LCIA News

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.

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)

The City Planning Commission is required to consider all zoning text and map changes and forward their recommendations to the City Council.

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.”

Neighborhood-based zoning is a concept that recognizes the unique historic, natural, or man-made identity of particular neighborhoods, and that attempts to address, through the adoption of customized controls, the special problems or issues facing them. Neighborhood zoning has been used by the City of New Orleans since the inception of the City’s zoning law in 1929, which included a Vieux Carré District with its own use, height, and open space requirements[1]. The number of Vieux Carré districts was expanded with the adoption of the Comprehensive Zoning Ordinance of 1953, and similar districts were added in 1974 for the historic Marigny area[2]. Today, many large cities throughout the United States, among them New York City, San Francisco, and Portland, Oregon, extensively employ neighborhood-based zoning districts[3]. Although the City Planning Commission does not presently have the staff capacity to undertake the creation of new zoning districts for other Planning Districts or neighborhoods throughout the City, the staff is generally supportive of neighborhood zoning, and would welcome the opportunity to work with residents and property owners in other areas of the City in reviewing and suggesting modifications for future neighborhood zoning districts.

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. Comments made at the July 10, 2007 public hearing were considered when preparing the draft text.

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. This area, which has historically been identified as the Lakeview neighborhood, was built up with single- and two-family housing primarily between 1929 and 1949. It is distinguished by its rectangular city blocks and service alleys, urban design elements that are common to neighborhoods of similar age throughout other United States cities but which are exceedingly rare in New Orleans.

The proposed district would be coterminous with the former Lakeview Subdistrict Interim Zoning District (LSIZD)[4], 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 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.

The purpose of this district is to provide for and encourage low-density, single-family residential development of a relatively spacious character, together with churches, recreational facilities, and accessory uses as may be necessary or normal for residential surroundings, in such a manner as to preserve the distinctive character of the Lakeview area. The district also is intended to provide for the maintenance of existing residential densities, as well as opportunities for compatible residential growth, by allowing for existing two-family dwellings and the re-establishment of those two-family dwellings that have lost their legal nonconforming status as the immediate previous legal use of the structure.

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[5]. 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[6]. 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.

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. Staff further recommends that boat docks and moorings be removed from the list since there is no waterfront property in the LRS-1 District. Proposed text for deletion is shown in ~~strikethrough~~.

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,[7] 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.~~

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.

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.~~

~~6. For corner properties, off-street parking shall be permitted in the corner sideyard.~~

The proposed LRS-2 Lake Vista and Lake Shore Single-Family Residential 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. This area was reclaimed from Lake Pontchartrain through a landfill project completed by the Orleans Levee Board in 1927. Much of the new land was subsequently subdivided and sold in order to pay off the bonds used to finance the landfill project. Lake Vista, which covers the area between the Orleans Avenue Canal and Bayou St. John, is the older of the two subdivisions. It was built up between 1938 and 1946 according to a design heavily influenced by the “Garden Cities” movement of urban planning[8] and, especially, the plan for Radburn, New Jersey.[9] According to this theory, traffic was to be separated by mode, in order to eliminate conflicts between pedestrians and automobiles.[10] The result in Lake Vista is a unique urban design. In contrast to the rest of the city, homes in Lake Vista front on linear public green spaces with landscaped pedestrian paths, all of which lead to a small commercial and institutional nexus at the center of the subdivision. Automobiles are confined to cul-de-sac streets that function more like alleys, providing access to driveways and garages at the rear of homes.

Lakeshore West and Lakeshore East, which cover the area between West End Boulevard and the Orleans Avenue Canal, was built up between 1951 and 1955. In contrast to Lake Vista, the Lakeshore subdivision was laid out according to a more traditional suburban plan, with structures fronting on public streets, and commercial and higher-density residential uses located at the edge of the subdivisions along major streets. Lakeshore West and Lakeshore East are further distinguishable by their large blocks and curving streets, a departure from the urban grid which typifies the adjacent Lakeview neighborhood and other older parts of the city.

The proposed 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 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.

The purpose of this district is to provide for and encourage low-density, single-family residential development, of a relatively spacious character consistent with the unique development pattern of the Lake Vista and Lake Shore areas, together with churches, recreational facilities, and accessory uses as may be necessary or normal for residential surroundings. Area regulations of the LRS-2 Lake Vista and Lake Shore Single-Family Residential District were developed in the context of long-standing covenants under the jurisdiction of the Orleans Levee Board.

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.

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.

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[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. 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.

6. 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)

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.

6. A sign limited in area to one (1) square foot, for identification of permitted home occupations or office use.

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 lot coverage for dwelling shall not exceed thirty (30%) percent.

· CPC staff recommends that the following language be inserted as a footnote to the LRS-2 District’s Height, Area, and Yard Requirement. Proposed new text is shown in bold, underlined font.

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). 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).

The proposed LRS-3 Lakewood & Country Club Gardens Single-Family Residential District 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 - are within 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.[14]

Most of the area included in the proposed Lakewood & Country Club Gardens Single-Family Residential District was developed after 1950. The area is typified by long blocks and courts located near the edge of the City and improved with large single-family homes. The area also includes the large Lake Lawn Park and Metairie Cemeteries, as well as the Longue Vue House and Gardens. 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 consistent with the character of the existing uses.

The purpose of this district is to provide for low-density, single-family residential development, of a relatively spacious character in the Lakewood area, together with churches, recreational facilities, and accessory uses as may be necessary or normal for residential surroundings. This district is also intended to protect existing development of this character. Greater lot widths are required in the LRS-3 Lakewood and Country Club Gardens Single-Family Residential District than in the LRS-1 Lakeview Single-Family Residential District, and two-family dwellings are not permitted.

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 earlier. 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.

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 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.

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[15], 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[16], 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)

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.

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 presents the tables as such in the draft of recommended text.

The proposed LRD-1 Lake Vista Two-Family Residential District 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. The proposed LRD-1 Lake Vista Two-Family Residential District is intended to provide for two-family dwellings and related uses consistent with these historic uses as well as existing surrounding single-family uses. As noted above, 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.

The purpose of the district is to provide for two-family development ~~on smaller lots of record in more densely populated sections of Planning District 5.~~ consistent with the historic character of development in the Lake Vista area. This development may be mixed with single-family residential dwellings along with churches and recreational facilities and with accessory uses as may be necessary or area normally compatible with residential surroundings.

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 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.

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,[17] they are authorized as conditional uses in every existing residential zoning district in the city,[18] 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. No text changes to the LRD-1 District regulations are necessary to implement this staff recommendation because the list of authorized conditional uses refers to the LRS-2 Lake Vista Lake Shore Single Family Residential District where this change has already been recommended by staff.

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.

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 lot coverage for dwellings shall not exceed thirty (30%) percent.

· CPC staff recommends that the following language be inserted as a footnote to the LRS-2 District’s Height, Area, and Yard Requirement. Proposed new text is shown in bold, underlined font.

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.

The proposed LRD-2 Lakewood/Parkview Two-Family Residential District would be applied to three general areas throughout Planning District Five 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. This area was built up beginning in the 1950s and contains properties of similar size and design as others in the Lakewood Neighborhood. Second, the new district 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. This area is located adjacent to the Dixon and Hollygrove Neighborhoods, and is characterized by relatively smaller structures than in the rest of Planning District Five, on smaller lots characteristic of the older neighborhoods of the city.

The new district 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[20]. 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. This area includes some of the oldest structures in Planning District Five, due to its proximity to the Central Business District and Bayou St. John. From an urban design standpoint, the neighborhood is distinguished by several streets set off from the city’s grid and oriented perpendicular to City Park Avenue, indicating the importance of the Park within the history of the neighborhood. The proposed LRD-2 Lakewood/Parkview Two-Family Residential District is thus intended to provide for two-family dwellings and related uses within the disparate slightly more densely populated areas of Planning District Five.

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.

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.

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.

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.

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.

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.

The proposed LRM-1 Lake Area Low-Rise Multiple-Family Residential District 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. As noted above, this area is part of the West Lakeshore subdivision, which was initially developed in 1951.

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 36^th 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. This area, located in the West End neighborhood, was developed in the 1960s and 1970s following the closure of the New Basin Canal in 1949.[21]

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. This small area is oriented along the old city grid, and includes structures typical of the Mid-City Neighborhood located on the other side of City Park Avenue.

