CITY PLANNING COMMISSION

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1 CITY PLANNING COMMISSION TO: HONORABLE CITY COUNCIL FROM: CITY PLANNING COMMISSION DATE: FEBRUARY 19, 2018 SUBJECT: REPORT AND RECOMMENDATION OF THE CITY PLANNING COMMISSION Ladies and Gentlemen: Attached hereto are: 1) Report and Recommendation of the City Planning Commission from its meeting of Tuesday, February 6, 2018 and 2) Documents filed in relation to the zoning petition. The recommendation of the Commission is described briefly below: Zoning Docket # 107/17 Applicant: Request: Location: CPC Deadline: CC Deadline: Councilmember: Recommendation: River Street Ventures, LLC Request for a conditional use to permit height and density bonuses for a multi-family residential dwelling in an MU-2 High Intensity Mixed-Use District and an RIV Riverfront Design Overlay District and the rescission of Ordinance Nos. 9,367 MCS and 10,144 MCS (Zoning Docket 038/83). Square 216, Lots 1-A and 20-A or Lots 1-8, 13-18, 20, B, and Pts. Lot 13, 14, and 19, and on Square 217, Lot A-1 or A, in the Fifth Municipal District, bounded by Brooklyn Avenue, Socrates and De Armas Streets, and the Mississippi River Protection Levee and River Street. The municipal addresses are Lamarque Street, 1239 Brooklyn Avenue, and 1316 River Street. (PD 12) 01/13/18; extended to 02/12/18 pursuant to the Home Rule Charter 60 days from receipt Ramsey NO LEGAL MAJORITY REASONS FOR RECOMMENDATION 1. The Commissioners who voted in support of the motion believed the standards of the MU-2 High Intensity Mixed Use District and the RIV Riverfront Design Overlay District had been met in order to receive the development bonus provisions as outlined in the CZO. In addition, these commissioners believed that the proposal

2 would provide needed residential units and a commercial component that may spur additional investment in the area. 2. The Commissioners who voted against the motion believed the neighbors concerns, particularly their concern that the development would be too massive, would change the character of the neighborhood, and create additional traffic and parking congestion while blocking residents access to the Mississippi River.

3 CITY PLANNING COMMISSION CITY OF NEW ORLEANS MITCHELL J. LANDRIEU MAYOR ROBERT D. RIVERS EXECUTIVE DIRECTOR LESLIE T. ALLEY DEPUTY DIRECTOR City Planning Commission Staff Report Zoning Docket: 107/17 Executive Summary Applicant: Request: Location: River Street Ventures, LLC This is a request for a Conditional Use to permit height and density bonuses for a multi-family residential dwelling in an MU-2 High Intensity Mixed-Use District and an RIV Riverfront Design Overlay District and the rescission of Ordinance Nos. 9,367 MCS and 10,144 MCS (Zoning Docket 038/83) Lamarque Street Summary of Proposal: Zoning Docket 107/17 is a request for a Conditional Use to permit height and density bonuses for a multi-family residential development in an MU-2 High Intensity Mixed-Use District and an RIV Riverfront Design Overlay District. The request also seeks the rescission of Ordinance Nos. 9,367 M.C.S. and 10,144 M.C.S. (Zoning Docket 038/83). The applicant proposes the construction of a mixed-development on an approximately 3.4 acre site adjacent to the Mississippi River Levee between De Armas and Socrates Streets. The site, which consists of three lots on two squares, is currently vacant of any structures. The applicant proposes to develop the three lots, with a site area of approximately 134,177 square feet, with four outer connected eight-story buildings. The proposal includes five commercial areas of square feet, 2,505 square feet, 3,383 square feet, 7,789 square feet, and 7,237 square feet for the ground floor while residential units would be located on levels 2-8. The buildings would be constructed with internal parking garages on the ground and second levels to serve the ground floor commercial spaces and upper floor residential units. The applicant proposes to feature design components in the development that would enable the bonus height and density provided for in the RIV Riverfront Design Overlay District within Article 18, Section of the Comprehensive Zoning Ordinance. With this increase in buildable area the applicant is proposing to construct a total of 354 dwelling units, which includes 35 units provided at the 80% Area Median Income (AMI) level, and a building height of 81 feet 8 inches. This site is also subject to existing ordinances that authorized passenger terminals and structures for an aerial river crossing on certain portions of this site (two areas ZD 107/17 1

4 on the site s two lots on Square 216), which permitted the Mississippi Aerial River Transit (MART) gondola erected for the 1984 Louisiana World Exposition. The structures are no longer on the site and are no longer needed. Therefore, Ordinance No. 9,367 M.C.S. and Ordinance No. 10,144 M.C.S. (Zoning Docket 038/83) will need to be rescinded. Further Consideration (January 30, 2018) This proposal was deferred at the November 14, 2017 and December 12, 2017 City Planning Commission meetings to allow the developer additional time to meet with the site s neighbors, make changes to the building and site design based on comments made by the Design Advisory Committee (DAC), Planning Advisory Committee (PAC), neighborhood residents and also obtain the necessary documentation and approvals for the applicant s proposed use of the public rights-of-way. At the January 9, 2018 City Planning Commission meeting, the applicant proposed an additional modification to the plans which included design changes and an adjustment in the unit and parking counts and an addition of an on-site plaza for public access on the levee side of the site. The applicant intends to continue to pursue the approvals for the use of Lamarque Street as an additional plaza, but the on-site plaza is intended to satisfy the requirements for receiving height and density bonus provisions as specified in Article 18, Section G. of the Comprehensive Zoning Ordinance. After a lengthy discussion between the Commission members, members of the community, and the applicant and his representatives, the applicant requested that the proposal be deferred to allow staff the opportunity to review the latest proposal. The Commission unanimously agreed to defer consideration and passed a motion specifying that the Director of Safety and Permits make a determination as to whether the on-site plaza area satisfies the criteria set forth in Article 18, Section G. and that a complete set of plans for staff review be submitted by Friday, January 12, 2018 by 5:00pm. Since then, the applicant submitted partial plans to staff on January 12 th and the revised proposal was placed on the January 17 th DAC Agenda. Due to the closing of City Hall January 17-19, the proposal was heard by the DAC at a specially scheduled meeting on January 24 th. The staff received a full set of plans on January 23, This staff report considers the amended proposal and considers compliance with the requirements of the CZO. Director of Safety and Permits Interpretation An interpretation from the Director of the Department of Safety and Permits as to whether the public open space proposed for the site fulfills the bonus requirements of the Riverfront Design Overlay District as outlined in Article 18, Section G of the CZO was obtained by staff in a meeting with the Director of the Department of Safety and Permits on January 29, In a prior determination, the Director determined that the public plaza area must be located on private property to be considered for one of the Riverfront Design Overlay District s eligibility requirements for the height and density bonus. The current proposed location would be on the applicant s property, which resolves the ZD 107/17 2

5 previous concern. The Director of the Department of Safety and Permits stated that in order for the applicant to comply with the requirement that the public plaza provide direct visual access to the riverfront, the applicant must provide a pedestrian connection from De Armas Street to both the public plaza and a connection to the riverfront path. Meeting the intent of the CZO and proper approvals As mentioned, the applicant is applying for the bonus provisions of the Riverfront Design Overlay District as outlined in Article 18, Section G of the CZO, which allows additional height and eliminates the minimum lot area requirement for the provision of all of the following three design standards: 1. Landscaped public open space, public plaza, and/or sidewalk/open air cafes with direct visual access to the River; 2. Utilization of energy efficient design to achieve a recognized green building certification, such as LEED, or other similar certification; 3. At least 10% of dwelling units reserved as affordable for households with incomes equal to or below 80% of the Area Medium Income, with at least 50% of the units containing 2 or more bedrooms. The site is located within an MU-2 Mixed-Use High-Intensity District, which limits height to 85 feet and seven-stories and requires a minimum lot area of 800 square feet per dwelling unit. In this case the site is 134,177 square feet and would allow 168 dwelling units. The applicant is proposing to utilize the bonuses while providing the design standards to add an additional floor and provide 354 dwelling units, which is an additional 186 dwelling units, with 35 of the units reserved as affordable. This review contemplates the requirements of the MU-2 District, the Riverfront Design Overlay District, and standards of the CZO. The staff believes the incorporation of the proposed mixed-use development at this site will provide additional housing units, including affordable housing units, to an area of the city that is currently underutilized and is in close proximity to employment sectors, including the CBD, Algiers Point, Uptown, and the Vieux Carre. The requirement to provide an on-site open space/public plaza will offer area residents an opportunity to access and enjoy the Mississippi River while people walking or biking along the levee will also have access to the public space. The development would generate an increase in traffic as a result of the conversion of the site s previous use as low-intensity industrial structures to a dense residential development with more than 20,000 square feet of commercial space. The proposal calls for adequate off-street vehicle parking in on-site parking garages and should accommodate increased parking demand. However, the staff believes that should the Department of Public Works determine that a Traffic Impact Analysis is necessary to accommodate the added traffic and circulation around the development, the applicant will be required to provide one. Currently, there are very few commercial establishments in this mixed-use designated area, for this reason the staff believes the addition of the proposed commercial spaces will provide employment opportunities to area residents and could also encourage ZD 107/17 3

6 Recommendation: more economic development in the area. For these reasons, the staff is supportive of the request. The staff recommends approval of Zoning Docket 107/17 subject to thirty-six (36) provisos. Reasons for Recommendation: 1. The incorporation of the proposed mixed-use development at this site will provide additional housing units, including affordable housing units, and a commercial component to an area that has been largely underutilized for several years, 2. The recommended provisos will mitigate any adverse effects in terms of traffic circulation, trash, lighting, landscaping 3. As proposed, the provision of a public plaza for use by surrounding neighborhood residents will provide an outdoor space with close proximity to the river that would not otherwise be provided. 4. The proposal, with the noted provisos, would meet the applicable approval standards per Article 4, Section 4.4.G of the Comprehensive Zoning Ordinance, and would be consistent with Master Plan. ZD 107/17 4

