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

Transcription

1 CITY PLANNING COMMISSION CITY OF NEW ORLEANS MITCHELL J. LANDRIEU MAYOR ROBERT D. RIVERS EXECUTIVE DIRECTOR LESLIE T. ALLEY DEPUTY DIRECTOR City Planning Commission Staff Report Executive Summary Zoning Docket 073/16 Applicant: Request: Location: WAYNE LOUIS DARMAS This is a request for a Conditional Use to permit a parking lot (principal use) in an HMC-2 Historic Marigny/Tremé/Bywater Commercial District, RDO-2 Residential Diversity Overlay District, AC-1 Arts and Culture Diversity Overlay District and EC Enhancement Corridor Design Overlay District SAINT BERNARD AVENUE Summary of Proposal: This is a request for a Conditional Use to permit a parking lot as a principal use in an HMC-2 Historic Marigny/Tremé/Bywater Commercial District, RDO-2 Residential Diversity Overlay District, AC-1 Arts and Culture Diversity Overlay District and EC Enhancement Corridor Design Overlay District. The applicant is proposing to construct a seven thousand, two hundred square foot (7,200 sf), seventeen (17) space parking lot over the entirety of Lots 4 and 5. The applicant is proposing the use of a permeable paving system called TruGrid, which the applicant asserts would bring this development below the impervious threshold of 5,000 sq. ft. that would require a Stormwater Management Plan. This use is a conditional use in the HMC-2 Historic Marigny/Tremé/Bywater Commercial District. Master Plan: The proposal is not addressed by the Master Plan. Recommendation: The staff recommends DEFERRAL of Zoning Docket 073/16, a request for a Conditional Use to permit a parking lot as a principal use in an HMC-2 Historic Marigny/Tremé/Bywater Commercial District Reasons for Recommendation: ZD 073/16 1

2 1. For the proposed land use to be considered approvable, it would need to comply with applicable design guidelines and approval standards. As presented, the plans do not demonstrate compliance with above referenced standards. Staff recommends deferral to allow applicant additional time to provide plans which comply with necessary regulations. ZD 073/16 2

3 City Planning Commission Meeting CPC Deadline: 09/24/16 Tuesday, July 26, 2016 CC Deadline: 60 days from receipt City Council District: C Ramsey Zoning Docket: 073/16 PRELIMINARY STAFF REPORT To: City Planning Commission From: Robert Rivers, Executive Director Stephen Kroll, Assistant Planning Administrator Prepared by: Danica Adams Date: July 13, 2016 I. GENERAL INFORMATION Applicant: Request: Location: WAYNE LOUIS DARMAS This is a request for a Conditional Use to permit a parking lot (principal use) in an HMC-2 Historic Marigny/Tremé/Bywater Commercial District, RDO-2 Residential Diversity Overlay District, AC-1 Arts and Culture Diversity Overlay District and EC Enhancement Corridor Design Overlay District. Square , Lots 4 and 5, in the Third Municipal District, bounded by Saint Bernard Avenue and North Villere, Annette and Urquhart Streets. The municipal addresses are SAINT BERNARD AVENUE. (PD 4) Description: The subject site is comprised of two adjacent lots, Lot 4 and Lot 5, in the New Marigny/7 th Ward neighborhood, on Saint Bernard Avenue near the intersection with North Villerie Street, in an HMC-2 Historic Marigny/Treme/Bywater Commercial District. The total site area is approximately seven thousand, two hundred square foot (7,200 sf), all of which is proposed to be a seventeen (17) space parking lot. Lot 4 had a two story brick structure which was demolished sometime between 2007 and It now has a curb cut and is improved with only the remainder of a concrete foundation. Lot 5 is improved with a concrete pad. Why is City Planning Commission action required? Article 10, Section 10.2.A (Table 10-1) states that conditional use approval is required for parking lot (principal use) in the HMC-2 Historic Marigny/Tremé/Bywater Commercial 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 Action by the City Planning Commission of the Comprehensive Zoning Ordinance. ZD 073/16 3

