New Orleans City Planning Commission Meeting - September 12, 2023

The New Orleans City Planning Commission (CPC) met on September 12, 2023, at 1:30 PM in Council Chambers. The meeting covered multiple zoning and subdivision dockets, including text amendments, conditional uses, and subdivision approvals. The Commission voted on each item, with most passing with modifications or conditions.

Consent Calendar

• Minutes Adoption: The Commission unanimously approved the minutes from the August 8, 2023 and August 22, 2023 meetings.

Public Comments & Testimony

• Zoning Docket 055/23 (Community Solar): Jesse George (Alliance for Affordable Energy) expressed support for the amendment but urged the Commission to avoid a definition that would limit community solar project ownership to utilities only. The Commission subsequently modified the motion to allow any private or nonprofit entity to own and operate projects.
• Zoning Docket 056/23 (Lake Area Marina District Residential Uses): Ron Duplessis (president of Lighthouse Harbor Condominiums homeowners association) opposed the text amendment, stating it would make his 40-year-old complex non-compliant and requested deferral for proper notice. Staff explained that existing multifamily properties would become legally non-conforming but could continue until vacancy.
• Zoning Docket 068/23 (Child Care Center): Jenna Stevens (owner of the adjacent daycare) and Nick Kendall (Agenda for Children) spoke in support, emphasizing the need for infant care in Algiers. Mr. Kendall requested corrections to provisos regarding student count and subdivision requirements.
• Zoning Docket 069/23 (Lower Coast Algiers Rezoning): Lee Dupont (Lower Coast Algiers Association president) supported the zoning change, citing lack of infrastructure (no sewers, unpaved roads, no fire station) as reasons for low-density residential zoning.
• Zoning Docket 070/23 (Retail Alcohol Sales): Chip Lyons (applicant), Peter Trapolin (property owner), and Miles Martin (architect) spoke in favor, proposing a high-end liquor store with no on-site consumption. Michael Duplantier and Robert Vosbein (Lafayette Square Association) opposed, arguing the use would harm the residential character and that a similar store already exists nearby. The applicant offered a good neighbor agreement.
• Subdivision Docket 092/19 (Algiers Resubdivision): Mike Sherman (applicant) requested approval to correct a 25-foot survey error affecting 86 affordable housing units. Juan Molina (adjacent property owner) asked for deferral, citing insufficient time to review conflicting surveys. The applicant committed to further discussion before final recording.
• Subdivision Docket 102/23 (Central City Lot Merger): Wynton Yates (applicant) explained he bought the adjacent lot to prevent unwanted development and build an addition, despite staff recommendation for denial due to irregular lot shape.

Discussion Items

• Zoning Docket 055/23 – Community Solar Text Amendment: Staff presented a comprehensive revision to allow community solar as a principal use, with size-based categories (small-scale ≤5 acres, large-scale >5 acres) and design standards. The original motion was modified to remove the collective alternative energy system clause (unused since 2015) and to allow ownership by any entity, not just utilities. The Commission approved with the modification.
• Zoning Docket 056/23 – Lake Area Marina District Residential Use Restrictions: Staff recommended approval to align zoning with the Master Plan, which only allows boat houses as residential use in the S-LM district. The text amendment removes allowances for dwelling above ground floor, townhouse, multifamily, group homes, and permanent supportive housing. Four existing multifamily buildings would become non-conforming. The Commission approved.
• Zoning Docket 068/23 – Small Child Care Center: Staff recommended approval with 14 provisos (including a waiver for street loading). The applicant agreed to tie the two lots operationally. The Commission approved as recommended.
• Zoning Docket 069/23 – Rezoning to Rural Residential Estate: Staff recommended approval to rezone a 16-acre parcel from S-B2 (suburban commercial) to RRE (rural residential) to match surrounding area and Master Plan objectives. The Commission approved.
• Zoning Docket 070/23 – Conditional Use for Packaged Alcohol Sales: Staff recommended approval with one proviso. After extensive discussion, the Commission added multiple provisos: no on-premises consumption or food preparation, minimum container size of 375 ml, at least 30% shelf space for food, hours 10 AM–10 PM (until midnight Fri–Sat), no video poker, no indoor/outdoor seating, and a plan to keep adjacent area clean. The Commission approved with these provisos.
• Zoning Docket 071/23 – Mardi Gras Den Expansion: Staff recommended approval with three provisos for the Krewe of Tucks to expand an existing non-conforming float den. No opposition. Approved as recommended.
• Subdivision Docket 092/19 – Correction of Survey Error: Staff recommended approval subject to variance determination from Safety and Permits. The applicant requested flexibility on proviso language. The Commission approved, with the understanding that the applicant will work with adjacent property owners and return for a land swap later.
• Subdivision Docket 102/23 – Irregular L-Shaped Lot: Staff recommended denial because the proposed lot shape exceeded the 15% threshold for non-rectangular lots. The applicant argued the merger would improve the neighborhood and prevent dumping. The Commission voted to approve despite staff recommendation.
• Subdivision Docket 114/23 – Re-subdivision on Frenchmen Street: Staff recommended approval to re-subdivide Lot S into two lots to align with existing structures. No public comments. Approved as recommended.
• Subdivision Ratifications: The Commission ratified a list of applications deemed eligible for administrative approval.

Key Outcomes

• Zoning Docket 055/23: Approved (8-0) with modification to allow non-utility ownership.
• Zoning Docket 056/23: Approved (8-0).
• Zoning Docket 068/23: Approved (8-0).
• Zoning Docket 069/23: Approved (8-0).
• Zoning Docket 070/23: Approved (8-0) with 11+ provisos as detailed above.
• Zoning Docket 071/23: Approved (8-0).
• Subdivision Docket 092/19: Approved (8-0), with direction to the applicant to address adjacent property owner concerns before final recording.
• Subdivision Docket 102/23: Approved (8-0) over staff denial.
• Subdivision Docket 114/23: Approved (8-0).
• Subdivision Ratifications: Approved (8-0).
• Next Steps: All approved items will be transmitted to the City Council for final action. Staff will produce an implementation guide for solar energy systems. The applicant for SD 092/19 must coordinate with Safety and Permits regarding variances.