BE IT FURTHER ORDAINED that the above described property is hereby classified and ratified as C-2 (General Commercial).

 

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         BE IT FURTHER ORDAINED that any ordinance or parts of any ordinance in conflict herewith are hereby repealed.

 

            This ordinance was adopted on the 20^th day of April, 2006.

 

                                                                                    /s/ Michael E. Danahay, President

 

/s/ S. Mark McMurry, Administrator &

Ex-Officio Secretary

 

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

 

            President Danahay advised that action was needed on RZ01-013-06 which was a request by Kenneth R. Comeaux to rezone from R-2 (Mixed Residential) to R-M (Multi-Family Residential) to allow 14 duplexes on Stafford Road in Ward One, Police Jury District 1 (Mr. Manuel’s district). President Danahay further advised that the Planning and Zoning Board had met on Tuesday, April 18, 2006, and voted six (for) to five (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 the development be limited to 14 duplexes; (3) that all drives and parking must be hardsurfaced (concrete or asphalt); (4) that a drainage plan be submitted and approved by Gravity Drainage District No. Eight of Ward One and the Division of Engineering; and (5) that a road maintenance plan be submitted and approved by the Division of Planning and Development. President Danahay pointed out that the staff had recommended that the request be denied.

 

            It was moved by Mr. Manuel and seconded by Mr. Collins to overturn the recommendation of the Planning and Zoning Board with respect to RZ01-013-06 and to deny the request to rezone.

 

            Ms. Fran Quinn, 1142 West Bristol Road, Moss Bluff, appeared before the Police Jury in opposition to the request to rezone. She stated her concern that the improvement in quality of housing on Stafford Road would be diminished with the construction of the duplexes, pointing out that there were no assurances that the duplexes would be properly maintained once they were sold. Ms. Quinn stated that apartment/duplex dwellers were transients and since they had nothing invested in the neighborhood, would have nothing to lose by “trashing it up”.

 

            Mr. Robert Soileau, 1029 Stafford Road, Moss Bluff, appeared before the Police Jury, and his reasons for opposition were (1) an increase in traffic and associated speeding problems, particularly for neighborhood children, (2) an increase in crime, and (3) a decline in property values. Mr. Soileau stated that the property should remain zoned single-family.

 

            Mr. Russell Pawlowski, 1141 West Bristol Road, Moss Bluff, appeared before the Police Jury and concurred with statements made by Ms. Quinn and Mr. Soileau. He stated that he had a petition with 60 signatures of persons who owned property on or near Stafford Road who were against the rezoning. Mr. Pawlowski stated that he was not only concerned about increased traffic caused by the additional persons who would be living in the proposed duplexes but also the construction traffic.

 

            Mr. Aaron Champagne, the applicant for the rezoning request, 2628 South Perkins Ferry Road, Moss Bluff, appeared before the Police Jury and stated that the duplexes would be the nicest ones in Moss Bluff with landscaping, privacy fences, 47' x50' yards, individual sewer systems, etc. Mr. Champagne advised that according to Century 21 Realty, 30 of the 34 existing houses on Stafford Road would increase in property value with the construction of the duplexes, and the property value of the other four would remain the same.

 

            Mr. Champagne showed pictures of the homes on Stafford Road and advised that he had walked up and down Stafford Road on Monday, April 17, 2006, and that only a few neighbors he had talked to had a problem with the proposed duplexes. Mr. Champagne stated that he had addressed all of the concerns the residents had voiced, i.e., drainage, and that the duplexes were intended for rental by young families who wanted to live in Moss Bluff and raise families but who could not afford new homes, as well as retirees. He further stated that $44,000 was the annual income needed to live in the duplexes.

 

            Mr. Champagne also stated he had no plans to sell the duplexes in the near future, and the income from them would be used for his retirement, but that if he decided to sell them, he would try to sell them as a group. He explained that if he had to sell them individually, he would form a homeowner’s association to ensure proper maintenance. Mr. Champagne stated that this would be his first development in Moss Bluff, and not his last, so he wanted to use the duplexes as an example of the quality development he intended.

