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 096/16 Executive Summary Applicant: Request: Location: Burk Property Investments LLC This is a request for a Conditional Use to permit a multi-family dwelling in an HMR-3 Historic Marigny/Tremé/Bywater Residential District and an RDO-1 Residential Diversity Overlay District Pauline Street and 3720 Royal Street Summary of Proposal: Master Plan: Recommendation: Zoning Docket 096/16 is a request for a Conditional Use to permit a 3-unit multiplefamily dwelling in the HMR-3 Historic Marigny/Tremé/Bywater Residential District where multiple-family dwellings up to 4 units maximum are a conditional use. The site is developed with two, one-story residential structures, one with frontage on Pauline Street and the other located in the rear yard of the property with frontage on Royal Street. Each residence also contains an attached garage. The applicant intends to demolish the two attached garages and rebuild additions to each residence which would increase the total livable area. The Pauline Street-facing structure would be converted to a two-family residence and the Royal Street-facing structure would remain a single-family residence. The staff believes that additions are sensitive to the historic vernacular of the neighborhood, and that the proposed multi-family use would maintain the character of the area where there are other examples of such small-scale multi-family developments. The request is also consistent with the Master Plan. The requested conditional use is consistent with the site s future land use designation per the Master Plan. The staff recommends APPROVAL of Zoning Docket 096/16, subject to four (4) provisos. ZD 096/16 1

2 Reasons for Recommendation: 1. The proposed small-scale multi-family use is consistent with the character of the area. 2. The proposal does not conflict with the Plan for the 21 st Century. ZD 096/16 2

3 City Planning Commission Meeting CPC Deadline: 11/26/16 Tuesday, September 27, 2016 CC Deadline: 60 days from receipt Council District: C Ramsey Zoning Docket: 096/16 PRELIMINARY STAFF REPORT To: City Planning Commission From: Robert Rivers, Executive Director Stephen Kroll, Planning Administrator Prepared by: Nicolette P. Jones & Brittany DesRocher Date: September 20, 2016 I. GENERAL INFORMATION Applicant: Request: Location: Burk Property Investments LLC This is a request for a Conditional Use to permit multi-family dwelling in an HMR- 3 Historic Marigny/Tremé/Bywater Residential District and an RDO-1 Residential Diversity Overlay District. The petitioned property is located on Square 135, Lot 10 or 11, in the Third Municipal District, bounded by Pauline, Royal, Independence and Chartres Streets. The municipal addresses are PAULINE STREET AND 3720 ROYAL STREET. (PD 7) Description: The petitioned site is a rectangular corner lot and measures approximately 3,903 square feet. The lot, Lot 10, measures 31-7 in width along Pauline Street, and approximately in depth along Royal Street. The site is located within the Bywater neighborhood and in an HMR-3 Historic Marigny/Tremé/Bywater Residential District. The site is presently developed with a single-story, shotgun single-family residence which fronts onto Pauline Street. The site is also developed with another smaller single-family residence and attached garage structure which front onto Royal Street. The Pauline Street-facing structure is setback 9 from the Pauline Street front property line and set at the Royal Street corner side property line. The gutter projects 3 into the Royal Street right-of-way. The Pauline Streetfacing structure is also set at the Chartres Street side property line. The front stairs of this structure currently project 5 into the public right-of-way. The Royal Streetfacing structure is set at the corner side property and its roof overhangs 2 into the Royal Street right-of-way. The Royal Street-facing structure is setback 1-3 from the Independence Street side property line and 3 from the Chartres Street side property line. ZD 096/16 3

4 Front Building (Pauline Street) Rear Building (Royal Street) The applicant intends to renovate both residential structures with some partial demolition. The applicant intends to convert the front structure from a single-family residence into a two-family residence, and retain the rear structure as a single-family residence. The applicant intends to remove the attached garage building to the rear residence and rebuild an addition to that residence in its place. The three units would measure a total of 1,070 square feet, 750 square feet, and 1,765 square feet in total floor area, respectively. In the HMR-3 District, a multi-family dwelling, up to 4 units maximum, is permitted upon the receipt of a conditional use. Because the applicant is proposing a 3-unit multifamily residence, a conditional use permit is required. Why is City Planning Commission action required? Figure 1. Subject Property - existing condition. Article 9, Section 9.2(Table 9-1) states that a multiple-family dwelling, limited to 4 units maximum, is a conditional use in the HMR-3 Historic Marigny/Tremé/Bywater Residential District. The City Planning Commission is required to make a recommendation on all conditional use applications prior to City Council action, in accordance with Article 4, Section 4.3.D Conditional Uses - Procedure of the Comprehensive Zoning Ordinance. 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 petitioned site fronts Pauline and Royal Streets and is located within an HU-MU Historic Urban Neighborhood Mixed-Use District in the Bywater neighborhood. Most of the parcels within the Bywater neighborhood are zoned HMR-3 District. This district is composed of primarily residential land uses in the form of mostly single-family and twofamily dwellings, but there is a prevalence of small-scale multiple-family dwellings in the district as well. The staff noted a 4-unit multi-family dwelling adjacent to the petitioned ZD 096/16 4