4 II. ANALYSIS A. What is the zoning of the surrounding areas? What is the existing land use? And how are the surrounding areas used? The subject site is located within an HMC-2 Historic Marigny/Tremé/Bywater Commercial District which extends the length of St. Bernard Ave. from Claiborne Avenue to Saint Claude Avenue. The HMC-2 Historic Marigny/Tremé/Bywater Commercial District is intended to permit more intensive commercial uses while protecting the historic character of the district. The HMC-2 Historic Marigny/Tremé/Bywater Commercial District extends the length of St. Bernard Ave. from Claiborne to St. Claude Ave. St. Bernard Ave. is a two-lane, two-way street which cuts diagonally across the street grid from the lake towards the river. Between Claiborne Ave. and St. Claude Ave., there are existing sidewalks, onstreet parking, and a bike lane on both sides of St. Bernard Ave. There are no street trees on this section of St. Bernard. On the downriver side of St. Bernard Ave., the South 7 th Ward neighborhood is zoned as an HMR-2 Historic Marigny/Tremé/Bywater Residential District. On the upriver side of St. Bernard Ave., the South 7 th Ward neighborhood is zoned as an HMR-3 Historic Marigny/Tremé/Bywater Residential District. Both of these districts are developed with older single- and two-family residences located close to or on the front property line, with narrow, one-way streets, on-street parking, sidewalks, and occasional street trees. ZD 073/16 4

5 B. What is the zoning and land use history of the site? Zoning: Land Use: 1929 E Commercial 1953 D Multiple-Family District 1970 C-l General Commercial District 2015 (prior to 8/12/2015) B1-A Neighborhood Business District 2015 (effective 8/12/2015) HMC-2 Historic Marigny/Tremé/Bywater Commercial District 1929 Residential Single Family or Public/Semi-Public Property 1949 Residential Single Family or Park 1999 Single- and Two-Family Residential 1 C. Have there been any recent zoning changes or conditional uses or planned developments in the immediate area? If so, do these changes indicate any particular pattern or trend? There have been no relevant zoning actions within five blocks of the subject site in the past five years. D. What are the comments related to Stormwater Management? The applicant proposes to construct a new parking lot approximately seven thousand, two hundred square foot (7,200 sf) is size. Article 23, Section 23.3.A of the Comprehensive Zoning Ordinance states that developments with over 5,000 square feet of impervious surface, or on site greater than one acre in size, are required to submit a Stormwater Management Plan demonstrating compliance with the requirement to retain, detain, and/or filter 1.25 inches of stormwater on site. Although the size of the proposed parking lot is greater than five thousand square feet in area (5,000 sf), the applicant has proposed a permeable paving system, TruGrid, in place of a conventional impermeable surface such as asphalt or concrete. For this reason, a stormwater management plan (SWMP) is not required. The effectiveness of TruGrid as a permeable paving system is highly impacted by the thickness of the gravel sub-base, and is dependent on the removal of any existing impermeable material, such as asphalt or concrete. In order to confirm that the proposed paving system would be considered permeable, and therefore not require a SWMP, if approved, staff recommends the following proviso: Applicant shall submit a section detail of the proposed permeable paving system subject to the review of the City Planning Commission demonstrating that the design as proposed may be considered permeable. 1 The 1999 Land Use Plan presented a generalized indication of land uses, and was not lot-specific. ZD 073/16 5

6 E. What are the comments from the design review staff? Site Design The applicant has applied for a conditional use to permit a parking lot as a principal use in an HMC-2 Historic Marigny/Tremé/Bywater Commercial District and EC Enhancement Corridor Design Overlay District, on St. Bernard Ave near N. Villerie St. The municipal address is 1383 St. Bernard Ave. The site is comprised of two lots, together measuring approximately sixty seven feet (67 ) of street frontage on St. Bernard Ave. The total site area is approximately seven thousand, two hundred square foot (7,200 sf). The applicant is proposing to demolish the existing building and construct a new seventeen (17) space parking lot. The submitted plans indicate a new twenty one foot, four inch (24 4 ) curb cut to facilitate two-way access. The subject site is located within an EC Enhancement Corridor Design Overlay District. Article 18, Section EC Enhancement Corridor Design Overlay District states that the following additional approval standards shall be considered: 1. Development shall promote safe, convenient, and attractive pedestrian and bicycle access. 2. Compact neighborhood centers shall be created at major intersections to the ZD 073/16 6