 

            Mr. McMillin pointed out that there was still a housing shortage in Calcasieu Parish since Hurricane Rita and in answer to his question, Mr. Vickers advised that even when the staff recommended against a proposal, they supplied the Planning and Zoning Board with appropriate recommendations in the event the Board decided to recommend approval. Mr. Vickers stated that the staff’s biggest issue was the long-term maintenance of the road, pointing out that Stafford Road was only 18' in width and that with utilities, there would be even less roadway. Mr. Vickers voiced his concern over the maintenance of the private road that would be put in to provide ingress and egress for the duplexes.

 

            Mr. McMillin asked if the Parish was still experiencing a need for housing, and Mr. Vickers advised that rental properties were desperately needed.

 

            In answer to a question by Mr. McMillin, Mr. Champagne stated that he had put in writing that he would take care of 100% of the cost of maintaining the private road and if he sold the duplexes, the homeowner’s association would be responsible for same.

 

            Mr. Manuel stated that in reality, he did not think a homeowner’s association would work in a situation that involved rental property. Mr. Manuel further stated that at first he did not think anyone was opposed to the project, but that he had been on the telephone all of the previous day with residents who were against it and that he had spoken with no one who was for it. Mr. Manuel advised that there were more suitable locations in Moss Bluff for a development of this nature. Mr. Manuel stated that he realized there was a need for apartments and housing in Calcasieu Parish, but Stafford Road was not the right location for the proposed duplexes.

 

            In answer to questions by Mr. Landry, Mr. Champagne stated that the homeowner’s association would be created if he sold the duplexes, maintenance of the road would be guaranteed, and his purchase of the property was under contract at the present time.

 

            In response to Mr. Guidry’s request, Mr. Champagne outlined various details and specifications of the duplexes, landscaping, etc.

 

            Mrs. Griffin stated that out of respect for Mr. Manuel’s wishes, she would not vote in favor of rezoning the property but that she did not agree with statements made earlier in the meeting by persons in opposition to the request, such as the theory that people who live in apartments were transients who would only increase crime and traffic problems.

 

            President Danahay asked for a reverse roll call vote on the motion on the floor which was to overturn the recommendation of the Planning and Zoning Board with respect to RZ01-013-06 and to deny the request. The vote thereon was as follows:

 

YEAS:Mr. Andrepont, Mr. Brame, Mr. Clement, Mr. Collins, Mrs. Griffin, Mr. Guillory, Dr. Mackey, Mr. Manuel, Mr. Moon, and Mrs. Treme

 

NAYS:Mr. Guidry, Mr. Landry, Mr. McMillin, and Mr. Stelly

 

ABSENT:None

 

NOT VOTING:President Danahay

 

            The vote being ten (in favor) to four (against), President Danahay declared the motion as having carried, and RZ01-013-06 was denied.

 

            President Danahay advised that action was needed on ST03-001-05 which was a request by the Police Jury to conduct a feasibility study for a zoning overlay and zoning reclassification study of property located on Lake Street near Ham Reid Road to Gauthier Road in Ward Three (Police Jury District 7, Mr. Landry). President Danahay further advised that the Planning and Zoning Board had met on Tuesday, April 18, 2006, and voted unanimously to recommend that the commercial overlay district be adopted and approved the reclassifying of certain properties located along the Lake Street corridor.

 

            Motion was made by Mr. Landry, seconded by Mrs. Griffin and carried unanimously that the recommendation of the Planning and Zoning Board be upheld with respect to ST03-001-05 and that the commercial overlay district be adopted, and certain properties located along the Lake Street corridor be reclassified; whereupon, the following ordinances were adopted:

 

ORDINANCE NO. 5099

 

AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, to rezone certain properties on Lake Street commencing approximately 480 feet north of Ham Reid Road and extending south approximately 5,800 feet to Gauthier Road in Ward Three of Calcasieu Parish, Louisiana.

