4.4 Planned Developments

4.4.A Purpose   

The purpose of a planned development is to:

1.  Encourage the adaptive reuse of existing structures in a manner that promotes sustainable development and design compatible with the character of the surrounding area and adjoining properties.

2.  Encourage the master planning of development on larger tracts of land to promote site-specific flexibility and to manage the impact of these developments on the provision of City services and infrastructure.

3.  Encourage creative and innovative approaches to the use of land that results in more sustainable development and design than might otherwise be accomplished under the strict application of this Ordinance.

4.  Provide for the efficient use of land to preserve natural functions and to facilitate a more effective arrangement of land uses, buildings, circulation systems and utilities.

5.  Preserve natural amenities of the land through the provision and maintenance of conservation areas and usable open spaces.

6.  Facilitate the implementation of the Master Plan.

7.  Promote a full range of housing choices for households of all incomes in adaptive reuse planned developments.

4.4.B Initiation   

Planned Development applications are initiated as follows:

1.  The City Council may initiate a Planned Development application by adoption of a motion.

2.  A property owner in the city or a person expressly authorized in writing by the owner may file an application for a Planned Development for the area of land for which the Planned Development is requested. The application shall bear the signature and acknowledgment of the owner(s) or authorized agents of not less than fifty percent (50%) of the area of land for which the Planned Development is requested. Where property is jointly owned, all co-owners of the property or their authorized agents shall sign the application for the property to be included in the fifty percent (50%) area requirements.

4.4.C Authority   

The City Council, after receiving a recommendation from the City Planning Commission, shall take formal action on requests for planned developments, in accordance with Sections 5-406 and 5-407 of the City Charter.

4.4.D Existing Planned Community Developments   

Existing Residential Planned Community Districts, Central Business District Planned Community Districts, and Mixed-Use Planned Community Districts remain valid, shall continue to comply with all requirements and conditions of their initial approval, and are considered planned developments. Any amendments to existing Residential Planned Community Districts, Central Business District Planned Community Districts, and Mixed-Use Planned Community Districts shall follow the procedures of this section for amendments to planned developments. Where a use within a planned development was classified as a conditional use prior to the effective date of this Ordinance, and that use is now classified as a permitted use as of the effective date of this Ordinance, that use is deemed a lawful permitted use and shall comply with the transition and applicability rules of Article 1.

4.4.E Procedure   

4.4.E.1 Submittal of Application   

a. An application for a planned development shall be filed with the Executive Director of the City Planning Commission, in accordance with the requirements in Section 3.2, accompanied by a development plan as required by Section 4.5, and reviewed for completeness by the Executive Director.

b. Planned development applications initiated by the City Council require a completed application, but may be exempt from fees. If it is the intent of the City Council to waive the fees, the waiver and fee amount shall be stated in the motion initiating the request. Applications may also be exempt from Neighborhood Pariticipation Program requirements for good cause. If it is the intent of the City Council to waive the NPP requirement, that should be stated in the motion initiating the request.

c.  If a zoning amendment is required or requested, that application shall accompany the application for a conditional use for reference. A zoning amendment application shall be processed according to the procedures of Section 4.2.

d.  If the proposed use requires subdivision, an application for a subdivision shall be filed prior to the issuance of a building permit. The subdivision must be completed prior to the issuance of a certificate of occupancy for the structure or use.

e.  For conditional uses subject to additional requirements from state or federal agencies, such as the Federal Aviation Administration or the Louisiana Department of Environmental Quality, all required submittals from such agencies shall be submitted with the application. Where the state or federal agency cannot verify that all requirements are met prior to approval of the conditional use, the applicant shall obtain a letter from the agency stating that the agency will verify that all requirements are met after the conditional use approval is granted.