7 City Planning Commission Meeting CPC Deadline: 01/13/ Tuesday, February 6, 2018 CC Deadline: 60 days from receipt Council District: C-Ramsey Zoning Docket: 107/17 STAFF REPORT To: City Planning Commission From: Robert Rivers, Executive Director Stephen Kroll, Principal City Planner Prepared by: Kelly Butler and Larry Massey Date: February 7, 2018 I. GENERAL INFORMATION Applicant: Request: River Street Ventures, LLC This is a request by for a Conditional Use to permit height and density bonuses for a multi-family residential dwelling in an MU-2 High Intensity Mixed-Use District and an RIV Riverfront Design Overlay District and the rescission of Ordinance Nos. 9,367 MCS and 10,144 MCS (Zoning Docket 038/83). Location: The property is located on Square 216, Lots 1-A and 20-A or Lots 1-8, 13-18, 20, B, and Pts. Lot 13, 14, and 19, and on Square 217, Lot A-1 or A, in the Fifth Municipal District, bounded by Brooklyn Avenue, Socrates and De Armas Streets, and the Mississippi River Protection Levee and River Street. The municipal addresses are Lamarque Street, 1239 Brooklyn Avenue, and 1316 River Street. (PD 12) Description: This application considers a proposal for a development site located in an MU-2 High-Intensity Mixed-Use District and an RIV Riverfront Design Overlay District consisting of three lots on Squares 216 and 217, bounded by Brooklyn Avenue, Socrates Street, the Mississippi River Protection Levee and River Street, and De Armas Street in the Algiers neighborhood. Square 216 contains Lots 20-A and 1- A, which has frontage on Brooklyn Avenue, De Armas Street and Lamarque Street and are currently undeveloped. Lots 20-A and 1-A combine to contain an area of 78,754 square feet, and measure a width of feet along Brooklyn Avenue, depth of along Lamarque Street and along De Armas 1 This is the 60 day deadline for City Planning Commission action pursuant to Article 4, Section 4.3.D.3 of the Comprehensive Zoning Ordinance. In accordance with the Home Rule Charter, the City Planning Commission deadline is 90 days. ZD 107/17 5

8 Street, and a total width of feet adjacent to and including a portion of the Mississippi River Levee. The subject property on Square 217 contains Lot A-1, which has frontage on Brooklyn Avenue, Socrates, the Mississippi River Levee and River Street and Lamarque Street. The site is currently undeveloped and contains a large concreate pad that gives access to the railroad line along Brooklyn Avenue. Lot A-1 contains a total area of 55, square feet, of frontage of along Brooklyn Avenue, a depth of 193 feet along Socrates Street and feet along Lamarque Street, and a width of adjacent to the Mississippi River levee. Figure 1. Aerial View of Subject Site The applicant proposes to develop the site with four eight-story mixed use buildings, Buildings A, B, C, and D, which would contain pool, patio, and seating areas linked by a pedestrian walkway across a portion of Lamarque Street. The proposal includes five commercial areas of 1,372 square feet, 2,505 square feet, 3,383 square feet, 7,789 square feet, and 7,237 square feet on the ground floor while residential units would be located on levels 2-8. The buildings would be constructed with internal parking garages on the ground and second floors to serve the ground floor commercial spaces and upper floor residential units. The applicant proposes to feature design components in the development that would enable the bonus height and density provided for in the RIV Riverfront Design Overlay District within Article 18, Section of the Comprehensive Zoning Ordinance. With this increase in buildable area the applicant is proposing to construct a total of 354 dwelling units, which includes 35 units provided at the 80% Area Median Income (AMI) level, and a building height of 81 feet 8 inches. Also, Ordinance Nos. 9,367 MCS and 10,144 MCS (Zoning Docket 038/83) are existing ordinances that authorized the previous development of passenger terminals and appurtenant structures for an Aerial River Crossing as part of the ZD 107/17 6

9 1984 World s Fair. The structures have since been removed and the conditional uses are no longer needed to allow this use. Therefore, both ordinances will need to be rescinded. Figure 2. Proposed building design approved by the DAC on 1/23/2018 Why is City Planning Commission action required? Article 18, Section RIV Riverfront Design Overlay District of the CZO states that requests for height and density bonuses pursuant to Section G Riverfront Gateway Design Standards and Height Limit Increases Overlay District shall be considered and approved as a Conditional Use. 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 subject site is located on Squares 216 and 217 in an MU-2 District. The MU-2 District contains the properties located on the squares between Pelican Avenue and Socrates Street adjacent to the levee. An HU-MU Historic Urban Mixed Use District abuts the MU-2 District and includes squares adjacent to the MU-2 District and includes the Opelousas Avenue and Newton Street corridors. A large HU-RD2 Historic Urban Two Family Residential District is applied to the majority of the properties in Algiers. There are several scattered OS-N Neighborhood Open Space and HU-B1A Historic Urban Neighborhood Business Districts in proximity to the subject site. A large LI Light Industrial area containing approximately seven (7) squares is located to the south east of the subject site and contains a Sewerage and Water Board pumping station and a GE Electric utility company. ZD 107/17 7

10 Figure 3. Zoning of the Surrounding Area The development would be located on two Squares, 216 and 217. Located on Square 216 are the subject site (two vacant lots) covered with grass and concrete, and four vacant lots owned by Entergy. Located on Square 217 are the subject site and five additional vacant lots owned by various owners. The majority of the properties in this MU-2 District are undeveloped except for the sites occupied by Mardi Gras World and the New Orleans Film Studio. Some of the squares in this MU-2 District are made up of very large lots where two or three lots make up the entire square while others are comprised of numerous lots many of which are irregularly shaped. The adjacent HU-MU District includes a mix of single- and two-family shotgun, creole cottage, and arts and crafts style residential structures that were constructed in the early 20 th century. There are also several religious structures, cemeteries, food stores, auto service stations, and other neighborhood service oriented commercial uses. Beyond the HU-MU District is the aforementioned HU-RD2 District that is comprised of mostly single- and two-family residential structures with interspersed HU-B1A Districts containing smaller, pedestrianoriented commercial uses within structures dating from the early 20th Century on small lots. B. What is the zoning and land use history of the site? Zoning: L Unrestricted District J Light Industrial District C-2 General Commercial District (prior to 8/12/2015) C-2 General Commercial District Current- MU-2 High Intensity Mixed Use District ZD 107/17 8

11 Land Use: Industrial and Commercial Heavy Industrial and Single- & Two-Family Residential Industrial/Vacant Industrial 2 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 relevant zoning actions requested for properties located within 1,800 feet (approximately five blocks) from the parcel s periphery. D. What are the comments from the design review staff? Existing Condition The subject sites are located along Brooklyn Avenue between Socrates and De Armas Streets, and consist of three lots on two squares, Squares 216 and 217. Square 216 contains Lots 20-A and 1-A, which have frontage on Brooklyn Avenue, De Armas Street and Lamarque Street. Lot 1-A is currently vacant after the demolition 3 of a single-story warehouse that was accessed from De Armas and Lamarque Streets. Lot 20-A is currently undeveloped. Lots 20-A and 1-A combine to contain an area of 78, square feet, and measure a width of feet along Brooklyn Avenue, depths of along Lamarque Street and along De Armas Street, and a total width of feet adjacent to and including a portion of the Mississippi River levee. The subject property on Square 217 is A-1, which, until it was also recently demolished, was developed with a one-story L-shaped warehouse that had vehicular access from Socrates and Lamarque Streets, and concrete pads that provided access to the railroad line along Brooklyn Avenue. Lot A-1 contains a total area of 55, square feet, of frontage of along Brooklyn Avenue, a depth of 193 feet along Socrates Street and feet along Lamarque Street, and a width of adjacent to the Mississippi River levee. Proposal The applicant is proposing to develop each square with two mixed-use buildings with central parking garages. The property is located in an MU-2 District, which includes bulk and yard requirements in Article 15, Section 15.3.A.1 (Table 15-2), and also contains specific design standards located in Article 15, Section 15.3.B. The property is also within the Riverfront Design Overlay District which also has design requirements located in Article 18, Section F and contains eight standards for development along the landside of the levee: 2 The 1999 Land Use Plan presented a generalized indication of land uses, but was not lot-specific. 3 Demolition permit number DEMO approved by Motion M ZD 107/17 9

12 1. Buildings shall be built along the lot lines along the major access corridors. 2. Pedestrian and main entrances shall be located on the major corridor. Curb cuts should be located on the side streets, if possible. 3. Except for single-family and two-family dwellings, buildings shall contain ground floor non-residential uses. 4. Building façades shall contain variation in façade materials, offsets, fenestration, etc. in order to eliminate blank walls along the corridors. 5. Developments shall contribute to traffic signaling or lane striping if deemed necessary by the Director of the Department of Public Works. 6. Buildings shall be designed with galleries, awnings, canopies, and other weather protection devices. 7. Historic buildings shall be retained and reused to the greatest extent possible. 8. To the greatest extent possible, site and building design under this Section should be crafted so as to complement the design of the adjacent structures. The applicant is also applying for the bonus provisions of the Riverfront Design Overlay District in Article 18, Section G in order to be able to gain additional development rights than are provided for in the sites underlying MU-2 District. With this increase in buildable area the applicant is proposing to construct a total of 354 dwelling units at a building height of 81 feet 8 inches. The proposal also includes 5 retail spaces ranging in area between 2,599 and 7,981 square feet. The following analysis will evaluate this proposal against these standards in the CZO. Site Design The proposed development covers most Squares 216 and 217, and each square has two buildings and a parking deck associated with it. The development would be unified by a proposed public plaza along the 200 block of Lamarque Street. Figure 4: Site Layout ZD 107/17 10