 

            BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 20^th day of April, 2006, 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 by rezoning and reclassifying certain properties on Lake Street commencing approximately 480 feet north of Ham Reid Road and extending south approximately 5,800 feet to Gauthier Road in Ward Three as shown on the “Zoning Map for Lake Street Overlay Boundary with Reclassification ST03-001-05" which is attached hereto as Exhibit A and made a part hereof.

 

            Study Case ST03-001-05

 

            BE IT FURTHER ORDAINED that the rezoning as per the attached map 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 reclassification of zoning district for said properties.

 

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

 

                                                                        /s/ Michael E. Danahay, President

 

/s/ S. Mark McMurry, Administrator &

Ex-Officio Secretary

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

 

ORDINANCE NO. 5100

 

AN ORDINANCE amending Chapter 26 – Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana.

                          

            BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in Regular Session convened on the 20^th day of April, 2006, that it does hereby amend Chapter 26 – Zoning, of the Code of Ordinances of Calcasieu Parish, Louisiana, to allow for the inclusion of the Lake Street Overlay District as Article VI, and to renumber Articles VI and VII, as follows:

 

            SECTION I.   Article VI. Is hereby named LAKE STREET OVERLAY DISTRICT REGULATIONS and is amended to read in its entirety as follows:

 

ARTICLE VI. LAKE STREET OVERLAY DISTRICT REGULATIONS

C-1 LD (Light Commercial - Lake Street District)

 

Sec. 26-46. Definitions.

 

In addition to the definitions in Sec. 26-6 of this chapter, the following definitions shall apply specifically to the Lake Street Overlay District and shall prevail in cases of conflict over definitions.

 

Alley: A dedicated public right-of-way having a required minimum width of twenty (20) feet and used to provide access to the rear or side of properties otherwise abutting a street.

 

Bakery: A place where products such as bread, cake, and pastries are baked or sold.

 

Catering and delicatessen services: To provide food service or a business that caters banquets and weddings.

 

Commercial area: A district composed of certain lands and structures used primarily to provide for the retailing of goods and the furnishing of selected services.

 

Convenience store: A store that is open long hours and that typically sells staple groceries, snacks, and sometimes gasoline.

 

Drive thru establishment: An establishment of the "drive thru" type is one, which accommodates patrons in automobiles from which the occupants may bank or conduct business of convenience.

 

Drug store: A store where prescriptions are filled and drugs and other articles are sold; a pharmacy.

 

Fix-it shop: A mercantile establishment for the retail sale of service repair excluding automobile repair shop.

 

Floor area: The sum of the gross horizontal area of the floor of the main building, but not including the area of roofed porches, terraces, or breezeways. All dimensions shall be measured between exterior faces of the walls.

 

Food service shop: A cafe, deli, coffee shop, sandwich shop, parlor or luncheonette, which offers food or beverages for purchase and consumption on the premises (no alcoholic beverages consumed on premises).

 

Funeral home: An establishment in which the dead are prepared for burial or cremation and in which wakes and funerals may be held.

Gas station: Any building or land used for the dispensing, sale, or offering for sale at retail of any automobile fuels including retail offering food or beverages including but not limited to other convenience goods.

 

Institution: A land used for hospitals, clinics or health service facilities.

 

Office, professional: The office of a physician, accountant, surgeon, dentist, attorney, architect, animal hospital, engineer, tax consultant, or other professional person who offers skilled services to his clients and who is not professionally engaged in the purchase or sale of economic goods.

 

Overlay district: Is a special zone that is drawn on a map outlining a significant resource. The resource could be an aquifer, a watershed, a shoreline, an historic area or a developing length of road, which may consist of neighborhoods or business potentials commonly called in planning a "road corridor".

 

Public amenity: Something that contributes to physical or material enhancement of the property and increases attractiveness or value, especially of a piece of real estate or a geographic location for the community or the people as a whole such as a fountain, courtyard, outdoor patio, open air eating, public art, or park.

 

Public use: Any use operated by an agency of government or private entity, which provides a direct service to the public for police, fire, or public transportation facilities.

