City Planning Commission Meeting - January 9, 2024
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City Planning Commission Meeting - January 9, 2024
The New Orleans City Planning Commission met on Tuesday, January 9, 2024, starting at 1:30 PM in Council Chambers, to consider a lengthy agenda including zoning dockets, subdivision requests, and master plan Future Land Use Map (FLUM) amendments. The meeting lasted approximately 4.5 hours, with public testimony on several items and votes on nearly 30 agenda items. Notable decisions included approval of a conditional use for a nonprofit office on South Telemachus Street, approval of parklet regulation amendments, and a series of FLUM changes for Tulane University properties, among others. Several items were deferred due to staff limitations.
Consent Calendar
- Adoption of Minutes: The December 12, 2023 meeting minutes were approved unanimously.
- Subdivision Ratifications: A list of subdivision applications was approved administratively.
- Zoning Dockets 009/24 through 015/24: All seven items (zoning change requests, conditional uses, subdivision) were deferred to the January 23, 2024 meeting due to staff limitations. Deferrals were approved unanimously.
Public Comments & Testimony
- Zoning Docket 001/24 (130 S. Telemachus St.): Gail del Corral, the 90-year-old owner, testified that the property has been used commercially for decades (talent agency, movie production, now nonprofit Soil). Susanna Burley, Executive Director of Soil (Sustaining Our Urban Landscape), explained that the zoning change is critical to retain a $8 million federal grant to plant 16,000 trees. Several other supporters (Michael Marino, Maureen O'Brien, Paul Kramer, Haley Tilton Solsky, Scott Howard, Calvin Lopez) spoke in favor, emphasizing the nonprofit's low-impact office use and community benefits. No opposition spoke.
- Zoning Docket 006/24 (Neutral Ground Coffee House): David Clements, property owner, and Caroline Williams (co-owner) described the coffeehouse's 40+ year history as an all-ages, alcohol-free music venue. Supporters Adam Cohen and Ashley Beach highlighted its multigenerational community role. No opposition.
- Zoning Docket 004/24 (7457 St. Charles Ave.): Joshua Mann Pailette, applicant, briefly stated his intent to open a photography gallery.
- Zoning Docket 005/24 (4001 Behrman Hwy., Panda Express): Philip Metter, architect, explained the proposed drive-thru and coordination with Walmart and adjacent property.
- Master Plan FLUM Amendments – Tulane University (PD 3-05, 3-07, 3-08, 3-10, 3-11, 3-12): Amber Beasley (Tulane) argued that the FLUM change is the first step to allow future zoning and institutional master plan updates, noting that neighborhood participation would occur in subsequent steps. Keith Hardy (Audubon Street resident) opposed each, stating Tulane should provide a specific plan before rezoning residential properties to institutional, and warned of market distortion. He spoke in opposition to all six items.
- Master Plan FLUM Amendments – Other: Leah LeBlanc (Greater New Orleans Housing Alliance) spoke in support of PD 7-01, 7-02, 7-06, 8-01, and 8-04, citing housing opportunities. Jessica Walker (representing applicant) spoke on PD 8-02, requesting a mixed-use medium density designation but ultimately accepting a modified residential multifamily designation. Lindsay Edwards (resident) spoke in support of PD 8-04, opposing industrial uses.
Discussion Items
- Zoning Docket 082/23 (Backup Generator Regulations): Staff presented a modified approval to require a 5-foot setback for gas-powered generators (no change for battery-powered). The commission voted to approve the modified recommendation unanimously.
- Subdivision Docket 136/23 (2124-2150 S. Claiborne Ave.): Staff recommended denial due to creation of a split-zoned lot and non-conformity with historic use. The commission voted to deny.
- Zoning Docket 090/23 (Parklet Regulations): Staff recommended modified approval with criteria for a special exception for additional parklets, support for allowing both sidewalk cafes and parklets, and inclusion of breweries/distilleries. The commission voted 5-1 (Commissioner Whitry opposed) to approve the modified recommendation.
- Zoning Docket 001/24 (130 S. Telemachus St. – Conditional Use for Office): Despite staff denial (building originally residential), the commission voted 6-0 to approve a conditional use for a neighborhood commercial establishment, limited to office use, with a waiver of the outdoor storage prohibition to allow the nonprofit to store tree equipment. The motion included a reconsideration and amendment to add the waiver.
- Zoning Docket 002/24 (Child Care Center Regulations): Deferred to February 6, 2024 at the request of the applicant (Agenda for Children) and staff.
- Zoning Docket 003/24 (342 Olivier St. – Child Care Center): Approved unanimously with five provisos.
- Zoning Docket 004/24 (7457 St. Charles Ave. – Photography Gallery): Approved unanimously with two provisos.
- Zoning Docket 005/24 (4001 Behrman Hwy. – Panda Express): Approved unanimously with eight provisos.
- Zoning Docket 006/24 (7634 Oak St. – Neutral Ground Coffee House): Approved unanimously with two provisos.
- Zoning Docket 007/24 (2138-2140 Magazine St. – PJ's Coffee Standard Restaurant): Approved unanimously.
- Zoning Docket 008/24 (1518 Terpsichore St. – Parking Lot Rezoning): Approved unanimously (Commissioner Steag recused).