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.

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 36^th 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.

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.

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.

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.

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.

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.

The proposed LRM-2 Lake Area High-Rise Multiple-Family Residential District would be applied to one small area encompassing multiple lots bounded by Lake Marina Avenue, Regent Street, Hammond Highway, and the Orleans Parish Line. The area has been improved for many years with high-density residential structures, due to its proximity to Lake Pontchartrain and the parks, marinas, and other amenities located nearby.

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[22]. 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, consistent with the historic character of the area.

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.

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.

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[23]—could not be accommodated within the LRM-2 District by definition. Some others— 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. 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.

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. As suggested by community members, staff supports and recommends a maximum height of 185 feet, which would use the height of the two existing high-rise structures as a guide.[24] This seems reasonable given the close proximity of the LRM-2 District to single family residential uses. The staff further agrees that a uniform setback for high rise structures would benefit the aesthetics of the area. Staff recommends a minimum front yard setback of 20 feet or the average of the block face, whichever is greater.

· Staff recommends the following changes to the LRM-2 District’s Area Regulations. Text recommended for deletion is shown in ~~strikethrough~~. Recommended new text is shown in bold underlined font.

Minimum Depth of Front Yard: 20 feet (add footnote: Minimum depth of front yard shall be 20 feet or the average of the block face, whichever is greater.)

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.

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.

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.

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. Since the neighborhood business areas are proposed for expansion and residential uses are located within the districts, staff recommends that several automobile-oriented uses (car washes, gasoline stations, and non-accessory parking lots) be classified as conditional instead of permitted, to ensure compatibility and provide a higher level of review. Conditional use classification will allow for discretionary review and mitigation of potential impacts through provisos.

9. Automated car wash or automobile laundry, providing reservoir space at the entrance of an automated car wash for not less than ten (10) vehicles for each washing lane, in conjunction with a gasoline service station.

~~14. Gasoline service station, but with no lighting fixture extending to a height greater than fifteen (15) feet.~~

~~20. Parking lots, parking spaces and parking areas; however, not parking garages or automobile sales or storage lots~~.

21. ~~Photographers’ studios~~ Studios for artists, photographers, teachers, sculptors, or musicians.

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.

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.

4. ~~Standard and cafeteria restaurants and coffee shops. Live entertainment may be provided, limited to an unamplified soloist or combo (up to three members.)~~ Live entertainment limited to an unamplified soloist or combo (up to three members) in standard and cafeteria restaurants and coffee shops.

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.

11. Automated car wash or automobile laundry, providing reservoir space at the entrance of an automated car wash for not less than ten (10) vehicles for each washing lane, in conjunction with a gasoline service station.

12. Gasoline service station, but with no lighting fixture extending to a height greater than fifteen (15) feet.

13. Parking lots, parking spaces and parking areas; however, not parking garages or automobile sales or storage lots.

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.

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.[25]

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.

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 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.

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. The switching of certain automobile oriented uses from the list of permitted to conditional uses in the LB-1 District will have the same effect for the LB-2 District and is appropriate for the same reasons.

3. Lumber and building materials store, retail only and provided that the entire operation is shall be conducted in a completely enclosed building ~~and~~ where such use abuts a residential district.

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.

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.

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.

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.

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.

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 four 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 Lake Area General Commercial 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. The switching of certain automobile oriented uses from the list of permitted to conditional uses in the LB-1 District will have the same effect for the LC District and is appropriate for the same reasons, with the exception of parking lots. In this busy lakefront commercial area may need to be shared by various uses. Public parking lots would be appropriate.

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.

14. ~~Automobile Service Centers~~. Parking lots, parking spaces, and parking areas.

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)

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.

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.

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.

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.

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 sports 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.

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.

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.[26] 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.

3. Public transit terminal/transfer stations, including public restrooms, vending machines, and sales kiosk for public transit fare passes.

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 the foot of Canal Boulevard, general advertising on public transit waiting stations should be permitted. Recommended new text is shown in bold, underlined font.

The LP Lake Area Neighborhood Park District’s proposed text for this section states “there are no additional area or yard requirements for permitted uses in the Lake Area Neighborhood Park District other than those which shall be mandatory provided in accord with the requirements of” the P Park and Recreation District. CPC staff believes that no height, area, or yard requirements are necessary for this district other than those specified along with certain authorized uses.

The proposed text amendment and map change to provide for a Design Corridor Overlay District is to provide for a superior environment, compatibility of development, architectural continuity, and to ensure quality, pedestrian-oriented design and landscaping goals along specified neighborhood business and commercial corridors in Planning District 5. The overlay district is intended to supplement the regulations of the proposed underlying (base) district and require special site design requirements intended to establish a positive and unified streetscape. The proposed overlay regulations are essentially the same as the established Inner City Urban Corridor District regulations, noted in Article 10, Section 10.3A of the CZO, with the addition of several specific design standards.

The proposed text of the overlay district indicates the intention for its application along specific neighborhood business and commercial corridors within the Lake Area Zoning Districts. The proposed regulations were to apply to all lots on city squares that front on Harrison Avenue between Orleans Avenue and the 17^th Street Canal located within the proposed Lake Area Neighborhood Business Districts 1 and 2. Additionally, the intent was for the overlay district to also apply to all existing and proposed commercially zoned lots on squares that front on Robert E. Lee Boulevard between West End Boulevard and Vicksburg Street, specifically within the Lake Area Neighborhood Business Districts 1 or 2 and within the Lake Area Commercial District. The overlay district regulations would not apply to the construction, redevelopment, alteration or improvements to single-family and two-family residential buildings within the overlay.

While not exhibiting the same established characteristics as corridors in the older developed areas of the city, the two recommended overlay areas display convenient accessibility, good traffic flow, and wide neutral grounds. Both of these areas have exhibited commercial characteristics for some time, with both permitted and non-conforming uses being established over the years. Development pressure to expand commercial uses has been evident for many years, prior to and post-Katrina, and the proposed Overlay District will promote the urban design goals that support a harmonious relationship between commercial uses and the surrounding residential neighborhoods.

The proposed Overlay District’s main effect on the subject areas is the requirement of a strong visual connection between the building’s design and the existing character of the area. The regulations require a pedestrian environment through the use of visually active ground floor treatments. Regulations require that architectural details be coordinated to provide continuity, quality and consistency. The proposal lists additional building design standards, building setback requirements, and parking location restrictions. Vehicular use areas must be landscaped and screened and signage is limited. A site plan must be approved by the Executive Director of the City Planning Commission prior to the issuance of a building permit by the Director of Safety & Permits for establishment, change, or alteration of any use or signage within the District. The regulations will apply predominantly to new uses/structures; existing buildings will be considered to be “grandfathered” and will not be required to be brought into compliance, unless significantly redeveloped.

Following are additional proposed standards that differ from the existing Inner City Urban Corridor (ICUC) regulations applicable in other areas of the city. All of the remaining ICUC regulations will remain the same and will be applicable in those designated Lake Area corridors. The noted building design standards are an attempt to more closely define a certain architectural style for the area that begins to address more specific screening requirements, types of exterior building materials, and façade treatments that provide increased visual interest at the pedestrian scale. In the site development section, the specified setback requirements address problems that are inherent in the existing ICUC regulations with the average setback of the existing block face. By applying specific setback requirements, there is no question in determining a setback for new development in a block where all previous structures have been removed. Finally, the limiting of parking/vehicular use areas to the rear two-thirds of the site, works in combination with the minimal building setback requirements. Screening the parking areas in the rear of a site and requiring building development to be closer to the street rights-of-way encourages a more pedestrian friendly, urban environment with less emphasis on the automobile. The proposed additional standards are as follows (additional text recommended by CPC staff is shown in bold, underlined font):

A strong visual connection shall be made between the building’s design and the existing character of the area. The overall building design (including its height and bulk) should be compatible with the neighborhood and shall provide for a pedestrian environment through the use of visually active ground level treatments. Where appropriate, buildings should provide climatic protection to their users by incorporation of overhangs, arcades, balconies and galleries. Architectural details, material, colors, textures and landscape treatments shall be coordinated to provide visual continuity, quality and consistency. The design and site development shall adhere to the character and scale of the surroundings.

b. All roof mounted mechanical equipment shall be concealed from the main street.

c. The exterior finish materials on all facades shall be limited to those which comply with applicable building codes. Industrial metal “R” wall panels are specifically not allowed.

