CITY PLANNING COMMISSION

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1 CITY PLANNING COMMISSION TO: HONORABLE CITY COUNCIL FROM: CITY PLANNING COMMISSION DATE: JUNE 1, 2018 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, May 22, 2018 and 2) Documents filed in relation to the zoning petition. The recommendation of the Commission is described briefly below: Zoning Docket # 061/18 Applicant: Request: Location: City Council Motion No. M Request for a conditional use to permit a bar in an HMC-2 Historic Marigny/Tremé/Bywater Commercial District and an AC-1 Arts and Culture Diversity Overlay District. Square 6, Lot 1-A or 1 or Pt 1, in the Third Municipal District, bounded by Frenchmen, Chartres, and Decatur Streets and Elysian Fields Avenue. The municipal addresses are Frenchmen Street. (PD 7) CPC Deadline: 07/21/18 CC Deadline: 60 days from receipt Councilmember: Palmer Recommendation: APPROVAL subject to six (6) provisos REASONS FOR RECOMMENDATION 1. The request is consistent with the fundamental intent of both the HMC-2 District as well as the AC-1 Arts and Culture Diversity Overlay District. 2. The proposed bar would not generate significantly higher levels of noise or activity than the existing restaurant it is proposed to replace.

2 CITY PLANNING COMMISSION CITY OF NEW ORLEANS LATOYA CANTRELL MAYOR ROBERT D. RIVERS EXECUTIVE DIRECTOR LESLIE T. ALLEY DEPUTY DIRECTOR City Planning Commission Staff Report Executive Summary Zoning Docket 061/18 Applicant: City Council Motion No. M Request: Location: This is a request for a conditional use to permit a bar in an HMC-2 Historic Marigny/Tremé/Bywater Commercial District and an AC-1 Arts and Culture Diversity Overlay District Frenchmen Street Summary of Proposal: Zoning Docket 061/18 is a request for a conditional use to permit a bar in an HMC- 2 Historic Marigny/Tremé/Bywater Commercial District and an AC-1 Arts and Culture Diversity Overlay District. The applicant seeks to establish the subject site s use as a bar in the existing restaurant space on the first floor. This petition was originally considered under Zoning Docket 110/17 wherein the CPC staff and Commission recommended approval of the application. The application was ultimately deferred past deadline by the City Council. The request is thus resubmitted for consideration via a new application initiated in accordance with Council motion M This application is valid because it was made by the Council, not the property owner. A bar is a conditional use in the HMC-2 Historic District. The AC-1 Overlay District further limits bars to a maximum of two per blockface. The staff believes the proposed use is consistent with the fundamental intent of both the HMC-2 District as well as the AC-1 Arts and Culture Diversity Overlay District, as the HMC- District is primarily intended for small, generally low-intensity commercial uses such as restaurants and retail stores, which are compatible with surrounding residential uses and the AC-1 Overlay District is intended to create a cultural destination along Frenchmen Street through the presence of bars, restaurants, and live entertainment venues.

3 The staff also finds that the proposed use meets the standards for approval in Article 4 of the Comprehensive Zoning Ordinance and is consistent with the Master Plan. Master Plan: Recommendation: The proposal is consistent with the Master Plan. The staff recommends APPROVAL of Zoning Docket 061/18 subject to six (6) provisos. Reasons for Recommendation: 1. The request is consistent with the fundamental intent of both the HMC-2 District as well as the AC-1 Arts and Culture Diversity Overlay District. 2. The proposed bar would not generate excessively higher levels of noise or activity than the existing restaurant it is proposed to replace. ZD061/18 2

4 City Planning Commission Meeting CPC Deadline: 07/21/2018 Tuesday, May 22, 2018 CC Deadline: 60 days from receipt City Council District: C - Palmer Zoning Docket 061/18 STAFF REPORT To: City Planning Commission From: Robert Rivers, Executive Director Stephen Kroll, Planning Administrator Prepared by: Robin Jones Date: May 23, 2018 I. GENERAL INFORMATION Applicant: City Council Motion No. M Request: Location: This is a request for a conditional use to permit a bar in an HMC-2 Historic Marigny/Tremé/Bywater Commercial District and an AC-1 Arts and Culture Diversity Overlay District. The petitioned property is located on Square 6, Lot 1-A or 1 or Pt 1, in the Third Municipal District, bounded by Frenchmen, Chartres, and Decatur Streets and Elysian Fields Avenue. The municipal addresses are Frenchmen Street. (PD 7) Description: The petitioned site fronts the 500 block (odd side) of Frenchmen Street in the Marigny Triangle neighborhood area of the Faubourg Marigny Local Historic District. The site s proposed uses and development standards are regulated under the provisions set forth for an HMC-2 Historic Marigny/Tremé/Bywater Commercial District and an AC-1 Arts and Culture Diversity Overlay District. It is composed of a single interior lot of record, Lot 1-A, which measures approximately 23 feet in width by 64 feet in depth, yielding an area of 1,472 square feet. The lot is developed with a 2-story masonry structure containing an existing restaurant, 13 Monaghan that occupies 1,376 square feet of the building s total square footage of 2,752 square feet. The applicant proposes to convert the restaurant into a bar, 13 Bar & Restaurant, which requires approval as a conditional use. ZD061/18 Why is City Planning Commission action required? Article 10, Section 10.2.A Uses of the Comprehensive Zoning Ordinance states that in the HMC-2 Historic Marigny/Tremé/Bywater Commercial District, a bar is a conditional use. The City Planning Commission is required to make a recommendation on all conditional 3