5 site at its rear (with frontage on Independence Street), and a single-family dwelling adjacent to the site at its side (with frontage on Pauline Street). The Bywater neighborhood is also peppered with multiple mixed-use and commercial zoning districts. The neighborhood developed in the early 19 th century where residential, agricultural, and industrial uses coexisted. This history is evident within the current land use makeup of the neighborhood, where residential uses are located adjacent to corner stores, restaurants, and warehouse uses, among others. The subject site is located one block away from a corner parcel zoned HMC-1 District where a retail store was previously developed. The subject site is also located down the block and across the street from a cluster of parcels zoned HM-MU District. These parcels are developed with a large singlestory warehouse structure and accessory parking lot which appear to be used for a lightindustrial use as well as a fitness center. The subject site is also located a block away from the Bywater Artist Lofts development which is also zoned HM-MU District. This apartment complex was an adaptive reuse development converted from a former factory. B. What is the zoning and land use history of the site? Zoning: Land Use: 1929 J Industrial 1953 J Light Industrial District 1970 R0-1 General Office District 2015 (prior to 8/12/2015) R0-1 General Office District 1929 Single-Family Residence 1949 Single-Family Residence 1999 Residential Single/Two-Family 1 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 nine requests for a zoning action (including zoning changes, conditional use permits, and planned development districts) for properties located within 1,800 feet (approximately five blocks) of the petitioned site. The majority of request have been for conditional uses to permit varying land uses including two bed and breakfasts, a hostel, alcoholic beverage sales, and single-family residences. 2 There was one recent request for a planned development to permit a mixed-use commercial/residential development at the site of a former police station. There was one recent request for a zoning change from an HMR-3 District to an HMC-2 District for the former Holy Angels high school and convent site along Gallier Street. All of the above-mentioned requests were approved by the City Council. The number and variation of requests are too minimal to indicate a trend, but may indicate mixed-use nature of the neighborhood. D. What are the comments from the design review staff? 1 The 1999 Land Use Plan presented a generalized indication of land uses, and was not lot-specific. 2 Several parcels in the neighborhood were zoned LI Light Industrial prior to the adoption of the current CZO. Single-family residences were a conditional use in this district. ZD 096/16 5

6 E. What are the comments related to site and building design? The applicant proposes to redevelop the site, which currently contains two single-family dwellings, with a two-family dwelling and a single-family dwelling. Portions of the existing structures will be demolished and additions to the remaining buildings will be constructed. Existing conditions The petitioned site is located at the corner of Pauline and Royal Streets with its frontage on Pauline Street. It is a rectangular lot that measures approximately 32-7 wide and deep with an area of approximately 3,900 square feet. The site is developed with two onestory residential structures, one with frontage on Pauline Street and the other located in the rear yard of the property with frontage on Royal Street. The structure that fronts on Pauline Street is a traditional three-bay shotgun single located on the front and corner side property lines. An addition was added to the Chartres Street side of the structure at the front property line which appears to have been garage. The residential portion of the structure measures approximately 20-3 wide by 73-2 deep and the garage portion measures approximately 12-2 wide by deep for a total area of 1,705 square feet. The structure located in the rear yard is small two-bay shotgun with a rear lean-to addition that measures 14-1 wide and 30-8 deep total with an area of 432 square feet. The structure is located on the corner side property line and 7 from the rear property line. A garage building is located in between the two residential structures and is connected to the rear yard residential structure. Portions of the living space of the rear residential structure extend into the garage building. The garage building is T-shaped and measures approximately along Royal Street, 44-9 along the Chartres Street interior side property line and 31-8 deep with an area of approximately 790 square feet. Development proposal The applicant is proposing to demolish the two garage structures leaving only the residential structures on site. The residential structure that fronts on Pauline Street would be converted to a two-family dwelling unit. The conversion would include an addition on the Chartres Street side of the structure that would be setback 17-9 from the front property line and 3-0 from the interior side property line. The addition would measure 36-0 deep and 9-2 wide with an area of 330 square feet. The unit in the front of the structure would have an area of approximately 1,070 square feet and would include a living room, kitchen and dining area, one bedroom and one and a half bathrooms. The unit in the rear of the structure would have an area of approximately 750 square feet and would include a living room, dining room, kitchen, one bedroom and one bathroom. The residential structure in the rear yard would be renovated and used as a single-family residence. The renovation would include a large two-story addition between the two structures that would be built on the corner side property line and setback 3-0 from the interior side property line. The addition would measure approximately 28-2 deep by 29-6 wide for an area of approximately 1,350 square feet not including a 163 square foot courtyard between the existing structure and the addition. The unit would have an area of approximately 1,765 ZD 096/16 6