13 The graphic above shows the general layout of the proposed development as it will be referenced throughout this report. Buildings A and C both have frontage along Brooklyn Avenue and Buildings B and D are set back between 90 feet and 138 feet from Brooklyn Avenue and have frontage on the proposed public plaza and De Armas Street, respectively. Building A is setback 4 feet and 1 inch from its Brooklyn Avenue lot line, and has no setback from Socrates Street or from the property line abutting the Mississippi River levee. Building B is set back 7 feet from Lamarque Street and has no setback from the property line abutting the Mississippi River levee. Building C is proposed to be set back 5 feet from Brooklyn Avenue, 5 feet 5 inches from Lamarque Street, and 7 feet 11 inches from the De Armas Street lot line. Building D is located on Lot A-1, which includes a portion of the Mississippi River levee beyond the toe of the levee and a small portion of the levee path. Building D is located approximately 16 feet 6 inches from the toe of the levee. Setback requirements The MU-2 High Intensity Mixed-Use District does not have required setbacks for nonresidential buildings, unless adjacent to a residential district. Therefore no setbacks are required on this site. Additionally, one of the requirements of Article 18, Section F requires that buildings be built along the lot lines along major access corridors. Buildings A and C are currently set back from Brooklyn Avenue 4 feet 1 inch and 5 feet, respectively. The definition of gross floor area in Article 26, Section 26.6 states that the calculation of GFA includes covered or uncovered patios for commercial uses. The staff believes that the proposed canopies above the commercial uses along Brooklyn Avenue provide such a space, and as such believe the current design accomplishes the goals of that provision. Permeable open space The MU-2 District also requires a minimum 20 percent permeable open space on lots. Minimum permeable open space is defined as areas of a lot unobstructed at grade level upward and substantially covered with grass, live groundcover, shrubs, plants, trees, or permeable outdoor hardscape features or amenities. Permeable open space was proposed for Squares 216 and 217 at 15 percent and 5 percent of the sites, respectively. The applicant has stated that they believe that Square 216 complies with the 20 percent permeable open space requirement, but have not provided evidence of this. The staff, in its calculations, could not confirm that Square 216 would comply with this requirement and thus evaluated both squares for waivers of this requirement. Pursuant to Article 4, Section 4.3.E of the Comprehensive Zoning Ordinance, waivers granted as a condition to a Conditional Use permit are subject to the approval standards of Article 4, Section 4.6.F. The staff has reviewed the waiver request, and has provided the analysis according to the approval standards below: Special conditions and circumstances exist that are peculiar to the land or structure involved and are not generally applicable to other lands or structures in the same zoning district. This standard is not met. The subject properties are vacant sites containing 55,423 and 78,725 square feet in area. The sites are large, vacant parcels that could be designed in a manner in which they provide the required permeable open ZD 107/17 11

14 space. There is no special condition or circumstance that exist on these properties that would preclude their ability to meet the permeable open space requirements of the CZO. Literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance. This standard is not met. The riverside of Brooklyn Avenue is a mixture of warehouse structures and vacant lots or open space related to adjacent warehouse structures. Some warehouses, including the previously demolished structure located on Square 217, occupy the majority of the lots on which they are located. Though some of the existing and former structures in this MU-2 District appear to occupy most or all of their sites, these sites were not developed under the current zoning ordinance and therefore are not comparable to the subject property. To the extent that these existing properties do not provide the required permeable open space, it is presumably a function of the area s former industrial zoning, and are not representative of the development requirements of the MU-2 District or indicative of a trend of waivers for the permeable open space requirement in this district. If these sites were to be redeveloped, they would also be held to the standards in MU-2 District. The special conditions and circumstances do not result from the actions of the applicant or any other person who may have had an interest in the property. The standard is not met. The deficiency of permeable open space in the proposed plans is a result of the applicant designing the site in a manner that does not comply with that requirement. Granting the variance requested will not confer on the applicant any special privilege which is denied by this Ordinance to other lands or structures in the same district or similarly situated. This standard is not met. The granting of a variance for the minimum permeable open space of these properties would grant the applicant a special privilege because it would further increase the buildable area of these properties. The Riverfront Design Overlay District provides a mechanism for property owners to gain additional buildable areas through the exchange of design and public benefit components. Granting a waiver for to the permeable open space requirement in addition to the Riverfront Design Overlay District s bonus provisions would essentially confer on the applicant the special privilege of an additional density bonus, but in a manner that would be without additional public benefit and would not be consistent with the vision for development in this district. The variance, if granted, will not alter the essential character of the locality. This standard is not met. With the introduction of the new Comprehensive Zoning Ordinance and the creation of the Riverfront Design Overlay District, these areas were purposefully designated with these districts to establish a certain development pattern and quality design along the riverfront. This is the first ZD 107/17 12

15 major redevelopment project along this portion of the riverfront, and should provide a character that is emblematic of the vision for this riverfront area. The granting of this variance would not contribute to the essential character of the locality because it would allow a lot coverage that was not intended for new development in this area. Strict adherence to the regulation by the property would result in a demonstrable hardship upon the owner, as distinguished from mere inconvenience. This standard is not met. These are large, vacant properties that present no hardship in terms of providing permeable open space in their design. The request for the variance is not based primarily upon a desire to serve the convenience or profit of the property owner or other interested party(s). This standard is not met. The request is based on the convenience or profit of the property owner. The waiver of permeable open space would allow greater development of the site in addition to the bonus applied for through the Riverfront Design Overlay District. The properties do not present conditions that would prevent them from being designed to accommodate the required permeable open space. The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. This standard is not met. The majority of area that could be reserved for permeable open space would be occupied by impervious surfaces. This would lessen the site s ability to absorb rainwater into the ground and could potentially contribute to the over-burdening the stormwater drainage system if developed as proposed. The proposed variance will not impair an adequate supply of light and air to adjacent property, increase substantially the congestion in the public street, increase the danger of fire, or endanger the public safety. This standard is not met. The lack of permeable open would also result in more space on the site being developed with a structure. In this case, it would be buildings of up to 82 feet in height which could impair the adequate supply of light when compared to a situation where the open space is provided as required. Based upon the analysis above, none of the standards for variances are met. The staff recommends DENIAL of the waiver of the minimum permeable open space requirement in Article 15, Section 15.3.A.1 (Table 15-2) of the Comprehensive Zoning Ordinance. The staff recommends the following proviso: The applicant shall revise the proposed plans to comply with the 20% minimum permeable open space requirement of Article 15, Section 15.3.A.1 (Table 15-2). Any design changes to the site will require approval of the Design Advisory Committee. ZD 107/17 13

16 Building Design Height and floor area ratio The building façade has experienced numerous revisions since this application was originally submitted. In the original proposal, all four buildings had eight stories and a height of 99 feet 2 inches. This height was slightly increased to 102 feet in a subsequent iteration, then lowered to the current proposed height of 81 feet 8 inches, with six stories at the Brooklyn Avenue frontage and a step back of just over 25 feet before rising to eight stories. The MU-2 District allows a maximum height of 85 feet and 7 stories. The MU-2 District has no Floor Area Ratio requirement. The bonus provisions of Article 18, Section G allow two additional stories above the base zoning district, an additional Floor Area Ratio of 1.5, and the elimination of the lot area per dwelling unit requirement of the underlying zoning district. The bonus would allow this property to have a height of 110 feet and 9 stories. The current proposal is within those bonus allowances. The applicant stated that the decision to incorporate this step back on the buildings Brooklyn Avenue frontage and the reduction in height was in response to the concerns of the adjacent neighborhood to that the structure s mass was out of scale with the neighborhood. Though the buildings height have been significantly reduced, the total number of stories has remained eight. This was accomplished by reducing the ceiling height of the ground floor commercial units by 5 feet 6 inches and the ceiling height of each of the upper floor by nearly one foot. The typical ceiling height for the upper floors is now 9 feet 6 inches. Design, color, and materials The building façade has also been through a substantial transformation from the original proposal. The original proposal incorporated a variety of colors at the corners of each building that extended vertically along the buildings edge. The building materials for the first two stories of each building were originally cement plaster and the upper floors were to be cladded with metal panel systems. The architect for the project stated that the metal panels were chosen as a nod to the industrial past of the riverfront. The Design Advisory Committee (DAC) commented numerous times that the applicant should explore different ways to apply color to the buildings. ZD 107/17 14

17 Figure 5: Original Submission (Top) and Current Proposal with major changes (Bottom) Most recently, the applicant proposes that the ground floor and second floor be red brick and the upper floors white stucco. At its January 24, 2018 special meeting, the DAC meeting, the Committee requested that the applicant apply a color other than red on the bottom two floors. The Committee also stated that the red brick does not read well with the white on the uppers floors and that a color closer to white should be used instead. The staff believes that the alternative to the red brick could resolve this issue. The staff suggests the following proviso: The applicant shall not use red brick on the bottom two floors of any of the buildings in the proposed development. A color brick or other material shall be selected that also compliments the material and color of the upper floors. This shall be reviewed and approved by the City Planning Commission staff. Other alterations to the building design have been applied to try to provide variation to the facades, as required by Article 18, Section F of the Comprehensive Zoning Ordinance. At its October 25, 2017 meeting, the DAC discussed at length the facades of the proposed buildings, including the materials, size of windows, and how color is applied. Generally, the DAC stressed that Article 15, Section 15.3.B and Article 18, Section F of the Comprehensive Zoning Ordinance require that facades include architectural features to avoid the appearance of blank walls facing the street, including changes in wall plane of at least six inches, changes in wall texture or masonry patterns, colonnade, columns, or pilasters. The Committee has since acknowledged that some of these elements have been incorporated into the design, but that it would like to see more balconies and had a few additional comments regarding the articulation of the facades. At its January 23, 2018 special meeting, the DAC stated that the pilasters along the buildings frontages do not seem to support anything near the top of the structure, and ZD 107/17 15