5 use applications prior to City Council action, in accordance with Article 4, Section 4.3.D Procedure 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? The petitioned site is located in a small HMC-2 Historic Marigny/Tremé/Bywater Commercial District shown on Figure 1. This district begins at the petitioned property s Decatur Street side property line and extends upriver along Frenchmen Street to Esplanade Avenue. The district also extends along Elysian Fields Avenue from North Peters Street to Dauphine Street. This HMC-2 District in which the site is located is neighbored by an HMC-1 Historic Marigny/Tremé/Bywater Commercial District that extends along Frenchmen Street from the site s Decatur Street property line to Royal Street. There are other, smaller incidents of HMC-2 zoning along Elysian Fields Avenue between Dauphine Street and St. Claude Avenue, but the majority of the parcels in the Marigny Triangle are residentially zoned as HMR-1 Historic Marigny/Tremé/Bywater Residential District. The HMC-2 District in which the site is located and the immediately adjacent HMC-1 District includes the Frenchmen Street entertainment corridor. The corridor, and the surrounding residential neighborhood, developed in the mid to late 19 th century and contains a rich historical building stock. The majority of buildings along Frenchmen Street, including the subject site, are two-stories in height, while there are several three-story buildings closer to the intersection with Esplanade Avenue. These structures usually feature ground floor, pedestrian-oriented commercial units with upper floors containing residential units. Most structures are built close to both side and front property lines giving the streetscape a dense and urban quality. Looking particularly at the use of these buildings, structures in both the HMC-1 and HMC- 2 Districts along Frenchmen Street contain primarily commercial uses oriented toward tourists and local residents alike (restaurants, music clubs, shops and small hotels), with some residential dwellings on upper floors. Many businesses along the corridor operate during the day, including a book shop, a tattoo parlor, a small grocery store, and several standard restaurants. Within the subject blockface (the 500 block of Frenchmen Street, odd side), there is a tattoo parlor, an art gallery, a hotel/resort, and two restaurants (including the subject property). ZD061/18 4

6 Figure 1: Zoning Map B. What is the zoning and land use history of the site? Zoning: Land Use: 1929 J Industrial 1953 J Light Industrial District 1970 HMC-1 Historic Marigny/Tremé Commercial District 2015 (prior to 8/12/2015) HMC-1 Historic Marigny/Tremé/Bywater Commercial District 1929 Industry and Warehouse 1949 Heavy Industrial 1999 Commercial 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? Since 2000, there have been multiple zoning applications in the Frenchmen Street Arts & Cultural Overlay District (under the former Comprehensive Zoning Ordinance) or the AC- 1 Arts and Culture Diversity Overlay District (in the new Comprehensive Zoning Ordinance), indicating the district's appeal as a popular nightlife and live entertainment destination. Four of these applications, Zoning Docket 002/13, Zoning Docket 008/15, Zoning Docket 093/15, and Zoning Docket 023/17 are considered recent (within the past 1 The 1999 Land Use Plan presented a generalized indication of land uses, and was not lot-specific. ZD061/18 5