 

Park: A facility which provides recreational opportunities which has minimal impacts on the surrounding area and has ten (10) percent or less coverage of the parcel by impervious surfaces, such as parks or playgrounds.

 

Restaurant: An establishment, which is devoted to the selling and serving of food for consumption by patrons on the premises and shall include alcoholic beverages sold as an accompaniment to meals only.

 

Right-of-way: The area of land designated by grant, contract, deed or dedication from the owner, or acquired by use, maintenance or acquisitive prescription, for use as a street, alley or utilities, whether such area is owned by the public or other user in fee or as servitude.

 

Road corridor: A developing length of road, which may consist of neighborhoods or business potentials commonly called in planning a "road corridor".

 

Section: Those areas between road intersections designated for a separation within a road corridor.

 

Sign, monument: A freestanding structure erected for a site that is marked and preserved as a business and used for advertising, building identification, street address and/or operating information. Sign shall be made of similar exterior materials of the building advertised and be no more than eight (8) feet in height, eight (8) feet in length and two (2) feet in width.

 

Sign, wall: A sign painted on or attached to the face of a building or structure supported throughout its length by such building.

 

Street yard planting area: The front yard setback buffer area.

 

Studio: an office of an artist, musician, photographer, craftsman, writer, tailor, seamstress, accountants, architects, hairstylists, brokers, doctors, lawyers, engineers, insurance agents, or similar person.

 

 

Sec. 26-47. Purpose and intent.

 

Zoning District C-1 LD (Light Commercial—Lake Street) is hereby created for the purpose of providing incentives to encourage infill development and redevelopment along Lake Street, improve the neighborhood characteristics of the area, and improve the overall quality of the surrounding community. The intent of this overlay district is to implement the community's vision for the area and to address the unique land development constraints along Lake Street. The standards contained herein will ensure that new development is compatible and enhances the appearance of the surrounding area. Redevelopment of existing buildings or projects will be required to comply with the applicable standards within the affected area only.

 

 

Sec. 26-48. Boundaries.

 

The Lake Street District consists of those lands within boundary commencing approximately 480 feet north of the intersection of Lake Street and Ham Reid Road extending south to Gauthier Road in Calcasieu Parish. The boundary is 5,800 feet in length and 400 feet in depth from the right of way on both sides of Lake Street including the 90-foot Right-of-Way for Lake Street.

 

 

Sec. 26-49. Permitted uses.

 

Business and professional offices; institutions; churches; parks, bakeries; catering and delicatessen services; clinics; convenience stores; day cares; drug stores; fix-it shops; food service shops; funeral homes; gas stations; nurseries (horticultural); personal service shops; ponds; public uses; restaurants (alcoholic beverages consumed on premises); and studios.

 

 

Sec. 26-50. Nonconforming uses - structures.

 

All current residences and businesses located within the boundary of the Lake Street District are exempt from complying with the overlay district regulations, except: a) when a residential use converts or is replaced with a business type use or; b) when an existing business is damaged, destroyed, repaired or renovated to 50% or more of the market value of the structure.

 

 

Sec. 26-51. Zoning.

 

All parcels subdivided or unsubdivided within the boundary of the Lake Street District shall be zoned C-1 (Light Commercial), but regulated pursuant to permitted uses set forth in these regulations and further herein described as C-1 LD (Light Commercial Lake Street District). There shall be no adjustments within the Lake Street District except when approved as an Alternative Design.

 

1.         Alternative Design - Alternative design solutions may be submitted to the Division of Planning and Development when it is found that the literal interpretation of this ordinance causes an undue hardship or may impede the objectives of the proposed development. Alternative designs may apply only to site planning difficulties (i.e., setbacks, landscaping, architectural design guidelines, parking, etc.)

 

2.         Alternative Request - There will be two types of request for alternative designs to the Lake Street District Overlay considered. Type one will consist of a Minor and type two a Major.

 

            a.         Minor: A request made for changes in development standards such as building setbacks, parking, landscaping, etc. that do not vary more than 20% of the required development standards.

