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 Applicant: Request: Location: Cai T. Le and Kim Loan Le Request for an amendment to Ordinance No. 24,481 MCS (Zoning Docket 007/11, which granted a Conditional Use to permit the sale of alcoholic beverages at a retail store for off-premises consumption) to allow the sale of single serving beers and spirits of specific sizes and containers in an HU-MU Historic Urban Mixed-Use District Freret Street Summary of Proposal: Zoning Docket 058/16 is a request for an amendment to Ordinance No. 24,481 MCS (Zoning Docket 007/11, which granted a Conditional Use to permit the sale of alcoholic beverages at a retail store for off-premises consumption) to allow the sale of single serving beers and spirits of specific sizes and containers in an HU- MU Historic Urban Mixed-Use District. The proposal is consistent with the Master Plan as the site is currently operating as a retail goods establishment, which serves a neighborhood need to bring food, drinks, and other items to the immediate community. The existing store already sells alcoholic beverages for off-premises consumption under an existing Conditional Use and simply wishes to remove a proviso prohibiting the sale of single serving alcoholic beverages. Neither the Comprehensive Zoning Ordinance nor the Master Plan address the issue of configuration and sizing of alcoholic beverage sales for off-premises consumption and therefore the staff finds no reason to object to the proposed amendment. Consistency with the Master Plan: The proposal is not addressed in the Master Plan. ZD058/16 Page 1 of 33

2 Recommendation: The staff recommends APPROVAL of Zoning Docket 058/16, subject to nine (9) provisos. Reasons for Recommendation: 1. The sale of single serving packaged alcoholic beverages is not addressed by the Comprehensive Zoning Ordinance and would not result in increased impacts above the existing use. 2. It is common for retail sales establishments to sell packaged alcoholic beverages in various quantities. ZD058/16 Page 2 of 33

3 City Planning Commission Meeting CPC Deadline: 08/13/16 Tuesday, June 14, 2016 CC Deadline: 60 days from receipt City Council District: B Cantrell Zoning Docket: 058/16 PRELIMINARY STAFF REPORT To: City Planning Commission From: Robert Rivers, Executive Director Stephen Kroll, Assistant Planning Administrator Prepared by: Tyler J. Antrup Date: June 7, 2016 I. GENERAL INFORMATION Applicant: Request: Location: Cai T. Le and Kim Loan Le Request for an amendment to Ordinance No. 24,481 MCS (Zoning Docket 007/11, which granted a Conditional Use to permit the sale of alcoholic beverages at a retail store for off-premises consumption) to allow the sale of single serving beers and spirits of specific sizes and containers in an HU-MU Historic Urban Mixed-Use District. The petitioned site is located on Square 607, Lot 1 or 33, in the Sixth Municipal District, bounded by Freret, Robert, South Robertson and Upperline Streets. The municipal address is 4929 Freret Street. (PD 3) Description: The petitioned property, a rectangular corner lot at the downriver, lake-side corner of the intersection of Freret and Robert Streets, measures thirty (30) feet in width, ninety-two (92) feet, nine (9) inches in depth, with an area of 2,783 square feet. The lot is developed with a two-story wood-framed structure which measures approximately 4,800 square feet in area and covers nearly the entirety of the lot. The structure contains a 2,500 square foot ground floor commercial unit in which an existing grocery store operates. The applicant requests an amendment to the existing conditional use to allow the sale of single serving beers and spirits of specific sizes and containers of packaged alcoholic beverages at this grocery store. The structure s remaining area is occupied by two residential units. No offstreet parking spaces are provided. ZD058/16 Page 3 of 33

