March 20, 2003 

                                                                                    Lake Charles, Louisiana


            The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Thursday, March 20, 2003, in the Police Jury Meeting Room of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with The Honorable Chuck Kleckley, President, presiding, and the following members present:

 

Mesdames Luvertha August, Elizabeth Conway Griffin, and Sandra J. Treme; and Messrs. Francis Andrepont, Algie Breaux, Brent Clement, Calvin Collins, Mike Danahay, Enos Derbonne, Chris Landry, Charles S. Mackey, D.D.S., Don Manuel, and Hal McMillin

 

Absent: Cornelius “Cornie” Moon (out-of-town)


            Also present were Mr. S. Mark McMurry, Parish Administrator, Mr. Bryan Beam, Assistant Administrator, Mrs. Coleen Clark, Executive Secretary, Mr. Tim Conner, Assistant Parish Engineer, Mr. Richard Gremillion, Director of the Office of Emergency Preparedness, Mrs. Cheryl Heisser, Director of Human Resources, Mr. Jerry Milner, Director of Finance, Mr. Allen L. Smith, Jr., of the firm of Plauche, Smith and Nieset, Legal Counsel, Mrs. Kathy P. Smith, Recording Secretary, Mr. Gerry Trahan, Director of Facilities Management, and Mr. Jim Vickers, Director of Planning and Development.


            President Kleckley called the meeting to order. The invocation was pronounced by Mrs. Griffin which was followed by the Pledge of Allegiance. The roll was called with the result being as outlined above.


            President Kleckley welcomed everyone in attendance and asked those who would like to address the Police Jury to fill out a “Request to Appear” form and submit it to the staff. He also asked that all cellular telephones and pagers be turned off or set on a suitable mode so they would not interrupt the meeting.


            Motion was made by Mr. Danahay, seconded by Mrs. August and carried unanimously that the following application for a liquor and beer permit be approved:


WARD IV


Jeffrey J. Deshotel d/b/a

JEFF”S POOL PALACE

3890 Hwy. 90 West

Westlake, LA 70669                                        Liquor & Beer                           $135.00

(Mike Danahay’s District)


* * * * * * * * * * * *


            Upon motion made by Mr. Andrepont, which was duly seconded by Mrs. August and carried unanimously, the minutes of the Special Meeting of the Police Jury dated January 30, 2003, were approved, and the reading of same was dispensed with.


            Motion was made by Mr. Andrepont, seconded by Mrs. Griffin and carried unanimously that the minutes of the Regular Meeting of the Police Jury dated February 20, 2003, be approved, and the reading of same was dispensed with.


            Mrs. Griffin asked Dr. Mackey to join her at the podium to recognize the Lake Charles Boston Lady Cougars Basketball Team and Head Coach Paula Mayo for the team’s recent competition in the 3A Sweet Sixteen Basketball Tournament. Mrs. Griffin presented individual certificates to Coach Mayo to distribute to the following players and coaches: Rava Aaron, Vanessa Gauthier, Lacey Harrison, Angelica Jack, Nakeisha Joseph, Karen Kerlegan, Ashley Livings, Monique Manuel, Whitney McKinnie, Sonya Porter, Melissa Stevens, Dominique Thompson, LaDonna Williams, Coach Paula Mayo, and Assistant Coach Andrea Williamson.


            Dr. Mackey stated that he felt the team learned a lot and would probably be an even better team because of their hard work this year in trying to win the tournament. He presented a plaque in honor of the team’s accomplishments which read as follows:


Certificate of Recognition


Presented by the Calcasieu Parish Police Jury

on this, the 20th day of March, 2003, to


Lake Charles Boston Lady Cougars


for advancing to the Class 3A semifinals at the

Sweet Sixteen Basketball Tournament.

Congratulations on a job well done. Keep up the good work!


/s/ Elizabeth Conway Griffin, District 3                                               /s/ Chuck Kleckley, President

Calcasieu Parish Police Jury                                                                 Calcasieu Parish Police Jury


* * * * * * * * * * * *


            Coach Paula Mayo expressed her appreciation for the recognition of her team, pointing out that the team was the only one in Southwest Louisiana to compete in the Sweet 16 Tournament. She stated that the girls had worked very hard to accomplish this achievement and that she was very proud of them.


            Mrs. Griffin and Dr. Mackey then presented individual certificates to Head Coach Herman Weston of the Lake Charles Boston Basketball Team for said team’s recent competition in the 3A Semifinals at the Boys Top 28 State Basketball Tournament, as follows: Jared Fobbs, Brandon Bordelon, Tim Joseph, Anthony Prater, Gregory Brown, Anthony Streeter, Skylar McKinnie, Terrell Ceasar, Anthony Aaron, Jermaine Sterling, Terrell Bennett, Matthew Antoine, Dominique Francis, Quentin Spencer, Jonathan Galentine, Marcus Coleman, Pierre Thomas, and Assistant Coaches Roy Jackson and Andre Perkins.


            A plaque which read as follows was presented to Coach Weston who thanked the Police Jury for this recognition:


Certificate of Recognition


Presented by the Calcasieu Parish Police Jury

on this, the 20th day of March, 2003, to


Lake Charles Boston Cougars


for advancing to the Class 3A semifinals at the

Boys Tops 28 State Basketball Tournament.

Congratulations on a job well done. Keep up the good work!

 

/s/ Elizabeth Conway Griffin, District 3                                              /s/ Chuck Kleckley, President

Calcasieu Parish Police Jury                                                                 Calcasieu Parish Police Jury


* * * * * * * * * * * *


            Mr. John Dixon of the West Calcasieu Port, Harbor, and Terminal District appeared before the Police Jury with reference to ongoing development projects in said district. He stated that over the past five years, the Port had made tremendous improvements with the assistance of over $380,000 from the Police Jury’s Riverboat Fund for economic development. Mr. Dixon advised that the port had been able to utilize this capital project funding in conjunction with state grants, private tenant contributions, and some of the Port’s capital reserve funds to make great advances such as the installation of new roads and waterlines which had enabled them to rent property to tenants, as well as the installation of over 400 feet of bulkheading which allowed much more marine activity including fleeting and service areas.


            Mr. Dixon stated that the port had installed and improved a ramp for loading and unloading many types of materials and a warehouse building to house inventory for a diesel mechanic shop. He further stated that the port had recently removed a sunken barge which would allow for further development of that slip for tenant usage. Mr. Dixon advised that the Police Jury’s Budget Committee had approved a recommendation on this date to grant funding for dredging and clearing this slip, for which he was thankful, and that there were two possible tenants for immediate rental of this property.


            Mr. Dixon thanked the Police Jury for the funding from the Economic Development allocation of the Riverboat funding over the past few years which had allowed the port to grow significantly both in capital improvements and economic growth through new jobs and industries. He pointed out that five years ago the port had four employees and that it currently had 104. Mr. Dixon invited the jurors to visit the port to see the progress which had been made.


            President Kleckley advised that an item on the agenda would be taken out of sequence at this time, that being consideration of authorizing the Parish Administrator to enter into a Cooperative Memorandum of Agreement with the Manager of the Port of Lake Charles providing for temporary management and financial consulting services and the pro-rated reimbursement for such services, for a period not to exceed four months without additional authorization from the Police Jury.


