CITY PLANNING COMMISSION CITY OF NEW ORLEANS MITCHELL J. LANDRIEU ROBERT D. RIVERS MAYOR EXECUTIVE DIRECTOR City Planning Commission Staff Report LESLIE T. ALLEY DEPUTY DIRECTOR Zoning Docket: 108/16 Executive Summary Applicant: Request: Location: Thomas Schoenbrun and Patricia Richardson Schoenbrun This is a request for a Zoning Change from an HU-RD2 Historic Urban Two- Family Residential District to an HU-RM1 Historic Urban Multi-Family Residential District and an amendment to Ordinance No. 17,996 MCS (Zoning Docket 113/96) to permit a Principal Bed and Breakfast. 4117-4119 Perrier Street Summary of Proposal: Zoning Docket 108/16 is a request for a Zoning Change from an HU-RD2 Historic Urban Two-Family Residential District to an HU-RM1 Historic Urban Multi-Family Residential District and an amendment to an ordinance that permitted a Bed and Breakfast Guest Home as a Conditional Use to permit a Principal Bed and Breakfast. The Conditional use granted in 1997 permitted a bed and breakfast with a maximum of 5 guest rooms. The site is presently developed with a two-story principal bed and breakfast. In January 1997, an ordinance was adopted by the City Council to permit a Bed and Breakfast Guest Home limited to no more than five (5) guest rooms. Currently the Bed and Breakfast is operating with nine (9) guest rooms. The applicant wishes to amend this conditional use to allow the establishment to operate with nine (9) guestrooms. The current zoning designation for the property does not allow a principal bed and breakfast as conditional use. Consequently, the applicant is requesting a zoning change to be able to apply for a conditional use. No expansion or change to the current operation is requested. While the request would be compatible with the historic character of the surrounding neighborhood and the bed and breakfast would not be inappropriately impactful on surrounding properties, the zoning change request is considered a spot zone. The conditional use application is consistent with the Master Plan and satisfies the relevant approval standards. However the zoning change application is not consistent with the Master Plan s Future Land Use Map. Because the ZD 108/16 1
conditional use cannot be granted without the zoning change and the zoning change is not consistent with the Master Plan, the staff cannot support the application. Master Plan: Recommendation: The conditional use application is consistent with the Master Plan and satisfies the relevant approval standards. However the zoning change to an HU-RM1 Historic Urban Multi-Family Residential District is not consistent with the Future Land Use Map. The staff recommends DENIAL of Zoning Docket 108/16, a request for Zoning Change from an HU-RD2 Historic Urban Two-Family Residential District to an HU-RM1 Historic Urban Multi-Family Residential District and an amendment to Ordinance No. 17,996 MCS (Zoning Docket 113/96) to permit a Principal Bed and Breakfast. Reasons for Recommendation: 1. The zoning change application not consistent with the Master Plan and therefore cannot be approved. The conditional use application cannot be approved independently of the zoning change. 2. The zoning change would be a spot zone that cannot be justified. ZD 108/16 2
City Planning Commission Meeting CPC Deadline: 12/24/16 Tuesday, October 25, 2016 CC Deadline: 60 days from receipt City Council District: B Cantrell Zoning Docket: 108/16 PRELIMINARY STAFF REPORT To: City Planning Commission From: Robert Rivers, Executive Director Stephen Kroll, Assistant Planning Administrator Prepared by: Sabine Lebailleux and Tyler Antrup Date: October 18, 2016 I. GENERAL INFORMATION Applicant: Request: Location: Thomas Schoenbrun and Patricia Richardson Schoenbrun This is a request for a Zoning Change from an HU-RD2 Historic Urban Two- Family Residential District to an HU-RM1 Historic Urban Multi-Family Residential District and an amendment to Ordinance No. 17,996 MCS (Zoning Docket 118/96) to permit a Principal Bed and Breakfast. The petitioned property is located on Square 338, Lot J, in the Sixth Municipal District, bounded by Perrier, Milan, Prytania and Marengo Streets. The municipal addresses are 4117-4119 Perrier Street. (PD2) Description: The petitioned site is located on Perrier Street, three blocks from Saint Charles Avenue and Napoleon Avenue, in the Touro neighborhood. It is located in a large historic residential district. The site is presently developed with a two-story principal bed and breakfast. In January 1997, an ordinance was adopted by the City Council to permit a Bed and Breakfast Guest Home limited to no more than five (5) guest rooms. Currently the Bed and Breakfast is operating with nine (9) guest rooms. The applicant wishes to amend this conditional use to allow the establishment to operate with nine (9) guestrooms. The current zoning designation for the property does not allow principal bed and breakfasts as conditional uses. Consequently, the applicant is requesting a zoning change to the HU-RM1 District, which allows principal bed and breakfasts as conditional uses, to be able to apply for a conditional use. No expansion or change to the current operation is requested. ZD 108/16 3