18 should be modified to have a better resolution near the roofs of the buildings. The Committee also commented about the horizontal the organization of the balconies on the buildings. The DAC requested that balconies be organized vertically so that certain units on every floor have balconies. The DAC also requested that the applicant add more balconies to the buildings. This request was in part a response to the drastic reduction in terrace space for residents. Other comments by the DAC at its special meeting were that the railing along the terrace area above the six floor of Buildings A and C should be revised to eliminate the wide center posts, and that the proposed canopies over the ground floor retail units should have a better relationship with the upper floors. The staff recommends the following provisos: The applicant shall revise the pilasters to have better resolution at the top of the buildings, subject to the review and approval of the City Planning Commission Staff. The applicant shall revise the current organization for the buildings balconies to provide more balconies and balconies on every story, subject to the review and approval of the City Planning Commission staff. The applicant shall revise the railings along the terrace space above the sixth story of Buildings A and C shall to have a more consistent post width, subject to the review and approval of the City Planning Commission. The applicant shall revise the canopies above the ground floor retail units to have a better relationship with the upper floors, subject to the review and approval of the City Planning Commission. Article 18, Section F also requires that buildings contain ground floor nonresidential uses in an effort to provide neighborhood amenities and to create an environment that connects the adjacent neighborhoods to the riverfront. Buildings A and C have 133 feet 1 inch and 197 feet 2 inches of frontage along Brooklyn Avenue. The first floor of these frontages include proposed retail spaces of 2,599 and 3,496 square feet in Building A and 7,981 and 7,355 square feet in Building C. One retail space in Building A would be accessed from the corner of Brooklyn Avenue and Socrates Street, and the other from the building s Brooklyn Avenue frontage. Similarly, Building C would provide an access point for one retail space at the corner of Brooklyn Avenue and Lamarque Street and the other from its Brooklyn Avenue frontage. Building B also has a proposed retail space along Lamarque Street measuring an area of 2,632 square feet. Article 15, Section 15.3.B requires a minimum transparency of 50% of the ground floor of newly constructed buildings, defined as transparency between 2 feet and 8 feet above the finished first floor. The ground floor of Buildings A and C provide transparency of 46% and 54%, respectively. Building B and portion of Building C adjacent to Lamarque Street have retail spaces adjacent to a proposed public plaza. This portion of Building C has a transparency of 63%, and the frontage of Building B has a transparency of 59 %. The retail frontage of Building A along Socrates Street has a transparency of 52%. The staff recommends the following proviso: ZD 107/17 16

19 The applicant shall meet the transparency requirements of Article 15, Section 15.3.B., subject to the review and approval of the City Planning Commission staff. The ground floor of all buildings measure 13 feet 6 inches in height, which exceeds the 12-foot minimum ceiling height required for ground floor nonresidential uses specified in Article 15, Section 15.3.b.1.f. All retail spaces fronting Brooklyn Avenue are covered by discontinuous canopies. These canopies provide protection from the elements for customers of the retail spaces on the ground floor. Article 18, Section F requires that buildings be designed with galleries, awnings, canopies, or other weather protection devices. The proposed canopies currently encroach into the right-of-way between 3 feet 4 inches and 10 feet 2 inches. All encroachments into the public right-of-way require the review and approval of the Department of Property Management Division of Real Estate and Records. The staff recommends the following proviso: 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. The development is designed in a manner that the parking structures are concealed from the street rights-of-way and are interior to the buildings that wrap around them. The parking decks would be visible on Square 217 from Brooklyn Avenue, but would be set back from the street and located behind the four separately owned lots on this square not included in the project scope, and would be screened by a vegetative screening system. Portion of the parking decks would also abut from the proposed Lamarque Street public plaza, De Armas Street, and Socrates Street, but the parking decks would be most visible on the riverside of the development. All visible portions of the parking decks would be screened with a vegetative screen. The vegetative screening would cover approximately 23 feet in height of nearly the entire rear portions of the structures nearest the River levee. The vegetative screening would consist of Confederate Jasmine vines. This screening technique should be successful and could help transition the building from the grassy toe of the levee. ZD 107/17 17

20 Figure 6: Original Submission (Top) and Current Proposal with Major Changes (Bottom) The plans propose shared outdoor space for residents and the public between the two squares along Lamarque Street and a plaza area between Building D and the River levee. Outdoor terrace space is provided at the third floor of each building above the parking deck and open towards the river. The terrace space between Buildings A and B originally covered a total area of approximately 18,000 square feet and included a number of semiprivate patio spaces and a seating area under a steel trellis. Landscaping planters helped establish the semi-private areas and also line the riverside portion of the terrace area. The most recent revision to the plans included a substantial reduction in the terrace area provided for residents. This proposed are is now 4,113 square feet and includes no semiprivate areas for residents. The remaining area is open to the parking garage below. Similarly, Building C and D s terrace area was reduced from approximately 23,000 square feet to 7,254 square feet. Both terrace areas include a pool and are accessed from the buildings through an indoor common area that includes a fitness center, among other amenities. The most current version of the plans propose a sloped roof and do not show the utilization of the roof for any space usable by the residents. If the applicant proposes any accessory rooftop features, they will be required to comply with Article 21, Section 21.6.O of the Comprehensive Zoning Ordinance, which provides requirements for the use of rooftop spaces. The staff recommends the following proviso: Accessory rooftop features shall comply with Article 21, Section 21.6.O of the Comprehensive Zoning Ordinance, subject to the review and approval of the City Planning Commission staff. ZD 107/17 18

21 Eligibility for Riverfront Design Overlay District bonus allowances One of the eligibility requirements for the bonus allowances of the Riverfront Design Overlay District is the requirement of a publicly accessible space that provides access to the Mississippi River: Article 18, Section G.2 a. Developments shall include landscaped public open space, public plazas, and/or sidewalk/open air cafes with direct visual access to the River, subject to the Public Plaza Standards and Guidelines contained within Section 17.5.F.2, except that the plaza may be located more than three (3) feet above the adjacent sidewalk in order to provide better views. The applicant originally proposed to meet the aforementioned requirement by converting the 200 block of Lamarque Street right-of-way into a public plaza. This proposal was problematic because it would have restricted Larmarque Street access for those properties not a part of this development. The applicant also proposed to limit the plaza to the portion of Lamarque Street that is adjacent to the sites owned by the applicant. The Director of the Department of Safety and Permits determined that in order for that proposal to meet the requirements of Article 18, Section G.2 the plaza must be on private property, and the applicant would be required to purchase that portion of Lamarque Street. The applicant was unable to secure tentative approval from the Department of Property Management Real Estate and Records Division for the sale of this right-of-way. The applicant is now proposing an alternative to provide the public plaza space between the rear of Building D and the Mississippi River Levee. As shown in Figure 6, the location of the public plaza was originally proposed to be the location of a ramp to Building C and D s parking garage. Article 17, Section 17.5.F.2 lists nine requirements public plaza must meet in order to be classified as such, and thus, able to qualify in part for the development bonus of the Riverfront Overlay. Public plazas are required to be open to the sky, a minimum of 2,500 square feet, include one linear foot of seating for every 30 square feet, and must consist of a minimum of 20% landscaping. Though this area includes a covered 2,203 square foot seating area, 3,903 square feet of the area is open to the sky. Twenty-four percent of the area is landscaping. The proposal exceeds its seating requirement: it is required 130 linear feet of seating and provides over 248 linear feet of seating. The public plaza requirements also require that the plaza be ADA accessible and visible from and connected to the nearest sidewalk. The propose plaza is open to the De Armas Street sidewalk and is connected to the Lamarque Street right-of-way by a 154-foot long path along the screening for the development s proposed parking structure. The plaza would also meet the three to one maximum length to width ratio, which aims to avoid the creation of long, narrow plaza spaces. The width of the proposed plaza is greater than the length, so this requirement is met. The last requirement of this section for public plazas is that these areas must receive natural light during a portion of the day. In reviewing the plans, the staff is unclear when and for how long the plaza would receive natural sunlight. In addition to the above evaluation, the staff met with the Director of the Department of Safety and Permits on January 29, 2018 to determine if the proposed public plaza meets ZD 107/17 19

22 the requirements of the CZO. In a prior determination, the Director determined that the public plaza area must be located on private property to be considered for one of the Riverfront Design Overlay District s eligibility requirements for the height and density bonus. The current proposed location would be on the applicant s property, which resolves the previous concern. The Director of the Department of Safety and Permits stated that in order for the applicant to comply with the requirement that the public plaza provide direct visual access to the riverfront, the applicant must provide a pedestrian connection from De Armas Street to both the public plaza and a connection to the riverfront path. The staff recommends the following provisos: The applicant shall provide a pedestrian connection from the De Armas Street right-of-way to the public plaza and to the riverfront path, subject to the review and approval of City Planning Commission staff, the Department of Public Works, and the United States Army Corps of Engineers. The public plaza shall be designed in accordance with ADA accessibility requirements. The public plazas shall be open to the public at minimum during the hours of 8:00am to 9:00pm daily. A plaque two (2) feet by four (4) in area shall be displayed at all entrance stating the hours of public use, subject to the review and approval of City Planning Commission staff. The applicant shall provide documentation stating how much natural light the plaza will receive daily throughout the various times throughout the year, subject to the review and approval of the City Planning Commission staff. The applicant is proposing to convert Lamarque Street, currently a public street, into a pedestrian plaza for residents and the public. This space was originally planned as the plaza space intended to meet one of the eligibility requirements for the height and density bonus of the Riverfront Design Overlay District. During the course of this application, the applicant was unable to secure the rights to purchase this block of Lamarque Street, and a lease was determined to not be sufficient to qualify for the bonus due to the language in the CZO. The applicant still intends to improve this portion of Lamarque Street as a pedestrian plaza if the appropriate agreement can be reached with the Department of Property Management Real Estate and Records Division. The staff believes that providing a public plaza in this location would be a benefit if it was available to the public and with certain design consideration. Specifically, the plaza should be designed in accordance with the public plaza standards in Article 17, Section 17.5.F.2. This section provides requirements for seating, landscaping, and accessibility, and would ensure good design. The standards for the protection of view corridors in Article 18, Section D should also continue to apply no matter what agreement, if any, is brokered between the City and the applicant. The staff recommends the following proviso: The applicant shall consult with the Department of Property Management Real Estate and Records Division to execute the appropriate agreement for the development of a pedestrian plaza in the 200 block of Lamarque Street right-ofway. ZD 107/17 20

