CITY PLANNING COMMISSION CITY OF NEW ORLEANS EXECUTIVE DIRECTOR. City Planning Commission Staff Report. Executive Summary

Similar documents
CITY PLANNING COMMISSION CITY OF NEW ORLEANS EXECUTIVE DIRECTOR. City Planning Commission Staff Report. Executive Summary

CITY PLANNING COMMISSION CITY OF NEW ORLEANS MITCHELL J. LANDRIEU ROBERT D. RIVERS EXECUTIVE DIRECTOR. City Planning Commission Staff Report

CITY PLANNING COMMISSION CITY OF NEW ORLEANS EXECUTIVE DIRECTOR. City Planning Commission Staff Report. Executive Summary

CITY PLANNING COMMISSION

CITY PLANNING COMMISSION CITY OF NEW ORLEANS EXECUTIVE DIRECTOR. City Planning Commission Staff Report. Executive Summary

CITY PLANNING COMMISSION CITY OF NEW ORLEANS EXECUTIVE DIRECTOR. City Planning Commission Staff Report Executive Summary

ZD Page 1 of 16 CITY PLANNING COMMISSION CITY OF NEW ORLEANS EXECUTIVE DIRECTOR. City Planning Commission Staff Report.

CITY PLANNING COMMISSION CITY OF NEW ORLEANS EXECUTIVE DIRECTOR. City Planning Commission Staff Report. Executive Summary

CITY PLANNING COMMISSION

CITY PLANNING COMMISSION CITY OF NEW ORLEANS EXECUTIVE DIRECTOR. City Planning Commission Staff Report Executive Summary

CITY PLANNING COMMISSION CITY OF NEW ORLEANS EXECUTIVE DIRECTOR. City Planning Commission Staff Report. Executive Summary

CITY PLANNING COMMISSION CITY OF NEW ORLEANS EXECUTIVE DIRECTOR. City Planning Commission Staff Report. Executive Summary

CITY PLANNING COMMISSION CITY OF NEW ORLEANS EXECUTIVE DIRECTOR. City Planning Commission Staff Report. Executive Summary

CITY PLANNING COMMISSION CITY OF NEW ORLEANS EXECUTIVE DIRECTOR. City Planning Commission Staff Report. Executive Summary

CITY PLANNING COMMISSION CITY OF NEW ORLEANS EXECUTIVE DIRECTOR. City Planning Commission Staff Report. Executive Summary

CITY PLANNING COMMISSION CITY OF NEW ORLEANS EXECUTIVE DIRECTOR. City Planning Commission Staff Report. Executive Summary

CITY PLANNING COMMISSION CITY OF NEW ORLEANS EXECUTIVE DIRECTOR. City Planning Commission Staff Report. Executive Summary

Coding For Places People Love Main Street Corridor District

Board of Zoning Adjustments Staff Report Monthly Meeting Monday, June 13, 2016

Board of Zoning Adjustments Staff Report Monthly Meeting Monday, February 15, 2016

Composition of traditional residential corridors.

FOR SALE > MULTIFAMILY/COMMERCIAL REDEVELOPMENT OPPORTUNITY

CITY OF CHARLOTTESVILLE DEPARTMENT OF NEIGHBORHOOD DEVELOPMENT SERVICES STAFF REPORT APPLICATION FOR A SPECIAL USE PERMIT

THE AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN AGENDA

DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES. Planning Division. m e m o r a n d u m

THE AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN AGENDA

City of Valdosta Land Development Regulations

ATLANTA ZONING ORDINANCE UPDATE

SAN FRANCISCO PLANNING COMMISSION MOTION NO

Board of Zoning Adjustments Staff Report Monthly Meeting Monday, June 13, 2016

CITY PLANNING COMMISSION CITY OF NEW ORLEANS EXECUTIVE DIRECTOR. City Planning Commission Staff Report. Executive Summary

DEPARTMENT OF PLANNING JEFFERSON PARISH, LOUISIANA

DEVELOPMENT DEPARTMENT STAFF REPORT STAFF REPORT DRESDEN DRIVE TOWNHOMES DCI

Board of Zoning Adjustments Staff Report Monthly Meeting Monday, November 9, 2015

DEVELOPMENT DEPARTMENT STAFF REPORT STAFF REPORT EASTSIDE CHAMBLEE LINK DCI

A. Land Use Designations: General Plan: LDR Low Density Residential Zoning: R-1H Single Family Residential - Hillside Overlay

Glades County Staff Report and Recommendation Unified Staff Report for Small Scale Plan Amendment and Rezoning