Figure 1. Petitioned site Why is City Planning Commission action required? The City Planning Commission is required to make a recommendation on all requests for zoning map amendments prior to City Council action, in accordance with Article 4, Section 4.2.D.3 Action by City Planning Commission of the Comprehensive Zoning Ordinance. Additionally, Article 11, Section 11.2 (Table 11-1) states that Principal Bed and Breakfasts are conditional uses in the HU-RM1 Historic Urban Multi-Family 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 4.3.3 Action by the City Planning Commission of the Comprehensive Zoning Ordinance. II. ANALYSIS A. What is the zoning of the surrounding areas? What is the existing land use? And how are the surrounding areas used? The petitioned site is within a large HU-RD2 Historic Urban Two-Family Residential District that covers most properties within the area bounded by Prytania and Magazine Streets, and Louisiana and Napoleon Avenues. This district is developed mostly with ZD 108/16 4
single-family and two-family residences, and with some non-conforming multi-family residences. This HU-RD2 District is flanked to the north and west by an HU-RM1 Historic Urban Multi-Family Residential District that covers most of the properties fronting Napoleon Avenue from Camp Street to Pitt Street and the area between Napoleon Avenue and Peniston Street and between Cardondelet and Prytania Streets. Uses within this district are a mixture of multi-family residential, single- and two-family residences. On the riverside, four blocks away from the petitioned site is a long and narrow HU-B1 Historic Urban Neighborhood Business District. It extends along Magazine Street from Napoleon to Washington Avenue. This district contains a wide variety of uses including numerous restaurants, and various retail establishments. Petitioned Site Figure 2. Subject site and surrounding zoning districts B. What is the zoning and land use history of the site? Zoning: 1929 A Residence One and Two Family Dwellings 1953 B Two-Family District 1970 RD-2 Two-Family Residential District 2015 (prior to 8/12/2015) RD-2 Two-Family Residential District 2015 (effective 8/12/2015) HU-RD2 Historic Urban Two-Family Residential District ZD 108/16 5
Land Use: 1929 Residence - Two-Family 1949 Residence - Three or more families, Apartments or Tenements 1999 Residential Single & Two-Family 1 Although historic land use maps show past multi-family use on the site, historic Sanborn maps indicate only its use as a two-family dwelling. 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 not been any requests for zoning actions (including zoning changes, conditional use permits, and planned development districts) for properties located within 1,800 feet (approximately five blocks) of the site which the staff considers to be relevant to this application. D. What is the purpose of the rezoning and what effect would it have on the adjacent land uses? Purpose of the rezoning The site is currently within an HU-RD2 Historic Urban Two-Family Residential District, which allows only for Accessory Bed and Breakfast as conditional uses. Pursuant to Article 26, Section 26.6 of the CZO, an Accessory Bed and Breakfast is defined as an owner-occupied building designed as either a single- family or a two-family dwelling that has been converted to a single-family dwelling, which provides no more than four (4) guest rooms for overnight paid occupancy of up to fourteen (14) nights. Common bathroom facilities may be provided rather than private baths for each room. The applicant proposes a Principal Bed and Breakfast, which is defined as an owner- or operator-occupied residential structure that provides no more than nine (9) guest rooms for overnight paid occupancy of up to fourteen (14) nights. Common bathroom facilities may be provided rather than private baths for each room. A Principal Bed and Breakfast is not allowed as a permitted or conditional use under the current zoning designation. The proposed HU-RM1 Historic Urban Multi-Family Residential District allows Principal Bed and Breakfasts as a conditional use. In January 1997, an ordinance was adopted by the City Council to permit a Bed and Breakfast Guest Home limited to no more than five guest rooms in an RD-2 Two-Family Residential District, the zoning district applied to the site under the former zoning ordinance. The Bed and Breakfast has been operating since then, but it currently operates with nine guestrooms instead of five. Because the current use was never legally allowed even under the previous zoning ordinance, it does not have legal non-conforming status. The requested zoning district enables the applicant to apply for a conditional use to permit the continued operation of the establishment as a Principal Bed and Breakfast. 1 The 1999 Land Use Plan presented a generalized indication of land uses, and was not lot-specific. ZD 108/16 6
