P.O. Box 24378 New Orleans, LA 70184 504.324.2270
P.O. Box 24378 New Orleans, LA 70184
504.324.2270
Semi-Monthly Zoning Meeting CPC Deadline: 8/24/07
Tuesday, July 10, 2007
CC Deadline: 8/3/07
Council District: A
Councilmember: Midura
PRELIMINARY STAFF REPORT
To: City Planning Commission Prepared by: Paul Cramer, Geoffrey Moen,
& Todd Breckman
Zoning Docket: 62/07 Date: July 3, 2007
I. GENERAL INFORMATION
Applicant: City Council Motion M-07-171
Request: City Council Motion M-07-171 requests the City Planning Commission to conduct a public hearing to consider a Text Amendment to the Comprehensive Zoning Ordinance No. 4264 M.C.S., as amended, to create a new Article (Chapter) to be named the “Lake Area Zoning Districts” with related district designations, regulations and appropriate changes (including map changes) to any existing corresponding regulations in the Comprehensive Zoning Ordinance as needed.
Description: The changes recommended by the motion are as follows:
Section __.1 Lakeview Single-Family Residential District, Section __.2 Lake Vista and Lake Shore Single-Family Residential District, Section __.3 Lake Vista Two-Family Residential District, Section __.4 Lakewood and Country Club Gardens Single-Family Residential District, Section __.5 Lakewood/Parkview Two-Family Residential District, Section __.6 Lake Area Low-Rise Multiple-Family Residential District, Section __.7 Lake Area High-Rise Multiple-Family Residential District, Section __.8 Lake Area Neighborhood Business District 1, Section __.9 Lake Area Neighborhood Business District 2, Section __.10 Lake Area General Commercial District, Section __.11 Lake Area Design Corridor Overlay District, Section __.12 Lake Area Neighborhood Park District, as included in the document referred to as “Lake Area Zoning Districts – Final Submittal Draft” dated March 28, 2007, as well as to consider the corresponding proposed zoning map changes to the aforementioned districts as indicated on the proposed zoning map entitled “Lake Area Planning District No. 5, Draft Post Katrina PROPOSED Zoning – Last Edit March 13, 2007” prepared by the Regional Planning Commission and dated March 2007.
Location: The motion encompasses all properties located within existing Planning District 5, less and except that portion of Planning District 5 currently zoned LI Light Industrial District generally bounded by Lake Marina Avenue, W. Roadway Street, Breakwater Drive and Pontchartrain Boulevard, which shall be included at a later time once on-going studies have been completed. (ZBM B-10, B-11, B-12, C-9, C-10, C-11, C-12, D-10, D-11)
Why is City Planning Commission action required?
The City Planning Commission is required to consider all zoning text and map changes and forward their recommendations to the City Council.
II. ANALYSIS
A. What are the general reasons for the proposed zoning text and map changes in Planning District 5?
Preamble (language from the City Council Motion based on the UNOP District 5 Plan)
“Hurricane Katrina devastated Lakeview and the surrounding neighborhoods in August of 2005 resulting in the reinvigoration and expansion of grass roots planning efforts for the entirety of the area designated as Planning District 5 in the City Planning Commission’s 1999 Land Use Plan. In response to the designation of the Planning District 5 lake area as a ‘Neighborhood Planning Area’ by the Bring New Orleans Back Commission and in concert with planning efforts of the Neighborhood Rebuilding Plan and UNOP process, the residents and businesses of Planning District 5 developed and advanced a zoning strategy for the entirety of Planning District 5 to be known as the ‘Lake Area Zoning Districts.’ Similar to regulations currently in place in the French Quarter, Marigny, Treme and portions of the Lower Garden District, and similar to those regulations proposed along the city’s Riverfront Study area in conjunction with the Riverfront Vision 2005 Plan, the Lake Area Zoning Districts are proposed as a new category of zoning regulations that are unique to and that will ultimately govern the entirety of Planning District 5. Recognizing the uniqueness of the opportunities and challenges in the Lake Area neighborhoods, these regulations are intended to preserve and encourage smart residential development, establish clear development guidelines and design controls for neighborhood business and commercial development, and address the unique opportunities at the Lake Pontchartrain water’s edge.”
B. What are the purposes for the new districts? What are the key differences between the proposed new zoning districts and the existing zoning districts that would be replaced? Do the changes adequately address the general reasons for the petition? Are any modifications necessary to address those reasons, planning principles, or other issues?
The selection of permitted uses, conditional uses, accessory uses, and signs authorized in the business and commercial districts was carefully chosen through a community planning process. Established neighborhood associations were critical in the determining the suitability of particular uses in Planning District 5. In addition to the proposed new Article of the Comprehensive Zoning Ordinance, references throughout the CZO must be modified to reflect the new Article. A draft of the text recommended for insertion into the CZO will be addressed by the staff for the next CPC meeting. Comments made at the July 10, 2007 public hearing will be considered when preparing the draft text.
LRS-1 Lakeview Single-Family Residential District
The LRS-1 Lakeview Single-Family Residential District is the largest of the proposed Lake Area residential zoning districts. It would extend roughly from Robert E. Lee Boulevard on the north to City Park Avenue on the south, and from the Orleans Parish Line on the west to Orleans Avenue on the east. The proposed district would thus be coterminous with the former Lakeview Subdistrict Interim Zoning District (LSIZD)
[1], but would also subsume the RS-2 Single-Family Residential District bounded by Canal Boulevard, French Street, Interstate Highway 610, and the alley between Argonne and General Haig Streets. The LSIZD was originally enacted in May of 2005 with the purpose of maintaining existing residential densities within the Lakeview Area while preserving the right of property owners to maintain, expand, or rebuild existing and/or former two-family dwellings in perpetuity. Although the LSIZD is technically no longer in effect, it served as the basis of the proposed Lakeview Single-Family Residential District, and is thus compared with the latter in the analysis which follows.
Permitted Uses
The proposed LRS-1 District includes a number of minor changes to the permitted, accessory, and conditional uses authorized in both the RS-2 District and the former LSIZD. Five uses—private golf courses, farms, railroad tracks, mast-mounted wireless communication facilities, and artist communities—that are or were permitted under the RS-1 District and the LSIZD would no longer be permitted under the proposed LRS-1 District. There are no existing golf courses, farms, or artist communities within the area of the proposed LRS-1 District, and there do not appear to be any sites of sufficient size to accommodate these uses in the future. Mast-mounted wireless communication facilities are not common in the area of the proposed LRS-1 District, and due to their height and associated guy wires, result in adverse visual impacts to adjacent properties when sited in residential neighborhoods. Façade-mounted installations, which would remain as permitted uses in the LRS-1 District, do not generally result in adverse visual impacts to adjacent properties, due both to their smaller size and to restrictions concerning design, placement, and color
[2]. Although the area of the proposed district includes railroad tracks, there is no demand evident for any new tracks in the future. Finally, although public parks, parkways, and playgrounds would generally be more appropriate for the LP Lake Area Neighborhood Park District or the P Parks & Recreation District, these uses are permitted in other residential districts throughout the city and would coexist harmoniously with adjacent and nearby residential uses.
The most significant change to the list of authorized permitted uses in the proposed LRS-1 Lakeview Single-Family Residential District is the permanent authorization of two-family dwellings as permitted uses on properties that either are currently, or had prior to their immediate past use been, improved with two-family dwellings. This change would further allow for such structures to be demolished and rebuilt within two years, which was permitted under the LSIZD. Without this provision, hundreds of property owners whose property had historically been improved with two-family dwellings, many of which were destroyed as a result of flooding following Hurricane Katrina, would lose the right to rebuild them as such after August 28, 2007
[3]. The staff believes this provision will accomplish the goal of maintaining the mixture of single- and two-family dwellings within the subject area and therefore supports this provision.
Accessory Uses
The list of authorized accessory uses in the proposed LRS-1 Lakeview Single-Family Residential District would be the same as that for the LSIZD, except that radio and television antennae would be prohibited. Accessory uses for farms, temporary buildings on construction sites, temporary offices in model homes on large subdivisions, and radio and television antennae are all currently authorized as accessory uses in the RS-2 District, but would be prohibited in the Lakeview Single-Family Residential District. These changes are sensible, given the lack of farms, large construction sites, and television antennae in the area, and are therefore supported by the staff.