Building Heights and development standards as per Lake Area District Zoning Standards

Parking areas shall be designed to meet the standards set forth in Section 15.2.5 of the Comprehensive Zoning Ordinance. Parking is to be restricted to two-thirds of the rear area of the site. Driveways may cross the front of the site, with a maximum of two driveways at 24 ft. wide each.

The CPC staff believes that the proposed Lake Area Design Corridor Overlay District regulations will establish a positive design image for the designated corridors in the Lake Area. Improving the aesthetics of the corridors will support a harmonious relationship between commercial and residential uses in the area.

C. What are the proposed zoning map changes in Planning District 5? What effect will they have on properties in the area? What modifications does the CPC staff recommend?

The proposed map amendment would result in multiple properties in Lake Vista being zoned LP Lake Area Neighborhood Park District. The submitted proposal divided some properties into two zoning classifications by denoting the boundary of the proposed LP Lake Area Neighborhood Park District through existing residential lots. This was probably unintentional, but in any case dividing property between two or more zoning districts is not standard practice within the city, and may lead to confusion or disagreement as to which district requirements control. Such conflicts would ultimately require interpretation by the City Planning Commission in the future.[27] The staff therefore recommends that the boundaries of the proposed LRD-1 District be modified so as to not to divide any lots of record.

As noted above with respect to the proposed LRS-2 Lake Vista and Lake Shore Single-Family Residential District, the proposed map change would divide many properties in the Lake Vista subdivision into two zoning classifications by denoting the boundary of the proposed LP Lake Area Neighborhood Park District with a straight line, whereas the property lines of the adjacent residential properties are curved in relation to the culs-de-sac on which they are addressed. Dividing property between two or more zoning districts is not standard practice within the city, and may lead to confusion or disagreement as to which district standards control. Such conflicts would ultimately require interpretation by the City Planning Commission in the future.[28] The staff therefore recommends that the boundaries of the proposed LRD-1 District be modified so as to not cross property lines of existing lots of record.

Given the longstanding existence of the New Orleans Country Club at its present site, 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 second group of properties noted above is located along Palmetto, Cherry, Peach, Hamilton, and Quince Streets, along the southern edge of Planning District 5. These properties are located directly across the street from other properties that, due to the boundaries of Census Tracts upon which the Planning District boundaries were based, are located in Planning District 3 (Uptown and Carrollton) and which are zoned RS-2 Single-Family Residential District or RD-2 Two-Family Residential District. These have similar lot dimensions and sizes and are improved with structures of similar height, area, and bulk characteristics, and which are used similarly. The staff therefore recommends that the map amendment request be modified to exclude the properties along the southern edge of Planning District 5.

The area lakeside of Lake Marina Avenue and west of Lakeshore Drive contains the Marina, Coconut Beach site, West End Park, the site of the former yacht club, restaurants, and a multiple-family residential building. In this area, several factors lead the CPC staff to recommend no zoning map changes at this time. The City Council Motion directing the City Planning Commission to consider zoning text and map changes for Planning District 5 does not include the Marina area that is within an LI Light Industrial District. The reason for its exclusion is because the area is being studied by the Regional Planning Commission (RPC) in tandem with the adjacent Jefferson Parish lakefront. The final product will likely make land use and zoning recommendations for the Marina and other parts of the study area that include the Coconut Beach site. Although not part of the RPC study area, the analysis could also be useful to the zoning map change considerations for the developed area along the west side of Lakeshore Drive on the lakeside of Lake Marina Avenue. The proposed LB-1 Lake Area Business District may not be appropriate for this area since it contains an over 40 unit multiple-family residential building. CPC staff recommends no zoning map changes for the area at this time pending completion of the RPC study.

The proposed LB-2 Lake Area Business District at West End and Robert E. Lee Boulevards is comprised of three city squares currently within a B-1A Neighborhood Business District. Unlike the B-1A District regulations where no parking is required for commercial uses under 5,000 square feet, the provision of parking would be required for new commercial uses in this LB-2 District.

The triangular land area bounded by Regent Street, Robert E. Lee Boulevard, and New Orleans Hammond Highway is currently vacant, but there is interest in developing a bank with drive-thru at this former site of a fast food restaurant. The CPC staff supports the zoning map change to the LB-2 Lake Area Business District as proposed. The proposed bank would be a permitted use.

The land uses within the square bounded by Regent Street, Lake Marina Avenue, West End Boulevard, and Robert E. Lee Boulevard are a mixture of commercial, bed & breakfast, two-family, and vacant multiple-family residential. The proposed map change to an LB-2 Lake Area Business District would prohibit new multiple-family residential uses although such uses may or may not retain legal non-conforming status depending upon when they are rehabilitated. Given the desirable waterfront location for condominiums or possible hotel development, it is more appropriate to designate the square as LC Lake Area General Commercial District. The new LC District would limit the height of multiple-family residential uses to 100 feet and would authorize uses which sell alcoholic beverages for consumption on premises only as conditional uses.

The land uses within the square bounded by Lake Marina Avenue, Pontchartrain, West End, and Robert E. Lee Boulevards include a large office building, a restaurant, and a governmental office. Given the CPC staff’s recommendation for an LC Lake Area General Commercial District within the adjacent two squares and the location desirable for condominiums or possible hotel development, this square is also appropriate for the LC Lake Area General Commercial District.

The proposed LC Lake Area General Commercial District at West End and Robert E. Lee Boulevards would apply to the Robert E. Lee Shopping Center, which is currently within a C-1 General Commercial District. Prior to Hurricane Katrina, the land uses within the shopping center have included retail, restaurants, a health club, an office building, and a large grocery store. In addition to a large shared parking lot in front of the strip shopping center, there are parking areas in the rear between Sapphire and Opal Streets. The effect of the zoning map change would permit similar uses as have traditionally been located in the shopping center with the exception that restaurants that serve alcoholic beverages for consumption on premises would require a conditional use. Under the current proposal, the zoning map change would shrink the commercial zoning to include only the shopping center and its front parking lot. The rear parking lot is proposed for inclusion in the new LRM-1 Low Rise Multiple Family Residential District. The land area between Sapphire and Opal Streets is relatively narrow; the ideal development may be townhouses or similar multiple-family residential uses. In the meantime, the parking lots should be considered as legal non-conforming uses under the LRM-1 District. The CPC staff supports the zoning map change as proposed.

An LB-1 Lake Area Business District is proposed for lots fronting along the south side of Robert E. Lee Boulevard between West End and Canal Boulevards (excluding Mount Carmel Academy.) The area is currently within an RD-2 Two Family Residential District and contains mostly single and two family dwellings with the exception of a cosmetology school and a few office uses. The goal of the zoning map change is to create a walkable, quaint neighborhood business district in the vicinity of the high school. The request is justified by the presence of several non-conforming uses, the proximity to and flanking by existing commercial centers, and the locations on a major boulevard. The LB-1 District is designed as low-intensity and compatible with nearby residential uses. Furthermore, the area would be within a Lake Area Design Review Overlay District, ensuring superior, pedestrian-oriented design and landscaping. The CPC staff supports the zoning map change as proposed.

Robert E. Lee Boulevard/Canal Boulevard Shopping Center LB-2 Lake Area Business District

The LB-2 Lake Area Business District proposed for the shopping center at the corner of Canal and Robert E. Lee Boulevards would replace an existing B-2 Neighborhood Business District. The shopping center has traditionally contained neighborhood-scale uses such as a grocery, small gasoline station, and a hardware store and all these are permitted within the proposed LB-2 District. The LB-2 District boundary is proposed to be pulled back from the middle of the neutral ground to the edge of the shopping center. The neutral ground is proposed to be within an LP Lake Area Neighborhood Park District. The CPC staff supports the zoning map change as proposed.

The LB-1 Lake Area Business District proposed for the town center of Lake Vista would replace an existing B-1 Neighborhood Business District. The art-deco commercial building at the end of Spanish Fort Boulevard contains multiple units traditionally occupied by a variety of professional offices. Church uses towards the rear of the commercial building should retain residential zoning. The CPC staff supports the zoning map change as proposed.