7 square feet and would include a living room, dining room, kitchen, three bedrooms and two and a half bathrooms. As the site is located in the Bywater Local Historic District, it is necessary for the Historic District Landmarks Commission to review and approve all modifications to the building s exterior. This project was granted conceptual approval by the Historic District Landmarks Commission at their July 7 th, 2016 meeting. The Commission made the approval subject to details being worked out at a staff level. If this application is recommended for approval, staff recommends the following proviso: The developer shall secure the approval of all modifications to the exterior of the structures from the Historic District Landmarks Commission. Per Article 21, Section 21.4.A of the Comprehensive Zoning Ordinance, properties located in the HMR-3 Historic Marigny/Tremé/Bywater Residential District are permitted to have more than one principle building on a single lot of record granted each building shall comply with all yard and bulk requirements of the district. The proposal meets these requirements which are discussed below. Additionally, this site has historically had two principle uses. Compliance with Standards of the Underlying Zoning District Petitioned site is located within the HMR-3 Historic Marigny/Tremé/Bywater Residential District and is subject to the requirements of Article 9, Section Site Design Standards of the Comprehensive Zoning Ordinance. Minimum Yard Requirements The HMR-3 Historic Marigny/Tremé/Bywater Residential District has no minimum front yard or corner side yard requirement. The existing structures are built on both the front and corner side property line. The proposed addition to the structure in the rear yard will be built to the corner side yard property line also. A minimum interior side yard of 3 is required in this district. Currently, the existing structure in the rear yard encroaches on this setback; however, this is an existing condition and would be permitted. The proposed additions to both structures are setback 3 from the interior side yard property line. A minimum rear yard of 20 is required in this district. Again, the existing structure in the rear yard encroaches on this setback; however, the deficiency is existing and would be permitted. The proposal meets all yard requirements. Bulk Requirements According to HMR-3 District standards, the minimum lot area required to develop the property with multi-family is 1,000 square feet per dwelling unit. The proposed three dwelling units would require 3,000 square feet of lot area. The petitioned site has a lot area of approximately 3,800 square feet which exceeds the requirement. Additionally, the district requires a minimum of 30 of lot width and 90 of lot depth. The petitioned site has a lot width of 30-8 and a depth of Further, the district sets a maximum height ZD 096/16 7