7 ZD061/18 five years), but the older applications remain relevant to the current request because they pertain to the establishment of the AC Arts & Cultural Overlay District or because they represent requests similar to that made for the subject site. Zoning Docket 110/17 was the original request involving the subject property for a conditional use to permit a bar in an HMC-2 Historic Marigny/Tremé/Bywater Commercial District and an AC-1 Arts and Culture Diversity Overlay District. The municipal address is Frenchmen Street. The City Planning Commission recommended approval of the request. It was ultimately deferred past deadline by the City Council, and is now resubmitted in accordance with Council Motion M and evaluated in this report. Zoning Docket 023/17 was a request for conditional uses to permit a bar over 5,000 square feet in floor area in an HMC-1 Historic Marigny/Tremé/Bywater Commercial District and an AC-1 Arts and Culture Diversity Overlay District. The municipal address is 520 Frenchmen Street. The City Planning Commission recommended denial of the request. The application was withdrawn prior to action by the City Council. Zoning Docket 093/15 was a request for a conditional use to permit a restaurant with bar areas that do not meet the requirements of Article 11, Section Holding Bar of the Comprehensive Zoning Ordinance in an HMC-1 Historic Marigny/Tremé Commercial District and an AC Arts & Cultural Overlay District. The municipal address is 601 Frenchmen Street. The City Planning Commission recommended approval of the request which was then approved by the City Council. Zoning Docket 008/15 was a request for a conditional use to permit a cocktail lounge with live entertainment in an HMC-2 Historic Marigny/Tremé Commercial District and an AC Arts & Cultural Overlay District. The municipal address is Frenchmen Street. The City Planning Commission s motion resulted in a No Legal Majority vote. The City Council moved to deny the request. Zoning Docket 002/13 was a request for a conditional use to permit a cocktail lounge with live entertainment in an HMC-2 Historic Marigny/Tremé Commercial District and an AC Arts & Cultural Overlay District. The municipal address is 514 Frenchmen Street. The City Planning Commission recommended denial. The request was withdrawn by the applicant prior to City Council action. Zoning Docket 047/10 was a request for a conditional use to permit a cocktail lounge in an HMC-1 Historic Marigny/Tremé Commercial District and an AC Arts & Cultural Overlay District. The municipal address is 606 Frenchmen Street. The City Planning Commission recommended denial. The request was withdrawn by the applicant prior to City Council action. Zoning Docket 112/08 was a request for a zoning map amendment to extend the boundary of the AC Arts & Cultural Overlay District to include Lot 4 or Lots 4 and Parts 5 and 6 of Square 6 in an HMC-1 Historic Marigny/Tremé Commercial District in the Third Municipal District, bounded by Frenchmen, Decatur and Chartres Streets and Elysian Fields Avenue. The municipal addresses are 2100 through 2108 Chartres Street and 531 6

8 Frenchmen Street. The City Planning Commission recommended denial of the request, which was subsequently denied by the City Council. Zoning Docket 063/07 was a request for a conditional use to permit a cocktail lounge in an existing structure in an HMC-2 Historic Marigny/Tremé Commercial District and an AC Arts & Cultural Overlay District. The municipal address is 1407 Decatur Street. The City Planning Commission s action resulted in a vote of No Legal Majority. The request died due to lack of action by the City Council. Zoning Docket 052/05 was a request for a conditional use to permit a cocktail lounge in an HMC-1 Historic Marigny/Tremé Commercial District and an AC Arts & Cultural Overlay District. The municipal address is 640 Frenchmen Street. The City Planning Commission s action resulted in a vote of No Legal Majority. The City Council subsequently approved the conditional use request. Zoning Docket 017/05 was a request for a conditional use to permit a cocktail lounge in an HMC-1 Historic Marigny/Tremé Commercial District and an AC Arts & Cultural Overlay District. The municipal address is 630 Frenchmen Street. The City Planning Commission recommended approval of the request, which was subsequently approved by the City Council. Zoning Docket 095/04 was a request by City Council Motion M for a text amendment to the Comprehensive Zoning Ordinance to amend Article 10, Overlay Zoning Districts to add Section Arts & Cultural Overlay Zoning District pursuant to the recommendations of the Frenchmen Street Arts & Cultural Overlay District study. The City Planning Commission s recommendation was for approval. The City Council subsequently approved the request. This action created the original Frenchmen Street Arts & Cultural Overlay District. Zoning Docket 094/04 was a request by City Council Motion M for a zoning change for all properties along Frenchmen Street between Royal Street and Esplanade Avenue pursuant to the recommendations of the Frenchmen Street Arts & Cultural Overlay District Study and pending the establishment of an Arts & Cultural Overlay District. The request was recommended for approval by the City Planning Commission and subsequently approved by the City Council. This action was associated with the creation of the original Frenchmen Street Arts & Cultural Overlay District. Zoning Docket 012/01 was a request for a conditional use to permit a cocktail lounge in an HMC-1 Historic Marigny/Tremé Commercial District. The municipal address is 606 Frenchmen Street. The application was withdrawn by the applicant prior to City Planning Commission action. This site was also the subject of Zoning Docket 047/10. Zoning Docket 047/00 was a request for a conditional use to permit a cocktail lounge in an HMC-1 Historic Marigny/Tremé Commercial District. The municipal address is Frenchmen Street. The City Planning Commission recommended approval of the request, which was subsequently approved by the City Council. ZD061/18 7

