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 095/16 Executive Summary Applicant: Request: Location: Loc V. Nguyen and Ngoc-Loi T. Trinh This is a request for a Conditional Use to permit retail sales of packaged alcoholic beverages at a retail store in a C-1 General Commercial District, ENORC Eastern New Orleans Renaissance Corridor Use Restriction Overlay District and a CT Corridor Transformation Design Overlay District Chef Menteur Highway Summary of Proposal: Master Plan: Recommendation: Zoning Docket 095/16 is a request for a Conditional Use to permit the retail sale of packaged alcoholic beverages for off-premise consumption in a retail goods establishment in a C-1 General Commercial District. The site is located along Chef Menteur Highway at the intersection of Alcee Fortier Boulevard in the Village de l Est neighborhood. The applicant currently operates an approximately 3,300 square foot grocery and is proposing the retail sale of packaged alcoholic beverages for off-premise consumption, which is a conditional use. The staff recommends provisos to address some concerns around signage and accessible parking. The retail sales of alcoholic beverages would not have a significant impact on the surrounding properties, and the request is consistent with the Neighborhood Commercial future land use designation in the Master Plan. For these reasons, the staff is supportive of the conditional use request. The requested conditional use is not addressed by the Master Plan. The staff recommends APPROVAL of Zoning Docket 095/16, subject to seven (7) provisos. ZD 095/16 1

2 Reasons for Recommendation: 1. The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations, and meets all applicable approval standards. 2. The proposal is consistent with the Plan for the 21 st Century. ZD 095/16 2

3 City Planning Commission Meeting CPC Deadline: 11/26/16 Tuesday, September 27, 2016 CC Deadline: 60 days from receipt Council District: E Gray Zoning Docket: 095/16 PRELIMINARY STAFF REPORT To: City Planning Commission From: Robert Rivers, Executive Director Stephen Kroll, Planning Administrator Prepared by: Nicholas Kindel Date: September 20, 2016 I. GENERAL INFORMATION Applicant: Request: Location: Loc V. Nguyen and Ngoc-Loi T. Trinh This is a request for a Conditional Use to permit retail sales of packaged alcoholic beverages at a retail store in a C-1 General Commercial District, ENORC Eastern New Orleans Renaissance Corridor Use Restriction Overlay District and a CT Corridor Transformation Design Overlay District. The petitioned property is located on an undesignated square, Lee-Michoud Highway Units Subdivision, Lot 42, in the Third Municipal District, bounded by Chef Menteur Highway, Alcee Fortier Boulevard, and Old Gentilly Road. The municipal address is Chef Menteur Highway. (PD 10) Description: The subject property, Lot 42, is located on Chef Menteur Highway across from Alcee Fortier Boulevard in Village de l Est neighborhood of New Orleans East. The lot measures approximately 100 feet in width, 305 to 308 feet in depth, and 30,650 square feet in area. There are two main structures on the site. The building in front is a one-story, t-shaped building with a maximum width of approximately 51 feet and a maximum depth of approximately 75 feet. The structure is occupied by a grocery store, Chef Market, which is the subject of this conditional use request. 1 The rear structure is two-stories and is currently vacant. There is an open change of use permit request to open a pool hall/indoor amusement facility on the first floor of this structure. 2 This rear structure was previously occupied by an oyster shucking plant 3 and a tire repair shop. 4 1 The building permit application for the grocery store renovation, RNVN, was submitted on December 1, 2015, received the permit on February 26, 2016, and was granted a Certificate of Occupancy on April 27, Change of Use permit # was submitted on April 21, 2016 and is currently under review. 3 Change of Use permit # CUSE 4 Building permit # RNVN ZD 095/16 3

4 Figure 1: Subject Grocery Store The conditional use application is a request to permit retail sales of packaged alcoholic beverages at the grocery store. According to plans submitted by the applicant, the t- shaped grocery store measures 51 feet wide by 39 feet deep for a total area of approximately 3,300 square feet. There is a parking lot in the front that provides 14 marked off-street parking spaces. The subject property is located in a C-1 General Commercial District, an ENORC Eastern New Orleans Renaissance Corridor Use Restriction Overlay District, and a CT Corridor Transformation Design Overlay District. The grocery store, a retail goods establishment, is a permitted use in these districts. However, the proposed retail sale of packaged alcoholic beverages is considered a conditional use in the C-1 District and the ENORC Overlay District. Why is City Planning Commission action required? According to Article 15, Section 15.2.A (Table 15-1), the retail sale of packaged alcoholic beverages is a conditional use in the C-1 General Commercial District. In addition, according to Article 18, Section 18.4.B.1.b retail sale of packaged alcoholic beverages is a conditional use in the ENORC Eastern New Orleans Renaissance Corridor Use Restriction Overlay District. The City Planning Commission is required to make a recommendation on all conditional use applications prior to City Council action, in accordance with Article 4, Section 4.3.D Conditional Uses - Procedure of the Comprehensive Zoning Ordinance. ZD 095/16 4