8 of 40. The proposed structure is two-stories with a height of 27-4 from grade to the midpoint of the roof ridge. The district also requires a minimum of 10% permeable open space. The proposal includes approximately 730 square feet of permeable area on the 3,800 square foot lot providing 19% permeable open space. Lastly, the district requires a minimum floor area ratio of 1.4. The proposal includes 3,585 square feet of floor area on a 3,800 square foot lot making the floor area ratio.94. The proposal meets all bulk requirements. And lastly, to ensure the conditional use process is completed prior to the issuance of permits, 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 a one year time period or failure to request an administrative extension as provided for in Article 4, Section 4.3.H of the Comprehensive Zoning Ordinance will void the conditional use approval. F. What impact will the proposed conditional use have on the transportation system, if any? What are the off-street parking and off-street loading requirements? Can they be provided on site? If not, is a waiver required? Traffic The petitioned site fronts Pauline and Royal Streets in the Bywater neighborhood. Both streets are minor one-way collector streets, with one lane of traffic and one parking lane on each side. They experience low traffic volumes, and are primarily used for local purposes by residents of the neighborhood. Royal Street, however, carries the #5 Marigny-Bywater bus line, and the nearest stop is located one block away from the subject property at the Alvar and Royal Streets intersection. This bus currently arrives on average once per hour during weekdays. The neighborhood is also highly walkable and bikeable because of proximity of varied land uses to one another. The staff does not believe the three-family residence should generate any substantial increase in traffic. Parking Per Article 22, Section 22.4.C (Table 22-2), no off-street parking spaces are required in the Historic Core Districts; therefore, the subject development is exempt from parking requirements. The applicant does not intend to provide off-street parking on site. Bicycle Parking Per Article 22, Section 22.4.A (Table 21-1), one bicycle parking space is required per five dwellings. Also, pursuant to Article 22, Section 22.6.A.2, in all cases where bicycle parking is required, a minimum of two (2) bicycle spaces is required. Therefore, the threefamily residence would be would be required to provide 2 bicycle parking spaces. Therefore the staff recommends the following proviso: ZD 096/16 8

9 The applicant shall indicate the installation of 2 bicycle parking spaces, as set forth in Article 22, Section 22.6 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 to place 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. H. Comments from other committees The Planning Advisory Committee considered the request at their September 7, 2016 meeting. The representative of the Division of Real Estate and Records requested that the applicant obtain leases for all encroachments. The representative of the Historic District Landmarks Commission noted that the applicant received conceptual approval from the Commission in July, but that the staff was still awaiting final drawings. The committee passed a motion of approval of the project, subject to further review by the City Planning Commission, the Division of Real Estate and Records, and the Historic District Landmarks Commission. In order to comply with the requirements of the above mentioned agencies, the staff recommends the following provisos: The applicant shall secure a lease from the Department of Property Management, Division of Real Estate and Records for the encroachment into the public right-ofway. I. Compliance with approval standards The City Planning Commission recommendation and the City Council decision on applications for a conditional use shall, on the basis of all information submitted, evaluate the impact of the conditional use on and the compatibility of the use with surrounding properties and neighborhoods to ensure the appropriateness of the use at a particular location. The Commission and Council are required to specifically consider the extent to which the proposed use meets several approval standards contained in Article 4, Section 4.3.F Approval Standards of the Comprehensive Zoning Ordinance. In this section, the staff evaluates the application using those standards. The proposed use at the specified location is consistent with the policies embodied in the adopted Master Plan. This standard is met. The Home Rule Charter of the City of New Orleans requires all land use actions to be consistent with the Master Plan. A land use action is consistent with the Master Plan if it furthers, or at least does not interfere with, the goals, policies, and guidelines in the Chapter 14: Land Use Plan of the Master Plan and is compatible with the uses, densities, and intensities of the designation of its site on the future land use map. The petitioned property s future land use designation is Residential Historic Core. The goal, range of uses, and development character for that designation are as follows: ZD 096/16 9

10 RESIDENTIAL HISTORIC CORE Goal: Preserve the character and scale of 18th through mid-20th Century residential areas and allow for compatible infill development. Range of Uses: Single- and two-family residences, townhomes and small multifamily structures. Neighborhood-serving businesses and traditional corner stores may be allowed where current or former commercial use is verified. Supporting public recreational and community facilities allowed (e.g., schools and places of worship). Development Character: The density, height, and mass of new development will be consistent with the character and tout ensemble of the surrounding historic neighborhood. A variety of types and sizes of development may be appropriate. The request is to permit the conversion of the site to a three-unit multi-family residence does not interfere with the goals, range of uses, and development character outlined within the Master Plan. Small multi-family structures are specifically listed as a compatible use within the range of uses of the Residential Historic Core future land use category. The development plan, which involves the renovation of two existing 19 th century shotgun residences and the reconstruction of an addition where formerly there were accessory garages, is consistent with the overall development character of the surrounding neighborhood. The additions are sensitive to the historic architecture of the existing structures and have received conceptual approval from the HDLC. The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations. This standard is met. The HMR-3 District is intended to provide for single-family dwellings and two-family dwellings, accommodate small-scale multi-family dwellings of three to four units, protect the existing residential development and maintain the desirable character of such development within the historic Marigny/Tremé/Bywater areas. The proposed three-unit dwelling would maintain the character of the area. There currently exists a variety of dwelling types in the area, including single-family, two-family, and small-scale multi-family residences. The site is also close to a larger multi-family development which was an adaptive reuse of a former industrial building. The proposal calls for the preservation of the two existing historic structures on the lot, but modifies the attached garages to provide for more livable area. As mentioned above, the additions are sensitive to the historic vernacular of the neighborhood. The proposed use meets all standards specifically applicable to the use as set forth in Article 20 and all environmental performance standards of Article 21, Section This standard is not applicable. There are no special use standards applied to offices within Article 20 of the Comprehensive Ordinance. ZD 096/16 10