7 extent possible in order to support transit. 3. Development shall ensure compatibility between commercial uses and surrounding residential areas. 4. The architectural design should be consistent with the context, character, scale and materials of structures in the adjacent areas. 5. Neon signage is prohibited on the interior or exterior of windows, other than an open sign. The parking lot as proposed does not meet standards 1, 3, or 4, in that the development does not promote pedestrian or bicycle access, it does not ensure compatibility between commercial and residential uses, and the design of the parking lot is inconsistent with the context, character, scale and materials of adjacent structures. In order to promote safe, convenient, and attractive pedestrian and bicycle access which is consistent with the character of the adjacent areas, the proposed development should include perimeter fencing. This fencing does not preclude the parking lot landscape requirements as stated in Article 23, Section To assure that the design meets the standards of the EC Enhancement Corridor Design Overlay District, if approved, staff recommends the following provisos: The applicant shall submit a revised parking lot site plan, subject to review and approval of the City Planning Commission staff, indicating seven foot (7 ) tall perimeter fencing. The portion of the fencing which faces St. Bernard Ave. should be secure as well as visually transparent, and be constructed of a combination of a two (2) to three (3) foot tall brick or brick veneer base, brick or brick veneer posts spaced every five (5) to eight (8) feet, and metal pickets between the posts. The remainder of the perimeter fencing between the proposed parking lot and the adjacent residential or commercial areas should be seven feet (7 ) tall, and constructed of opaque materials such as wood, brick, or brick veneer. Parking Lot Design Article 22 of the Comprehensive Zoning Ordinance requires that parking lot designs conform to certain specifications. As proposed, the parking lot does not meet all of the requirements for the design of off-street parking spaces. For example, the dimensions of the proposed parallel parking spaces is deficient by two feet, four inches (2 4 ) from the requirements of Article 22, Section 228.D. If approved, staff recommends the following proviso: The applicant shall submit a revised parking lot site plan subject to review and approval of the City Planning Commission staff, indicating compliance with all applicable standards of Article 22 of the Comprehensive Zoning Ordinance, including but not limited to: a) Dimensions of all parking stalls, sidewalks, driveways, wheel stops and curb cuts b) Lighting plan c) Location of litter receptacles ZD 073/16 7

8 Landscaping Article 23 of the Comprehensive Zoning Ordinance requires landscaping for the perimeter and interior of parking lots. The applicant has not provided a landscape plan. Article 23, Section 23.7.A Required Parking Lot Landscape states that an aboveground stormwater BMP is required in the interior or perimeter of all parking lots Article 23, Section 23.7.B Perimeter Parking Lot Landscape states that the portion of a parking lot that faces a public street must include a five foot (5 ) perimeter landscaped area Article 23, Section 23.7.C Interior Landscape states that one parking island must be provided for every ten parking spaces provided and that all rows of parking shall terminate in a landscaped area Article 23, Section 23.8 Buffer Landscape states that the portion of a parking lot which abuts a residential use must provide a ten foot (10 ) wide buffer landscaped area In addition to the above requirements, and as noted below, at the Planning Advisory Committee, the representatives of the Department of Parks and Parkways stated that the landscaping plan should be revised to include street trees. If the application is approved, it should be subject to the following proviso: The applicant shall submit a revised parking lot site plan, prepared by a licensed Louisiana landscape architect and subject to review and approval of the City Planning Commission staff, indicating compliance with all applicable standards of Article 23, including but not limited to the following: a) Compliance with all applicable landscape requirements for parking lots b) The genus, species, size, location, quantity, and irrigation of all proposed plant materials within both the site and the street right-of-way adjacent to the site, with applicable remarks and details; and c) Approval from the staff of the Department of Parks and Parkways of all street trees planted within the public right-of-way adjacent to the petitioned site. Signage No proposed signage has been submitted to date as part of this request. Pursuant to Article 24, signage is permitted in order to identify the name of the development and address. To ensure signage complies with the regulations outlined in the Comprehensive Zoning Ordinance, the staff recommends the following proviso: All proposed signage shall be in compliance with the standards as set forth in Article 24 of the Comprehensive Zoning Ordinance, subject to the review and approval of the City Planning Commission. ZD 073/16 8