23 As noted in the previous section, Lamarque Street is considered a view corridor for the riverfront. Article 18, Section D lists a number of requirements limitation for the development of those corridors, including the preservation of views, the allowance of lighting and other outdoor public amenities, building projections, and parking under certain conditions. The applicant is proposing canopies along Building C s Lamarque Street frontage that project 3 feet 4 inches into the Lamarque Street right of way. The CZO allows canopies to extend into view corridors up to 10 percent of the plaza s width. The proposed canopies occupy 5 percent of the width of the plaza. This section also has requirements limiting the width of balconies and overhangs along view corridors, and limits them to 20 percent of the building façade abutting the view corridor. No balconies are currently proposed along the Building B s Lamarque Street frontage. Numerous balconies are proposed on the Building C s Lamarque Street frontage, but none extend beyond the property line into the protected view corridor. As noted above, the canopies do extend into the Lamarque Street right-of-way, and compose a total of 45 percent of the Building C s façade abutting Lamarqure Street. The staff believes this can be remedied by shortening some of the canopies to not project into the right-of-way, and recommends the following proviso: The applicant shall comply with the requirements of Article 18, Section D of the Comprehensive Zoning Ordinance to limit the projection and width of overhangs adjacent to the proposed public plaza, subject to the review and approval of the City Planning Commission staff. Parking and loading Vehicular and bicycle parking Article 22, Section 22.4 of the Comprehensive Zoning Ordinance requires one off-street parking space for every one dwelling unit in a multiple family residential dwelling and one space for every 500 square feet of retail space. Buildings A and B contain 167 dwelling units and 8,727 square feet of retail space. Buildings A and B are required to provide a minimum of 186 off-street parking spaces, and are proposing 218 off-street parking spaces in a two-level parking garage. There is no maximum parking limit for parking structures. Multi-family dwellings are also required to provide bicycle parking at a rate of 1 per 5 dwellings with 80% designed to be long-term spaces. Retail establishments are required to provide bicycle parking at a rate of 1 per 5,000 square feet of gross floor area with 50% being long-term spaces. None of the proposed retail spaces in buildings A and B meet the 5,000 square foot threshold, but Article 22, Section 22.6.A requires that a minimum of 2 spaces be provided. Buildings A and B are required a minimum of 39 bicycle parking spaces, 30 of which should be long-term bicycle parking spaces. No bicycle parking spaces are currently proposed for Buildings A and B. Buildings C and D contain 187 dwelling units and 15,336 square feet of retail space. A total of 220 off-street parking spaces are required for the two buildings, and 228 off-street parking spaces are proposed. Buildings C and D are required a minimum of 48 bicycle parking spaces, 37 of which should be long-term bicycle parking spaces. No bicycle parking spaces are proposed. ZD 107/17 21

24 The staff recommends the following proviso: As required by Article 22, Section 22.4 of the Comprehensive Zoning Ordinance, the applicant shall provide 39 bicycle parking spaces, 30 of which should be longterm bicycle parking spaces, for proposed Buildings A and B. The applicant shall also provide 48 bicycle parking spaces, 37 of which should be long-term bicycle parking spaces, for proposed buildings C and D. Compliance with this proviso shall be subject to the review and approval of the City Planning Commission staff. The proposed development includes plans for six driveways, three at De Armas Street and three at Socrates Street. All proposed driveways along De Armas Street are bidirectional and range from 24 feet 3 inches to 25 feet 7 inches wide, the largest of which provides access to the ramp of the Building C and D s parking deck. Article 22, Section A.2 limits the width of driveways for multi-family dwellings and nonresidential uses to 24 feet for two way drives, with the exception of loading berths, subject to the review of the Department of Public Works. A similar condition is proposed at Building A and B s access points along Socrates Street, which is proposed to have three driveways ranging from 25 feet 11 inches to 42 feet 7 inches. The staff recommends the following proviso: The applicant shall reduce the width of driveways along De Armas and Socrates Streets to comply with the requirements of Article 22, Section A.2 of the Comprehensive Zoning Ordinance, subject to the review and approval of the City Planning Commission staff and the Department of Public Works. Loading Article 22, Section 22.7 requires that commercial and institutional uses between 10,000 square feet and 100,000 square feet in gross floor area provide 1 loading space. For developments with multiple uses, this calculation is made for each individual space. After the most recent revisions to the plans for this development, none of the individual proposed retail spaces exceed this 10,000 square foot threshold; therefore no loading spaces are required for the retail component of this proposal. Buildings A and B contain a total gross floor area of approximately 187,888 square feet. Buildings C and D contain a total gross floor area of approximately 208,540 square feet. Article 22, Section 22.7 (Table 22-3) requires multi-family dwellings between 100,000 and 200,000 square feet to provide two off-street loading spaces, and one additional offstreet loading space for each additional 100,000 square feet. The additional space is only required for each full 100,000 square feet over the 200,000 square feet. Therefore, Buildings A and B are required to provide 2 off-street loading spaces, and Buildings C and D are also required to provide 2 off-street loading spaces. Each loading space is required to be a minimum 12 feet in width, 35 feet in length, and have a vertical clearance of 14 feet. Buildings A and B provide two off-street loading spaces accessed from Socrates Street. Both spaces have a width of 15 feet 4 inches and one has a length of 56 feet 2 inches and the other has a length of 60 feet 5 inches. The vertical clearance for these spaces is 14 feet 3 inches. Buildings C and D are proposed to also provide 2 off-street loading spaces accessed by De Armas Street. These loading spaces are provided side-by-side in a space 25 feet 8 inches in width and 40 feet 11 ZD 107/17 22

25 inches in depth. The vertical clearance for this loading area is 13 feet 8 inches, which is 4 inches deficient of what is required in the CZO. In addition, landscaping Sheet L1.00 shows a proposed tree planting in the right-of-way in front of the proposed space, which would block access to the two loading spaces. The staff proposes the following provisos: The vertical clearance of the off-street loading spaces for Buildings C and D shall be revised to comply with the 14-foot clearance requirement of Article 22, Section 22.7 of the Comprehensive Zoning Ordinance, subject to the review and approval of City Planning Commission staff. The landscaping plans shall be revised to eliminate the proposed street tree blocking access to the proposed off-street loading area in Buildings C and D, subject to the review and approval of the Department of Parks and Parkways. Landscaping Most of the proposed landscaping for this project is concentrated in the public plaza areas, and have been discussed in previous sections. The applicant also proposes the planting of unspecified type of street trees on both squares along Brooklyn Avenue and in green spaces in front of the set back portions of the development. The applicant proposes several street trees adjacent to Building A s Socrates Street frontage and appears to be proposing street trees across Socrates and De Armas Streets adjacent to properties not in the scope of this application. The proposed trees along Brooklyn Avenue would be planted at 22 feet 11 inches on center. Trees along other rights-of-way and on private property would be planted between 15 feet and 35 feet on center. The applicant shall plant street trees along the Socrates Street and De Armas Street rights-of-way that are the same type and spacing as those planted along Brooklyn Avenue, subject to the review and approval of the Department of Parks and Parkways. The plans submitted to the City Planning Commission for final approval shall include a landscaping plan that complies with Article 23, Section 23.3.B of the Comprehensive Zoning Ordinance. The landscape plan shall be prepared by a licensed Louisiana landscape architect. This landscape plan shall indicate the following: a. the genus, species, size, location, quantity, and irrigation of all existing and proposed plant materials within both the common areas and the street rights of-way within the site, with applicable remarks and details; b. compliance with all applicable landscape regulations in Article 23 and elsewhere in the Comprehensive Zoning Ordinance including parking lot landscaping in Article 23, Section 23.7 and buffer yard landscaping in Article 23, Section 23.8; c. building foundation planting ZD 107/17 23

26 Signage The submitted plans include building elevations and renderings but do not include any signage. Therefore the staff recommends the following: The applicant shall be limited in the number, location, and square footage of any signage within the site as determined by the regulations of Article 24 of the Comprehensive Zoning Ordinance and subject to review by City Planning Commission staff. Trash and litter abatement The site plan indicates a trash storage area located on the first level of Building A and B s parking garage. This area is located near an area designated for service and loading and is behind the retail space fronting the proposed Lamarque Street public plaza. The plans do not indicate a trash storage area for Buildings C and D, but does indicate service areas in a similar space as Buildings A and B. The staff recommends the following provisos to address trash and litter abatement: In accordance with Article 23, Section A of the Comprehensive Zoning Ordinance, the applicant shall provide an on-site trash storage area either within a fully enclosed outdoor area with an opaque fence seven (7) feet in height or within the building envelope in order to screen the receptacles from the public right-of-way at all times, subject to review and approval of the City Planning Commission staff. The applicant shall submit a litter abatement program letter to the Department of Sanitation for review and approval. The letter shall include the stated location of trash storage, the type and quantity of trash receptacles, the frequency of trash pickup by a contracted trash removal company, and the plan for clearing of all trash from the sidewalks and street rights-of-way. The name and phone number of the owner/operator of the development shall be included in this letter to be kept on file in case of any violation. In no case shall trash be stored so that it is visible from the public right-of-way. Exterior Lighting Exterior lighting plans were submitted with the original set of plans, but have not been updated to reflect the various changes that have been made since. The original lighting plans focused mostly on the proposed Lamarque Street public plaza and the terrace areas, both of which have been scaled back significantly. The original plans also did not contemplate the public plaza space behind Building D. Additionally, the applicant did not submit plans for any other lighting, including any wall mounted lights or pole lights, and recommends the following proviso: The applicant shall submit a lighting plan indicating lighting details including but not limited to, fixture type, height and location in accordance with Article 21, Section 21.5.C.1 of the Comprehensive Zoning Ordinance with an emphasis on ZD 107/17 24