9 ZD061/18 Zoning Docket 046/00 was a request for a conditional use to permit a cocktail lounge in an HMC-1 Historic Marigny/Tremé Commercial District. The municipal address is 623 Frenchmen Street. The City Planning Commission recommended approval of the request, which was subsequently approved by the City Council. The aforementioned zoning requests indicate that since the creation of the Frenchmen Street AC Arts & Cultural Overlay District in 2004, the City Planning Commission has usually not supported the granting of conditional uses for new bars, or cocktail lounges as they were formerly named in the old Comprehensive Zoning Ordinance. It has recommended the denial of two applications (ZD 002/13 and ZD 047/10) and did not have a legal majority recommendation for two others (ZD 063/07 and ZD 052/05). It supported one application, Zoning Docket 17/05. The City Council s actions on these applications since 2004 have been mixed. It should be highlighted that the only application for a cocktail lounge that has been considered since the AC-1 Arts and Culture Diversity Overlay District was instituted under the new Comprehensive Zoning Ordinance was Zoning Docket 023/17. The City Planning Commission did not support this application because the size of the bar, which would have exceeded 9,000 square feet, was inconsistent with the intent of the HMC-1 District as well as the AC-1 Overlay District which is intended to promote a limited number of smallscale live entertainment venues in neighborhood business districts. This is noteworthy because the bar proposed under the current application would be much smaller at 2,752 square feet. D. What are the comments related to design? Existing conditions Site conditions The property is a rectangular mid-block lot fronting on Frenchmen Street with a width of 23 feet, a depth of 64 feet, and an area of 1,472 square feet. Building conditions The plans indicate that the structure has a gross floor area of 2,752 square feet. The first floor contains a gross floor area of 1,376 square feet. The first floor plans indicate that it is to contain the bar s public areas, including a dining area, holding bar, restrooms, kitchen, and common space on the first floor. The second floor also has a gross floor area of 1,376 square feet and is to contain the non-public areas, including a restroom and storage, utility, and office space. Proposed conditions Site conditions The request involves changing the use of an existing building, and no changes are proposed for the site. 8

10 Building conditions The request involves changing the use of an existing building, and no changes are proposed for the building. Base zoning district standards The petitioned site is located within HMC-2 Historic Marigny/Tremé/Bywater Commercial District and is subject to the requirements of Article 10, Section Site Design Standards of the Comprehensive Zoning Ordinance. Bulk Regulations In accordance with Table 10-2 in Article 10, Section 10.3.A. of the Comprehensive Zoning Ordinance, there are neither minimum lot area nor minimum lot width requirements for non-residential uses. The total proposed floor area is 2,752 square feet. The maximum building height is 40 feet and no more than three (3) stories; the subject structure is less than 40 feet in height, and has only two stories. The minimum permeable open space for the site is fifteen percent (15%); for a site containing 1,472 square feet, the required minimum permeable open space would be approximately 221 square feet. The existing structure is built out to all four property boundaries; thus, the site has no permeable open space. This deficient condition is grandfathered to the site. Minimum Yard Requirements In accordance with Article 10, Section 10.3.A (Table 02-2) of the Comprehensive Zoning Ordinance, there are no front-, interior side-, nor rear-yard build-to requirements for nonresidential uses. The existing structure is built out to all four property boundaries and thus, is compliant. Building Design Standards Article 10, Section 10.6 Design Standards for Historic Marigny/Tremé/Bywater Districts contains two standards for all sites except single-and two-family dwellings: The first standard pertains to new construction and thus, does not apply. The second standard is that is that all buildings shall be oriented towards a public or private street in terms of architectural interest and building access. The existing building fronts Frenchmen Street and its main entrance is at the front of the building, facing Frenchmen Street. A. For new construction, ADA accessible ramps and lifts shall be visually unobtrusive, preferable through internalize ramps or sloped walkways. This standard does not apply. The structure is existing; there will be no new construction at the subject site. B. All buildings shall be oriented towards a public or private street in terms of architectural interest and building access. ZD061/18 The existing building fronts Frenchmen Street and its main entrance is at the front of the building, facing Frenchmen Street. 9