On both sides of Harrison Avenue, generally from Argonne Street to Bellaire Drive, LB-1 and LB-2 Lake Area Business Districts are proposed for properties currently within B-2 Neighborhood Business, B-1 Neighborhood Business, and RD-2 Two Family Residential Districts. The proposed LB-2 District would apply to all the Harrison Avenue properties that are currently within the B-2 Neighborhood Business District that generally stretches between Argonne Boulevard and Canal Boulevard. The existing land uses within this area have been a grocery store, a drugstore, restaurants, banks (with drive thru), retail, offices, and churches.[29] No zoning district boundary changes are proposed from the existing B-2 District.

The LB-1 Lake Area Business District is proposed for other properties along Harrison Avenue that are currently within an RD-2 Two Family Residential District as well as properties located along West Harrison Avenue that are within a B-1 Neighborhood Business District. Land uses within the RD-2 District have traditionally been mostly single and two-family residential with a few legal non-conforming retail uses. Land uses within the B-1 Neighborhood Business District have traditionally included small retail, restaurants, personal services and offices. In most cases, the lots proposed for inclusion within the LB-1 District front on Harrison Avenue. However, there are a number of blocks where the corner properties front on the cross streets. For these lots, the zoning change proposal was intended to have a boundary that aligns as closely as possible with the depth of the lots fronting on Harrison Avenue (usually about 100 feet.)[30]

The proposal to expand and unify the existing Harrison Avenue commercial corridor is intended to create a walkable neighborhood business district that could provide more of the services, retail, and dining options desired by Lakeview residents and save on trips to Veterans’ Boulevard in Jefferson Parish. The request is justified by the presence of several non-conforming uses, the proximity to and flanking by existing commercial areas, and the locations on a major boulevard. The area would be within the Lake Area Design Review Overlay District, ensuring quality, pedestrian-oriented design and landscaping. The LB-1 District is designed as low-intensity and compatible with nearby residential uses.

The CPC staff supports the zoning map change as proposed with a few exceptions and notations. It is recommended that the corner properties at the intersection of W. Harrison Avenue and Bellaire Drive should be within the new LRS-1 Lakeview Single Family Residential District. Since there will already be sufficient new commercial opportunities on W. Harrison Avenue, it may be excessive to include these lots at Bellaire Drive when excluding them would not harm the continuity of the LB-1 Lake Area Business District. CPC staff also notes that the submitted map of the proposed Harrison Avenue LB-1 District was imprecise about the depth of the LB-1 District. CPC staff recommends that the boundary line be drawn to include the lots fronting on the cross streets at the intersections with Harrison Avenue and to include as many lots in the LB-1 District as necessary to closely align the boundary line with the rear property line of lots fronting on Harrison Avenue (see map of CPC staff recommendations.) Finally, a single lot located on Memphis Street within the existing B-2 Neighborhood Business District was not included within the proposed LB-2 Lake Area Business District. That exclusion is also attributed to imprecise mapping.

· CPC staff recommends modified approval of the proposed LB-1 Lake Area Business District to include the corner properties at the intersection of W. Harrison Avenue within the proposed LRS-1 Lakeview Single Family Residential District.

· CPC staff recommends modified approval of the proposed LB-1 District to ensure that the LB-1 designation apply to lots fronting on Harrison, or if the lots front on the cross streets, such lots shall be included within the LB-1 District at the lot line that most closely aligns with the rear property line of lots fronting on Harrison Avenue, with at least 100 feet depth.

· CPC staff recommends modified approval to ensure that all lots within the existing B-2 Neighborhood Business District be included within the LB-2 Lake Area Business District.

A small LB-1 Lake Area Business District is proposed for the southern side of the Pontchartrain Boulevard/14^th Street intersection to replace an existing RO General Office District that was created in 2006. The site is occupied by a former church building and has been proposed for office uses. Across 14^th Street, several lots are occupied by a legal non-conforming garden center. CPC staff believes that the proposed LB-1 District should be expanded to encompass the garden center.

An LB-1 Lake Area Business District is proposed for lots along the two blocks of Polk Avenue between West End and Milne Boulevards. The land uses within the short corridor are mixed office, retail, residential, and church uses. The area is currently within an RD-2 Two Family Residential District with the exception of an RO General Office District and a B-1A Neighborhood Business District spot zone at the respective corners with Ponchartrain and Milne Boulevards. The spot zones were created relatively recently in 2005 and 2002. Another spot zone request for a corner property at Polk Avenue and Milne Boulevard was recently recommended for denial by the City Planning Commission.[31] Polk Avenue as a neighborhood business district makes sense from a planning perspective because of its existing businesses, wide right-of-way and connection between Milne Boulevard to Veterans’ Boulevards. However, solid neighborhood opposition has led the CPC staff to reconsider its position. The inclusion of Polk Avenue within an LB-1 Lake Area Neighborhood Business District is superfluous to the overall Lake Area Zoning Districts proposal to provide more business opportunities. The proposed Harrison Avenue business district is within four blocks of Polk Avenue and is sufficient in size to provide the needed business space.

An LB-2 Lake Area Business District is proposed for a vacant strip of land along Florida Avenue that is currently within a C-1 General Commercial District. A small portion of the existing C-1 District behind the pumping station is proposed for conversion to part of the LRS-1 Lakeview Single Family Residential District. Another smaller portion of the C-1 District adjacent to I-610 is proposed for inclusion in an LP Lake Area Neighborhood Park District.[32] The vacant land is appropriate for inclusion within the LB-2 Lake Area Business District since it is located on a major street, but surrounded by low-density residential and park uses. The portion of the existing C-1 District north of the railroad tracks is more appropriately included within the proposed LRS-1 Lakeview Single Family Residential District because of the logical border at the railroad tracks and the potential unsuitability for frequent vehicular access if it were developed with commercial uses. The CPC staff supports the zoning map change as proposed.

The proposed LB-1 Lake Area Business District covers a small existing B-1 Neighborhood Business District on both sides of the Canal Boulevard railroad underpass. Existing commercial buildings are mostly vacant, but have traditionally contained uses such as a coffee shop, offices, and a gasoline station. The City Planning Commission has recently recommended approval of a zoning map change from an RD-2 Two Family Residential District to a B-1 Neighborhood Business District for a property at 5537 Canal Boulevard that has a history of commercial use. The petitioned lot should be included in the new LB-1 Lake Area Business District. The proposed LB-1 District also includes a triangular land area between Aymard Court and the railroad tracks that is currently within an RD-2 Two Family Residential District. It contains both residential and office uses. Its current office uses and odd location by the railroad tracks make it appropriate for inclusion in the LB-1 District.

The proposed boundary line on the north side of the railroad underpass appears to include a residential property at 5601 Canal Boulevard. It appears that this boundary extension was erroneously made and that the intention of the request was to ensure that a commercial property at 5589-93 Canal Boulevard is included within the LB-1 District. The structure at 5589-93 Canal Boulevard is located on an unusual, triangular lot bounded on all three sides by public rights-of-way. Therefore, the CPC staff recommends that no zoning boundaries be changed other than for the lot mentioned in the previous paragraph.

The LB-2 Lake Area Business District proposed for the intersection of Metairie Road and the Pontchartrain Expressway would apply only to the commercial lot on one corner. The vacant former Semolina’s restaurant is currently within a B-1 Neighborhood Business District. The LB-2 Lake Area Business District is appropriate for such a busy intersection located on major transportation corridors. The CPC staff supports the zoning map change as proposed.

An LB-1 Lake Area Business District is proposed along Canal Boulevard from City Park Avenue to Greenwood Street. An existing C-1 General Commercial District covers only the eastern side of Canal Boulevard from City Park Avenue to Rosedale Street. From Rosdale Street to Greenwood Street, the C-1 District includes both sides with businesses generally fronting on Canal Boulevard. This C-1 District has traditionally included business uses such as restaurants with bars, a gasoline station, a drugstore with pharmacy, and a car wash. There appear to be two map translation errors in this geographic area. The zoning map change request shows a proposed extension of the LB-1 District north of Greenwood Street to cover some typical residential dwellings. This does not seem to be the intention of the community planners. Another likely map translation error is the exclusion of existing commercial uses on the Greenwood Cemetery side of Canal Boulevard between Rosedale Drive and Greenwood Street.