5 II. ANALYSIS A. What is the zoning of the surrounding areas? What is the existing land use? And how are the surrounding areas used? The subject property is located within a C-1 General Commercial District that is located along the Southside of Chef Menteur Highway to the Louisville & Nashville Railroad between Interstate 510 and Recovery Road. Nearby uses in this C-1 District include a mix of commercial, multi-family residential, intuitional, and industrial uses with many vacant structures and lots. Specific nearby uses include a number of retail stores, restaurants, personal services establishments, warehouses, auto repair facilities, places of worship, a fire station, and a hotel. The development pattern in this area is predominately single-use commercial and industrial developments. Across the street from the subject property is an S-B2 Pedestrian-Oriented Corridor Business District that runs along the Northside of Chef Menteur Boulevard. Uses in this S-B2 District include the following commercial, light industrial, and residential uses: restaurants, grocery stores, personal services establishment, health clinics and doctor/dentist offices, pharmacies, jewelry stores, offices, apartment buildings, a manufactured home development, a pool hall, and a reception facility. The development pattern directly across the street from the subject property is strip shopping centers. Directly behind the subject property on the other side of the railroad is a large HI Heavy Industrial District. Uses in the HI District include the Folgers Coffee facility, NASA s Michoud Assembly Facility, and other industrial uses. On the other side of the S-B2 District across Bayou Michaud is a mix of residential zoning districts including S-RS Single-Family Residential District, S-RD Two-Family Residential District, and S-RM2 Multi-Family Residential District. Uses in these districts include single-family, twofamily, and multi-family dwellings, both occupied and vacant. In addition to the base zoning, all of the properties in New Orleans East fronting Chef Menteur Boulevard between the Industrial Canal and the Michaud Levee are located in an ENORC Eastern New Orleans Renaissance Corridor Use Restriction Overlay District and a CT Corridor Transformation Design Overlay District. B. What is the zoning and land use history of the site? Zoning: Land Use: 1929 L Unrestricted 1953 S Suburban District 1957 J Light Industrial District 1970 LI Light Industrial District 2015 (prior to 8/12/2015) LI Light Industrial District 2015 (effective 8/12/2015) C-1 General Commercial District 1929 Vacant Property 1949 Vacant Property ZD 095/16 5

6 1999 Commercial 5 C. Have there been any recent zoning changes or conditional uses or planned developments in the immediate area? If so, do these changes indicate any particular pattern or trend? In the past five years, there has been one request for zoning actions (including zoning changes, conditional use permits, and planned development districts) for properties located within 1,800 feet (approximately five blocks) of the site. Zoning Docket 016/14 was a request for Conditional Use to permit a cocktail lounge in a C-1 General Commercial District and within the UC Urban Corridor Overlay District. The municipal address is Chef Menteur Highway. The request was recommended for approval by the City Planning Commission and was subsequently approved by the City Council. The site is within one block of the subject property. The one recent request to permit alcoholic beverage sales for on or off the premise consumption was recommended for approval by the City Planning Commission and approved by City Council. D. What are the comments from the design review staff? Site layout and building design The subject property, Lot 42, is a rectangular-shaped lot that measures approximately 100 feet in width, 305 to 308 feet in depth, and 30,650 square feet in area. There are two structures onsite. The front structure is a grocery store, and the rear structure is currently vacant, but there is a proposal to open a pool hall on the first floor of the two-story structure. The front structure is the subject of this conditional use request for the retail sales of packaged alcoholic beverages in the retail goods establishment. The grocery store occupies the entirety of the front structure which is t-shaped building with a maximum width of approximately 51 feet and a maximum depth of approximately 75 feet, and of total area of approximately 3,300 square feet. The grocery store is a permitted use in the C-1 District and the ENORC Use Overlay District, and it was previously reviewed and permitted by the Department of Safety and Permits. There are some site design issues which will be addressed below. The subject of this conditional use request is the retail sales of packaged alcoholic beverages at the grocery store. To limit the approval of the conditional use to this structure, the staff recommends the following proviso: The conditional use shall only apply to the existing retail goods establishment which is located in the front, one-story structure on a portion of Lot 42, as shown on the submitted site and floor plans. 5 The 1999 Land Use Plan presented a generalized indication of land uses, and was not lot-specific. ZD 095/16 6