27 public spaces including the proposed public plaza and its landscaping and seating areas. This plan is subject to the review and approval of the City Planning Commission Staff. Riverfront Gateway Design Standards and Height Limit Increases The applicant is applying for the bonus provisions of the Riverfront Design Overlay District as outlined in Article 18, Section G.2. of the CZO, which allows additional height and eliminates the minimum lot area requirement for the provision of all of the following three design standards: a. Landscaped public open space, public plaza, and/or sidewalk/open air cafes with direct visual access to the River; b. Utilization of energy efficient design to achieve a recognized green building certification, such as LEED, or other similar certification; c. At least 10% of dwelling units reserved as affordable for households with incomes equal to or below 80% of the Area Medium Income, with at least 50% of the units containing 2 or more bedrooms. The requirement for the public open space/public plaza/sidewalk café as stated in Section G.2.a is discussed under the Building Design heading. The other two requirements, the provision of affordable housing units and the utilization of energy efficient design, are also required in order to utilize the bonus provisions are discussed here. The site is located within an MU-2 Mixed-Use High-Intensity District, which limits height to 85 feet and seven-stories and requires a minimum lot area of 800 square feet per dwelling unit. In this case the site is 134,177 square feet and would allow 168 dwelling units. The applicant is proposing to utilize the bonuses while providing the design standards to add an additional floor and provide 354 dwelling units, which is an additional 186 dwelling units, with 35 of the units reserved as affordable. In order to ensure the development meets these requirements, the staff recommends the following provisos: The applicant shall submit revised floor plans that comply with Article 18, Section G.2 of the Comprehensive Zoning Ordinance, indicating the location of the required affordable units. The design of the affordable units shall comply with the requirements set forth in Article 18, Section G.2.C., subject to review and approval of the City Planning Commission staff. In accordance with Article 18, Section G.2.b., the development shall be designed utilizing energy efficient design, subject to Whole Building Sustainability Standards and Guidelines contained within Section 17.5.C.2, subject to review and approval of the Director of Safety and Permits. Miscellaneous Square 216 contains two separate lots of record, Lots 20-A and 1-A. The staff recommends the following proviso to ensure the development is on one lot of record: ZD 107/17 25

28 The applicant shall resubdivide the lots on each square into a single lot of record. The resubdivision shall be finalized prior to the issuance of a Certificate of Use and Occupancy by the Department of Safety and Permits. 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 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. The staff recommends this proviso to ensure that any waivers attached to the approval of the application are evaluated against the approval standards in Article 4, Section 4.6.F of the Comprehensive Zoning Ordinance. Any waiver that is not expressly requested, included, or contemplated as part of this request shall not be considered to be part of this Conditional Use approval. Should it be determined that additional waivers are required to satisfy the requirements of the Comprehensive Zoning Ordinance, all waivers shall be evaluated by the approval standards set forth in Article 4, Section 4.6.F of the Comprehensive Zoning Ordinance. E. What are the comments related to Stormwater Management? The applicant proposes to construct a mixed use development consisting of four (4) interconnected buildings on two squares and including various improvements within the five public streets bounding the sites (Brooklyn Avenue, River Street, Socrates Street, Lamarque Street and De Armas Street). Currently, much of the site area is covered with impervious concrete slabs. The applicant is proposing to remove the site s impervious cover, including the slabs and most of the existing perimeter streets and sidewalks and replace them with the new buildings, a mall, driving/parking/loading areas, and grassed areas (identified on the Landscape Plan as Stormwater Retention and Bio-swales ) graded to be collected into two below-building stormwater detention basins (ACF Heavy Duty R-Tanks or an equal system) enveloped in a cocoon of free draining angular stone. One system is to be installed for each of the two lots and will receive rainwater from the roof areas and the ground surfaces associated with each lot. 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 and to reduce the post development runoff rate. ZD 107/17 26

29 Existing Conditions The site under consideration is currently improved with street, sidewalk, curb & gutter and concrete slabs left over from the demolition of the buildings formerly on site. The site drains away from the Mississippi River Protection Levee [River Road] via surface flow which collects into swales running alongside the irregular pavement in adjacent streets [Socrates Street, Lamargue Street and De Armas Street] into the City s collection basins and drainage lines located along Brooklyn Avenue. The receiving system is an existing 18 RCP storm drain running south along Brooklyn Avenue to Socrates Street. It then picks up flow from the south and west at a manhole and leaves the intersection as a 24 RCP flowing east and beyond the project area. The designer s assumption of a free flow outlet condition in this system needs to be confirmed. Proposed Stormwater Management Plan The applicant is proposing to remove the existing site impervious cover [including much of the existing perimeter streets and sidewalks] and replace it with new building areas, driving/ parking/ loading areas, and grassed areas with landscaping all piped and graded so as to be collected into one of the two under-building detention tank systems proposed to receive rainwater via roof drains and surface inlets. The project then proposes to construct 112,500 s.f. of building roof, 3,586 s.f. of surface paving and s.f. lawns and landscaping. Approximately 5,900 s.f. of the lot area would by-pass the treatment system. One hundred twenty four (124) parking spaces and associated driving aisles located within the building would also be included. The applicant proposes to detain the first 1.25 inches of stormwater on the site using two individual below building stormwater detention basins [ACF Heavy Duty R-Tanks or equal] enveloped in a cocoon of free draining angular stone. Each of the two basins will be governed by a weir control structure placed down grade of the collection tank but upgrade of several new inlets to be installed in each of the reconstructed streets [Socrates Street, Lamargue Street and De Armas Street]. The plans indicate that most on-site impervious and pervious areas will be collected by the two detention basins via roof drains and ground flow captured by 12 x12 surface inlets and discharged into the surrounding municipal system at three locations using new sub-surface connections installed between the weir controls and the tie ins with the existing 15 RCP along Brooklyn Avenue. About 5,900 s.f. of the on-site drainage area will by-pass the system and receive no treatment. Additionally, the redeveloped area of the abutting streets [including the Mall ] does not appear to be captured by the new system. Therefore, the determination of whether or not the project results in no increased run-off is inconclusive. The designer s suggestion that additional volume has been provided in each of the basins may only mean that events in excess of 1.25 will be treated rather than a no increase for the design storm at the point/s of entry into the municipal system. Based on the pollutant load calculations submitted, there will be no reduction in any of the water quality metrics as a result of the project. The plans submitted are conceptual, but it appears that the proposed stormwater management system may not be sufficient to meet the requirements of Article 23 regarding no increase for the design storm if the entirety of the project is considered. ZD 107/17 27

30 Furthermore, no enhancement of water quality [the roof drain filters not withstanding] is indicated for the project. It is recommended that the designer consider use of stormwater BMPs such as disconnected roof tops [including the terraces] and other rooftop runoff management techniques combined with bioswales or similar methods at the ground level [as indicated on the landscape plan but not reflected in the SWMP] to improve water quality discharging from the project area. If the application is recommended for approval, the staff recommends the following proviso: As required by Article 23, Section 23.3 of the Comprehensive Zoning Ordinance, and in accordance with Stormwater Management Plan Requirements, a stormwater management plan shall be submitted. The stormwater management plan (SWMP) shall be reviewed and approved prior to the issuance of a building permit by the Department of Safety and Permits. 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? Off-street Parking and Loading Off-street parking and off-street loading requirements are discussed in the design review section of this report. Transportation The subject site, comprised of three large lots on Squares 216 and 217, is currently vacant. It is located in Algiers adjacent to the Mississippi River levee. The two squares are separated by Lamarque Street and bordered by De Armas Street, Brooklyn Avenue, and Socrates Street, all of which are considered minor streets. The segments of Lamarque, De Armas, and Socrates Streets that dead end into the levee, and were classified as Very Poor and Failure in the citywide pavement assessment. The applicant has stated that the plans for this development include improving De Armas and Socrates Streets to provide access to the developments. Lamarque Street is currently being proposed to be converted into a public plaza nearest the river, and other improvements are proposed for the remaining portion. The segment of Brooklyn Avenue between Mardi Grass Boulevard and De Armas Street is also considered to be in Very Poor condition. Currently, the City has no plans for major roadwork on the streets surrounding the proposed project. The staff recommends the following proviso: The applicant shall secure the approval of the department of Public Work for all modifications and repairs to the public rights-of-way adjacent to the site, including but not limited to the construction, resurfacing, or reconstruction of curbs, curb cuts, sidewalks, and the roadway. The subject sites are within close proximity to the Pontchartrain Expressway and several arterial and collector streets, including L. B. Landry Avenues, Nunez Street, and Mardi ZD 107/17 28

31 Gras Boulevard. The staff expects the addition of retail space and 354 dwelling units to dramatically increase the number of vehicles that travel through this area, but also believes that the nearby major streets provide options for vehicular traffic to access the site without overwhelming the local streets. Article 18, Section F does require that developments contribute to traffic signaling or lane striping if deemed necessary by the Director of the Department of Public. The staff recommends the following proviso: The applicant shall contribute to traffic signaling or lane striping if deemed necessary by the Director of Public Works. The applicant shall provide a Traffic Impact Statement if deemed necessary by the Director of Public Works to make the determination if signaling or striping is necessary. An existing railroad spur runs along the length of Brooklyn Avenue adjacent to the proposed development. At the January 9, 2018 City Planning Commission Public Hearing, several residents expressed concern about the intensity of the project and the additional traffic that will be traversing the neighborhood. Neighborhood residents are concerned that the additional traffic will impact their quality of life and that the local streets are not in good enough repair to handle the additional traffic. In addition, the neighborhood residents have expressed concern about the proposed development s residents and visitors being able to access the site when the rail line is in use of which the staff also shares concern. The staff believes that the nearby major streets provide options for vehicular traffic that would avoid overwhelming the local streets in the area and that since the site is within one mile of the ferry terminal by way of the Mississippi River path there are options available in alleviating stressors. However, the staff shares the concerns expressed by the neighbors and that the parking of train cars on this rail line could prevent ingress and egress to and from the proposed development, and could impede emergency services from accessing the site. Also at the January 9, 2018 City Planning Commission hearing, the applicant stated that contact has been made with the owners of the rail line, and that the possible relocation of the line could occur. The staff believes that an agreement must be made with the owners of the adjacent rail line so that the site will not be blocked by parked train cars. The staff recommends the following proviso: The applicant shall submit to City Planning Commission staff an agreement between the owners of the rail line adjacent to the subject properties that rail cars will not be parked in a manner that blocks access to Socrates, Lamarque, or De Armas Streets. G. What are the comments from other agencies/departments/committees? Design Advisory Committee The proposal was considered by the Design Advisory Committee (DAC) at its regularly scheduled meetings of October 25, November 4, and December 20, 2017, where the ZD 107/17 29

