULAS PRELIMINARY - FOR DISCUSSION Convention Center Development District Parcels CELESTE ST. JAMES RELIGIOUS MARKET RICHARD ORANGE EUTERPE MELPOMENE RACE S PETERS PARCEL E PARCEL D PARCEL C HENDERSON PARCEL A ac 501,449 sf 2.73 ac 118,914 sf 2.96 ac 128,880 sf 3.66 ac 159,287 sf PARCEL H 2.03 ac 88,610 sf PARCEL G 2.73 ac 118,766 sf PARCEL F 5.33 ac 232,244 sf CC BLVD EXISTING CONVENTION CENTER ac 561,531 sf WHARF LINE OVERLAY PROJECT SCOPE BOUNDARY ERNEST N. MORIAL CONVENTION CENTER 10/06/2016 ZD102/

66 PRELIMINARY - FOR DISCUSSION Convention Center Development District Conceptual Site Plan ST. THOMAS CALLIOPE A. Convention Center Expansion Retail C. Retail Apartments Structured Parking CELESTE RELIGIOUS ST. JAMES MARKET RICHARD ORANGE RACE EUTERPE MELPOMENE D. Retail Townhomes E. Retail Office Apartments Structured Parking TCHOUPITOULAS S. PETERS E D C HENDERSON A F. Retail Hotel Structured Parking G. Retail Apartments Theater Structured Parking H G F CC BLVD EXISTING CONVENTION CENTER H. Retail Townhomes Condos Apartments Structured Parking OVERLAY BOUNDARY ERNEST N. MORIAL CONVENTION CENTER 10/06/2016 ZD102/

67 PRELIMINARY - FOR DISCUSSION Convention Center Development District Conceptual Massing HENDERSON ST TCHOUPITOULAS ST EUTERPE ST ERNEST N. MORIAL CONVENTION CENTER 10/06/2016 ZD102/

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