O-I (Office-Institutional) and AG-1(Agricultural)

PLANNING COMMISSION STAFF REPORT

DEPARTMENT OF PLANNING JEFFERSON PARISH, LOUISIANA

ADMINISTRATIVE HEARING STAFF REPORT

Glades County Staff Report and Recommendation REZONING

CITY OF CHARLOTTESVILLE DEPARTMENT OF NEIGHBORHOOD DEVELOPMENT SERVICES STAFF REPORT APPLICATION FOR A SPECIAL USE PERMIT

PLANNING COMMISSION STAFF REPORT. Merrimac PLNSUB Planned Development 38 West Merrimac November 9, Request. Staff Recommendation

Planning Commission Report

DIVISION 1 PURPOSE OF DISTRICTS

THE CITY OF RAYMORE, MISSOURI Single-Family Residential Zoning Districts

City of Piedmont COUNCIL AGENDA REPORT

VERTICAL MIXED USE DEVELOPMENT (Urban Village)

R E S O L U T I O N. 1. Request: A Departure from Parking and Loading Standards (DPLS-449) for 32 parking spaces.

PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT STAFF REPORT PREMIER AUTO SERVICES, INC. VARIANCES

DEVELOPMENT STANDARDS FOR RESIDENTIAL PROJECTS RESIDENTIAL BUILDING TYPES: APPROPRIATE ZONES AND DENSITIES 2-1

50+54 BELL STREET NORTH

Primary Districts Established 4

CITY PLANNING COMMISSION CITY OF NEW ORLEANS EXECUTIVE DIRECTOR. City Planning Commission Staff Report Executive Summary October 27, 2015

DEVELOPMENT DEPARTMENT STAFF REPORT STAFF REPORT MCDONALD S ZONING MAP AMENDMENT AND CONCURRENT VARIANCES

Conditional Use Application

Anacortes, WA. 718 commercial ave. FOR lease. 2,320 +/- sf retail space in a 10,820 +/- sf building. Located in historic downtown Anacortes

PA Conditional Use Permit for Kumon Learning Center at 1027 San Pablo Ave.

PLANNING & ZONING DEPARTMENT Town Hall Annex, 66 Prospect St., Ridgefield, CT Fax

II. What Type of Development Requires Site Plan Review? There are five situations where a site plan review is required:

ARTICLE XI CONDITIONAL USE PERMITS

Sedro woolley, WA 720 MURDOCK ST. FOR sale. 14,500 +/- sf office building with 8,500 +/- sf unfinished basement space on 0.

Zoning Most Frequently Asked Questions

City of Placerville Planning Commission STAFF REPORT

Introduction & Background

COMMERCIAL ELEMENT AND CODE ENFORCEMENT

The demolition required for the project came before the Landmark Preservation Commission (LPC) on November 3, 2016, where no action was taken.

ARLINGTON COUNTY, VIRGINIA

DATE: February 28, Marilynn Lewis, Principal Planner

AGENDA ITEM SUMMARY GLADES COUNTY BOARD OF COUNTY COMMISSIONERS

Direct Control District No. 1 (DCD1) for The South Downtown

LAND USE AND ZONING OVERVIEW

ORDINANCE NO. Be it ordained by the City Council of the City of Abilene, Texas:

Village of Glenview Plan Commission

City of Escondido Zoning Administrator

Overview. Central Street Master Plan. Appendix B: Zoning

Use Permit # to establish beer and wine service with meals within an existing quick-service restaurant space.

Staff Report PLANNED DEVELOPMENT. Salt Lake City Planning Commission. From: Lauren Parisi, Associate Planner; Date: December 14, 2016

8.5.1 R1, Single Detached Residential District

5 ft. When adjacent to MF 9 and MF 18: 20 ft. MAXIMUM SETBACKS Frontage Ground Floor Above Ground Floor State Road 7 30 ft. N/A MINIMUM ACTIVE USES

Independence Township Planning Commission. Richard K. Carlisle, AICP. DATE: November 30, Millstone Golden, LLC Special Land Use

COMMERCIAL/INDUSTRIAL DEVELOPMENT GUIDELINES

DEVELOPMENT DEPARTMENT STAFF REPORT THE PARK AT 5 TH

A DJUSTMENTS. A. Zoning Permits Required: Use Permit to construct a dwelling unit, as required by BMC Section 23D

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS CITY OF EAST PROVIDENCE CHAPTER

SAVANNAH ZONING BOARD OF APPEALS MPC STAFF REPORT

Urban Planning and Land Use

PLANNING RATIONALE REPORT

COMMERCIAL ZONING DISTRICTS (Amended 11/13/14) Part I. C-1 Restricted Commercial District

ARTICLE VII. NONCONFORMITIES. Section 700. Purpose.

