ORDINANCE CITY OF NEW ORLEANS. AN ORDINANCE to provide for the establishment of a Conditional Use to permit a

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1 ORDINANCE CITY OF NEW ORLEANS CITY HALL: December 0, 0 CALENDAR NO. 3,0 NO. MAYOR COUNCIL SERIES BY: COUNCILMEMBER CANTRELL AN ORDINANCE to provide for the establishment of a Conditional Use to permit a coffee shop with drive-thru facilities in an RO- General Office District, on Square 303, Lots 8, 9, and 0, in the Second Municipal District, bounded by Canal, North Tonti, North Miro, and Iberville Streets (Municipal Address: 33 Canal Street); and otherwise to provide with respect thereto. WHEREAS, Zoning Docket Number 9/ was initiated by Johnny A. Fassbender and referred to the City Planning Commission; and WHEREAS, the City Planning Commission held a public hearing on this zoning petition and the role resulted in a recommendation of no legal majority, in its report to the City Council dated October 9, 0, of the Conditional Use presented in Zoning Docket Number 9/; and WHEREAS, the changes were deemed necessary and in the best interest of the City of New Orleans and the request was granted approval as stated in Motion Number M--9 of the Council of the City of New Orleans, adopted on November 9, 0. SECTION. THE COUNCIL OF THE CITY OF NEW ORLEANS HEREBY ORDAINS, That a Conditional Use to permit a coffee shop with drive-thru facilities in an

2 RO- General Office District, on Square 303, Lots 8, 9, and 0, in the Second Municipal District, bounded by Canal, North Tonti, North Miro, and Iberville Streets (Municipal Address: 33 Canal Street); is hereby authorized and approved, subject to the following sixteen () provisos as specifically set forth herein: PROVISOS: No person shall use any of the properties described herein or permit another to use any of those properties described herein for the use authorized by this ordinance, unless the following requirements are met and continue to be met:. The developer shall alter the building design to reduce its overall depth and widen its street frontage along Canal Street to provide for a more prominent frontage and screen the parking from the public right-of-way, subject to the review and approval of City Planning Commission staff.. The developer shall maintain the primary entrance to the structure on the Canal Street façade and design the building to minimize parking and driving lanes, pedestrian and bicycle conflicts, and to contribute to the overall character of the surrounding district, subject to the review and approval of City Planning Commission staff. 3. The developer shall locate any building details or features related to the drive-thru facility on the rear façade of the building such that no part of it is visible from the public right-ofway and are screened from neighboring properties.. The volume on all intercom menu displays shall be maintained at a level so as not to be audible in the adjoining residential district.

3 The Department of Safety and Permits shall issue no building permits or licenses for this project until final development plans are approved by the City Planning Commission and recorded with the Office of Conveyances. Failure to complete the conditional use process by properly recording plans within a one year time period or failure to request an administrative extension as provided for in Article, Section.9. of the Comprehensive Zoning Ordinance will void the conditional use approval.. The developer shall increase the parking to provide the required spaces. 7. The developer shall utilize a permeable paving material for the parking stalls and grade the site to drain in the direction of the permeable paving area. 8. The developer shall delineate pedestrian crossings, including those along the Canal Street sidewalk where vehicles are to encroach, with a separate material or highly visible striping which clearly delineates the area. 9. The developer shall install a tall, opaque fence around the interior perimeter of the site, necessary to screen the drive-thru facilities from neighboring properties. 0. The developer shall reduce all two-way curb-cuts and driving lanes to a maximum width of, and secure the approval the Department of Public Works.. The developer shall repair and restore any damaged sidewalks along all street frontages, subject to the review and approval of the Department of Public Works.. The developer shall resubdivide all lots into a single lot of record. The resubdivision shall be finalized prior to the issuance of a Certificate of Use and Occupancy by the Department of Safety and Permits. 3