Adopted by Ord. No. 29,126, §4, Aug. 12, 2022, Zoning Docket 16/22

4.4.E.2 Pre-Application Meeting and Project Neighborhood Participation Program   

All applications for planned development shall include a Project Neighborhood Participation Program (Project NPP).  Planned Development applications initiated by the City Council are subject to the Project NPP, although the property owner or owner's agent may conduct the NPP meeting in accordance with the requirements of this section.  Until all required NPP documents are submitted to CPC staff, including meeting notice letter, sign-in sheets, and NPP meeting summary, the request will not be deemed complete for the purpose of a completeness review as provided in Section 3.2.B.  The City Council may also require the party of interest to undergo the NPP process prior to the motion being acted on by the City Council.  During a time of declared emergency by the Governor or Mayor, when in-person meetings are not an available option, the City Planning Commission Director shall be authorized to require teleconferencing, virtual, or other remote meeting formats to satisfy NPP requirements.

a.  Applicants shall first meet with the staff of the City Planning Commission to become familiar with the procedure and approval standards for planned development and to obtain guidance on the requirements of the Project NPP.

b.  The Project NPP shall include the following information:

i.  A brief description of the proposal, including estimated start and end dates, a development plan for the project, known needed variances, and citations for each.

ii.  An outlined area map and a contact list for notifying the individuals and entities identified in Section 3.3.

iii.  A general description of how parties on the contact list will receive information on the project, including a statement as to which public notification techniques will be used for the project.

iv. A general description of how parties on the contact list will be informed of any changes or amendments to the proposed project after the applicant’s initial contact.

v. A statement as to how those impacted by the proposal will be provided an opportunity to discuss the request if issues or questions should continue or suddenly arise.

c.  The applicant shall provide the typed Project NPP and notice, including email notification to applicable registered neighborhood associations of an opportunity for interested parties to attend a meeting to discuss the proposed application not less than fourteen (14) nor more than thirty (30) days after the date on which the applicant provides notification to the parties on the contact list.  In addition, the applicant shall notify the City Planning Commission of the meeting date, time, and location not less than fourteen (14) days prior to the meeting.  The applicant shall hold the meeting at the noticed time.  The applicant shall distribute informational handouts to meeting attendees.  The handouts shall include information about the applicable zoning district, registering with City notification system(s), accessing application documents and NPP meeting summary reports.  For the purposes of this section, meetings may be held in a physical location that is in accordance with the City Planning Commission's Administrative Rules, Policies and Procedures.  The notice provided in accordance with this section shall include a brief description of the request and shall indicate the existing zoning classification of the subject property and the citation for the planned development.  

d.  The applicant shall submit a Project NPP report with the application. The report shall provide the following information:

i. The names of the individuals and entities that were notified and the total number of number of people that participated in the process. 

ii. A list of the concerns, issues, and problems expressed by the participants.

iii. A statement as to how each concern, issue, and problem is addressed and how the applicant intends to continue to address them. If the concern, issue, or problem is not being addressed, the applicant should state the reasons.

iv.  Copies of letters, affidavits, meeting invitations, newsletters, publications, sign-in sheets, and petitions received in support of or in opposition to the proposed project, and any other materials pertaining to the notification process.

v.  The date, time, and location of all meetings held with interested parties, or a statement indicating the reasons if no meeting was held. No information pertaining to any meeting held more than one hundred eighty (180) days prior to the submittal of the application shall be accepted as part of the Project NPP report, except where subsequent meetings with interested parties have occurred within the one hundred eighty (180) days preceding the submittal of the Project NPP report.

vi.  A completed sign-in sheet that includes the names, addresses, and contact information for meeting attendees.

Adopted by Ord. No. 27,222, §2, Dec. 20, 2016, Zoning Docket 99/16; Ord. 28782 MCS, 9-23-21, ZD 46/21

4.4.E.3 Action by the City Planning Commission   

a.  The City Planning Commission shall conduct a public hearing on a proposed planned development in accordance with Section 3.4 fifty (50) days from the date the application is docketed. Notice of the public hearing is required in accordance with Section 3.3.

b.  After the close of the public hearing, the City Planning Commission shall make a recommendation. Based upon the evidence presented at the public hearing, the City Planning Commission shall evaluate the application against the applicable standards in Paragraph G below.

c.  The City Planning Commission shall recommend approval, modified approval, or denial sixty (60) days from the opening of the public hearing. The City Planning Commission may also vote to defer action within City Charter required timeframes in cases where it discovers applicants have not submitted complete and accurate information, including but not limited to errors or omissions in following the Project NPP.  The failure to resolve a finding of incomplete or inaccurate information may be grounds for recommending denial.  If the City Planning Commission fails to act by a vote of the majority of the Commission members, the application will be forwarded to the City Council without recommendation of no legal majority. The City Planning Commission’s written recommendations, together with the staff report and recommendation, if any, shall be filed with the Clerk of the City Council. 

