13 Dec Fourplex Amendment sparks neighborhood concerns

Please see below for a proposed zoning text change that would allow fourplex apartments by right in the HU-RD2, HU-RM1, and HU-B1 zoning districts that are in Upper Hurstville in exchange for 1 of the 4 units being an affordable housing unit.  There is a CM committee meeting Today 12/13 and a  council meeting for a vote on 12/16.  The meeting on Friday was a zoom call and it was pretty unilateral that most neighborhoods did not know about this ordinance, were not at the table when it was written, and believe the CPC report and Ordinance should be scrapped so that more stakeholders are involved in writing it.  The ordinance is being rushed for no apparent reason and with no neighborhood input city wide.

Write to the email addresses below to express your views.

Upper Hurstville Residents Association
A summary provided by Maple Area Residents Inc:
If you don’t think neighborhoods should undergo drastic change, such as opening them up to fourplexes where they are not currently allowed, without adequate public engagement, please read below and contact the Council in the ways suggested below. This is moving quickly, so ACT NOW. Tell the council to defer or kill the legislation, using this email string and attend (in person or virtually) the public meetings scheduled for [last] Friday, [today], and [this] Thursday.

helena.moreno@nola.gov; donna.glapion@nola.gov; Joseph.Giarrusso@nola.gov; Jay.H.Banks@nola.gov; Kristin.Palmer@nola.gov; jcbrossett@nola.gov; councildistrictd@nola.gov; Cyndi.Nguyen@nola.gov; avtuozzolo@nola.gov; kdlampkin@nola.gov;  Amanda.Rizzo@nola.gov; Jarvis.Lewis@nola.gov; dcdickerson@nola.gov; tguerin@nola.gov; Claire.Byun@nola.gov; anpoort@nola.gov; lesli@harris4nola.com; info@voteeugenegreen.com; info@olivermthomas.com; info@jpmorrell.com; team@stephanieforcouncil.com; Info@ElectFreddieKing.com; info@votetroyglover.com

The Fourplex Amendment

The CPC Staff has drafted a study recommending that fourplexes (with, in some cases, multiple short term rentals) be allowed in most of the older neighborhoods. A motion (M-21-264 aka “the Fourplex Amendment”) for Council approval is set to be heard on Thursday December 16.

The proposed legislation would not only expressly nullify the Off-Street Parking Overlay, which was passed unanimously by the Council only a few weeks ago, but would affect neighborhoods far beyond the scope of the overlay by:

        (1)     allowing fourplexes to be built by-right on lots where current law would permit only single or two-family residences,
        (2)     relieving developers of fourplexes from having to provide currently required onsite parking spaces;
        (3)     eliminating  minimum lot area requirements for many fourplexes, and
        (4)     allowing short-term rentals in three of the four units of the proposed fourplexes.

The legislation affects neighborhoods in Marigny, Bywater, Treme, Garden District, Carrollton, Holly Grove, Algiers, the Upper and Lower 9th Wards, Broadmoor, Mid-City, Lakeview, New Orleans East, Lake Area, Suburban Two-Family, Lakewood/Parkview,  and other areas. At the October CPC meeting, Paul Cramer told the Planning Commission that 70,000 lots would be affected by the legislation.  

The Defective Process

Despite its broad impact, this legislation was apparently crafted in staff offices with the major stakeholders – the residents – excluded. Neither the CPC staff, the Office of Neighborhood Engagement, nor the Mayor’s office seem to have made any genuine effort  to alert residents of the major changes effected by this legislation.  On the other hand, it is clear that the housing lobby (including those representing “for profit” affordable housing)  were aware of what the legislation included, and knew to attend the October CPC meeting, where the only comments were submitted by industry insiders, all in support of the legislation.

Failure to Notify Our Representatives and Engage Neighborhoods

Although the Fourplex legislation would undo the Overlay that was recently passed unanimously by the Council at CM Giarrusso’s request, and even though CPC staff was working regularly with CM Giarrusso on the Overlay, CPC staff never advised CM Giarrusso (and likely other CMs) that the Fourplex amendment would eliminate the Overlay, which would nullify two years of work by CM Giarrusso and open up the area to further incursions from developers out to put 8-16 bedrooms in what had been a small shotgun double or similar structure. Furthermore, CPC staff never advised residents and neighborhood organizations that had worked on the Overlay that they were drafting legislation to void the Overlay, despite a professional obligation to provide timely, adequate, clear, and accurate information on planning issues to all affected persons and to governmental decision makers.

How to Fix it

Given the broad impact of the Fourplex Amendment, and the failure of City Hall to conduct adequate outreach, it is undemocratic and unfair to rush the amendment into law.  Outreach to stakeholders – including residents, property owners, and neighborhood organizations – is essential for legislation aimed at dramatically changing our neighborhoods.  The public needs time to understand, digest, and make informed responses to the Fourplex Amendment.

Furthermore, as the new Council will be seated in January and will have to deal with the consequences of this legislation, so the new Council should be allowed to review the study, work with residents, and potentially amend the legislation before it is passed.

The Council should remove the amendment from the docket and instruct staff  to provide outreach consistent with the broad impact of this law to residents before bringing the amendment back to the Council. Alternatively, given the questionable manner in which this matter was handled, the Council should  withdraw the proposal completely and start the process over, engaging the public that has, up until now, been ignored, and drafting new legislation only after including and engaging all stakeholders, not limiting input to paid housing lobbyists and developers.

It’s clear that the current legislation is so tainted by the exclusion of residents from the process that it cannot be allowed to go forward.  

HOW TO TAKE ACTION!

Contact the City Council asking that they defer consideration of M-21-264 and send the legislation back to the CPC staff for outreach and revision.

    1.    Forward this  email to all of your contacts who are interested in protecting residents’ and neighborhoods’ right to participate in the drafting of legislation affecting their neighborhoods.

    2.     Using the email string above, email the Council.

    3.    Attend (in person or virtually) and provide written or spoken comment at the following three meetings:  

Friday December 10, 2:00 pm: Attend CM Palmer’s Zoom Meeting to address questions and concerns about ZD 84/21

Monday December 13 1:00 pm:  Government Affairs /Community Development meeting of Council where they may discuss whether ZD 84/21 will be considered at the December 16 Council Meeting.

            1. Attend in person in Council Chambers.
            2. Email all current Council Members using the email string.  
            3. Attend the meeting virtually and submit a comment up to two hours before the meeting begins. The meeting is not on the calendar yet. When it’s noticed, there will be a link to submit public comments. You can see the calendar here: https://council.nola.gov/meetings

Thursday, December 16 10:00 am: ZD 084-21 will be heard by Council (if not deferred)

            1. Attend in person in Council Chambers.
            2. Email all current Council Members using the email string.  
            3. Attend the meeting virtually and submit a comment up to two hours before the meeting begins. You can see the calendar here: https://council.nola.gov/meetings