CITY PLANNING COMMISSION CITY OF NEW ORLEANS MITCHELL J. LANDRIEU MAYOR ROBERT D. RIVERS EXECUTIVE DIRECTOR Subdivision Docket 105-16 City Planning Commission Staff Report Executive Summary LESLIE T. ALLEY DEPUTY DIRECTOR Applicant: Thomas R. LeBlanc, Jr. Request: This is a request to resubdivide Lot 2-B into Lots 2B1, 2B2, and 2B3. Location: Square 427, Sixth Municipal District, bounded by Louisiana Avenue, Carondelet, Delachaise, and Baronne Streets. The municipal address is 1700 Louisiana Avenue. (PD 2) Summary of Proposal: Subdivision Docket 105/16 is a request to resubdivide Lots 2-B into Lots 2B1, 2B2, and 2B3, in an HU-MU Historic Urban Neighborhood Mixed-Use District. The proposal would reconfigure the existing lot into three narrow lots to accommodate three townhomes. All lots would be rectangular in shape and measure 80 feet in depth and 20 feet in width. The HU-MU District requires a minimum lot area of 2,000 SF/DU for townhomes. The proposed lots would only contain a total square footage of 1,760 SF/DU each, making the lots substandard under the regulations. In accordance with Article 3 of the New Orleans Subdivision Regulations, all minor and major subdivisions are classified into seven categories. The proposed subdivision is classified as a Policy B subdivision request, which waives the requirement for a public hearing for subdivisions that meet all the requirements of the Subdivision Regulations or meet all three of the criteria. Cases that clearly meet these three criteria are eligible for administrative approval, but cases that are doubtful, are to be referred to the City Planning Commission. The proposal does not meet any of the three criteria of Policy B: a. No lot is reduced in area below the minimum lot size required by the Zoning Ordinance; b. The new condition creates a general improvement of the original plat by increased lot width, etc., although the proposed lots may be slightly below SD105/16 Page 1 of 12
the minimum lot dimensions and area standards which are required in these regulations; c. Improvements exist upon the property, antedating original adoption of the Subdivision Regulations (May 1950). Because this application is not fully compliant with Policy B, it must be considered by the City Planning Commission. In accordance with Article 3 of the Subdivision Regulations, the proposed subdivision is classified as a Policy B subdivision request. The proposed subdivision does not meet criteria b and c of Policy B, in that it does not create an improvement over the existing conditions and there are not improvements on the site that date back to 1950. Since the proposed lots do not meet the minimum lot standards in the Comprehensive Zoning Ordinance and do not meet all three criteria of Policy B in the Subdivision Regulations, the staff cannot support the subdivision request. Master Plan: Recommendation: The proposal is consistent with the Master Plan. The staff recommends DENIAL of Subdivision Docket 105-16. Reasons for Recommendation: 1. The proposed resubdivision will create noncompliance with the district regulations and allow the construction of townhomes on lots that are insufficient in minimum lot area. 2. The request does not meet any of the three criterions for a resubdivision under Policy B of the Subdivision Regulations. SD105/16 Page 2 of 12
City Planning Commission Meeting September 27, 2015 CONSIDERATION SUBDIVISION DOCKET 046/16 Applicant: Thomas R. LeBlanc, Jr. Prepared By: Tyler J. Antrup Date: September 20, 2016 Deadline: October 9, 2016 GENERAL INFORMATION Proposal: This is a request to resubdivide Lot 2-B into Lots 2B1, 2B2, and 2B3. Location: Zoning: Current Land Use: Square 427, Sixth Municipal District, bounded by Louisiana Avenue, Carondelet, Delachaise, and Baronne Streets. The municipal address is 1700 Louisiana Avenue. (PD 2) HU-MU Historic Urban Neighborhood Mixed-Use District Vacant lot Required: Subdivision Docket 105/16 is a request to resubdivide Lots 2-B into Lots 2B1, 2B2, and 2B3, in an HU-MU Historic Urban Neighborhood Mixed-Use District. The proposal would reconfigure the existing lot into three narrow lots to accommodate three townhomes. All lots would be rectangular in shape and measure 80 feet in depth and 20 feet in width. The HU-MU District requires a minimum lot area of 2,000 SF/DU for townhomes. The proposed lots would only contain a total square footage of 1,760 SF/DU each, making the lots substandard under the regulations. In accordance with Article 3 of the New Orleans Subdivision Regulations, all minor and major subdivisions are classified into seven categories. The proposed subdivision is classified as a Policy B subdivision request, which waives the requirement for a public hearing for subdivisions that meet all the requirements of the Subdivision Regulations or meet all three of the criteria. Cases that clearly meet these three criteria are eligible for administrative approval, but cases that are doubtful, are to be referred to the City Planning Commission. The proposal does not meet any of the three criteria of Policy B: a. No lot is reduced in area below the minimum lot size required by the Zoning Ordinance; b. The new condition creates a general improvement of the original plat by increased lot width, etc., although the proposed lots may be slightly below the SD105/16 Page 3 of 12
