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 092/16 Executive Summary Applicant: Request: Location: Jerome and Wanda J. Williams This is a request for a zoning change from an S-B1 Suburban Business District to an S-B2 Suburban Pedestrian-Oriented Corridor Business District. The municipal address is Morrison Road. Summary of Proposal: Master Plan: Recommendation: Zoning Docket 092/16 is a request for a zoning change from an S-B1 Suburban Commercial District to an S-B2 Suburban Pedestrian-Oriented Corridor Business District. The applicant proposes a zoning change in order to subdivide the parcel into an adjacent parcel on Morrison Road for a proposed O Reilly Auto Parts retail store development. Given its size, this retail store is a conditional use in the existing S-B1 Suburban Business District but would be allowed as a permitted use in the proposed S-B2 Suburban Pedestrian-Oriented Corridor Business District. The property has a history of vacancy and underutilization and is adjacent to another vacant parcel. The proposal is consistent with the Master Plan. The proposal is consistent with the Master Plan. The staff recommends APPROVAL of the request. Reasons for Recommendation: 1. The request is consistent with the Plan for the 21 st Century: New Orleans 2030 ZD 092/16 1

2 2. The site and the adjacent lot are intended to serve as a single development site. The zoning change would ensure consistent zoning across the entire development site. ZD 092/16 2

3 City Planning Commission Meeting CPC Deadline: 11/12/16 Tuesday, September 13, 2016 CC Deadline: 60 days from receipt Council District: E Council Member: Gray PRELIMINARY STAFF REPORT Zoning Docket: 092/16 To: City Planning Commission From: Robert Rivers, Executive Director Stephen Kroll, Planning Administrator Prepared by: Stosh Kozlowski Date: September 6, 2016 I. GENERAL INFORMATION: Applicant: Request: Location: Description: Jerome and Wanda J. Williams This is a request for a zoning change from an S-B1 Suburban Business District to an S-B2 Suburban Pedestrian-Oriented Corridor Business District. The property is located on Section 24, Lot 1B4BA in the Third Municipal District, bounded by Read Boulevard, Morrison Road, Restgate Road and Flossmoor Drive. The municipal address is Morrison Road. (PD9) The petitioned site is located near the corner of Morrison Road and Read Boulevard. The site consists of a vacant lot measuring in total one hundred and forty-five feet (145 ) in width and two hundred and thirteen feet (213 ) in depth with a total of 30,885 square feet in area. The applicant proposes a zoning change in order to develop the site and the adjacent parcel at Morrison Road with an O Reilly Auto Parts retail store development. The 7,225 square foot retail store is allowed only as a conditional use in under the existing S-B1 District zoning, which allows retail stores up to 5,000 square feet by right and over 5,000 square feet as conditional uses. It would be allowed by right under the proposed S-B2 Suburban Pedestrian-Oriented Corridor Business District, which allows uses up to 25,000 square feet by right. The existing S-B1 District ZD 092/16 3

4 would limit the retail use to 5,000 square feet by right. The zoning change would also cause the zoning of the entire proposed O Reilly site to be consistent. The O Reilly site includes both the subject site and the adjacent lot at Morrison Road. The adjacent lot is currently zoned S-B2. Changing the subject site s zoning to also be S-B2 would cause the zoning of the entire O Reilly site to be uniform. Subject site (10060 Morrison Rd.) It is currently zoned S- B1 and proposed to be rezoned to S-B2. Adjacent site (10050 Morrison Rd.) It is zoned S-B2 and is to be combined with the subject site for development. Image 1: Arial view of and Morrison Road. 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.3 Actions by the City Planning Commission of the Comprehensive Zoning Ordinance. ZD 092/16 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? Zoning The site is located within an exceptionally small S-B1 Suburban Business District which occupies only three lots, including the subject site. A small S-B2 Suburban Pedestrian-Oriented Corridor Business District is directly adjacent from the proposed site, covering just seven lots itself and bounded by a significantly large S-RS Suburban Single-Family Residential District. Located south of the subject property are a significant number of commercially zoned parcels that are adjacent to Interstate 10. Land use Image 2: Morrison Road Zoning The S-B1 Suburban Business District in which the site is located is composed of vacant land and an early child development center. The parcels abutting the S-B1 Suburban Business District are single-family dwellings to the east and an underutilized building hosting an insurance agency to the west. Across from the subject property is a wide canal and a Walgreens in the distance. Across Read Boulevard in the S-B2 District is a large Shell gas station, and a strip mall with various restaurant and retail uses including a seafood restaurant and a hair salon. The residences in the immediate neighborhood all maintain off-street parking. B. What is the zoning and land use history of the site? Zoning and Land Use History: Zoning: 1929 Unrestricted 1953 Single-Family District 1970 B2 Neighborhood Business District Prior to August 2015 B-2 Neighborhood Business District ZD 092/16 5