4 Why is City Planning Commission action required? The applicant was granted a Conditional Use to allow the sale of alcoholic beverages for off-site consumption in 2011 under Zoning Docket 007/11. After recommendation for approval was granted by the City Planning Commission, but before adoption of the ordinance, a proviso was added by the City Council restricting the sale of certain sizes and configurations of packaged alcohol: The sale of individual beers or pints of wine/liquor shall be prohibited. Only beer packaged in six (6), twelve (12), or twenty-four (24) unit containers and standard size wine/liquor containers are permitted for sale. The applicant is requesting an amendment to remove this proviso and allow the sale of single serving alcoholic beverages for off-site consumption. Article 4, Sections 4.5.F of the Comprehensive Zoning Ordinance identifies what changes to approved conditional uses may be authorized by the Executive Director of the City Planning Commission, what changes may be authorized by the City Planning Commission, and what changes may be authorized by the City Council. The modification of the conditional use ordinance to alter or delete a proviso requires the approval of the City Council. 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 an HU-MU Historic Urban Neighborhood Mixed- Use District extending along Freret Street from Jefferson Avenue to the uptown edge of Napoleon Avenue. This district includes all lots fronting on Freret Street. The district is almost completely surrounded by HU-RD2 Historic Urban Two-Family Residential Districts except for one block on the northeast corner where it borders a MC Medical Campus District that covers Ochsner Baptist Hospital. A small triangular OS-N Neighborhood Open Space District exists at the intersection of Freret and Valmont Streets, approximately two blocks west of the subject property. This HU-MU Historic Urban Neighborhood Mixed-Use District is characterized by a mix of commercial uses, most of which are located in the early 20th century wood-frame or masonry structures that characterize the commercial district. These structures are typically built to the front and side property lines. Most often, no off-street parking is provided. Though these structures predominate, there are a few instances of suburbanstyle structures dating from the later 20th century, which typically provide off-street parking in surface parking lots. ZD058/16 Page 4 of 33

5 Uses within this Freret Street commercial corridor include various professional offices, including an optometry office and a veterinarian office, a small medical clinic, small grocery stores, as well as various service establishments including a salon and a pet grooming facility. Retail uses include a hardware store, a paint retailer, and a formalwear store. The uses immediately abutting and opposite from the subject site include a vacant site slated for a mixed-use redevelopment, a fast food pizza restaurant, an auto mechanic, a vacant storefront, as well as a residence adjacent to the rear of the subject site. There are numerous standard restaurants operating along the corridor alongside a number of bars and live performance venues. One of these, a cocktail lounge, established as a Conditional Use in 2009, is located on the same square as the subject site. Aside from this commercial corridor along Freret Street, development within the Freret neighborhood is comprised mostly of single- and two-family residential uses. While most of these residential uses have off-street parking, a significant number do not. B. What is the zoning and land use history of the site? Zoning: Land Use: 'E' Commercial District 'F' Heavy Commercial District B-1 Neighborhood Business District B-1A Neighborhood Business District HU-MU Historic Urban Neighborhood Mixed-Use District 1929 Commercial 1949 Commercial 1999 Commercial 2 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? While there have been recent zoning actions within approximately five blocks of the subject site in the past five years, the staff does not consider any of the actions similar to or otherwise relevant to this application. The petitioned site is subject to the following Conditional Use, which currently restricts the sale of single serving beers and spirits of specific sizes and containers of packaged alcoholic beverages in the store: Zoning Docket 007/11- was a request for a Conditional Use to permit the sale of alcoholic beverages for consumption off-premises at a retail store in the B-1A Neighborhood Business District and within the Freret Street AC Arts and Cultural Overlay District. The municipal address was 4929 Freret Street. The City Planning 1 In 1985, properties along Freret Street between Jefferson and Napoleon Avenues were rezoned from B-1 and B-2 Neighborhood Business District to B-1A Neighborhood Business District (ZD 109/85; Ordinance 11,156 MCS) 2 The 1999 Land Use Plan presented a generalized indication of land uses, and was not lot-specific. ZD058/16 Page 5 of 33

