July 19, 2007
Lake Charles, Louisiana
The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Thursday, July 19, 2007, in the Police Jury Meeting Room of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with The Honorable Chris E. Landry, President, presiding, and the following members present:
Mesdames Elizabeth Conway Griffin and Sandra J. “Sandy” Treme; and Messrs. Francis Andrepont, Guy Brame, Brent Clement, Calvin Collins, Michael E. Danahay, Tony Guillory, Don Manuel, Hal McMillin, Cornelius “Cornie” Moon, and Tony Stelly
Absent: Messrs. Kevin Guidry and Charles S. Mackey, D.D.S. (both out of town)
Also present were Mr. S. Mark McMurry, Parish Administrator; Mr. Bryan Beam, Assistant Parish Administrator; Mrs. Cheryl Heisser, Director of Human Resources; Mr. Jerry Milner, Director of Finance; Mr. Claude Smart, Parish Engineer; Mr. Allen L. Smith, Jr., of the firm of Plauche, Smith and Nieset, General Counsel; Ms. Kathy P. Smith, Recording Secretary; Mr. Gerry Trahan, Director of Facilities Management; Mr. Jim Vickers, Director of Planning and Development; and Mr. Randy Vincent, Director of the Office of Community Services.
President Landry called the meeting to order. The invocation was pronounced by Mrs. Griffin which was followed by the Pledge of Allegiance led by Mr. Danahay. The roll was called with the result being as outlined above.
President Landry 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 silenced so they would not interrupt the meeting.
President Landry and Mr. McMillin presented Certificates of Recognition and for those from Ireland, Honorary Citizenship, to the following individuals for their participation in the Lake Area Ulster Project: Honorary Citizens – Benjamin Knox, Clara McDermott, and Adele Sampson; Certificates of Recognition – Houston Baudoin, Catherine Johnson, Brent Borill, Renee Glorioso, Paula Johnson, and Laura McDonald.
Mr. McMillin advised that the Ulster Project began in the United States in 1975 through coordination of Father Kerry Waterstone from the Church of Ireland in an effort to promote peace, tolerance, and understanding between Irish Catholics and Protestants. Ms. Sampson added that the Ulster Project aimed to bring together teens from both religions and different backgrounds to provide a mutual environment for them to learn how to get along together. She thanked the Police Jury for its help and support.
President Landry advised that a presentation would be received at this time, as requested by Mr. Brame, from Mr. Kevin Mullen, Director of Recreation District No. One of Ward Three, with reference to ongoing and upcoming projects in the District.
Mr. Mullen reported that in December (2007), there would be a groundbreaking for a new 40,000 square foot addition to the Lake Charles Multi-Sports Complex on Highway 14 which would include basketball courts, an exercise room, an enclosed walking court, etc., and it was anticipated that this addition would be completed by January of 2009. Mr. Mullen stated that the District’s facilities on Lake Street behind Lake Charles Regional Airport included a brand new gymnasium, regulation basketball court, activities rooms, and locker rooms, and that the renovations of the baseball and softball fields had been completed in the Spring of 2006.
Mr. Mullen advised that one of the Board’s goals was to have facilities and programs throughout the recreation district, for example, the Lake Street complex served south Lake Charles. He advised that the Price Miller Recreation Center which was completed in January of 2007 served the north Lake Charles area and included a regulation basketball court, activities rooms, and an indoor walking track. Mr. Mullen stated that great success had been achieved with the programs offered at this complex in getting kids off the streets and giving them something positive to do, one of the most successful programs being the midnight basketball program.
In answer to a question by Mr. Guillory, Mr. Mullen stated that the District was working with the Foreman-Reynaud YMCA civic group in a $600,000 renovation project which was about 35% complete and that the District had handled all of the recreational aspects of the YMCA summer camp.
Mr. Kip Texada, Assistant Director of the District, appeared before the Police Jury and outlined some of the programs offered at the District’s facilities such as group yoga, arts and crafts, quilting, senior basketball, buddy ball soccer, etc.
President Landry stated that before the Police Jury went to the next item of business on the agenda, he wanted to move agenda item numbered 14 up, explaining that Mr. Vickers had received a letter asking that action thereon be deferred for thirty days.
In conjunction therewith, motion was made by Mr. Danahay and seconded by Mrs. Treme that the recommendation of the Planning and Zoning Board be upheld with respect to RZ04-021-07 [a request by Renoir Acres Limited Partnership I and II to rezone from A-1 (Agricultural) and I-1 (Light Industrial) to R-1 (Single Family Residential) and C-1 (Light Commercial) to allow a single-family residential subdivision and commercial development (two daycares and two community centers) on South Beglis Parkway in Ward Four, Police Jury District 15] and that the request to rezone be denied. [The Planning and Zoning Board met on Tuesday, July 17, 2007, and voted five (against) to four (for) to recommend that the request be denied. The Staff recommended 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 security lighting be installed upon completion of commercial buildings; and (3) that a landscaping plan must be submitted and approved by the Division of Planning and Development and that the landscaping must be installed upon completion of the commercial buildings.]
In answer to a question by President Landry, Mr. Allen L. Smith, Jr., General Counsel, stated that although there was a suggestion to defer action, a motion had been made by Mr. Danahay and properly seconded to uphold the recommendation of the Planning and Zoning Board, and his motion needed to be acted on at this time.
Mr. McMillin stated that his concern was that if the applicant thought this matter was going to be deferred, they might not have come to the meeting.
President Landry asked if both parties were present with regard to this item, and Mr. Vickers advised that they were.
Mr. Will Belton, 12343 Molly Lee Drive, Baton Rouge, appeared before the Police Jury and stated that on or about April, 2006, his company received a letter from the Parish indicating that the company’s proposed development fit into the long-term recovery program, and forty acres had been purchased on which 120 homes would be built. Mr. Belton stated that they had met with the homeowners in the subdivision who were concerned with some of the issues surrounding the development. He further stated that it was his understanding that 90% of the property was already zoned for the intended purpose, however, 10% of it was zoned industrial and that was the portion for which they were applying for rezoning.
Mr. Belton pointed out that the Planning and Zoning Board had voted to recommend that the request to rezone be denied but that there had been little opposition to the project itself other than traffic-related issues. He stated that a traffic study had been done which indicated approximately 2,500 cars per day which he said was far under the capacity. Mr. Belton stated that he thought there were some safety issues that had to be addressed.
Mr. Guillory asked if Mr. Belton had another project and asked how far it was from the proposed project, to which Mr. Belton stated that he had a very similar project in the City of Sulphur which had been supported by the Sulphur City Council.
Mr. Belton advised that the proposed subdivision would include two day care centers which would serve families in the area, not just the subdivision, as well as other amenities such as a business center, two clubhouses, and playgrounds. He further advised that the cost of houses in the subdivision would start at $160,000, and he disagreed with the Planning and Zoning Board’s contention that moderate home ownership opportunities should not be allowed across the street from houses that cost twice that much.
In answer to further questioning by Mr. Guillory, Mr. Belton stated that his company also owned Peppermill Apartments located next to the proposed subdivision but that the latter would not be for low-income residents and would require a purchaser to have a $35,000+ annual salary.
In answer to questions by Mr. Stelly and Mr. Manuel, Mr. Belton explained that a cooperative homeowners association would be formed right after the houses were constructed, and the purchaser could build equity from the date of purchase, however, deeds could not be transferred for fifteen years. Mr. Belton further explained that a purchaser would be buying into the partnership that owned the entire development, and they would accrue equity which they could recoup in the event they sold their house. Mr. Belton stated that this method was designed for people who could not afford a big down payment and that part of this recovery program, partially funded by Gulf Opportunity Zone Act (Go Zone) funding, was a requirement for his company to hold onto the property for fifteen years.
Discussion was held on the types of houses to be constructed, property insurance and taxes, maintenance, sewage disposal, method of financing, etc.
Mr. Danahay stated that traffic safety was a great concern and asked if the study previously referred to by Mr. Belton had been a recent one. Mr. Belton stated that it had been done within the past 30 days and had indicated a total of approximately 2,500 vehicles between the hours of 7:00 a.m. and 6:00 p.m.
Mr. Belton also stated that the proposed development was not a low-income subdivision but instead was mixed-income. He further stated that the Police Jury would be taking action to address the housing needs in the Parish, particularly for those people who had been affected by the hurricanes.