1. Cuyler-Brownsville planned neighborhood conservation (P-N-C) districtphase I (section ). (2) Single-family semiattached dwellings;

REZONING APPLICATION INSTRUCTIONS

Chapter ADMINISTRATIVE REVIEW APPLICATION REQUIREMENTS AND PROCEDURES

Bylaw No , being "Official Community Plan Bylaw, 2016" Schedule "A" DRAFT

Department of Planning & Zoning

Planning Justification Report

PLANNING COMMISSION WILLIAMSBURG, VIRGINIA WORK SESSION AGENDA Wednesday, May 23, 2012

DEVELOPMENT DEPARTMENT STAFF REPORT STAFF REPORT BOJNANGLES SIGN VARIANCES

RE: 6. GILL/GREEN COMPREHENSIVE PLAN AMENDMENT, REZONING AND PRELIMINARY PLAT

Transcription:

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 043/18 Applicant: City Council Motion No. M-18-25 Request: Location: Request for a conditional use to permit a neighborhood commercial establishment for a specialty restaurant in an HU-RD2 Historic Urban Two-Family Residential District. The municipal addresses are 938-940 Louisiana Avenue and 3406 Constance Street. Summary of Proposal: Zoning Docket 043/18 is a request for a conditional use to establish and operate a neighborhood commercial establishment in an HU-RD2 Two-Family Residential District. The purpose of the proposed conditional use is to allow a part of the existing structure on the subject property to be developed as a specialty restaurant (ice cream parlor). The site is currently zoned as an HU-RD2 Two-Family Residential District, which allows specialty restaurants as a conditional use under the provisions set forth for a neighborhood commercial establishment. 1 The petitioned site is located at the uptown-riverside (southwest) corner of Louisiana Avenue and Constance Street in the historic Irish Channel neighborhood. It is situated in a single- and two-family residential area, one block from Magazine Street. The site is developed with a two-story frame structure built in the traditional corner store style. Although the applicant would engage in renovations, no expansion to the footprint of the structure has been requested. The request is consistent with the Master Plan, and meets all of the conditional use approval criteria. 1 Article 20, Section 20.3.NN, Neighborhood Commercial Establishment ZD 043/18 1

Consistency with the Plan for the 21 st Century: The proposal is consistent with the Master Plan. Recommendation: The staff recommends APPROVAL of Zoning Docket 043/18, subject to seven (7) provisos. Reason for Recommendation: 1. The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations, would reestablish a very low-intensity commercial use on site, and would bring a vacant property back into commerce while limiting the potential impact on surrounding residences. 2. The proposal is consistent with the Plan for the 21 st Century. ZD 043/18 2

City Planning Commission Meeting CPC Deadline: May 26, 2018 Tuesday, March 27, 2018 CC Deadline: 60 days from receipt City Council District: B Cantrell Zoning Docket: 043/18 PRELIMINARY STAFF REPORT To: City Planning Commission From: Robert Rivers, Executive Director Stephen Kroll, Planning Administrator Prepared by: Robin Jones Date: March 20, 2018 I. GENERAL INFORMATION Applicant: City Council Motion No. M-18-25 Request: Location: Request for a conditional use to permit a neighborhood commercial establishment for a specialty restaurant in an HU-RD2 Historic Urban Two-Family Residential District The petitioned site is located in Square 161, Pt. Lot 16 or Lot 16, in the Sixth Municipal District, bounded by Louisiana Avenue, Laurel Street, Delachaise Street, and Constance Street. The municipal addresses are 938-940 Louisiana Avenue and 3406 Constance Street. (PD 2) Description: The petitioned site is located at the uptown-riverside (southwest) corner of Louisiana Avenue and Constance Street in the East Riverside neighborhood of the local Irish Channel Historic District. It is situated in a single- and two-family residential area, one block from Magazine Street. The site is developed with a twostory frame structure built in the traditional corner-store-with-residential-above style. There is also a ground-level dwelling unit next to the former corner store section of the building. Because the structure contains three separate units, it has three addresses: 938 Louisiana Avenue, 940 Louisiana Avenue, and 3406 Constance Street. The site consists of a currently vacant unit in a two-story, three-unit structure, originally built as a traditional corner store with residential uses above. As is typical of such structures in pre-war neighborhoods, it is built to both front property boundaries (Louisiana Avenue and Constance Street). In an effort to open a specialty restaurant (ice cream parlor) in the former corner ZD 043/18 3