7 The grocery store is currently in operation and the floor plan shows the existing layout of the facility. There are coolers located along the front and both sides of the store. In the middle of the store are four display shelves. In the rear of the public portion of the grocery store is the deli and hot food area and behind that is the grocery storage and a large walk-in cooler. There is a restroom and an office in rear left corner. In the front next to the door is the checkout counter. ABO Performance Standards It should be noted that Chapter 10, Section of the City Code enumerates restrictions on the sale of packaged alcoholic beverages within 300 feet of a playground, church, public library, school, funeral home, or mortuary. Per Chapter 10, Section (b) of the City Code, the sale of packaged liquor is permitted within retail operations as long as, the wholesale cost of package liquor stocked and displayed does not exceed 15 percent of the wholesale cost of other merchandise stocked and displayed and where package liquor display does not constitute more than ten percent of all display area and where package liquor is not advertised outside or off the premises. The staff did not identify a playground, church, public library, school, funeral home, or mortuary within 300 feet, so these restrictions would not apply. Trash and Litter Abatement Article 23, Section A of the Comprehensive Zoning Ordinance requires that all refuse and recycling containers be screened from view from the adjacent properties and the public rights-of-way with an opaque fence that is no less than six (6) feet tall, subject to the review and approval of the City Planning Commission staff. As part of the building permit, the applicant was required to screen the dumpster; however, the gate is broken so the dumpster is visible from the public right-of-way (see Figure 2 below). The applicant shall repair the gate to fence screening the dumpster. If approved, the staff recommends the following proviso: In accordance with Article 23, Section A, the applicant shall repair the fence gate and maintain the six (6) foot tall opaque fence that screens all refuse and recycling containers from view from the adjacent properties and the public rights-of-way, subject to the review and approval of the City Planning Commission staff. ZD 095/16 7

8 Figure 2: Dumpster screening with a broken gate Signage Signage is not indicated on the submitted plans. The applicant did submit a sign permit application to the Department of Safety and Permits for a 48 square foot wall sign, which was approved (see Figure 3 below). 6 The subject property is located in a CT Design Overlay District, and per Article 4, Section 4.5.B.4.c, sign applications require the review and approval of the City Planning Commission staff. At the time of the sign application, the Department of Safety and Permits did not refer the applicant to the City Planning Commission. The existing wall sign appears to be in compliance with the wall sign requirements, in Article 24, Section F; however it still requires City Planning Commission staff approval. Therefore, the staff recommends the following proviso: The applicant shall submit plans for the existing 48 square foot wall sign for review and approval by the City Planning Commission staff. The staff did note on recent visit to the site that there are additional signs that have not be reviewed or approved by the City. There are two monument signs and two window signs that have not been approved by the City (see Figure 3 below). Some of these sign may comply with the requirements, while other signs likely do not. The applicant shall submit all signs to the City Planning Commission for review and approval. All signs shall comply with the requirements of Article Attached Sign Permit SATT was issued on May 5, 2016; however no certificate of completion has been issued. ZD 095/16 8

9 Figure 3: Grocery Store Signage In addition to all of the signs that relate to the grocery business, there are unpermitted signs on the rear structure (see Figure 4 below). There are two wall signs for the proposed poll hall business in the first floor of the rear structure. The change of use application has not been approved and the business does not have a license. In addition, these signs have not be reviewed or approved by either the City Planning Commission or the Department of Safety and Permits. These signs shall be removed until the business is licensed and the signs have been approved by the City Planning Commission and the Department of Safety and Permits. If approved, the staff recommends the following proviso: 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. ZD 095/16 9