minimum lot dimensions and area standards which are required in these regulations; c. Improvements exist upon the property, antedating original adoption of the Subdivision Regulations (May 1950). Because this application is not fully compliant with Policy B, it must be considered by the City Planning Commission. Utilities & Regulatory Agencies: As part of the review process for subdivision proposals, the City Planning Commission staff requests responses from the Department of Property Management Division of Real Estate and Records, Department of Public Works, Department of Safety and Permits, Sewerage and Water Board, and Entergy, regarding the compliance of the proposed subdivision with the building codes, zoning ordinance, and other regulations governing development in the city. At the time of this report, the staff had received responses from two of the reviewing agencies. The Department of Property Management, Division of Real Estate and Records found an exception regarding ownership and the survey. The Letter of Request is in the name of the applicant Thomas R. LeBlanc, Jr. however, the title lists the owner as Harrier Enterprises, L.L.C. If the resubdivision is recommended for approval, the staff recommends the following proviso: The applicant shall comply with any requirements deemed necessary by Department of Property Management s Division of Real Estate and Records, the Department of Public Works, the Department of Safety and Permits, the Historic District Landmarks Commission, the Sewerage and Water Board, and Entergy. The Sewerage and Water Board stated that subsurface drainage was available. They also noted that sewer and water facilities are available but not shown on the survey, and recommended that a note should be on the subdivision plans stating that sewer and water house connections are the responsibility of the property owner. Existing Lots: The existing lot is rectangular with frontage on Louisiana Avenue at the intersection with Carondelet Street. It has a width of 60 feet along Louisiana Avenue and a depth of 88 feet, with frontage along Carondelet Street. Table 1: Existing Lot Dimensions Lot Designation Lot Width Lot Depth Lot Area 2-B 60 ft. 88 ft. 5,280 sq. ft. SD105/16 Page 4 of 12
Proposed Lots: The proposal would reconfigure the existing lot into three narrower lots to accommodate three townhomes. All lots would be rectangular in shape and measure 88 feet in depth and 20 feet in width. Each would measure 1,760 square feet in area. Development in the Vicinity: Table 2: Proposed Lot Dimensions Lot Designation Lot Width Lot Depth Lot Area 2B1 20 ft. 88 ft. 1,760 sq. ft. 2B2 20 ft. 88 ft. 1,760 sq. ft. 2B3 20 ft. 88 ft. 1,760 sq. ft. HU-MU Required 20 ft. N/A 2,000 sq. ft. The petitioned site is located within the Milan neighborhood of Uptown New Orleans on a square at the intersection of the Carondelet Street and Louisiana Avenue. The surrounding area is predominantly characterized by roughly square blocks consistent with the size and dimensions of squares throughout many of the city s historic neighborhoods. Larger parcels and developments are generally located along major streets. Lots on minor streets are generally smaller and are developed with single-, two-, or small multiple-family residential structures. There are also several smaller blocks in the vicinity of the site with unusual shapes formed by the changing alignment of the city s street grid as it curves with the Mississippi River. A small commercial node exists at and within a few blocks of the corner of Louisiana and Saint Charles Avenues, which is developed with a grocery store, a gas station, two banks, a fast food restaurant, professional offices, and the commercial uses within the subject site. HU-RM1 Historic Urban Multi-Family Residential Districts extend along Saint Charles Avenue in both directions from Louisiana Avenue. Both are predominantly developed with low- to mid-rise multiple-family residential structures, in addition to a smaller number of single-family dwellings and non-residential uses. An HU-MU Historic Urban Neighborhood Mixed-Use District extends from approximately South Claiborne Avenue to Prytania Street along the parcels fronting Louisiana