9 Lighting No lighting plan has been submitted as part of this application. Lighting is subject to the on-site development standards found in Article 21, Section 21.5 Exterior Lighting, and should comply with the approval standards of the EC Enhancement Corridor Design Overlay District found in Article 18, Section If approved, staff recommends the following proviso: Applicant shall submit a lighting plan which includes parking lot lighting for the interior of the parking lot and pedestrian lighting for both the internal pedestrian area and the sidewalk, and which demonstrates compliance with Article 21, Section 21.5 Exterior Lighting. Environmental Standards The proposed conditional use meets all environmental performance standards listed in Article 21, Section These standards either do not apply to the nature of the proposed use (noise, vibration, dust and air pollution, regulated materials, proper drainage, fire and explosion hazards), or will be addressed by the recommended provisos listed in this report (litter control). Use Standards Parking lots (principal use) are subject to use standards found in Article 20, Section 20.3.OO.2. These are operational standards which regulate the manner in which the parking lot is used. If approved, staff recommends the following proviso: The parking lot shall operate in accordance with the standards listed in Article 20, Section 20.3.OO.2: a) The parking lot shall be used solely for the parking of passenger vehicles for periods of less than one (1) day and cannot be used as an off-street loading area. b) No sale, display, repair, or service of any kind is permitted in any parking lot. c) No buildings other than those for shelter of attendants or payment kiosks are permitted in a parking lot. The allowable shelters shall not exceed ten (10) feet in height and fifty (50) square feet in area. d) The parking lot shall be kept free from refuse and debris. All landscape shall be maintained in a healthy growing condition. 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 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 ZD 073/16 9

10 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 is currently vacant and is located in a commercial district abutting a residential area at the intersection of St. Bernard Ave. and North Villerie St. in the New Marigny/ 7 th Ward neighborhood. St. Bernard Ave. is a two-way street with a bike lane, on-street parking, and sidewalks on either side of the street. St. Bernard Ave. is considered a key arterial and is well connected to the remainder of the street grid. St. Bernard Ave. experiences light traffic, and the development of this site as a parking lot will not cause an increase in traffic. For these reasons, the staff does not see any traffic impact as a result of the development of a parking lot at this site. Parking According to Article 22, Section 22.4.A (Table 22-1), there is not a minimum or maximum number of parking spaces, handicapped spaces, or bicycle parking spaces that a parking lot (principal use) must provide. As proposed, the applicant has indicated seventeen (17) regular parking spaces, and zero (0) handicapped parking spaces or bicycle spaces. Loading No off-street loading spaces exist or are proposed for the site. Article 22, Section 22.7 regulates off-street loading spaces. Because there is no floor area associated with this proposal, there are no required loading spaces for parking lots (principal use). G. What effects/impacts would the proposed conditional use have on adjacent properties? The CPC staff believes that the new parking lot would generate a moderate increase in the levels of activity, noise, or litter in the surrounding areas and would therefore negatively impact the adjacent properties, particularly residential properties. The greater impact is to preserve an un-developed, auto-oriented void in an otherwise dense, walkable, urban environment. H. What are the comments from other agencies/departments/committees? ZD 073/16 10

11 Planning Advisory Committee The proposal was considered at the Planning Advisory Committee meeting on July 6, Concerns were raised by the Department of Public Works regarding the proposed driveway and sidewalk dimensions, as well as the Department of Parks and Parkways regarding a site plan that was errantly submitted, as well as the inclusion of street trees. The Committee passed a motion of no objection to the request subject to further review by the City Planning Commission, the Department of Parks and Parkways, and the Department of Public Works. I. Compliance with approval standards The City Planning Commission recommendation and the City Council decision on applications for a conditional use shall, on the basis of all information submitted, evaluate the impact of the conditional use on and the compatibility of the use with surrounding properties and neighborhoods to ensure the appropriateness of the use at a particular location. The Commission and Council are required to specifically consider the extent to which the proposed use meets the approval standards contained in Article 4, Section 4.3.F Approval Standards of the Comprehensive Zoning Ordinance. In this section, the staff evaluates the application using those standards. The proposed use at the specified location is not in conflict with the policies embodied in the adopted Master Plan. This standard is met. The proposal is not addressed by 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 Mixed-Use Historic Core. The goal, range of uses, and development character for that designation are copied below: MIXED-USE HISTORIC CORE Goal: Increase convenience and walkability for neighborhood residents and visitors within and along edges of historic core neighborhoods. Range of Uses: A mixture of residential, neighborhood business, and visitor-oriented businesses. Uses may be combined horizontally or vertically, and some structures may require ground floor retail with residence or offices on upper floors. In some areas where current or former industrial use is verified, existing buildings may be appropriate for craft and value added industry. Development Character: The density, height, and mass of new development will be consistent with the character and tout ensemble of the surrounding historic neighborhood. Appropriate transitions will be provided to surrounding residential areas. ZD 073/16 11

