October 18, 2007
Lake Charles, Louisiana
The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Thursday, October 18, 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, Kevin Guidry, Tony Guillory, Charles S. Mackey, D.D.S., Don Manuel, Hal McMillin, Cornelius “Cornie” Moon, and Tony Stelly
Absent: None
Also present were Mr. S. Mark McMurry, Parish Administrator; Mr. Bryan Beam, Assistant Parish Administrator; Mr. Dane Bolin, Director of the Office of Juvenile Justice Services; Mr. Dick Gremillion, Director of the Office of Homeland Security and Emergency Preparedness; Mrs. Coleen Clark, Executive Secretary; 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. 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 advised that sealed bids would be received and opened at this time, as advertised in accordance with law for action to be taken at 5:30 p.m., for an oil, gas, and mineral lease on certain tracts of land (20.0 acres, more or less) in the Northeast Quarter (NE/4) of Section 3, Township 11 South, Range 9 West, in Ward Three, Police Jury District 8 (Mr. Brame’s district).
Mr. McMurry then proceeded to open the only bid received which was from Jordan Oil Company, Inc., the details of which are outlined in the following resolution adopted upon motion made by Dr. Mackey, duly seconded by Mr. Guidry and carried unanimously:
RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 18th day of October, 2007, that it does hereby accept the bid of Jordan Oil Company, Inc. for a mineral lease on the following described property, to-wit:
All of the right, title, and interest in any highways, rights-of-way, streets, alleys or other lands owned by and not presently under mineral lease from the Calcasieu Parish Police Jury and being situated within the following described area: the Northeast Quarter (NE/4) of Section 3, Township 11 South, Range 9 West, being approximately 20.00 acres, more or less.
for a three-year lease with a cash bonus of Five Thousand Dollars ($5,000.00) and an annual rental of Two Thousand Five Hundred Dollars ($2,500.00) and with the Calcasieu Parish Police Jury to receive twenty percent (20%) of all oil produced and saved, twenty percent (20%) of all sulphur produced and saved, and twenty percent (20%) of all other liquid or gaseous hydrocarbon minerals produced and saved.
BE IT FURTHER AND FINALLY RESOLVED that the President of the Police Jury, or his designee, when appropriate, is hereby authorized to execute the necessary lease contract to consummate this transaction.
THUS DONE AND PASSED on the date above inscribed.
* * * * * * * * * * * *A presentation was made at this time of the 2008 Trust Fund Awards totaling $1,437,714 from the Calcasieu Parish Road and Drainage Trust Fund Program to the following entities, during which Mr. McMurry observed that over the past 13 years the Trust Fund had contributed $13 million which had resulted in improvements totaling over $60 million:
Amount
Entity Project Description Awarded
City of DeQuincy Upgrading of Roads $43,500
GDD No. 5 of Ward 4 Goss Ditch Drainage-Phase III $439,838
GDD No. 6 of Wards 5/6 High Hope Comprehensive Imp. $199,800
City of Lake Charles Holmes Street Bridge Replacement $349,000
City of Sulphur Elizabeth/Pearl Streets Bridge Replacement $150,000
Town of Vinton West Street Sidewalk Project $255,576
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The following persons accepted the awards and expressed their appreciation on behalf of their individual entities: Mayor Lawrence Henagan of the City of DeQuincy, Mr. Harvey Boyd of Gravity Drainage District No. Five of Ward Four, Mr. Cade Cole of Gravity Drainage District No. Six of Wards Five and Six, Mayor Randy Roach of the City of Lake Charles, and Mayor Kenny Stinson of the Town of Vinton.
A status report was received at this time from Ms. Angie Quienalty, Registrar of Voters, on recent activities of the Registrar of Voters Office wherein she advised that a record high had been experienced in the State recently with the pilot program implemented for early voting. Ms. Quienalty further reported that 3,405 persons had participated in early voting, as opposed to 2,898 in 2003. She stated that a program for voting by mail was now available for handicapped persons or persons 65 and older, pointing out that the Homebound Program was still in effect.