Potential impacts on adjacent land uses The existing HU-RD2 Historic Urban Two-Family Residential District is intended to provide for two-family development on smaller lots in older, densely populated urban sections of the City with single-family dwellings. Limited non-residential uses such as places of worship, historic neighborhood commercial establishments, and recreational facilities that are compatible with surrounding residential neighborhoods may be allowed. The requested HU-RM1 Historic Urban Multi-Family Residential District is intended to provide for low to medium residential densities appropriate for a variety of housing types such as single-family, two-family, townhouse, and lower density multi-family dwellings. It is intended to maintain a primarily residential environment with a variety of lower density dwelling types therefore the building height is limited to three stories. Limited non-residential uses similar to that of the HU-RD2 District may be allowed as well. Granting the zoning change to a HU-RM1 District would introduce the possibility for a few new uses to be permitted by right on the subject site such as multi-family dwelling, large group home, and supportive housing. These uses are not incompatible with adjacent land uses because they are themselves residential uses. In fact, there are several conforming and non-conforming multi-family residences in the surrounding area. Further, the uses (e.g., large day care homes, large day care centers) that could be authorized as conditional uses within the HU-RM1 District are subject to use standards, such as minimum outside play area, that would not make these uses permissible considering the physical characteristic of the petitioned site. However, the proposed HU-RM1 District would expand the existing HU-RM1 District along Prytania Street outside of the area designated RMD-PRE (Residential Medium Density Pre-War on the Future Land Use Map, which is considered inconsistent with the Master Plan. Petitioned Site Figure 3. Future Land Use Map Petitioned Site ZD 108/16 7
Figure 4. Zoning pattern along Prytania and Perrier Streets E. What are the comments from the design review staff? The petitioned property contains an approximately 6,000 square foot single family dwelling, constructed in the Eastlake Victorian style, likely in the late 19 th or very early 20 th Century. The home contains approximately 3,000 square feet and two guest rooms on the first floor, 3,000 square feet and six guest rooms on the second floor, and has an approximately 1,000 square foot third floor that contains one guest room and an office. The home features a prominent two-story front porch with original Eastlake spindlework. Driveways on either side of the home are long enough to provide 3 off-street vehicle spaces on each side, if stacked. The home is well landscaped and complies with all requirements of Article 23 of the Comprehensive Zoning Ordinance. The applicant does not intend to make any changes to the design of the structure or site. An existing conditional use ordinance, Ordinance No. 17,996 MCS, authorizes the use of the site by a bed and breakfast with up to five guest rooms. The provisos of the ordinance are as follows: Provisos 1. The residence shall have a single set of utility meters. The surplus meters shall be eliminated prior to the issuance of the use and occupancy certificate. 2. This facility shall be limited to no more than five (5) guest rooms and no new Bed and Breakfast facility shall be permitted within the block frontage (including both sides) between two (2) intersecting streets of an existing Bed and Breakfast facility. 3. No cooking facilities shall be permitted in the individual guest rooms. Only a continental breakfast food service shall be provided in the designated "Dining Area" with foods purchased from a licensed food seller (caterer or bakery) and served "as is" or only warmed at the bed and breakfast facility as per district regulations of the Comprehensive Zoning Ordinance. The shared common area (the dining area, the den, the family room, the living room and the bar area) located on the first floor shall not be leased for social events. Furthermore, the bar (or cocktail) area shall not be accessible to Bed and Breakfast guests and the serving of alcohol shall be prohibited. 4. Proposed signage shall be limited to one attached sign a maximum of one (1) square foot in area. 5. A use occupancy certificate shall be acquired from the Department of Safety and Permits and an occupational license from the Bureau of Revenue (where applicable). A copy of the homestead exemption shall be submitted during license renewal each year to verify owner occupancy. 6. Off-street parking shall be provided in accordance with Section 15.2 of the Comprehensive Zoning Ordinance. ZD 108/16 8