10 Figure 4: Unpermitted signs on the rear structure for proposed pool hall Miscellaneous Lastly, to ensure the alcoholic beverage license is not issued by the Department of Finance prior to finalizing the conditional use, the staff recommends the following proviso: No City department shall issue alcoholic beverage outlet licenses for this project until final development plans are approved by the City Planning Commission and recorded with the Office of Conveyances. Failure to complete the conditional use process by properly recording plans within a one year time period or failure to request an administrative extension as provided for in Article 4, Section 4.3.H of the Comprehensive Zoning Ordinance will void the conditional use approval. F. What impact will the proposed conditional use have on the transportation system, if any? What are the off-street parking and off-street loading requirements? Can they be provided on site? If not, is a waiver required? Traffic The subject property fronts Chef Menteur Highway directly across from Alcee Fortier Boulevard. Chef Menteur Highway, also designated as U.S. Route 90, is a major roadway that handles interstate traffic between New Orleans and Mississippi. Chef Menteur Highway is a divided highway with two travel lanes and a wide shoulder on both sides of the street. In addition, there is a left turn for eastbound traffic on Chef Menteur to turn onto Alcee Fortier. Alcee Fortier Boulevard is a major two-way street that serves the adjacent commercial uses and provides access to the residential interior of the Village de l Est neighborhood. Alcee Fortier is divided by a neutral ground with two travel lanes ZD 095/16 10

11 and a parking lane on both sides of the street. RTA s Route 94 (Broad) provides frequent public transportation service along both Chef Menteur and Alcee Fortier. Traffic on both of these streets is light relative to their capacities. The request is to add retail sales of packaged alcoholic beverages at an existing grocery store. The grocery store is relative small in size, and does not generate much traffic. The request to add alcoholic beverage sales may result in a slight increase in traffic, but it would be minor considering the existing traffic at the grocery store. In addition, the surrounding street network has surplus capacity to easily absorb the relatively minor increase in traffic; therefore, the request would not have any negative impact on the transportation system. Parking There are 14 off-street parking spaces on the site for the grocery store. There are 5 spaces directly in front of the store, 5 diagonal spaces along the east property line, and 4 diagonal spaces in the center of the property in front of the grocery store. Per Article 22, Section 22.4.A (Table 22-1), the retail goods establishment is required to provide one off-street parking space per every 500 square feet of floor area. The grocery store has a floor area of approximately 3,300 square feet and is required to provide 7 parking spaces. Therefore, the grocery store meets the minimum off-street parking requirement. Since the applicant reused an existing parking lot, the maximum vehicle parking requirement in Article 22, Section 22.4.B does not apply. In addition, Article 22, Section 22.8.K requires compliance with ADA accessible vehicle parking requirements. There are no accessible vehicle parking spaces and the applicant appears to be required to provide one space. Therefore, the staff recommends the following proviso: In accordance with Article 22, Section 22.8.K, the applicant shall comply with the ADA Accessibility Guidelines for Buildings and Facilities regulations. Loading According to Article 22, Section 22.7, off-street loading spaces are required for commercial uses that are greater than 10,000 square feet. The grocery store is only approximately 3,300 square feet, so no off-street loading spaces are required. The applicant does not have a designated loading zone, but there does appear to be plenty of space around the grocery store for loading to occur. The request is compliant with the offstreet loading requirements. H. Compliance with approval standards The City Planning Commission recommendation and the City Council decision on applications for a conditional use shall, on the basis of all information submitted, evaluate the impact of the conditional use on and the compatibility of the use with surrounding properties and neighborhoods to ensure the appropriateness of the use at a particular location. The Commission and Council are required to specifically consider the extent to which the proposed use meets several approval standards contained in Article 4, Section ZD 095/16 11

12 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 Master Plan if it furthers, or at least does not interfere with, the goals, policies, and guidelines in the Chapter 14: Land Use Plan 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. The petitioned property s future land use designation is Neighborhood Commercial. The goal, range of uses, and development character for that designation are as follows: NEIGHBORHOOD COMMERCIAL Goal: Provide areas for small-scale, neighborhood-oriented commercial development that enhances the pedestrian character and convenience of neighborhoods by allowing commercial establishments in select locations within walking distance to surrounding residential areas. Range of Uses: Retail and professional service establishments serving local neighborhood area residents. Common uses include small groceries, restaurants, barber shops/salons, clothing boutiques, banks, pharmacies, and small health professional offices. Conversion to multifamily may be allowed for certain existing historic institutional, commercial or other non-residential buildings. Development Character: Buildings are oriented to the sidewalk (parking in rear where possible) with maximum heights related to the character of the street. Landscape requirements for parking lots facing the street. The request is to permit the retail sale of packaged liquor alcoholic beverages in an existing grocery store. The existing use meets the range of uses of the Master Plan. The sale of alcoholic beverages within a grocery store, however, is not addressed in the Master Plan. In such cases, the decision as to whether or not to grant a conditional use must be made on a case-by-case basis. The staff believes the inclusion of packaged alcohol sales at a grocery store is a common aspect of small groceries and would be minimally impactful and therefore not interfere with the goals of the Master Plan. While the structure is not completely consistent with the development character, the applicant is reusing an existing structure and does not trigger substantial review of the site and structure design. ZD 095/16 12

