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 Executive Summary Zoning Docket 075/16 Applicant: Request: GCE 234 Loyola, LLC This is a request for Conditional Uses to permit the retail sales of packaged alcoholic beverages and to permit a bar in a CBD-1 Core Central Business District. Location: The municipal addresses are Loyola Avenue. (PD 1A) Summary of Proposal: The petitioned site is developed with the Pythian building which was constructed in 1909 and has been used for a variety of purposes. After years of sitting vacant, the Pythian building is currently undergoing a historic renovation. The nine story structure will include 69 dwelling units as well as the Pythian Market. The Pythian Market will be located on the first floor and a portion of the second floor and will include 27 vendor stalls and a restaurant with a bar. The vendors will offer a variety of food, beverage and retail items. The developer is requesting conditional uses to permit the retail sale of packaged alcohol and a bar in order to accommodate the variety of uses within the space. The Master Plan does not address alcohol specifically. 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 retail sales of packaged alcoholic beverages and a bar at this location would not interfere with the goals of the Master Plan. Additionally, the staff believes if the use is responsibly managed, the impacts of its operation will not be particularly offensive to properties in the vicinity of the subject site. Further, standard provisos have been recommended to mitigate any potential negative impacts. For these reasons, the staff recommends approval of the request. ZD075/16 1 of 46

2 Master Plan: Recommendation: The proposal does not conflict with the Master Plan. The staff recommends APPROVAL of Zoning Docket 075/16, subject to seven (7) provisos. Reasons for Recommendation: 1. The proposal does not conflict with the Plan for the 21 st Century. 2. The recommended provisos would minimize any potential adverse impacts of the proposal on other uses nearby. ZD075/16 2 of 46

3 City Planning Commission Meeting CPC Deadline: 09/24/16 Tuesday, July 26, 2016 CC Deadline: 60 days from receipt City Council District: B Cantrell STAFF REPORT Zoning Docket: 075/16 Prepared by: Brittany DesRocher To: City Planning Commission Date: July 27, 2016 From: Robert Rivers, Executive Director Stephen Kroll, Assistant Planning Administrator I. GENERAL INFORMATION Applicant: Request: Location: GCE 234 Loyola, LLC This is a request for Conditional Uses to permit the retail sales of packaged alcoholic beverages and to permit a bar in a CBD-1 Core Central Business District. Square 299, Lot X-1, in the First Municipal District, bounded by Loyola and Tulane Avenues and South Rampart and Gravier Streets. The municipal address is Loyola Avenue. (PD 1A) Description: The petitioned site is located at the intersection of Loyola Avenue and Gravier Street. The lot is rectangular in shape with approximately of frontage on Loyola Avenue, of frontage on Gravier Street and an area of 13,885 square feet. The site is developed with the Pythian building which was constructed in 1909 and has been used for a variety of purposes. The structure is built to all property lines. After years of sitting vacant, the Pythian building is currently undergoing a historic renovation. The nine story structure will include 69 dwelling units as well as the Pythian Market. The Pythian Market will be located on the first floor and a portion of the second floor and will include 27 vendor stalls and a restaurant with a bar. The vendors stalls range in area from 51 square feet to 439 square feet and are located on the first floor and mezzanine level. The restaurant and bar are located on a portion of the second floor and have an area of approximately 6,292 square feet. The vendors will offer a variety of food, beverage and retail items. The developer is requesting conditional uses to permit the retail sale of packaged alcohol and a bar in order to accommodate the variety of uses within the space. Why is City Planning Commission action required? Per Article 17, Section 17.3.A of the Comprehensive Zoning Ordinance, retail sales of packaged alcoholic beverages and bars are deemed conditional uses in the CBD-1 Core Central Business District. The City Planning Commission is required ZD075/16 3 of 46