7. The petitioner shall reside at the above address. This ordinance was granted under the former Comprehensive Zoning Ordinance, so these provisos reflect the standards of that ordinance. The applicant is now proposing to amend the ordinance to now allow a Principal Bed and Breakfast. The current Comprehensive Zoning Ordinance requires Principal Bed and Breakfasts to meet the following definition of a Principal Bed and Breakfast in Article 26, Section 26.6 of the Comprehensive Zoning Ordinance, the following applicable general Bed and Breakfast use standards in Article 20, Section 20.3.I.1, and the Principal Bed and Breakfast-specific use standards in Article 20, Section 20.3.I.3: Article 26, Section 26.6 Definitions Bed and Breakfast, Principal. An owner- or operator-occupied residential structure that provides no more than nine (9) guest rooms for overnight paid occupancy of up to fourteen (14) nights. Common bathroom facilities may be provided rather than private baths for each room. Article 20, Section 20.3.I.1 Bed and Breakfast General Standards (Accessory or Principal) a. In any residential district, only one (1) bed and breakfast, whether accessory or principal, is permitted per blockface. Article 20, Section 20.3.I.3 Bed and Breakfast Principal Standards a. Proof of owner or operator occupancy shall be established by submission of proof of a homestead exemption (owner) or legal leasing agreement (operator) submitted to the Department of Safety and Permits. b. If more than one (1) principal building exists on a lot, or two (2) or more contiguous lots have been historically used together and the second building was originally constructed and has been used for habitable space, as defined by the Building Code, for at least five (5) years prior to the establishment of the bed and breakfast, then it may be included in the operation of the bed and breakfast. c. All signs shall comply with applicable sign regulations for the zoning district. d. The bed and breakfast is limited to a maximum of nine (9) units for overnight accommodation. e. Cooking facilities are prohibited in individual guest rooms. f. If the zoning district allows restaurants, meals may be served to guests other than those registered with the bed and breakfast, provided the facility meets all other applicable city and state codes for food service. ZD 108/16 9
g. Leasing of common areas for social events is allowed, provided the facility meets all applicable off-street parking requirements and complies with the noise ordinance and all other provisions of the City Code. If this application is approved, it would be necessary for the current ordinance to be amended to reflect these use standards in place of the old use standards from the former Comprehensive Zoning Ordinance. Additionally, the ordinance would have to be further modified to reflect the provisos recommended in this report, as well as the standard proviso requiring the completion of the conditional use process within a year of the date of the ordinance. To do this, the staff recommends the following provisos, should the application be approved. Language to be deleted is shown in strikethrough text and language to be added is shown in bold, underlined text. Provisos 1. The residence shall have a single set of utility meters. The surplus meters shall be eliminated prior to the issuance of the use and occupancy certificate. 2. This facility shall be limited to no more than five (5) guest rooms and no new Bed and Breakfast facility shall be permitted within the block frontage (including both sides) between two (2) intersecting streets of an existing Bed and Breakfast facility. 3. No cooking facilities shall be permitted in the individual guest rooms. Only a continental breakfast food service shall be provided in the designated "Dining Area" with foods purchased from a licensed food seller (caterer or bakery) and served "as is" or only warmed at the bed and breakfast facility as per district regulations of the Comprehensive Zoning Ordinance. The shared common area (the dining area, the den, the family room, the living room and the bar area) located on the first floor shall not be leased for social events. Furthermore, the bar (or cocktail) area shall not be accessible to Bed and Breakfast guests and the serving of alcohol shall be prohibited. 4. Proposed signage shall be limited to one attached sign a maximum of one (1) square foot in area. 5. A use occupancy certificate shall be acquired from the Department of Safety and Permits and an occupational license from the Bureau of Revenue (where applicable). A copy of the homestead exemption shall be submitted during license renewal each year to verify owner occupancy. 6. Off-street parking shall be provided in accordance with Section 15.2 of the Comprehensive Zoning Ordinance. 7. The petitioner shall reside at the above address. 1. In accordance with Article 26, Section 26.6 of the Comprehensive Zoning Ordinance, the bed and breakfast shall be an owner- or operator-occupied ZD 108/16 10