            Mr. Dennis Stine, interim Director of the Port of Lake Charles, appeared before the Police Jury and stated that the first person he had called after being recently appointed as interim Port Director had been Mr. McMurry whom he had asked for the best governmental accounting person in the State, Mr. Jerry Milner. Mr. Stine further stated that the Police Jury should be very proud of Mr. Milner and the work he had done for the Parish. He pointed out that the Parish’s Comprehensive Annual Financial Report was one of the few in the State that was certified by the Government Finance Officers Association.


            Mr. Stine stated that he desperately needed Mr. Milner to help resolve some of the problems currently being faced by the Port and that he felt very strongly that for the local area to improve, the public bodies would have to work together and share talent when possible. Mr. Stine also stated that if he could utilize Mr. Milner’s services until such time as he could find a permanent director of finance, it would certainly help, and he would be most appreciative.


            Mr. Stine also complimented Mrs. Tammy Bufkin, Assistant Director of Finance, and Ms. Mary Flavin, Purchasing Agent, for their work during this interim process. Mr. Stine stated that the administrative team which had been built over the years said a lot about the Police Jury as policy makers.


            Mr. Manuel thanked Mr. Stine for stepping in and handling matters the way he had. He stated that the Police Jury would do whatever was necessary to help.


            Mr. Breaux stated that Mr. Milner was a class act but so was Mr. Stine, and he appreciated Mr. Stine’s efforts in resolving the problems at the Port of Lake Charles.


            Upon motion made by Mrs. Treme, which was duly seconded by Dr. Mackey and carried unanimously, the Parish Administrator was authorized to enter into a Cooperative Memorandum of Agreement with the Manager of the Port of Lake Charles providing for temporary management and financial consulting services and the pro-rated reimbursement for such services, for a period not to exceed four months without additional authorization from the Police Jury.


            Motion was made by Mr. McMillin, seconded by Dr. Mackey and carried unanimously to suspend the rules by a two-thirds majority vote to hear from Mr. Al Allemond of the Calcasieu Parish Sheriff’s Office.


            In explanation, Mr. Andrepont stated that at his request, a resolution had been adopted by the Police Jury on March 6th regarding rumors that had been circulating at the time with regard to the closing of the Sheriff’s sub-station in Carlyss. He further explained that he had subsequently been told by a real good source at the Sheriff’s office that this was not true and there were no plans to close said sub-station. Mr. Andrepont stated that he appreciated the support from the Police Jury for the resolution but that it was no longer an issue.


            Mr. Manuel pointed out that Mr. Allemond had been present earlier but must have had an emergency and had to leave.


            It was moved by Mr. Clement, seconded by Mrs. Treme and carried unanimously to forward a letter of appreciation to Sheriff Lundy for continued staffing of the Carlyss sub-station.


            Mr. Chuck Rogers, Systems Manager for Cox Communications, 5733 Birch Street, Lake Charles, appeared before the Police Jury at this time regarding Cox’s recent rate increase announcement. He explained that the increase which was to become effective with the April billing was a little larger than normal. Mr. Rogers stated that last year’s increase was approximately 6% and that this year’s increase would only apply to expanded basic which was an optional service and which would increase from the current level of $22.95 per month to $26.75, or a $3.80 per month increase.


            Mr. Rogers explained that with the technological advances which were occurring virtually every day, programming cost increases would have to be passed along by the programmers to the cable retailers and that a 20% increase from a network was not unusual. He also explained that the increase in number of channels increased the competition for viewers and in order to compete, additional programs were being produced, which was expensive. Mr. Rogers pointed out that the extensive coverage of the war on Iraq currently being televised on the cable channels was a valuable service to the community, because it was uniting those people who were watching it.


            Mrs. August asked if there could be different packages made available so that people could have a choice of what stations they could access and also to bring down the cost of cable television to the citizens. Mr. Rogers explained that the cable business was currently looking at this – to provide stations “ala carte” but that the problem was that channels such as C-SPAN which were offered as a public service would probably go out of business, leaving only the more expensive channels.


            Mr. Rogers stated that his company had to stay financially strong in order to provide some of the other services it provided, such as pay-per-view, high speed internet connection, etc.


            Mrs. August asked if there was some way to encourage competition in the area of providing cable television service, to which Mr. Beam explained that except for large metropolitan areas, this question was basically an economic issue in that it was very expensive to build a system in an area where another cable system was already set up. He stated that it would eventually become more and more common to have cable companies providing telephone service.


            In answer to a question by Mr. Derbonne, Mr. Rogers stated that his company was getting ready to design a “rebuild” of the system which would increase the company’s frequency, allowing them to add more channels, and he could almost promise that MSNBC would be added.


            Mrs. Griffin stated that she wanted her constituents to know that the Police Jury did not regulate cable television prices, and she hoped that Mr. Rogers would keep the common people in mind so that they could afford the services he provided.


            Mr. Rogers stated that it had been a pleasure to work with Mr. Beam for the past three and one-half years and assured the jurors that he had represented them well and did a wonderful job on their behalf.


            President Kleckley advised that action was need on Zoning Case RZ01-007-03 which was a request by Martin Landry to rezone from C-1 (Light Commercial) to R-2 (Mixed Residential) to allow residential development (manufactured home) on Marlin Road in Ward One, Police Jury District 1. He further advised that the Planning and Zoning Board had met on Tuesday, March 18, 2003, and voted unanimously to recommend that the request be granted with the following stipulations: (1) that the development adhere to the site plan on file with the Division of Planning and Development; and (2) that the manufactured home be skirted prior to utilities being connected.


            Motion was made by Mr. Andrepont, seconded by Mrs. Griffin and carried unanimously that the recommendation of the Planning and Zoning Board be upheld with respect to Zoning Case RZ01-007-03 and that the request to rezone be granted with the stipulations outlined by said board; whereupon, the following ordinance was adopted:


ORDINANCE NO. 4509

 

AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Martin Landry to rezone from C-1 (Light Commercial) to R-2 (Mixed Residential) to allow residential development (manufactured home) on the property described as: The E 90’ of the following legal: Com at a point being 1425 feet S and 247.2 feet W of the NE cor of S1, T9S, R9W, Calcasieu Parish, Louisiana; thence W 217.8 feet; thence S 300 feet; thence E 120 feet; thence N 100 feet; thence E 97.8 feet; thence N 200 feet to the poc.


            BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 20th day of March, 2003, that Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, and the Comprehensive Zoning Map for Calcasieu Parish, Louisiana, be and they are hereby amended insofar as said ordinance and map pertain to the following property in Ward One of this parish:

 

From C-1 (Light Commercial) to R-2 (Mixed Residential) to allow residential development (manufactured home) with the following stipulations: 1) that the development adhere to the site plan on file with the Division of Planning and Development; and 2) that the manufactured home must be skirted prior to utilities being connected; on the property described as: The E 90’ of the following legal: Com at a point being 1425 feet S and 247.2 feet W of the NE cor of S1, T9S, R9W, Calcasieu Parish, Louisiana; thence W 217.8 feet; thence S 300 feet; thence E 120 feet; thence N 100 feet; thence E 97.8 feet; thence N 200 feet to the poc.

 

Zoning Case RZ01-007-03


            BE IT FURTHER ORDAINED that the rezoning of the above described property is effective this date, classified in accordance with a new zoning District Map (adding to the existing District Map) which is attached to this ordinance to be placed on file in the Office of the Clerk of Court showing the classification of the new area of the above described property.