Adopted by Ord. No. 27,222, §2, Dec. 20, 2016, Zoning Docket 99/16

4.4.E.4 Action by the City Council   

a.  The City Council shall hold a public hearing in accordance with Section 3.4 and take action by motion of approval, modified approval, or denial sixty (60) days from receipt of a City Planning Commission recommendation. The City Council may not take official action upon any application requiring a recommendation of the City Planning Commission until the report of the Commission has been received or, if the City Planning Commission has failed to act by a vote of the majority of the Commission members, once the application has been forwarded to the City Council without recommendation.

b.  If the City Council fails to take action by motion sixty (60) days from receipt of the City Planning Commission recommendation, the application is denied. If the application is forwarded to the City Council without recommendation from the City Planning Commission and the City Council fails to take action by motion sixty (60) days from the date it received the application, the application is denied.

c.  If the City Council takes action by motion of approval or modified approval, the City Council may forward the motion to the City Law Department for preparation of an ordinance.  If the ordinance is then introduced by the City Council, the ordinance shall lay over for a minimum of twenty (20) days following introduction before the City Council may adopt it.  The City Council's adoption of a motion shall not be construed as an approval of a zoning matter unless and until an ordinance is introduced and adopted in accordance with the Charter; introduction of an ordinance does not indicate the City Council's approval of a zoning matter.  Failure by the City Council to take action on a zoning ordinance within ninety (90) days of the date the City Council took action by motion shall mean that the application is denied.

Adopted by Ord. No. 28022 MCS, §1, March 14, 2019, Zoning Docket 140/18

4.4.F Conditions   

1.  The City Planning Commission may recommend and the City Council may impose such conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the planned development as deemed necessary for the protection of the public health, safety, and welfare.

2.  Any conditions imposed shall be set forth in the ordinance approving the planned development and incorporated into or noted on the development plan for final approval. The applicant shall submit the revised development plan incorporating all conditions within one (1) year of adoption of the planned development ordinance by the City Council. The Executive Director of the City Planning Commission shall verify that the development plan incorporates all conditions set forth in the ordinance authorizing the planned development, and shall sign the plan to indicate final plan approval.

3.  The applicant shall record the signed development plan in the Office of the Clerk of the Civil District Court for the Parish of Orleans within thirty (30) days of the date of final approval shall submit evidence of such recordation to the Executive Director of the City Planning Commission. If the applicant fails to record the signed development plan within this period, the ordinance approving the planned development is deemed null. No permits or licenses for the conditional use may be issued until the development plan has been recorded and evidence of the recording has been provided to the Executive Director of the City Planning Commission. The City Planning Commission shall maintain a record of such approved planned development, the development plans, and any conditions attached thereto.

4.  The City Council may waive or modify specific zoning standards otherwise applicable to the planned development by this Ordinance to secure the general objectives of this section, provided, however, that any such variance shall be based upon a finding that the case meets the approval standards of Section 4.6.F. However, the City Council cannot waive or modify any approval standards of this section.

4.4.G Approval Standards   

The City Planning Commission recommendation and the City Council decision on applications for a planned development shall, on the basis of all information submitted, evaluate the impact of the planned development on the surrounding properties and neighborhoods to ensure the appropriateness of the planned development at a particular location and ensure that the planned development will not have an adverse impact on the surrounding neighborhood. The Commission and Council shall specifically consider the extent to which:

1.  The proposed planned development complies with the applicable standards of Article 5.

2.  The proposed planned development at the specified location is consistent with the policies embodied in the adopted Master Plan.