11 Overlay district standards In accordance with Article 18, Section 18.9.B.2, bars are conditional uses in the AC-1 Overlay District and are limited to two per blockface. This limitation would be met with the approval of the proposed bar, as it would be the only licensed bar on the blockface. The purpose statement of the AC-1 Overlay District reads as follows: The AC-1 Arts and Culture Diversity Overlay District is intended to accommodate a limited number of live entertainment uses, but with additional permissions to sustain established and promote new arts and cultural uses, including a limited number of small-scale live entertainment venues in neighborhood business or mixed-use areas. The AC-1 Diversity Overlay District seeks to maintain and reinforce small-scale uses and a balance of daytime and night-time uses that are compatible with the character of surrounding residential neighborhoods. Although the applicant is not proposing any type of live entertainment to occur at the subject site, the overlay district allows for more entertainment uses than are allowed in the base HMC-2 District. However, it is the intent of the district to balance daytime and nighttime uses. This standard has been carried over from the original AC Overlay District that was created in Though the conversion of the site from a restaurant to a bar would not impact its ability to have live entertainment as a secondary use, the conversion of the site to a bar eliminates several restaurant-specific live entertainment restrictions. Given the small size of the existing restaurant, however, it is not likely that this expanded ability would give rise to any adverse impacts on surrounding residential properties that do not already exist. Parking and vehicular use areas Per Article 22, Section 22.4.C (Table 22-2), no off-street parking spaces are required in the Historic Core Districts; therefore, the subject development is exempt from parking requirements. Bicycle parking requirements only apply to bars over 10,000 square feet in gross floor area; thus, the subject property is also exempt from the bicycle parking regulations. None appear to be provided. Landscaping This project is neither new construction nor substantial renovation of the structure, therefore is not required to comply with landscaping requirements. Lighting Exterior lighting is regulated by Article 21, Section 21.5 of the Comprehensive Zoning Ordinance. The applicant has not indicated that the site s existing exterior lighting will change in any way. To ensure the project remains in compliance, the staff recommends the following proviso: The plans submitted to the City Planning Commission for final approval shall indicate the type, locations, and height of any and all exterior lighting. Any ZD061/18 10

12 proposed exterior lighting shall comply with standards of Article 21, Section 21.5 of the Comprehensive Zoning Ordinance. Signage Applicant proposes no significant exterior changes, but at a minimum, signage will be installed. Signage is not indicated on the submitted plans. All signage is subject to the requirements of Article 24 and also subject to the review of the Historic District Landmarks Commission given the site s location in a local historic district. If approved, the staff recommends the following provisos: All signage shall conform to the requirements of Article 24 of the Comprehensive Zoning Ordinance, subject to the review and approval of the City Planning Commission. All signage and other exterior modifications shall be approved by the Historic District Landmarks Commission. Screening To ensure all refuse and recycling containers are stored in a legal location on the site and properly screened, the staff recommends the following proviso. In accordance with Article 23, Section C.1 of the Comprehensive Zoning Ordinance, the plans submitted to the City Planning Commission for final approval shall indicate the location of the trash receptacle which may be within an enclosed structure or screened by a seven foot (7 ) opaque fence with latching gates. At no time, excepting trash collection days, shall trash be stored as to be visible from the public rights-of-way. Right-of-way improvements There are no right-of-way improvements planned for the site. Use standards Miscellaneous 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 one year 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. ZD061/18 11

13 E. 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 Like the other bars along the Frenchmen Street corridor, the proposed bar would draw the greatest volume of customers during later evening hours. However, given the corridor s current businesses and uses, the conversion of the subject property from a restaurant to a bar is not likely to result in a substantial increase in traffic. Furthermore, Frenchmen Street is a destination for both neighborhood residents and tourists, many of whom stay in the nearby French Quarter or Marigny neighborhoods and who walk, bicycle, or visit multiple venues as part of one driving trip. Accordingly, it is likely that any increase in the level of vehicular traffic within the corridor and on surrounding streets would be negligible. It is far more likely that the bar would not generate many new visits to the corridor by drivers because those drivers visiting the venue would do so as part of bar-hopping trip they would otherwise make. These customers, if they drive, normally park at one location and then visit a series of bars and/or music venues. The proposed bar would simply be an additional stop on these trips. Since these trips to the corridor would occur regardless of whether or not the proposed bar were present, the addition of the bar would not produce an increase in the vehicular traffic levels associated with those customers. Parking Per Article 22, Section 22.4.C (Table 22-2), no off-street parking spaces are required in the Historic Core Districts; therefore, the subject development is exempt from parking requirements. Bicycle parking requirements only apply to bars over 10,000 square feet in gross floor area; thus, the subject property is also exempt from the bicycle parking regulations. None appear to be provided. Bicycle Parking Per Article 22, Section 22.4.C (Table 22-2), bicycle parking requirements only apply to bars over 10,000 square feet in gross floor area; thus, the subject property is also exempt from the bicycle parking regulations. None appear to be provided. Loading No off-street loading spaces exist or are proposed for the site. Pursuant to Article 22, Section 22.7.C, no off-street loading spaces are required in the Historic Core Districts; therefore, the subject development is exempt from loading requirements. No loading spaces are provided on site. ZD061/18 12