6 Land Use: 1929 Vacant Property 1949 Vacant Land 1999 Neighborhood Commercial 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 no rezoning requests in the surrounding five block area within the last five years that the staff considers to be directly relevant to the application. 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, divided arterial with on-street parking available on Read Boulevard and a two-way collector street with on street parking available on Morrison Road. Flossmoor Drive and Restgate Road are both two-way local street with on-street parking availability. The proposed S-B2 District allows larger retail uses by right so there is a possibility that the zoning change could increase traffic. However, Read Boulevard and Morrison Road are operating under capacity and any increase in traffic could easily be managed by the existing roadway configuration. Off-street Parking The applicant will be required to provide off-street parking in accordance with Article 22. According Article 22, Section 22.4.A (Table 22-1) Off-Street Vehicle and Bicycle Parking Requirements. However, no off-street parking is required for a zoning change. E. What is the purpose of the proposed rezoning? The purpose of the zoning change is to allow the entire proposed O Reilly Auto Parts development site to have a consistent zoning that allows the development by right. The requested S-B2 District is intended to provide for relatively larger commercial developments that are consistent with the character of the surrounding neighborhood and are intended to serve the immediate area with minimal impact on the surrounding residential uses. It is intended for clusters of pedestrian-oriented 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. 1 The 1999 Land Use Plan presented a generalized indication of land uses, and was not lot-specific. ZD 092/16 6

7 The uses allowed in the S-B2 District are generally the same as those allowed in the S-B1 District, with the exception it also allows permanent supportive housing facilities, bars, and kennels (all of which are conditional in the S-B2 District and prohibited in the S-B1 District) and funeral homes and public markets (which are permitted in S-B2 District and prohibited in the S-B1 District).. F. Can the request be considered a spot zone? Does it fall within the Historic Non- Conforming Use Policy? The request is not 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 undue 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 requested zoning change would expand the existing S-B2 District to an adjacent parcel, it would not be considered a spot zone because it simply shifts the boundary line from the existing S-B2 Distract. Because the property is not considered a spot zone, the subject site does not will not necessitate the review standards of the Historic Non-Conforming Use Policy. 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. The proposed amendment is compatible with the Master Plan and Future Land Use Map. This standard is met. The Master Plan s Future Land Use Map designates the site as within a Neighborhood Commercial area which includes both the S-B1 District and the S-B2 District at the intersection of Morrison Road. 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. ZD 092/16 7