store, the applicant wishes to obtain a conditional use for the site. The applicant proposes interior renovations to the portion of the building intended for use as the ice cream parlor, but no expansion to the footprint of the structure has been requested. One temporary short-term rental license was issued in September 2017 for 938 Louisiana Avenue, and a second temporary short-term rental application was issued in December 2017 for 3406 Constance Street. 2 Why is City Planning Commission action required? 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.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 (938-940 Louisiana Avenue) is located in the historic Irish Channel historic district and is situated within a large HU-RD2 Historic Urban Two-Family Residential District that includes most properties within the area bounded by the Coliseum Street, Washington Avenue, the Mississippi River, and Napoleon Avenue. Because of its having been developed in the late 19 th - and early 20 th centuries, the area also features numerous corner-stores that once met the shopping needs of the residents, a development pattern that is typical of pre-war neighborhoods throughout the city. With the exception of the Magazine Street commercial corridor, a restaurant also located in the 900 block of Louisiana Avenue, and a public (NORDC) playground and recreation facility three blocks to the south (where Louisiana Avenue intersects with Tchoupitoulas Street), the surrounding area is developed primarily with single-family and two-family residences, many of which are corner store structures that have been converted to residential use over the years. 2 17STR-17846 and 17STR-18993, respectively ZD 043/18 4

ZONING MAP AERIAL PHOTO SHOWING SUBJECT PROPERTY AND NEARBY RESTAURANTS B. What is the zoning and land use history of the site? Zoning: ZD 043/18 1929 B Residence Multiple Dwellings 1953 C Four-Family District 1970 RD-3 Two-Family Residential District 2015 (prior to 8/12/2015) RD-3 Two-Family Residential District 2015 (effective 8/12/2015) HU-RD2 Historic Urban Two-Family Residential District 5

Land Use: 1929 Commercial- First floor- Residence Above 1953 Three-Four Families 1999 Residential Single & Two-Family 3 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? With the exception of recent the zoning change requested for the subject property (Zoning Docket 104/17 below), there have been no relevant requests in the past five years for a zoning action (including zoning changes, conditional use permits, and planned development districts) for properties located within a 1,500-foot radius (an approximately five-block radius) of the site. Zoning Docket 104/17 was a request for a zoning change from an HU-RD2 Historic Urban Two-Family Residential District to an HU-B1A Neighborhood Business District that was recommended for denial by the City Planning Commission. The request was likewise denied by the City Council, in part because the neighborhood commercial establishment designation allows for the structure to potentially be returned to low-intensity commercial use as an ice cream parlor without allowing the full range of uses permitted in the HU-B1A Neighborhood Business District. D. What are the comments regarding design? Site/Building Design The subject property is 32 feet wide, 91 feet deep, and measures 2912 square feet in area, and is developed with a two-story structure built in the traditional ground-floor-cornerstore-with residence-above style. The structure currently contains three units, two of which are residences, and one intended for the proposed commercial use (ice cream parlor). The commercial unit occupies roughly half of the structure s ground floor (approximately 1,080 square feet), with the other half of the ground floor developed as a dwelling unit. A second dwelling unit is on the second floor. The proposed commercial establishment s main entrance will be at the existing original doorway situated diagonally across the corner of the building, with a second entrance on the Constance Street side. The interior of the commercial unit features the customer service space immediately inside the main entrance and a food preparation area at the rear of the building, with restroom facilities situated between those two areas (Figure 1). The Constance Street façade features an existing storefront window that will be retained and used for the ice cream parlor; the plans submitted show a similarly sized storefront window to be installed on the Louisiana Avenue façade. Only the single ground-floor unit intended to contain the ice cream parlor will be designated for use as a Neighborhood Commercial Establishment. Proposed renovations are limited to the existing footprint of the structure, and any exterior changes 3 The 1999 Land Use Plan presented a generalized indication of land uses, and was not lot-specific. ZD 043/18 6

are subject to HDLC approval. There is a curb cut on the Constance Street side of the subject property that no longer serves its intended purpose (Figure 2). FIGURE 1 FLOOR PLAN OF PROPOSED ICE CREAM PARLOR FIGURE 2 At the March 7, 2018 Planning Advisory Committee meeting, the representative from the Department of Public Works raised concerns about the degree of slope for the accessibility ramp (relative to the height of the curb) as shown on the plans, in addition to its being in the public right-of-way (Constance Street side). The Sewerage and Water Board s representative noted that there are restrictions as to what may be constructed or installed on the Louisiana Avenue side of the subject property because SWBNO must be able to ZD 043/18 7