Conditional Uses
The list of authorized conditional uses in the LRS-1 Lakeview Single-Family Residential District also closely follows that of the LSIZD, which prohibited a number of uses that are conditional in other residential districts. Most of these were of a specialized and highly intense nature, and likely not to be able to exist harmoniously within the relatively compact mixture of single- and two-family dwellings in the Lakeview area. The proposed LRS-1 Lakeview Single-Family Residential District, however, would prohibit two conditional uses—water towers and general advertising signs (billboards)—that were allowed within the LSIZD, and would also authorize two uses as conditional—private golf courses and light rail tracks—that were not allowed in the LSIZD and are not allowed in other residential districts. Water towers and billboards generally have an adverse visual impact on adjacent single- and two-family dwellings, and the staff thus supports their prohibition within the LRS-1 Lakeview Single-Family Residential District. Similarly, the staff believes that providing for the future development of alternative modes of transportation would be beneficial to the residents of the proposed LRS-1 District and of the city as a whole. However, private golf courses as a rule require large amounts of open land,
[4] and because no such sites are available within the area of the proposed Lakeview Single-Family Residential District, the staff recommends that this use be removed from the list of authorized conditional uses in that district.
4. Private golf courses operated on sites of not less than
seventy-five acres, provided that no building or accessory use is located closer
than 500 feet from adjoining property lines.
Permitted Signage
All signs permitted within the RS-2 District and the former LSIZD would also be permitted within the proposed LRS-1 District. The staff does not recommend any changes to this list.
Height, Area, and Yard Requirements of LRS-1
The proposed LRS-1 Lakeview Single Family Residential District Height, Area, and Yard Requirements are the same as those that were enacted as a component of the Lakeview Interim Zoning District. The ordinance permits the re-establishment or structural alteration of existing two-family dwellings, but prohibits the construction of new two-family dwelling units. The Height, Area, and Yard Requirements are predominantly the same as those for the RD-2 Two Family Residential District, however, the IZD regulations increased the side yard setback requirements for dwelling units by one (1) foot to a total of four (4) feet per side yard, increased the minimum aggregate width of side yards from twenty (20%) percent to twenty five (25%) percent, and increased the minimum lot area for single-family dwelling units from 4,400 square feet to 5,000 square feet. The 5,000 square foot minimum lot area for single-family dwelling units is a reflection of the RS-2 Single Family Residential Zoning District, which is a component of the proposed LRS-1 Single Family Residential District.
With regard to the Parking and Driveway Requirements, the proposed text of the LRS-1 District regulations has proposed an additional recommendation to the restrictions described in the existing IZD text. The additional text recommends that “For corner properties, off-street parking shall be permitted in the corner sideyard setback”. The staff believes that this recommendation goes against the intent of the current restrictions for parking in a front yard. By permitting parking in the corner sideyard, the result would be obstructed site lines for those dwelling units that front on the subject side streets. The staff believes that parking within yards that are adjacent to a street right-of-way should be prohibited, whether in a front yard setback or in a corner sideyard setback.
·
The proposed recommendation for parking to be permitted in a corner
sideyard is not recommended. Text for deletion is shown in strikethrough.
Special Parking and Driveway Requirements
6. For corner properties, off-street parking
shall be permitted in the corner sideyard.
LRS-2 Lake Vista and Lake Shore Single-Family Residential District
The proposed LRS-2 Lake Vista and Lake Shore Single-Family Residential District is intended to provide for low-density residential development and related uses in the Lakeshore/Lake Vista Neighborhood. The new district would extend roughly from Robert E. Lee Boulevard on the south to parkland adjacent to Lake Pontchartrain on the north, and from West End Boulevard on the west to Beauregard Avenue on the east. The district would include all land occupied by single-family residential uses in the Lakeshore/Lake Vista Neighborhood. Most of the property included in the proposed district is currently zoned RS-1 Single-Family Residential District; a two-block area bounded by West End Boulevard, Topaz, Cameo, and Jewel Streets is zoned RS-2 Single-Family Residential District.
Permitted Uses
As is the case in the proposed LRS-1 District, five uses—private golf courses, farms, railroad tracks, mast-mounted wireless communication facilities, and artist communities—that are permitted under the existing zoning would not be permitted under the new district. None of these uses currently exist within the area of the proposed LRS-2 District. In addition, because the LRS-2 District would only include lots that were initially subdivided for and subsequently developed with single-family homes, no sites of sufficient size would be available to accommodate these uses in the future.
Accessory Uses
Three uses currently authorized as accessory would no longer be authorized as such in the proposed LRS-2 District: accessory uses for farms; boat docks, boathouses, and boat moorings; and temporary offices in a model home for the sale of improved or unimproved lots of record in a subdivision. Because there are no farms or waterfront properties within the proposed district, and because all land within the proposed district has already been subdivided for and improved with single-family dwellings, the staff believes the proposed changes to the list of authorized accessory uses for properties in the new district are reasonable.
Conditional Uses
Of the twenty-nine uses authorized as conditional under the existing zoning, only eight would remain as such under the proposed LRS-2 District. Due to the present absence of the other nineteen uses from the area of the proposed district, and their large size and potential adverse impacts on residential uses, the staff generally supports the proposed changes to the list of authorized conditional uses. However, due to the relatively small size of the existing lots in the area and the historical pattern of single-family residential development, the staff further recommends that hunting preserves be removed from the list of authorized conditional uses. Due to the possibility of a “Katrina” museum, which has been suggested for the area, the staff supports the inclusion of museums as conditional within the LRS-2 Lake Shore and Lake Vista Single-Family Residential District. Public and private secondary schools, on the other hand, would no longer be conditional uses under the LRS-2 District. Although no sites of sufficient size to allow for secondary schools presently exist within the LRS-2 District
[5], they are authorized as conditional uses in every existing residential zoning district in the city[6], and are generally viewed as compatible with residential uses. For these reasons, the staff recommends that secondary schools be authorized as conditional uses—which would still require a high level of scrutiny and the imposition of conditions on any such proposal—within the proposed LRS-2 Lake Vista and Lake Shore Single-Family Residential District.
2.
Hunting preserves when located on a site of at least 100 acres and provided the
gross floor area of any building(s) or structure(s) shall not exceed 2,500
square feet of floor area.
9. Public or private junior high or senior high schools having the curriculum essentially the same as ordinarily given in public junior or senior high schools.* (See Section 11.38)
10. Public or private elementary schools having the curriculum essentially the same as ordinarily given in public elementary schools, including kindergartens.* (See Section 11.37)
Permitted Signs
The LRS-2 District would also prohibit signs for home occupations and signs advertising new subdivisions. Given that the area has already been developed, the staff supports the prohibition on subdivision advertisement signs. The staff has been informed that commercial signage is not permitted under covenants within the Lake Vista subdivision. However, home occupations are permitted within the proposed district, and the small name plate signs for such uses seem to fit the spirit of the covenant because they are limited to just one square foot in size. The staff therefore recommends that these signs be permitted in the LRS-2 Lake Vista and Lake Shore Single-Family Residential District.
9. A sign limited in area to one (1) square foot, for identification of permitted home occupations or office use.
Height, Area, and Yard Requirements of LRS-2
The proposed LRS-2 Lake Vista and Lake Shore Single Family Residential District Height, Area, and Yard Requirements are essentially the same as those within the RS-1 Single Family Residential District, with the following noted exceptions. The minimum side yard setback requirements for all dwelling units has been increased by three (3) feet to a total of six (6) feet and the minimum rear yard setback requirements for all dwelling units has been reduced by five (5) feet to a total of fifteen (15) feet. In addition, based on the Lake Vista covenant regulations, provisions for a minimum required aggregate depth of rear yard of sixteen (16%) percent and a maximum depth of rear yard of twenty (20) feet have been added. In order to further coincide with the Lake Vista covenant regulations, the staff also recommends that a note be added to the LRS-2 Lake Vista and Lake Shore Single Family Residential District Height, Area, and Yard Requirements table indicating that no minimum yard requirements shall be so interpreted that lot coverage for dwelling shall exceed thirty (30%) percent.