12 The overall intent of the mixed Use Historic Core designation is to encourage a variety of uses that are attractive to neighborhood residents and visitors, as well as a development character which is consistent with and complimentary to the historic nature of the neighborhood. The proposed use would allow the existing vacant lots to be used as a parking lot. There may be some instances where parking as a principal use would be allowable, or even, depending on the design, beneficial in a commercial corridor, however, this use is not specifically addressed by the master plan. In this case, the proposed parking lot does not directly interfere with the Master Plan. The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations. This standard is not met. The HMC-2 Historic Marigny/Tremé/Bywater Commercial District is intended to permit more intensive commercial uses than the HMC-1 District, yet protect the historic character of the Marigny/Tremé/Bywater area. The proposed use as a parking lot does not protect the historic character of the Marigny/Treme/Bywater area. The proposed use meets all standards specifically applicable to the use as set forth in Article 20 and all environmental performance standards of Section The applicant has proposed that the site would be used as a parking lot. Article 20, Section 20.3.OO puts forth standards applicable to parking lot (principal use). These are operational standards, and if the proviso mentioned above, which requires compliance with these operation standards if approved, this standard will be met. Article 21, Section 21.3 sets forth Environmental Performance Standards which are not applicable to this use. 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 applicant is proposing to use the subject site as a gravel parking lot. A gravel nonaccessory parking lot does not preserve the character or integrity of this mixed use commercial district. Due to the auto-oriented nature of the development, the lack of a principal use with a street façade, and the lack of adequate lighting, parking lots as a principal use do not promote the pedestrian character of the existing neighborhood or adjacent developments. As proposed, the site does not meet the standards for parking lots in either Article 22 or Article 23, and does not include improvements or modifications either on-site or in the right-of-way to mitigate any adverse impacts. While compliance with the above stated provisos may bring the proposed parking lot into compliance with this standard, as currently proposed, this standard is not met. Any variance of zoning standards meets the approval standards of Section 4.6.F. ZD 073/16 12

13 If the proposal is approved in conjunction with all of the provisos listed above, the requested conditional use will not necessitate any variance of zoning standards. The proposed use is not materially detrimental to the public health, safety, and welfare, or results in material damage or prejudice to other property in the vicinity. The proposed use will allow the development of a parking lot. The proposed use would not directly impair the public welfare, although it would degrade the urban environment. IV. SUMMARY This is a request for a Conditional Use to permit a parking lot as a principal use in an HMC- 2 Historic Marigny/Tremé/Bywater Commercial District, RDO-2 Residential Diversity Overlay District, AC-1 Arts and Culture Diversity Overlay District and EC Enhancement Corridor Design Overlay District. The applicant is proposing to construct a seven thousand, two hundred square foot (7,200 sf), seventeen (17) space parking lot over the entirety of Lots 4 and 5. The applicant is proposing to use a permeable paving system called TruGrid, which the applicant asserts would bring this development below the impervious threshold of 5,000 square foot that would require a Stormwater Management Plan. This use is a conditional use in the HMC-2 Historic Marigny/Tremé/Bywater Commercial District. The proposed parking lot on this site is not an appropriate use of the commercially zoned site and does not meet all of the relevant approval standards. It is not supported by the master plan, and is inconsistent with the intent of the HMC-2 District. V. PRELIMINARY STAFF RECOMMENDATION 2 The staff recommends DEFERRAL of Zoning Docket 073/16, a request for a Conditional Use to permit a parking lot as a principal use in an HMC-2 Historic Marigny/Tremé/Bywater Commercial District. VI. REASONS FOR RECOMMENDATION 1. For the proposed land use to be considered approvable, it would need to comply with applicable design guidelines and approval standards. As presented, the plans do not demonstrate compliance with above referenced standards. Staff recommends deferral to allow applicant additional time to provide plans which comply with necessary regulations. 2 Subject to modification by the City Planning Commission ZD 073/16 13

14 City of New Orleans Property Viewer July 12, 2016 Override 1 1:4, mi km

15

16 LOT.4-5 SQ THIRD DISTRICT ORLEANS PARISH, LA # N 1 PROPOSED PLOT PLAN

17

18

19

20

21