access their infrastructure for repairs and maintenance. Therefore, should the City Planning Commission grant the request, the staff recommends the following proviso: The applicant shall submit an updated site plan, subject to review and approval of the City Planning Commission staff, indicating the restoration of the sidewalk and curb in the public right-of-way along the Constance Street frontage, subject to the review and approval of the Department of Public Works. Signage The applicant did not indicate the installation of any signage on the site. Neighborhood Commercial Establishments are subject to the signage requirements of the HU-B1A District. Should City Planning Commission grant this conditional use request, in the event the applicant requests to install signage, the staff recommends the following proviso: The applicant shall obtain permits for any proposed signage and proposed signs shall be in compliance with the regulations of Article 24 of the Comprehensive Zoning Ordinance. Trash Abatement The applicant s site plan does not indicate the location of a trash receptacle. Therefore, if granted, the staff recommends the following standard proviso: In accordance with Article 23, Section 23.13.C.1 of the Comprehensive Zoning Ordinance, the final site plans shall indicate the location of the trash receptacle which may be within an enclosed structure or screened by a seven foot (7 ) opaque fence with latching gates. At no time, excepting trash collection days, shall trash be stored as to be visible from the public rights-of-way. Building encroachments There are existing building encroachments over the public right-of-way adjacent to the site, most notably the canopy at the front of the structure. If determined to be necessary by the Department of Property Management s Division of Real Estate and records, the applicant will have to make the appropriate arrangements for the projection of those building elements over public property. The applicant shall secure the appropriate rights to utilize City property in connection with any and all encroachments in accordance with the requirements of the Department of Property Management, Office of Real Estate and Records. Miscellaneous To ensure the Department of Safety and Permits does not issue building permits that are contradictory to the requirements of the conditional use, the staff recommends the ZD 043/18 8

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 one year or failure to request an administrative extension as provided for in Article 4, Section 4.3.H.2 of the Comprehensive Zoning Ordinance will void the conditional use approval. E. What impact will the proposed conditional use have on the transportation system, if any? What are the off-street parking and off-street loading requirements? Can they be provided on site? If not, is a waiver required? Traffic Louisiana Avenue is a two-way street with on-street parking and sidewalks on both sides of the street, and is a major connector between Claiborne Avenue and Tchoupitoulas Street. Because the subject property will be used as a neighborhood commercial establishment, the level of traffic resulting from the proposed use will likely increase the amount of vehicular to a very small degree, but nevertheless should be comparable to the cumulative level of traffic resulting from similar small-scale establishments, of which there are many. It is also likely, given the restaurant s location adjacent to a somewhat dense, walkable commercial corridor and surrounded by residences in every direction that some of its prospective customers may opt to walk to it, and it should be noted that there are plans for a bikeway between St. Charles Avenue and Magazine Street projected for completion in late 2019. Accordingly, neither the transportation system nor the volume of traffic is likely to experience any significant negative impact resulting from the granting of this conditional use. Parking Pursuant to Article 22, Section 22.5.A.3 Exemptions, Neighborhood Commercial Establishments are exempt from all vehicle parking requirements. Loading Pursuant to Article 22, Section 22.7 Off-Street Loading, the proposed use is exempt from a minimum off-street loading requirement because it is located within a Historic Urban Neighborhood District. F. What effects/impacts would the proposed conditional use have on adjacent properties? The conversion of the site to a Neighborhood Commercial Establishment could be seen as a benefit to surrounding properties as it would be a small business likely drawing customers from the immediate surrounding neighborhood. Per the regulations of Article 20, Section ZD 043/18 9