In addition to revised Height, Area, and Bulk Regulations, the request also includes proposed Lake Vista Fence Requirements. These sub-district regulations limit the height of fences along the front yard lines to eighteen (18) inches and to five (5) feet on the side and rear yard lines.
[7] The staff believes that this request is acceptable, however, the proposed restrictions will need to be noted as part of Article 15, Section 15.6.1 Fences, Walls, and Hedges (In All Districts Except the Vieux Carre Districts). While the body of the text of this section will not need to be changed, the heading will need to be altered to include the Lake Vista Residential Districts as exceptions. The recommended additional language is shown in bold, underlined font.
15.6.1 Fences, Walls, and Hedges (In All Districts Except the Vieux Carre, Lake Vista & Lakeshore Single-Family Residential, and Lake Vista Two-Family Residential Districts).
LRS-3 Lakewood & Country Club Gardens Single-Family Residential District
The proposed LRS-3 Lakewood & Country Club Gardens Single-Family Residential District is intended to provide for spacious, low-density residential development and related uses. As proposed, it would cover almost the entirety of the Lakewood Neighborhood, extending roughly from Veterans Highway to Palmetto Street, and from West End Boulevard/Interstate Highway 10 to the Orleans Parish Line. Two small areas within the neighborhood—the area bounded by Interstate Highway 610, Fleur de Lis Drive, Veterans Highway and West End Boulevard, and three squares located between the New Orleans Country Club and the southern boundary of Planning District 5—would be in the proposed LRD-2 Lakewood/Parkview Two-Family Residential District. Most of the property included in the proposed LRS-3 District is currently zoned either RS-1 Single-Family Residential District or RS-2 Two-Family Residential District. One large lot near the corner of Country Club Drive and Cherlyn Drive is zoned RD-2 Two-Family Residential District; this property, however, is covered by an RPC Residential Planned Community District overlay that limits its use to that of a gymnastic school or any use permitted in the RS-1 Single-Family Residential District.
[8]
Permitted Uses
There is no difference between the RS-1 District and the RS-2 District with regard to authorized uses or signs. The RD-2 District includes all authorized uses and signs in both the RS-1 and RS-2 Districts, and differs from both of these by the inclusion of two-family dwellings as permitted uses and by the authorization of several large recreational and commercial uses as conditional. However, as noted above, only one lot within the area of the proposed LRS-3 District is currently zoned RD-2 Two-Family Residential, and is further restricted to specific uses and area standards by an RPC Residential Planned Community District overlay.
As in the case of the other proposed Lake Area residential districts, the LRS-3 District would differ from existing zoning principally by the removal of various land uses from the existing lists of authorized uses. Four of the same uses eliminated from the list of permitted uses in the two other Lake Area single-family residential districts—private golf courses, farms, mast-mounted wireless communication facilities, and artist communities—would likewise be eliminated in the LRS-3 District, and the staff generally supports this change for the same reasons as stated above. Given the longstanding existence of the New Orleans Country Club at its present site, however, the staff recommends that private golf courses be restored to the list of permitted uses within the proposed Lakewood/Country Club Gardens Single-Family Residential District and that the proposed map be changed to include the New Orleans Country Club within the LRS-3 Lakewood and Country Club Gardens Single-Family Residential District. The fifth—railroad tracks—would be permitted in the LRS-3 District, ostensibly to preserve the right of the owner of railroad tracks adjacent to Metairie Cemetery to maintain or re-establish that use, which does not concern the staff. However, homes for the aged and truck gardens, which would be permitted in the LRS-1 and LRS-2 Districts, would not be permitted in the LRS-3 District. These uses are permitted within all other residential districts in the City, except the RS-1A Single-Family Residential District. The staff is not aware of any currently existing truck gardens within the Lakewood/Country Club Gardens area, and is not aware of any great need to provide for them in the future. Homes for the aged, however, may be necessary within the area in the future, given the number of elderly people, and the staff is concerned that prohibiting them altogether within the proposed Lakewood/Country Club Gardens area could be seen as discriminatory.
4. Recreational uses:
c. Private golf courses operated on sites of not less than seventy-five (75) acres, provided that no building or accessory use is located closer than 100 feet from adjoining property lines.
5. Public and private forests, wildlife
reservations, and similar conservation projects.
5. Homes for the aged, nursing homes, convalescent homes, and orphan homes.* (See Section 11.23)
Accessory Uses
Accessory uses for farms, boat docks, boathouses and boat moorings, and slot machines for horse race tracks would no longer be authorized as accessory uses under the proposed zoning LRS-3 District. Because no main uses for which these uses would be necessary exist within the proposed district, the staff supports this change. However, temporary offices in a model home for the sale of improved or unimproved lots in a subdivision would be authorized as accessory uses in the LRS-3 District, although they would not be allowed in either of the other Lake Area single-family residential districts. The staff supported the prohibition of this use in those districts because the land within them is already subdivided into lots of appropriate size for single-family homes. However, should any land portion of the New Orleans Country Club ever be sold for residential subdivision, a temporary office in a model home is a reasonable use.
Conditional Uses
Eighteen conditional uses authorized in the RS-1 and RS-2 Districts would no longer be authorized in the LRS-3 District. Most of these uses—among them airports, hunting preserves, and sewerage treatment plants—are highly specialized in nature and significantly impact adjacent and nearby properties. The staff therefore generally supports their removal from the list of authorized conditional uses. However, both elementary and secondary schools would also no longer be conditional uses under the LRS-3 District. Although no sites of sufficient size to allow for either elementary or secondary schools presently exist within the LRS-3 District
[9], as is also the case in the proposed LRS-2 District (see above), schools are authorized as conditional uses in every existing residential zoning district in the city[10], and are generally viewed as compatible with residential uses. There is further no mention in the District 5 UNOP Plan of any reason why schools should be prohibited from operating within any the area of the proposed district. In addition, damage to the city’s public and private school infrastructure following Hurricane Katrina, and the consequent reorganization of those systems, has resulted in a growing demand for additional school sites within the city. For these reasons, the staff recommends that both elementary and secondary schools be authorized as conditional uses—which would still require a high level of scrutiny and the imposition of conditions—within the proposed LRS-3 Lakewood and Country Club Gardens Single-Family Residential District. The LRS-3 District does validate the presence of Metairie Cemetery by authorizing cemeteries and mausoleums as conditional uses. Several other uses, authorized as conditional in the RD-2 District, would no longer be allowed under the LRS-3 District; however, as stated above, only one lot within the area of the proposed district is zoned RD-2, and is overlaid with an RPC District that specifically limits the use of the site to a gymnastic school or any other use permitted in the RS-1 Single-Family Residential District. One new use—light rail rights-of-way—is proposed as an authorized conditional use in the LRS-3 District, which the staff supports for the reasons stated above.
12. Public or private elementary schools having the curriculum essentially the same as ordinarily given in public elementary schools, including kindergartens.* (See Section 11.37)
13. Public or private junior high or senior high schools having the curriculum essentially the same as ordinarily given in public junior or senior high schools.* (See Section 11.38)
Permitted Signs
As was the case in the LRS-2 District, the LRS-3 District would also prohibit signs for home occupations. Home occupations are permitted within the proposed district, and signs for such uses are permitted within other residential districts throughout the city. The staff therefore recommends that such signs be permitted in the LRS-3 District.
10. A sign limited in area to one (1) square foot, for identification of permitted home occupations or office use.
Height, Area, and Yard Requirements of LRS-3
The proposed LRS-3 Lakewood and Country Club Gardens Single Family Residential District Height, Area, and Yard Requirements apply to those specific areas described previously. The general area regulations apply to those specific area(s) proposed as Lakewood/Country Club Gardens that are currently zoned RS-1 Single Family Residential District and the table reflects those provisions exactly. The “special area” regulations apply to those specific area(s) proposed as Lakewood/Country Club Gardens that are currently zoned RS-2 Single Family Residential District and the applicable table is reflected as such. A recent communication addressed to the City Planning Commission called attention to the proposed two sets of area regulations for the Country Club Gardens Single Family Residential District. The letter essentially recommends that all areas currently within the RS-1 Single Family Residential District be subject to set of regulations requiring the larger minimum lot size and all areas currently within the RS-2 Single Family Residential District be subject to the set of regulations with the smaller required minimum lot size. The staff generally agrees with this proposal and will present the tables as such for the next CPC meeting.
