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

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1 CITY PLANNING COMMISSION CITY OF NEW ORLEANS MITCHELL J. LANDRIEU MAYOR ROBERT D. RIVERS EXECUTIVE DIRECTOR LESLIE T. ALLEY DEPUTY DIRECTOR City Planning Commission Staff Report Zoning Docket 046/16 Executive Summary Applicant: City Council Motion M Request: This is a request to rescind Ordinance No. 13,654 MCS (Zoning Docket 074/88, which established a Conditional Use to permit the expansion of an existing fire station and the relocation of a police station) as the Conditional Use is obsolete and should be removed from the official zoning map, to allow for the redevelopment of the site in conjunction with Zoning Docket 021/16, a request by the City of New Orleans for a Conditional Use to permit a new public works and safety facility (fire station) at this site. Location: The municipal addresses are Read Boulevard. Summary of Proposal: Master Plan: Zoning Docket 046/16 is a request for rescission of Ordinance No. 13,654 MCS whish established a Conditional Use to permit the expansion of an existing fire station as the Conditional use is obsolete. The subject property is approximately 1 acre in size, and it is located at the corner of Read Boulevard and Dwyer Road. The site is developed with an existing fire station, which is to be demolished and replaced by a new 2-story fire station. The proposal for the new fire station was recommended for approval by the Planning Commission on March 8, 2016, under Zoning Docket 021/16. The proposal meets the standards of Revocation of Conditional Use set forth in Article 4 of the Comprehensive Zoning Ordinance. Rescissions of ordinances are procedural matters that are not addressed by the Master Plan. 1

2 Recommendation: The CPC staff recommends approval of Zoning Docket 046/16, a request to rescind Ordinance No. 13,654 M.C.S. Reasons for Recommendation: 1. The newly proposed conditional use (ZD021/16) that will allow the replacement of the existing facility is consistent with the Master Plan and the purpose of the C- 2 District. 2. The proposal meets the standards of Revocation of Conditional Use set forth in Article 4, Section 4.3.I of the Comprehensive Zoning Ordinance. 2

3 City Planning Commission Meeting CPC Deadline: 07/09/16 Tuesday, May 10, 2016 CC Deadline: 60 days from receipt Council District: E Gray Zoning Docket: 046/16 STAFF REPORT To: City Planning Commission From: Robert Rivers, Executive Director Stephen Kroll, Assistant Planning Administrator Prepared by: Sabine Lebailleux Date: May 11, 2016 I. GENERAL INFORMATION: Applicant: City Council Motion M Request: This is a request to rescind Ordinance No. 13,654 MCS (Zoning Docket 074/88, which established a Conditional Use to permit the expansion of an existing fire station and the relocation of a police station) as the Conditional Use is obsolete and should be removed from the official zoning map, to allow for the redevelopment of the site in conjunction with Zoning Docket 021/16, a request by the City of New Orleans for a Conditional Use to permit a new public works and safety facility (fire station) at this site. Location: The petitioned site is located on Lot C-2, Lakratt Tract, Section 24, in the Third Municipal District, bounded by Read and Lake Forest Boulevards and Wright and Dwyer Roads. The municipal addresses are Read Boulevard. (PD 9) Description: The subject property is currently the site of Engine 36 Fire Station. It is located at the corner of Read Boulevard and Dwyer Road and is adjacent to the 7 th District Police Station and an entrance to Joe W. Brown Memorial Park. The property, Lot C-2, is approximately 1 acre in size. The city proposed a new conditional use (Zoning Docket 021/16) in order to demolish the existing fire station and to construct a new fire station. 1 The new proposed conditional use was recommended for approval by the Planning Commission on March 8, 2016 subject to one waiver and eleven provisos. This new conditional use, if approved by the City Council, will make the existing conditional use obsolete. 1 The existing fire station will be demolished except for the existing truck bays that will remain in use until the new fire station is complete. 3

4 Why is City Planning Commission action required? The City Planning Commission is required to make a recommendation on all proposed zoning ordinances and amendments prior to City Council action, in accordance with Section Zoning Ordinance of the Home Rule Charter of the City of New Orleans. II. CONTEXT A. Description of existing conditional use ordinance Under the Comprehensive Zoning Ordinance effective at the time the existing conditional use ordinance was adopted, the site was located in an RS-1 Single-Family Residential District, in which police and fire stations were authorized as conditional uses. The City Council initiated a request for a conditional use to permit the expansion of an existing fire station (Fire Station 36) and construction of a new Police station (7 th District) at the corner of Read Boulevard and Dwyer Road. This conditional use affected two lots: Lot C-2, occupied by the fire station, and Lot X, occupied by the police station. It was recommended for approval by the Planning Commission in November 1988, and approved by the City Council in December 1988 (Motion No. M ). The conditional use was effected by Ordinance 13,654 M.C.S. In 2009, this conditional use ordinance was rescinded on the adjacent Lot X, where a new police station was built, replacing the previous police station that was damaged during Hurricane Katrina. This rescission was accompanied by a zoning change from an RS-1 Single-Family Residential District to a C-2 General Commercial District. This rescission left the conditional use applicable to Lot C-2 only (Ordinance 27,600 M.C.S.; Zoning Docket 043/09). B. Purpose of rescission The City s Capital Projects Administration proposes to redevelop Lot C-2 with a new fire station. Under the Current Zoning Ordinance, the site is located within a C-2 Auto- Oriented Commercial District, in which fire stations are also authorized as a conditional use. A new conditional use was requested by the City of New Orleans (Zoning Docket 021/16) to permit the demolition and replacement of the existing fire station with a new structure. The Planning Commission acted favorably on the newly proposed conditional use on March 8, If the proposed is approved by the City Council, the existing ordinance will be obsolete. III. COMPLIANCE WITH APPROVAL STANDARDS Compliance with Article 4 of the Comprehensive Zoning Ordinance Article 4, Section 4.3.I Revocation of Conditional Use of the Comprehensive Zoning Ordinance states that a conditional use may be revoked through the adoption of an 4