Mr. Ed Dawdy, 3201 Queen Circle, Sulphur, appeared before the Police Jury and stated that the residents of Kingswood Subdivision did not have a problem with the clientele Mr. Belton was trying to build for but that they were very concerned about the increased traffic and overpopulating of the area. Mr. Dawdy pointed out that Beglis Parkway was a major evacuation route and with reference to the traffic study referred to by Mr. Belton, he stated that the traffic started at 6:00 a.m., not 7:00 a.m.
Mr. Dawdy also stated that the school buses were stopping on Beglis Parkway to pick up children who lived in the Peppermill Apartments, and he had encouraged Mr. Belton to see if the School Board could send the buses into the subdivision, because it was so unsafe for them to be stopping on such a busy highway. Mr. Dawdy stated that if the rezoning request was approved, Mr. Belton needed to look at providing additional access to the south and also to the north to connect with Patton Street to improve traffic flow. In addition, Mr. Dawdy expressed concerns about the manner of financing in that an elderly couple in particular could not wait 15 years to own a house.
Mr. McMillin stated that he would like to see a compromise reached due to the need for housing in the Parish, and he felt this was a much-needed project. Mr. McMillin further stated that he thought the issue of the exit roads could be worked into the project and that a compromise could be reached on school bus safety. Mr. McMillin stated that he did not think a good project should be shut down because of traffic concerns. He pointed out that there was a buffer between Kingswood Subdivision and the proposed development and that said development should not affect the subdivision that much.
Mr. Dawdy responded by saying that he never indicated it would affect the inside of his subdivision but instead was talking about the entrances and exits to the subdivision and the safety for the whole area, as well as people going to and from work every day. Mr. Dawdy pointed out that the traffic was so heavy that Sheriff’s Department deputies were directing traffic on Beglis Parkway after shift changes (at the plants).
Mr. McMillin stated that he thought there were means to handle the traffic and that the people from Cameron and Hackberry (who had lost their homes as a result of Hurricane Rita) needed a place to live.
Mr. Dave Kirby, 3324 Red Maple Lane, Sulphur, appeared before the Police Jury representing Inwood Forest Subdivision and stated that he would like to see the proposed subdivision in his neighborhood but that he did not know who would have to die for that to happen. Mr. Kirby stated that now was the time to address the traffic and safety issues and that he had a fear that if the traffic was left to take care of itself, somebody was going to pay a terrible price for that.
Mr. Derrick Cooper, 3704 Piney Point, Carlyss, appeared before the Police Jury and stated that he was concerned that the proposed subdivision would bring property values down. He further stated that the government had not given him any money to build his house, and he did not want to see the subdivision built.
A brief discussion was held regarding traffic and safety issues which had arisen with the construction of houses in Graywood Estates in south Ward Three, as well as problems residents were facing who lived off of Nelson Road.
Mrs. Griffin asked how the proposed development would affect the area in reference to jobs and employment, indicating that it was her understanding that the local Union was in favor of the project. Mr. Belton responded by saying that local workers would be utilized and that the project represented an investment of $40 million in the community.
Mr. McMillin asked if other exits from the subdivision could be provided (other than Beglis Parkway). Mr. Belton advised that they would provide two entrances and exits through the property fronting on Beglis Parkway and with reference to Mr. Dawdy’s suggestion to go through Mosswood Road, Mr. Belton stated that he did not have any right-of-way across that property. Mr. Belton also stated that he had not explored the option of going back toward the bayou. He further stated that his company had satisfied the requirements of the new building and fire codes, and he felt they could satisfy the requirements of the State and the Fire Department.
Mr. McMillin pointed out that the Planning and Zoning Board had voted to deny the request to rezone, and he asked what the staff had recommended. Mr. Vickers responded by saying that the staff had recommended 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 security lighting be installed upon completion of commercial buildings; and (3) that a landscaping plan must be submitted and approved by the Division of Planning and Development and that the landscaping must be installed upon completion of the commercial buildings. Mr. Vickers stated that there was an unquestionable need in the Parish for affordable housing as evidenced by the number of people still in FEMA trailers, e.g., Crying Eagle Park.
President Landry advised that at this time each side would be allowed two minutes for rebuttal. With regard to the statement made earlier in the meeting concerning a fear that property values would decline, Mr. Belton stated that this had been a concern in 1999 when Peppermill Apartments was proposed but that the apartments had been completed, and there had been no negative impact. He also stated that the proposed subdivision would accommodate not only low-to-moderate income residents but beyond. Mr. Bellard advised that his company wanted to make the area a better community so that their properties would sustain their values. He stated that he would stand on his company’s reputation and performance.
Mr. Kirby stated again that the traffic issue was the main concern for him and the residents of the adjoining subdivision and that he did not trust the results of the traffic study done by Mr. Belton. With reference to an earlier discussion about the traffic around the Graywood Estates area, Mr. Kirby pointed out that said area did not have three or four major industries with employees going through shift changes at various times during the day and night. Mr. Kirby stated that the area of the proposed subdivision was growing and that the traffic concerns should be addressed prior to the rezoning of the property.
Mr. Clement asked Mr. Kirby if he was contending that there should be no residential development on Beglis Parkway because of the traffic, to which Mr. Kirby stated that something should be done about it before a development of the size of the proposed subdivision was “dropped into” the existing neighborhood. Mr. Kirby also stated that the only entrance and exit to the proposed subdivision was off of Beglis Parkway and that there were other roads in the proximity which could provide for better ingress and egress.
A roll call vote was taken on the motion on the floor which was to uphold the recommendation of the Planning and Zoning Board with respect to RZ04-021-07 and to deny the request to rezone. The vote thereon was as follows:
YEAS:Mr. Andrepont, Mr. Clement, Mr. Danahay, Mr. Manuel, and Mrs. Treme
NAYS:Mr. Brame, Mr. Collins, Mrs. Griffin, Mr. Guillory, Mr. McMillin, Mr. Moon, and Mr. Stelly
ABSENT:Mr. Guidry and Dr. Mackey
NOT VOTING:President Landry
The vote being five (in favor) to seven (against), President Landry declared the motion as having failed.
Motion was then offered by Mr. Moon, seconded by Mrs. Griffin and carried unanimously that the recommendation of the Planning and Zoning Board be overturned with respect to RZ04-021-07 and that the request to rezone be granted with the following stipulations recommended by the staff of the Division of Planning and Development: (1) that the development adhere to the site plan on file with the Division of Planning and Development; (2) that security lighting be installed upon completion of commercial buildings; and (3) that a landscaping plan must be submitted and approved by the Division of Planning and Development and that the landscaping must be installed upon completion of the commercial buildings.