residence, shall provide no more than nine (9) guest rooms for overnight paid occupancy of up to fourteen (14) nights, and may provide common bathroom facilities rather than private baths for each room. 2. In accordance with Article 20, Section 20.3.I.1 of the Comprehensive Zoning Ordinance, no other bed and breakfasts are permitted on this blockface 3. In accordance with Article 20, Section 20.3.I.3 of the Comprehensive Zoning Ordinance, the bed and breakfast is subject to the following requirements: a. Proof of owner or operator occupancy shall be established by submission of proof of a homestead exemption (owner) or legal leasing agreement (operator) submitted to the Department of Safety and Permits. b. If more than one (1) principal building exists on a lot, or two (2) or more contiguous lots have been historically used together and the second building was originally constructed and has been used for habitable space, as defined by the Building Code, for at least five (5) years prior to the establishment of the bed and breakfast, then it may be included in the operation of the bed and breakfast. c. All signs shall comply with applicable sign regulations for the zoning district. d. The bed and breakfast is limited to a maximum of nine (9) units for overnight accommodation. e. Cooking facilities are prohibited in individual guest rooms. f. If the zoning district allows restaurants, meals may be served to guests other than those registered with the bed and breakfast, provided the facility meets all other applicable city and state codes for food service. g. Leasing of common areas for social events is allowed, provided the facility meets all applicable off-street parking requirements and complies with the noise ordinance and all other provisions of the City Code. 4. The applicant shall indicate the installation of 6 off-street vehicular parking spaces and 2 bicycle parking spaces, as set forth in Article 22, Section 22.4 (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 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. 5. 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 ZD 108/16 11
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.2 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 subject site fronts Perrier Street and is located three blocks away from Saint Charles and Napoleon Avenues. Perrier Street is a two-way, two-lanes minor arterial with onstreet parking on either of the sides of the right-of-way adjacent to the curbs. Marengo Street has a similar configuration, and Milan Street is a one-way, one-lane street with onstreet parking on both sides of the right-of-way. Prytania Street, which runs parallel to Perrier Street, is a wider two-way, two-lanes arterial, with on-street parking on both sides of the right-of-way. Perrier Street is used mostly for local trips, while the wider Prytania Street is also used for inter-neighborhood trips. Because the property already operates as a nine guest rooms principal bed and breakfast, the transportation system should not be impacted by the granting of this conditional use. Parking and Loading Pursuant to Article 22, Section 22.4.A (Table 22-1: Off-Street Vehicle Parking Spaces), a bed and breakfast is required to provide a minimum of one vehicular parking space plus one space per 2 guestrooms and one bicycle space per 5 rooms. Twenty five percent (25%) of the required bicycle parking spaces shall be long-term bicycle spaces 2. The Principal Bed and Breakfast is to have 9 guest rooms so 6 vehicle parking spaces are required, as well as two (2) bicycle parking spaces, including one (1) long-term bicycle parking space. Considering the configuration of the lot and the structure, the staff believes that 3 stacked parking spaces could be provided on each side of the structure. There are two existing driveways on the site, one on each side of the structure that currently provide stacked parking for 2 to three cars on each side of the building. In order to ensure that the applicant meets the minimum parking requirement, the staff recommends the following proviso: The applicant shall indicate the installation of 6 off-street vehicular parking spaces and 2 bicycle parking spaces, as set forth in Article 22, Section 22.4 (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 to place bicycle parking in the public right-of- 2 Long-term bicycle parking requires a safe and weatherproof storage area. ZD 108/16 12