8 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 proposed rezoning is consistent with the goal, range of uses or development character of the neighborhood commercial category. The requested S-B2 Suburban Pedestrian-Oriented Corridor Business District is intended to provide for commercial retail developments that are consistent with the character of the surrounding neighborhood and are intended to serve the immediate area with minimal impact on the surrounding residential uses. The S-B2 District is deemed consistent with the Neighborhood Commercial future land use designation by the Appendix A (commonly known as the consistency table ) of the Comprehensive Zoning Ordinance. The proposed amendment is compatible with the place designations of this Ordinance. This standard is met. Suburban neighborhoods are the neighborhoods that developed predominantly in the mid to late 20 th century, which are characterized by a lower density and a vehicle scale environment. The proposed amendment requests an S-B2 Suburban Pedestrian Oriented Corridor Business District, which is compatible with the place designation of the area. The proposed amendment is compatible with existing use and zoning of nearby property. This standard is met. The existing land use pattern in the immediate area is a mix of moderately-sized retail and service commercial uses (as well as vacant lots)around the intersection of Morrison Road and Read Boulevard surrounded by low-density, suburban single-family residential development. The proposed zoning change, which would simply shift the boundary between an S-B1 District and an S-B2 District to make the zoning consistent across a development parcel, is consistent with this land use and zoning pattern. ZD 092/16 8

9 The proposed amendment promotes the public health, safety and welfare of the City. This standard is met. The proposed zoning change is consistent with the Master Plan and would not impair 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 sufficiently met. The proposed zoning is more suitable than the existing zoning because most of the O Reilly development site is zoned S-B2. Given the practical need to have a uniform zoning across the entire site, it makes more sense for the subject site, which constitutes only about a quarter of the overall development site, to be zoned S-B2. Given this and given that both the existing and proposed zoning districts are consistent with the Master Plan, the staff considers the proposed zoning classification to be more suitable than the existing zoning classification. 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 sufficiently met. The subject site is vacant and appears to have been vacant for some time. The site s zoning may contribute to this, although it has been zoned S-B2 only since August, The site s vacant state is more likely the result of larger economic conditions than it is of the site s zoning. Nevertheless, given that the proposed zoning is requested to allow the site s redevelopment, the request indicates that the current zoning may be discouraging development to some extent. The proposed amendment corrects an error or omission, adds clarification to existing requirements, or reflects a change in policy. The proposed amendment does not correct an error, or reflect a change in current policy. The proposed amendment benefits the citizens of the City as a whole. The proposed amendment requested in conjunction with a redevelopment proposal that would serve the surrounding neighborhood. However, the application would have minimal direct effect 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. ZD 092/16 9

10 This standard is sufficiently met. The proposed amendment would be consistent with the intent of this Ordinance and the Master Plan, as the site would remain consistent with the Neighborhood Commercial future land use. The proposed amendment does not create a significant number of nonconformities. This standard is met. The proposed amendment for a zoning change would not create any nonconformities. The proposed amendment is compatible with the trend of development, if any, in the general area of the property in question. This standard is met. Across from Read Boulevard from the subject site, in the S-B2 District, is a large Shell gas station, and a strip mall with various restaurant and retail uses including a seafood restaurant and a hair salon. The proposed zoning change amendment would be allow for similar types of neighborhood-oriented commercial development, although potentially at a larger scale. IV. SUMMARY Zoning Docket 092/16 is a request for a zoning change from an S-B1 Suburban Commercial District to an S-B2 Suburban Pedestrian-Oriented Corridor Business District. The applicant proposes a zoning change in order to combine the parcel with an adjacent parcel on Morrison Road development with an O Reilly s Auto Parts retail store development. The use would be allowed under the proposed S-B2 Suburban Pedestrian- Oriented Corridor Business District. The zoning change would cause the entire development site to have consistent zoning. It sufficiently meets the approval standards for zoning change applications, including consistency with the Master Plan. V. PRELIMINARY STAFF RECOMMENDATION 2 The staff recommends APPROVAL of Zoning Docket 092/15, a request for a zoning change from an S-B1 Suburban Business District to an S-B2 Pedestrian Oriented Corridor Business District. VI. REASONS FOR RECOMMENDATION 1. The request is consistent with the Plan for the 21 st Century: New Orleans The site and the adjacent lot are intended to serve as a single development site. The zoning change would ensure consistent zoning across the entire development site. 2 Subject to modification by the City Planning Commission ZD 092/16 10

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