President Landry advised that a presentation would be received at this time from Mr. Rob Pruitt, Executive Director of the Chennault International Airport, with reference to a proposed project at Chennault. Prior to the presentation, Mr. McMurry advised that Mr. Pruitt would be presenting information about a company named Excel Jet which wanted to locate at the Airport and manufacture a small jet, and further, that Chennault would like the Police Jury to join with the City of Lake Charles to supplement a $1 million grant to the Airport for infrastructure improvements to help market the facilities at the Airport. Mr. McMurry pointed out that any allocation of funding would not be acted on at the meeting on this date, but Mr. Pruitt would like a resolution from the Police Jury in support of Chennault’s efforts to have Excel Jet locate at the Airport.
Mr. Rob Pruitt, Executive Director of the Chennault International Airport, appeared before the Police Jury at this time and explained that Excel Jet would be building single-engine, general aviation, single-pilot jets, and over the next five years, would be employing 300 - 350 people to manufacture 100 of these jets. Mr. Pruitt continued by saying there was another company “in the wings” that was ready to move to Chennault and create 150 jobs, but he could not disclose any other information at the current time on this prospect. Mr. Pruitt stated that the funding by the City of Lake Charles and the Police Jury would help the Airport make infrastructure improvements, i.e., an entrance road leading to the areas of development at the Airport, water and sewer, sprinkling systems, etc. to upgrade the facility to accept future tenants.
Mr. Pruitt advised that Excel Jet had applied for $10 million in industrial revenue bonds, as well as all State credits and tax incentives that were available, and the company would bring in many ancillary companies.
In answer to a question by Mr. Guillory as to what the base starting salary would be, Mr. Pruitt advised that the average pay over a five-year period was calculated to be $48,000 and that he was in contact with McNeese State University about the possibility of implementing a four-year, aviation management degree.
Motion was made by Mr. Manuel, seconded by Mr. Collins and carried unanimously that the following resolution be adopted:
RESOLUTION
WHEREAS, the Calcasieu Parish Police Jury, the City of Lake Charles, the Calcasieu Parish School Board, and the State of Louisiana executed a joint services agreement in 1986 to create a special district, the Chennault Industrial Airpark Authority, now known as the Chennault International Airport Authority (Authority) to develop the land owned by said entities for aviation-related purposes at the former Chennault Airbase; and
WHEREAS, the primary objective and purpose of the Authority is to stimulate and encourage the development of an industrial air park for economic development through commerce, industry and research, to utilize and develop natural and human resources of the area, and to provide job opportunities; and
WHEREAS, the current tenants at the Airport, Northrop Grumman and Aeroframe Services, LLC, are engaged primarily in maintenance, repair and modification operations and together employ approximately a total of 800 employees and have expressed a need for expansion of facilities at the Airport to accommodate their operations; and
WHEREAS, the Police Jury has been advised by the Authority that a new tenant, Excel Jet, Inc., is interested in locating at the Airport to manufacture a new small passenger jet airplane and to eventually employ approximately 350 workers.
NOW, THEREFORE, BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in Regular Session convened on the 18th day of October, 2007, that it does hereby acknowledge and express continued support for the maintenance, repair and modification activities conducted by Northrup Grumman and Aeroframe Services LLC at the Chennault International Airport and further recognizes the need for continued improvement of the public facilities at the Airport to accommodate the future growth and expansion of these operations.
BE IT FURTHER RESOLVED that the Police Jury does hereby express its support for the efforts of the Authority to expand activities at its airpark facilities to include aircraft manufacturing and to construct public improvements necessary to accommodate the operations of Excel Jet, Inc. and the Authority’s existing tenants;
BE IT FURTHER RESOLVED that further consideration will be given by the Police Jury at its Regular Meeting on November 1, 2007, on a proposed cooperative endeavor agreement with the City of Lake Charles and the Authority for the development of a joint plan to provide up to $500,000 in matching Parish funds to be used to improve and expand public infrastructure improvements at the Airpark to accommodate expanded aviation business operations.
* * * * * * * * * * * *
Motion was made by Mrs. Griffin, seconded by Mr. Guidry and carried unanimously that the following applications for liquor and beer permits be approved:
WARD I
Linda M. Cimbron – Assistant Secretary
CVS PHARMACY #5455
366 Sam Houston Jones Prkwy
Lake Charles, LA 70611 Beer – (Pkg) – ‘2008 25.00
(Don Manuel’s District)
WARD II
Holmwood Grocery, Inc.