LRD-1 Lake Vista Two-Family Residential District
The proposed LRD-1 Lake Vista Two-Family Residential District is intended to provide for two-family dwellings and related uses within a small area of the Lakeshore/Lake Vista Neighborhood. As proposed, it would form a roughly triangular area, bounded by Robert E. Lee Boulevard on the south, Spanish Fort Boulevard on the east, and a line extending from the corner of Robert E. Lee Boulevard and Marconi Drive to the Lake Vista United Methodist Church on the northwest. The entirety of the proposed LRD-1 Lake Vista Two-Family Residential District is currently zoned RD-1 Two-Family Residential District. The area forms a part of the Lake Vista subdivision that was historically improved with a mixture of single- and two-family dwellings. Most of the Lake Vista subdivision would be zoned LRS-2 Lake Vista and Lake Shore Single-Family Residential District; a small area at the terminus of Wren Street would be zoned LRM-1 Lake Area Low-Rise Multiple-Family Residential District, and property around and including the Lake Vista United Methodist Church would be zoned LB-1 Lake Area Neighborhood Business District.
Permitted Uses
The proposed LRD-1 Lake Vista Two-Family Residential District generally allows the same uses as the adjacent proposed LRS-2 Lake Vista and Lake Shore Two-Family Residential District along with a few additional authorized uses, while prohibiting several uses that are authorized under the existing RD-1 Two-Family District zoning. Private golf courses, farms, railroad tracks, mast-mounted wireless communication facilities, artist communities, and town houses would no longer be permitted under the proposed LRD-1 District.
Accessory Uses
Accessory uses for farms, boat docks, boathouses, and boat moorings, and temporary offices in model homes for the sale of improved or unimproved lots in a subdivision would no longer be authorized as accessory uses.
Conditional Uses
Of the thirty-eight uses authorized as conditional under the existing RD-1 District, only ten would remain as such under the proposed LRD-1 District. As with changes to the authorized permitted and accessory uses of other Lake Area residential districts, the staff generally supports these changes due both to the historic absence of these uses and the lack of a forecasted need for them within the area of the proposed LRD-1 District. The changes to the list of authorized conditional uses and permitted signs under the LRD-1 District, and the resultant staff recommendations, are similar to those of the LRS-2 District. Due to the present absence of the other twenty-nine uses from the area of the proposed district, and their large size and potential adverse impacts on residential uses, the staff generally supports the proposed changes to the list of authorized conditional uses. However, due to the relatively small size of the existing lots in the area and the historical pattern of single-family residential development, the staff further recommends that hunting preserves and museums be removed from the list of authorized conditional uses. Public and private secondary schools, on the other hand, would also no longer be conditional uses under the LRD-1 District. Although no sites of sufficient size to allow for secondary schools presently exist within the LRD-1 District,
[11] they are authorized as conditional uses in every existing residential zoning district in the city,[12] and are generally viewed as compatible with residential uses. There is further no mention in the District 5 UNOP Plan of any reason why schools should be prohibited from operating within any the area of the proposed district. For these reasons, the staff recommends that secondary schools be authorized as conditional uses—which would still require a high level of scrutiny and the imposition of conditions on any such proposal—within the proposed LRD-1 Lake Vista Two-Family Residential District.
Permitted Signs
The LRD-1 District would also prohibit signs for home occupations and signs advertising new subdivisions. Given that the area has already been developed, the staff supports the prohibition on subdivision advertisement signs. However, home occupations are permitted within the proposed district, and signs for such uses are permitted within other residential districts throughout the city. The staff therefore recommends that such signs be permitted in the LRS-2 District. No additional text is recommended for this section of the LRD-1 District regulations since it refers back to the LRS-2 District, where such change has already been recommended.
Height, Area, and Yard Requirements of LRD-1
The proposed LRD-1 Lake Vista Two Family Residential District Height, Area, and Yard Requirements are essentially the same as those within the RD-1 Two Family Residential District, with the following noted exceptions. The minimum side yard setback requirements for all dwelling units has been increased by three (3) feet to a total of six (6) feet, the minimum rear yard setback requirements for all dwelling units has been increased by five (5) feet to a total of twenty (20) feet, and the provisions for townhouses have been removed from the chart. The staff recommends, also, to correspond with the Lake Vista covenant regulations, that a note be added to the LRD-1 Lake Vista and Lake Shore Single Family Residential District Height, Area, and Yard Requirements table indicating that no minimum yard requirements shall be so interpreted that lot coverage for dwelling shall exceed thirty (30%) percent.
In addition to revised Height, Area, and Bulk Regulations, the request also includes proposed Lake Vista Fence Requirements. These sub-district regulations limit the height of fences along the front yard lines to eighteen (18) inches and to five (5) feet on the side and rear yard lines.
[13] The staff believes that this request is acceptable, however, the proposed restrictions will need to be noted as part of Article 15, Section 15.6.1 Fences, Walls, and Hedges (In All Districts Except the Vieux Carre Districts).
Recommended modifications to proposed text
The recommended modifications to the list of authorized permitted and conditional uses and permitted signs would be accomplished by the modifications to the list of authorized uses and signs in the LRS-2 Lake Vista and Lake Shore Single-Family Residential District, as recommended previously.
LRD-2 Lakewood/Parkview Two-Family Residential District
The proposed LRD-2 Lakewood/Parkview Two-Family Residential District is intended to provide for two-family dwellings and related uses within more densely populated areas of the Planning District 5. As proposed, it would be applied to three general areas throughout the Planning District that have historically been improved with a mixture of single-family and two-family dwellings. First, it would replace a small RD-2 Two-Family Residential District in the Lakewood Neighborhood, bounded by Fleur de Lis Drive, Veterans Highway, Pontchartrain Highway, and Interstate Highway 610. Second, it would cover a small number of properties located adjacent to the New Orleans Country Club, along the southern edge of Planning District 5, that are currently zoned either RS-2 Single-Family Residential District or RD-2 Two-Family Residential District. Finally, it would be applied to most of the land outside City Park but in the City Park Neighborhood, bounded by City Park Avenue, Bayou St. John, Orleans Avenue, North Carrollton Avenue, and Toulouse Street
[14]. The majority of this area is currently RD-2 Two-Family Residential District or RD-3 Two-Family Residential District, although it also includes a small B-1 Neighborhood Business District at the corner of Orleans Avenue and Olga Street.
Permitted Uses
As in the case of the other proposed Lake Area residential districts, the LRD-2 District would differ from existing zoning principally by the removal of various land uses from the existing lists of authorized uses. Four land uses that were removed from the list of permitted uses in several of the other proposed Lake Area residential districts—private golf courses, farms, mast-mounted wireless communication facilities, and artist communities—would also be prohibited in the LRD-2 District, and the staff supports this change for the same reasons as stated previously. However, as is the case with the proposed LRS-3 District, homes for the aged and truck gardens would not be permitted in the LRD-2 District. These uses are permitted within all other residential districts in the City, except the RS-1A Single-Family Residential District, and in two of the proposed Lake Area Single-Family Residential Districts. The CPC staff is not aware of any fact that would support prohibiting these uses, and therefore recommends that they both be added to the list of authorized permitted uses within the LRD-2 District. In addition, as with other Lake Area residential districts, there are no sites sufficient to accommodate public and private forests or wildlife preserves in the LRD-2 District. Finally, two-family dwellings would be added to the list of authorized permitted uses for a small number of properties located along the southern edge of Planning District 5 that are presently zoned RS-2.
Accessory Uses
Accessory uses for farms, boat docks, boathouses and boat moorings, and slot machines for horse race tracks would no longer be authorized as accessory uses under the proposed zoning LRD-2 District. As with some of the other proposed Lake Area residential districts, the staff supports this change because no main uses for which these uses would be necessary exist within the proposed district. However, temporary offices in a model home for the sale of improved or unimproved lots in a subdivision would be authorized as accessory uses in the LRD-2 District, although they would not be allowed in either of the other Lake Area single-family residential districts. The staff supported the prohibition of this use in those districts and in the proposed LRS-3 Lakewood/Country Club Gardens Single-Family Residential District because the land within them is already subdivided into lots of appropriate size for single-family homes. Given that this condition holds true within the area of the proposed LRD-2 District, the staff recommends that this use be removed from the list of authorized accessory uses therein.