            THUS DONE AND PASSED BY THE CALCASIEU PARISH POLICE JURY on the date above inscribed.

                                                                              /s/ Chuck Kleckley, President


/s/ S. Mark McMurry, Administrator &

Ex-Officio Secretary


* * * * * * * * * * * *


            President Kleckley advised that action was needed on Zoning Case RZ01-003-03 which was a request by residents of West Fork Oaks Subdivision to rezone from R-M (Multi-Family Residential) to R-2 (Mixed Residential) to maintain residential character on Hennigan Road in Ward One, Police Jury District 14. He further advised that the Planning and Zoning Board had met on Tuesday, March 18, 2003, and voted unanimously to recommend that the request be granted.


            It was moved by Dr. Mackey, seconded by Mr. Manuel and carried unanimously to uphold the recommendation of the Planning and Zoning Board with respect to Zoning Case RZ01-003-03 and to grant the request to rezone; whereupon, the following ordinance was adopted:


ORDINANCE NO. 4510

 

AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Residents of West Fork Oaks Subdivision to rezone from R-M (Multi Family Residential) to R-2 (Mixed Residential) to maintain residential character on the property described as: Tracts A, B, C, D, E, F, G, H, I, J, K, L, M, N, and O located in West Fork Oaks Subdivision in the SE/4 of S21, T8S, R9W. West Fork Oaks Subdivision plat recorded in Plat Book 5, page 565 at the Clerk of Court.


            BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 20th day of March, 2003, that Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, and the Comprehensive Zoning Map for Calcasieu Parish, Louisiana, be and they are hereby amended insofar as said ordinance and map pertain to the following property in Ward One of this parish:

 

From R-M (Multi Family Residential) to R-2 (Mixed Residential) to maintain residential character on the property described as: Tracts A, B, C, D, E, F, G, H, I, J, K, L, M, N, and O located in West Fork Oaks Subdivision in the SE/4 of S21, T8S, R9W. West Fork Oaks Subdivision plat recorded in Plat Book 5, page 565 at the Clerk of Court.

 

Zoning Case RZ01-003-03


            BE IT FURTHER ORDAINED that the rezoning of the above described property is effective this date, classified in accordance with a new zoning District Map (adding to the existing District Map) which is attached to this ordinance to be placed on file in the Office of the Clerk of Court showing the classification of the new area of the above described property.


            THUS DONE AND PASSED BY THE CALCASIEU PARISH POLICE JURY on the date above inscribed.


                                                                              /s/ Chuck Kleckley, President


/s/ S. Mark McMurry, Administrator &

Ex-Officio Secretary


* * * * * * * * * * * *


            President Kleckley advised that action was needed on Zoning Case RZ01-008-03 which was a request by Cathy Brooks to rezone from C-3 (Central Business Commercial) to R-1 (Single Family Residential) to allow residential development (house) on Noelie Street in Ward One, Police Jury District 1. He further advised that the Planning and Zoning Board had met on Tuesday, March 18, 2003, and voted unanimously to recommend that the request be granted with the stipulation that the development adhere to the site plan on file with the Division of Planning and Development.


            Upon motion made by Mr. Manuel, which was duly seconded by Mrs. Griffin and carried unanimously, the recommendation of the Planning and Zoning Board was upheld with respect to Zoning Case RZ01-008-03 and the request to rezone was granted with the stipulation that the development adhere to the site plan on file with the Division of Planning and Development, as recommended by the Planning and Zoning Board; whereupon, the following ordinance was adopted:


ORDINANCE NO. 4511

 

AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Cathy Brooks to rezone from C-3 (Central Business Commercial) to R-1 (Single Family Residential) to allow residential development (house) on the property described as: Lot 15 of Block “A” of Mrs. I. Comeaux Subdivision of S/2 of SW/4 of SW/4 of S6, T9S, R8W, per plat recorded in plat book 11, page 117.


            BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 20th day of March, 2003, that Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, and the Comprehensive Zoning Map for Calcasieu Parish, Louisiana, be and they are hereby amended insofar as said ordinance and map pertain to the following property in Ward One of this parish:

 

From C-3 (Central Business Commercial) to R-1 (Single Family Residential) to allow residential development (house) with the stipulation that the development adhere to the site plan on file with the Division of Planning and Development, on the property described as: Lot 15 of Block “A” of Mrs. I. Comeaux Subdivision of S/2 of SW/4 of SW/4 of S6, T9S, R8W, per plat recorded in plat book 11, page 117.

 

Zoning Case RZ01-008-03


            BE IT FURTHER ORDAINED that the rezoning of the above described property is effective this date, classified in accordance with a new zoning District Map (adding to the existing District Map) which is attached to this ordinance to be placed on file in the Office of the Clerk of Court showing the classification of the new area of the above described property.


            THUS DONE AND PASSED BY THE CALCASIEU PARISH POLICE JURY on the date above inscribed.


                                                                              /s/ Chuck Kleckley, President


/s/ S. Mark McMurry, Administrator &

Ex-Officio Secretary


* * * * * * * * * * * *


            President Kleckley advised that action was needed on Zoning Case RZ03-011-03 which was a request by Delton J. Matte to rezone from A-1 (Agricultural) to R-MHP (Manufactured Home Park) to allow an expansion to a manufactured home park (from 45 spaces to 48 spaces) at 2653 Old DeRidder Highway in Ward Three, Police Jury District 2. He further advised that the Planning and Zoning Board had met on Tuesday, March 18, 2003, and voted unanimously to recommend that the request be granted with the following stipulations: (1) that the development adhere to the site plan on file with the Division of Planning and Development; and (2) that the extension of the proposed road be hard surfaced (concrete or asphalt).


            Motion was made by Mr. Collins, seconded by Mrs. Griffin and carried unanimously that the recommendation of the Planning and Zoning Board be upheld with respect to Zoning Case RZ03-011-03 and that the request to rezone be granted with the stipulations outlined by said Board; whereupon, the following ordinance was adopted:


ORDINANCE NO. 4512

 

AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Delton J. Matte to rezone from A-1 (Agricultural) to R-MHP (Manufactured Home Park) to allow an expansion to a manufactured home park (from 45 spaces to 48 spaces) on the property described as: Tract 3: Com at a point on the N side of State Highway No 3059 (Dry Creek Road) which point is 57.2 feet N of the SW cor of the NW/4 of the SE/4 of S15, T9S, R8W, thence N along quarter Section line 578.5 feet to the S side Public road, thence S 89 degs 00 minutes E along S line of said road 514.31 feet, thence S 03 degs 21 minutes 47 seconds W 136.2 feet, thence N 89 degs 05 minutes 29 seconds E 199 feet m/l to the N line of Louisiana State Hwy. 3059, thence Southwesterly along N line of said Hwy. 3059 to poc.


            BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 20th day of March, 2003, that Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, and the Comprehensive Zoning Map for Calcasieu Parish, Louisiana, be and they are hereby amended insofar as said ordinance and map pertain to the following property in Ward Three of this parish:

 

From A-1 (Agricultural) to R-MHP (Manufactured Home Park) to allow an expansion to a manufactured home park (from 45 spaces to 48 spaces) with the following stipulations: 1) that the development adhere to the site plan on file with the Division of Planning and Development; and 2) that the extenstion of the proposed road be hard surfaced (concrete or asphalt); on the property described as: Tract 3: Com at a point on the N side of State Highway No 3059 (Dry Creek Road) which point is 57.2 feet N of the SW cor of the NW/4 of the SE/4 of S15, T9S, R8W, thence N along quarter Section line 578.5 feet to the S side Public road, thence S 89 degs 00 minutes E along S line of said road 514.31 feet, thence S 03 degs 21 minutes 47 seconds W 136.2 feet, thence N 89 degs 05 minutes 29 seconds E 199 feet m/l to the N line of Louisiana State Hwy. 3059, thence Southwesterly along N line of said Hwy. 3059 to poc.

 

Zoning Case RZ03-011-03


            BE IT FURTHER ORDAINED that the rezoning of the above described property is effective this date, classified in accordance with a new zoning District Map (adding to the existing District Map) which is attached to this ordinance to be placed on file in the Office of the Clerk of Court showing the classification of the new area of the above described property.


            THUS DONE AND PASSED BY THE CALCASIEU PARISH POLICE JURY on the date above inscribed.

                                                                              /s/ Chuck Kleckley, President


/s/ S. Mark McMurry, Administrator &

Ex-Officio Secretary


* * * * * * * * * * * *


            President Kleckley advised that action was needed on Zoning Case RZ01-006-03 which was a request by J & P Land Development, LLC, to rezone from C-3 (Central Business Commercial) to R-1 (Single Family Residential) to allow a residential subdivision on Sam Houston Jones Parkway in Ward One, Police Jury District 1. He further advised that the Planning and Zoning Board had met on Tuesday, March 18, 2003, and voted unanimously to recommend that the request be granted.


            It was moved by Mr. Manuel, seconded by Mr. McMillin and carried unanimously to uphold the recommendation of the Planning and Zoning Board with respect to Zoning Case RZ01-006–03 and to grant the request to rezone; whereupon, the following ordinance was adopted:


ORDINANCE NO. 4513

 

AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by J & P Land Development LLC to rezone from C-3 (Central Business Commercial) to R-1 (Single Family Residential) to allow residential subdivision on the property described as: The S 300’ of the following: Of that part of the SW/4 of SE/4 of S1, T9S, R9W, Calcasieu Parish, Louisiana, described as beginning at the NW cor of said SW/4 of SE/4 of S1, T9S, R9W; thence run S89 degs, 47' 00” E along the N line of said SW/4 of SE/4, a distance of 1335.45’ to the NE cor of said SW/4 of SE/4; thence run S 0 degs 39’ 08” W along the E line of said SW/4 of SE/4, a distance of 1256.24’ to the N row line of LA. Hwy. 378; thence run N 88 degs 38’ 47” W along said row line for a distance of 522.43’, thence N 72 degs 38’ 37” W along said row line for a distance of 182.33’, thence N 88 degs 37’ 21” W along said row line for a distance of 125’, thence S 62 degs 31’ 35” W along said row line for a distance of 113.66’, thence N 88 degs 36’ 11” W along said row line for a distance of 400.93’, thence N 85 degs 46’ 35” W along said row line, a distance of 9.63’ to the W line of said SW/4 of SE/4; thence N 0 degs 31’ 59” E along said W line for a distance of 1256.78’ to the pob.


            BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 20th day of March, 2003, that Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, and the Comprehensive Zoning Map for Calcasieu Parish, Louisiana, be and they are hereby amended insofar as said ordinance and map pertain to the following property in Ward One of this parish:

 

From C-3 (Central Business Commercial) to R-1 (Single Family Residential) to allow residential subdivision on the property described as: The S 300’ of the following: Of that part of the SW/4 of SE/4 of S1, T9S, R9W, Calcasieu Parish, Louisiana, described as beginning at the NW cor of said SW/4 of SE/4 of S1, T9S, R9W; thence run S89 degs, 47' 00” E along the N line of said SW/4 of SE/4, a distance of 1335.45’ to the NE cor of said SW/4 of SE/4; thence run S 0 degs 39’ 08” W along the E line of said SW/4 of SE/4, a distance of 1256.24’ to the N row line of LA. Hwy. 378; thence run N 88 degs 38’ 47” W along said row line for a distance of 522.43’, thence N 72 degs 38’ 37” W along said row line for a distance of 182.33’, thence N 88 degs 37’ 21” W along said row line for a distance of 125’, thence S 62 degs 31’ 35” W along said row line for a distance of 113.66’, thence N 88 degs 36’ 11” W along said row line for a distance of 400.93’, thence N 85 degs 46’ 35” W along said row line, a distance of 9.63’ to the W line of said SW/4 of SE/4; thence N 0 degs 31’ 59” E along said W line for a distance of 1256.78’ to the pob.

 

Zoning Case RZ01-006-03


            BE IT FURTHER ORDAINED that the rezoning of the above described property is effective this date, classified in accordance with a new zoning District Map (adding to the existing District Map) which is attached to this ordinance to be placed on file in the Office of the Clerk of Court showing the classification of the new area of the above described property.


            THUS DONE AND PASSED BY THE CALCASIEU PARISH POLICE JURY on the date above inscribed.


                                                                              /s/ Chuck Kleckley, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Secretary


* * * * * * * * * * * *


            President Kleckley advised that action was needed on Zoning Case RZ03-010-03 which was a request by Port Aggregates, Inc. to rezone from I-1 (Light Industrial) to I-2 (Heavy Industrial) to allow bulk storage of concrete and process (crush) on Goodman Lane in Ward Three, Police Jury District 2. He further advised that the Planning and Zoning Board had met on Tuesday, March 18, 2003, and voted unanimously to recommend that the request be granted with the following stipulations: (1) that the development adhere to the site plan on file with the Division of Planning and Development; (2) that a 25-foot buffer zone be established around the perimeter of the stockpiling; (3) that should the business cease, the property would automatically revert to I-1; and (4) that a security gate be installed at the entrance within three months of zoning approval.


            Upon motion made by Mr. Collins, which was duly seconded by Mrs. Griffin and carried unanimously, the recommendation of the Planning and Zoning Board was upheld with respect to Zoning Case RZ03-010-03 and the request to rezone was granted with the stipulations outlined by said Board; whereupon, the following ordinance was adopted:


ORDINANCE NO. 4514

 

AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Port Aggregates, Inc. to rezone from I-1 (Light Industrial) to I-2 (Heavy Industrial) to allow bulk storage of concrete and process (crush) on the property described as: Com at a point 50.0 feet E and 523.1 feet N of the SE cor of Blk 9 Airport Acres No. 4, a subdivision in the SW/4 of S35, T9S, R8W, as per plat recorded in Plat Book 7, page 115, records of Calcasieu Parish, Louisiana; thence N 89 degs, 37’, 06”, W a distance of 710.94 feet; thence N 0 degs, 47’, 51”, W a distance of 448.59 feet; thence S 89 degs, 37’, 00”, W a distance of 521.64 feet; thence N 1 degree, 13’, 07”, W a distance of 259.26 feet; thence S 89 degs, 57’, 12”, E a distance of 190.44 feet; thence N 1 degrees, 16 minutes, 06 seconds, W a distance of 200.40 feet; thence S 89 degs, 57’, 14”, E, a distance of 161.6 feet; thence N 1 deg, 16’, 6”, W, a distance of 250.0 feet; thence S 89 degs, 57’, 10”, E, a distance of 50.77 feet; thence S 0 degs, 57’, 00”, E, a distance of 501.19 feet; thence S 89 degs, 51’, 53”, E, a distance of 631.51 feet; thence S 25 degs, 58’, 09”, E a distance of 476.91 feet; thence S 0 degs, 42’, 38”, E, a distance of 227.99 feet to poc; (more or less); less and except the following property: Com at a point 50.0 feet E and 523.1 feet N of the SE cor of Blk 9 Airport Acres No.4, a subdivision in the SW/4 of S35, T9S, R8W, as per plat recorded in Plat Book 7, page 115, records of Calcasieu Parish, Louisiana; thence N 89 degs, 37 minutes, 06 seconds, W a distance of 710.94 feet; thence N 0 degs, 47’, 51”, W a distance of 270.0 feet; thence S 89 degs, 37’, 06”, E, a distance of 691.35 feet; thence S 25 degs, 58’, 09 “, E a distance of 46.87 feet; thence S 0 degs, 42’, 38”, E a distance of 227.99 feet to the poc.


            BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 20th day of March, 2003, that Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, and the Comprehensive Zoning Map for Calcasieu Parish, Louisiana, be and they are hereby amended insofar as said ordinance and map pertain to the following property in Ward Three of this parish:

 

From I-1 (Light Industrial) to I-2 (Heavy Industrial) to allow bulk storage of concrete and process (crush) with the following stipulations: 1) that the development adhere to the site plan on file with the Division of Planning and Development; 2) that a 25 foot buffer zone must be established around the perimeter of the stockpiling; 3) that should the business cease, the property automatically revert to I-1; and 4) that security gate must be installed at the entrance within 3 months of zoning approval; on the property described as: Com at a point 50.0 feet E and 523.1 feet N of the SE cor of Blk 9 Airport Acres No. 4, a subdivision in the SW/4 of S35, T9S, R8W, as per plat recorded in Plat Book 7, page 115, records of Calcasieu Parish, Louisiana; thence N 89 degs, 37’, 06”, W a distance of 710.94 feet; thence N 0 degs, 47’, 51”, W a distance of 448.59 feet; thence S 89 degs, 37’, 00”, W a distance of 521.64 feet; thence N 1 degree, 13’, 07”, W a distance of 259.26 feet; thence S 89 degs, 57’, 12”, E a distance of 190.44 feet; thence N 1 degrees, 16 minutes, 06 seconds, W a distance of 200.40 feet; thence S 89 degs, 57’, 14”, E, a distance of 161.6 feet; thence N 1 deg, 16’, 6”, W, a distance of 250.0 feet; thence S 89 degs, 57’, 10”, E, a distance of 50.77 feet; thence S 0 degs, 57’, 00”, E, a distance of 501.19 feet; thence S 89 degs, 51’, 53”, E, a distance of 631.51 feet; thence S 25 degs, 58’, 09”, E a distance of 476.91 feet; thence S 0 degs, 42’, 38”, E, a distance of 227.99 feet to poc; (more or less); less and except the following property: Com at a point 50.0 feet E and 523.1 feet N of the SE cor of Blk 9 Airport Acres No.4, a subdivision in the SW/4 of S35, T9S, R8W, as per plat recorded in Plat Book 7, page 115, records of Calcasieu Parish, Louisiana; thence N 89 degs, 37 minutes, 06 seconds, W a distance of 710.94 feet; thence N 0 degs, 47’, 51”, W a distance of 270.0 feet; thence S 89 degs, 37’, 06”, E, a distance of 691.35 feet; thence S 25 degs, 58’, 09 “, E a distance of 46.87 feet; thence S 0 degs, 42’, 38”, E a distance of 227.99 feet to the poc.

 

Zoning Case RZ03-010-03


            BE IT FURTHER ORDAINED that the rezoning of the above described property is effective this date, classified in accordance with a new zoning District Map (adding to the existing District Map) which is attached to this ordinance to be placed on file in the Office of the Clerk of Court showing the classification of the new area of the above described property.


            THUS DONE AND PASSED BY THE CALCASIEU PARISH POLICE JURY on the date above inscribed.


                                                                              /s/ Chuck Kleckley, President


/s/ S. Mark McMurry, Administrator &

Ex-Officio Secretary


* * * * * * * * * * * *


            President Kleckley advised that action was needed on a request by the Planning and Zoning Board to adopt an ordinance rescinding Parish Ordinance No. 4399 due to non-development at 879 Parish Road in Ward One, Police Jury District 1. President Kleckley further advised that the Planning and Zoning Board had met on Tuesday, March 18, 2003, and voted unanimously to recommend that the ordinance be rescinded. [On August 15, 2002, the Police Jury approved the rezoning of this property from I-1 (Light Industrial) to R-M (Multi-Family Residential) to allow multi-family residential development (RZ01-029-02). The developers did not acquire the property, therefore, the Planning and Zoning Board requested that it revert back to its original I-1 (Light Industrial) classification.]


            Motion was made by Dr. Mackey, seconded by Mr. McMillin and carried unanimously that the recommendation of the Planning and Zoning Board be upheld with respect to rescinding Ordinance No. 4399 due to non-development at 879 Parish Road in Ward One and that said ordinance be rescinded; whereupon, the following ordinance was adopted:


ORDINANCE NO. 4515

 

AN ORDINANCE repealing Ordinance No. 4399, adopted by the Police Jury on August 15, 2002, which rezoned the following property in Ward One, in Zoning Case RZ01-029-02 from I-1 (Light Industrial) to R-M (Multi Family Residential), due to non development on the property described as: Com 1216 feet E of the NW cor of the NE/4 of S5, T9S, R8W, Louisiana Meridian, thence S parallel to the W line of the said NE/4 a distance of 250 feet, thence E parallel to the S line of the N/2 of the NE/4 of said S5 a distance of 801.6 feet, m/l, to the W line of State Highway, thence N along the W line of said Highway a distance of 250 feet to the N line of the said NE/4 thence W along the N line of the said NE/4 a distance of 801.6 feet, m/l/ to the poc.


         BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 20th day of March, 2003, that Ordinance No. 4399, adopted by the Police Jury on August 15, 2002, is hereby repealed and declared to be null and void and of no effect.


         BE IT FURTHER ORDAINED that the following described property is hereby classified as I-1 (Light Industrial): Com 1216 feet E of the NW cor of the NE/4 of S5, T9S, R8W, Louisiana Meridian, thence S parallel to the W line of the said NE/4 a distance of 250 feet, thence E parallel to the S line of the N/2 of the NE/4 of said S5 a distance of 801.6 feet, m/l, to the W line of State Highway, thence N along the W line of said Highway a distance of 250 feet to the N line of the said NE/4 thence W along the N line of the said NE/4 a distance of 801.6 feet, m/l/ to the poc.


         BE IT FURTHER ORDAINED that Chapter 26 - Zoning, of the Code of Ordinances, and the Comprehensive Zoning Map for Calcasieu Parish, Louisiana, are hereby amended to reflect the I-1 (Light Industrial) zoning classification referred to above.


         BE IT FURTHER ORDAINED that this ordinance shall become effective immediately upon its adoption.


         BE IT FURTHER ORDAINED that any ordinance or parts of any ordinance in conflict herewith are hereby repealed.