Stephen C. Natali – Pres.
HOLMWOOD GROCERY
5602 Hwy 14 East
Iowa, LA 70647 Liquor & Beer – ‘2008 135.00
(Tony Stelly’s District)
Bell City Knights of Columbus 3048
Paul Gary – Finance Secretary
BELL CITY KNIGHTS OF COLUMBUS 3048
7302 Hwy 14 East
Bell City, LA 70630 Beer – ‘2008 35.00
(Tony Stelly’s District)
Belinda & Carl LeBlanc d/b/a
BELIN’S GROCERY & BAITS
7595 Hwy 14 East
Hayes, LA 70646 Liquor & Beer (Pkg) – ‘2008 75.00
(Tony Stelly’s District)
WARD III
Four Corners Market, Inc.
Charles Kleckley – Pres.
FOUR CORNERS MARKET
2602 Hwy 14 East
Lake Charles, LA 70607 Beer (Pkg) – ‘2008 25.00
(Kevin Guidry’s District)
Juan Alverto Gonzales Alonso d/b/a
LATINO FLEA MARKET
505 Bunker Road
Lake Charles, LA 70615 Beer (Pkg) – ‘2007 25.00
(Calvin Collins’ District) Beer (Pkg) – ‘2008 25.00
Allen J. LeJeune d/b/a
L & L PACKAGE LIQUOR
5701 Hwy 90 East
Lake Charles, LA 70601 Liquor & Beer – ‘2008 135.00
(Calvin Collins’ District)
WARD IV
Fairways & Greens, LLC
Wendell Christian – Member
BAYOU OAKS COUNTRY CLUB
2300 Bon Vie Drive
Sulphur, LA 70665 Liquor & Beer – ‘2008 135.00
(Brent Clement’s District)
The Plantation of Louisiana, LLC
Al Dicicco, Jr. – Member
THE PLANTATION OF LOUISIANA
3260 Hwy 108
Westlake, LA 70669 Liquor & Beer – ‘2008 135.00
(Mike Danahay’s District)
Grand Palais Riverboat, Inc.
Joey Lalonde – Sr. Finance Director
ISLE OF CAPRI (CROWN VESSEL)
100 Westlake Avenue
Westlake, LA 70669 Liquor & Beer – ‘2008 135.00
(Hal McMillin’s District)
St. Charles Gaming Co., Inc.
Joey Lalonde – Sr. Finance Director
ISLE OF CAPRI (PAVILION)
100 Westlake Avenue
Westlake, LA 70669 Liquor & Beer – ‘2008 135.00
(Hal McMillin’s District)
St. Charles Gaming Co., Inc.
Joey Lalonde - Sr. Finance Director
ISLE OF CAPRI (MOTOR VESSEL)
100 Westlake Avenue
Westlake, LA 70669 Liquor & Beer 135.00
(Hal McMillin’s District)
Jeffrey Dale Benoit d/b/a
B & O KITCHEN & GROCERY
3011 East Burton St.
Sulphur, LA 70663 Beer (Pkg) – ‘2008 25.00
(Hal McMillin’s District)
Margie Garland d/b/a
MARGIE’S INN
4020 East Burton Street
Sulphur, LA 70663 Liquor & Beer – ‘2008 135.00
(Hal McMillin’s District)
WARD VI
Country Stop, Inc.
Billy T. Brown – Pres.
COUNTRY STOP
1023 Hwy 27
DeQuincy, LA 70633 Liquor & Beer (Pkg) – ‘2008 75.00
(Sandy Treme’s District)
VFW Post 3802 (DeQuincy) Inc.
James W. Dickerson – Quartermaster
VFW POST 3802 (DEQUINCY)
5416 Hwy 27
DeQuincy, LA 70633 Liquor & Beer – ‘2008 135.00
(Sandy Treme’s District)
Drew D. Pitre d/b/a
WINGATE’S GROCERY
1020 Hwy 27
DeQuincy, LA 70633 Liquor & Beer (Pkg) – ‘2008 75.00
(Sandy Treme’s District)
TOTAL REMITTANCE: 1600.00
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It was moved by Mr. Andrepont, seconded by Mrs. Griffin and carried unanimously to approve the minutes of the Regular Meeting of the Police Jury dated September 20, 2007.