20.3.NN of the Comprehensive Zoning Ordinance, the site would also be limited to operating between the hours of 6:00 am and 10:00 p.m., seven days a week, which would help to mitigate any increased noise or other negative impacts the proposed use may bring to the community. G. What are the comments from other agencies/departments/committees? Planning Advisory Committee The proposal was considered at the March 7, 2018 Planning Advisory Committee meeting, where the representative from the Department of Public Works raised concerns about the degree of slope for the accessibility ramp (relative to the height of the curb) as shown on the plans, in addition to its being in the public right-of-way (Constance Street side). The representative from the Department of Parks and Parkways inquired as to whether street trees could be installed, and the Sewerage and Water Board s representative noted that there are restrictions as to what may be constructed or installed on the Louisiana Avenue side of the subject property because SWBNO must be able to access their infrastructure for repairs and maintenance. It should be noted that while Parks and Parkways requests street trees, none are required pursuant to Article 23, Section 23.11 which only requires parkway trees in Central Business, Commercial Center and Institutional Campus Districts. The petitioned site is in a Historic Urban Non-Residential District. The Committee passed a motion of no objection to the request subject to further review by the City Planning Commission, the Department of Public Works, the Sewerage and Water Board of New Orleans, the Historic District Landmarks Committee, the Department of Real Estate and Records, and the Department of Parks and Parkways, all of which can occur through standard permitting processes or through adherence to the recommended provisos. H. Compliance with approval standards The City Planning Commission recommendation and the City Council decision on applications for a conditional use amendment shall, on the basis of all information submitted, evaluate the impact of the amendment 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. ZD 043/18 10

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 Residential Pre-War Low Density. The goal, range of uses, and development character for that designation are provided 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 two-family residential and allow for compatible infill 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) also 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. The request for a conditional use to convert a vacant ground floor unit into a neighborhood commercial establishment would be consistent with the range of uses which envision businesses and traditional corner stores where current or former commercial use is verified. Though the structure is residential in nature, part of it had been used commercially as early as 1937. Bringing this structure back into commerce could enhance the character of the neighborhood and maintain consistency with the Master Plan. The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations. This standard is met. The site is located within an HU-RD2 Historic Urban Two-Family Residential District. The purpose of the HU-RD2 District is to provide for two-family ZD 043/18 11

development on smaller lots in older, densely populated urban sections of the City mixed with detached 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 proposal is consistent with the intent of this zoning district as it involves the reestablishment of a Neighborhood Commercial Establishment. 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. The applicable standards of Article 20, Section 20.3.NN Neighborhood Commercial Establishment, below, are fully met. The standards are as follows: 1. The existing structure is non-residential in its construction and original use. This standard is met. Sanborn Maps indicate that a portion of the structure was used as a store and dwelling unit as early as 1937 as shown in Figure 3. FIGURE 3-1937 SANBORN MAP DESIGNATION INDICATES HISTORIC USE AS A STORE 2. The existing structure and the proposed use shall be pedestrian-oriented in design, including public entrances oriented to the street and storefront windows along the first floor. This standard is met. The existing structure is pedestrian-oriented in design as the entrance is oriented to the sidewalk. The Constance Street side of the structure has an ZD 043/18 12

existing traditional storefront window, and plans submitted by the applicant indicate the installation of a similar window on the Louisiana Avenue. 3. Neighborhood commercial establishments are limited to the first floor of the structure and three-thousand (3,000) square feet in gross floor area. This standard is met. The gross floor area of the proposed neighborhood commercial establishment would be approximately 1,080 square feet, which is below the maximum permitted 3,000 square feet. The proposed use will only occupy a portion of the ground floor. 4. The proposed use is permitted within a neighborhood commercial establishment This standard is met. The proposed use is a specialty restaurant (an ice cream parlor), as indicated in the list of uses permitted within a neighborhood commercial establishment: i. Art Gallery ii. Arts Studio iii. Day Care Center, Adult or Child iv. Office v. Personal Services Establishment vi. Restaurant, Specialty vii. Retail Goods Establishment 5. The structure is limited to the existing building footprint. No increase in building footprint or intensity of use is permitted. This standard is met. The applicant s site plan does not indicate an increase to the existing building footprint. The replacement of awnings and addition of a wheelchairaccessible ramp does not increase the building footprint. 6. The principal entrance shall be a direct entry from the street the property abuts. This standard is met. The site s main entrance will be at the existing original doorway situated diagonally across the corner of the building. 7. No off-street parking is required. This standard is met. The applicant s site plan does not indicate any off-street parking. 8. Drive-through facilities are prohibited. This standard is met. The applicant s site plan does indicate any drive-through facilities. 9. Outside storage or display is prohibited. All business, servicing, processing, and ZD 043/18 13

