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 City Planning Commission Staff Report Executive Summary Zoning Docket 053/16 Applicant: Request: Location: WVH INVESTMENTS LLC This is a request for a zoning change from an HU-RD2 Historic Urban Two-Family Residential District to an HU-MU Neighborhood Mixed-Use District. The municipal addresses are Desire Street. Summary of Proposal: Master Plan: Recommendation: The purpose of the proposed re-zoning is to allow this vacant lot to be developed with a specialty restaurant, a sweet shop. The site is currently zoned as a HU-RD2 Two-Family Residential District, which does not allow a specialty restaurant as a permitted or conditional use. The proposed HU-MU Neighborhood Mixed Use District will allow the site to be utilized as a specialty restaurant as well as a variety of other uses and for a portion of the property to be developed to provide four (4) off-street parking spaces. The proposal is not consistent with the Master Plan. The staff recommends denial of the request. Reasons for Recommendation: 1. The request is a spot zone and does not satisfy the criteria of the Historic Nonconforming Use Policy. 2. The request is inconsistent with the Plan for the 21 st Century: New Orleans ZD 053/16 1

2 City Planning Commission Meeting CPC Deadline: 07/23/16 Tuesday, May 24, 2016 CC Deadline: 60 days from receipt Council District: C Council Member: Ramsey PRELIMINARY STAFF REPORT Zoning Docket: 053/16 To: City Planning Commission From: Robert Rivers, Executive Director Stephen Kroll, Assistant Planning Administrator Prepared by: Stosh Kozlowski Date: May 17, 2016 I. GENERAL INFORMATION: Applicant: Request: Location: WVH INVESTMENTS LLC This is a request for a zoning change from an HU-RD2 Historic Urban Two-Family Residential District to an HU-MU Neighborhood Mixed-Use District. The property is located on Square 601, Lots A and B, in the Third Municipal District, bounded by Desire, N. Robertson, Gallier and N. Villere Streets. The municipal addresses are Desire Street. (PD 7) Description: The petitioned site is located at the corner of Desire Street and N. Robertson Street. The site consists of two vacant lots measuring in total sixty-five feet and two inches (65 2 ) in width and one hundred twenty and five inches (120 5 ) in depth with a total of 7,850 square feet in area. ZD 053/16 2

3 Gas Station Residence N. Robertson St. Desire St. Image 1: 1951 Sanborn Map of Subject Property The applicant proposes a zoning change in order to operate a specialty restaurant, a sweet shop, which is not allowed in the current HU-RD2 Two-Family Residential District. The use would be allowed under the proposed HU-MU Neighborhood Mixed-Use District. According to historic 1951 Sanborn Maps and other data, the vacant site was once utilized as a filling station on one of the two lots proposed for a zoning change. The site is adjacent to a multi-family residential structure. Aerial imagery indicates that the petitioned site has been vacant since at least ZD 053/16 3

4 Why is City Planning Commission action required? The City Planning Commission is required to make a recommendation on all requests for zoning map amendments prior to City Council action, in accordance with Article 4, Section 4.2.D Action by the Planning Commission of the Comprehensive Zoning Ordinance. II. ANALYSIS A. What is the zoning of the surrounding areas? What is the existing land use and how are the surrounding areas used? Zoning The site is located within a large HU-RD2 Two-Family Residential District which occupies the majority of the interior of the neighborhood bounded by Florida Avenue, Poland Avenue, St. Claude Avenue and Montegut Street. An HU-B1 District is one block lakebound from the proposed site at N. Claiborne Avenue. Land use Image 2: Subject Property The HU-RD2 District in which the site is located is generally composed of one-story and a few two-story, two-family residences. There is a majority of two-family and multifamily structures with other single-family structures throughout. The parcels abutting the subject site are one multi-family dwelling and one single-family dwelling. The majority of residences in the immediate neighborhood have off-street parking. B. What is the zoning and land use history of the site? Zoning: 1929 A Single Family District 1953 C Four Family District 1970 RD-3 Two-Family Residential District Prior to August 2015 RD-3 Two-Family Residential District Current HU-RD2 Two-Family Residential District ZD 053/16 4