4 to make a recommendation on all conditional 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? Zoning map of area surrounding petitioned site The petitioned site is located in the middle of the CBD-1 Core Central Business District, which is intended to encompass the office core of the central business district and to provide basic services to the city and the metropolitan area. The CBD-1 District is home to many of the city s high-rise structures, including several office, hotel, and residential towers, most of which incorporate a mixture of commercial uses at the ground level. The subject square and some of the surrounding blocks became increasingly blighted over the past several decades, with many multi-story commercial structures becoming vacant or underutilized. Recent years have seen an increase in investment, particularly the renovation of structures for residential and hotel uses. Across Loyola Avenue is a CBD-7 Bio-Science District. This district is home to Tulane University Hospital, LSU Health Sciences Center, Tulane University Medical School and New Orleans VA Outpatient Clinics. Upriver from the CBD-4 Exposition District which ZD075/16 4 of 46

5 includes City Hall, a number of high-rise office buildings along Poydras Street from Loyola Avenue to South Claiborne Avenue, the Superdome and New Orleans Arena. Both of these districts are substantial employment centers. The Superdome and New Orleans Arena attract evening and weekend visitors. A CBD-3 Cultural Arts District is located one block downriver from the petitioned site. This District encompasses the intersection of Rampart and Canal Streets and includes the Saenger Theatre and a multifamily development at 1201 Canal Street. In general, there has a movement towards more residential development in the Central Business Districts as well as amenities that serve residents, employees and visitors. B. What is the zoning and land use history of the site? Zoning: Land Use: 1929 K Industrial 1953 K Central Business District 1970 CBD-1 Central Business District 2015 (prior to 8/12/2015) CBD-1 Central Business District 2015 (effective 8/12/2015) CBD-1 Core Central Business District 1929 Public and Semi-Public Property, Industries and Warehouses 1949 Commercial Downtown 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 have been 6 similar requests in the vicinity of the site. Zoning Docket 101/15 was a request for a conditional use to the retail sale of packaged liquor alcoholic beverages in an existing retail store in a CBD-2 Historic Commercial and Mixed-Use District. The City Planning Commission recommended approval of the request, which was subsequently approved by the City Council. The address is 900 Canal Street, which is located five blocks from the petitioned site. Zoning Docket 057/15 was a request for a conditional use to permit a cocktail lounge with occasional live entertainment in a CBD-1 Central Business District. The City Planning Commission recommended approval of the request, which was subsequently approved by the City Council. The address is 330 Carondelet Street, which is located four blocks from the petitioned site. Zoning Docket 063/14 was a request for a conditional use to permit a retail store selling alcoholic beverages for off-premises consumption in the CBD-1 Central Business District. The City Planning Commission recommended approval of the request, which was subsequently approved by the City Council. The address is 127 Carondelet Street, which is located five blocks from the petitioned site. 1 The 1999 Land Use Plan presented a generalized indication of land uses, and was not lot-specific. ZD075/16 5 of 46