 

            b.         Major: A request made to enlarge the boundary of the District, a request to establish a specific use that is not allowed within the particular section of the District, modifications to the architectural theme or when any variance request for development standards exceed 20% of the required development standards.

 

3.         Alternative Design Review Process - The review of Minor or Major request will be as follows:

 

            a.         Application must be made with the Division of Planning and Development. The Director of Planning and Development will determine when an application is complete.

 

            b.         In the case of a Minor request, upon the determination of a complete application a 7-day review period will ensue. At the end of the 7-day review period the Director of Planning and Development will issue in writing an approval, conditional approval, or disapproval of the application.

 

            c.         In the case of a Major request, upon the determination of a complete application a 14-day review period will ensue. Once determined complete, the application will be forwarded to the Lake Street District Overlay Review Team and within 14-days or less the Director of Planning and Development will issue in writing an approval, conditional approval, or disapproval of the application.

 

            d.         In the case of a Minor request, the Director of Planning and Development will make the final decision.

 

            e.         In the case of a Major request, the Lake Street District Overlay Review Team will make the final decision.

 

            f.         The Fourteenth Judicial District Court is the proper forum for any aggrieved party of any decision made by the Director of Planning and Development or the Lake Street District Overlay Review Team.

 

4.         Lake Street Overlay Review Team - The Lake Street District Overlay Review Team shall consist of the following members:

 

            a.         Director of Planning and Development

            b.         Police Jury member, District Six

            c.         Police Jury member, District Seven

            d.         Two (2) Planning and Zoning Board members, Ward Three

 

 

26-52. Conflict.

 

Where the provisions of the Lake Street District conflict with other applicable restrictions of the Calcasieu Parish Code of Ordinances, the provisions of this section shall prevail.

 

 

26-53. Property Development Regulations.

 

Property development regulations shall apply to any proposed development located within the boundary limits of the district and all development shall comply with the regulations of the underlying zoning districts, except where modified as follows for the Lake Street District:

 

1.         Setbacks, Maximum Heights, and Access

 

            a.         All buildings included in the overlay district along the Lake Street District must be set back a minimum distance of thirty (30) feet from the right of way line of Lake Street.

 

            b.         Maximum height on all buildings 35 feet.

            c.         No building or parking is allowed within the thirty (30) foot building setback except for public amenities.

 

2.         Building/Landscape

 

            a.         Front Yard Setback-30 feet

            b.         Corner Lot Front Yard Setback-30 feet for both streets

            c.         Side Yard Landscaped Buffer- 10 feet

            d.         Front Yard and Rear Yard Landscaped Buffer- 15 feet

            e.         Corner Lot Front Yard Landscaped Buffer- 15 feet for both streets

 

3.         Floor Area

 

            a.         None

            b.         Outdoor Seating Areas: only fifteen percent (15%) of the outdoor seating area of the buildings gross floor area.

 

4.         Parking

 

            a.         All required parking spaces for the principal use must be located on the rear or side of the principal structure. No parking spaces shall be located within the front yard setback. All developments located on corner lots shall comply with the thirty (30) foot setback on both streets.

 

            b.         All parking lots must have a concrete curb configuration. Shared parking areas and driveways are encouraged. Parking lot improvements are to:

 

                        1.         Reduce environmental effects of run-off

                        2.         Reduce heat generated from pavement

                        3.         Enhance aesthetic appeal of area

 

 

            c.         Rear service road (Alleys) - Parcels providing access through a rear service road shall be a minimum of twenty (20) feet wide, subject to utility easements to be approved by the Parish Engineer. The road must be unencumbered, built to Parish standards, and not used for any other purposes.

 

5.         Buffer requirements - When a business is constructed within the boundary of the Lake Street District, a solid six (6) foot wood or masonry fence must be installed on the designated lot line where contiguous to R-1 (Single Family Residential) or R-2 (Mixed Residential) lots with a minimum fifteen (15) foot setback for the rear yard buffer, ten (10) foot for the side yard buffer, and fifteen (15) foot setback for the front yard buffer, landscape included.