- Subdivision Docket 179/23 (2501 Bay St.): Approved unanimously with two provisos.
- Master Plan FLUM Amendments – Planning District 3 (Tulane University): Six requests to change from Residential Low Density Pre-War to Institutional. Staff recommended denial for all. After debate and a failed motion on PD 3-05 (4-2, not enough votes), the commission reconsidered and approved PD 3-05 (5-0, Steag recused) with a request that the city council review the process for institutional master planning. PD 3-07 was denied after a motion to approve failed. PD 3-08, 3-10, 3-11, and 3-12 were each approved 5-0 (Steag recused).
- Master Plan FLUM Amendments – Planning District 5: PD 5-01 (6303 Bel Air Dr.) – Denied per staff recommendation.
- Master Plan FLUM Amendments – Planning District 6: PD 6-07 (3821 Franklin Ave.) – Approved. PD 6-08 (5315 Elysian Fields Ave.) – Approved. PD 6-09 (2406-2416 Prentice Ave.) – Approved.
- Master Plan FLUM Amendments – Planning District 7: PD 7-01 (Pullin Ave. area) – Denied. PD 7-02 (Legion Fields area) – Denied. PD 7-03 (1631 Elysian Fields Ave.) – Approved. PD 7-04 (1400 Feliciana St.) – Approved. PD 7-05 (3440 Piety St.) – Approved. PD 7-06 (St. Ferdinand St.) – Approved.
- Master Plan FLUM Amendments – Planning District 8: PD 8-01 (Florida Ave. area) – Approved. PD 8-02 (St. Maurice Ave. area) – Approved with modification to Residential Pre-War Multifamily instead of Mixed-Use Medium Density, after discussion. PD 8-03 (Sankofa Wetland Park) – Approved. PD 8-04 (Douglas St. area) – Approved with modified approval to Residential Low Density Pre-War per staff recommendation.
Key Outcomes
- Votes: Most zoning dockets and subdivisions passed unanimously (6-0 or 5-0 with recusals). Notable split: Parklet regulations (5-1, Commissioner Whitry opposed). Tulane FLUM items: PD 3-05 initially failed (4-2) but later approved on reconsideration (5-0); PD 3-07 denied; others approved 5-0.
- Deferrals: Seven zoning dockets (009-015) deferred to January 23, 2024 due to staff capacity. Zoning Docket 002/24 deferred to February 6, 2024.
- Directives: The commission approved a request to the city council to review and potentially revise the process for institutional master plan amendments to allow for inclusive planning before FLUM changes.
- Staff Limitations: Several deferrals were explicitly attributed to staff limitations, with commissioners expressing desire for additional staffing.
Meeting Transcript
If you are here to speak today, please remember that you need to fill out a card. Commissioners, we're gonna get started and we're gonna start to do roll call. Commissioner Stewart. Commissioner Steve? Here. Commissioner Brown? Here. Commissioner Flick. Present. Commissioner Lunn. Commissioner Whitry is present. I would like to go ahead and have someone approve the meeting minutes from our last meeting. Commissioner Flick will make a motion for approval of meeting minutes from December twelfth. Second by Commissioner Stewart. Thank you. Any discussion? All in favor to approve the meeting minutes from December 12th. Zoning docket zero eight two-23, which was deferred from the December 14th meeting. Are we ready? We need your mic to be on Mr. Kroll. There we go. There we go. So this application seeks to change the uh zoning regulations that are applied to backup generators. It was initiated by council motion uh based off of concern that uh gas powered generators in particular emit a lot of exhaust, and so uh having minimal setback requirements as is currently the case creates uh a potential for exhaust poisoning, um carbon monoxide poisoning, potentially not only by occupants of the house served by the generator, but occupants of neighboring houses. And so the council asked us to take a look at amending the setback requirements. Um we looked into the best practices uh suggested by the EPA as well as the regulations in neighboring parishes. Um also looked at uh battery powered generators, which do not have the same exhaust considerations, and so as a result of all that we're suggesting that there would be a five-foot minimum setback requirement for gas powered generators that would be similar to what is uh used in neighboring parishes. Um that there would be no change to the regulation of battery powered generators, which again don't have the exhaust issues, so those would remain having a two-foot setback requirement. Uh and so it's a modified approval recommendation before you're gonna backtrack for a second because I'm so efficient. I forgot to read the rules. So we need to go ahead and read the rules quickly. We have formal public hearing rules. The city planning commission has established certain rules governing the procedures to be followed at public hearings. Before speaking, each person shall give their name, address, and state on who she or she is representing. Proponents of the proposal will speak for a period of ten minutes, and each speaker will be allowed a maximum of two minutes. Opponents or other interested parties will speak second for a period of 15 minutes. Each speaker shall be allowed a maximum of two minutes. Proponents will be allowed a period of six minutes for rebuttal. Each speaker shall be allowed a maximum of two minutes. Opponents will not be allowed to rebut. No material written, photographs, maps, etc. will be accepted by the commission or its staff at any time during the public hearing. This procedure shall be followed except at such time when the preceding officers shall with the approval of the commission members present and accent such time. Thank you all. So to move back to the zoning docket 0823-23. The stack recommendation is approval. It's a city council motion, so no one is here to speak on the matter. Commissioners, is there any questions for Mr. Kroll or any discussion or vote?
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