         THUS DONE AND PASSED BY THE CALCASIEU PARISH POLICE JURY on the date above inscribed.


                                                                                 /s/ Chuck Kleckley, President


/s/ S. Mark McMurry, Administrator &

Ex-Officio Secretary


* * * * * * * * * * * *

         President Kleckley advised that action was needed on Zoning Case RZ04-010-00 which was a request by Global Industries, Ltd. to amend Parish Ordinance No. 4180 and remove Stipulations 2 and 3 due to a revised site plan for property on Burton Shipyard Road in Ward Four, Police Jury District 12. [On March 23, 2000, the Police Jury approved a request from Global Industries, Ltd. to rezone from I-2 (Heavy Industrial) to R-M (Multi-Family Residential) to allow residential development on Burton Shipyard Road in Ward Four with the following stipulations: (1) all drives and parking be hardsurfaced (concrete or asphalt); (2) that a postal-approved central mailbox be provided; (3) that a central waste disposal area be provided; and (4) that the development adhere to the site plan on file with the Division of Planning and Development.]


         President Kleckley further advised that the Planning and Zoning Board had met on Tuesday, March 18, 2003, and voted unanimously to recommend that the request be granted with the following stipulations: (1) that the Planning and Development Staff would approve future site plans, and (2) that all drives and parking areas be hardsurfaced (concrete or asphalt) (the latter having been one of the original stipulations).


         It was moved by Mr. Clement and seconded by Mrs. Griffin to uphold the recommendation of the Planning and Zoning Board with respect to amending Parish Ordinance No. 4180 as outlined heretofore.


         Mr. Landry asked what the reason was for removal of the stipulations, and Mr. Vickers explained that Global Industries had changed its site plan to reduce the proposal from multiple units to one unit to lessen expenses.


         A vote was taken on the motion on the floor, and said motion carried unanimously; whereupon, the following ordinance was adopted:


ORDINANCE NO. 4516

 

AN ORDINANCE amending Ordinance No. 4180, adopted by the Police Jury on March 23, 2000, (Zoning Case RZ04-010-00), to remove Stipulation Nos. 2 and 3, and amend Stipulation No. 4, due to a revised site plan on the property.


            BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 20th day of March, 2003, that Ordinance No. 4180, adopted by the Police Jury on March 23, 2000, (Zoning Case RZ04-010-00), is hereby amended to provide for the removal of Stipulation 2) that a postal approved central mailbox be provided and 3) that a central waste disposal area be provided; as well as amend the wording for Stipulation No. 4) that the Planning and Development staff will approve future site plans; on the following property:

 

The N Ten (10) acres of the E Thirty-five (35) acres of the NE/4 of SE/4 of Section 13, T11S, R10W, records of Calcasieu Parish, Louisiana, together with all improvements situated thereon. Being more particularly described as follows: all that certain lot, block, tract or parcel of land containing 10.000 acres m/l and being the same lands described in a cash deed sale, dated August 20, 1997 from Fount Nerone Freeman and Misty Michael Freeman to Global Industries, Ltd. recorded in Conveyance Book 2697, Page 83 of the Deed Records of Calcasieu Parish, Louisiana and being more particularly described as follows: beginning at a found railroad spike monumenting the NE cor of the NE/4 of SE/4 of Section 13, T11S, R10W, Calcasieu Parish, Louisiana and from said POB run; th S 01 degs 06 min 07 sec W and passing over a found 1 ¼ inch galvanized iron pipe at a distance of 30.54 ft and also passing over a set 5/8 inch rebar with cap stamped Collins 4390 at a distance of 100.02 ft and continue for a total distance of 377.14 ft to a point; th N 89 degs 10 min 46 sec W for a distance of 1155.01 ft to a point; th N 01 degs 06 min 07 sec and passing over a set 5/8 inch rebar with cap stamped Collins 4390 at a distance of 30.15 ft and also passing over a set 5/8 inch rebar with cap stamped Collins 4390 at a distance of 354.41 ft and continuing for a total distance of 377.14 ft to a set PK nail; th S 89 degs 10 min 43 sec E for a distance of 1155.01 ft to the POB containing 435,602 sq. ft or 10.000 acres m/l.

 

      BE IT FURTHER ORDAINED that the above described property is hereby classified and ratified as R-M (Multi-Family Residential).

 

         BE IT FURTHER ORDAINED that this ordinance shall become effective immediately upon its adoption.

 

         BE IT FURTHER ORDAINED that any ordinance or parts of any ordinance in conflict herewith are hereby repealed.

 

            THUS DONE AND PASSED BY THE CALCASIEU PARISH POLICE JURY on the date above inscribed.

                                                                                    /s/ Chuck Kleckley, President

 

/s/ S. Mark McMurry, Administrator &

Ex-Officio Secretary

 

* * * * * * * * * * * *

         President Kleckley advised that action was needed on Zoning Case RZ03-013-03 which was a request by Five T’s Corporation to rezone from R-1 (Single Family Residential) to PUD (Planned Unit Development) to allow multi-family development with recreational facilities, commercial development, and industrial expansion on Highway 14 at Corbina Road in Ward Three, Police Jury District 9. He further advised that the Planning and Zoning Board had met on Tuesday, March 18, 2003, and voted (10) for and (1) against to recommend that the request be granted with the following stipulations: (1) that the development adhere to the site plan on file with the Division of Planning and Development; (2) that all drives and parking be hard surfaced (concrete); and (3) that all commercial development comply with C-1 (Light Commercial) uses.

 

         Motion was made by Mr. Andrepont, seconded by Mrs. Griffin and carried unanimously to discuss this matter.

 

         Mr. Dan Garcille, 2825 Addison Loop, Lake Charles, appeared before the Police Jury and gave the following reasons for opposition to the proposed project: (1) the traffic in the area was already “horrendous” without the addition of 80 more cars, (2) he had just heard about the project approximately one hour before the meeting on this date, and (3) he had not moved to the country to end up being in the city.

 

         Mr. Arr Livingston, 2834 Addison Loop, Lake Charles, appeared before the Police Jury and agreed with the reasons for opposition as outlined by Mr. Garcille. He pointed out that the residents had defeated a proposal for a trailer park in this area not long ago. Mr. Livingston stated that he had received a flyer concerning the current proposal but had not seen any signs announcing the rezoning request and that while the residents were against the project, they would at least like more time to study it before a decision was made by the Police Jury.

 

         Ms. Brenda Cole, 6311 South Meadowlark Drive, Lake Charles, appeared before the Police Jury and stated that the area did not need any more buildings constructed because of existing drainage problems.

 

         Mr. Hilton Frank, 3012 Lark Lane, Lake Charles, appeared before the Police Jury and stated that he traveled this route daily and had not seen any rezoning signs either. He further stated that he felt the community would be much better represented if the residents had more time to organize.

 

         Mr. Donald Jackson, 6511 South Meadowlark Drive, appeared before the Police Jury with reference to his opposition to the proposed project. He stated that his reasons for opposition were: (1) the residents would like to retain the single-family residential (R-1) zoning, (2) poor drainage in the area, (3) current problems with low water pressure associated with water wells in the area and the impact of additional wells for 80 new residences on water resources and availability, (4) the negative impact on current drainage capabilities, (5) the magnitude of the proposal and the unanswered questions on the part of the residents, (6) concerns regarding management, maintenance and security of the proposed apartment complex, retention pond, and waste water treatment system, (7) questions concerning contingencies for waste water treatment failures and outages, (8) questions regarding whether or not any off-site contingencies and environmental studies had been done with regard to the proposed retention pond for the waste water system in the event of flooding, (9) the effect of sewer treatment chemicals on well water and ground water supplies, (10) the economic impact on property values and insurance rates in the area, and (11) the overall need for more information.