14 F. What effects/impacts would the proposed conditional use have on adjacent properties? The proposed bar is expected to be generate moderately levels of activity, as many bars and entertainment destinations do. This is appropriate for this site within a commercial corridor, close to a major intersection that is characterized by commercial uses of different intensities. Due to its small size and absence of parking, the proposed use represents no excessively greater impact than the existing restaurant. It should also be noted that the bar use is consistent with the broad intent of the AC-1 Overlay District, which is to support Frenchmen Street s role as a cultural and entertainment destination, while also appropriately limiting the number and scale of such establishments to ensure balance with other uses. The site is located along Frenchmen Street, which runs in a general north-south direction through the Marigny Triangle before terminating at Esplanade Avenue south of the site. Frenchmen Street, like most streets in the interior of the Marigny Triangle, is a narrow oneway street providing a single travel lane and a parking lane on each side. Frenchmen Street can experience a heavy volume of traffic associated with the commercial uses that flank it, particularly during the evening hours when the restaurants and bars along the corridor draw most of their customers. This traffic includes a mix of vehicular traffic associated with people driving to the corridor and attempting to park in the corridor or on surrounding blocks, and the non-motorized vehicle traffic generated by pedestrians and bicyclists. The other nearby streets traversing the interior of the Marigny Triangle carry relatively low levels of traffic at most times, although there can be some spill-over of automobile, pedestrian, and bicycle traffic from Frenchmen Street onto these surrounding streets on weekend evenings. While the streets on the interior of the Marigny Triangle are narrow, single-lane streets, the streets forming the edges of the Marigny Triangle, Esplanade Avenue, Elysian Fields Avenue, and McShane Place/Saint Claude Avenue, are multiple lane streets that are designed for and carry higher volumes of traffic. These streets carry substantial volumes of traffic between the Faubourg Marigny and adjacent neighborhoods at all times. During those evening times when the Frenchmen Street corridor is busiest, they also are used by vehicles traveling to and from Frenchmen Street. G. What are the comments from other agencies/departments/committees? Design Advisory Committee This project involves an existing building for which no exterior alteration are proposed and for which a change of the building s use is being sought. Accordingly, the project is not subject to Design Advisory Committee review. Planning Advisory Committee The Planning Advisory Committee generally reviews conditional use requests which require physical modifications to the exteriors of sites, particularly when they affect the public right-of-way. As this application is solely to allow a change in the use of an existing ZD061/18 13

15 ZD061/18 structure and does not propose substantial construction to the exterior of the site, the application was not considered by the Planning Advisory Committee. H. 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 Article 4, Section 4.3.F Approval Standards of the Comprehensive Zoning Ordinance. In this section, the staff evaluates the application using those standards. The proposed use at the specified location is consistent with the policies embodied in the adopted Master Plan. This standard is met. The Home Rule Charter of the City of New Orleans requires all land use actions to be consistent with the Master Plan. A land use action is consistent with the Plan for the 21st Century, commonly known as the Master Plan, if it furthers, or at least does not interfere with, the goals, policies, and is compatible with the proposed future uses, densities, and intensities designated in the Land Use Element of the Plan. Chapter 14 of the Master Plan (the Land Use Plan) designates the future land use of the petitioned site as Mixed-Use Historic Core. The goal, range of uses and development character for that designation are provided below. MIXED-USE HISTORIC CORE Goal: Increase convenience and walkability for neighborhood residents and visitors within and along edges of historic core neighborhoods. Range of Uses: A mixture of residential, neighborhood business, and visitororiented businesses. Uses may be combined horizontally or vertically, and some structures may require ground floor retail with residences or offices on upper floors. In some areas where current or former industrial use is verified, existing buildings may be appropriate for craft and value added industry. Agricultural, stormwater management, and supporting public recreational and community facilities are allowed. Transit and transportation facilities are allowed. Development Character: The density, height, and mass of new development will be consistent with the character and tout ensemble of the surrounding historic neighborhood. Appropriate transitions will be provided to surrounding residential areas. Allow the adaptive reuse of historic non-residential structures with densities higher than the surrounding neighborhood through the planned development process. Allow higher residential densities when a project is providing significant public benefits such as long-term affordable housing. Incorporate risk reduction and adaptation strategies in the built environment. The future land use map designation for the site envisions a mixture of commercial and residential uses in close proximity to one another. A bar could be considered to fit within this range of uses. In such cases, the decision as to whether or not to grant a conditional 14