5 ordinance by the City Council after finding that any one (1) of the following conditions exists or after the occurrence of any of the following events: 1. The operation of the use for which a conditional use has been approved ceases for a continuous period of one (1) year by discontinuation or abandonment. 2. Any of the provisions of this Ordinance or any of the terms and conditions of the conditional use approval are violated. 3. A request is made by the property owner to revoke the conditional use. In this case, the third event has occurred since the City Council has requested under Motion M that the existing conditional use be rescinded. Compliance with the adopted Master Plan A land use action is consistent with the Master Plan if it furthers, or at least does not interfere with, the goals, policies, and guidelines in the Land Use Element of the Master Plan and is compatible with the uses, densities, and intensities of the designation of its site on the Future Land Use Map. Chapter 14: Land Use Plan of the Master Plan designates the future land use of the petitioned site as General Commercial. GENERAL COMMERCIAL Goal: Increase the availability of retail services and amenities (and increase retail tax base) within the City of New Orleans, especially in areas that are currently underserved by retail, with existing and new medium and large-scale commercial establishments and shopping centers. Range of Uses: Larger commercial structures including shopping and entertainment centers typically anchored by large supermarkets, department stores or big-box style establishments with supportive chain retail and surface or structured parking. Development Character: Structures oriented to the street where possible to encourage both pedestrian and automobile traffic. Sites are limited to accessible locations along major city roadways or highways with minimal negative impact on surrounding residential areas, often in proximity to transit. Rescissions of ordinances are procedural matters that are not addressed by the Master Plan. Consistency of the proposed use with the Master Plan was addressed in Zoning Docket 021/16, a request by the City of New Orleans for a conditional use to permit a new fire station at this site. 5

6 IV. SUMMARY Zoning Docket 046/16 is a request for rescission of Ordinance No. 13,654 MCS which established a Conditional Use to permit the expansion of an existing fire station as the Conditional use is obsolete. The subject property is approximately 1 acre in size, and it is located at the corner of Read Boulevard and Dwyer Road. The site is developed with an existing fire station, which is to be demolished and replaced by a new 2-story fire station. The proposed rescission would allow the redevelopment of the site in conjunction with Zoning Docket 021/16, a request by the City of New Orleans for a conditional use to permit a new fire station at this site. The request was recommended for approval by the Planning Commission on March 8, V. PRELIMINARY STAFF RECOMMENDATION 2 The CPC staff recommends approval of Zoning Docket 046/16, a request to rescind Ordinance No. 13,654 M.C.S. VI. REASONS FOR RECOMMENDATION 1. The newly proposed conditional use (ZD021/16) that will allow the replacement of the existing facility is consistent with the Master Plan and the purpose of the C- 2 District. 2. The proposal meets the standards of Revocation of Conditional Use set forth in Article 4, Section 4.3.I of the Comprehensive Zoning Ordinance. VII. CITY PLANNING COMMISSION MEETING (MAY 10, 2016) The speakers at the public hearing are listed on the attached public hearing speaker sheet. The City Planner summarized the request, stating the staff s recommendation of approval. Nobody spoke in favor or against the request. Commissioner Marshall made a motion for approval of the request as recommended by staff. Commissioner Mitchell seconded the motion, which was adopted. Motion BE IT MOVED BY THE CITY PLANNING COMMISSION THAT ZONING DOCKET 046/16 IS HEREBY RECOMMENDED FOR APPROVAL. BE IT FURTHER MOVED THAT THE EXECUTIVE DIRECTOR IS HEREBY AUTHORIZED TO NOTIFY THE CITY COUNCIL OF SAID ACTION. 2 Subject to modification by the City Planning Commission 6

7 YEAS: NAYS: ABSENT: Duplessis, Marshall, Mitchell, Mora, Wedberg None Brown, Steeg VIII. REASONS FOR RECOMMENDATION 1. The newly proposed conditional use (ZD021/16) that will allow the replacement of the existing facility is consistent with the Master Plan and the purpose of the C- 2 District. 2. The proposal meets the standards of Revocation of Conditional Use set forth in Article 4, Section 4.3.I of the Comprehensive Zoning Ordinance. 7