CPC staff recommends that all the commercial uses in the area be included within the new Lake Area Business District. The CPC staff also believes that a map change from C-1 General Commercial District to LB-1 Lake Area Neighborhood Business District is too drastic. The corridor is located along a major six-lane street that intersects with another four-lane major street. Within the corridor, there are appropriate sites for a commercial building or use in excess of 5,000 square feet.[33] The LB-2 Lake Area Business District is more appropriate because it authorizes 5,000+ square feet buildings or uses. The LB-2 District authorizes only a few more types of uses such as meeting halls and funeral homes, both of which are most appropriately located on a major street such as Canal Boulevard. There should be no boundary changes from the existing C-1 Neighborhood Business District The CPC staff recommends modified approval of the zoning map change to the LB-2 Lake Area Business District along the boundary lines of the existing C-1 District with the exception of the neutral ground, which shall be classified as LP Lake Area Neighborhood Park.[34]

An LB-1 Lake Area Business District is proposed for an area on the north side of City Park Avenue between Toulouse and Conti Streets. The subject lots contain the City’s Municipal Training Academy, office uses, and accessory parking within an LI Light Industrial District. One lot containing an additional office within an RO General Office District (on the corner of City Park Avenue and Conti Street) would also be folded into the new LB-1 District. The CPC staff supports the zoning map change as proposed.

City Park Avenue/N. Bernadotte Street LRD-2 Lakewood/Parkview Two Family Residential District

An LRD-2 Lakewood/Parkview Two Family Residential District is proposed for a triangular city “square” bounded by City Park Avenue, Toulouse and N. Bernadotte Streets. The three lots within the triangle were approved for a zoning change from RD-3 Two Family Residential District to a B-1 Neighborhood Business District in 2002. The properties were mixed use – residential, office, and retail. The City Planning Commission recommended approval of the zoning map change. Given this previous recommendation by the City Planning Commission and the recent office and retail uses, CPC staff recommends the area be within an LB-1 Lake Area Business District.

The proposed LB-1 Lake Area Business District at the intersection of City Park Avenue and Dumaine Streets contains only two commercial uses, a standard restaurant and an office building. The existing B-1 Neighborhood Business District would be replaced by the LB-1 District with the same boundaries. The CPC staff supports the zoning map change as proposed.

An LB-1 Lake Area Business District is proposed for all four corners of the Carrollton Avenue and Dumaine Street intersection. The existing uses include a snowball stand, restaurant, and retail uses within a B-1A Neighborhood Business District. Unlike the B-1A District, the proposed LB-1 District would have a parking requirement for all commercial uses. If the types of businesses are changed over time, the existing buildings would retain “grandfathered” status for a certain number of parking spaces, based on the last legal use of the property. The effect would encourage businesses to maintain the same level of intensity. The CPC staff supports the zoning map change as proposed.

An LB-1 Lake Area Business District is proposed for lots on the lake side of Carrollton Avenue between Orleans Avenue and Toulouse Street. The uses have traditionally included residences and offices within a B-1A Neighborhood Business District. Unlike the B-1A District, the proposed LB-1 District would have a parking requirement for all commercial uses. If the types of businesses are changed over time, the existing buildings would be retain “grandfathered” status for a certain number of parking spaces, based on the last legal use of the property. If the last use was residential, the zoning change may have the effect of limiting the types of permitted commercial uses, unless a waiver is obtained. The boundary line is proposed to be pulled back from the middle of Orleans Avenue to the property line on the corner. The Orleans Avenue neutral ground is proposed to be within an LP Lake Area Neighborhood Park District. The CPC staff supports the zoning map change as proposed.

Orleans Avenue/Olga Street LRD-2 Lakewood/Parkview Two Family Residential District

The spot zone B-1 Neighborhood Business District at the corner of Orleans Avenue and Olga Street is proposed to be folded into the Parkview neighborhood’s proposed LRD-2 Lakewood/Parkview Two Family Residential District. The subject property is a traditional New Orleans corner store type structure. The request to change the zoning district for this mixed commercial/residential structure seems to be an attempt to rectify some problem with previous or current business operations. If a troublesome business still exists at the location, it would retain legal non-conforming status under the proposed scheme and the zoning change would not achieve the desired goal. Based on the commercial features of the building and the desirability of keeping the commercial unit occupied, CPC staff recommends a zoning map change to the fairly restrictive LB-1 Lake Area Business District. The boundary line is also proposed to be pulled back from the middle of Orleans Avenue and the neutral ground is proposed to be within an LP Lake Area Neighborhood Park District.

General boundaries of those areas currently zoned P Park and Recreation District include those areas surrounding the Lakeshore and Lake Vista neighborhoods, such as the entire lakefront from Bayou St. John on the east to Lakeshore Drive’s curve into West End Boulevard on the west, the area between Lakeshore Drive and West End Boulevard from Robert E. Lee Boulevard to the lakefront, the area along the neutral ground of Canal Boulevard from Robert E. Lee Boulevard to the Lakeshore, the area bounding both sides of the Orleans Canal from Robert E. Lee Boulevard to the lakeshore, and the area on the west side of Bayou St. John from Robert E. Lee Boulevard to the lakeshore. Also currently zoned P Park and Recreation District and included as part of the proposal to be changed to LP Lake Area Neighborhood Park District, is the neutral ground between Pontchartrain and West End Boulevards from Walker Street to Veterans Memorial Boulevard. Those similarly zoned areas enveloping the New Orleans Municipal Yacht Harbor are not being considered as part of the proposal at this time.

In addition to those areas currently zoned P Park and Recreation District, the proposal also includes the designation of several other parcels to be preserved as LP Lake Area Neighborhood Park. All of these areas are currently residentially or commercially zoned, depending on the abutting zoning districts. However, the community seeks to ensure that the areas remain as passive recreational areas, without the threat that they be inappropriately developed at some point in the future. These areas include: the square(s) bounded by Fleur De Lis Drive, Fortieth and Thirty Eighth Streets, and Avenue A, known as Fleur de Lis Playground, with the exception of those existing residential lots fronting on Avenue A; the central area in the west Lakeshore neighborhood generally bounded by Jewel, Cameo, Turquoise, and Beryl Streets, with the exception of the existing residential lots; the central area in east Lakeshore neighborhood bounded by Jewel, Amber, Turquoise, and Agate Streets; those linear parks with the Lake Vista neighborhood, specifically identified on the existing zoning map as Foliage, Breeze, Ozone, Zephyr, and Floral Parks; the neutral ground of Canal Boulevard from Robert E. Lee Boulevard to City Park Avenue; the neutral ground of Orleans Avenue from Bayou St. John to City Park Avenue; the neutral ground of Harrison Avenue from the Orleans Canal to West End Boulevard; those areas along the east edge of City park from Wisner Drive/Moss Street to Bayou St. John, extending from Robert E. Lee Boulevard to Orleans Avenue; a section of N. Carrollton Avenue between Orleans Avenue and City Park Avenue; a triangular-shaped area bounded on two sides by the Southern Railroad right-of-way and on the third side by the Greenwood Cemetery, currently occupied by the First Baptist Church; and the Interstate 10 and 610 rights-of-way.

With the current proposal to change the zoning along Bayou St. John to the LP District, a narrow linear zoning district would be created between Wisner Boulevard and the center of the bayou. While this area is currently zoned RS-1 Single Family Residential along its length, the proposed new zoning district would further complicate the map and result in two very narrow, linear zoning districts along that portion of the bayou south of Mirabeau Avenue, where the current RS-1 District is already narrow. The staff understands the concerns of the neighborhood in their effort to preserve this area as a passive recreation area. However, save the risk of further complicating the zoning map, the staff recommends that the existing RS-1 zoning remain along this area of Bayou St. John. The staff believes that the current zoning is adequate to prevent any commercial development and, because the land is publicly owned, any proposal for any private residential development would require the purchase of the property from the City, requiring a public hearing.

The proposed LP District in the Square(s) bounded by Fleur De Lis Drive, Fortieth and Thirty Eighth Streets, and Avenue A, known as Fleur de Lis Playground, included existing residential lots fronting on Avenue A. The staff believes that the boundary line was drawn in error, as the existing residential uses are being redeveloped at this time. The staff recommends that the boundary be amended to exclude these residential lots.