President Landry advised that action was needed on RZ01-032-07 which was a request by Wallace Nichols to rezone from A-1 (Agricultural) and R-MHP (Manufactured Home Park) to R-1 (Single Family Residential) to allow a single-family residential subdivision on Coffey Road in Ward One, Police Jury District 11 (Mrs. Treme’s district). He further advised that the Planning and Zoning Board had met on Tuesday, October 16, 2007, and voted unanimously to recommend that the request be granted.
Motion was made by Mrs. Treme, seconded by Mr. Moon and carried unanimously that the recommendation of the Planning and Zoning Board be upheld with respect to RZ01-032-07 and that the request to rezone be granted; whereupon, the following ordinance was adopted:
ORDINANCE NO. 5390
AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Wallace Nichols to rezone from A-1 (Agricultural) and R-MHP (Manufactured Home Park) to R-1 (Single Family Residential) to allow a single family residential subdivision on the property described as: A subdivision in a portion of the NE ¼ of S25, T8S, R9W, Calcasieu Parish, Louisiana. Being more particularly described as follows: For a poc, begin at a point in the N line of S25, T8S, R9W, Calcasieu Parish, Louisiana, said point being S 89 degs 42’ 52” W 1802.78 feet from the NE cor of said Section 25; thence N 89 degs 42’ 52” E 859.63 feet along the N line of said Section 25; thence S 00 degs 56’ 51” W 250.00 feet; thence N 89 degs 42’ 52” E 44.89 feet; thence S 00 degs 56’ 51” W 185.01 feet; thence S 03 degs 16’ 59” W 125.24 feet; thence S 08 degs 05’ 21” W 126.31 feet; thence S 10 degs 31’ 35” W 127.27 feet; thence S 10 degs 26’ 08” W 254.43 feet; thence S 06 degs 47’ 36” W 125.96 feet; thence S 02 degs 02’ 26” W 158.69 feet to the N right-of-way line of Coffey Road; thence N 88 degs 51’ 08” W 406.13 feet along the N right-of-way line of Coffey Road; thence N 89 degs 25’ 30” W 433.20 feet along the N right-of-way line of Coffey Road; thence N 02 degs 02’ 26” E 142.01 feet; thence N 06 degs 47’ 36” E 125.96 feet; thence N 10 degs 26’ 08” E 254.43 feet; thence N 10 degs 31’ 35” E 127.27 feet; thence N 08 degs 05’ 21” E 126.31 feet; thence N 03 degs 16’ 59” E 125.24 feet; thence N 00 degs 56’ 51” E 185.01 feet; Thence S 89 degs 42’ 52” W 64.69 feet; thence N 00 degs 56’ 51” E 250.00 feet to the poc. Containing 25.83 acres m/l.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 18th day of October, 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 A-1 (Agricultural) and R-MHP (Manufactured Home Park) to R-1 (Single Family Residential) to allow a single family residential subdivision on the property described as: A subdivision in a portion of the NE ¼ of S25, T8S, R9W, Calcasieu Parish, Louisiana. Being more particularly described as follows: For a poc, begin at a point in the N line of S25, T8S, R9W, Calcasieu Parish, Louisiana, said point being S 89 degs 42’ 52” W 1802.78 feet from the NE cor of said Section 25; thence N 89 degs 42’ 52” E 859.63 feet along the N line of said Section 25; thence S 00 degs 56’ 51” W 250.00 feet; thence N 89 degs 42’ 52” E 44.89 feet; thence S 00 degs 56’ 51” W 185.01 feet; thence S 03 degs 16’ 59” W 125.24 feet; thence S 08 degs 05’ 21” W 126.31 feet; thence S 10 degs 31’ 35” W 127.27 feet; thence S 10 degs 26’ 08” W 254.43 feet; thence S 06 degs 47’ 36” W 125.96 feet; thence S 02 degs 02’ 26” W 158.69 feet to the N right-of-way line of Coffey Road; thence N 88 degs 51’ 08” W 406.13 feet along the N right-of-way line of Coffey Road; thence N 89 degs 25’ 30” W 433.20 feet along the N right-of-way line of Coffey Road; thence N 02 degs 02’ 26” E 142.01 feet; thence N 06 degs 47’ 36” E 125.96 feet; thence N 10 degs 26’ 08” E 254.43 feet; thence N 10 degs 31’ 35” E 127.27 feet; thence N 08 degs 05’ 21” E 126.31 feet; thence N 03 degs 16’ 59” E 125.24 feet; thence N 00 degs 56’ 51” E 185.01 feet; Thence S 89 degs 42’ 52” W 64.69 feet; thence N 00 degs 56’ 51” E 250.00 feet to the poc. Containing 25.83 acres m/l.
