17.5 Public Benefit Floor Area Ratio (FAR) Bonus Provisions

17.5.A Administration   

1.  Any development in the CBD Districts that utilizes the public benefit FAR bonus provisions of this section requires development plan and design review and the approval by the Executive Director of the City Planning Commission, following a review by the Design Advisory Committee in accordance with Section 4.5.

2.  The applicant shall file a bonus worksheet at the time of the submittal of a development plan and design review application that describes the size, location, design, and maintenance of the proposed public benefit amenity and the calculation for the amount of bonus floor area requested. If any bonus FAR is approved, the final worksheet shall be recorded, together with the final approved development plan, with the deed of the property for which it is granted in the office of the Clerk of Court for Orleans Parish Civil District Court, prior to the issuance of any building permit or certificate of occupancy for the development. The recorded approved final development plan and bonus worksheet shall be binding on the property owners, successors, and assigns for the life of the building to ensure compliance with this Ordinance for the design and maintenance of the public amenities. Within thirty (30) days of receiving evidence of the recording of an approved development plan and bonus worksheet, the Executive Director of the City Planning Commission shall designate the site for which the FAR bonus has been granted on the Official Zoning Map.

3.  No public amenity for which a floor area bonus has been granted may be eliminated or reduced in size without a corresponding reduction in floor area or the substitution of an equivalent bonus. Any proposal for the substitution of an equivalent bonus shall only be considered and may only be approved in accordance with a new application for site plan and design review in accordance with the provisions of this section.

4.  Floor area exceeding the maximum base floor area ratio added to a building by virtue of floor area ratio bonuses of this section may not, in turn, serve as a basis for creating additional bonuses.

17.5.B Applicability   

The base maximum floor area ratio (FAR) in those areas of the CBD without height limits may be increased in accordance with following provisions. Features eligible for public benefit bonuses are the following:

1. Whole building sustainability (Paragraph C below)

2. Financial contributions to public park/open space improvements (Paragraph D below)

3. Financial contributions to landmark preservation (Paragraph E below)

4. Public plazas (Paragraph F below)

5.  Transit-oriented development (Paragraph G below)

6.  Affordable housing (Paragraph H below)

At least fifty percent (50%) of any density bonus applied to any project with a residential component must utilize the affordable housing bonus provisions described in section 17.H.

17.5.C Whole Building Sustainability   

17.5.C.1 Whole Building Sustainability Public Benefit Formula   

a.  Provision of a recognized green building certification, such as LEED Gold level (Leadership in Energy & Environmental Design), Home Energy Rating System, Enterprise Green Communities, National Green Building Standard, Energy Star for Buildings Program, Net-Zero Energy Building, or another similar certification approved by the Director of the Department of Safety and Permits: Six percent (6%) increase in FAR

b.  Provision of a recognized green building certification, such as LEED Gold level (Leadership in Energy & Environmental Design), Home Energy Rating System, Enterprise Green Communities, National Green Building Standard, Energy Star for Buildings Program, Net-Zero Energy Building, or another similar certification approved by the Director of the Department of Safety and Permits: Fifteen percent (15%) increase in FAR

17.5.C.2 Whole Building Sustainability Standards and Guidelines   

a.  Because determination of LEED certification cannot occur until after a building is constructed, the applicant shall submit a binding letter of intent to achieve the required sustainability level together with the development plan and design review application.

b.  Prior to the approval of any FAR bonus for whole building sustainability, the applicant shall submit a letter of credit, surety bond, or other financial guarantee approved by the Director of the Department of Finance to ensure ultimate compliance with the sustainability level required for the bonus. The amount of the letter of credit, surety bond, or other approved financial guarantee must be equal to the extra development and construction costs estimated by the Director of the Department of Safety and Permits to be required to achieve the required sustainability level, plus fifteen percent (15%).

c.  Within one-hundred twenty (120) days of receiving the final certificate of occupancy, the applicant shall submit documentation that demonstrates achievement of the applicable sustainability level.

d.  Failure to demonstrate performance will result in forfeiture of the amount of the letter of credit, surety bond, or other approved financial guarantee to the City. Performance shall be demonstrated through an independent report approved by the U.S. Green Building Council, the City or another organization or entity approved by the City. All amounts collected as a result of forfeiture for non-performance will be used to support green building practices within the city.

17.5.D Public Park/Open Space Financial Contribution Standards   

17.5.D.1 Public Park/Open Space Benefit Formula   

Floor area bonuses for one-time financial contributions to acquire public parks and open spaces or to make improvements to public parks and open spaces are to be based on the following:

a.  The financial contribution required for each square foot of bonus floor area shall be equal to eighty percent (80%) of the median cost of one (1) square foot of land within the Central Business District, as geographically defined below in Section 17.5.D.2.

b. The cost of land in the Central Business District, as geographically defined below in Section 17.5.D.2, shall be determined based on the average sale price for land within the most recent five (5) years, as provided by the City. In the event that fewer than three (3) such sale prices are available in the most recent five (5) years, the land value of parcels of land that are not developed with structures within the Central Business District, as provided by the Orleans Parish Assessor, may be used to determine the average cost of land for the purposes of this section.

c. The maximum bonus that may be obtained is equal to twenty percent (20%) of the base Floor Area Ratio.