A roll call vote was taken on the motion on the floor with the following result:
YEAS:Mr. Brame, Mr. Collins, Mrs. Griffin, Mr. Guillory, Mr. Manuel, Mr. McMillin, Mr. Moon, and Mr. Stelly
NAYS:Mr. Andrepont, Mr. Clement, Mr. Danahay, and Mrs. Treme
ABSENT:Mr. Guidry and Dr. Mackey
NOT VOTING:President Landry
The vote being eight (in favor) to four (against), President Landry declared the motion as having carried; whereupon, the following ordinance was adopted:
ORDINANCE NO. 5333
AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Renoir Acres Limited Partnership I and II to rezone from A-1 (Agricultural) and I-1 (Light Industrial) to R-1 (Single Family Residential) and C-1 (Light Commercial) as per attached map to allow a single family residential subdivision and commercial development (2 daycares and 2 community centers), on the property described as: DESCRIPTION OF PHASE I: All that certain tract or parcel of land containing 18.156 acres, more or less, and being situated in the Southwest Quarter of the Northeast Quarter of Section 11, Township 10 South, Range 10 West, in the Southwestern Land District, Louisiana Meridian, Calcasieu Parish, Louisiana, and being more particularly described by metes and bounds as follows; Commencing at the Southwest corner of the Northwest Quarter of the Northeast Quarter of Section 11, Township 10 South, Range 10 West, in the Southwestern Land District, Louisiana Meridian, Calcasieu Parish, Louisiana; thence South 89 degrees 02 minutes 44 seconds East (record) along the South line of Northwest Quarter of the Northeast Quarter, for a distance of 538.17 feet to a set 5/8" iron rod with cap stamped Collins PLS #4390, and the Point of Beginning of herein described tract, being a point on the South line of that 7.784 acre tract to Peppermill Limited Partnership I; thence continue along said line South 89 degrees 02 minutes 44 seconds East, for a distance of 789.38 feet to a set 5/8" iron rod with cap stamped Collins PLS #4390, being North 89 degrees 02 minutes 44 seconds West at a distance of 5.00 feet from a found 5/8" iron rod with cap at the Southeast corner of said 7.784 acre tract and the Northeast Corner of Southwest Quarter of the Northeast Quarter of said Section 11; thence leaving said South line of Northwest Quarter of Northeast Quarter, and run South 01 degree 00 minutes 24 seconds West for a distance of 1002.50 feet to a set 5/8" iron rod with cap stamped Collins PLS #4390; thence North 89 degrees 02 minutes 44 seconds West for a distance of 788.46 feet to a set 5/8" iron rod with cap stamped Collins PLS #4390; thence North 00 degrees 57 minutes 16 seconds East for a distance of 1002.50 feet to the Point of Beginning, containing 18.156 acres, more or less. Being subject to any rights-of-way, easements, servitudes, recorded or unrecorded, visible and invisible. DESCRIPTION OF 80' RIGHT OF WAY FOR PHASE I: All that certain tract or parcel of land containing 0.504 acres, more or less, and being situated in the Southwest Quarter of the Northeast Quarter of Section 11, Township 10 South, Range 10 West, in the Southwestern Land District, Louisiana Meridian, Calcasieu Parish, Louisiana, and being more particularly described by metes and bounds as follows; Commencing at the Southwest corner of the Northwest Quarter of the Northeast Quarter of Section 11, Township 10 South, Range 10 West, in the Southwestern Land District, Louisiana Meridian, Calcasieu Parish, Louisiana; thence South 89 degrees 02 minutes 44 seconds East (record) along the South line of Northwest Quarter of the Northeast Quarter, for a distance of 538.17 feet to a set 5/8" iron rod with cap stamped Collins PLS #4390, on the South line of that 7.784 acre tract to Peppermill Limited Partnership I; thence South 00 degrees 57 minutes 16 seconds West for a distance of 345.00 feet to a set 5/8" iron rod with cap stamped Collins PLS #4390, and the Point of Beginning of herein described right-of-way; thence South 00 degrees 57 minutes 16 seconds West for a distance of 80.00 feet to a set 5/8" iron rod with cap stamped Collins PLS #4390; thence North 89 degrees 02 minutes 44 seconds West for a distance of 274.62 feet to a set 5/8" iron rod with cap stamped Collins PLS #4390, on the West right-of-way line of Louisiana Highway No. 3077 (South Beglis Parkway formerly Arizona Street); thence North 01 degrees 09 minutes 19 seconds East along said right-of-way line for a distance of 80.00 feet to a set 5/8" iron rod with cap stamped Collins PLS #4390; thence leaving said right-of-way line, and run South 89 degrees 02 minutes 44 seconds East for a distance of 274.34 feet to the Point of Beginning, containing 21,958 square feet or 0.504 acres, more or less. DESCRIPTION OF PHASE II: All that certain tract or parcel of land containing 17.251 acres, more or less, and being situated in the Southwest Quarter of the Northeast Quarter, the Northwest Quarter of the Southeast Quarter, and the Northeast Quarter of the Southeast Quarter, all in Section 11, Township 10 South, Range 10 West, in the Southwestern Land District, Louisiana Meridian, Calcasieu Parish, Louisiana, and being more particularly described by metes and bounds as follows; Commencing at a found 5/8" iron rod with cap stamped Collins PLS #4390 at the Southeast corner of the Southwest Quarter of the Northeast Quarter of Section 11, Township 10 South, Range 10 West, in the Southwestern Land District, Louisiana Meridian, Calcasieu Parish, Louisiana; thence South 01 degree 00 minutes 15 seconds West for a distance of 5.00 feet to a a point; thence North 89 degrees 03 minutes 19 seconds West for a distance of of 5.06 feet to a set 5/8" iron rod with cap stamped Collins PLS #4390 and the Point of Beginning of herein described tract; thence South 89 degrees 03 minutes 19 seconds East for a distance of 656.60 feet to a set 5/8 inch iron rod with cap stamped Collins PLS 4390; thence run South 00 degrees 57 minutes 16 seconds West for a distance of 331.39 feet to a set 5/8 inch iron rod with cap stamped Collins PLS 4390; thence North 89 degrees 09 minutes 15 seconds West for a distance of 1523.75 feet to a set 5/8 inch iron rod with cap stamped Collins PLS 4390; thence North 01 degrees 09 minutes 19 seconds East for a distance of 125.00 feet to a set 5/8 inch iron rod with cap stamped Collins PLS 4390; thence South 89 degrees 09 minutes 15 seconds East for a distance of 78.54 feet to a set 5/8 inch iron rod with cap stamped Collins PLS 4390; thence North 00 degrees 57 minutes 16 seconds East for a distance of 540.04 feet to a set 5/8 inch iron rod with cap stamped Collins PLS 4390; thence South 89 degrees 02 minutes 44 seconds East for a distance of 788.46 feet to a set 5/8 inch iron rod with cap stamped Collins PLS 4390; thence South 01 degrees 00 minutes 24 seconds West for a distance of 331.01 feet to the Point of Beginning; Containing an area of 751,444 square feet or 17.251 acres, more or less, and being subject to any right of ways, servitudes or easements, recorded, unrecorded, visible or invisible. DESCRIPTION OF 80' RIGHT OF WAY FOR PHASE II: All that certain tract or parcel of land containing 0.509 acres, more or less, and being situated in the Southwest Quarter of the Northeast Quarter of Section 11, Township 10 South, Range 10 West, in the Southwestern Land District, Louisiana Meridian, Calcasieu Parish, Louisiana, and being more particularly described by metes and bounds as follows; Commencing at a set 5/8" iron rod with cap stamped Collins PLS #4390 at the Southeast corner of the Southwest Quarter of the Northeast Quarter of Section 11, Township 10 South, Range 10 West, in the Southwestern Land District, Louisiana Meridian, Calcasieu Parish, Louisiana; thence South 00 degree 20 minutes 15 seconds West for a distance of 5.00 feet to a point; thence North 89 degrees 03 minutes 19 seconds West for a distance of 5.06 feet to a set 5/8" iron rod with cap stamped Collins PLS #4390; thence North 01 degrees 00 minutes 24 seconds East for a distance of 331.01 feet to a set 5/8" iron rod with cap stamped Collins PLS #4390; thence North 89 degrees 02 minutes 44 seconds West for a distance of 788.46 feet to set 5/8" iron rod with cap stamped Collins PLS #4390; thence South 00 degrees 57 minutes 16 seconds East for a distance of 112.50 feet to a set 5/8 inch iron rod with cap stamped Collins PLS 4390 and the Point of Beginning of herein described tract; thence South 00 degrees 57 minutes 16 seconds West for a distance of 80.00 feet to a set 5/8 inch iron rod with cap stamped Collins PLS 4390; thence North 89 degrees 02 minutes 44 seconds West for a distance of 277.32 feet to a set 5/8 inch iron rod with cap stamped Collins PLS 4390 on the East right of way line of Louisiana Highway 3077, also know as South Beglis Parkway, formerly Arizona Street; thence North 01 degrees 09 minutes 19 seconds East along said East right of way line for a distance of 80.00 feet to a set 5/8 inch iron rod with cap stamped Collins PLS 4390; thence leaving said right of way, run South 89 degrees 02 minutes 44 seconds East for a distance of 277.04 feet to the Point of Beginning, containing 22,174 square feet or 0.509 acres, more or less, and being subject to any right of ways, servitudes or easements, recorded, unrecorded, visible or invisible.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 19th day of July, 2007, 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 Four of this parish:
A-1 (Agricultural) and I-1 (Light Industrial) to R-1 (Single Family Residential) and C-1 (Light Commercial) to allow a single family residential subdivision and commercial development (2 daycares and 2 community centers) with the following stipulations: 1) that the development adhere to the site plan on file with the Division of Planning and Development; 2) that security lighting be installed upon completion of commercial buildings; and 3) that a landscaping plan must be submitted and approved by the Division of Planning and Development, and landscaping must be installed upon completion of the commercial building, son the property described as: DESCRIPTION OF PHASE I: All that certain tract or parcel of land containing 18.156 acres, more or less, and being situated in the Southwest Quarter of the Northeast Quarter of Section 11, Township 10 South, Range 10 West, in the Southwestern Land District, Louisiana Meridian, Calcasieu Parish, Louisiana, and being more particularly described by metes and bounds as follows; Commencing at the Southwest corner of the Northwest Quarter of the Northeast Quarter of Section 11, Township 10 South, Range 10 West, in the Southwestern Land District, Louisiana Meridian, Calcasieu Parish, Louisiana; thence South 89 degrees 02 minutes 44 seconds East (record) along the South line of Northwest Quarter of the Northeast Quarter, for a distance of 538.17 feet to a set 5/8" iron rod with cap stamped Collins PLS #4390, and the Point of Beginning of herein described tract, being a point on the South line of that 7.784 acre tract to Peppermill Limited Partnership I; thence continue along said line South 89 degrees 02 minutes 44 seconds East, for a distance of 789.38 feet to a set 5/8" iron rod with cap stamped Collins PLS #4390, being North 89 degrees 02 minutes 44 seconds West at a distance of 5.00 feet from a found 5/8" iron rod with cap at the Southeast corner of said 7.784 acre tract and the Northeast Corner of Southwest Quarter of the Northeast Quarter of said Section 11; thence leaving said South line of Northwest Quarter of Northeast Quarter, and run South 01 degree 00 minutes 24 seconds West for a distance of 1002.50 feet to a set 5/8" iron rod with cap stamped Collins PLS #4390; thence North 89 degrees 02 minutes 44 seconds West for a distance of 788.46 feet to a set 5/8" iron rod with cap stamped Collins PLS #4390; thence North 00 degrees 57 minutes 16 seconds East for a distance of 1002.50 feet to the Point of Beginning, containing 18.156 acres, more or less. Being subject to any rights-of-way, easements, servitudes, recorded or unrecorded, visible and invisible. DESCRIPTION OF 80' RIGHT OF WAY FOR PHASE I: All that certain tract or parcel of land containing 0.504 acres, more or less, and being situated in the Southwest Quarter of the Northeast Quarter of Section 11, Township 10 South, Range 10 West, in the Southwestern Land District, Louisiana Meridian, Calcasieu Parish, Louisiana, and being more particularly described by metes and bounds as follows; Commencing at the Southwest corner of the Northwest Quarter of the Northeast Quarter of Section 11, Township 10 South, Range 10 West, in the Southwestern Land District, Louisiana Meridian, Calcasieu Parish, Louisiana; thence South 89 degrees 02 minutes 44 seconds East (record) along the South line of Northwest Quarter of the Northeast Quarter, for a distance of 538.17 feet to a set 5/8" iron rod with cap stamped Collins PLS #4390, on the South line of that 7.784 acre tract to Peppermill Limited Partnership I; thence South 00 degrees 57 minutes 16 seconds West for a distance of 345.00 feet to a set 5/8" iron rod with cap stamped Collins PLS #4390, and the Point of Beginning of herein described right-of-way; thence South 00 degrees 57 minutes 16 seconds West for a distance of 80.00 feet to a set 5/8" iron rod with cap stamped Collins PLS #4390; thence North 89 degrees 02 minutes 44 seconds West for a distance of 274.62 feet to a set 5/8" iron rod with cap stamped Collins PLS #4390, on the West right-of-way line of Louisiana Highway No. 3077 (South Beglis Parkway formerly Arizona Street); thence North 01 degrees 09 minutes 19 seconds East along said right-of-way line for a distance of 80.00 feet to a set 5/8" iron rod with cap stamped Collins PLS #4390; thence leaving said right-of-way line, and run South 89 degrees 02 minutes 44 seconds East for a distance of 274.34 feet to the Point of Beginning, containing 21,958 square feet or 0.504 acres, more or less. DESCRIPTION OF PHASE II: All that certain tract or parcel of land containing 17.251 acres, more or less, and being situated in the Southwest Quarter of the Northeast Quarter, the Northwest Quarter of the Southeast Quarter, and the Northeast Quarter of the Southeast Quarter, all in Section 11, Township 10 South, Range 10 West, in the Southwestern Land District, Louisiana Meridian, Calcasieu Parish, Louisiana, and being more particularly described by metes and bounds as follows; Commencing at a found 5/8" iron rod with cap stamped Collins PLS #4390 at the Southeast corner of the Southwest Quarter of the Northeast Quarter of Section 11, Township 10 South, Range 10 West, in the Southwestern Land District, Louisiana Meridian, Calcasieu Parish, Louisiana; thence South 01 degree 00 minutes 15 seconds West for a distance of 5.00 feet to a a point; thence North 89 degrees 03 minutes 19 seconds West for a distance of of 5.06 feet to a set 5/8" iron rod with cap stamped Collins PLS #4390 and the Point of Beginning of herein described tract; thence South 89 degrees 03 minutes 19 seconds East for a distance of 656.60 feet to a set 5/8 inch iron rod with cap stamped Collins PLS 4390; thence run South 00 degrees 57 minutes 16 seconds West for a distance of 331.39 feet to a set 5/8 inch iron rod with cap stamped Collins PLS 4390; thence North 89 degrees 09 minutes 15 seconds West for a distance of 1523.75 feet to a set 5/8 inch iron rod with cap stamped Collins PLS 4390; thence North 01 degrees 09 minutes 19 seconds East for a distance of 125.00 feet to a set 5/8 inch iron rod with cap stamped Collins PLS 4390; thence South 89 degrees 09 minutes 15 seconds East for a distance of 78.54 feet to a set 5/8 inch iron rod with cap stamped Collins PLS 4390; thence North 00 degrees 57 minutes 16 seconds East for a distance of 540.04 feet to a set 5/8 inch iron rod with cap stamped Collins PLS 4390; thence South 89 degrees 02 minutes 44 seconds East for a distance of 788.46 feet to a set 5/8 inch iron rod with cap stamped Collins PLS 4390; thence South 01 degrees 00 minutes 24 seconds West for a distance of 331.01 feet to the Point of Beginning; Containing an area of 751,444 square feet or 17.251 acres, more or less, and being subject to any right of ways, servitudes or easements, recorded, unrecorded, visible or invisible. DESCRIPTION OF 80' RIGHT OF WAY FOR PHASE II: All that certain tract or parcel of land containing 0.509 acres, more or less, and being situated in the Southwest Quarter of the Northeast Quarter of Section 11, Township 10 South, Range 10 West, in the Southwestern Land District, Louisiana Meridian, Calcasieu Parish, Louisiana, and being more particularly described by metes and bounds as follows; Commencing at a set 5/8" iron rod with cap stamped Collins PLS #4390 at the Southeast corner of the Southwest Quarter of the Northeast Quarter of Section 11, Township 10 South, Range 10 West, in the Southwestern Land District, Louisiana Meridian, Calcasieu Parish, Louisiana; thence South 00 degree 20 minutes 15 seconds West for a distance of 5.00 feet to a point; thence North 89 degrees 03 minutes 19 seconds West for a distance of 5.06 feet to a set 5/8" iron rod with cap stamped Collins PLS #4390; thence North 01 degrees 00 minutes 24 seconds East for a distance of 331.01 feet to a set 5/8" iron rod with cap stamped Collins PLS #4390; thence North 89 degrees 02 minutes 44 seconds West for a distance of 788.46 feet to set 5/8" iron rod with cap stamped Collins PLS #4390; thence South 00 degrees 57 minutes 16 seconds East for a distance of 112.50 feet to a set 5/8 inch iron rod with cap stamped Collins PLS 4390 and the Point of Beginning of herein described tract; thence South 00 degrees 57 minutes 16 seconds West for a distance of 80.00 feet to a set 5/8 inch iron rod with cap stamped Collins PLS 4390; thence North 89 degrees 02 minutes 44 seconds West for a distance of 277.32 feet to a set 5/8 inch iron rod with cap stamped Collins PLS 4390 on the East right of way line of Louisiana Highway 3077, also know as South Beglis Parkway, formerly Arizona Street; thence North 01 degrees 09 minutes 19 seconds East along said East right of way line for a distance of 80.00 feet to a set 5/8 inch iron rod with cap stamped Collins PLS 4390; thence leaving said right of way, run South 89 degrees 02 minutes 44 seconds East for a distance of 277.04 feet to the Point of Beginning, containing 22,174 square feet or 0.509 acres, more or less, and being subject to any right of ways, servitudes or easements, recorded, unrecorded, visible or invisible.
Zoning Case RZ04-021-07
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/ Chris E. Landry, President
/s/ S. Mark McMurry, Administrator &
Ex-Officio Secretary
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Motion was made by Mr. Moon, seconded by Mr. Collins and carried unanimously that the following applications for liquor and beer permits be approved:
WARD VIII
Virdee Quick Stop, LLC
Raghvir Singh – Member
SINGH QUICK STOP DELI
2679-B Hwy 397
Lake Charles, LA 70615 Beer 35.00
(Tony Stelly’s District)
Virdee Quick Stop, LLC
Raghvir Singh – Member
SINGH QUICK STOP #1
2679 Hwy 397
Lake Charles, LA 70615 Liquor & Beer – Pkg. 75.00
(Tony Stelly’s District)
TOTAL REMITTANCE: 110.00
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Upon motion made by Mr. Andrepont, which was duly seconded by Mrs. Griffin and carried unanimously, the minutes of the Regular Meeting of the Police Jury dated June 21, 2007, were approved, and the reading of same was dispensed with.