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. G. What effects/impacts would the proposed conditional use have on adjacent properties? The staff believes the approval of the conditional use itself, which would amend the existing ordinance allow the applicant to continue operating as a bed and breakfast with nine (9) guest rooms but now in compliance with the zoning ordinance, would not have any significant impact upon adjacent properties. This would result in higher levels of traffic, noise, and overall activity compared to the five-room bed and breakfast that is authorized by the existing ordinance. However, this increased operational intensity is not inappropriate for the site. Although the site is in a two-family residential district, there are a number of non-conforming multi-family residences in the immediate vicinity. The Principal Bed and Breakfast would be similar in operational intensity to those multifamily residences, so its impact on the surrounding area should not be considered to be excessive. H. Can the zoning change request be considered a spot zone? Does it fall within the Historic Non-Conforming Use Policy? The terms spot zone and spot zoning refer to zoning changes such as this which have the effect of singling out a lot or other relatively small tracts of land for treatment different from similar surrounding parcels. These zoning changes have the effect of granting preferential treatment to those spot zoned parcels which is not also granted to similarly-situated surrounding properties. Due to this preferential treatment, the Commission is generally not supportive of spot zoning. This request is considered a spot zone because it would single out the subject site for unjustified preferential treatment. The zoning change would cause only this one property to be zoned differently from all other properties in the same HU-RD2 District. This property is similar in size, building type, and physical character to the majority of structures in the HU-RD2 District and should be zoned similarly. There is no reason that it should be singled out for a zoning change that is not also granted to those other, similar properties. Doing so would grant it undue preferential treatment and, as such, would constitute a spot zone. It should be noted that the Historic Non-Conforming Use Policy allows for the spot zoning of historic non-residential structures in residential zoning districts. In those cases, the singling out of non-residential properties for rezoning is allowable because the properties non-residential character justifies zoning them differently from surrounding residential properties. In this case, the Historic Non-Conforming Use Policy cannot be used to justify the subject property s spot zoning because the subject structure is a residential structure. I. Compliance with approval standards ZD 108/16 13
The City Planning Commission recommendation and the City Council decision on any zoning map amendment or conditional use are matters of legislative discretion. In making their recommendation and decision, the City Planning Commission and the City Council shall consider the standards contained in the following sections of the Comprehensive Zoning Ordinance: Article 4, Section 4.2.E Approval Standards as it relates to the requested zoning change, as well as Article 4, Section 4.3.F Approval Standards as it relates to the requested conditional use. In this section, the staff evaluates the application using those standards. Standards for Approval - Zoning Change The proposed amendment is compatible with the Master Plan and Future Land Use Map. This standard is not met. The proposal is inconsistent with the Plan for the 21st Century, commonly known as the Master Plan. Chapter 14: Land Use Plan of the Master Plan designates the future land use of the petitioned site as Residential Low Density Pre- War. The goal, range of uses, and development character for that designation are copied below: RESIDENTIAL PRE-WAR LOW DENSITY Goal: Preserve the scale and character of pre-war (WWII) residential neighborhoods of lower density where the predominant use is single and twofamily residential and allow for compatible development. Discourage the development of additional multifamily housing that is out of scale with existing character. Range of Uses: New development generally limited to single- or two-family dwellings, and preservation of existing multi-family buildings. Businesses and traditional corner stores may be allowed where current or former commercial use is verified. Supporting public recreational and community facilities (e.g., schools and places of worship) are allowed. Conversion to multifamily may be allowed for certain existing historic institutional, commercial or other non-residential buildings. Development Character: New development will fit with the character and scale of surrounding residential neighborhoods where structures are typically located on smaller lots and have minimal front and side setbacks. Maximum density of 24 units/acre. This designation allows for compatible development that fits with the character and scale of the neighborhood. Additionally, it may allow non-residential uses where current or former non-residential use is verified. It also allows the preservation of existing multifamily uses but not new multi-family uses. ZD 108/16 14