Conditional Uses
As was the case in the other proposed Lake Area residential districts, several conditional uses authorized under the existing zoning would be prohibited in the LRD-2 District. Most of these uses—among them airports, hunting preserves, and sewerage treatment plants—are highly specialized in nature and significantly impact adjacent and nearby properties. The staff therefore generally supports their removal from the list of authorized conditional uses. Unlike some of the other proposed districts, elementary, junior, and high schools would be authorized as conditional within the proposed LRD-2 Lakewood/Parkview Two-Family Residential District, which the staff also supports. Two new uses—light rail rights-of-way and educational and philanthropic institutions—are proposed for authorization as conditional uses in the LRD-2 District. As noted above, the staff supports the authorization of light rail rights-of-way as conditional within Planning District 5, in order to provide for the possibility of providing for alternate modes of transportation. Similarly, although the staff is unaware of any plan to provide for educational facilities and other institutions, these uses would not adversely affect adjacent residential properties. The staff therefore supports the authorization of these uses as conditional within the LRD-2 District.
Permitted Signs
As was the case in other proposed Lake Area residential districts, the LRD-2 District would also prohibit signs for home occupations. The staff therefore recommends that such signs be permitted in the LRD-2 District for the same reasons stated above.
Height, Area, and Yard Requirements of LRD-2 District
The proposed LRD-2 Lakewood/Parkview Two Family Residential District Height, Area, and Yard Requirements apply to those specific areas described previously. The general area regulations apply to those specific area(s) proposed as Lakewood/Parkview that are currently zoned RD-2 Two Family Residential District and the table reflects those provisions exactly. The “special area” regulations apply to those specific area(s) proposed as Lakewood/Parkview that are currently zoned RD-3 Two Family Residential District and the applicable table is reflected as such.
Recommended modifications to proposed text
The recommended modifications to the list of authorized permitted, accessory, and conditional uses and permitted signs would, for the most part, be accomplished by the modifications to the list of authorized uses and signs in the LRS-3 Lakewood/Country Club Gardens Single-Family Residential District, as recommended previously.
LRM-1 Lake Area Low-Rise Multiple-Family Residential District
The proposed LRM-1 Lake Area Low-Rise Multiple-Family Residential District is intended to provide for medium density residential development in low-rise structures. As proposed, it would be applied to five relatively small areas throughout Planning District 5 that have historically been improved primarily with multiple-family dwellings and educational structures. The first of the proposed new LRM-1 Districts would include two lots at the terminus of Wren Street, which are occupied by eight two-story multiple-family dwellings. These properties are currently zoned RM-2 Multiple-Family Residential District, and have historically been the only multiple-family residential structures in the Lake Vista subdivision.
The second proposed LRM-1 District would cover several lots on two City squares located generally behind the Robert E. Lee shopping center, between Sapphire, Jewel, and Cameo Streets and West End Boulevard. Approximately half of these properties are currently zoned RM-4 Multiple-Family Residential District, and are improved with small multiple-family residential structures ranging in height from two to four stories. The other half of the area of this proposed LRM-1 District—the properties located between Sapphire and Opal Streets—is zoned C-1 General Commercial District and is occupied by a paved parking lot for the adjacent shopping center.
The third proposed LRM-1 District would comprise several lots on all or part of five City squares near the corner of Fleur de Lis Drive and 36th Street. These properties are currently zoned B-1 Neighborhood Business District, and are occupied by ten multiple-family structures, three vacant lots, an electric utility substation facility, a two-family dwelling, and three single-family dwellings. The fourth proposed LRM-1 District would encompass several lots on all or part of five City squares, generally centered on the corner of Virginia and Conti Streets. The properties within this proposed district are all currently zoned RM-2 Multiple-Family Residential District, and are predominantly occupied by multiple-family dwellings. Three lots (A, B, and 19 of Square 634), however, are occupied by part of the accessory parking lot for the City’s Municipal Training Academy, which also occupies the entirety of the adjacent Square 625. The final LRM-1 District would replace approximately three quarters of an existing RM-4 Residential Multiple-Family District which is occupied by the City Park Campus of Delgado Community College. The remainder of the existing RM-4 District is used as green space, and is proposed to be rezoned LP Lake Area Park and Recreation District.
Permitted Uses
As with the other proposed residential districts, the LRM-1 District would differ from the existing zoning primarily through the prohibition of a variety of uses that currently are allowed. Four uses—private golf courses, farms, mast-mounted wireless communication facilities, and artist communities—that are permitted in both of the existing residential districts would no longer be authorized as such within the LRM-1 District, which the staff supports for the reasons stated above. Four other uses—rooming, boarding and lodging houses, colleges and universities, apartment hotels, and residential care centers—would similarly no longer be permitted in the two proposed LRM-1 Districts that are currently zoned RM-4 Multiple-Family Residential. The staff also supports this change, given that these uses are permitted only in the highest-density residential district of the City, whereas the proposed LRM-1 District is intended to provide for medium-density residential development more consistent with the existing RM-2 Multiple-Family Residential District. As noted above with regard to the other proposed Lake Area residential districts, however, there are no sites sufficient to accommodate public and private forests or wildlife preserves in the proposed LRM-1 District.
A much greater change would occur, however, within the proposed LRM-1 District around the corner of 36th Street and Fleur de Lis Drive. Thirty-one commercial uses authorized as permitted in the B-1 Neighborhood Business District would no longer be allowed under the proposed LRM-1 zoning district. As noted above, the properties within this district have for several years been used mostly for residential purposes, which may indicate a lack of demand for commercial uses in the immediate area of this district. Many of these currently permitted uses would more intensely impact adjacent properties, which are improved with a mixture of single- and two-family dwellings. Finally, a large amount of property along Harrison Avenue is proposed to be changed from RD-2 Residential Two-Family District zoning to LB-1 Lake Area Neighborhood Business District zoning, which would provide for additional commercial uses not far from this proposed LRM-1 District.
Accessory Uses
The changes to the list of authorized accessory uses in the proposed LRM-1 District follow the same pattern as those that are proposed for permitted uses. Accessory uses for farms would be prohibited in all the areas currently zoned residentially, retail and service facilities for multiple-family structures would be prohibited in areas currently in an RM-4 District, and three accessory uses for business would no longer be allowed in the small area currently zoned B-1 Neighborhood Business District.
Conditional Uses
Twenty conditional uses, of an intense and specialized nature, that are authorized in both existing residential zoning districts would be prohibited in the LRM-1 District. Two other uses that are only authorized as conditional in the RM-4 District would be prohibited in the LRM-1 District, which is consistent with the purpose of the district to provide for low-rise, medium-density development. Eleven uses authorized as conditional in the existing B-1 Neighborhood Business District—among them prisons, cocktail lounges, and automobile service centers—would not be allowed under the proposed LRM-1 District zoning. Finally, three uses—light rail tracks, educational and philanthropic institutions, and television stations—that are not authorized under the existing zoning would be allowed as conditional in the LRM-1 District. The staff is generally supportive of this change for the same reasons as stated above with regard to the LRD-2 District.
Adjacent to Delgado Community College, Holt Cemetery is present within a proposed LRM-1 Lake Area Low Rise Multiple Family Residential District. Its presence is validated and authorized as a conditional use through referral to the cemeteries and mausoleums authorized as conditional uses in the LRS-3 Lakewood and Country Club Gardens Single Family Residential District.
Permitted Signs
Finally, with regard to permitted signage, the proposed LRM-1 District would allow for the same signs as the existing residential districts, except that signs giving the name, address, or management of multiple-family dwellings and other permitted large structures would be prohibited. The existing zoning limits the area of such signs to one square foot per dwelling unit up to a maximum of fifty square feet. The staff is unaware of any residential structures within a proposed LRM-1 District that has greater than fifty units, and based site visits, most appear to contain fewer than ten units. In addition, the required minimum lot area per dwelling unit of 1,000 square feet in the proposed LRM-1 District would require that any new residential structure be situated on a site of at least 50,000 square feet in order to post a sign of the maximum size permitted under the existing zoning. No property of such a size appears to exist within one of the proposed LRM-1 Districts. The staff therefore recommends that the language of the proposed LRM-1 District be modified to permit these signs. Eight other presently permitted signs would be prohibited under the LRM-1 District. Because these signs are permitted within the existing RM-4 and B-1 Districts, both of which are intended to provide for more intense use than the proposed LRM-1 District, the staff supports this change.