6 Commission recommended approval of the request, which was subsequently approved by the City Council subject to the following provisos: 1. The applicant shall obtain a lease of servitude from the Department of Property Management, Division of Real Estate and Records for all encroachments over the public rights-of-way prior to the issuance of a certificate of use and occupancy. 2. Package liquor displays shall not constitute more than ten (10) percent of all display area within the petitioned site. 3. All alcoholic beverages shall be packaged for consumption off-premises. The consumption of alcoholic beverages in the store or in the area adjacent to the store shall be prohibited. 4. The proposed use shall not operate during the hours between 10:00 p.m. and 7:00 a.m., Monday through Sunday. 5. The applicant shall revise the site plan to indicate that trash cans are stored either within the structure or outside on private property. If the trash cans are to be stored at an outside location that is visible from the public right-of-way, all trash cans shall be screened with a six (6) foot high opaque fence. The applicant shall provide a litter abatement letter inclusive of the location and method of trash storage out of the public right-of-way, the frequency of trash pickup, the clearing of all litter from the sidewalks and street rights-of-way, and the periodic hosing of the sidewalks. At no time shall trash be visible from the public right-of-way. Additionally, the name and phone number of the owner/operator of the grocery store shall be kept on file in case of any violations. 6. All exterior signage shall be subject to Article 5, Section Permitted Signs of the Comprehensive Zoning Ordinance. No alcoholic beverage promotional signage shall be visible from the exterior of the building. Proposed signage should be limited specifically to that of the store s name and general offerings and not that of specific products or brands. 7. The sale of individual beers or pints of wine/liquor shall be prohibited. Only beer packaged in six (6), twelve (12), or twenty-four (24) unit containers and standard size wine/liquor containers are permitted for sale. 7. Temporary banners or temporary signage shall be prohibited on the façade of the building and in the windows of the store. 8. No pay phone(s) shall be permitted on the exterior of the building. 9. Video poker shall be prohibited. ZD058/16 Page 6 of 33

7 D. What are the comments from the design review staff? The subject site is developed with a structure that measures twenty-six feet and seven inches (26-7 ) in width by ninety-two feet eleven inches (92-11 ) in depth. The building contains three units, two of which are residential and are located on the second floor of the structure. The grocery store for which the conditional use amendment is requested operates in one of these units and occupies 2,500 square feet of ground floor space. The structure is built to the sidewalk and includes numerous encroachments over the public right-of-way for which the applicant obtained leases of servitude under the previous request. Since the request only pertains to the removal of a proviso associated with the sale of single servings of beer and spirits of specific sizes and containers and the establishment currently appears to operate in compliance with the provisos of ZD007/11; there are no additional design issues which need to be addressed at this time. 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? Traffic Freret Street, on which the site fronts, is a minor arterial street carrying traffic in upriver and downriver directions. Jefferson Avenue, located three blocks from the subject site, and Napoleon Avenue, located five blocks from the subject site, both of which carry traffic in river-bound and lake-bound directions, are major streets, according to the Plan for the 21 st Century. Of the streets bounding the subject square, Freret Street is a twoway, two-lane street with a parking lane on each side and no neutral ground, while Robert, South Robertson, and Upperline Streets are all one lane, one-way streets with a parking lane on each side. Parking Article 22, Section 22.5.A of the Comprehensive Zoning Ordinance exempts commercial uses with less than 5,000 square feet of floor area in a HU-MU Historic Urban Neighborhood Mixed-Use District from the off-street parking requirements. Additionally, the establishment is currently operational and customers driving to the grocery store currently park on-street, as significant on street parking is currently available on Freret Street, or at a free parking lot for neighborhood businesses located approximately four blocks from the site. As the floor area dedicated to the sale of alcohol is a small portion of the total floor area, it is likely that alcoholic beverages constitute a relatively small portion of overall sales. Therefore, it should not be anticipated that the proposed sale of single serving alcoholic beverages at the site would significantly increase the amount of traffic or demand for parking spaces in the vicinity of the site. Any increase that does result from the conditional use amendment, if adopted, should be accommodated by the on-street parking available around the site. ZD058/16 Page 7 of 33

8 F. What effects/impacts would the proposed conditional use have on adjacent properties? The sale of single serving packaged alcoholic beverages is not expected to alter the fundamental nature of the grocery. No regulations within the Comprehensive Zoning Ordinance exist that pertain to the size or configuration of packaged alcohol sales. Therefore, no additional impacts are anticipated. Section of the City Code enumerates restrictions on the operations of uses selling alcoholic beverages within 300 feet of schools, churches, playgrounds, and libraries. The nearest such institution is Evans Playground, which occupies the square bounded by LaSalle, Soniat, Dufossat, and South Liberty Streets. This playground is approximately 600 feet from the subject site and, as such, the restrictions noted in that portion of the City Code are not applicable to the subject site. G. What are the comments from other agencies/departments/committees? Since the proposal contains no physical changes to the exterior or layout of the existing store, the proposal was not reviewed by the Design Advisory or Planning Advisory Committees. 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 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 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 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. The petitioned property s future land use designation is Mixed-Use Low Density. The goal, range of uses, and development character for that designation are provided below: ZD058/16 Page 8 of 33