11 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. As mentioned previously, the proposed use is not uncommon for the neighborhood where there are other examples of small-scale multi-family dwellings. The units are adequate in size and the proposal meets all applicable development standards of the HMR-3 District. 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. The proposed three-family residence would not be not materially detrimental to the public health, safety, and welfare nor will it result in material damage or prejudice to other properties in the vicinity. III. SUMMARY Zoning Docket 096/16 is a request for a Conditional Use to permit a 3-unit multiple-family dwelling in the HMR-3 Historic Marigny/Tremé/Bywater Residential District where multiple-family dwellings up to 4 units maximum are a conditional use. The site is developed with two, one-story residential structures, one with frontage on Pauline Street and the other located in the rear yard of the property with frontage on Royal Street. Each residence also contains an attached garage. The applicant intends to demolish the two attached garages and rebuild additions to each residence which would increase the total livable area. The Pauline Street-facing structure would be converted to a two-family residence and the Royal Street-facing structure would remain a single-family residence. The staff believes that additions are sensitive to the historic vernacular of the neighborhood, and that the proposed multi-family use would maintain the character of the area where there are other examples of such small-scale multi-family developments. The request is also consistent with the Master Plan. IV. PRELIMINARY STAFF RECOMMENDATION 3 The CPC staff recommends APPROVAL of Zoning Docket 096/16, subject to four (4) provisos: Provisos 3 Subject to modification by the City Planning Commission ZD 096/16 11

12 1. 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 a one year time period or failure to request an administrative extension as provided for in Article 4, Section 4.3.H of the Comprehensive Zoning Ordinance will void the conditional use approval. 2. The applicant shall secure a lease from the Department of Property Management, Division of Real Estate and Records for the encroachment into the public right-ofway. 3. The developer shall secure the approval of all modifications to the exterior of the structures from the Historic District Landmarks Commission. 4. The applicant shall indicate the installation of 2 bicycle parking spaces, as set forth in Article 22, Section 22.6 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 to place 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. V. REASONS FOR RECOMMENDATION 4 1. The proposed small-scale multi-family use is consistent with the character of the area. 2. The proposal does not conflict with the Plan for the 21 st Century. 4 Subject to modification by the City Planning Commission ZD 096/16 12

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38 From: Sent: To: Subject: Stephen K. Kroll Tuesday, September 20, :24 AM Nicolette P. Jones FW: zoning docket 096/16, Pauline st.,3702 Royal -----Original Message----- From: Robert D. Rivers Sent: Tuesday, September 20, :59 AM To: Stephen K. Kroll Subject: FW: zoning docket 096/16, Pauline st.,3702 Royal -----Original Message----- From: John or Beverly Andrews Sent: Monday, September 19, :40 PM To: Robert D. Rivers Subject: zoning docket 096/16, Pauline st.,3702 Royal Dear Mr. Rivers, I attended the NPP for this project The developers wish to add a third unit to the 2 existing units and need a conditional use for this third unit..our neighborhood group, Neighbors First for Bywater would like to support this project with 1 proviso. We are wondering if your staff would be willing to add a proviso stating that these units cannot be used for short term rentals.i discussed this with the developers at the NPP and their response was not negative but that he wanted to talk to their attorney before making a committment. We have not heard back at this point. Since the developers are sort of asking a "favor" of both the city and the adjacent neighbors for the conditional use, it certainly seems plausible to add this proviso as a "favor" back to the neighbors. We at Neighbors First for Bywater encourage long term residency thru both ownership and rentals. We do not want to encourage short term rentals as these tourists do not add to the population of the neighborhood and do not contribute to the long term residential stability of the neighborhood. Thank you for your consideration of this proviso. John W Andrews Vice President, Neighbors First for Bywater John or Beverly Andrews