6 Zoning Docket 013/14 was a request for a conditional use to permit a cocktail lounge in a CBD-1 Central Business District. The City Planning Commission recommended approval of the request, which was subsequently approved by the City Council. The address is 330 Carondelet Street, which is located four blocks from the petitioned site. Zoning Docket 026/13 was a request for a conditional use to permit a cocktail lounge in a CBD-1 Central Business District. The City Planning Commission recommended approval of the request, which was subsequently approved by the City Council. The address is 212 Loyola Street, which is located on the same block as the petitioned site. Zoning Docket 039/12 was a request for a conditional use to permit the sale of alcoholic beverages for consumption on-premises at a coffee shop in a CBD-2 Central Business District. The City Planning Commission recommended approval of the request, which was subsequently approved by the City Council. The address is 1515 Poydras Street, which is located three blocks from the petitioned site. This is reflective of a demand for various types of alcohol beverage permits and a trend of approving similar applications in the area. D. What are the comments from the design review staff? Site/Building Design The petitioned site is located at the intersection of Loyola Avenue and Gravier Street. The lot is rectangular in shape with approximately of frontage on Loyola Avenue, of frontage on Gravier Street and an area of 13,885 square feet. The site is developed with the Pythian building which was constructed in 1909 and has been used for a variety of purposes. The structure is built to all property lines. After years of sitting vacant, the Pythian building is currently undergoing a historic renovation. The nine story structure will include 69 dwelling units as well as the Pythian Market. The Pythian Market will be located on the first floor and a portion of the second floor and will include 27 vendor stalls and a restaurant with a bar. The vendors stalls range in area from 51 square feet to 439 square feet and are located on the first floor and mezzanine level. The restaurant and bar are located on a portion of the second floor and have an area of approximately 6,292 square feet. The vendors will offer a variety of food, beverage and retail items. The developer is requesting conditional uses to permit the retail sale of packaged alcohol and a bar in order to accommodate the variety of uses within the space. Definitional and Use Standards Bars as conditional uses within CBD-1 Core Central Business District and are subject to the use standards of Article 20, Section 20.3.G. These standards are intended to minimize potential negative impact of this use on the adjacent properties and neighborhoods in general, related to noise, loitering, and general security issues. To ZD075/16 6 of 46

7 ensure compliance with these use standards, the proposed bar use shall be subject to the following proviso: The Bar shall meet the following standards: a. A 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 threehundred (300) feet of the proposed location. c. 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. d. 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. e. Security and operation plans may be revised by the property owner or licensed operator. New plans shall be resubmitted for approval. f. On-site micro-brewing and micro-distillery facilities are allowed. ABO Performance Standards Pursuant to Article 26, Section 26.2 Definitions a retail goods establishment may offer packaged alcoholic beverages for sale when allowed in the district or a conditional use approval is obtained. Chapter 10 of the City Code of Ordinances also regulates the sale of packaged liquor sales. Per Section of the City Code, an alcoholic beverage license is not permitted for a package liquor store within 300 feet of a playground, church, public library, school, or funeral home. The petitioned site is located within 300 feet of a park, Duncan Plaza which is located across Loyola Avenue. However, implicit in those regulations is the distinction between a package liquor store and a general retail store that happens to sell some alcoholic beverages. This section of Chapter 10 defines package liquor stores as retail outlets where the wholesale cost of package liquor stocked and displayed is more than 15% of the wholesale cost of other merchandise stocked and displayed, the package liquor display constitutes more than 10% of all display area, and where package liquor is advertised outside or off the premises or advertising for alcoholic beverages is visible from the exterior of the premises. To ensure that this development does not function as a package liquor store and sells alcoholic beverages among a variety of other items, the staff recommends the following provisos: ZD075/16 7 of 46

8 The wholesale cost of package liquor stocked and displayed shall not exceed fifteen (15) percent of the wholesale cost of other merchandise stocked and displayed and the display of packaged alcoholic beverages shall not constitute more than ten (10) percent of all display area. Signage advertising the sale of alcoholic beverages shall not be visible from the public right-of-way. Environmental Standards The proposed conditional use meets all environmental performance standards listed in Article 21, Section These standards either do not apply to the nature of the proposed use (noise, vibration, dust and air pollution, regulated materials, proper drainage, fire and explosion hazards), or will be addressed by standard permitting processes and operational requirements. Signage The submitted plans do not indicate any signage. Any proposed signage would be subject to the regulations of Article 24. In the event the applicant requests to install signage, the staff recommends the following proviso: All signage shall be in compliance with the regulations of Article 24 of the Comprehensive Zoning Ordinance. Off-street parking and loading Article 22, Section 22.4 (Table 22-1) of the Comprehensive Zoning Ordinance notes that off-street parking spaces are not required in the Central Business District. Further, this property is exempt from providing loading space. This is discussed below in Section E. Trash Screening The submitted plans indicate a trash room located within the structure adjacent to the service alley. Article 23, Section A of the Comprehensive Zoning Ordinance states that all refuse and recycling containers shall be located within the structure or fully enclosed on three (3) sides by a solid fence, a masonry wall, or principal structure wall seven (7) feet in height. The proposed trash room meets these requirements. To ensure appropriate management of the establishment s trash, the staff recommends the following provisos: In accordance with Article 23, Section C.1 of the Comprehensive Zoning Ordinance, the trash receptacles shall be located within the structure. At no time; excepting trash collection days, shall trash be stored as to be visible from the public rights-of-way. ZD075/16 8 of 46