Avenue. This HU-MU District is developed with a mixture of residential, commercial, and institutional uses, including stores, car washes, a church, and a post office. An MC Medical Campus District is located approximately two blocks toward the river and in the upriver direction from the site. This District is developed with the campus of Touro Infirmary, in addition to related medical office and off-street parking uses. A large HU-RD2 Historic Urban Two-Family Residential District is located approximately one-half block toward the lake and in the upriver direction from the site. The HU-RD2 District is mostly characterized by a mixture of single- and two-family dwellings and institutional uses. Walter L. Cohen High School is located one block toward the lake from the subject site within the HU-RD2 District. SD105/16 Page 5 of 12
COMPLIANCE WITH THE COMPREHENSIVE ZONING ORDINANCE, THE SUBDIVISION REGULATIONS, AND THE MASTER PLAN: Comprehensive Zoning Ordinance Compliance The petitioned site is located in an HU-MU Historic Urban Neighborhood Mixed-Use District. The lot requirements of the HU-MU District vary depending on the property s use and can be found in Article 12, Section 12.3.A.1. (Table 12-2) - Bulk & Yard Regulations of the Comprehensive Zoning Ordinance. The applicant proposes to construct three townhomes on the proposed lots, therefore the requirements for townhomes apply. The minimum lot width requirement is 20 feet, no minimum lot depth, and the minimum lot area is 2,000 square feet for townhomes. As mentioned above, all three proposed lots comply with the minimum lot width requirement, but are deficient in the minimum lot area requirement. Should the proposal be recommended for approval, the applicant would also need to see a waiver from the Board of Zoning Adjustments for each lot for the minimum lot area deficiency. The staff recommends the following proviso: The applicant shall obtain a waiver from the Board of Zoning Adjustments for insufficient lot area per dwelling unit as required by Article 12, Section 12.3.A.1. (Table 12-2) - Bulk & Yard Regulations for the proposed Lots. Subdivision Regulations Compliance This subdivision is classified for review under Policy B of the Subdivision Regulations. As noted in Article 3, Section 3.2.2 of the Subdivison Regulation, Policy B subdivisons are to be evaluated based on their compliance with the three criteria. Those subdivisions that comply with all of these criteria are eligible for administrative approval, while those that do not, such as this proposal, must be considered by the City Planning Commission. Policy B s three criteria are as follows: a. No lot is reduced in area below the minimum lot size required by the Zoning Ordinance; b. The new condition creates a general improvement of the original plat by increased lot width, etc., although the proposed lots may be slightly below the minimum lot dimensions and area standards which are required in these regulations; c. Improvements exist upon the property, antedating the original adoption of the Subdivision Regulations in 1950. Criterion a: Article 12, Section 12.3.A.1. (Table 12-2) - Bulk & Yard Regulations of the Comprehensive Zoning Ordinance requires a minimum of 2,000 square feet of lot area for townhomes. All of the proposed lots contain only 1,760 square feet, therefore, the request does not satisfy criterion a. SD105/16 Page 6 of 12
Criterion b: Generally, a re-subdivision proposal should be considered to be an improvement if it causes existing lots to become more compliant with the lot width, depth, and area standards of the applicable zoning district, or if it causes the lots to be complaint with some other standard. In this case, the existing lot currently meets the requirements of the district and the proposed subdivision would result in reduced lot width and area. The proposed subdivision would reconfigure Lot 2-B into narrower lots, which would create lots with insufficient lot area per dwelling unit. Townhome developments exist within the surrounding area which appear to comply with the lot area requirement, and approval of the proposal would not result in an improvement to the original plat. Therefore, the request does not satisfy criterion b. Criterion c: The subject property is currently vacant. The site was historically developed with a multi-family residence that has since been demolished. Therefore, criterion c is not met. The request does not meet any of the three criteria for approval under Policy B of the Subdivision Regulations. If the subdivision is approved, however, the staff recommends the following standard provisos: The applicant shall comply with all other Subdivision Regulations, which includes the submittal of mortgage certificates, a consent letter from the