President Landry advised that action was needed on RZ04-017-07 which was a request by RD Leasing Company, Inc., to rezone from A-1 (Agricultural) to C-2 (General Commercial) and R-MHP (Manufactured Home Park) to allow commercial development (motel) and manufactured home park on Highway 27 in Ward Four, Police Jury District 12 (Mr. Clement’s district). President Landry further advised that the Planning and Zoning Board had met on Tuesday, July 17, 2007, 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 zoning approval is contingent upon DOTD highway access approval; (3) that a six-foot wood privacy fence must be installed along the south 450' of the west property line of the proposed recreational vehicle park prior to issuance of occupational license; (4) that all parking must be hardsurfaced (concrete or asphalt); and (5) that a landscaping plan must be submitted and approved by the Division of Planning and Development, and landscaping must be installed prior to issuance of occupational license.
It was moved by Mr. Danahay, seconded by Mr. Clement and carried unanimously to uphold the recommendation of the Planning and Zoning Board with respect to RZ04-017-07 and to grant the request to rezone with the stipulations outlined by said Board; whereupon, the following ordinance was adopted:
ORDINANCE NO. 5334
AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by RD Leasing Company, Inc. to rezone from A-1 (Agricultural) to C-2 (General Commercial) and R-MHP (Manufactured Home Park) as per attached map to allow commercial development (motel) and manufactured home park on the property described as: Com at the NE cor of the NW/4 of NE/4 of Section 22; thence S 01 degs 03’ 06” W along the E line of said NW/4 of the NE/4 for a distance of 1309.57 feet, the pob of herein described tract; Thence continue S 01 degs 03’ 06” W for a distance of 188.49 feet; thence N 88 degs 56’ 58” W for a distance of 1282.33 feet to the E right of way line of LA Hwy. 27; thence N 01 degs 05’ 06” E along said E right of way line for a distance of 415.84 feet; thence S 89 degs 18’ 19” E for a distance of 1108.20 feet to the center line of an existing drainage ditch; thence S 35 degs 32’ 34” E along said center line for a distance of 291.73 feet to the pob; together with all improvement situated thereon; herein described tract containing 11.89 acres m/l and subject to any right of way, servitudes and/or easements of record or by use. Com 878.70 feet S and 50.00 feet E of the NW cor of the NW/4 of the NE/4 of S22, T10S, R10W, Calcasieu Parish, Louisiana; thence E 960.25 feet, m/l, to the center line of an existing drainage ditch; thence Southeasterly along said center line for a distance of 247.96 feet; thence W for a distance of 1108.20 feet, m/l, to a point 50.00 feet E of the E line of said NW/4 of NE/4; thence N 200.00 feet to the poc, together with all improvements situated herein described tract containing 4.75 acres m/l. And Com 778.73 feet S and 300.00 feet E of the NW cor of the NW/4 of the NE/4 of S22, T10S, R10W, Calcasieu Parish, Louisiana; thence N 380.00 feet; thence W 61.30 feet; thence N 208.70 feet; thence E 102.30 feet; thence N 116.70 feet to the S right of way line of LA Hwy. 108; thence E along said S right of way for a distance of 73.91 feet to the center of an existing drainage ditch; thence SE along the centerline of the drainage ditch for a distance of 874.54 feet; thence W 636.69 feet to the poc, together with all improvements situated thereon; herein described tract containing 6.26 acres m/l. And Com 778.70 feet S and 50.00 feet E of the NW cor of the NW/4 of the NE/4 of S22, T10S, R10W, Calcasieu Parish, Louisiana; thence E 886.28 feet, m/l to the center line of an existing drainage ditch; thence Southeasterly along said center line for a distance of 123.98 feet; thence W for a distance of 960.25 feet, m/l, to a point 50.00 feet E of the E line of said NW/4 of NE/4; thence N 100.00 feet to the poc, together with all improvements situated thereon; herein described tract containing 2.12 acres, m/l. Less and except: com 778.73 feet S and 300 feet E of the NW cor of the NW/4 of the NE/4 of S22, T10S, R10W; thence E 550 feet; thence N 380 feet; thence W approximately 250 feet thence S 130 feet; thence W 250 feet; thence S 250 feet to the poc. Less and except: Com 1,494.54 feet S and 30 feet E of the NW cor of the NW/4 of the NE/4 of S22, T10S, R10W; thence E approximately 278.6’; thence N approximately 450’; thence W approximately 278.6’; thence S approximately 450’ to the poc.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 19th day of July, 2007, 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 Four of this parish:
From A-1 (Agricultural) to C-2 (General Commercial) and R-MHP (Manufactured Home Park) to allow commercial development (motel) and manufactured home park with the following stipulations: 1) that the development adhere to the site plan on file with the Division of Planning and Development; 2) that zoning approval is contingent upon DOTD highway access approval; 3) that a 6’ wood privacy fence must be installed along the south 450’ of the west property line of the proposed recreational vehicle park prior to issuance of occupational license; 4) that all parking must be hardsurfaced (concrete or asphalt); and 5) that a landscaping plan must be submitted and approved by the Division of Planning and Development, and landscaping must be installed prior to issuance of an occupational license, on the property described as: Com at the NE cor of the NW/4 of NE/4 of Section 22; thence S 01 degs 03’ 06” W along the E line of said NW/4 of the NE/4 for a distance of 1309.57 feet, the pob of herein described tract; Thence continue S 01 degs 03’ 06” W for a distance of 188.49 feet; thence N 88 degs 56’ 58” W for a distance of 1282.33 feet to the E right of way line of LA Hwy. 27; thence N 01 degs 05’ 06” E along said E right of way line for a distance of 415.84 feet; thence S 89 degs 18’ 19” E for a distance of 1108.20 feet to the center line of an existing drainage ditch; thence S 35 degs 32’ 34” E along said center line for a distance of 291.73 feet to the pob; together with all improvement situated thereon; herein described tract containing 11.89 acres m/l and subject to any right of way, servitudes and/or easements of record or by use. Com 878.70 feet S and 50.00 feet E of the NW cor of the NW/4 of the NE/4 of S22, T10S, R10W, Calcasieu Parish, Louisiana; thence E 960.25 feet, m/l, to the center line of an existing drainage ditch; thence Southeasterly along said center line for a distance of 247.96 feet; thence W for a distance of 1108.20 feet, m/l, to a point 50.00 feet E of the E line of said NW/4 of NE/4; thence N 200.00 feet to the poc, together with all improvements situated herein described tract containing 4.75 acres m/l. And Com 778.73 feet S and 300.00 feet E of the NW cor of the NW/4 of the NE/4 of S22, T10S, R10W, Calcasieu Parish, Louisiana; thence N 380.00 feet; thence W 61.30 feet; thence N 208.70 feet; thence E 102.30 feet; thence N 116.70 feet to the S right of way line of LA Hwy. 108; thence E along said S right of way for a distance of 73.91 feet to the center of an existing drainage ditch; thence SE along the centerline of the drainage ditch for a distance of 874.54 feet; thence W 636.69 feet to the poc, together with all improvements situated thereon; herein described tract containing 6.26 acres m/l. And Com 778.70 feet S and 50.00 feet E of the NW cor of the NW/4 of the NE/4 of S22, T10S, R10W, Calcasieu Parish, Louisiana; thence E 886.28 feet, m/l to the center line of an existing drainage ditch; thence Southeasterly along said center line for a distance of 123.98 feet; thence W for a distance of 960.25 feet, m/l, to a point 50.00 feet E of the E line of said NW/4 of NE/4; thence N 100.00 feet to the poc, together with all improvements situated thereon; herein described tract containing 2.12 acres, m/l. Less and except: com 778.73 feet S and 300 feet E of the NW cor of the NW/4 of the NE/4 of S22, T10S, R10W; thence E 550 feet; thence N 380 feet; thence W approximately 250 feet thence S 130 feet; thence W 250 feet; thence S 250 feet to the poc. Less and except: Com 1,494.54 feet S and 30 feet E of the NW cor of the NW/4 of the NE/4 of S22, T10S, R10W; thence E approximately 278.6’; thence N approximately 450’; thence W approximately 278.6’; thence S approximately 450’ to the poc.