32 initial proposal was presented along with subsequent modifications. 4 The proposal was again considered by the DAC on January 24, 2018 at a specially scheduled meeting and included the most recent changes to the design, which are subject of this report. The applicant presented the changes, which included a slight increase in building height to 81 feet 8 inches, which includes step backs at the 6 th floor on the Brooklyn Avenue side, a reduction from three parking levels to two, a reduction in the terrace areas facing the river, canopy and balcony changes, material changes, the inclusion of a public plaza area on the riverside portion of the property adjacent to De Armas Street, and landscaping for the on-site public plaza and the Lamarque Street public plaza area. After a lengthy discussion, the DAC moved to approve the proposal subject to further review of the plans by City Planning staff and the following amendments to the plan: Increase the number of balconies, particularly the corner and riverside units. The DAC stressed that each unit should contain a balcony. Alignment of the color palette to reflect a relationship between the upper floors and base of the building. Red brick should not be incorporated into the building materials. Revised incorporation of a continuous canopy or if several canopies are used, align the canopies with the building s architectural details. Ensure the public plaza is accessible to the public and is promoted as public space by creating an access to the plaza from the levee, street, and sidewalk. The plaza should have adequate lighting and security measures put in place to ensure safe access and use. Remove the current sixth floor railing with a continuous railing. Incorporate a building to building flush plaza area on Lamarque Street. Planning Advisory Committee The application was considered by the Planning Advisory Committee at its October 25, 2017 meeting. Comments were made by the following departments: Real Estate and Records The representative expressed concern about the proposed pedestrian mall utilizing frontage of properties not owned by the applicant. Further concern about the proposed pedestrian bridge over the public right of way was discussed. Any proposed uses over the public right-of-way would need approval and servitude agreements with Real Estate and Records. 5 4 An overview of design changes proposed throughout the project s history are discussed in the Design Review section of this report. 5 Since the October 25, 2017 PAC Meeting, the applicant has revised the plans to shorten the proposed pedestrian plaza on Lamarque Street to only include adjacent property owned by the applicant and removed the pedestrian bridge. ZD 107/17 30

33 Department of Public Works The developer s plans for street infrastructure improvements to De Armas and Socrates Streets would need to be reviewed and approved. In addition, the proposal calls for several new curb cuts on De Armas and Socrates Streets, which are too wide and exceed the width requirements of the Comprehensive Zoning Ordinance. Any improvements to Lamarque Street and the public right of way are subject to review and approval by DPW. Sewerage and Water Board Applicant is required to submit connection plans that tie into existing utilities. All proposed trees should be 5 clear of all sewer and water house connection. All existing utilities should be on the plans. Department of Parks and Parkways Street trees need to be included on both sides of the surrounding streets. The Committee passed a motion of no objections subject to comments by Real Estate and Records, Department of Public Works, Sewerage and Water board, Parks and Parkways, and review and approval by the City Planning Commission. All comments are incorporated into the various applicable sections in the report in order to meet the departments requests. H. What effects/impacts would the proposed conditional use have on adjacent properties? The applicant proposes a mixed-use development including a 354-unit multi-family residence with four ground floor commercial spaces directly adjacent to the Mississippi River Levee. The purpose of the Commercial Center Districts, such as the MU-2 High Intensity Mixed Use District is to represent the major destination areas within the city. The intended character of the Commercial Center Districts includes mixed-use development with residences above ground floor commercial and higher density dwelling types. They are also intended to provide for compact development which promotes walkability, transit use and community reinvestment, and create employment centers in close proximity to residences. The proposal to include this development in an industrial area of the Mississippi Riverfront that has experienced little redevelopment activity and certainly not anything of this size in recent years is bound to impact the neighborhood in terms of automobile, bicycle, and foot traffic, increased activity in and around the site by the site s residents, and impacts from the commercial uses. The development proposal has not specified which commercial uses will be incorporated, but the MU-2 District would allow among other uses fast food, specialty, and standard restaurants, personal service establishments, retail stores, health clubs, and animal service establishments. All of which will increase activity around the site but such activity is consistent with the intent of the MU-2 High Intensity Mixed-Use District and the Mixed-Use High Density future land use designation which underlies it. ZD 107/17 31

34 III. 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 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 CZO. In this section the staff evaluated the application using those standards. 1. The proposed use at the specified location is consistent with the policies embodied in the adopted Master Plan. Chapter 14: Land Use Plan of the Master Plan designates the future land use of the petitioned site as Mixed-Use High Density. The goal, range of uses, and development character for that designation are copied below: MIXED-USE HIGH DENSITY Goal: Encourage compact, walkable, transit-oriented (or transit-ready) neighborhood centers with medium- to high-density multifamily residential, office, and commercial services at key, underutilized, centrally located parcels within neighborhoods and along edges. Range of Uses: Medium- to high-density multifamily residential, office, hotel and commercial retail. Development Character: These areas will provide proper transitions to surrounding areas with lower densities/heights. Many structures will require ground-floor retail with residences or offices or both on upper floors. The development proposal calls for new construction of four connected mixed-use high-density buildings. The site would contain ground floor commercial uses and upper floor residential units, which is in keeping with the Mixed-Use High Density FLUM designations development character. The greater height and mass of the four buildings is orientated toward the development s river side while step backs on the Brooklyn Avenue side of the development provide a transition to the surrounding neighborhood. Neither the multifamily nor the commercial aspects of this mixed use development are in conflict with the goals, range of uses, or the development character of the Mixed Use High Density FLUM designation and are therefore not in conflict with the Master Plan. 2. The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations. This standard is met. The purpose of the MU-2 High Intensity Mixed-Use District as stated in Article 15, Section 15.1.E of the Comprehensive Zoning Ordinance is ZD 107/17 32

35 intended encourage walkable neighborhood centers and corridors conducive to transit, with a mix of residential and supportive commercial and office uses. Buildings may contain vertical mixed-use as well as single purpose uses designed to be located both at neighborhood centers and along major arterial corridors. The request to permit a height and density bonus for a multifamily residential development with a retail component and public amenities which promote walkability and access to the riverfront levee walking and bike trail is consistent with the purpose of the MU-2 High Intensity Mixed-Use District. 3. The proposed use meets all standards specifically applicable to the use as set forth in Article 20 and all environmental performance standards of this Section Applicable Use Standards This standard is met. The applicant would provide a mixed use development that would consist of ground floor commercial uses and multifamily residences on the upper floors. There are no use standards for the multifamily residential use and at the time this report was written the commercial uses were unknown. However, any proposed use would be subject to the commercial use standards set forth in Article 20 of the Comprehensive Zoning Ordinance. Therefore, the staff recommends the following proviso should the conditional use request be approved: All non-residential uses occupying the site shall comply with the applicable use standards of Article 20 of the CZO, subject to the review and approval of the City Planning Commission staff. Environmental Performance Standard This standard is met. The proposed mixed-use development requesting height and density bonuses is considered to meet all environmental performance standards listed in Article 21, Section 21.3 of the CZO because these standards either do not apply to the nature of the proposed uses (vibration, dust and air pollution, regulated materials, fire and explosion hazards), or they will be addressed by the recommended provisos listed in this report (proper drainage, litter control, debris), or they will be addressed through normal building and permitting requirements. 4. The proposed use is compatible with and preserves the character and integrity of adjacent development and neighborhoods and, as required by the particular circumstances, includes improvements or modifications either on-site or within the public right-of-way to mitigate development-related adverse impacts. This standard is met. As mentioned previously, adjustments to the building s facades and the site s design as recommended in this report should preserve the character and integrity of adjacent development. Moreover, the proposed development, which will front along the Mississippi River, is expected to invigorate this portion of the Mississippi Riverfront, include improvements to the area s street infrastructure, public rights-of-way, walkability, and drainage, while providing public access and ZD 107/17 33

36 space for area residents, including residents of the surrounding neighborhood and those residents who will reside at the development. 5. Any variance of zoning standards meets the approval standards of Section 4.6.F. This standard is not met. Article 4, Section 4.3.F.4 of the CZO requires the following be considered but not limited to: adequate ingress and egress, off-street parking, refuse, utilities, screening and buffering, control of signs, traffic safety, exterior lighting, required yards and open space, height and bulk of structures, hours of operation, reduce development-generated traffic on neighborhood streets, and the amount and location of existing impervious surface. The proposed mixed use development standards are addressed in Sections E and F of this report, or through recommended provisos. However, the applicant is requesting a variance of the 20 percent permeable open space on lots requirement as outlined in the MU-2 District regulations. The staff found the required open space requirement waiver to not be supported because the request did not meet all the standards of Article 4, Section 4.6.F of the CZO. Section D, the design review section of this report, provides a detailed discussion of the analysis that was completed. 6. 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. The staff believes the incorporation of the proposed mixed-use development at this site will provide missing residential and commercial elements to an area that for years has been largely underutilized or not utilized at all along the Mississippi River. The development will provide an additional 354 housing units, including 35 units reserved for residents meeting 80% AMI income levels, with relatively close proximity to the City s core and job centers. This project will require some improvements in the public right-of-way, which have been addressed earlier in the report. The applicant will be required to work with the Department of Public Works on modifications to street infrastructure and approval of all new and modified curb cuts and sidewalks. The applicant will have to work with Parks and Parkways to incorporate tree planting along the bounding streets public rights-of-way. The applicant will also have to work with the rail line along Brooklyn Avenue to ensure access is provided to and from the development. The staff does have concerns that traffic may be an issue since the impact of this development has not yet been studied. In Section F of this report, the staff is recommending that a Traffic Impact Analysis be conducted to ensure traffic patterns, wayfinding, and pedestrian access points are carefully considered to protect the public health, safety, and welfare of the development s occupants and residents and visitors of the surrounding neighborhoods. The demand for off-street parking should not increase as the proposed on-site parking facilities should accommodate increased parking demand created as a result of the development. The staff also believes the proximity of the walking and bike path along the levee and the Algiers Ferry to the site as well as the higher residential density proposed for the development should spur active transportation modes such as walking and biking, and thus reduce residents ZD 107/17 34