5 Land Use: 1929 Vacant Property 1949 Commercial/Single-Family Residential 1999 Residential Single/Two Family 1 C. Have there been any recent zoning changes or conditional uses in the area? If so, do these changes indicate any particular pattern or trend? There have been two land use requests within the last five (5) years that the staff considers to be directly relevant to the application. Zoning Docket 092/15 was a request for a zoning change from HU-RD2 Two-Family Residential District to a HU-B1 Historic Urban Neighborhood Business District. The municipal addresses are Desire Street. The City Planning Commission recommended approval of the request due to a history of commercial use on the subject property. The request was subsequently approved by City Council. This zoning docket is diagonally across the intersection of Desire Street and N. Robertson Street from the subject property. Zoning Docket 035/16 was a request for a zoning change from HU-RD2 Two-Family Residential District to a HU-B1 Historic Urban Neighborhood Business District. The municipal address is 2037 Elysian Fields Avenue. The City Planning Commission recommended approval of the request due to a history of commercial use on the subject property. City Council has not ruled on the subject property at the writing of this report. This zoning docket is twenty (20) blocks away from the subject property. The recommendation of the City Planning Commission in regards to these applications indicates that the Commission has, in certain instances, supported the rezoning of properties with histories of commercial use even when buildings that are commercial in their physical character are no longer present. D. Are any major streets involved? What impact will the proposed zoning change have on the transportation system, if any? Traffic The site is bounded by two-way local streets with parking on both sides which primarily are used by area residents to travel to and from their homes. This site generated no traffic as a vacant property. The staff does not believe that adverse traffic impacts will be generated by the proposed sweet shop. Desire and N. Robertson Streets should easily accommodate any marginal increase in traffic due to the proposed use. 1 The 1999 Land Use Plan presented a generalized indication of land uses, and was not lot-specific. ZD 053/16 5

6 Off-street Parking A new commercial structure will be constructed for the sweet shop. Off-street parking will be provided on-site with the building footprint occupying most of the lot. This use and any other use of the site allowed under the proposed HU-MU District would be subject to the off-street parking requirements of the Comprehensive Zoning Ordinance. E. What is the purpose of the proposed rezoning? The applicant proposes to construct a commercial structure on the lot. The HU-RD2 District would only permit single and two-family dwellings as well as established neighborhood commercial uses and multi-family dwellings. 2 The requested HU-MU District is intended to provide for low density mixed-use development of up to four stories. This district may serve as a transition zone between single and two-family neighborhoods and adjacent higher intensity land uses. Uses permitted in the HU-MU District which would not be permitted in the HU-RD2 District include specialty restaurants. F. Can the request be considered a spot zone? Does it fall within the Historic Non- Conforming Use Policy? The request is a spot zone. Spot zoning refers to zoning changes that have the effect of singling out a lot or other relatively small tracts of land for treatment different from similar surrounding parcels. These zoning changes have the effect of granting preferential treatment to these parcels which is not also granted to surrounding similar properties. The subject property it would be a spot zone because it would single out the subject property for treatment different from the other properties in the HU-RD2 District, which are generally very similar to the subject property. Although spot zones are generally discouraged, the City Planning Commission may favorably consider requests for spot zones under the Historic Non-Confirming Use Policy in instances where the physical character and historic use of the parcel(s) are significantly dissimilar from surrounding properties in a manner that justifies differential treatment. This policy is used to evaluate non-conforming commercial, industrial or institutional structures that are different in historic land use from surrounding properties. The Historic Non-Conforming Use policy identifies criteria by which a spot zone may be granted, including four general criteria and four specific criteria by which the request should be judged. This request does not meet the criteria, which are intended for sites developed with historic non-residential structures. The property does have a history of non-residential use as a gas station, however, the last record of the gas station was Article 11 Section 11.1.C - Adopted CZO effective August 12, 2015, Purpose Statements ZD 053/16 6

7 Currently, the lots are vacant. Therefore, the Historic Non-Conforming Use policy is not met. N. Robertson St. Vacant Desire St. Image 3: Sanborn Map of Desire Street G. Evaluation of approval standards The City Planning Commission recommendation and the City Council decision on any zoning map 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. ZD 053/16 7