3. A sign limited in area to one (1) square foot for each dwelling unit up to a maximum of fifty (50) square feet, giving the name and/or address or management of a multiple-family dwelling or group of multiple-family dwellings, or a convent or monastery, or similar public or semipublic institutional use permitted within the district.
Height, Area, and Yard Requirements of LRM-1
The proposed LRM-1 Lake Area Low-Rise Multiple Family Residential District Height, Area, and Yard Requirements apply to those specific areas described previously. The area regulations are generally the same as the RM-2 Multiple Family Residential District, with the exception that the Maximum Floor Area Ratio for Five+ Family development has been increased from FAR 1.0 to FAR 1.5.
Recommended modifications to proposed text
The recommended modifications to the list of authorized permitted, accessory, and conditional uses and permitted signs would, for the most part, be accomplished by the modifications to the list of authorized uses and signs in the LRM-1 Lake Area Low-Rise Multiple-Family Residential District, as recommended above.
LRM-2 Lake Area High-Rise Multiple-Family Residential District
The proposed LRM-2 Lake Area High-Rise Multiple-Family Residential District is intended to provide for high density residential development in medium- to high-rise structures in proximity to other types of development. As proposed, it would be applied to one small area encompassing multiple lots bounded by Lake Marina Avenue, Regent Street, Hammond Highway, and the Orleans Parish Line. Most of the area of the proposed LRM-2 District is currently within an RM-4 Multiple-Family Residential District. One lot at the corner of Regent Street and West Robert E Lee Boulevard is within a small B-1A Neighborhood Business District. However, this property was changed from an RD-2 Two-Family Residential District to a B-1A Neighborhood Business District with a title restriction that limited its use to green space. It was subsequently added to an RPC Residential Planned Community District overlay
[15].
Permitted Uses
As with the other Lake Area residential districts, the major change between the LRM-2 District and the existing zoning is the prohibition of selected uses. Eight uses would no longer be permitted on those properties that are currently within the RM-4 Multiple-Family Residential Ditrict. Four of these have been proposed for prohibition in all of the other Lake Area residential districts, which the staff supports here as well for the reasons stated previously. The staff recommends that the fifth, however—convents and monasteries—be included in the list of authorized permitted uses. Although few sites sufficient to accommodate this use exist within the proposed LRM-2 district, this use, as well as other religious uses, is permitted within the RM-2 and RM-4 Multiple-Family Residential Districts, and the staff is unaware of any adverse impacts that would result from such a use. Colleges and universities similarly require a larger amount of space than could be provided within the relatively small LRM-2 District.
8. Convents and monasteries.
Accessory Uses
The only use removed from the list of authorized accessory uses under the LRM-2 District is accessory uses for farms, which is consistent with the changes to the other Lake Area residential districts and the recommended prohibition of farming uses.
Conditional Uses
As with the other proposed residential districts, the changes to the list of authorized conditional uses in the proposed LRM-2 District follow the same pattern as those that are proposed for permitted uses. Nineteen conditional uses that are authorized in the existing RM-4 District would be prohibited in the LRM-2 District. Several of these—such as asphalt batching plants and horse race tracks—are highly intense and could not exist harmoniously with the residential uses in the densely built and relatively compact LRM-2 Lake Area High Rise Multiple-Family Residential District. Others—such as marinas and offices for large real estate developments
[16]—could not be accommodated within the LRM-2 District by definition. Some others—convents and monasteries, rooming, boarding, and lodging houses—have not existed historically within the proposed Lake Area High Rise Multiple-Family Residential District. The staff is not highly concerned as to their prohibition within the LRM-2 District, because they are allowed throughout the rest of the city in RM-4 Districts. Finally, four new uses—light rail tracks, educational and philanthropic institutions, television stations, and residential care centers—would be allowed as conditional in the LRM-2 District. The staff is generally supportive of this change for the same reasons as stated above with regard to the LRD-2 and LRM-1 Districts. No changes are proposed to the list of permitted signs under the existing zoning and the proposed LRM-2 District.
Height, Area, and Yard Requirements of LRM-2
The proposed LRM-2 Lake Area High-Rise Multiple Family Residential District Height, Area, and Yard Requirements apply to those specific areas described previously. The area regulations are generally the same as the RM-4 Multiple Family Residential District, with the exception that the Maximum Height for all development has been limited to two hundred forty five (245) feet, where there was previously no height limit. The maximum height for townhouses remains at forty (40) feet.
LB-1 Lake Area neighborhood Business District
The LB-1 District is proposed to cover several different areas throughout Planning District 5 where existing RS-2 Single Family Residential, RO General Office, B-1 and B-1A Neighborhood Business Districts are located. The small-scale structures and limited uses permitted within the LB-1 District make it neighborhood-friendly and appropriate for application adjacent to single family residential districts. A key feature of the LB-1 District is that it prohibits uses or structures in excess of 5,000 square feet. Another special characteristic – different from all other business and commercial districts in the City - is that it does not authorize multiple-family residential uses. Alcoholic beverage sales – for consumption on or off premises – require a conditional use. The lower Canal Boulevard commercial corridor between City Park Avenue and Greenwood Street is proposed for inclusion in the LB-1 District.
Purpose of the District
The purpose of this District is to provide for small
offices, retail shopping, and personal services uses, to be developed either as
a unit or in individual parcels, to serve the needs of a relatively small area,
primarily nearby, low-density residential neighborhoods. To enhance the
general character of the district and its compatibility with adjacent
residential neighborhoods, this category has a limitation on maximum gross
square footage of uses and structures permitted by right of 5,000 square feet.
This district may also be combined with the Lake Area Design Corridor Overlay
District, to achieve superior design, landscaping and unified sign criteria
across zoning district boundaries.
Uses Authorized in the District
To enhance the general character of the district and
its compatibility with adjacent residential neighborhoods, this category has a
limitation on maximum gross square footage of uses and structures permitted by
right of 5,000 square feet. Uses and structures shall be limited to a
maximum of 5,000 square feet of gross floor area. Uses exceeding 5,000
square feet shall be prohibited.
Permitted Uses
Proposed permitted uses in the LB-1 Lake Area Business District include any use permitted in the LRS-1 Lakeview Single Family Residential District. From that starting point, 31 additional uses are permitted that include those typically found in neighborhood business districts: new two-family residential dwellings, retail, offices, personal services, small equipment repair shops, gasoline stations, Laundromats, locksmiths, parking lots, standard and cafeteria restaurants, health clinics, animal clinics, elementary and secondary schools, banks (with drive-thru under certain conditions) and bed & breakfasts. Tattoo and massage parlors are prohibited.
33. Plumbing shops
34. Printing shops
35. Museums
Accessory Uses
Proposed accessory uses in the LB-1 Lake Area Business District include any accessory use allowed in the LRS-1 Lakeview Single Family Residential District, storage in connection with a permitted use, and ice machines. Different from the B-1 Neighborhood Business District, the rental of household moving trucks or trailers is not authorized.
Conditional Uses
Proposed conditional uses in the LB-1 Lake Area Business District include any conditional use allowed in the LRS-1 Lakeview Single Family Residential District. In addition, seven more uses are authorized including cocktail lounges up to 2,500 square feet, fast food restaurants, live entertainment in a permitted restaurant (limited to a unamplified soloist or combo up to three members,) banks with drive-thru (that do not meet specified standards,) automobile service, automobile/parts sale, and permitted uses which sell alcoholic beverages for consumption on or off premises. Conditional uses are limited to a maximum of 5,000 square feet. The LB-1 District’s regulations do not make any accommodation for the cemetery and mausoleum within the proposed District boundaries, despite the presence of one in the lower Canal Boulevard commercial corridor. Staff recommends validating this use by authorizing it as a conditional use, subject to the Supplemental Use Standards of Article 11, Section 11 of the Comprehensive Zoning Ordinance.