The proposed HU-RM1 District would allow multi-family dwellings by right on this property. Multi-family dwellings are not listed within the range of permitted uses within the Residential Pre-War Low Density Land Use category, except for preservation of existing multi-family buildings. According to Sanborn maps, the petitioned site used to be a two-family dwelling. According to a Historic Preservation Certification Application and photographs provided by the applicant, it seems like the petitioned site used to be a Multi-Family dwelling prior to its rehabilitation into a bed and breakfast. However, the petitioned site is not currently a multi-family dwelling. Since the zoning change would allow for new multi-family use at this site, it is inconsistent with the Range of Uses of the Residential Pre-War Low Density land use designation. The proposed amendment is compatible with the place designations of this Ordinance. This standard is met. Historic Urban Neighborhood Districts are those areas of the city that were developed predominantly in the mid to late 19 th century. The development pattern of Historic Urban Neighborhoods is characterized with a higher density and pedestrian scale environment with limited accommodation for the automobile and minimal setbacks between structures. The proposed amendment would change a twofamily residential historic urban neighborhood district into a multi-family residential historic urban neighborhood district. Both historic urban districts and are therefore compatible with the place designations of the ordinance. Both have the same development pattern, can include mainly a mix of residential uses with a few compatible non-residential uses, and both contain regulations to preserve and reflect the historic development pattern. The proposed amendment is compatible with existing use and zoning of nearby property. This standard is met. The two adjacent properties to the rear of the subject site are located in a HU-RM1 Historic Urban Multi-Family Residential District. These two lots are occupied with two multi-family commercial structures. Adjacent properties to the west and east are located within a HU-RD2 Historic Urban Two-Family Residential District. These four lots are developed with one single-family dwelling and three non-conforming multi-family residences. The properties located across Perrier Street from the subject site are located in an HU- RD2 Historic Urban Two-Family Residential District, which is mostly developed with single- and two-family dwellings, and a few non-conforming multi-family dwellings. Considering this existing land use pattern and particularly the multi-family residences it includes, the proposed zoning change is consistent with the existing condition. The proposed amendment promotes the public health, safety and welfare of the City. This standard is met. Since the proposed zoning would be consistent with the existing land use pattern, the staff finds that it promotes the overall welfare of the City. ZD 108/16 15
The proposed amendment is a more suitable zoning classification for the property than the current classification. This standard is not met. The proposed amendment is not more suitable because it is not consistent with the Master Plan. Based upon the length of time that the property in question has been vacant, the proposed amendment is a more suitable zoning classification for the property than the current classification considered in the context of development in the area where the property is located. This standard is not applicable. The site is already occupied with a bed and breakfast. The proposed amendment corrects an error or omission, adds clarification to existing requirements, or reflects a change in policy. This standard is not met. The zoning change cannot be considered a correction, because it is not consistent with the Master Plan. The proposed amendment benefits the citizens of the City as a whole. The proposed amendment would not have much effect on the city as a whole. The proposed amendment provides a more workable way to achieve the intent and purposes of this Ordinance and the Master Plan. This standard is not met. The proposed zoning is inconsistent with the Master Plan and so is not a more workable way to achieve the intent of the Master Plan. The proposed amendment does not create a significant number of nonconformities. This standard is met. The proposed amendment would not create a non-conformity. The proposed amendment is compatible with the trend of development, if any, in the general area of the property in question. This standard is met. The surrounding area is developed with single, two-family and multi-family residences interspersed with a few institutional uses. Historic urban neighborhoods are characterized with a mix of residential and small-scale commercial uses. Standards for Approval - Conditional Use The proposed use at the specified location is consistent with the policies embodied in the adopted Master Plan. ZD 108/16 16