mortgage company (if applicable), and tax certificates for the site. The applicant shall submit a reproducible copy and two prints and a digital copy of the final subdivision survey in dwg, dfx, or ESRI compatible file format. Compliance with the Plan for the 21 st Century: New Orleans 2030 A land use action is consistent with the Plan for the 21 st Century, commonly known as the Master Plan, if it furthers, or at least does not interfere with, the goals, policies, and is compatible with the proposed future uses, densities, and intensities designated in the Land Use Element of the Plan. Chapter 14 of the Master Plan (the Land Use Plan) designates the future land use of the petitioned site as Mixed-Use Low Density. The goal, range of uses and development character for that designation are provided below: MIXED-USE LOW DENSITY Goal: Increase neighborhood convenience and walkability within and along edges of neighborhoods with low density residential and neighborhood-serving retail/commercial establishments. SD105/16 Page 7 of 12
Range of Uses: Low-density single-family, two-family and multifamily residential and neighborhood business; typically businesses in residential scale buildings interspersed with residences. Uses can be combined horizontally or vertically (ground floor retail required in certain areas). Limited light-industrial uses (craft and value added industry and passive warehousing and storage) may be allowed in some areas. Development Character: Height/mass, and density of new development varied depending on surrounding neighborhood character. The subdivision involves subdividing the subject site for townhome development, which is within the Mixed-Use Low Density range of uses and the proposal fits in with the allowed development character for the area. Therefore, the staff believes the proposal is consistent with the Master Plan. SUMMARY Subdivision Docket 105/16 is a request to resubdivide Lots 2-B into Lots 2B1, 2B2, and 2B3, in an HU-MU Historic Urban Neighborhood Mixed-Use District. The proposal would reconfigure the existing lot into three narrow lots to accommodate three townhomes. All lots would be rectangular in shape and measure 80 feet in depth and 20 feet in width. The HU-MU District requires a minimum lot area of 2,000 SF/DU for townhomes. The proposed lots would only contain a total square footage of 1,760 SF/DU each, making the lots substandard under the regulations. In accordance with Article 3 of the New Orleans Subdivision Regulations, all minor and major subdivisions are classified into seven categories. The proposed subdivision is classified as a Policy B subdivision request, which waives the requirement for a public hearing for subdivisions that meet all the requirements of the Subdivision Regulations or meet all three of the criteria. Cases that clearly meet these three criteria are eligible for administrative approval, but cases that are doubtful, are to be referred to the City Planning Commission. The proposal does not meet any of the three criteria of Policy B: d. No lot is reduced in area below the minimum lot size required by the Zoning Ordinance; e. The new condition creates a general improvement of the original plat by increased lot width, etc., although the proposed lots may be slightly below the minimum lot dimensions and area standards which are required in these regulations; f. Improvements exist upon the property, antedating original adoption of the Subdivision Regulations (May 1950). Because this application is not fully compliant with Policy B, it must be considered by the City Planning Commission. In accordance with Article 3 of the Subdivision Regulations, the proposed subdivision is classified as a Policy B subdivision request. The proposed subdivision does not meet criteria b and c of Policy B, in that it does not create an improvement over the existing conditions and SD105/16 Page 8 of 12
there are not improvements on the site that date back to 1950. Since the proposed lots do not meet the minimum lot standards in the Comprehensive Zoning Ordinance and do not meet all three criteria of Policy B in the Subdivision Regulations, the staff cannot support the subdivision request. PRELIMINARY STAFF RECOMMENDATION 1 The staff recommends DENIAL of Subdivision Docket 105/16. REASON FOR RECOMMENDATION 1. The proposed resubdivision will create noncompliance with the district regulations and allow the construction of townhomes on lots that are insufficient in minimum lot area. 2. The request does not meet any of the three criterions for a resubdivision under Policy B of the Subdivision Regulations. 1 The preliminary staff recommendation is subject to modification by the City Planning Commission. SD105/16 Page 9 of 12
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