CPC staff believes that the prohibition on multiple family residential uses within the LB-1 Lake Area Neighborhood Business District is inappropriate. Main boulevards in proximity to transit lines and commercial uses are appropriate locations for multiple family dwellings where some residents may not have access to an automobile. While the neighborhood residents of Planning District 5 understandably want to preserve their low-density environment, City Planning staff believes that multiple family residential uses in limited areas can be constructed with low density and still maintain that environment. There is an added benefit if this density of potential consumers occurs adjacent to businesses. Authorizing up to four residential units through the conditional use process could allow slightly more density in appropriate locations while maintaining a significant level of review and discretion. In certain corridors, multiple family residential could also be subject to the proposed Lake Area Design Corridor Overlay District standards.
10. Multiple family residential uses up to four residential units subject to the area regulations of the LRM-1 Lake Area Low-Rise Multiple Family Residential District.
Permitted Signs
Proposed signage regulations in the LB-1 Lake Area Business District are similar to those of the B-1 Neighborhood Business District with a few differences. Monument signs are more limited in maximum size and height. The maximum height difference is 30 feet in the B-1 District versus just 12 feet in the LB-1 District. The LB-1 District also does not permit general advertising on public transit waiting stations. CPC staff is concerned that this prohibition could be detrimental to one of the few ways the New Orleans Regional Transit Authority can raise revenue without additional government subsidies or increasing passenger fares.
7. One (1) flat, double-faced general advertising sign illuminated or nonilluminated, limited in area to thirty (30) square feet shall be permitted on public transit waiting stations, provided that no such advertising sign shall be placed higher than nine (9) feet or to the roofline of the public transit waiting station, whichever is lower, and provided that no advertising signs on bus shelters shall be constructed in any historic district in the City of New Orleans without the prior approval of the appropriate Historic District Commission.
Height, Area, and Yard Requirements of LB-1 District
The proposed LB-1 Neighborhood Business District Height, Area, and Yard Requirements apply to those specific areas described previously. The area regulations are generally the same as the B-1 Neighborhood Business District, with the following noted exceptions. The minimum yard on a side street has been increased to ten (10) feet, where there was previously no requirement; the minimum interior side yard has been increased to four (4) feet, where there was previously no requirement; and minimum side or rear yard (if any is provided) has been increased from three (3) to four (4) feet.
[17]
LB-2 Lake Area neighborhood Business District
The LB-2 District is proposed to cover several different areas throughout Planning District 5 where existing B-1, B-1A, and B-2 Neighborhood Business Districts are located. The mid-scale structures and limited uses permitted within the LB-2 District make it neighborhood-friendly and appropriate for application adjacent to single family residential districts as long as the business district is located in a commercial corridor/center and on a major street. A key feature of the LB-2 District is that it requires a conditional use for new structures in excess of 5,000 square feet. Uses or structures in excess of 25,000 square feet are prohibited. Another special characteristic – different from all other business and commercial districts in the City - is that it does not authorize multiple-family residential uses. Alcoholic beverage sales – for consumption on or off premises – require a conditional use.
Purpose of the District
The purpose of this district is to provide for larger
retail shopping venues and personal service uses, to be developed either as a
unit or in individual parcels, to serve the needs of a relatively small area,
primarily nearby, low to medium density residential neighborhoods. This
category will have limitations on total square footage of retail uses permitted
by right at 5,000 square feet, with conditional uses required for those uses
exceeding 5,000 square feet. This district may also be combined with the
Lake Area Design Corridor Overlay District, to achieve superior design,
landscaping and unified sign criteria across zoning district boundaries.
Uses Authorized in the District
Uses or structures for multiple uses classified as permitted yet exceeding the 5,000 gross square feet maximum shall be classified as conditional uses. Uses or structures exceeding 25,000 square feet shall be prohibited.
Permitted Uses
Proposed permitted uses in the LB-2 Lake Area Business District include any use permitted in the LB-1 Lake Area Business and LRS-1 Lakeview Single Family Residential Districts. From that starting point, eight additional uses are permitted that are perceived as slightly more intense or with characteristics more appropriate for location on a major street. These include lawnmower/garden equipment rental and services, building materials retail, plumbing shops, printing shops, meeting halls, radio/television recording studios, studios for artists, photographers, teachers, sculptors, or musicians, funeral homes and mortuaries. As noted in the analysis of proposed text for the LB-1 Lake Area Business District, several of these are also appropriate for inclusion in the LB-1 District and if the CPC staff’s recommendations are approved, do not need to be listed separately. CPC staff believes health and fitness centers should have more opportunities for location in Planning District 5, rather than solely in the LC District. Health and fitness centers encourage healthy living, are a neighborhood amenity, and do not cause impacts other than the potential for numerous vehicles parking around the hours of 5pm to 7pm. Therefore, areas with larger sites and locations on major streets are more appropriate. In Planning District 5, good potential locations within the LB-2 District include lower Canal Boulevard and Orleans Avenue at Florida Avenue.
10. Health and fitness centers
Accessory Uses
Proposed accessory uses in the LB-2 Lake Area Business District include any accessory use allowed in the LB-1 Lake Area Business and LRS-1 Lakeview Single Family Residential Districts. There are no other authorized accessory uses although two are specifically repeated that are also listed in the LB-1 District. No. 4 is mislabeled and should be listed as No. 3.
Conditional Uses
Proposed conditional uses in the LB-2 Lake Area Business District include any conditional use allowed in the LB-1 Lake Area Business District or the LRS-1 Lakeview Single Family Residential District. In addition, any permitted use of the LB-2 District in excess of 5,000 square feet is also authorized as a conditional use. Also listed as conditional uses are business, vocational, proprietary and industrial training schools as well as fast food restaurants (drive-thru service prohibited.) Uses that sell alcoholic beverages for consumption on or off premises would require a conditional use.
CPC staff believes that the prohibition on multiple family residential uses within the LB-2 Lake Area Neighborhood Business District is inappropriate. Main boulevards in proximity to transit lines and commercial uses are appropriate locations for multiple family dwellings where some residents may not have access to an automobile. While the neighborhood residents of Planning District 5 understandably want to preserve their low-density environment, City Planning staff believes that multiple family residential uses in limited areas can be constructed with low density and still maintain that environment. There is an added benefit if this density of potential consumers occurs adjacent to businesses. Authorizing up to four residential units through the conditional use process could allow slightly more density in appropriate locations while maintaining a significant level of review and discretion. In certain corridors, multiple family residential could also be subject to the proposed Lake Area Design Corridor Overlay District standards.
5. Multiple family residential uses up to four residential units subject to the area regulations of the LRM-1 Lake Area Low-Rise Multiple Family Residential District.
Permitted Signage
Proposed permitted signage in the LB-2 Lake Area Business District is the same as within the LB-1 Lake Area Business District. As with the LB-1 District CPC staff is concerned that the prohibition of general advertising on public transit waiting stations could be detrimental to one of the few ways the New Orleans Regional Transit Authority can raise revenue without additional government subsidies or increasing passenger fares.
7. One (1) flat, double-faced general advertising sign illuminated or nonilluminated, limited in area to thirty (30) square feet shall be permitted on public transit waiting stations, provided that no such advertising sign shall be placed higher than nine (9) feet or to the roofline of the public transit waiting station, whichever is lower, and provided that no advertising signs on bus shelters shall be constructed in any historic district in the City of New Orleans without the prior approval of the appropriate Historic District Commission.
Height, Area, and Yard Requirements of LB-2
The proposed LB-2 Neighborhood Business District Height, Area, and Yard Requirements apply to those specific areas described previously. The area regulations are exactly the same as the B-2 Neighborhood Business District, and are reflected as such in the table.
LC Lake Area General Commercial District
The LC Lake Area Commercial District is proposed to cover just one area in Planning District 5 where an existing C-1 General Commercial District is located. The LC District is designed to accommodate a wide variety of commercial and service activities. Uses and structures in excess of 25,000 square feet are permitted. Alcoholic beverage sales for consumption on or off premises would still require a conditional use.
Permitted Uses
Proposed permitted uses in the LC Lake Area Commercial District include any use permitted in the LB-1 Lake Area Business, LB-2 Lake Area Business, or LRS-1 Lakeview Single Family Residential Districts without limitations to floor area. From that starting point, nineteen other uses are proposed as permitted including apartment hotels, parking garages, hotels, automobile and boat sales, multiple family dwellings (limited to 100 feet in height), hospitals, all types of restaurants (drive-thru service still prohibited), timeshares, automobile service centers, bowling alleys, fitness centers/spas, rehabilitative-recovery/care centers, and theaters.