Those linear parks within the Lake Vista neighborhood, specifically identified on the existing zoning map as Foliage, Breeze, Ozone, Zephyr, and Floral Parks, appear also to be designated incorrectly. The proposed boundary lines extend across existing residential lots, contrary to standard practice. The staff recommends that the existing dashed lines of the subject park areas that are indicated on the zoning maps coincide with the proposed LP District. These boundaries were emphasized previously in the description of the proposed Lake Vista Residential Districts.

The triangular-shaped area, occupied by the First Baptist Church and bounded on two sides by the Southern Railroad right-of-way and on the third side by the Greenwood Cemetery, is proposed as LP Lake Area Neighborhood Park. It is currently within an RS-2 Single Family Residential District, where churches are permitted uses. The staff believes that the zoning of this area should continue to permit church uses and should coincide with the zoning districts of the abutting properties.

The Interstate 10 and 610 rights-of-way are proposed to become LP Park and Recreation District. The staff believes that it is inappropriate to designate the Interstate rights-of-way as a neighborhood park, due to the implications that passive recreational activities can safely be performed there.

Finally, a section of N. Carrollton Avenue between Orleans Avenue and City Park Avenue is proposed to be within the LP Lake Area Neighborhood Park District. This section of N. Carrollton Avenue neutral ground is not wide enough to safely accommodate passive recreational activities. The staff recommends that these areas continue to convey the abutting zoning district designations, with the knowledge that it is very unlikely that any development will occur within these rights-of-way.

The proposed text of the overlay district indicates the intention for its application along specific neighborhood business and commercial corridors within the Lake Area Zoning Districts. The proposed regulations were to apply to all lots on city squares that front on Harrison Avenue between Orleans Avenue and the 17^th Street Canal located within the proposed LB-1 and LB-2 Lake Area Neighborhood Business Districts. Additionally, the intent was for the overlay district to also apply to all existing and proposed commercially zoned lots on squares that front on Robert E. Lee Boulevard between West End Boulevard and Vicksburg Street, specifically within the LB-1 and LB-2 Districts. The overlay district regulations would not apply to the construction, redevelopment, alteration or improvements to single-family and two-family residential buildings within the overlay.

The CPC staff recommends extension of the Overlay District to include the Robert E. Lee Shopping Center and the large parking lot in front. The existing shopping center building would retain a “grandfathered” status for its location and orientation, however any large scale redevelopment involving a new site plan would be subject to design and landscaping standards.

F. Is the proposed action supported by or in conflict with policies or strategies of the New Century New Orleans Master Policy Plan?

Existing Neighborhoods 1.2: Create zoning districts and other regulatory tools that are more flexible or that can be individually tailored to better reflect and protect varying residential densities, appropriate capacities and the mix of uses in older established neighborhoods.

Neighborhood Commercial Services 1.0: Promote businesses that have a commitment to their neighborhoods and enhance the neighborhood setting.

Public Services 1.0: Incorporate neighborhood involvement, specific service standards and clear accountability in the delivery of neighborhood services.

Governmental Role 2.0: Balance the interests of the public with those of private developers.

Governmental Role 3.0: Shift to more “citizen-centered” planning, responsive to community needs and goals.

Commercial Centers and Neighborhoods 1.0: Promote economic development that fosters the growth of compatible and appropriate small businesses. Maintaining strong, stable neighborhoods must complement this effort.

Creating Economic Development Assets 2.0: Recognize neighborhood revitalization as an economic development tool.

Development Along Waterbodies 1: Strengthen the economic and recreational potential of the lands adjacent to the river, lake, and industrial canal, while keeping them well linked with the surrounding areas.

Development Along Waterbodies 2.3.d: Enhance open spaces, parks, and recreational opportunities, and increase pedestrian access.

Land Use 1.0: Modify zoning and permitting to encourage recreational and cultural property uses.

According to the 1999 Land Use Plan, the residents recommended that Planning District Five preserve its low-density residential quality and the existing green space, and noted that the recent trend of replacing small single family residences with large singles or doubles should be controlled. Residents recommended that commercial activity be restricted to where it already exists in such areas as Harrison Avenue and Robert E. Lee Boulevard, and that it should be limited to neighborhood services, including full-service grocery stores. Landscaping buffers and off-street parking are needed to mitigate conflicts between commercial/institutional and residential areas.

Some of the recommendations in the Plan with regard to Neighborhood Commercial Uses proposed that future development of commercial activities be restricted to major thoroughfares such as Canal Boulevard, Harrison Avenue and the intersection of West End Boulevard and Robert E. Lee Boulevard, where similar establishments currently exist. The limitations were intended to support and reinforce the existing residential nature of the District and minimize the negative effects of commercial development on the surrounding residential areas. While legal non-conforming commercial uses are currently scattered throughout the District, the land use plan reflects a reduction, as individual uses cease operating and become available for future residential development. The Plan noted that in District Five, the 1999 Land Use Plan and subsequent revisions to the CZO are likely to result in a more restricted list of permitted uses allowed in neighborhood commercial areas. No area of high intensity, regional commercial land uses has been proposed for District Five.

Recommendations for Parks and Recreation in the 1999 Land Use Plan supports continuation of all existing parks and encourages development of additional green space. The Plan proposes to keep access to Lake Pontchartrain public, to maintain City Park, to continue development standards regulating building setbacks and alleyway drives, and to add green space on currently vacant lots.

Other recommendations noted in the plan include securing greater public input in preparing any future development plans for City Park; as a part of the work on the revision to the Comprehensive Zoning Ordinance, developing measures for density control (restrict townhouses, determine minimum setbacks) and create design guidelines for specific neighborhoods and commercial corridors (such as Harrison and Carrollton Avenue) to ensure harmonious relationship between the existing and infill developments; creating landscaping and design standards for major traffic thoroughfares to enhance the overall appearance of the area; and recommendations for buffer zones and strips as a part of site design to reduce potential conflict between the residential and adjoining commercial and institutional uses.

Zoning Docket # 62/07 is a request by City Council Motion for a series of zoning text and map changes to Planning District 5. Working within established neighborhood associations and City-sanctioned planning processes, members of the community developed a draft of text and map changes for the area. The proposed new districts were tailored to Planning District 5 and would effect only that area. Authorized uses and regulations in the various proposed residential, neighborhood business, commercial, park, and design review districts were based on existing zoning, but carefully examined for relevance, suitability, and compatibility. The new residential zoning districts provide a final solution for an area that has for years been under an Interim Zoning District (IZD) prohibiting most new two-family dwellings. The new single family residential districts incorporate the regulations of the IZD. Overall, the new business and commercial districts authorize less intense uses and more carefully restrict sizes. However, new and expanded business districts are proposed along with a design review overlay district to create more visually appealing commercial corridors.

The West End Marina area bounded by Lake Marina Avenue, the Jefferson Parish line, Lake Pontchartrain, and Lakeshore Drive is not recommended for zoning map changes as part of this docket. The Marina itself, within a LI Light Industrial District, is excluded from the City Council Motion based on a study being conducted by the Regional Planning Commission. The study is considering land use and zoning for part of the West End area together with a part of the Jefferson Parish lakefront. It is recommended by the CPC staff that the aforementioned area be considered for zoning changes along with the Marina once the study is complete.

Martin Landrieu, 6572 General Haig Street, representing the Planning District 5 Recovery Group, explained the background leading up to proposal. He noted that there was an uproar of neighborhood activism in response to Hurricane Katrina and the Bring New Orleans Back Commission’s recommendation to restrict redevelopment of neighborhoods and instead create large pockets of green space in Planning District 5 (PD 5). He described the planning process of the seven neighborhoods within the Planning District:

Yen Guillory, 200 Robert E. Lee Boulevard, spoke in support of the proposed Robert E. Lee Boulevard neighborhood business district. She noted that the Robert E. Lee Shopping Center is limited in its provision of neighborhood services. She said that the business district would be good for New Orleans’ tax base and residents would make less trips to Metairie for shopping.

Tim Hurley, 123 Bellaire Drive, signed up to speak as President of the Country Club Gardens Association. He did not speak, but signaled his support of the proposal.

