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 059/16 Executive Summary Applicant: CITY COUNCIL MOTION NO. M Request: This is a request to rescind Ordinance No. 7,560 M.C.S. (Zoning Docket 74/79 establishing a conditional use to permit a fast food/drive-in restaurant in a B-1 Neighborhood Business District) and Ordinance No. 21,894 M.C.S. ( Zoning Docket 110/04 - establishing a conditional use to permit the sale of alcoholic beverages for consumption off-premises at a gas station/convenience store in a B-1 Neighborhood Business District) as the conditional uses are obsolete and should be removed from the Official Zoning Map, to allow for redevelopment of Lots 1-A, B, C, and D (all of which are proposed to be consolidated into Lot B1 under Subdivision Docket 003/16), Square , in the Third Municipal District, bounded by Elysian Fields Avenue, Robert E. Lee Boulevard and Marigny and Madrid Streets. Location: The municipal addresses are Robert E. Lee Boulevard and Elysian Fields Avenue. Summary of Proposal: Zoning Docket 059/16 is a request for rescission of Ordinance No. 7,560 M.C.S. and Ordinance No. 21,894 M.C.S., as the conditional uses are obsolete. The subject property is approximately 54,520 square feet, or 1.25 acres in size, and it is located at the corner of Robert E. Lee Boulevard and Elysian Fields Avenue. The site formerly housed a fast food/drive-in restaurant and a gas station, but those structures were demolished sometime between 2007 and The foundation remains. The site is currently composed of four lots which are proposed to be resubdivided into a single lot of record for re-development. The proposal meets the standards of Revocation of Conditional Use set forth in Article 4 of the Comprehensive Zoning Ordinance. 1

2 Master Plan: Recommendation: Rescissions of ordinances are procedural matters that are not addressed by the Master Plan. The CPC staff recommends approval of Zoning Docket 059/16, a request to rescind Ordinance No. 7,560 M.C.S. and Ordinance No. 21,894 M.C.S. Reasons for Recommendation: 1. The proposal meets the standards of Revocation of Conditional Use set forth in Article 4, Section 4.3.I of the Comprehensive Zoning Ordinance. 2

3 City Planning Commission Meeting CPC Deadline: 08/13/16 Tuesday, June 14, 2016 CC Deadline: 60 days from receipt Council District: D Brossett Zoning Docket: 059/16 STAFF REPORT To: City Planning Commission From: Robert Rivers, Executive Director Stephen Kroll, Assistant Planning Administrator Prepared by: Danica Adams Date: June 16, 2016 Applicant: CITY COUNCIL MOTION NO. M Request: This is a request to rescind Ordinance No. 7,560 M.C.S. (Zoning Docket 74/79 establishing a conditional use to permit a fast food/drive-in restaurant in a B-1 Neighborhood Business District) and Ordinance No. 21,894 M.C.S. ( Zoning Docket 110/04 - establishing a conditional use to permit the sale of alcoholic beverages for consumption off-premises at a gas station/convenience store in a B-1 Neighborhood Business District) as the conditional uses are obsolete and should be removed from the Official Zoning Map, to allow for redevelopment of the subject site Location: Lots 1-A, B, C, and D (all of which were recently consolidated into Lot B1 under Subdivision Docket 003/16), Squares , in the Third Municipal District, bounded by Elysian Fields Avenue, Robert E. Lee Boulevard and Marigny and Madrid Streets. The municipal addresses are Robert E. Lee Boulevard and Elysian Fields Avenue. (PD 6) Description: The subject property is approximately 54,520 square feet, or 1.25 acres in size, and it is located at the corner of Robert E. Lee Boulevard and Elysian Fields Avenue. The site formerly housed a fast food/drive-in restaurant and a gas station, but those structures were demolished sometime between 2007 and The foundations remain. The multiple lots forming site were recently consolidated into a single lot of record for re-development. The proposal meets the standards of Revocation of Conditional Use set forth in Article 4 of the Comprehensive Zoning Ordinance. 3

4 I. Why is City Planning Commission action required? The City Planning Commission is required to make a recommendation on all proposed zoning ordinances and amendments prior to City Council action, in accordance with Section Zoning Ordinance of the Home Rule Charter of the City of New Orleans. I. CONTEXT A. Description of existing conditional use ordinance There are two conditional uses to be rescinded. Under the Comprehensive Zoning Ordinance effective at the time both of the conditional use ordinances were adopted, the sites were located in a B-1 Neighborhood Business District in which fast food/drive-in restaurants and the sale of alcoholic beverages for consumption off-premises were authorized as conditional uses. In 1979, Zoning Docket 74/79, a conditional use to permit a fast food/drive-in restaurant, was granted. This conditional use affected the former Lots B, C, and D, on the north-east corner of Elysian Fields Avenue and Madrid Street. The municipal address is Elysian Fields Avenue The conditional use was effected by Ordinance No. 7,560 M.C.S. In 2004, Zoning Docket 110/04, a conditional use to permit the sale of alcoholic beverages for consumption off-premises at a gas station/convenience store was granted. This conditional use affected the former Lot 1-A, on the south east corner of Elysian Fields of Robert E. Lee Boulevard. The municipal address is Robert E. Lee Boulevard. The conditional use was effected by Ordinance No. 21,894 M.C.S. Between October 2007 and January 2008, the structures were demolished. Although the concrete for the parking area and the slab foundations remain, the site has been vacant since that time. The City Council now requests that the conditional uses be removed from the official zoning map. Under the current Comprehensive Zoning Ordinance, the site is located in an S-B2 Suburban Pedestrian-Oriented Corridor Business District. The S-B2 Pedestrian-Oriented Corridor Business District is intended for clusters of pedestrianoriented business uses generally located along corridors. The district regulations are designed to encourage compatibility with adjacent or nearby suburban residential uses and maintain the pedestrian-oriented character of the area. B. Purpose of rescission The City Council has determined that the existing conditional uses are obsolete and should be removed from the Official Zoning Map, to allow for redevelopment of site. 4