9 MIXED-USE LOW DENSITY Goal: Increase neighborhood convenience and walkability within and along edges of neighborhoods with low density residential and neighborhood-serving retail/commercial establishments. Range of Uses: Low-density single-family, two-family and multifamily residential and neighborhood business; typically businesses in residential scale buildings interspersed with residences. Uses can be combined horizontally or vertically (ground floor retail required in certain areas). Limited light-industrial uses (craft and value added industry and passive warehousing and storage) may be allowed in some areas. Development Character: Height/mass, and density of new development varied depending on surrounding neighborhood character. The main grocery use fits within the goal, range of uses and development character of the Mixed-Use Medium Density designation, which includes commercial uses that serve a wider area. The site is currently operating as a retail goods establishment, which serves a neighborhood need for food, drinks, and other items within the community. The site is also walkable to nearby residences and located on a transit line. However, the Master Plan does not address the issue of alcoholic beverage sales as an accessory use in the Mixed-Use Low Density designation. As long as the proposal is not in conflict with the Master Plan, the decision whether or not to grant a Conditional Use may be made on a case-by-case basis. 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 an HU-MU Historic Urban Neighborhood Mixed-Use District. The purpose of the HU-MU District is to encourage mixed-use areas that are compatible with adjacent or nearby land uses and pedestrian-oriented in character. In the HU-MU District, active retail and personal service uses along the ground floor with residential uses above are encouraged along with a variety of residential dwellings. The site is currently operating as a retail goods establishment, which serves a neighborhood need to bring food, drinks, and other items to the community. The sale of single serving packaged alcohol is not addressed in the district regulations. The proposed use meets all standards specifically applicable to the use as set forth in Article 20 and all environmental performance standards of Section This standard is met. The proposed site is in operation as a retail goods establishment and appears to be in compliance. ZD058/16 Page 9 of 33

10 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 site currently exists and sells packaged alcoholic beverages, simply in larger quantities at once. No site changes are proposed in conjunction with the sale of single serving alcoholic beverages. Any variance of zoning standards meets the approval standards of Section 4.6.F. No variances or waivers are required as part of 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. In some instances when the sale of packaged alcohol is allowed for off-premises consumption, intoxicated customers can behave in an obnoxious manner that is offensive to other customers and the tenants of nearby properties. However, 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. As previously mentioned, the sale of single serving alcoholic beverages is not inherently different in this regard to the sale of larger quantities of packaged alcohol, except for the number of individual transactions needed to purchase the same number of containers. This change should have no net impact over any existing impacts. III. SUMMARY This is a request for an amendment to Ordinance No. 24,481 MCS (Zoning Docket 007/11, which granted a Conditional Use to permit the sale of alcoholic beverages at a retail store for off-premises consumption) to allow the sale of single serving beers and spirits of specific sizes and containers in an HU-MU Historic Urban Mixed-Use District. The proposal is consistent with the Master Plan as the site is currently operating as a retail goods establishment, which serves a neighborhood need to bring food, drinks, and other items to the immediate community. The existing store already sells alcoholic beverages for off-premises consumption under an existing Conditional Use and simply wishes to remove a proviso prohibiting the sale of single serving alcoholic beverages. Neither the Comprehensive Zoning Ordinance nor the Master Plan address the issue of configuration and sizing of alcoholic beverage sales for off-premises consumption and therefore the staff finds no reason to object to the proposed amendment. ZD058/16 Page 10 of 33