8 The proposed amendment is compatible with the Master Plan and Future Land Use Map. This standard is not met. The Master Plan s Future Land Use Map designates the site as within a Residential Low-Density Pre-War area. RESIDENTIAL LOW DENSITY PRE-WAR Goal: Preserve the scale and character of pre-war (WWII) residential neighborhoods of lower density where the predominant use is single and twofamily residential and allow for compatible infill development. Discourage the development of additional multifamily housing that is out of scale with existing character. Range of Uses: New development generally limited to single or two-family dwellings, and preservation of existing multifamily buildings. Businesses and traditional corner stores may be allowed where current or former commercial use is verified. Supporting public recreation and community facilities (e.g., schools and places of worship) also allowed. Conversion to multifamily may be allowed for certain existing historical institutional, commercial to other non-residential uses. Development Character: New development will fit with the character and scale of surrounding residential neighborhoods where structures are typically located on smaller lots and have minimal front and side setbacks. Maximum density of 24 units/acre. The proposed rezoning does not fit within the goal, range of uses or development character of the Residential Low Density Pre-War category. The Master Plan states that businesses and traditional corner stores may be allowed where current or former commercial use is verified. The staff takes this to allow only for the commercial use of existing structures that are commercial in physical character. Although the site has been confirmed as having once maintained a gas station, the site is now vacant. The petitioned site could be developed with a two-family residence, which would fit with the character of the surrounding area and would be consistent with the category s range of uses. Though the staff considers the application to be inconsistent with the Master Plan, the Commission s previous actions regarding Zoning Docket 092/15 and 035/16 demonstrates a precedent for the commercial rezoning of vacant sites with histories of commercial use. If the commission finds the rezoning of this site to be appropriate, the site should be rezoned to an HU-B1A Neighborhood Business District. The HU-B1A District is intended specifically for corner locations within otherwise residential neighborhoods and allow specialty restaurants as a permitted use. In contrast, the HU- ZD 053/16 8

9 MU District is applied mostly along corridors and allows relatively high intensity uses such as hotels, gas stations, and bars, thereby making the HU-MU inappropriate in this context. The proposed amendment is compatible with the place designations of this Ordinance. This standard is met. The proposed amendment requests a Historic Urban District, which is compatible with the Historic Urban place designation of the area. The proposed amendment is compatible with existing use and zoning of nearby property. This standard is met. The HU-MU Mixed-Use District is designed to be compatible with the HU-RD2 Historic Urban Two-Family Residential zoning of the surrounding area. The proposed amendment promotes the public health, safety and welfare of the City. The proposed amendment is to allow a specialty restaurant, which would not directly impact the public health, safety and welfare of the City. The proposed amendment is a more suitable zoning classification for the property than the current classification. This standard is not met. The proposed rezoning is in conflict with the Master Plan s future land use designation. Based upon the length of time that the property in question has been vacant, the proposed amendment is a more suitable zoning classification for the property than the current classification considered in the context of development in the area where the property is located. This standard is not met. Although this lot is currently vacant, the lot is similar to surrounding vacant lots in the HU-RD2 District that are allowed similar opportunities for residential development. The proposed amendment corrects an error or omission, adds clarification to existing requirements, or reflects a change in policy. This standard is not met. The proposed amendment does not correct an error, or reflect a change in current policy. ZD 053/16 9

10 The proposed amendment benefits the citizens of the City as a whole. The proposed amendment would not have a significant impact on the City as a whole. The proposed amendment provides a more workable way to achieve the intent and purposes of this Ordinance and the Master Plan. This standard is not met. The proposed amendment would not be consistent with the intent of this Ordinance and the Master Plan. The zoning change would create a spot zone to a zoning district that is inconsistent with the Master Plan. The proposed amendment does not create a significant number of nonconformities. This standard is met. The proposed amendment would not create a non-conformity. The proposed amendment is compatible with the trend of development, if any, in the general area of the property in question. The proposed amendment does not fit within the current trend of development as the surrounding area is primarily developed with single- family, two-family and multi-family residences. IV. SUMMARY Zoning Docket 053/16 is a request for a zoning change from an HU-RD2 Two-Family Residential District to an HU-MU Multi-Family Residential District. The lot is vacant. The proposed HU-MU District is a moderate intensity multi-use zoning district in the historic urban neighborhoods, but would be inconsistent with the development pattern in this neighborhood of primarily small single-family, two-family and multi-family dwellings. The request would be a spot zone and could not be supported by the Historic Non-conforming Use Policy of the City Planning Commission. The request is also inconsistent with the Master Plan. V. PRELIMINARY STAFF RECOMMENDATION 3 The staff recommends DENIAL of Zoning Docket 053/16, a request for a zoning change from an HU-RD2 Two-Family Residential District to an HU-MU Neighborhood Mixed- Use District. VI. REASONS FOR RECOMMENDATION 3 Subject to modification by the City Planning Commission ZD 053/16 10

11 1. The request is a spot zone and does not satisfy the criteria of the Historic Nonconforming Use Policy. 2. The request is inconsistent with the Plan for the 21 st Century: New Orleans ZD 053/16 11

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