 

6.         Signage

 

            a.         The Calcasieu Parish Ordinance shall govern the maximum number, height, and area, and the location of freestanding signs.

 

            b.         Not withstanding any other provision to the contrary, only Monument Signs or Wall Signs are allowed in the Lake Street District. Only one (1) Monument Sign is allowed per entrance or driveway. One (1) Wall Sign is permitted for each building.

 

            c.         A Monument Sign or Wall Sign may not flash, blink or fluctuate and may not be animated. No internal illumination is allowed.

 

7.         Pedestrian Circulation

 

            a.         A paved, ADA (American Disabilities Act) compliant walkway shall be provided from all adjacent public sidewalks to all entrances used by the general public.

 

            b.         Benches and trash receptacles shall be provided as follows. One bench and trash receptacle per building.

 

            c.         Walkways traversing vehicular use areas shall be constructed of pavers, brick, decorative concrete, or similar pavement treatment (other than paint or striping) to indicate the pathway is intended for pedestrians.

 

8.         Quality Development Standards

 

            a.         Public Amenities: Businesses locating within the Lake Street District shall provide a minimum of one (1) of the following five public amenities, which shall have a French Country, Contemporary, or Traditional theme and be incorporated within the 30-foot front yard setback and the Lake Street Road right of way.

 

                        1.         Public art;

                        2.         Outdoor seating or outdoor furniture with umbrellas for open air eating;

                        3.         Outdoor patio, courtyard or plaza;

                        4.         Water feature/fountain/use of retention area as a focal point;

                        5.         Parks, squares or other public open spaces. Public open spaces shall be at least one hundred (100) feet by fifty (50) feet and are encouraged at intersections.

 

            b.         Architectural Design Guidelines: (French Country, Contemporary, and Traditional) - The following general architectural design guidelines shall apply a French Country, Traditional or Contemporary styled building:

 

                        1.         All roofing materials are limited to Architectural Asphalt Shingles, Standard Seam Copper, Slate (or imitation slate) or Clay Tile.

 

                        2.         Roofs will have a minimum six (6) foot on twelve (12) foot pitch.

 

                        3.         All exterior wall materials are limited to brick, vinyl, hardy plank or stucco. No aluminum or metal siding except where applicable (i.e. soffit, gable end, facial board).

 

                        4.         All exposed portions of chimneys must be brick or stucco. Chimney caps are required with no exposed spark arrestors. Chimney materials will be brick, copper, bronze color, slate, or flagstone.

 

                        5.         Storage sheds must be attached to the building and will be constructed of the same materials as the building. No prefab, freestanding structures will be permitted.

 

                        6.         All air-conditioning compressors will be screened and located in the rear and;

 

                        7.         Refuse collection must be kept in a dumpster enclosed by a six (6) foot wood, or masonry fence. Dumpsters may not be located in building setback areas or landscape buffer areas.

 

            c.         Exterior of Buildings

 

                        1.         Earth tone colors shall be encouraged for the base building color. The same base building color may be used for the entire structure.

 

                        2.         All entries used by the general public shall be easily identifiable and integrated into the building architecture.

 

                        3.         All roofing materials and colors shall compliment the base building materials and color.

 

                        4.         Loading docks, dumpsters, outdoor storage areas, compactors, and similar areas shall be screened from view from adjacent properties and public streets. Screening material and method shall be consistent with the architecture of the building and/or equivalent landscaping.

 

            d.         Lighting

 

                        1.         All freestanding poles and wall mounted exterior light fixtures shall be decorative and limited to a maximum height of eighteen (18) feet. Pole lighting prohibited within fifteen (15) feet of a residential property line.

 

                        2.         Lighting mounted on buildings or fences shall be no more than seven (7) feet above the ground.

 

                        3.         Pole lighting is allowed in parking areas. Pole lighting is limited to eighteen (18) feet in height and must be located no closer than fifteen (15) feet from the property line.

 

                        4.         Any external lighting must be oriented inward toward the development or structures to minimize intrusion into surrounding property.