11 IV. PRELIMINARY STAFF RECOMMENDATION 3 The staff recommends APPROVAL of Zoning Docket 058/16, subject to nine (9) provisos. Deleted text is shown in strikethrough, new text is underlined and bold. Provisos 1. The applicant shall obtain a lease of servitude from the Department of Property Management, Division of Real Estate and Records for all encroachments over the public rights-of-way prior to the issuance of a certificate of use and occupancy. 2. Package liquor displays shall not constitute more than ten (10) percent of all display area within the petitioned site. 3. All alcoholic beverages shall be packaged for consumption off-premises. The consumption of alcoholic beverages in the store or in the area adjacent to the store shall be prohibited. 4. The proposed use shall not operate during the hours between 10:00 p.m. and 7:00 a.m., Monday through Sunday. 5. The applicant shall revise the site plan to indicate that trash cans are stored either within the structure or outside on private property. If the trash cans are to be stored at an outside location that is visible from the public right-of-way, all trash cans shall be screened with a six (6) foot high opaque fence. The applicant shall provide a litter abatement letter inclusive of the location and method of trash storage out of the public right-of-way, the frequency of trash pickup, the clearing of all litter from the sidewalks and street rights-of-way, and the periodic hosing of the sidewalks. At no time shall trash be visible from the public right-of-way. Additionally, the name and phone number of the owner/operator of the grocery store shall be kept on file in case of any violations. 6. All exterior signage shall be subject to Article 5, Section Permitted Signs of the Comprehensive Zoning Ordinance. No alcoholic beverage promotional signage shall be visible from the exterior of the building. Proposed signage should be limited specifically to that of the store s name and general offerings and not that of specific products or brands. 7. The sale of individual beers or pints of wine/liquor shall be prohibited. Only beer packaged in six (6), twelve (12), or twenty-four (24) unit containers and standard size wine/liquor containers are permitted for sale Temporary banners or temporary signage shall be prohibited on the façade of the building and in the windows of the store. 3 Subject to modification by the City Planning Commission ZD058/16 Page 11 of 33

12 9. 8. No pay phone(s) shall be permitted on the exterior of the building Video poker shall be prohibited. V. REASONS FOR RECOMMENDATION 4 1. The sale of single serving packaged alcoholic beverages is not addressed by the Comprehensive Zoning Ordinance and would not result in increased impacts above the existing use. 2. It is common for retail sales establishments to sell packaged alcoholic beverages in various quantities. 4 Subject to modification by the City Planning Commission ZD058/16 Page 12 of 33

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31 Tyler J. Antrup From: Sent: To: Subject: CPCinfo Tuesday, May 17, 20169:26 AM Tyler J. Antrup FW: ZD Public comment for ZD 058/16 From: Sent: Wednesday, May 11, :42 PM To: CPCinfo Subject: ZD In reference to Amending the existing conditional use to revise proviso number 7 to have the ability to sale single alcoholic beverage. at Las Acacias. WE SUPPORT this amendment. Las Acacias is a good neighbor, responsible, and always supports our youth programs whenever we ask. Thank you Leslie Compton Johnson 2407 Robert St. President, Evans Park Booster Club 1 ZD058/16 Page 31 of 33

32 Tyler J. Antrup From: Sent: To: Subject: CPCinfo Tuesday, May 17, :25 AM Tyler J. Antrup FW: Docket Number: ZD Public comment for ZD 058/16 From: Stacy S. Head Sent: Friday, May 13, :25 PM To: Amelia; CPCinfo Cc: LaToya Cantrell; Jonathan T. Harris Subject: RE: Docket Number: ZD What is this? Is there a business there? From: Amelia [amelia212@gmail.com] Sent: Thursday, May 12, :11 PM To: CPCinfo Cc: Stacy S. Head; LaToya Cantrell Subject: Docket Number: ZD May 12, 2016 City Planning Commission Office 1300 Perdido St, 7th Floor One Stop Shop New Orleans, LA RE: 4929 Freret St, 2301 Robert St, 2307 Robert St, 2309 Robert St Conditional Use Project #ZD Ref Code: 03DW1J Dear City Planning Commission Members, It has come to my attention that the property noted above has requested a change to their conditional use and is scheduled for a meeting on June 14, ZD058/16 Page 32 of 33

33 I am opposed to changing the conditional use. Spot zoning is not in line with the Master Plan. This location was previously granted a conditional use to sell alcohol and it took months of deliberation to craft a Good Neighbor Agreement between the tenant, the business association and the neighborhood association. I stand behind the current zoning and the GNA. Respectfully, Margaret McCarthy 2221 Cadiz Street, NOLA Property Owner and Resident 2 ZD058/16 Page 33 of 33