 

         In answer to a question by Mr. Kleckley, Mr. Vickers stated that according to law, the Police Jury was legally required to run an advertisement in the official journal notifying the public of a rezoning request, and said advertisement had to run three times at least ten days prior to the hearing. He stated that the staff ran the advertisement well in advance and in addition to what was required by law, the staff also put placards on the property affected by the proposed zoning change in order to alert the residents in the area.

 

         Mr. Manuel stated that it was his impression that the residents were not informed about the proposal, and in answer to Mr. Manuel’s question, Mr. Jackson stated that the residents were asking for additional time and for a more comprehensive package to be presented by the developer. He pointed out that this did not mean the residents were in support of the proposal.

 

         Motion was made by Mr. Andrepont and seconded by Mr. Manuel to defer action on Zoning Request RZ03-013-03 for thirty days for the residents to obtain more facts about the project before a final decision on the matter was made by the Police Jury.

 

         Mrs. August spoke in favor of deferral, stating that she felt sure the Jury would be concerned if there was a possibility that overflow from the waste water retention pond could get into the well water.

 

         Mr. Vickers stated that the aerial photograph included in the agenda packets gave a good idea of Mr. Cormier’s property which encompassed a total of 32.5 acres which he was requesting to rezone for multi-family development with recreational facilities, commercial development, and industrial expansion, most of which would consist of 20 four-plexes, with each four-plex unit to be two-story with two bedrooms, two baths, and a garage. Mr. Vickers further stated that the exterior of the four-plexes would be concrete and brick, and Mr. Cormier proposed to install concrete streets, parking, and fencing, as well as a recreational facility which would have exercise equipment, dressing rooms, swimming pool, basketball court, and picnic area. Mr. Vickers pointed out that the proposed development would be constructed in phases over a five-year period.

 

         Mr. Vickers also explained that approximately 5.7 acres on the southwest corner of Highway 14 and Corbina Road was designated as future commercial development to include a restaurant, strip mall, sporting goods store, and similar retail, all of which would commonly be found in an area zoned C-1 (Light Commercial). Mr. Vickers pointed out that the property at the southeast corner of Highway 14 and Corbina Road was already zoned C-1 and that if the opposite corner was also rezoned C-1, the two would be compatible.

 

         Mr. Vickers stated that the western portion of the property (eight acres) was designated as an expansion of Mr. Cormier’s existing business (Murphy Cormier General Contractor) to be used as a storage yard for concrete products (i.e. concrete sewage tanks, temporary lay down yard for on-site development).

 

         Mr. Vickers advised that Mr. Cormier had met with the Ward Three drainage board and that he planned to do storm water retention on-site, pointing out that Mr. Cormier had been in the sewer plant business ever since he (Mr. Vickers) had known him, servicing everything from residential to huge commercial establishments, and Mr. Vickers felt that Mr. Cormier certainly had expertise insofar as sewer components. Mr. Vickers also pointed out that if approval was granted by the Police Jury, final development plans would have to be submitted to the drainage board and that the project would be developed over a number of years. Mr. Vickers stated that some of the development in the southwestern portion of Ward Three would require storm water retention and that the proposed development would have to drain off as if there was no development and stored.

 

         Mr. Vickers further stated that until a long-range solution could be found to the drainage problems in south Ward Three, these were the things to be faced if development was going to continue to be allowed. He asked that the jurors listen to Mr. Cormier’s presentation, pointing out that he had put a lot of thought and effort into his plans for the proposed development.

 

         Mr. Breaux stated that he knew Mr. Cormier did not do shabby work, and he asked Mr. Wainwright, Public Works Engineer, to elaborate on the drainage problems in the area of the proposed development, particularly in the area of Ms. Brenda Cole’s home. Mr. Wainwright responded that the drainage was typical of all of the drainage in south Lake Charles and much of the Parish in that it had its issues but with the proper design it could still be handled.

 

         Mr. Breaux stated that the east side of Corbina Road was in his district and that there were some $200,000 - $300,000 homes in that area, and he knew they were flooding. He further stated that there was a bad problem at the corner of Highway 14 and Corbina Road, and he asked if Mr. Cormier was going to address these drainage issues in writing.

 

         Mr. Vickers stated that Mr. Cormier had gone to the Ward Three drainage board, and the Planning and Development office had received a letter from said board. Mr. Vickers further stated that he could not say that the drainage was perfect in this area but that the staff was trying to work with Mrs. Cole to help her elevate her house, pointing out that no fill was put under said house but instead, it had been built flat on the ground. Mr. Vickers advised that he felt Mr. Cormier’s development could be planned in such a way as to minimize the impact on the surrounding area and to adequately address the water and sewer issues.

 

         Mr. Breaux stated he felt Mr. Cormier should be required to put everything in writing. He also stated that some of the residents were concerned about the possibility that the proposed development would become Section 8 Housing, and he asked if that had been addressed.

 

         Mr. Vickers stated that there were federal laws that prohibited discrimination against Section 8 Housing and that he was not going to discriminate against anybody being able to obtain Section 8 Housing, pointing out that there was this type of housing all over the Parish.

 

         Mr. Breaux asked if there were regulations that would prohibit the development from being allowed to get run down, to which Mr. Vickers stated that he felt Mr. Cormier should answer these types of questions but that he would not be able to get tenants if he let the property run down. Mr. Breaux stated that the residents wanted their concerns addressed in black and white.

 

         Mr. Jackson was granted an opportunity to briefly appear again before the Police Jury, and he stated that the residents were not challenging Mr. Cormier’s expertise and knowledge of his manufacture of sewer products but rather the ability and experience in operating and maintaining the proposed development.

 

         Mr. Murphy Cormier, the applicant, 2885 Highway 14 East, Lake Charles, appeared before the Police Jury and stated that this would be an $8.5 million project which would include a seven-foot concrete fence, and the units would rent for $1,000 per month. Mr. Cormier stated that with respect to the drainage concerns, there would be no more water draining onto the surrounding property than what was currently draining, pointing out that the pipes under Highway 14 and Corbina Road would remain and that was what controlled the amount of water draining onto the property. Mr. Cormier advised that he would be following laws regulating retention ponds to hold the water back according to what the federal government had prescribed.

 

         Mr. Cormier stated that he had three water wells that had been approved by the Board of Health and that these were approximately 300' deep. He also stated that the sewer plant would be drip irrigation where the water going back into the ground had to meet specifications of the Louisiana Department of Environmental Quality. Mr. Cormier stressed that no sewer water would be discharged anywhere and that he was qualified to manage a waste water treatment plant. He advised that his business had 17 employees and did work in ten different states in the south. He further advised that he had to teach every installer how to maintain the sewer plants they installed and that he had given courses on how to run waste water treatment plants. Mr. Cormier pointed out that his property was located next door to the proposed development, and he did not intend to run raw sewerage into his own community.