CPC staff recommends several modifications of the list of permitted uses including moving three uses to the conditional use category. This move would ensure that potential impacts of certain uses are addressed. The conditional use review procedure will add a degree of confidence that if certain projects such as hotels are developed, they would be designed with a thoughtful site plan. This recommendation is somewhat linked to a recommendation that the proposed area for the LC District be expanded (see section on zoning map change recommendations.) Staff also believes that the “rehabilitative-recovery/care center” use listed as permitted should trade places with the “large group home” use authorized as a conditional use since the former is a more intense use than the latter.
6. Multiple-family dwellings of three (3) or more dwelling units in accord with the requirements of the LRM-2 Lake Area High Rise Multiple-Family Residential District, provided that the minimum lot area per dwelling unit shall be no less than that specified for such multiple-family residential uses in the LRM-2 Lake Area High-Rise Multiple-Family Residential District and that the height shall be limited to 100 feet.
16. Fitness centers and spas
Health and fitness centers
17.
Rehabilitative-recovery/care centers provided that there shall be a minimum
distance between rehabilitative/care-recovery/care centers, large group homes
and small group homes of a 2,500 foot radius. Large group homes.* (See
Section 11.21)
Accessory Uses
Proposed accessory uses in the LC Lake Area Commercial District include any accessory use allowed in LRM-2 Lake Area Multiple-Family Residential District. Two other accessory uses are listed in this section are the same as listed in the LB-1 and LB-2 Lake Area Business Districts.
Conditional Uses
Proposed conditional uses in the LC Lake Area General
Commercial District include any conditional use authorized in the LB-1 and LB-2
Lake Area Business and LRS-1 Lakeview Single Family Residential Districts. Also
included as conditional uses are commercial kennels for domestic animals,
schools for business, vocational, proprietary and industrial training, brew
pubs, interactive theaters, large group homes, and green markets. CPC staff
recommends moving three uses from the LC District’s list of permitted uses to
the list of conditional uses. Staff further recommends moving “large group
homes” to the list of permitted uses. Large group homes have legal rights to
locate in dense residential and commercial districts. Text recommended for
deletion is shown in strikethrough and recommended new text is shown in
bold, underlined font.
6. Large
group homes.* (See Section 11.21) Rehabilitative-recovery/care centers
provided that there shall be a minimum distance between
rehabilitative/care-recovery/care centers, large group homes and small group
homes of a 2,500 foot radius.
21. Apartment hotels.
22. Hotels
Permitted Signs
Proposed permitted signage in the LC Lake Area General Commercial District is the same as signage permitted in the LB-1 and LB-2 Lake Area Business Districts. As with the LB-1 and LB-2 Districts, CPC staff is concerned that the prohibition of general advertising on public transit waiting stations could be detrimental to one of the few ways the New Orleans Regional Transit Authority can raise revenue without increasing additional government subsidies or increasing passenger fares. Staff recommends that the general advertising on public transit waiting stations be included as permitted signs in this district, subject to typical limitations.
7. One (1) flat, double-faced general advertising sign illuminated or nonilluminated, limited in area to thirty (30) square feet shall be permitted on public transit waiting stations, provided that no such advertising sign shall be placed higher than nine (9) feet or to the roofline of the public transit waiting station, whichever is lower, and provided that no advertising signs on bus shelters shall be constructed in any historic district in the City of New Orleans without the prior approval of the appropriate Historic District Commission.
Height, Area, and Yard Requirements of the LC District
The proposed LC Lake Area General Commercial District Height, Area, and Yard Requirements are exactly the same as the C-1 General Commercial District, and are reflected as such in the table.
LP Lake Area Neighborhood Park District
The LP Lake Area Neighborhood Park District is proposed for the purposes of providing for small neighborhood scale, passive open space and recreational areas with the intention to compliment existing residential neighborhoods or transportation corridors. The proposed district would provide for less intense recreational uses than are currently permitted in the P Park and Recreation District. It would encompass all areas of the study area that are currently zoned P Park and Recreation District, with the exception of City Park.
The draft Lake Area Zoning Districts proposal includes a section for P Park & Recreation District that provides for increased recreation-related commercial intensity, including but not limited to theaters, auditoriums, receptions facilities, catering establishments, coffee shops, ice cream/snowball shops, live entertainment, and alcoholic beverage sales in conjunction with meals. It appears that the changes to the P District were intended to provide for increased income potential, primarily for City Park and the Kirsch-Rooney baseball park at Delgado Community College. Changes to the P Park and Recreation District would apply to areas with the same zoning designation city wide. In addition, the City Council Motion makes reference only to implementation of the Lake Area Neighborhood Park designation and, as such, the proposed text changes to the P Park and Recreation District cannot be considered within the scope of this report.
Permitted and Accessory Uses
The proposed LP Lake Area Neighborhood Park District includes a number of differences from the permitted, accessory, and conditional uses authorized in the P Park & Recreation District. The most significant difference between the LP District and the P District is the absence of permitted active recreational uses such as public beaches, boating, commercial uses, and activities associated with congregations of people, such as sports facilities, amusement parks, casinos, and museums. Essentially all but passive greenspace, gardens, seating, or children’s play areas have been removed from the lists of permitted and accessory uses. Any existing concessions located along the lakefront, or within any other designated park area, would become legal non-conforming uses. While many utilities-related uses remain on the list of permitted uses, many of those that specifically note aboveground structures have been eliminated in order to maintain a desired pastoral aesthetic.
Conditional Uses
The proposed list of authorized conditional uses in the LP District has been reduced significantly from the P District to that of just light rail, which was not previously listed in the latter district. As previously mentioned in the residential zoning section, the staff believes that providing for the future development of alternative modes of transportation would be beneficial to the residents of the Lake Area and supports this proposal. In addition, the staff recommends an additional authorized conditional use to the list. When studying the existing and proposed park districts in the Lake Area, the staff observed the presence of existing parking lots that had not been addressed in the proposed Lake Area Neighborhood Park Districts, specifically along the lakefront area and along the neutral ground of a portion of Harrison Avenue. The inclusion of parking lots as a conditional use in the LP District would validate the existing parking in the noted areas and, at the same time, allow for the potential for further parking lot development as accessory uses in other park areas, as the need may arise. In addition, it has been indicated that there is a desire to maintain the current parking lots along the neutral ground and to possibly expand them further along Harrison Avenue, as required. The staff believes that this proposal can be substantiated with the addition of the design control provisions of the proposed Lake Area Design Corridor Overlay District.
The Regional Transit Authority has recently announced plans to reinvigorate a proposal to build a transfer station/terminal for streetcars and buses at the foot of Canal Boulevard at City Park Drive.
[18] Ideas for the terminal include public restrooms and a kiosk with vending machines where customers can buy bus and streetcar passes. While “public transit waiting stations” are permitted uses within the proposed LP Lake Area Neighborhood Park District, “light rail on public or private property,…but not including passenger stations,..” are conditional uses. The staff believes that the noted accessory uses within a public passenger transfer terminal, such as public restrooms and ticket sales, are appropriate uses that can be attractively incorporated into such a location through design review provisions of the Conditional Use process.
1. Light rail on public
or private property, including a strip of land with tracks and accessory
facilities for track operations, but not including passenger stations,
freight terminals, switching and classifications yards, repair
shops, roundhouses, powerhouses, interlocking towers, and fueling, sanding
and watering stations.
2. Parking lots, accessory or non-accessory.
3. Public transit terminal/transfer stations, including public restrooms, vending machines, and sales kiosk for public transit fare passes.
Permitted Signs
The P District permitted park/recreation area identification signage to one hundred (100) square feet and identification or directional signage for all permitted accessory uses to twenty (20) square feet. The foregoing provisions have been removed and the permitted signage within the LP District has been limited to an identification sign for a subdivision or conservation area to a maximum of forty (40) square feet. CPC staff believes that with the Planning District 5 proposal to place the neutral grounds within a LP Lake Area Neighborhood Park District and the plan by the Regional Transit Authority for a transfer station at t