Zoning Case RZ04-017-07
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/ Chris E. Landry, President
/s/ S. Mark McMurry, Administrator &
Ex-Officio Secretary
* * * * * * * * * * * *
President Landry advised that action was needed on EA01-001-07 which was a request by Mark and Shelia Cowart for a drainage easement abandonment off of Quail Ridge Road in Ward One, Police Jury District 1 (Mr. Manuel’s district). He further advised that the Planning and Zoning Board had met on Tuesday, July 17, 2007, and voted unanimously to recommend that the request be granted.
Motion was made by Mr. Andrepont, seconded by Mrs. Griffin and carried unanimously that the recommendation of the Planning and Zoning Board with respect to EA01-001-07 be upheld and that the request for abandonment be granted; whereupon, the following resolution was adopted:
RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 19th day of July, 2007, that it does hereby abandon a drainage easement located off of Quail Ridge Road in Ward One of Calcasieu Parish, Louisiana, as requested by Mark and Shelia Cowart, and recommended by the Calcasieu Parish Planning and Zoning Board, on the property described as:
Lot 22 and Lot 23 of Quail Ridge Subdivision as per plat recorded in Plat Book 27, Page 68, records of Calcasieu Parish, Louisiana.
Easement Abandonment Case EA01-001-07
THUS PASSED AND ADOPTED on the date above inscribed.
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President Landry advised that action was needed on RZ01-020-07 which was a request by Aaron Champagne to rezone from C-1 (Light Commercial) to R-M (Multi Family Residential) to allow multi-family development (four duplexes) at 583 North Perkins Ferry Road in Ward One, Police Jury District 1 (Mr. Manuel’s district). President Landry further advised that the Planning and Zoning Board had met on Tuesday, July 17, 2007, 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 Planing and Development; (2) that a centralized postal-approved mailbox must be provided upon completion of development; (3) that a six-foot wood privacy fence must be installed along the north, south, and west property lines upon completion of the first duplex; (4) that the development be limited to four duplexes only; and (5) that a landscape plan must be submitted and approved by the Division of Planning and Development for the area along the east side of the duplexes prior to permit issuance, and landscaping must be installed upon completion of the first duplex.
Motion was made by Mr. Manuel, seconded by Mr. McMillin and carried unanimously that the recommendation of the Planning and Zoning Board be upheld with respect to RZ01-020-07 and that the request to rezone be granted with the stipulations outlined by said Board; whereupon, the following ordinance was adopted:
ORDINANCE NO. 5335
AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Aaron Champagne to rezone from C-1 (Light Commercial) to R-M (Multi Family Residential) to allow multi family development (four duplexes) on the property described as: Com 1942 feet (measure 1950 feet) S and 30 feet W of the NE cor of S1, T9S, R9W, thence W 250 feet; thence S 200 feet to N right of way line of Pinewood Road, thence E 250 feet to west right of way line of N. Perkins Ferry Road, thence N 200 feet to commencement.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 19th day of July, 2007, 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-M (Multi Family Residential) to allow multi family development (four duplexes) 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 centralized, postal-approved mailbox must be provided upon completion of development; 3) that a 6’ wood privacy fence must be installed along the north, south, and west property lines upon completion of the first duplex; 4) that the development be limited to four duplexes only; and 5) that a landscape plan must be submitted and approved by the Division of Planning and Development for the area along the east side of the duplexes prior to permit issuance, and landscaping must be installed upon completion of the first duplex, on the property described as: Com 1942 feet (measure 1950 feet) S and 30 feet W of the NE cor of S1, T9S, R9W, thence W 250 feet; thence S 200 feet to N right of way line of Pinewood Road, thence E 250 feet to west right of way line of N. Perkins Ferry Road, thence N 200 feet to commencement.
Zoning Case RZ01-020-07
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/ Chris E. Landry, President
/s/ S. Mark McMurry, Administrator &
Ex-Officio Secretary
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President Landry advised that action was needed on RZ01-018-07 which was a request by Julian Bruce and B. Lee Bruce to rezone from I-1 (Light Industrial) and I-2 (Heavy Industrial) to R-MHP (Manufactured Home Park) to allow a manufactured home park (25 spaces) on Highway 171 North in Ward One, Police Jury District 2 (Mr. Collins’ district). He further advised that the Planning and Zoning Board had met on Tuesday, July 17, 2007, and voted five (for) to four (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 must be hardsurfaced (concrete or asphalt), (3) that a six (6) foot wood privacy fence must be installed along the north and west property lines prior to obtaining an occupational license, and (4) that a centralized, postal-approved mailbox must be provided prior to issuance of an occupational license.
Motion was made by Mr. Collins and seconded by Mrs. Griffin to overturn the recommendation of the Planning and Zoning Board with respect to RZ01-018-07 and to deny the request to rezone.
Mr. Julian Bruce (the applicant), 4000 J. Bruce Road, Moss Bluff, appeared before the Police Jury and stated that at the present time, he had a mobile home park on Highway 171 North by the skating rink. He explained that he owned all the units in the park and at the current time he had 11 FEMA units. Mr. Bruce stated that the second phase of this park had been to put 12 more spaces, and then 12 more, but that after Hurricane Katrina, FEMA wanted to lease those 12 spaces to which he agreed to a two-year contract. Mr. Bruce advised that he was not going to renew the contract, and FEMA would remove the 11 FEMA units in the park but that he had mobile homes to put in those spaces being vacated by FEMA.
Mr. Bruce stated that almost everyone in the park were residents of Cameron Parish and that a lot of people rented from him. Mr. Bruce advised that he received three to five calls daily from people wanting to rent his mobile homes and that it was quick and affordable housing.
Mr. Bruce stated that what he wanted to do was establish a similar mobile home park approximately one and one-half miles north of his existing site, on a five-acre tract he owned, with one acre to be used to store construction equipment and the remaining four acres for another small park. He advised that there was nothing but a rice farm and cattle on the property to the east.
Mr. Bruce pointed out that by owning the units himself, he could control who rented them and that it had only become necessary one time to evict someone from the FEMA units. He stated that he had agreed to the stipulations of the Planning and Zoning Board, including a privacy fence on the north side between the park and Custom Lighting and a privacy fence on the west side which would block the view of the park from the residents of the subdivision on Cob Circle across Highway 171. With respect to said subdivision, Mr. Bruce pointed out that there was a mobile home at the entrance to the subdivision, and he stated that there should not be any traffic problems with people getting on or off of Highway 171.
Mr. Bruce further stated that currently the school children in the mobile home parks on Highway 171 walk to said highway to catch the school bus but that he had told the schools that the buses could pull into the proposed park and make a circle to pick up children at a shed which he planned to construct. Mr. Bruce stated that this would be easier for the school system as well as for the fire department.
Mr. Bruce explained that in just three months, he could have the park ready for rental, with its own sewer plant, water system, and fire hydrants. He further explained that he would probably have asphalt roads in the park due to the high cost of concrete at the current time.
Mr. Manuel stated that he had heard the park would have FEMA trailers, to which Mr. Bruce advised that all of the FEMA trailers were gradually being removed by FEMA. Mr. Manuel stated that even with the FEMA units, it was still a neat and well-kept park. He also stated that his concern about the school buses had been addressed by Mr. Bruce.
Mr. Clement asked about the size of mobile homes projected to be placed in the proposed park, and he asked if FEMA trailers would be placed there. Mr. Bruce stated that he did not intend to have FEMA trailers but that if another hurricane hit, and his park was complete enough, he would probably let them in, because they needed a place to live and had nowhere to go, and he felt this was the right thing to do. Mr. Bruce stated that at the Planning and Zoning Board meeting, someone had said that FEMA trailers were ugly, built shoddy, etc., but he felt if that person’s house had been blown away, he might be delighted to have a FEMA trailer.
With respect to Mr. Clement’s question about the size of the mobile homes projected to be placed in the proposed park, Mr. Bruce stated that he put nothing but skirted 16' by 80' mobile homes with three bedrooms and two baths which was the average size for a family, and that most of them had vinyl siding and a shingled roof.
Mr. McMillin asked if there was sufficient room at the back of the mobile home park for a fire truck in the event a fire broke out in the park, and Mr. Bruce advised that the road would be 20 feet in width with approximately 15 to 20 feet between the mobile homes.
In answer to a question by Mr. Andrepont, Mr. Vickers stated that the Division of Planning and Development had recommended that the request be granted due to the fact that there was still a great need for housing in the Parish as a result of Hurricane Rita.