5 II. COMPLIANCE WITH APPROVAL STANDARDS Compliance with Article 4 of the Comprehensive Zoning Ordinance Article 4, Section 4.3.I Revocation of Conditional Use of the Comprehensive Zoning Ordinance states that a conditional use may be revoked through the adoption of an ordinance by the City Council after finding that any one (1) of the following conditions exists or after the occurrence of any of the following events: 1. The operation of the use for which a conditional use has been approved ceases for a continuous period of one (1) year by discontinuation or abandonment. 2. Any of the provisions of this Ordinance or any of the terms and conditions of the conditional use approval are violated. 3. A request is made by the property owner to revoke the conditional use. In this case, the first event has occurred since the structures associated with these uses were demolished sometime between 2007 and Compliance with the adopted Master Plan A land use action is consistent with the Master Plan if it furthers, or at least does not interfere with, the goals, policies, and guidelines in the Land Use Element of the Master Plan and is compatible with the uses, densities, and intensities of the designation of its site on the Future Land Use Map. Chapter 14: Land Use Plan of the Master Plan designates the future land use of the petitioned site as Mixed Use Low Density. MIXED USE LOW DENSITY Goal: Increase neighborhood convenience and walkability within and along edges of neighborhoods with low density residential and neighborhood-serving retail/commercial establishments. Range of Uses: Low-density single-family, two-family and multifamily residential and neighborhood business; typically businesses in residential scale buildings interspersed with residences. Uses can be combined horizontally or vertically (ground floor retail required in certain areas). Limited light-industrial uses (craft and value added industry and passive warehousing and storage) may be allowed in some areas. Development Character: Height/mass, and density of new development varied depending on surrounding neighborhood character. Rescissions of ordinances are procedural matters that are not addressed by the Master Plan. 5

6 III. SUMMARY Zoning Docket 059/16 is a request for rescission of Ordinance No. 7,560 M.C.S. and Ordinance No. 21,894 M.C.S., as the conditional uses are obsolete. The subject property is approximately 54,520 square feet, or 1.25 acres in size, and it is located at the corner of Robert E. Lee Boulevard and Elysian Fields Avenue. The site formerly housed a fast food/drive-in restaurant and a gas station, but those structures were demolished sometime between 2007 and The foundations remain. The site is composed of four lots which were recently re-subdivided into a single lot of record for re-development. The proposal meets the standards of Revocation of Conditional Use set forth in Article 4 of the Comprehensive Zoning Ordinance. IV. PRELIMINARY STAFF RECOMMENDATION 2 The CPC staff recommends approval of Zoning Docket 059/16, a request to rescind Ordinance No. 13,654 M.C.S. V. REASONS FOR RECOMMENDATION 1. The proposal meets the standards of Revocation of Conditional Use set forth in Article 4, Section 4.3.I of the Comprehensive Zoning Ordinance. VI. CITY PLANNING COMMISSION MEETING (JUNE 14, 2016) The staff summarized the request, stating the staff s recommendation of approval. One speaker was present. The speakers at the public hearing are listed on the attached public hearing speaker sheet. Commissioner Green made a motion to approve the request, and the motion was seconded by Commissioner Brown, and was subsequently adopted. Motion: BE IT MOVED BY THE CITY PLANNING COMMISSION THAT ZONING DOCKET 059/16 IS HEREBY RECOMMENDED FOR APPROVAL. BE IT FURTHER MOVED THAT THE EXECUTIVE DIRECTOR IS HEREBY AUTHORIZED TO NOTIFY THE CITY COUNCIL OF SAID ACTION. YEAS: NAYS: ABSENT: Brown, Duplessis, Green, Marshall, Mitchell, Mora, Wedberg None None RECUSED: Steeg 6

7 VII. REASONS FOR RECOMMENDATION 1. The proposal meets the standards of Revocation of Conditional Use set forth in Article 4, Section 4.3.I of the Comprehensive Zoning Ordinance. 7

8 City of New Orleans Property Viewer June 7, 2016 Override 1 1:9, mi km

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12 From: Sent: To: Subject: CPCinfo Tuesday, June 07, :20 AM Danica C. Adams FW: City Planning Commission June 14 Meeting 6101 Elysian Fields Ave and Robert E Lee Public comment for ZD 059/ Original Message----- From: jeanelmaria@cox.net [mailto:jeanelmaria@cox.net] Sent: Saturday, June 04, :24 PM To: CPCinfo Subject: Fwd: City Planning Commission June 14 Meeting 6101 Elysian Fields Ave and Robert E Lee > Dear City Planning Commission, > In reference to the above topic Motion M-16. Please voice these concerns to the City Planning Commission at the Meeting to be held June 14 at 1:30. >.. I AM IN FAVOR OF SMALL RETAIL. LAW OFFICES ETC. This area is basic residential and the commercial extensions should be complimentary to that. There are enough Fast Food and alcohol selling stores in area. We have Universities, schools and many homes in this area and should respect their future. Keep in mind; the air quality, safety and upward mobility for the residents and the students who walk and breath this area every day. I appreciate having you to speak in behalf of my concerns for a Better New Orleans. > Thank you so very much, > Jeanel - Williams - Monconduit

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