37 dependency on automobiles. The proposed development which will front the Mississippi River is required to provide a newly constructed public amenity and will provide commercial uses and may encourage more economic development in the area. Given all of these required improvements mentioned here, the staff believes any potential development-related impacts will be mitigated. IV. SUMMARY Zoning Docket 107/17 is a request for a Conditional Use to permit height and density bonuses for a multi-family residential development in an MU-2 High Intensity Mixed- Use District and an RIV Riverfront Design Overlay District. The request also seeks the rescission of Ordinance Nos. 9,367 M.C.S. and 10,144 M.C.S. (Zoning Docket 038/83). The applicant proposes the construction of a mixed-development on an approximately 3.4 acre site adjacent to the Mississippi River Levee between De Armas and Socrates Streets. The site, which consists of three lots on two squares, is currently vacant of any structures. The applicant proposes to develop the three lots, with a site area of approximately 134,177 square feet, with four outer connected eight-story buildings. The proposal includes five commercial areas of 1,372 square feet, 2,505 square feet, 3,383 square feet, 7,789 square feet, and 7,237 square feet for the ground floor while residential units would be located on levels 2-8. The buildings would be constructed with internal parking garages on the ground and second levels to serve the ground floor commercial spaces and upper floor residential units. The applicant proposes to feature design components in the development that would enable the bonus height and density provided for in the RIV Riverfront Design Overlay District within Article 18, Section of the Comprehensive Zoning Ordinance. With this increase in buildable area the applicant is proposing to construct a total of 354 dwelling units, which includes 35 units provided at the 80% Area Median Income (AMI) level, and a building height of 81 feet 8 inches. This site is also subject to existing ordinances that authorized passenger terminals and structures for an aerial river crossing on certain portions of this site (two areas on the site s two lots on Square 216), which permitted the Mississippi Aerial River Transit (MART) gondola erected for the 1984 Louisiana World Exposition. The structures are no longer on the site and are no longer needed. Therefore, Ordinance No. 9,367 M.C.S. and Ordinance No. 10,144 M.C.S. (Zoning Docket 038/83) will need to be rescinded. V. PRELIMINARY STAFF RECOMMENDATION 6 (NOVEMBER 7, 2017) The proposal was considered at the October 25, 2017 Design Advisory Committee (DAC) and Planning Advisory Committee (PAC) meetings. The committees provided comments on the building and site designs, the proposed pedestrian plaza, and the processes for utilizing the public rights of way. Both committees passed motions to approve the project conceptually, but specified that the details would need further review by the various departments. The City Planning staff has had several conversations with the project architects regarding the site s development and the potential need for waivers. On October 30, 2017, the applicant s representative contacted City Planning staff to 6 Subject to modification by the City Planning Commission ZD 107/17 35

38 request a deferral from the November 14, 2017 City Planning Commission meeting to the December 12, 2017 meeting to allow the developer additional time to meet and work with neighbors and make changes based on the DAC s comments. The staff recommends DEFERRAL of Zoning Docket 107/17, a request for a Conditional Use to permit height and density bonuses for a multi-family residential dwelling in an MU-2 High Intensity Mixed-Use District and an RIV Riverfront Design Overlay District and the rescission of Ordinance Nos. 9,367 MCS and 10,144 MCS (Zoning Docket 038/83). VI. CITY PLANNING COMMISSION MEETING (NOVEMBER 14, 2017) The Principal Planner presented the project and explained the reason for the recommendation of deferral. Several people filled out comment cards, but no speakers spoke in support or in opposition of the request. Commissioner Green made a motion to defer consideration of the request to the December 12, 2017 meeting. Commissioner Steeg seconded the motion, which was passed unanimously. Motion: BE IT MOVED BY THE CITY PLANNING COMMISSION THAT ZONING DOCKET 107/17 IS HEREBY RECOMMENDED FOR DEFERRAL. YEAS: Brown, Duplessis, Green, Hughes, Steeg, Stewart NAYS: ABSENT: None Isaacson, Mitchell, Wedberg VII. FURTHER CONSIDERATION (DECEMBER 5, 2017) This proposal was deferred at the November 14, 2017 City Planning Commission meeting at the applicant s request in order to allow the developer additional time to meet with the site s neighbors and make changes to the building and site design based on comments made by the Design Advisory Committee (DAC) and Planning Advisory Committee meetings on October 25, The committees comments included modifications to the building and site designs, the proposed pedestrian plaza, and the processes for utilizing the public rights of way. Since the November 14 th City Planning Commission Public Hearing, the applicant submitted revised plans reflecting the building s design to the Design Advisory Committee which were reviewed by the DAC at its November 15, 2017 meeting and approved by motion, subject to some minor modifications to the elevations. As mentioned earlier in this report, the applicant is proposing to utilize the bonus provisions of the Riverfront Design Overlay District, which according to Article G.2 of the Comprehensive Zoning Ordinance requires a publically accessible space that provides access to the Mississippi River. To meet this requirement, the applicant is proposing a pedestrian walkway along Lamarque Street between Brooklyn Avenue and the toe of the Mississippi River Levee. In order to evaluate whether the requirement is ZD 107/17 36

39 satisfied, the staff requested the following information from the applicant via phone conversations and in an dated November 28, 2017: The necessary documentation and approvals giving the applicant the use of the public rights-of-way for the pedestrian walkway. A list of all proposed uses and improvements in the public rights-of-way. Detailed information for the proposed improvements to Lamarque, Socrates, and De Armas Streets. Impacts the project will have on the rail line along Brooklyn Avenue and how the rail line impacts access to the site. Documentation and any agreements that are necessary with the owner of that rail line in order to provide access over the tracks. At the time this report was written, the staff had not received all of the information that was requested and was therefore unable to complete the review of the proposal. Most crucial to the staff s review are the matters regarding the applicant s proposal to provide a public amenity as required by Article G.2 utilizing the public right-of-way and adjacent property, which is not currently owned or leased by the applicant. Given that the density and height bonuses are predicated on this requirement for which the applicant has not secured approvals, the staff s recommendation at this time would be for denial of the request. However, since there is still time for the City Planning Commission to review this request prior to the deadline, the staff recommends deferral to the January 9, 2018 meeting to allow the applicant time to submit the necessary documentation as requested. VIII. PRELIMINARY STAFF RECOMMENDATION The staff recommends DEFERRAL of Zoning Docket 107/17 until the January 9, 2018 City Planning Commission meeting. IX. REASONS FOR RECIMMENDATION: 1. The staff requested additional information and documentation from the applicant regarding having received all proper approvals to proceed with the improvements in the public rights-of-way, but had not received the requested information at the time this report was due. 2. Without the necessary documentation, the staff would recommend denial of the request, but since there is still time for the applicant to submit the requested documentation, the staff recommends deferring the matter to the January 9, 2018 City Planning Commission meeting to allow the applicant more time to secure the necessary approvals and provide additional information. X. CITY PLANNING COMMISSION MEETING (DECEMBER 12, 2017) The Principal Planner presented the project and explained the staff s reason for the recommendation of deferral. Several people filled out comment cards. The applicant s representative and one other speaker spoke in support of the proposal while two speakers ZD 107/17 37

40 spoke in opposition of the request. Commissioner Isaacson made a motion to defer consideration of the request to the January 9, 2017 meeting. Commissioner Green seconded the motion, which was passed unanimously. Motion: BE IT MOVED BY THE CITY PLANNING COMMISSION THAT ZONING DOCKET 107/17 IS HEREBY RECOMMENDED FOR DEFERRAL. YEAS: NAYS: ABSENT: Brown, Duplessis, Green, Hughes, Isaacson, Steeg, Stewart, Wedberg None Mitchell XI. FURTHER CONSIDERATION (JANUARY 3, 2018) This proposal was deferred at the November 14, 2017 and December 12, 2017 City Planning Commission meetings to allow the developer additional time to meet with the site s neighbors, make changes to the building and site design based on comments made by the Design Advisory Committee (DAC) and Planning Advisory Committee meetings, and obtain the necessary documentation and approvals for the applicant s proposed use of the public rights-of-way. Since the December 12 th meeting, the applicant has revised the plans for the project that reduce the height and number of units, but would still enable the use of the bonus height and density provided for in the RIV Riverfront Design Overlay District within Article 18, Section The changes include reducing the building heights from 102 feet 2 inches to 85 feet and incorporating step backs. As in the original proposal, the buildings would still contain 8 floors and the unit count would be reduced from 386 dwelling units to 345 units, which would include 35 units provided at 80% AMI. 7 Also, the proposed pedestrian bridge has been removed while the proposal to utilize Lamarque Street as a pedestrian plaza remains; however, the revised plans show the plaza would be shortened in length to only incorporate adjacencies of property owned by site s owners. The revised plans were presented to the DAC on December 20, At the DAC meeting the architects for the project provided an additional rendering that showed additional changes to the materials. The Committee voted unanimously to conceptually approve the revised plans, but stipulated that the building and site s design would need to be reviewed and approved by the DAC prior to final approval. 7 Final affordable units required will be in accordance with Article 18, Section G.2.c. ZD 107/17 38

41 Figure 2. Conceptual rendering approved by the DAC on 12/20/2017 Prior to the December 12, 2017 City Planning Commission meeting, the staff requested additional material from the applicant to complete its review of the proposal. This information included: The necessary documentation and approvals giving the applicant the use of the public rights-of-way for the pedestrian walkway. A list of all proposed uses and improvements in the public rights-of-way. Detailed information for the proposed improvements to Lamarque, Socrates, and De Armas Streets. Impacts the project will have on the rail line along Brooklyn Avenue and how the rail line impacts access to the site. Documentation and any agreements that are necessary with the owner of that rail line in order to provide access over the tracks. At the time this report was written, the staff had still not received the information requested above. Reasons the staff cannot sufficiently review the application Non-compliance with density bonus requirements in Section G of the CZO There are two primary reasons the staff cannot complete a full review of the application. First, the development proposal depends in large part as to whether it is eligible for a density bonus under Article 18, Section G. of the Comprehensive Zoning Ordinance. That section allows for density bonuses to be granted only when the development provides special design features including public plazas, open space, and ZD 107/17 39