9 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 three years 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. 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? The petitioned site is located at the intersection of Loyola Avenue and Gravier Street. Loyola Avenue is a major street with six lanes of travel, three in each direction and a lane of parking on either side. Gravier Street is a one-way street with one lane of travel and one lane of parking. The proposed conditional uses themselves would not inherently increase traffic although the conversion of a vacant structure into a mixed-use facility would. However, the existing transportation system could accommodate any additional traffic that might be generated. Additionally, the intention of much of the recent development in the Central Business Districts is to support pedestrian traffic. These businesses would likely attractive more pedestrian traffic than vehicular traffic. Parking The submitted site plan does not indicate off-street parking. Developments in the Central Business Districts are exempt from providing parking per Article 22, Section 22.4.C of the Comprehensive Zoning Ordinance. Therefore no off-street parking is required. Article 22, Section 22.4.C of the Comprehensive Zoning Ordinance requires a restaurant to provide one bicycle parking space per every 2,500 square feet of floor area. The total floor area of the space would be 21,398 square feet. A total of nine bicycle parking spaces would be required. The applicant is not providing any bicycle parking spaces. To ensure compliance with this standard, this application should be subject to the following proviso: The developer shall indicate the installation of nine (9) short-term bicycle parking spaces, as set forth in Article 22, Section 22.6 (Table 22-1) of the Comprehensive Zoning Ordinance, on the final plans submitted to the City Planning Commission, subject to the approval of the Department of Public Works for bicycle parking in the public right-of-way. The design of bicycle parking spaces shall comply with the ZD075/16 9 of 46

10 Loading requirements as set forth in Article 22, Section 22.9 of the Comprehensive Zoning Ordinance. Per Article 22, Section 22.7.D of the Comprehensive Zoning Ordinance, structures that are fifty (50) years of age or older and were originally constructed without loading areas are also exempt from off-street loading requirements. The Pythian building was originally built in 1909 and therefore qualifies for this exemption. F. What are the comments from other agencies/departments/committees? Planning Advisory Committee The proposal was considered at the Planning Advisory Committee meeting on June 22 nd, No comments were made regarding the proposal. The Committee passed a motion of no objection to the request subject to further review by the City Planning Commission. G. 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 the approval 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 not in conflict with the policies embodied in the adopted Master Plan. This standard is met. The proposal is not in conflict with the Plan for the 21st Century, commonly known as the Master Plan. 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 outlined in 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. Chapter 14: Land Use Plan of the Master Plan designates the future land use of the petitioned site as Mixed-Use Downtown The goal, range of uses, and development character for that designation are copied below: MIXED-USE DOWNTOWN Goal: Support and encourage a vibrant, 24-hour live-work-play environment in the Central Business District, and provide areas to support a high density office corridor. ZD075/16 10 of 46