 

9.         Prohibitions - The following elements shall be prohibited: neon lights and colors, high intensity, metallic or fluorescent colors, mirror or solar glass with a reflectivity or opacity greater than sixty percent (60%).

 

10.       Crime Prevention Through Environmental Design (CPTED) - A minimum of one (1) CPTED principle from each category below shall be incorporated into site design for all development.

 

            a.         Reduce Opportunities

            b.         Creating an atmosphere that does not encourage or invite unlawful activity can reduce criminal opportunities.

 

                        Strategies would include:

 

                        1.         Well lighted public outdoor areas and pedestrian walkways.

                        2.         Well lighted parking areas.

                        3.         Direct general public access from all parking areas.

                        4.         Signs directing general public to entrances for general public.

                        5.         Easily identifiable store entrances.

                        6.         Difficult roof accessibility.

                        7.         “Call-out” pay phones only under surveillance.

 

            c.         Visibility in and around the business area will help to reduce crime.

 

                        Methods would include:

 

                        1.         Store windows facing all parking areas.

                        2.         Interior shelves and displays not exceeding five (5) feet in height.

                        3.         Well lighted interior/exterior spaces.

                        4.         Building-mounted lighting installed on all exterior walls, especially at delivery/ service and entrances for general public.

                        5.         Clear visibility maintained from the store to the street, parking areas, pedestrian walkways, and passing vehicles.

                        6.         All entrances and exits under visual or electronic surveillance.

                        7.         Landscaping, buildings, walls and fences, which do not create hiding places or hinder visibility.

 

            d.         Territorial Reinforcement - Physical features can be used to distinguish private areas from public spaces. Residential areas should be designed to indicate they are off-limits to the general public. Methods to differentiate private areas from public spaces include:

 

                        1.         Landscaping, special pavement, and low fences.

                        2.         Public spaces identified by welcome, directional, marquee, or similar signs.

                        3.         Wrought iron, aluminum picket or similar non-opaque decorative gates used to identify entrances into private residence.

 

 

Sec. 26-54. Landscaping.

 

1.         Purpose.

 

The purpose of this plan is to protect and enhance the Lake Street District's environment, economic and aesthetic resources consistent with the goals of the Lake Street District regulations, thereby promoting public health, safety and general welfare of the citizens and contributing to the quality of life by encouraging a high level of design in development. Further, the standards and requirements of this plan seek to promote the preservation, protection and enhancement of nature in the Parish, and nature’s unique features with particular emphasis on the urban forest canopy and vegetative cover of the land.

 

2.         Applicability of landscape requirement – The provisions of this plan shall apply to:

 

            a.         All new development within the Lake Street Overlay District.

 

            b.         When an existing use converts or is replaced with a new type of use or when the existing use is damaged, destroyed, repaired or renovated to fifty (50) percent or more of the assessed market value of the structure.

 

            c.         The street yard planting area shall contain shrubs and non-turf ground cover planting. Shrub and ground cover planting must cover forty (40) percent of the street yard planting area. Generally, shrubs and ground covers should be planted in masses of one type per mass and in sufficient numbers to create beds or “drifts” of plants.

 

            d.         Sight triangle area: No planting or ground cover in sight triangle areas shall exceed twenty-four (24) inches in height at maturity.

 

 

            SECTION II. Article VI. Violations and Penalties, Sections 26-46 through 26-50 are hereby renumbered respectively as Article VII. Violations and Penalties, Sections 26-55 through 26-59.

 

            SECTION III.           Article VII. Fees, Section 26-51 is hereby renumbered as Article VIII. Fees, Section 26-60.

 

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

 

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

 

            BE IT FURTHER AND FINALLY ORDAINED that the provisions of this ordinance shall be included and incorporated in the Code of Ordiannces as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code.

 

            THUS PASSED AND ADOPTED on this, the 20^th day of April, 2006.