13 The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations. This standard is met. The C-1 General Commercial District is intended to provide appropriate locations for a variety of commercial activities, generally serving a wide area and located particularly along commercial corridors with a mix of commercial, service, and residential activities. The staff believes the addition of the retail sale of packaged alcoholic beverages to be consistent with the intent of the zoning district to provide a variety of commercial activities, which includes the retail sales of alcoholic beverages. The proposed use meets all standards specifically applicable to the use as set forth in Article 20 and all environmental performance standards of Article 21, Section This standard is met. There are no special use standards applied to the retail sales of packaged alcoholic beverages within Article 20 of the Comprehensive Ordinance. The proposal should meet all applicable environmental performance standards of Article 21, Section 21.3 including the recommended provisos. The proposed use is compatible with and preserves the character and integrity of adjacent development and neighborhoods and, as required by the particular circumstances, includes improvements or modifications either on-site or within the public right-of-way to mitigate development-related adverse impacts. This standard is met. The applicant intends to sell alcoholic beverages for off-premise consumption at a retail good establishment. A retail goods establishment is permitted within the C-1 District, while the sale of packaged alcoholic beverages at the store is a conditional use. The sale of packaged alcoholic beverages is classified as a conditional use not because it is inherently problematic. Rather, the potential for negative impacts on adjacent properties resulting from the retail sale of alcoholic beverages can vary widely between establishments selling packaged alcoholic beverages as a result of significant variation in the quality of the management of those establishments. When properly managed, the retail sale of alcoholic beverages can be no more offensive to properties in the surrounding area than the sale of any non-alcoholic beverage. Furthermore, because the sale of packaged alcoholic beverages would be secondary to the sale of several other food and beverage items proposed at the petitioned site, the staff believes their sale would not likely have any significant impact on the surrounding properties. Any variance of zoning standards meets the approval standards of Section 4.6.F. This standard is met since no variances are needed with this request. 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. The inclusion of the retail sale of packaged alcoholic beverages should have no material impact to the public health, safety, and welfare of the surrounding neighborhood. ZD 095/16 13

14 IV. SUMMARY Zoning Docket 095/16 is a request for a Conditional Use to permit the retail sale of packaged alcoholic beverages for off-premise consumption in a retail goods establishment in a C-1 General Commercial District. The site is located along Chef Menteur Highway at the intersection of Alcee Fortier Boulevard in the Village de l Est neighborhood. The applicant currently operates an approximately 3,300 square foot grocery and is proposed the retail sale of packaged alcoholic beverages for off-premise consumption, which is a conditional use. The staff recommends provisos to address some concerns around signage and accessible parking. The retail sales of alcoholic beverages would not have a significant impact on the surrounding properties, and the request is consistent with the Neighborhood Commercial future land use designation in the Master Plan. For these reasons, the staff is supportive of the conditional use request. V. PRELIMINARY STAFF RECOMMENDATION 7 The CPC staff recommends APPROVAL of Zoning Docket 095/16, subject to six (6) provisos: Provisos 1. No City department shall issue alcoholic beverage outlet licenses for this project until final development plans are approved by the City Planning Commission and recorded with the Office of Conveyances. Failure to complete the conditional use process by properly recording plans within a one year time period or failure to request an administrative extension as provided for in Article 4, Section 4.3.H of the Comprehensive Zoning Ordinance will void the conditional use approval. 2. The conditional use shall only apply to the existing retail goods establishment which is located in the front, one-story structure on a portion of Lot 42, as shown on the submitted site and floor plans. 3. In accordance with Article 23, Section A, the applicant shall repair the fence gate and maintain the six (6) foot tall opaque fence that screens all refuse and recycling containers from view from the adjacent properties and the public rights-of-way, subject to the review and approval of the City Planning Commission staff. 4. The applicant shall submit plans for the existing 48 square foot wall sign for review and approval by the City Planning Commission staff. 5. 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. 7 Subject to modification by the City Planning Commission ZD 095/16 14

15 6. In accordance with Article 22, Section 22.8.K, the applicant shall comply with the ADA Accessibility Guidelines for Buildings and Facilities regulations. VI. REASONS FOR RECOMMENDATION 8 1. The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations, and meets all applicable approval standards. 2. The proposal is consistent with the Plan for the 21 st Century. 8 Subject to modification by the City Planning Commission ZD 095/16 15

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