storage operations shall be located within the structure. The applicant s site plan does not indicate any outside storage or display on the site. The staff recommends the following proviso to ensure compliance with this standard: In accordance with Article 20, Section 20.3.NN of the Comprehensive Zoning Ordinance, outside storage or display is prohibited. All business, servicing, processing, and storage operations shall be located with the structure. 10. Any signs are subject to the requirements of the HU-B1A District. To date, the applicant has not indicated what signage will be employed for the ice cream parlor. The staff recommends the implementation of a standard proviso regarding any proposed signage noted earlier in this report, which will ensure compliance with this standard. 11. Hours of operation are limited to 6am through 10pm. The applicant has not indicated the proposed business hours of the ice cream parlor. Therefore, the staff recommends the following standard proviso to ensure compliance with this standard: In accordance with Article 20, Section 20.3.NN of the Comprehensive Zoning Ordinance, the hours of operation shall be limited to between 6am through 10pm seven days a week. All environmental performance standards in Section 21.3 of the Comprehensive Zoning Ordinance will be met. The proposed use is compatible with and preserves the character and integrity of adjacent development and neighborhoods and, as required by the particular circumstances, includes improvements or modifications either on-site or within the public right-of-way to mitigate development-related adverse impacts. The proposal to open a neighborhood commercial establishment at the petitioned site would reestablish a low-intensity commercial use on site, and bring a vacant commercial unit back into commerce. If approved, the applicant would be required to restore the sidewalk and curb, contributing to improvements in the public right-of-way. As such, approval of the request is not anticipated to negatively affect adjacent development and neighborhoods. Any variance of zoning standards meets the approval standards of Section 4.6.F. This standard does not apply. ZD 043/18 14

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 use meets this standard. The proposed use would not cause material damage or prejudice to other properties in the vicinity. The proposed ice cream parlor would allow for the revitalization and reestablishment of a vacant commercial structure. III. SUMMARY Zoning Docket 043/18 is a request for a conditional use to establish and operate a neighborhood commercial establishment in an HU-RD2 Two-Family Residential District. The site is currently zoned as an HU-RD2 Two-Family Residential District, which allows specialty restaurants as a conditional use under the provisions set forth for a neighborhood commercial establishment. The petitioned site is located at the uptown-riverside (southwest) corner of Louisiana Avenue and Constance Street in the historic Irish Channel neighborhood. It is situated in a single- and two-family residential area, one block from Magazine Street. The site is developed with a two-story frame structure built in the traditional corner store style. Although the applicant would engage in renovations, no expansion to the footprint of the structure has been requested. The proposal would reestablish a low-intensity commercial use on the site and bring a vacant commercial property back into commerce. The proposal is not anticipated to negatively affect adjacent developments. The request is also consistent with the Master Plan, and meets the approval standards for a conditional use. IV. PRELIMINARY STAFF RECOMMENDATION 4 The staff recommends APPROVAL of Zoning Docket 043-18, a request for a Conditional Use to establish and operate a Neighborhood Commercial Establishment in an HU-RD2 Two-Family Residential District, subject to the following seven (7) provisos: Provisos 1. The applicant shall secure the appropriate rights to utilize City property in connection with any and all encroachments in accordance with the requirements of the Department of Property Management, Office of Real Estate and Records. 2. The applicant shall submit an updated site plan, subject to review and approval of the City Planning Commission staff, indicating the restoration of the sidewalk and curb in the public right-of-way along the Constance Street frontage, subject to the review and approval of the Department of Public Works. 3. The applicant shall obtain permits for any proposed signage and proposed signs shall be in compliance with the regulations of Article 24 of the Comprehensive Zoning Ordinance. 4 Subject to modification by the City Planning Commission ZD 043/18 15

4. In accordance with Article 23, Section 23.13.C.1 of the Comprehensive Zoning Ordinance, the final site plans shall indicate the location of the trash receptacle which may be within an enclosed structure or screened by a seven foot (7 ) opaque fence with latching gates. At no time, excepting trash collection days, shall trash be stored as to be visible from the public rights-of-way. 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 Commission and recorded with the Office of Conveyances. Failure to complete the conditional use process by properly recording plans within one year 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. 6. In accordance with Article 20, Section 20.3.NN of the Comprehensive Zoning Ordinance, outside storage or display is prohibited. All business, servicing, processing, and storage operations shall be located with the structure. 7. In accordance with Article 20, Section 20.3.NN of the Comprehensive Zoning Ordinance, the hours of operation shall be limited to between 6am through 10pm seven days a week. V. REASONS FOR RECOMMENDATION 1. The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations, would reestablish a very low-intensity commercial use on site, and would bring a vacant property back into commerce while limiting the potential impact on surrounding residences. 2. The proposal is consistent with the Plan for the 21 st Century. ZD 043/18 16

Project NPP Report Project Name: Love Kreme Ice Cream Parlor Date of Report: December 5, 2017 PROJECT NPP REPORT 1