 

                                                                                    /s/ Michael E. Danahay, President

 

/s/ S. Mark McMurry, Administrator &

Ex-Officio Secretary

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

 

            President Danahay advised that action was needed on ST03-003-06 which was a request by the Police Jury to conduct a feasibility study for zoning reclassification of property located on L. Ogea Road in Ward Three (Police Jury District 8, Mr. Brame). President Danahay further advised that the Planning and Zoning Board had met on Tuesday, April 18, 2006, and voted seven (for) to three (against) to reclassify the properties currently zoned R-2 (Mixed Residential) to R-1 (Single Family Residential). President Danahay pointed out that the staff had recommended that the property remain zoned as R-2 (Mixed Residential).

 

            Motion was made by Mr. Brame and seconded by Mrs. Griffin that the recommendation of the Planning and Zoning Board be upheld with respect to ST03-003-06 and to reclassify the properties on L. Ogea Road in Ward Three which were currently zoned R-2 (Mixed Residential) to R-1 (Single Family Residential).

 

            Ms. Dianne Menard, 3503 L. Ogea Road, Lake Charles, appeared before the Police Jury in support of the rezoning and stated that she and her husband had purchased their property in 1983. Ms. Menard stated that they had hopes of progress and development when they purchased it and anticipated that the more rural areas would become restricted as south Lake Charles grew. She further stated that although her neighborhood was not as well kept as it used to be, she could not be blamed for taking steps to try and make her property something to be proud of. Ms. Menard pointed out that she had not opposed the last rezoning request in her area to accommodate three double-wide manufactured homes after Hurricane Rita, but she felt the ratio was such that she needed to oppose the current request. Ms. Menard concluded by asking the jurors to take into consideration her concerns about what would happen to property values on her road.

 

            Ms. Cathy Kleinschmidt, 3591 L. Ogea Road, Lake Charles, appeared before the Police Jury and stated that her late husband had purchased their property in 1980. She asked that the Police Jury affirm the decision of the Planning and Zoning Board to rezone the property.

 

            Ms. Jill Portie, 25404 Highway 383, Kinder, appeared before the Police Jury on behalf of the Portie family of Cameron Parish (John Edward Portie, Kristi Portie Richard, Kendal J. Portie, Kaylan Portie Picou, Keith E. Portie, Glynn Q. Portie, E. Kim Richard, Myron D. Picou, and Anjanette V. Portie). Ms. Portie stated that members of her husband’s family had lost everything during Hurricane Rita and were still in mitigation with their insurance companies for settlements. Ms. Portie advised that rebuilding in Cameron Parish was not feasible because of the new building codes and other requirements, and that the property on L. Ogea Road was the only land they owned on which they could put temporary housing until they could afford to move back to Cameron Parish or build a home on L. Ogea Road.

 

            Ms. Portie stated that the last thing they wanted to do was devalue someone else’s property. She advised that the family had received numerous offers to purchase this property on L. Ogea Road but that it was land that had been handed down from generation to generation. Ms. Portie assured the jurors that her family had no intention of building a mobile home park, and that only positive changes had taken place on their property since the hurricane insofar as getting it cleaned up. Ms. Portie stated that her family was simply asking the Police Jury to help these hardworking families from Cameron Parish in a fresh start of rebuilding their lives.

 

            Ms. Portie pointed out that none of the Portie families had lived in mobile homes prior to Hurricane Rita and did not want to remain in mobile homes but that for now, it was the only thing they could do until they could get back to Cameron.

 

            Mr. Brame stated that while he sympathized with the plight of the Cameron residents, the people who currently lived on L. Ogea Road were just trying to protect their property values, and there were quite a few people who were against another mobile home on this road.

 

            Ms. Portie pointed out that if the rezoning was approved, it would only affect the Portie family, since they were the only landowners who did not have a house on their property.

 

            In answer to a question by Mrs. Griffin, Mr. Vickers explained that while there might come a time in the future that the subject area would need to be rezoned to R-1, he felt that in light of the critical housing shortage in the Parish, the timing was just not right and that rezoning would cause undue hardship for this family from Cameron Parish who desperately needed housing.