Progress For New Orleans

The full extent of the disastrous ‘Master Plan’ vote from 2008 is finally coming into focus. The latest poison pill to growth in New Orleans is the ‘Neighborhood Participation Plan’, which was inserted into the authorizing ‘Master Plan’ amendment. This will come as little surprise to anyone who has followed land use and planning issues, as the chief proponent and architect of the dubious notion of a ‘master plan with the force of law’ has been against EVERY new development and any change in this city for decades.

But now we are faced with a so-called “Neighborhood Participation Plan” which threatens to derail any and every new development requiring any sort of variance or zoning change. It adds time and expense and more uncertainty to almost every application to the City Planning Commission.

You can check it out here (this should pop open a PDF)

All of the yellow boxes are new hoops for getting a conditional use through the process if the NPP gets adopted as is.

The draft of the “Neighborhood Participation Plan” includes:

- A “pre-application” process which extends the timeline for consideration indefinitely.

- A requirement that most zoning changes and some basic variances go through their own specific ill-defined “Neighborhood Participation Plan” that the applicant is expected to pay for and administrate.

- A requirement that the applicant must present, as part of their application, once it finally gets out of the ‘pre-application period, all of opposition and concerns to their application.

- Once the  application  is submitted it can be subject to endless public hearing requirements.

- It writes in special treatment for neighborhood associations which, traditionally, have been more opposed to new development and zoning changes than the public at large.

What it excludes is any protections against groups or individuals attempting to extort concessions that don’t touch specifically on the parcel in the application.

This new method of delaying zoning change requests indefinitely  will politicize to an even greater extent an already opaque, convoluted and onerous process. It will lead to needing your neighbor’s permission to use your property as you see fit. It will add an infinite amount of new rings to kiss. Watch for established businesses to manipulate the process to keep out competition.

All of this is against a background of a wholly inadequate zoning code that doesn’t provide flexibility for property owners and makes conditional uses and zoning changes necessary by failing to plan for the obvious notion that narrowly written criteria will exclude the great bulk of what people actually want to do with their property. But it is naturally New Orleans that the rules are put in place so that we can have the privilege of paying to have them relaxed.

So how we fix this, short of doing the smart thing and throwing the whole thing out and starting all over again?

- Remove the pre-application process and requirement.

- If there is a Project Neighborhood Participation Plan to be required, and why would there be, but if there is, it should be paid for and administered by the Planning Commission Office, using the District Planners. And it should be done within the application timetable.

-There should be no increase in fees associated with this Plan, instead it should come from the city’s general fund. It is not the fault of the applicant that the code didn’t take into account their plans.

- If neighborhood associations want special access to the process there should be fees for that special access.

- Remove the provision in the flow chart where an application can be subject to endless public hearings.

We have done enough in New Orleans to empower the endless opposition to growth and development. We are struggling as a city because of it. If we can’t remove this “Neighborhood Participation Plan” at least we can find ways to make it less destructive to the future of New Orleans.

The New Orleans “Master Plan” http://nolamasterplan.com/ was passed by a slim margin of voters to much ballyhoo by its supporters and a good deal of suspicion and skepticism by those of us who questioned the wisdom of giving a plan the force of law prior to any plan being drafted. When proponents trumpeted its ability to ensure “neighborhood input” in stopping development many of us just saw it has a way to empower the perpetual opposition that crops up with EVERY proposal. The bone they threw to people who want much needed development to come to New Orleans is that, for a project that met all the myriad of criteria, it would add more “certainty” to being able to develop.

That was a lie.

We were told it was going to bring a set of rules “unaffected by politics”. What we got was the empowerment of NIMBYs to stop everything anybody wants to build.

The latest case is Tulane’s new proposed stadium. You can read about it here.

The optimism about the new Tulane Stadium meets destructive force of NIMBY empowerment.

The short story is: Tulane wants to build a stadium they can build under the current zoning rules. A dozen NIMBYs get up in arms. They appeal to a councilwoman, who made her ‘bona fides’ as a NIMBY, who is convinced that issues that can be handled simply with municipal code enforcement need to be handled with land use regulation. The councilwoman proposes an “interim Zoning District”(IZD) to throw sand in the works of Tulane developing a stadium despite overwhelming support for the stadium, protesting all the time that she doesn’t want to “impede progress”. Three other pandering councilwomen join in and the IZD passes.

And they use the “master plan”, which they tell us is supposed to add “certainty” to the land use process, to justify it.

What is clear is that the only way the “master plan” will be used is to guarantee the “certainty” that nothing can ever be built without either kissing the rings of self appointed neighborhood poo-bahs or paying off council people to ignore the perpetual opposition to change.

The post “master plan” world is one in which a project that wasn’t envisioned by the people putting together the plan, who made no secret they were under the influence of preservationists and other anti-development groups, will require a year of meetings, hearings and thousands of dollars in fees. But a handful of NIMBYs can stop a project that is ALLOWED by the plan just by whining to a sympathetic pandering councilwoman. A post “master plan” New Orleans is one in which NOTHING ever gets built again unless there is NO ONE who objects.  This is an impossible standard in a city where a debate on an issue between 3 people can bring 5 different opinions.

What we have now is a system where the opposition, the forces of NO, are always given deference and that will lead to a New Orleans where nothing can ever grow again.