4 The developer shall submit a revised site and landscaping plans that comply with Article 0, Section 0.3A. of the Comprehensive Zoning Ordinance. The landscape plan shall be prepared by a licensed Louisiana landscape architect. This landscape plan shall indicate the following: a) Any proposed on-site landscaping, including the genus, species, size, location, quantity, and irrigation of all proposed plant materials within both the site and the street rights-of-way adjacent to the site, with applicable remarks, size of planting areas, and details; subject to the review and approval of the City Planning Commission staff; b) A continuous landscape buffer no less than 3 wide around the perimeter of the subject site which contains, at a minimum, a hedge with shrubbery no less than 30 in height; c) At least one () street tree in the planting strip between the sidewalk and the street, subject to the approval of the Department of Parks and Parkways; and d) Any proposed landscaping of the public rights-of-way adjacent to the site, including the removal of any existing trees, the protection of existing trees, and the planting of new trees, subject to the review and approval of the City Planning Commission staff and the Department of Parks and Parkways.. The developer shall be limited in the number and square footage of any signage within the site as determined by the regulations of Article 0, Section 0.3A..3 Signage of the Inner-City Urban Corridor and Article, Section.8. Permitted Signs for the RO- General Office District of the Comprehensive Zoning Ordinance.

5 The developer shall submit a litter abatement program letter to the Department of Sanitation for review and approval. The letter shall include the stated location of trash storage, the type and quantity of trash receptacles, the frequency of trash pickup by a contracted trash removal company, and the plan for clearing of all trash from the sidewalks and street rights-of-way. The name and phone number of the owner/operator of the development shall be included in this letter to be kept on file in case of any violation. In no case shall trash be stored so that it is visible from the public right-of-way.. The developer shall provide adequate on-site outdoor waste receptacles and provide daily litter clean-up of the facility and along the rights-of-way abutting the property. SECTION. Whoever does anything prohibited by this Ordinance or fails to do anything required to be done by this Ordinance shall be guilty of a misdemeanor and upon conviction shall be subject to a fine or to imprisonment or both, such fine and/or imprisonment set by Section -3 of the 99 Code of the City of New Orleans, or should alternatively be subject to whatever civil liabilities, penalties or remedies the law may prescribe. Conviction shall be cause for the immediate cancellation of the Use and Occupancy permit of the premises. SECTION 3. This ordinance shall have the legal force and effect of authorizing this conditional use only after all the provisos listed in Section of this Ordinance which impose a one-time obligation have been completely fulfilled and complied with, and only after all the provisos listed in Section which impose a continuing or on-going obligation shall have begun to be fulfilled, as evidenced by the Planning Commission s approval of a final site plan, on or before one year from the date of adoption of this ordinance, (which shall be incorporated into this ordinance by reference) and its subsequent recordation, and no use or occupancy certificates

6 or permits (other than the building permits needed to fulfill the provisos) shall be issued until all the provisos which impose a one-time obligation have been completely fulfilled and complied with, and only after all the provisos listed in Section which impose a continuing or ongoing obligation shall have begun to be fulfilled, as evidenced by the Planning Commission s approval of a final site plan (which shall be incorporated into this ordinance by reference) and its subsequent recordation. If the development or construction of the conditional use authorized herein is not commenced within one () year from the date this ordinance becomes law, as contemplated by Section 3-3 of the Home Rule Charter of the City of New Orleans, the provisions of this Ordinance shall be null, void and of no legal force and effect. ADOPTED BY THE COUNCIL OF THE CITY OF NEW ORLEANS PRESIDENT OF THE COUNCIL DELIVERED TO THE MAYOR ON APPROVED: DISAPPROVED: MAYOR RETURNED BY THE MAYOR ON AT ROLL CALL VOTE: CLERK OF COUNCIL YEAS: NAYS: ABSENT:

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

CITY PLANNING COMMISSION CITY OF NEW ORLEANS MITCHELL J. LANDRIEU MAYOR ROBERT D. RIVERS EXECUTIVE DIRECTOR LESLIE T. ALLEY DEPUTY DIRECTOR City Planning Commission Staff Report Zoning Docket 046/16 Executive