Overview This report provides results of the implementation of the Project Neighborhood Participation Program for property located at 940 Louisiana Avenue on the corner of Louisiana Avenue and Constance Street. The applicant intends to file an application for a conditional use to permit a ice cream parlor. This report provides a summary of contacts with citizens, neighbors, public agencies, and interested parties. Opportunities have been provided to learn about and comment on the proposed plans and actions. Comments, sign-in lists, petitions, letters, summary sheets, and other materials are attached. Contact: Reginald Commodore 3406 Constance Street New Orleans, LA 70115 206-596-1370 Email: lovekreme1@gmail.com Neighborhood Meetings The following dates and locations of all meetings where citizens were invited to discuss the applicant s proposal. Comments, sign-in lists, and other feedback are attached. Location: December 03, 2017 at Milton H. Latter Memorail Library, 5120 St. Charles Avenue New Orleans, LA 70115 1pm 2pm. There were 7 people in attendance. Correspondence and Telephone Calls PROJECT NPP REPORT 2

November 15, 2017 - Letters mailed to contact list including homes, apartments, neighborhood associations, churches, and schools. November 16, 2017 - Hand delivered and posted notifications within 300 ft. radius of the proposed ice cream parlor site. Results of NPP Meeting There were 160+ persons/addresses invited to the NPP meeting. See summary below: 1. Summary of Concerns, issues and problems a. Increased traffic congestion to Louisiana Avenue b. Increased Trash c. Increased cars parked in neighborhood d. Ice cream will not sell in neighborhood e. Where do I live f. What I do for a living 2. How Concerns, issues and problems will be addressed: a. Traffic congestion will clear up once utility repair work is completed on Louisiana Avenue. b. Trash cans will be placed in and around property and picked up regularly by the ice cream parlor. c. The ice cream shop should not increase parking restraints in the neighborhood beyond what they currently are at now. I explained that I project the majority of my patrons to come from foot-traffic off of Magazine Street & from the neighborhood itself. I also explained that I have observed from Café Atchafalaya that more & more people are using Uber, Lyft,, and other ridesharing options, and this too will alleviate the parking congestion in the area. d. I explained that I have strong team behind me to help me in my business and that I expect Love Kreme to do well & succeed. Also, Love Kreme s success or lack thereof will not have any negative impact on integrity of the neighborhood as it is an ice cream parlor. e. I informed them that I live at 3406 constance and have lived here since 2005 f. I informed them that I am a engineer. Concerns, issues, and problems not addressed and why PROJECT NPP REPORT 3

None. Results of the Neighborhood Participation Process Even though the seven people who came to the NPP meeting were against the idea, the majority of the surrounding community is in favor of a specialty restaurant located at 938-940 louisiana Louisiana Avenue from. I have included with this application emails from neighbors, property owners, & the nearby community. The seven individuals who attended the meeting did not fill out comment cards, so none are being submitted with this application. As you can see from the many comments, most of the surrounding community is in support of the zoning change are looking forward to a neighborhood ice cream shop opening in the area. I hope that my above answers and explanations have clarified my intentions and have alleviated some of their concerns. I also want to point out that historically there has always been three commercial properties in this particular neighborhood: 901-03 Louisiana Avenue, 1001 Louisiana Avenue, and my 940 Louisiana Avenue. (Please see the attached census, newspaper, and business pages.) 901-03 Lousiana Avenue, formerly Petrossi Restaurant is now Cafe Atchafalaya. 1001 Louisiana Avenue, formerly White House Service Station, is now GR Automotive. 940 Louisiana Avenue, my address, was Patello s Grocery Store owned by the Patello Family. As you can see, the first two addresses have had their original HU B1A zoning reinstated, keeping with the spirit of the properties' historic functionality and purpose of New Orleans Historic Urban Neighborhoods. As stated in the New Orleans Comprehensive Zoning Ordinance, Historic Urban Neighborhoods are those areas of the city that were developed predominantly in the mid to late 19th century. The development pattern of Historic Urban Neighborhoods is characterized by a higher density and pedestrian scale environment with limited accommodation for the automobile. Within Historic Urban Neighborhoods, many of the residential neighborhoods contain traditional corner stores that serve the immediate residents and are in proximity to commercial clusters of local businesses. Therefore, I am requesting that 940 Louisiana Avenue be granted a specialty restaurant with a conditional use. t In conclusion I would like to add that the resident has been my primary resident for the past 12 years and that I am very familiar with the neighborhood. I also have meter for 940 Louisiana Avenue the store front that has not lost its electric meter since property was a corner store. Thank you for your time and consideration in reviewing this application PROJECT NPP REPORT 4