Mr. Joe Zartler, 327 Cob Circle, Moss Bluff, appeared before the Police Jury in opposition to the request to rezone. He stated that the mobile home which Mr. Bruce referred to earlier at the corner of Cob Circle and Highway 171 was not in the subdivision. Mr. Zartler further stated that he had quite a few concerns, the first being that the acreage of Mr. Bruce’s property was about 5.5 acres and if 4.8 acres were being used for the mobile home park, that left an area approximately 150' by 120' which would remain zoned as industrial. Mr. Zartler stated that meant that all of the heavy equipment on the 5.5 acres was going to be stored on a little corner on Highway 171. He pointed out that in early July and at Christmas, there was a fireworks stand on Mr. Bruce’s property, and he asked if that would remain.
Mr. Zartler advised that he had visited the School Board office on this date and was told they did not intend to drive school buses into the proposed park. Mr. Zartler stated that the speed limit on this section of Highway 171 was 65 mph and that if he had any school-aged children, he would not want them on that highway.
Mr. Zartler stated that he and his neighbors had a major problem as far as property values because of unsightly things around them that were not being taken care of, and he felt the proposed park would add to the problem. Mr. Zartler advised that he had built his house 10 years ago, and it had been valued at $200,000, but that at the current time it was valued at $150,000. He stated that there were properties on nearby Phil’s Lane that were not being maintained and that the mobile home park which Mr. Bruce currently had was not kept in the most appealing manner.
President Landry interrupted Mr. Zartler and asked him to refrain from making personal remarks.
Mr. Zartler stated that he did not think there was adequate room for a fire truck to get into the park to fight a fire if one broke out but that his main concerns were (1) the piece of property being left as originally zoned (industrial), and (2) further devaluation of property values in the area of the proposed park.
Mr. Keith Ryder, 4849 Hickory Branch Road, Moss Bluff, appeared before the Police Jury and prefaced his remarks by commenting that he did not mean anything he would say as a personal attack on Mr. Bruce, that he found him to be a fine, upstanding individual, and he had never heard anything derogatory about Mr. Bruce. Mr. Ryder stated that when he bought his property on Highway 171 from Goldsmith Farms, he did so to establish his financial resting place as an electrical contractor, either by using it as retirement leasing property or selling it. Mr. Ryder further stated that his main concern was with the rezoning of the property and that he had purchased his property because it was zoned commercial. Mr. Ryder explained that when Mr. Bruce had gotten the zoning changed to light industrial on the piece of property he purchased south of Mr. Ryder’s, that did not hinder him (Mr. Ryder), but four years later Mr. Bruce now wanted to change the zoning to residential.
Mr. Ryder stated it was his understanding that Calcasieu Parish had zoning in place to protect the value of property and property owners nearby, but he did not see how that reason could hold up if someone could change it at any time, and then later on change it again.
Mr. Ryder stated that he was concerned about having invested $300,000 in his property in that he did not feel a mobile home park would enhance its value. He further stated that it had been his intention to have a commercial piece of property but that if he had known it would be so easy to change the zoning to accommodate a mobile home park, he would not have purchased the property. Mr. Ryder advised that he was 52 years old, and he was not going to start over.
Mr. Ryder closed by saying he thought Mr. Bruce kept a nice park and that it was not what Mr. Bruce was proposing to do, it was the fact that zoning for a mobile home park would not help the value of his property, and he would appreciate it if the zoning stayed commercial.
Mr. Brame asked how the proposed rezoning would affect the zoning of Mr. Ryder’s property, to which Mr. Ryder stated it would affect the value of his property and that the main reason he had purchased it was because it was zoned commercial.
Mr. McMillin pointed out that if the rezoning request was approved, there would be a privacy fence between Mr. Ryder’s property and the mobile home park, and Mr. Ryder stated that he understood that.
President Landry stated that the proponents and opponents would at this time offer rebuttal.
Mr. Bruce advised that he would agree to put up whatever type of fence would be sufficient. He pointed out that Mr. Ryder’s property had residential property next to it, and that there was residential zoning on Highway 171 all the way to Gillis. Mr. Bruce stated that it had been necessary for him to have the property rezoned light industrial to be able to park heavy equipment on it but that he had scaled back and was moving away from heavy equipment work. He further stated that he planned to have some equipment on the one acre but that there would also be an office for the construction company and the mobile home park on that acre.
With respect to issues raised regarding fire safety, Mr. Bruce advised that he had put in a bigger line than the water company had asked him to, a six-inch line instead of a four-inch line.
President Landry stated that Mr. Bruce had expended his allotted time for rebuttal.
Mr. McMillin asked if the fireworks stand, as alluded to earlier by Mr. Zartler, would remain on the property, to which Mr. Bruce advised that it was no longer there, that he had allowed a man who was disabled to operate it, but that there would not be room for it anymore (if the rezoning request was granted).
A brief discussion was held on Mr. Bruce’s plan for the safety of the school children riding the bus, and Mrs. Griffin pointed out that this was the School Board’s responsibility.
President Landry asked the opposition for its rebuttal, and Mr. Ryder stated that while he was sympathetic to Mr. Bruce’s desire to provide housing for Cameron Parish residents and others who were still displaced, he felt there had to be a better place to put the mobile home park instead of sandwiched between two pieces of commercial property. Mr. Ryder asked that the Jury leave the zoning as it currently was.
President Landry announced that a request to speak had been received from a Ms. Nancy Durousseau and that even though rebuttal had been completed, he would allow her to address the Police Jury. Ms. Durousseau of 3384 Highway 171 North, Moss Bluff, stated that she had bought the property next to Mr. Ryder’s ten years ago and when she purchased it, she specifically asked if there would be any trailers next to her property, and she was assured there would not be. Ms. Durousseau spoke of the problems she had experienced when she lived next to a park in Westlake with drugs, crime, loud noise, etc., and that was why she purchased property where she would not have to deal with those problems. She stated that the rezoning would devalue her property.
President Landry asked for a roll call vote on the motion on the floor which was to overturn the recommendation of the Planning and Zoning Board with respect to RZ01-018-07 and to deny the request to rezone, and the vote thereon was as follows:
YEAS:Mr. Collins, Mr. Danahay, Mrs. Griffin, and Mrs. Treme
NAYS:Mr. Andrepont, Mr. Brame, Mr. Clement, Mr. Guillory, Mr. Manuel, Mr. McMillin, Mr. Moon, and Mr. Stelly
ABSENT:Mr. Guidry and Dr. Mackey
NOT VOTING:President Landry
The vote being four (for) to eight (against), President Landry declared the motion as having failed.
It was then moved by Mr. Moon, seconded by Mr. Andrepont and carried unanimously to uphold the recommendation of the Planning and Zoning Board with respect to RZ01-018-07 and to grant the request to rezone; whereupon, the following ordinance was adopted:
ORDINANCE NO. 5336
AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Julian Bruce and B. Lee Bruce to rezone from I-1 (Light Industrial) and I-2 (Heavy Industrial) to R-MHP (Manufactured Home Park) to allow a manufactured home park (25 spaces) on the property described as: Com 55.6 feet W and N 0 degs 17’ 02” W 464 feet from the SE cor of the NE/4 of the NE/4 of S20, T8S, R8W, Calcasieu Parish, Louisiana; thence N 0 degs 17’ 02” W 392 feet; thence N 89 degs 25’ 10” W 538.4 feet to the E line of U.S. Hwy. 171; thence S 1 deg 02’ 04” E along said E line 392 feet; thence S 89 degs 25’ 10” E 534.6 feet to the poc less and except a 172’ x 185’ tract out of the NW corner.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 19th day of July, 2007, 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 I-1 (Light Industrial) and I-2 (Heavy Industrial) to R-MHP (Manufactured Home Park) to allow a manufactured home park (25 spaces) 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 must be hardsurfaced (concrete or asphalt); 3) that a six (6) foot wood privacy fence must be installed along the north and west property lines prior to obtaining an occupational license; and 4) that a centralized postal approved mailbox must be provided prior to issuance of an occupational license on the property described as: Com 55.6 feet W and N 0 degs 17’ 02” W 464 feet from the SE cor of the NE/4 of the NE/4 of S20, T8S, R8W, Calcasieu Parish, Louisiana; thence N 0 degs 17’ 02” W 392 feet; thence N 89 degs 25’ 10” W 538.4 feet to the E line of U.S. Hwy. 171; thence S 1 deg 02’ 04” E along said E line 392 feet; thence S 89 degs 25’ 10” E 534.6 feet to the poc less and except a 172’ x 185’ tract out of the NW corner.