16 ZD061/18 use must be made on a case-by-case basis upon an evaluation of the impacts of the proposed use. The existing structure is also consistent with the development character described for the district; its density, massing, and height are similar to other historic structures along the Frenchmen Street corridor. The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations. The standard is met. In reviewing the proposed bar, the staff must determine whether or not it is consistent with the purpose and intent of both the underlying HMC-1 District as well as the AC-1 Overlay District. The HMC-1 Historic Marigny/Tremé/Bywater Commercial District is intended to provide for restricted retail stores and service establishments that will attract tourists and local residents without adversely affecting either the character of the historic Marigny/Tremé/Bywater area or nearby residences. The AC-1 Arts and Culture Diversity Overlay District is intended to accommodate a limited number of live entertainment uses, but with additional permissions to sustain established and promote new arts and cultural uses, including a limited number of smallscale live entertainment venues in neighborhood business or mixed-use areas. The AC-1 Diversity Overlay District also seeks to maintain and reinforce small-scale uses and a balance of daytime and night-time uses that are compatible with the character of surrounding residential neighborhoods. Consistency with HMC-2 District A bar is a service establishment that will attract tourists and local residents alike, as intended in the HMC-2 District; however, the district is primarily intended for small, generally low-intensity commercial uses such as restaurants and retail stores. Bars are conditional uses due to the variety of potentially negative impacts that would be incompatible with surrounding residential uses in the densely developed neighborhoods of the Marigny, Tremé, and Bywater. The key factor in assessing the consistency of the proposal with the intent of the base HMC- 2 District is examining the level of adverse impacts associated with the proposed use upon nearby residences, and determining if these impacts are adequately mitigated through imposed conditions. The staff believes that due to the relatively small size of the bar s public areas, it would only accommodate a small number of patrons at one time, minimizing the overall level of activity and impacts it might have on other properties. The staff has recommended several provisos that should limit the amount of noise generated from the venue, the primary nuisance element associated with bars. It is also important to analyze the change in impact of the current use of the property as a restaurant to the proposed use as a bar. Currently, a restaurant located in the AC-1 Overlay District is permitted to have live entertainment as a secondary use. The applicant has not expressed any desire to have live entertainment at the subject property; however, restaurants are nonetheless subject to restrictions that do not apply to bars: they are prohibited from charging a cover; they are restricted in the amount of stage area allowed; all musical accompaniment must end before 10 pm Sunday through Wednesday and before midnight Thursday through Saturday. In addition, no restaurant seating may be removed 15

17 during performances to accommodate a dance area, and food service is to remain during all performances. If the subject site were converted to a bar, it would be subject to none of those restrictions. ZD061/18 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 both the bar use standards as well as environmental performance standards. The proposed bar, if approved, would be the only licensed bar on the blockface. 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. As mentioned previously, given the Frenchmen Street corridor s current mixture of uses and the moderate size of the existing restaurant, the proposed conversion of that restaurant to a bar is not likely to diminish the character or integrity of the surrounding neighborhoods. Any variance of zoning standards meets the approval standards of Section 4.6.F. This is not applicable. The applicant has not stated an intent to request any variances. 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. Given the Frenchmen Street corridor s current mixture of uses and the moderate size of the existing restaurant, the proposed conversion of that restaurant to a bar is not likely to be detrimental to the public health, safety or welfare or result in material damage or prejudice to other property in the vicinity. III. SUMMARY Zoning Docket 061/18 is a request for a conditional use to permit the conversion of an existing restaurant into a bar in an HMC-2 Historic Marigny/Tremé/Bywater Commercial District and an AC-1 Arts and Culture Diversity Overlay District. The petitioned site fronts Frenchmen Street on the 500 block between Decatur and Chartres Streets. This petition was originally considered under Zoning Docket 110/17, which was ultimately deferred past deadline by the City Council. The request is thus resubmitted for consideration via a new application initiated in accordance with Council Motion M The staff believes the proposed use is consistent with the fundamental intent of both the HMC-2 District as well as the AC-1 Arts and Culture Diversity Overlay District. First, the HMC-2 District is primarily intended for small, generally low-intensity commercial uses such as restaurants and retail stores, which are compatible with surrounding residential 16

18 uses. The addition of less than 1,500 square feet of publically-accessible bar space along the Frenchmen Street is not likely to result in any detriment or adverse impact to the surrounding area that corridor that does not already exist. Therefore, the staff supports the application. IV. PRELIMINARY STAFF RECOMMENDATION 2 The staff recommends APPROVAL of Zoning Docket 061/18 subject to six (6) provisos. Provisos 1. The bar shall conform with the following use standards contained in Article 20, Section 20.3.G of the Comprehensive Zoning Ordinance: a. The bar shall submit the following impact management plans to the Department of Safety and Permits: i. A security and operation plan, which includes the provision of exterior security cameras. If the bar contains a brewing or distilling facility on-site, a floor plan indicating the area reserved for brewing or distilling, a description of the facility and capacity shall be included in the security and operation plan. ii. A noise abatement plan. b. Bars shall submit a summary of the number and location of place of worship, educational facilities, and parks and playgrounds within three-hundred (300) feet of the proposed location. c. Unless otherwise permitted by law, retail sales of packaged alcoholic beverages for consumption off the premises are prohibited. d. Bars with live entertainment are also subject to the standards of this Article for live entertainment secondary use. Live entertainment is a separate principal use and subject to separate approval. e. If the bar use plans an increase in intensity, such as an expansion of floor area or increase in permitted occupancy, the security and operation plan shall be updated and resubmitted for approval. A revised security and operation plan shall be approved prior to the issuance of any permits. f. Security and operation plans may be revised by the property owner or licensed operator. New plans shall be resubmitted for approval. g. On-site micro-brewing and micro-distillery facilities are allowed. 2. In accordance with Article 18, Section 18.9.C.4, the proposed bar shall mitigate noise to those levels specified in the Noise Ordinance by soundproofing the live entertainment area. 2 Subject to modification by the City Planning Commission ZD061/18 17