17.5.D.2 Public Park/Open Space Standards and Guidelines   

a.  One-time contributions of land, cash, or improvements shall be targeted for specific improvement projects, or for off-site land acquisition within the area bounded by the Mississippi River, Interstate 10/North Claiborne Avenue, the Pontchartrain Expressway/Highway 90, and Iberville Street. Proposed improvements or acquisitions shall be approved by the City prior to the submittal of the FAR bonus application and worksheet.

b.  Applicants who propose to contribute improvements and who propose to install or construct such improvements shall submit documentation including but not limited to appropriate drawings, detailed construction commitments, and a performance bond for the completion of the improvements, prior to approval of the final development plan.

c.  Applicants who propose to make cash contributions for specific improvements that are to be undertaken by a City agency shall enter into an agreement with the City for such prior to approval of the final development plan.

17.5.E Landmark Preservation Financial Contribution Standards   

17.5.E.1 Landmark Preservation Public Benefit Formula   

Floor area bonuses for financial contributions to the restoration of existing or proposed landmark structures shall be based on one-time financial contributions based on the following:

a.  The financial contribution required for each square foot of bonus floor area shall be equal to eighty percent (80%) of the median cost of one (1) square foot of land within the Central Business District, as geographically defined in Section 17.5.D.2.

b. The cost of land in the Central Business District, as geographically defined below in Section 17.5.D.2, shall be determined based on the average sale price for land within the most recent five (5) years, as provided by the City. In the event that fewer than three (3) such sale prices are available in the most recent five (5) years, the land value of parcels of land that are not developed with structures within the Central Business District, as provided by the Orleans Parish Assessor, may be used to determine the average cost of land for the purposes of this section.

c. The maximum bonus that may be obtained is equal to twenty percent (20%) of the base Floor Area Ratio.

17.5.E.2 Landmark Preservation Standards and Guidelines   

a. Existing or proposed landmark structures shall be located within the boundaries of the Central Business District and shall be identified on the list of historic landmarks of the Historic District Landmarks Commission or on the National Register of Historic Places.

b.  Restoration projects shall be consistent with the guidelines of the Historic District Landmarks Commission (HDLC) if the landmark structure is located within a local historic district or on the list of historic landmarks of the HDLC, and subject to the approval of the Division of Historic Preservation of the State of Louisiana if the landmark structure is on the National Register of Historic Places and is not within a local historic district or on the list of historic landmarks of the HDLC.

c.  Proposed new landmarks shall be identified and certified by the HDLC and/or the National Park Service.

d.  Funds shall be used for substantial interior or exterior rehabilitation or restoration that is visible from a public street or within a portion of the interior that is open to the public. The work shall exceed routine maintenance, as determined by the Director of the Department of Safety and Permits.

17.5.F Public Plaza Standards   

17.5.F.1 Public Plaza Benefit Formula   

Floor area bonus for qualifying public plazas shall be based on the following formula:

a.  The bonus FAR is equal to the area of the proposed public plaza divided by the area of the lot on which the proposed development is located, then multiplied by the base FAR. (Bonus FAR = (area of plaza or park divided by lot area) x base FAR). For example, if the proposed public plaza has an area of 2,500 square feet, and the lot on which the development is located has an area of 20,000 square feet and a base FAR of 14, then the bonus FAR is 1.75 and the maximum FAR of the proposed development is increased to 15.75.

b. The maximum bonus that may be obtained is equal to thirty percent (30%) of the base Floor Area Ratio.

17.5.F.2 Public Plaza Standards and Guidelines   

a.  Plazas shall be open to the sky, except for arbors, trellises or small pedestrian-oriented structures.

b.  Plazas shall have a minimum site area of two-thousand five-hundred (2,500) square feet.

c.  At least twenty percent (20%) of the plaza shall consist of landscaping.

d.  A minimum of one (1) linear foot of seating area shall be provided for each thirty (30) square feet of plaza.

e.  The length of the plaza shall not exceed three (3) times its width in order to avoid long narrow spaces.

f.  All plazas shall be visible from and connected to the nearest sidewalk with preference given to corner locations that maximize pedestrian access.

g.  Plazas shall be designed in accordance with ADA accessibility requirements. No plaza may be more than three (3) feet above the adjacent sidewalk level.

h. Plazas shall be open to the public at minimum during the hours of 8:00am to 9:00pm daily. A plaque two (2) feet by four (4) feet in area shall be displayed at all entrances stating the hours of public use.

i.  Plazas shall be located so that they receive natural light during a portion of the day. 

17.5.G Transit-Oriented Development Standards   

When a development site is located on a street within the Central Business District that is not designated as a multi-modal/pedestrian corridor, but a development on that site is designed in accordance with the design requirements of Section 17.6, the base maximum floor area ratio (FAR) of the development site may be increased by fifteen percent (15%). This bonus cannot be combined with any other public benefit FAR bonus provision.