The proposed use is not specifically addressed by the Residential Low Density Pre-War FLUM designation. The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations. This standard is generally met as it applies to the proposed HU-RM1 District, which allows Principal Bed and Breakfasts. The proposed use meets all standards specifically applicable to the use as set forth in Article 20 and all environmental performance standards of Section 21.3. This standard is met. Principal Bed and Breakfasts as conditional uses within the HU- RM1 Historic Urban Multi-Family Residential District are subject to the use standards of Article 20, Section 20.3.I. These standards are addressed by the recommended provisos listed in the above Section E of this report. The proposed conditional use meets all environmental performance standards listed in Article 21, Section 21.3. These standards either do not apply to the nature of the proposed use (vibration, dust and air pollution, regulated materials, proper drainage, noise, fire and explosion hazards), or will be addressed by the recommended provisos listed above in this report (litter control). 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 staff believes the approval of the conditional use itself, which would allow the applicant to operate a Principal Bed and Breakfast in an existing residential structure, would not have any significant impacts upon adjacent properties. Should the bed and breakfast operate in accordance with the standards of the Comprehensive Zoning Ordinance, no adverse impacts on surrounding properties are anticipated. Any variance of zoning standards meets the approval standards of Section 4.6.F. No variances are needed with 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. This standard is met. As mentioned previously, the use of a bed and breakfast at this site already exists. The proposed conditional use would not result in prejudice to other property in the vicinity as it would not change the current use. ZD 108/16 17
IV. SUMMARY Zoning Docket 108/16 is a request for a Zoning Change from an HU-RD2 Historic Urban Two-Family Residential District to an HU-RM1 Historic Urban Multi-Family Residential District and an amendment to an ordinance that permitted a Bed and Breakfast Guest Home as a Conditional Use to permit a Principal Bed and Breakfast. The Conditional use granted in 1997 permitted a bed and breakfast with a maximum of 5 guest rooms. The site is presently developed with a two-story principal bed and breakfast. In January 1997, an ordinance was adopted by the City Council to permit a Bed and Breakfast Guest Home limited to no more than five (5) guest rooms. Currently the Bed and Breakfast is operating with nine (9) guest rooms. The applicant proposes to bring the existing use in compliance with the Comprehensive Zoning Ordinance. The applicant wishes to amend this conditional use to allow the establishment to operate with nine (9) guest rooms. The current zoning designation for the property does not allow principal bed and breakfast as conditional use. Consequently, the applicant is requesting a zoning change to be able to apply for a conditional use. No expansion or change to the current operation is requested. While the request would be compatible with the historic character of the surrounding neighborhood and would not be inappropriately impactful on surrounding properties, it cannot be allowed under the Master Plan. The conditional use application is consistent with the Master Plan and satisfies the relevant approval standards. However the zoning change application is not consistent with the Master Plan s Future Land Use Map. Therefore, the staff cannot support the application. V. PRELIMINARY STAFF RECOMMENDATION 3 The staff recommends DENIAL of Zoning Docket 108/16, a request for Zoning Change from an HU-RD2 Historic Urban Two-Family Residential District to an HU-RM1 Historic Urban Multi-Family Residential District and an amendment to Ordinance No. 17,996 MCS (Zoning Docket 113/96) to permit a Principal Bed and Breakfast. VI. REASONS FOR RECOMMENDATION 4 1. The zoning change application not consistent with the Master Plan and therefore cannot be approved. The conditional use application cannot be approved independently of the zoning change. 2. The zoning change would be a spot zone that cannot be justified. 3 Subject to modification by the City Planning Commission 4 Subject to modification by the City Planning Commission ZD 108/16 18
ZONING MAP