19 3. In accordance with Article 23, Section C.1 of the Comprehensive Zoning Ordinance, the plans submitted to the City Planning Commission for final approval shall indicate the location of the trash receptacle which may be within an enclosed structure or screened by a seven-foot (7 ) opaque fence with latching gates. At no time, excepting trash collection days, shall trash be stored as to be visible from the public rights-of-way. 4. All signage shall conform to the requirements of Article 24 of the Comprehensive Zoning Ordinance, subject to the review and approval of the City Planning Commission. 5. All signage and other exterior modifications shall be approved by the Historic District Landmarks Commission. 6. The Department of Safety and Permits shall issue no building permits or licenses for this project until final development plans, if applicable, 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. V. REASONS FOR RECOMMENDATION 3 1. The request is consistent with the fundamental intent of both the HMC-2 District as well as the AC-1 Arts and Culture Diversity Overlay District. 2. The proposed bar would not generate significantly higher levels of noise or activity than the existing restaurant it is proposed to replace. VI. CITY PLANNING COMMISSION MEETING (May 22, 2018) The staff planner summarized the request, stating the staff s recommendation of approval. One (1) speaker spoke in support of the request, with no one speaking in opposition. Commissioner Steeg made a motion for approval, which was seconded by Commissioner Wedberg and adopted. Motion: BE IT MOVED BY THE CITY PLANNING COMMISSION THAT ZONING DOCKET 061/18 IS HEREBY RECOMMENDED FOR APPROVAL SUBJECT TO SIX (6) PROVISOS. BE IT FURTHER MOVED THAT THE EXECUTIVE DIRECTOR IS HEREBY AUTHORIZED TO NOTIFY THE CITY COUNCIL OF SAID ACTION. 3 Subject to modification by the City Planning Commission ZD061/18 18

20 ZD061/18 Provisos 1. The bar shall conform with the following use standards contained in Article 20, Section 20.3.G of the Comprehensive Zoning Ordinance: a. The bar shall submit the following impact management plans to the Department of Safety and Permits: i. A security and operation plan, which includes the provision of exterior security cameras. If the bar contains a brewing or distilling facility on-site, a floor plan indicating the area reserved for brewing or distilling, a description of the facility and capacity shall be included in the security and operation plan. ii. A noise abatement plan. b. Bars shall submit a summary of the number and location of place of worship, educational facilities, and parks and playgrounds within three-hundred (300) feet of the proposed location. c. Unless otherwise permitted by law, retail sales of packaged alcoholic beverages for consumption off the premises are prohibited. d. Bars with live entertainment are also subject to the standards of this Article for live entertainment secondary use. Live entertainment is a separate principal use and subject to separate approval. e. If the bar use plans an increase in intensity, such as an expansion of floor area or increase in permitted occupancy, the security and operation plan shall be updated and resubmitted for approval. A revised security and operation plan shall be approved prior to the issuance of any permits. f. Security and operation plans may be revised by the property owner or licensed operator. New plans shall be resubmitted for approval. g. On-site micro-brewing and micro-distillery facilities are allowed. 2. In accordance with Article 18, Section 18.9.C.4, the proposed bar shall mitigate noise to those levels specified in the Noise Ordinance by soundproofing the live entertainment area. 3. In accordance with Article 23, Section C.1 of the Comprehensive Zoning Ordinance, the plans submitted to the City Planning Commission for final approval shall indicate the location of the trash receptacle which may be within an enclosed structure or screened by a seven-foot (7 ) opaque fence with latching gates. At no time, excepting trash collection days, shall trash be stored as to be visible from the public rights-of-way. 4. All signage shall conform to the requirements of Article 24 of the Comprehensive Zoning Ordinance, subject to the review and approval of the City Planning Commission. 5. All signage and other exterior modifications shall be approved by the Historic District Landmarks Commission. 19

21 6. The Department of Safety and Permits shall issue no building permits or licenses for this project until final development plans, if applicable, 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. YEAS: NAYS: ABSENT: Green, Hankins, Hughes, Lunn, Steeg, Stewart, Wedberg None Brown VII. REASONS FOR RECOMMENDATION 1. The request is consistent with the fundamental intent of both the HMC-2 District as well as the AC-1 Arts and Culture Diversity Overlay District. 2. The proposed bar would not generate significantly higher levels of noise or activity than the existing restaurant it is proposed to replace. ZD061/18 20

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