Susan Guidry, 963 Wilson Drive, spoke as the President of the Parkview Neighborhood Association. She supported the overall proposal because it makes the Zoning Ordinance more understandable and because it refines the list of permitted uses to only those appropriate for the neighborhoods. She hoped that it will give developers a more definitive idea about which uses the neighborhoods will support. She made the following comments relative to the CPC staff’s recommendations for the LRD-2 Lakewood/Parkview Two Family Residential District:

Deborah Langhoff, 4232 Canal Boulevard, spoke as the President of Lake Vista. She said that their neighborhood was a planned community built on a 1938 plan. She said that the original plan accommodates different types of residential, offices, houses of worship, and a bird sanctuary. She said that she was glad to see that many of their Orleans Levee Board covenant restrictions for Lake Vista were incorporated into the zoning regulations. She noted that limitations on garages were not included, but not negated either. She suggested that the eastern boundary of the proposal be extended to the shoreline of Bayou St. John to protect the Fort St. John. She noted a street misspelling (Ami instead of Ani) on page 35 of the Staff Report. She noted that “Lakeview” is just one neighborhood within Planning District 5 and requested that the Planning Commission documents refer to PD 5 as Lake Area Districts.

Michael Schneider, a Board member of the Lakewood Property Owners Association, spoke in favor of the proposal. He noted that there are no substantive changes from the current zoning. He commented that there has been some confusion about the recommended zoning for the “Riverbend Gymnastics Property” and he stated the Association’s position that all of Lakewood South be included within the LRS-3 Single Family Residential District.

Louis Shepard, President of the Lakewood Property Owners Association, requested verification that the only Lakewood area recommended for two-family residential zoning is the area north of I-610 and west of Fleur de Lis Drive. He further noted that the area regulations tables do appear to be correct.

Raymond Bergeron, 6725 Wuerpel Street, spoke as the Zoning Committee Chairman for the Lakeview Civic Improvement Association. He said that he is speaking also for Bari Landry, the President of the LCIA, and submitted a letter on her behalf. He noted that this proposal has been in the works for years. He offered to work with City Planning to refine the zoning districts, especially with regard to the Overlay District proposal.

Dale Stasney, 5928 Vicksburg Street, spoke in support of the proposal. He said that it is the result of uncommon cooperation among neighborhood residents and professionals. He commented that the Harrison Avenue expanded business district will be a benefit to the entire Lakeview District.

Justin Schmidt, 701 Poydras Street Suite 4500, spoke on behalf of several clients in the Lake Area. He voiced general support for the proposal. Regarding the map changes, he asked whether the Commission would be voting on the staff’s recommendations or the original proposal.

Chairman Jackson responded that it depends on the motion made by a Commissioner, but that they usually use the staff recommendation as the basis for a motion.

Mr. Schmidt advocated voting on the map and text amendments as recommended by the staff. He further noted that the Lake Area Design Corridor Overlay District text is not completed. He asked for another opportunity to address the Commission should there be any changes to its area of applicability.

Mr. Schmidt explained that he is referring to the map submitted by the Planning District 5 group and the map produced by the City Planning staff.

Michael Lawrence, 5941 Milne Boulevard, spoke against the proposed Polk Avenue neighborhood business district. He said that the Polk Avenue neighbors have no problem with the rest of the Lake Area proposal. He said that Polk Avenue is not a traditional business corridor and does not have the necessary available parking. He said that there is no need for additional business corridors. He said that many of the neighbors are back and renovating their houses.

Chairman Jackson inquired whether there is any businesses within the Polk Avenue corridor.

Mr. Lawrence responded that there is an antique shop/beauty shop/office that has been there since the 1930s. He said that there was another business that opened illegally across the street from it. He said that he believes that may have been the reason for including Polk Avenue in the original proposal. He said that he does not want to have to worry about living next to a car wash, gas station, or parking lot. He said that the Avenue is already a congested mess of Metairie-bound traffic. He explained that there is a group of thirty residents against the proposal and they have submitted a petition. He said that they are also concerned about the old Lakeview school on Milne Boulevard that has not been gutted.

Michael Hartenstein, 5929 Catina Street, stated that he is opposed to the commercialization of Polk Street, but is in support of the rest of the Lake Area proposal. He said that neighbors rebuilding is predicated on the belief that they were returning to the same neighborhood. He said that they are not interested in living there if it is next to a commercial district. He said that the neighborhood has been a wonderful place to live without commercial zoning. He said they submitted a petition with 52 names against the proposal. He said that they do not want the parking or congestion problems that may arise. He said the proposal probably came about to advance the financial interests of just a few people.

John Hunt, 5839 Catina Street, spoke against the proposed Polk Avenue business district. He said that he sees this as a potential safety hazard. He noted that New Orleans has a high number of incidents of pedestrian injury. He said that the traffic flow on the street is already too high and does not want it increased by businesses.

Doug Mayo, 212 W. Robert E. Lee Boulevard, spoke of a recent meeting among his neighbors bounded by Pontchartrain Boulevard, New Orleans-Hammond Highway, 17^th Street Canal, and the Lake. He said that in the area designated for high-rises, the neighbors are in agreement that the proposed 245 feet limit is too high. He explained that the two existing high-rises are about 185 feet high and that everyone can agree on that. He said that the 245 feet figure apparently came from the approved height of a third building that is yet to be constructed. He said that they are against the possibility of an RPC Residential Planned Community Overlay being used to increase the permitted density. He advocated a design review overlay for the high rise district. He further advocated that since the high rise district is adjacent to single family dwellings, there should be a greater rear yard setback requirement (30 feet instead of the proposed 15 feet.) He said there is a general concern about the accessory commercial uses allowed in the High Rise District. He stated that they were opposed to any gaming boat in the area, although he noted that the Marina area is not recommended for any zoning changes at this time. He made a request that a tree ordinance be placed either within the design review district or more general regulations. He said that a tremendous number of trees were lost in Hurricane Katrina. He submitted a draft tree ordinance as a way to improve the general area.

Robert Rutha, 122 Polk Avenue, spoke in opposition to the proposed business district on Polk Avenue. He said that there is already too much traffic on the street and that more businesses will exacerbate that. He said that he did not come back to New Orleans to live in a commercial area. He noted that a previous request for a zoning map change on Polk Avenue was rejected by the Commission. He said that the neighborhood is against the proposal.

Martin Landrieu commented that the neighborhood leaders behind the proposal fully respect the opinions of the Polk Avenue area residents. He said that the ideas came from a perspective of where commercial should be if you were starting from a blank slate. He asked the Commission to take into account the comments made today and use professional judgment. He said that the concept of the Lake Area zoning plan was included in both the Lambert and UNOP Plans. He supported the staff’s recommendation of deferral and will use the additional time to comment on the staff’s recommendations. He thanked the many people involved in the Lake Area planning process. He recognized Lawrence Cohen, who is present from the Lakeshore neighborhood and didn’t have a chance to speak as a proponent.

Commissioner Volz asked how the Polk Avenue idea came up and what opportunity the residents had to be involved, if any.

Mr. Landrieu responded that a zoning committee was formed that was open to anyone who wished to be involved. He said that the discussions started with trying to accommodate the longtime non-conforming businesses on Polk, Harrison, and Robert E. Lee. He said that these issues were discussed at monthly neighborhood meetings. He didn’t hear of any opposition until a recent meeting.

Commissioner Volz expressed his concern that residents were not privy to certain discussions regarding the Lake Area zoning districts proposal.

Mr. Landrieu responded that there presence here today shows that it was an open process, but some residents may have gotten involved at a later stage in the planning process. He attributed this to different rates of return based on personal circumstances.

Lawrence Cohen, President of the Lakeshore Property Owners Association, identified the Lakeshore neighborhood as bounded by Robert E. Lee Boulevard, West End Boulevard, Lakeshore Drive, and the Orleans Canal. He said that he was involved in the entire process and that the Board of Directors and residents are virtually all in favor of the proposal that was submitted. He commented that the proposed Robert E. Lee business district will enhance the neighborhood. He said more small businesses are needed and that is an appropriate location.

Chairman Jackson commented that the Commission has denied spot zones on Polk Avenue in the past, but they were overruled by the City Council. He said that spot zones and illegal businesses should not give credence to the proposal to change Polk Avenue to a commercial district.

Commissioner Jackson asked whether the Commission needs to make any specific recommendations as to how the staff should respond to various public comments such as with regard to the Polk Avenue proposal.

Executive Director Rodriguez explained that the staff will continue its analysis over the course of the next few weeks and that the Commission does not need to take any action today other than to defer the zoning docket.