11 Range of Uses: High density office, multifamily residential, hotel, government, institutional entertainment and retail uses. No new heavy or light industrial uses allowed. Development Character: The scale of new development will vary depending on location within the CBD and will be determined by appropriate height and massing, particularly near historic districts. This request is to permit the retail sales of packaged alcoholic beverages and a bar within an existing building that is currently being renovated. The Future Land Use Map designation does not address packaged alcohol sales or bars specifically. In such cases, the decision as to whether or not to grant a conditional use must be made on a case-bycase basis. In addition to the retail sales of packaged alcohol and a bar, the proposal includes a restaurant and food vendors which will support and encourage a vibrant, 24- hour live-work-play environment. The staff believes the inclusion of retail sales of packaged alcoholic beverages and a bar at this location would not interfere with the goals of the Master Plan and the overall proposal would support the goals of the Master Plan. The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations. This standard is met. The site is located within a CBD-1 Core Central Business District. The purpose of the CBD-1 District is to serve a diversity of functions within this same compact geography. The intention is to create and maintain a focused destination that mixes employment, shopping, residential and entertainment activities in an intense, high density, primarily pedestrian environment. In addition to the retail sales of packaged alcohol and a bar, the proposal includes a restaurant and food vendors which will serve the surrounding residents as well as employees of the surrounding hospitals and offices. The proposed use meets all standards specifically applicable to the use as set forth in Article 20 and all environmental performance standards of this Section Yes, as discussed in the design review section, these standards are met. 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 proposed uses are to be within an existing structure which is currently undergoing a historic renovation and includes 69 dwelling units. Additionally, the Saratoga which is located at the corner of Loyola and Tulane Avenues was renovated in 2011 and includes commercial uses on the ground floor and multi-family dwellings on the upper floors. The proposed conditional uses are in conjunction with a restaurant and food vendors which will serve the surrounding residents as well as employees of the surrounding hospitals and offices. ZD075/16 11 of 46

12 Any variance of zoning standards meets the approval standards of Section 4.6.F. The requested conditional use does not necessitate any variance of zoning standards. 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. Retail sales of packaged alcohol and bars are sometimes associated with nuisances such as noise and loitering. The potential for such impacts is linked largely to the quality of an establishment s management. If the use is responsibly managed, the staff does not believe that the impacts of its operation will be particularly offensive to properties in the vicinity of the subject site. III. SUMMARY The petitioned site is developed with the Pythian building which was constructed in 1909 and has been used for a variety of purposes. After years of sitting vacant, the Pythian building is currently undergoing a historic renovation. The nine story structure will include 69 dwelling units as well as the Pythian Market. The Pythian Market will be located on the first floor and a portion of the second floor and will include 27 vendor stalls and a restaurant with a bar. The vendor s will offer a variety of food, beverage and retail items. The developer is requesting conditional uses to permit the retail sale of packaged alcohol and a bar in order to accommodate the variety of uses within the space. The Master Plan does not address alcohol specifically. 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 retail sales of packaged alcoholic beverages and a bar at this location would not interfere with the goals of the Master Plan. Additionally, the staff believes if the use is responsibly managed, the impacts of its operation will not be particularly offensive to properties in the vicinity of the subject site. Further, standard provisos have been recommended to mitigate any potential negative impacts. For these reasons, the staff recommends approval of the request. IV. PRELIMINARY STAFF RECOMMENDATION 2 The staff recommends APPROVAL of Zoning Docket 075/16, subject to seven (7) provisos. Provisos 1. The Bar shall meet the following standards: a. A 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- 2 Subject to modification by the City Planning Commission ZD075/16 12 of 46

13 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. 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. d. 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. e. Security and operation plans may be revised by the property owner or licensed operator. New plans shall be resubmitted for approval. f. On-site micro-brewing and micro-distillery facilities are allowed. 2. The wholesale cost of package liquor stocked and displayed shall not exceed fifteen (15) percent of the wholesale cost of other merchandise stocked and displayed and the display of packaged alcoholic beverages shall not constitute more than ten (10) percent of all display area. 3. Signage advertising the sale of alcoholic beverages shall not be visible from the public right-of-way. 4. All signage shall be in compliance with the regulations of Article 24 of the Comprehensive Zoning Ordinance. 5. In accordance with Article 23, Section C.1 of the Comprehensive Zoning Ordinance, the trash receptacles shall be located within the structure. At no time; excepting trash collection days, shall trash be stored as to be visible from the public rights-of-way. 6. 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 three years 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. 7. The developer shall indicate the installation of nine (9) short-term bicycle parking spaces, as set forth in Article 22, Section 22.6 (Table 22-1) of the Comprehensive Zoning Ordinance, on the final plans submitted to the City Planning Commission, subject to the approval of the Department of Public Works for bicycle parking in the public right-of-way. The design of bicycle parking spaces shall comply with the ZD075/16 13 of 46