8 Zoning Map ZD 021/16: Read Blvd. C 2 Auto Oriented Commercial District with ENORC & CT Overlay Districts

9 ZD 021/16: Read Blvd. Sanborn Map

10 MOTION (AS CORRECTED) NO. M CITY HALL: March 17, 2016 BY: COUNCILMEMBER GRAY SECONDED BY: COUNCILMEMBER WILLIAMS BE IT MOVED BY THE CITY COUNCIL OF THE CITY OF NEW ORLEANS, That the City Planning Commission is hereby directed to conduct a public hearing to consider a request to rescind Ordinance No. 13,654 M.C.S. (Z.D. 74/88 - establishing a conditional use to permit the expansion of an existing fire station and the relocation of a police station) as the conditional use is obsolete and should be removed from the Official Zoning Map, to allow for the redevelopment of the site in conjunction with Zoning Docket a request by the City of New Orleans for a conditional use to permit a new public works and safety facility (fire station) at this site, on Lot C-2, Lakratt Tract, Section 24 in the Third Municipal District, bounded by Read and Lake Forest Boulevards and Wright and Dwyer Roads. The municipal addresses are Read Boulevard. THE FORGOING MOTION WAS READ IN FULL, THE ROLL WAS CALLED ON THE ADOPTION THEREOF AND RESULTED AS FOLLOWS: YEAS: Brossett, Cantrell, Gray, Head, Ramsey, Williams - 6 NAYS: 0 ABSENT: Guidry - 1 AND THE MOTION WAS ADOPTED.

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14 ORDINANCE CITY OF NEW ORLEANS CITY HALL: July 23, 2009 CALENDAR NO. 27,600 NO: MAYOR COUNCIL SERIES BY: COUNCILMEMBER WILLARD-LEWIS AN ORDINANCE to provide for a zoning change from a RS-1 Single-Family Residential District to a C-2 General Commercial District and the rescission of Ordinance No. 13,564 M.C.S. (Zoning Docket 74/88, a Conditional Use to permit the expansion of an existing fire station (Engine House 36) and the relocation and expansion of a police station (7th District), on Square 24, Lots X and Part of A-3, in the Third Municipal District, bounded by Dwyer Road and Canal, Read and Lake Forest Boulevards and the Farrar Canal (Municipal Address: Dwyer Road), and otherwise to provide with respect thereto. WHEREAS, Zoning Docket Number 43/09 was initiated by City Council Motion M and referred to the City Planning Commission; and WHEREAS, the City Planning Commission held a public hearing on this zoning petition and recommended approval, in the report dated May 29, 2009 to the City Council, of the zoning change and the rescission of Ordinance No. 13,564 M.C.S., presented in Zoning Docket Number 43/09; and WHEREAS, the recommendation of the City Planning Commission was upheld and the changes were deemed to be advisable and necessary and in the best interest of the City and were approved by Motion Number M of the Council of the City of New Orleans on June 18, SECTION 1. THE COUNCIL OF THE CITY OF NEW ORLEANS HEREBY ORDAINS, That the Executive Director of the City Planning Commission be and is hereby directed to change the appropriate zoning district maps together with all the notations, references and other information shown thereon, together with the lot line zoning districts maps referred to in Article 3, Section 1 of Ordinance No M.C.S., as amended by 16,976 M.C.S., the Comprehensive Zoning Law of the City of New Orleans, the originals of which are properly attested and are on file with the Clerk of Council and attached to said ordinance and made a part thereof, to effect a zoning change from a RS-1 Single-Family Residential District to a C-2 General Commercial District, in accordance with Motion Number M of the Council of the City of New Orleans, approved on June 18, SECTION 2. THE COUNCIL OF THE CITY OF NEW ORLEANS HEREBY ORDAINS, That Ordinance No. 13,564 M.C.S. (Zoning Docket 74/88, a Conditional Use to permit the expansion of an existing fire station (Engine House 36) and the relocation and expansion of a police station (7th District), on Square 24, Lots X and Part of A-3, in the Third Municipal District, bounded by Dwyer Road and Canal, Read and Lake Forest Boulevards and the Farrar Canal (Municipal Address: Dwyer Road), is hereby rescinded. SECTION 3. 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 1-13 of the 1995 Code of the City of New Orleans, or shall 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. ADOPTED BY THE COUNCIL OF THE CITY OF NEW ORLEANS AUGUST 20, 2009 ARNIE FIELKOW PRESIDENT OF THE COUNCIL

15 DELIVERED TO THE MAYOR ON AUGUST 21, 2009 APPROVED: AUGUST 27, 2009 C. RAY NAGIN MAYOR RETURNED BY THE MAYOR ON AUGUST 28, 2009 AT 10:45 A.M. PEGGY LEWIS CLERK OF COUNCIL ROLL CALL VOTE: YEAS: Clarkson, Fielkow, Head, Midura, Willard-Lewis - 5 NAYS: 0 ABSENT: Carter, Hedge-Morrell (Temporarily Out of Chamber) - 2

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