Zoning Case RZ01-018-07
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/ Chris E. Landry, President
/s/ S. Mark McMurry, Administrator &
Ex-Officio Secretary
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President Landry advised that no action was necessary on RZ07-019-07 which was a request by Howard and Karen Carrier to rezone from A-1 (Agricultural) to I-2 (Heavy Industrial) to allow heavy industrial development (junk and scrap storage and sales) at 1540 Wright Road in Ward Seven, Police Jury District 11 (Mrs. Treme’s district), due to the fact that said request had been withdrawn.
President Landry advised that action was needed on RA03-001-07 which was a request by William Kent Gossett and Kenneth Wayne Gossett to abandon the portion of Lakeland Street in Ward Three, Police Jury District 6, (Mr. Moon’s district) on the west side of the drainage lateral. He further advised that the Planning and Zoning Board had met on Tuesday, July 17, 2007, and voted unanimously to recommend that the request be granted.
Motion was made by Mr. Moon, seconded by Mrs. Treme and carried unanimously that the recommendation of the Planning and Zoning Board be upheld with respect to RA03-001-07 and that the request to abandon be granted; whereupon, the following resolution was adopted:
RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 19th day of July, 2007, that it does hereby abandon a portion of Lakeland Street, said portion located on the west side of the drainage lateral, in Ward Three of Calcasieu Parish, Louisiana, as requested by William Kent Gossett and Kenneth Wayne Gossett and as recommended by the Calcasieu Parish Planning and Zoning Board, on the property more particularly described as:
40' right of way lying west of the existing drain ditch on Lakeland Road as recorded in Pine Hill Acres #9, Plat Book 19, Page 43, records of Calcasieu Parish, Louisiana.
RA03-001-07
BE IT FURTHER AND FINALLY RESOLVED that the above public right-of-way set forth above is hereby declared officially abandoned with one-half of said abandoned right-of-way reverting to the abutting property owners as prescribed by law.
THUS PASSED AND ADOPTED on the date above inscribed.
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President Landry advised that the next item of business was consideration of rescinding Ordinance No. 4288, Zoning Case No. RZ03-024-01, which was a request by Jewery B. Webb to rezone the property from C-2 (General Commercial) to I-2 (Heavy Industrial), due to cease of business at 101 Carpenter Lane in Ward Three, Police Jury District 2 (Mr. Collins’ district). [On July 19, 2001, the Police Jury approved a request from Jewery B. Webb to rezone from C-2 (General Commercial) to I-2 (Heavy Industrial) to allow a salvage yard, with the stipulation that should the business cease, the I-2 zoning classification was non-transferable, and the property would automatically revert to R-2. On April 19, May 17, and June 21, 2007, the Police Jury deferred action for thirty days.]
It was moved by Mr. Collins, seconded by Mr. Clement and carried unanimously to defer action for thirty days on rescinding Ordinance No. 4288 with respect to Zoning Case No. RZ03-024-01.
President Landry advised that action was needed on adopting an ordinance rescinding Ordinance No. 3409 to revert property from C-2 (General Commercial) to A-1 (Agricultural) due to non-development at 6641 Joe Spears Road in Ward Eight, Police Jury District 10 (Mr. Stelly’s district). [On March 18, 1993, the Police Jury approved a request from Jonell Spears-Lauw to rezone from A-1 (Agricultural) to C-2 (General Commercial) to allow an automotive and body shop. The owner decided to locate the business in Sulphur and would now like to place a manufactured home on the property for his daughter.]
Upon motion made by Mr. Stelly, which was duly seconded by Mr. Moon and carried unanimously, the following ordinance was adopted to rescind Ordinance No. 3409:
ORDINANCE NO. 5337
AN ORDINANCE repealing Ordinance No. 3409, adopted by the Police Jury on March 18, 1993, which rezoned the following property in Ward Eight, in Zoning Case RZ08-011-93 from A-1 (Agricultural) to C-2 (General Commercial), since the business has ceased operation on the property described as: Commencing at a point on the West line of the Southeast Quarter of Section 8, Township 10 South, Range 7 West, Calcasieu Parish, Louisiana, which is North 00 degrees 00 minutes 29 seconds East 1016.31 feet from the Southwest Corner of the Southeast Quarter of Section 8, Thence North 00 degrees 00 minutes 29 seconds East 272.75 feet, along the West line of the Southeast Quarter of Section 8, to the Southeast Corner of the Northeast Quarter of the Southwest Quarter of Section 8; thence North 89 degrees 37 minutes 59 seconds West 1324.73 feet along the South line of the Northeast Quarter of the Southwest Quarter, to the Southwest Corner of the Northeast Quarter of the Southwest Quarter of Section 8; thence North 00 degrees 00 minutes 22 seconds West 845.95 feet along the West line of the Northeast Quarter of the Southeast Quarter of Section 8, to an existing 1-inch pipe at the Southeast Corner of the 11.28 acre tract of land sold to Columbia Helicopters, Inc., by Joe Humoris Spears as per deed filed in Plat Book 1567 at Page 337, records of Calcasieu Parish, Louisiana; thence South 89 degrees 23 minutes 58 seconds East 787.41 feet to an existing 1-inch pipe at the Southeast Corner of the 11.28 acre tract of land; thence North 00 degrees 00 minutes 23 seconds East 558.84 feet, along the East line of the 11.28 acre tract of land, to an existing 1-inch pipe at the Northeast Corner of the 11.28 acre tract of land; thence continuing North 00 degrees 00 minutes 23 seconds East 52.00 feet to the Southerly right-of-way line of the Missouri Pacific Railroad; thence South 78 degrees 54 minutes 10 seconds East 1287.3 feet, along the Southerly right-of-way line of the railroad; thence South 00 degrees 00 minutes 29 seconds West 1541.31 feet, to a point on the North side of an existing drainage ditch; thence North 85 degrees 19 minutes 30 seconds West 728.12 feet to the point of commencement, containing 58.9 acres, subject to a 50-foot right-of-way for Joe Spears Road on the Northerly side, the property measuring 600 feet by 650 feet located on the Northeast Corner of the above described property.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 19th day of July, 2007, that Ordinance No. 3409, adopted by the Police Jury on March 18, 1993, 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 A-1 (Agricultural): Commencing at a point on the West line of the Southeast Quarter of Section 8, Township 10 South, Range 7 West, Calcasieu Parish, Louisiana, which is North 00 degrees 00 minutes 29 seconds East 1016.31 feet from the Southwest Corner of the Southeast Quarter of Section 8, Thence North 00 degrees 00 minutes 29 seconds East 272.75 feet, along the West line of the Southeast Quarter of Section 8, to the Southeast Corner of the Northeast Quarter of the Southwest Quarter of Section 8; thence North 89 degrees 37 minutes 59 seconds West 1324.73 feet along the South line of the Northeast Quarter of the Southwest Quarter, to the Southwest Corner of the Northeast Quarter of the Southwest Quarter of Section 8; thence North 00 degrees 00 minutes 22 seconds West 845.95 feet along the West line of the Northeast Quarter of the Southeast Quarter of Section 8, to an existing 1-inch pipe at the Southeast Corner of the 11.28 acre tract of land sold to Columbia Helicopters, Inc., by Joe Humoris Spears as per deed filed in Plat Book 1567 at Page 337, records of Calcasieu Parish, Louisiana; thence South 89 degrees 23 minutes 58 seconds East 787.41 feet to an existing 1-inch pipe at the Southeast Corner of the 11.28 acre tract of land; thence North 00 degrees 00 minutes 23 seconds East 558.84 feet, along the East line of the 11.28 acre tract of land, to an existing 1-inch pipe at the Northeast Corner of the 11.28 acre tract of land; thence continuing North 00 degrees 00 minutes 23 seconds East 52.00 feet to the Southerly right-of-way line of the Missouri Pacific Railroad; thence South 78 degrees 54 minutes 10 seconds East 1287.3 feet, along the Southerly right-of-way line of the railroad; thence South 00 degrees 00 minutes 29 seconds West 1541.31 feet, to a point on the North side of an existing drainage ditch; thence North 85 degrees 19 minutes 30 seconds West 728.12 feet to the point of commencement, containing 58.9 acres, subject to a 50-foot right-of-way for Joe Spears Road on the Northerly side, the property measuring 600 feet by 650 feet located on the Northeast Corner of the above described property.
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 A-1 (Agricultural) 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/ Chris E. Landry, President
/s/ S. Mark McMurry, Administrator &
Ex-Officio Secretary
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