Commissioner Volz made a motion to defer for two meetings until the August 14 meeting. He announced that the Commission accepts public comments through the Wednesday before the meeting. The motion was seconded by Commissioner Sloss and unanimously adopted.

BE IT MOVED BY THE CITY PLANNING COMMISSION THAT ZONING DOCKET # 62/07 IS HEREBY DEFERRED UNTIL THE AUGUST 14, 2007 MEETING.

Since the City Planning Commission public hearing on July 10, CPC staff has refined its recommendations based on further analysis and community input. Additional analysis can be found in the various subsections of Roman Numeral II of this report. The major changes are as follows:

· Automobile-oriented uses of non-accessory parking lots, car washes and gasoline stations were changed from permitted to conditional uses in the LB-1 and LB-2 Lake Area Business Districts.

· Automobile service stations, car washes, and gasoline stations were changed from permitted to conditional uses in the LC Lake Area Commercial District.

The staff recommends modified approval in accordance with the attached recommended text for Article 9A of the Comprehensive Zoning Ordinance and attached recommended map changes labeled “CPC Staff Recommendations.” The staff further recommends modifications to the Table of Contents as well as Articles 11 and 15 of the Comprehensive Zoning Ordinance to provide appropriate references to the Lake Area Districts, where applicable.

1. The Lake Area Zoning District regulations recognize and preserve the unique character of the Lake Area neighborhoods.

2. The Lake Area Zoning District regulations establish clear development guidelines that better reflect the desired environment. The regulations balance neighborhood quality of life with expanded locations for business opportunities to serve those neighborhood residents.

3. The neighborhood-specific regulations can be easily modified in the future to adapt to changing needs without effecting regulations citywide.

[1] Ordinance No. 11,302 C.C.S., effective 6 June 1929.

[2] Ordinance No. 5,512 M.C.S. (Zoning Docket 6/74), effective 5 September 1974.

[3] “Title 33, Planning and Zoning” of the Portland City Code includes twenty-eight (28) “Plan Districts” for specific neighborhoods throughout the city. The Planning Code of the City and County of San Francisco’s Municipal Code includes seventeen (17) “Individual Area Districts”, as well as several use districts for the Chinatown, South of Market, and Mission Bay neighborhoods. Articles VIII through XII of the Zoning Resolution of the City of New York provide for forty (40) “Special Purpose” neighborhood zoning districts.

[4] Ordinance No. 21,975 M.C.S. (Zoning Docket 14/05) was adopted by City Council Motion on May 5, 2005, and was subsequently extended pursuant to Article 16, Section 16.4.3.3 of the Comprehensive Zoning Ordinance for two six month periods, until June 1, 2007. City Council Motion M-07-255, which was adopted on June 7, 2007, gave effect to a new Interim Zoning District that prohibits the issuance of permits for development that is inconsistent with the proposed Lakeview Single-Family Residential District for one year or until such time as the City Council has taken action on the Lake Area Zoning District proposal.

[5] Article 11, Section 11.55.2.3.b. of the Comprehensive Zoning Ordinance.

[6] Louisiana Revised Statutes 33:4882. Acts 2006, No. 737, §1 effective June 29, 2006.

[7] As proposed, private golf courses would require a minimum site area of seventy-five acres.

[8] Howard, Ebenezer. “The Town-Country Magnet.” In The City Reader. Richard T. LeGates and Frederic Stout (eds.). New York: Routledge, 1996.

[9] Greater New Orleans Community Data Center. 2002. Lakeshore/Lake Vista Neighborhood Snapshot. http://www.gnocdc.org/orleans/5/35/snapshot.html. Accessed 29 July 2007.

[10] Wikipedia.org. “Henry Wright.” 2007. http://en.wikipedia.org/wiki/Henry_Wright. Accessed 29 July 2007.

[11] Article 11, Section 11.38. Schools, Public/Private Junior High or Senior High Schools of the Comprehensive Zoning Ordinance require minimum site area of five (5) acres for these uses.

[12] Public and private elementary, junior, and high schools are authorized as conditional uses within all Residential districts in Article 4 of the Comprehensive Zoning Ordinance, and are authorized as permitted uses in all Vieux Carré Residential and Historic Marigny/Tremé Residential Districts.

[13] Based on Yard Definitions, Article2, Sections 2.2.196, 2.2.197, 2.2.198, and 2.2.199 of the CZO.

[14] Proviso 1 of Ordinance No. 15,017 M.C.S. (Zoning Docket 108/91)

[15] Article 11, Sections 11.37. Schools, Public/Private Elementary Schools (including kindergarten) and 11.38. Schools, Public/Private Junior High or Senior High Schools of the Comprehensive Zoning Ordinance require minimum site area of two (2) acres or one (1) City square (whichever is the lesser) and five (5) acres for these uses, respectively.

[16] Public and private elementary, junior, and high schools are authorized as conditional uses within all Residential districts in Article 4 of the Comprehensive Zoning Ordinance, and are authorized as permitted uses in all Vieux Carré Residential and Historic Marigny/Tremé Residential Districts.

[17] Article 11, Section 11.38. Schools, Public/Private Junior High or Senior High Schools of the Comprehensive Zoning Ordinance require minimum site area of five (5) acres for these uses.

[18] Public and private elementary, junior, and high schools are authorized as conditional uses within all Residential districts in Article 4 of the Comprehensive Zoning Ordinance, and are authorized as permitted uses in all Vieux Carré Residential and Historic Marigny/Tremé Residential Districts.

[19] Based on Yard Definitions, Article2, Sections 2.2.196, 2.2.197, 2.2.198, and 2.2.199 of the CZO.

[20] But excluding two B-1A Neighborhood Business Districts, one along South Carrollton Avenue between Toulouse Street and Orleans Avenue and the other at the corner of North Carrollton Avenue and Dumaine Street, and a B-1 Neighborhood Business District at the corner of North Alexander and Dumaine Streets.

[21] Greater New Orleans Community Data Center. 2002. West End Neighborhood Snapshot. http://www.gnocdc.org/orleans/5/39/snapshot.html. Accessed 29 July 2007.

[22] Ordinance 22,160 M.C.S. (Zoning Docket 98/05) amended Ordinance 21,937 M.C.S. (Zoning Docket 3/05) to add Lot H of Square 9 to the RPC District created by the earlier Ordinance. Lot 9 was changed from an RD-2 Two-Family Residential District to a B-1A Neighborhood Business District by Ordinance 22,036 (Zoning Docket 25/05), with a title restriction that limited its use to green space.

[23] The proposed LRM-2 District does not include any property adjacent to a waterway. Article 2, Section 2.2 Definitions (No. 22.) of the Comprehensive Zoning Ordinance requires that a development occupy a minimum of 500 acres or 300 lots. The entirety of the proposed LRM-2 District does not meet either of these thresholds.

[24] A proposed high-rise multiple family residential building in the area known as “L’Ultime” has already been approved by the City Council at a height exceeding 185 feet. It will not be effected by the new regulations.

[25] These regulations are superceded by those of the Lake Area Design Corridor Overlay District, where applied. Most of the area proposed for inclusion in the LB-1 Lake Area Business District is also proposed for inclusion within the Overlay District.

[26] The Times-Picayune, Thursday, July 5, 2007, “RTA revives Canal Blvd. station plan,” Metro Edition, Section A-1.

[27] In accordance with Article 3, Section 3.1.5.2.d. of the Comprehensive Zoning Ordinance.

[28] In accordance with Article 3, Section 3.1.5.2.d. of the Comprehensive Zoning Ordinance.

[29] St. Dominic Catholic Church – currently within an RD-2 Two Family Residential District – would be within the LRS-1 Lakeview Single Family Residential District under the proposal.

[30] On many of Lakeview’s City squares, 25 ft. wide lots were originally created, sold in pairs, and improved with one building across lot lines. Therefore, in these cases where 25 ft. wide lots are located on cross streets with Harrison Avenue, the LB-1 District should include about four lots.

[31] The City Council has not yet acted on the petition.

[32] Staff recommends including the Interstate rights-of-way within adjacent residential zoning districts. See further explanation within the section on residential zoning map changes.

[33] The LB-1 Lake Area Neighborhood Business District prohibits commercial buildings or uses over 5,000 square feet. The LB-2 Lake Area Neighborhood Business District authorizes them as conditional uses.

[34] See the following section on map changes related to Park Districts.

[35] Subject to modification by the City Planning Commission