3.  The proposed planned development is compatible with and preserves the character and integrity of adjacent development and neighborhoods and, as required by the particular circumstances, includes improvements or modifications either on-site or within the public right-of-way to mitigate development-related adverse impacts, including but not limited to:

a.  Adequate ingress and egress to property and proposed structures thereon with particular reference to vehicular and pedestrian safety and convenience, and access in case of fire.

b.  Off-street parking and loading areas, with particular reference to the extent to which requirements have been met, so as to place no additional burden on the neighborhood.

c.   Refuse and service areas.

d.  Utilities with reference to location, availability, and compatibility.

e.  Screening and buffering features to minimize visual impacts and/or set-backs from adjacent uses.

f.  Control of proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district.

g.   Required yards and open space.

h.  Height and bulk of structures.

i.  Roadway adjustments, traffic control devices or mechanisms, and access restrictions to control traffic flow or divert traffic as may be needed to reduce or eliminate development-generated traffic on neighborhood streets.

j.  The amount and location of existing impervious surface.

4.   Any proposed variance from zoning standards meets the approval standards of Section 4.6.F. with the exception that the required affordable housing units as part of the affordable housing development shall not be subject to a variance.

Adopted by Ord 28800 MCS, 10-21-21, ZD 56/21

4.4.H Rules for Approved Planned Developments   

1.  No planned development may be modified or enlarged unless an application is made for approval of a new planned development in accordance with the procedures set forth in this section.

2.  The planned development shall not be carried out until the applicant has secured all the permits and approvals required by these zoning regulations, the City Code, and any permits required by regional, state, and federal agencies.

4.4.I Expiration and Extension of Time   

Termination of approval of a planned development for failure to commence development or an extension of the time for performance of a planned development is governed as follows:

4.4.I.1 Expiration   

a. The planned development will expire within three (3) years of the date that the Executive Director of the City Planning Commission approves the planned development drawings if a building permit has not been issued and substantial construction has not been commenced, and no request for an extension of time is pending.

b. For planned developments approved for existing structures, if the planned development has not been established within a period of three (3) years from the date the Executive Director of the City Planning Commission approves the final drawings for a planned development, then the planned development will expire. 

4.4.I.2 Extension of Time   

a.  Unless otherwise prohibited, the Executive Director of the City Planning Commission may extend the time for expiration of a planned development approval for a period not to exceed one (1) year upon a showing of good cause by the applicant. A request for extension shall be made in writing within the original period of validity. An extension for a period in excess of one (1) year may be granted only by the City Council in accordance with Paragraph b below.

b.  The holder of a planned development may petition the City Council for a longer extension of time. A request for extension shall be made in writing within the original period of validity. The City Council shall hold a public hearing and decide whether to extend the time period. Notice for the public hearing is required in accordance with Section 3.3. The applicant and the owner of record of the property shall be notified of a public hearing to be conducted by the City Council. Following the public hearing, the City Council shall render its decision whether to terminate or extend the approval, taking into account hardship to the applicant or property owner, changes in surrounding circumstances that have occurred since the original approval, and the likelihood that substantial construction will occur during any period of extension. 

4.4.J Revocation of Planned Development   

A planned development may be revoked through the adoption of an ordinance for such 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.  Any of the provisions of this Ordinance or any of the terms and conditions of the planned development approval are violated, as determined by the Director of the Department of Safety and Permits.

2.  A request is made by the property owner to revoke the planned development.

The revocation process shall be the process identified for establishing a planned development in Article 4, Section 4.4 "Planned Development" except that development plans, and a project NPP shall not be required as part of the application for revocation of a planned development.

Adopted by Ord. No. 29,126, §4, Aug. 12, 2022, Zoning Docket 16/22

4.4.K Appeals   

An aggrieved party may appeal a decision by the City Council on a planned development to the Orleans Parish Civil District Court within thirty (30) days of the date of the decision by the City Council, 30 days of the date upon which the City Council action is final resulting in a denial, takes no action on a matter at the last possible Council meeting before a deadline date resulting in a denial, or the date the ordinance is adopted by the Council, thereby giving approval.

Adopted by Ord. No. 29,126, §4, Aug. 12, 2022, Zoning Docket 16/22

4.4.Chart Planned Development Process