 

         Mr. Cormier stated that no one had told him how to manage his current business which he said made quite a few million dollars per month and if he invested in something, he would manage it. He further stated that he felt property values in the area would increase with the addition of an $8.5 million investment of an all brick, energy-efficient, landscaped, and gated complex with various recreational amenities and a maintenance man living on-site.

 

         In answer to a question by Mr. Derbonne, Mr. Cormier stated that the elevation in the area was 17 feet and 18 feet, but that all floors in his complex would be at an elevation of 19 feet.

 

         Mr. Derbonne stated that their concern was the frequency of flooding in the area. He suggested that since this would be a phased-in development over a period of five years, maybe Mr. Cormier could meet with the residents and try to explain more about the proposal.

 

         Mrs. Griffin asked what commercial development was proposed as part of Mr. Cormier’s application, to which he responded that it would be a mini-mall with a Burger King or similar establishment.

 

         Mrs. August stated that it appeared to her that all the property owners wanted was to have a common understanding of what was being proposed and to have that in writing, to which Mr. Cormier pointed out that it was all outlined in the plans that he had submitted to the Planning and Zoning Board. Mrs. August stated that if it was, someone was remiss in not getting that information to the homeowners, and she wondered if thirty days was enough time for deferral of this matter, to which Mr. Cormier stated that if it took more than thirty days, he would have to cancel his plans.

 

         Mrs. Griffin stated she hoped Mr. Cormier would get together with the residents to help them understand what was being proposed, and Mr. Cormier advised that he had already spent a lot of time on the plans for the development and had spent two months meeting with Mr. Vickers. He further advised that the proposal had been in the newspaper and that he could not meet with everyone individually because he was required to be in ten different states in conjunction with his business and that sometimes he was gone (out-of-town) for a month at a time. Mr. Cormier stated that if the property owners wanted to set up a meeting through the Planning and Zoning office, he would be glad to meet with them.

 

         Mr. Landry stated that Mr. Cormier had followed all of the rules, and he did not know what else could be expected of him. He suggested that the meeting take place within a week and that perhaps thirty days was an excessive amount of time.

 

         Mr. Vickers stated he would be glad to facilitate a meeting to try and resolve the issues that were presented on this date to the extent they could be resolved.

 

         Following a brief discussion and clarification of the motion on the floor which was to defer action on Zoning Request RZ03-013-03 for thirty days in order for the residents to obtain more facts about the project before a final decision on the matter was made by the Police Jury, a voice vote was taken thereon, and said motion carried unanimously.

 

         President Kleckley advised that action was needed on Zoning Case RZ03-012-03 which was a request by Ralph Lewing to rezone from A-1 (Agricultural) to C-1 (Light Commercial) and I-1 (Light Industrial) to allow a contractor shop, storage yard, and professional offices at 1214 Country Club Road in Ward Three, Police Jury District 8. President Kleckley further advised that the Planning and Zoning Board had met on Tuesday, March 18, 2003, and voted unanimously to recommend that the request be granted with the following stipulations: (1) that the development adhere to the site plan on file with the Division of Planning and Development; (2) that the property automatically revert to A-1 should the proposed developments not occur; (3) that all drives and parking be hard surfaced (concrete or asphalt); and (4) that a six-foot wood fence be installed on the north, west, and east property lines (the east property line a distance of 100 feet) upon completion of the building to provide a containment area for construction equipment, and further, that the fence along the west property line may be installed in phases upon completion of the building.

 

         Motion was made by Mrs. Griffin, seconded by Mr. Landry and carried unanimously that the recommendation of the Planning and Zoning Board be upheld with respect to Zoning Case RZ03-012-03 and that the request to rezone be granted with the stipulations outlined by said board; whereupon, the following ordinance was adopted:

 

ORDINANCE NO. 4517

 

AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Ralph Lewing to rezone from A-1 (Agricultural) to C-1 (Light Commercial) and I-1 (Light Industrial) to allow a contractor shop, storage yard, and professional offices on the property described as: Com 796 feet E of the SW cor of the SW/4 of SE/4 of S24, T10S, R9W, Calcasieu Parish, Louisiana, thence E 180 feet, N563 feet, W 180 feet, S 563 feet to poc, subject to a public road right of way.

 

            BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 20th day of March, 2003, that Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, and the Comprehensive Zoning Map for Calcasieu Parish, Louisiana, be and they are hereby amended insofar as said ordinance and map pertain to the following property in Ward Three of this parish:

 

From A-1 (Agricultural) to C-1 (Light Commercial) and I-1 (Light Industrial) to allow a contractor shop, storage yard, and professional offices with the following stipulations: 1) that the development adhere to the site plan on file with the Division of Planning and Development; 2) that the property automatically revert to A-1 should the proposed developments not occur; 3) that all drives and parking must be hard surfaced (concrete or asphalt); and 4) that a 6 foot wood fence must be installed on the north, west, and east property lines (the east property line a distance of 100 feet) upon completion of the building to provide a containment area for construction equipment, and the fence along the west property line may be installed in phases upon completion of the building; on the property zoned I-1 (Light Industrial) described as North 210 feet of the following: Com 796 feet E of the SW cor of the SW/4 of SE/4 of S24, T10S, R9W, Calcasieu Parish, Louisiana, thence E 180 feet, N 563 feet, W 180 feet, S 563 feet to poc, subject to a public road right of way; and on property zoned C-1 (Light Commercial) described as South 353 feet of the following: Com 796 feet E of the SW cor of the SW/4 of SE/4 of S24, T10S, R9W, Calcasieu Parish, Louisiana, thence E 180 feet, N 563 feet, W 180 feet, S 563 feet to poc, subject to a public road right of way.

 

Zoning Case RZ03-012-03

 

            BE IT FURTHER ORDAINED that the rezoning of the above described property is effective this date, classified in accordance with a new zoning District Map (adding to the existing District Map) which is attached to this ordinance to be placed on file in the Office of the Clerk of Court showing the classification of the new area of the above described property.

 

            THUS DONE AND PASSED BY THE CALCASIEU PARISH POLICE JURY on the date above inscribed.

 

                                                                              /s/ Chuck Kleckley, President

 

/s/ S. Mark McMurry, Administrator &

Ex-Officio Secretary

 

* * * * * * * * * * * *

 

            President Kleckley advised that action was needed on Zoning Request RZ04-009-03 which was a request by Brandon Prather to rezone from R-2 (Mixed Residential) to C-1 (Light Commercial) to allow an auto detail shop at 4916 Carlyss Drive in Ward Four, Police Jury District 12. He further advised that the Planning and Zoning Board had met on Tuesday, March 18, 2003, and voted nine (against) and two (for) to recommend that the request be denied. President Kleckley pointed out that should the Police Jury vote to grant the request, the Board had recommended the following stipulations: (1) that development adhere to the site plan on file with the Division of Planning and Development; (2) that the property automatically revert to R-2 should the business cease; (3) that an occupational license be obtained within five days of zoning approval; and (4) that adequate parking be hard surfaced (concrete, asphalt, or calbase) within six months of zoning approval.

 

            Motion was made by Mr. Andrepont, seconded by Dr. Mackey and carried unanimously that the recommendation of the Planning and Zoning Board be upheld with respect to Zoning Case RZ04-009-03 and that the request to rezone be denied.

 

            It was moved by Mrs. Griffin, seconded by Mrs. August and carried unanimously to adopt the following resolution:

 

RESOLUTION