14 requirements as set forth in Article 22, Section 22.9 of the Comprehensive Zoning Ordinance. V. REASONS FOR RECOMMENDATION 3 1. The proposal does not conflict with the Plan for the 21 st Century. 2. The recommended provisos would minimize any potential adverse impacts of the proposal on other uses nearby. VI. CITY PLANNING COMMISSION MEETING (July 26, 2016) The City Planner summarized the request, stating the staff s recommendation of approval. The speakers at the public hearing are listed on the attached public hearing speaker sheet. Commissioner Wedberg made a motion for approval of the request as recommended. Commissioner Brown seconded the motion, which was subsequently adopted. Motion BE IT MOVED BY THE CITY PLANNING COMMISSION THAT ZONING DOCKET 075/16 IS HEREBY RECOMMENDED FOR APPROVAL SUBJECT TO SEVEN (7) PROVISOS. BE IT FURTHER MOVED THAT THE EXECUTIVE DIRECTOR IS HEREBY AUTHORIZED TO NOTIFY THE CITY COUNCIL OF SAID ACTION. Provisos 1. The Bar shall meet the following standards: a. A 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 onsite, 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. 3 Subject to modification by the City Planning Commission ZD075/16 14 of 46

15 c. 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. d. 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. e. Security and operation plans may be revised by the property owner or licensed operator. New plans shall be resubmitted for approval. f. On-site micro-brewing and micro-distillery facilities are allowed. 2. The wholesale cost of package liquor stocked and displayed shall not exceed fifteen (15) percent of the wholesale cost of other merchandise stocked and displayed and the display of packaged alcoholic beverages shall not constitute more than ten (10) percent of all display area. 3. Signage advertising the sale of alcoholic beverages shall not be visible from the public right-of-way. 4. All signage shall be in compliance with the regulations of Article 24 of the Comprehensive Zoning Ordinance. 5. In accordance with Article 23, Section C.1 of the Comprehensive Zoning Ordinance, the trash receptacles shall be located within the structure. At no time; excepting trash collection days, shall trash be stored as to be visible from the public rights-of-way. 6. 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 three years 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. 7. The developer shall indicate the installation of nine (9) short-term bicycle parking spaces, as set forth in Article 22, Section 22.6 (Table 22-1) of the Comprehensive Zoning Ordinance, on the final plans submitted to the City Planning Commission, subject to the approval of the Department of Public Works for bicycle parking in the public right-of-way. The design of bicycle parking spaces shall comply with the requirements as set forth in Article 22, Section 22.9 of the Comprehensive Zoning Ordinance. YEAS: Brown, Green, Marshall, Mitchell, Mora, Steeg, Stewart, Wedberg NAYS: None ZD075/16 15 of 46

16 ABSENT: Duplessis VII. REASONS FOR RECOMMENDATION 1. The proposal does not conflict with the Plan for the 21 st Century. 2. The recommended provisos would minimize any potential adverse impacts of the proposal on other uses nearby. ZD075/16 16 of 46

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20 Pythian Market is located on the first floor and the historic portion of the 2 nd floor (marked in purple below). This food hall retail and restaurant space is approximately 20,000 squarefeet in the Pythian Building. ZD075/16 20 of 46

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24 Interior Photos of the Pythian Market First Floor Rear of Building First Floor Loyola Avenue Mezzanine Above the First Floor Second Floor. Proposed Restaurant Space ZD075/16 24 of 46

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