Zoning Case RZ01-032-07
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 RZ04-031-07 which was a request by Joyce Thompson, Jocelyn Raimer, and Camilla McBride to rezone from A-1 (Agricultural) to I-1 (Light Industrial) to allow a light industrial subdivision on South Beglis Parkway in Ward Four, Police Jury District 15 (Mr. Danahay’s district). President Landry further advised that the Planning and Zoning Board had met on Tuesday, October 16, 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, provided that the Director of Planning and Development or designee may authorize adjustments to site plans in light of technical or engineering considerations discovered during development; (2) that the dumpster and storage area for Tract 1 must be on the side of the building within an enclosed six-foot privacy fence on the west property line and east of the parking area upon completion of the building; (3) that the dumpster and all storage areas for Tracts 2, 3 and 4 must be in the rear and within an enclosed six-foot privacy fence; (4) that all signs must be low-profile monument signs; (5) that lounges are prohibited on all Tracts; (6) that all buildings must have a facade that is non-metal (i.e. brick, stucco, hardy-plank or vinyl); and (7) that a landscaping plan must be submitted and approved by the Division of Planning and Development prior to permit issuance, and landscaping must be installed prior to the issuance of an occupational license.
It was moved by Mr. Andrepont, seconded by Mr. Danahay and carried unanimously to uphold the recommendation of the Planning and Zoning Board with respect to RZ04-031-07 and to grant the request to rezone with the stipulations outlined by said Board; whereupon, the following ordinance was adopted:
ORDINANCE NO. 5391
AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Joyce Thompson to rezone from A-1 (Agricultural) to I-1 (Light Industrial) to allow a light industrial subdivision on the property described as: Beg at a point on the N boundary line of the N 27 ½ acres of the NW/4 of the SE/4 of S14, T10S, R10W, La. Mer. at a point 240 feet E of the NW cor thereof, thence running E 281.5 feet, thence S 930.7 feet, to S boundary lines of said 27 ½ acres, thence W along said S boundary 281.5 feet, thence N 930.7 feet, to poc.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 18th day of October, 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 I-1 (Light Industrial) to allow a light industrial subdivision with the following stipulations: 1) that the development adhere to the site plan on file, provided that the Director of Planning and Development or designee may authorize adjustments to site plans in light of technical or engineering considerations discovered during development; 2) that the dumpster and storage area for Tract 1 must be on the side of the building within an enclosed 6 foot privacy fence on the west property line and east of the parking area upon completion of the building; 3) that the dumpster and all storage areas for Tracts 2, 3 and 4 must be in the rear and within an enclosed 6 foot privacy fence; 4) that all signs must be low profile monument signs; 5) that lounges are prohibited on all Tracts; 6) that all buildings must have a facade that is non-metal (i.e. brick, stucco, hardy-plank or vinyl); and 7) that a landscape plan must be submitted and approved by the Division of Planning and Development prior to permit issuance. Landscaping must be installed prior to the issuance of an occupational license, on the property described as: Beg at a point on the N boundary line of the N 27 ½ acres of the NW/4 of the SE/4 of S14, T10S, R10W, La. Mer. at a point 240 feet E of the NW cor thereof, thence running E 281.5 feet, thence S 930.7 feet, to S boundary lines of said 27 ½ acres, thence W along said S boundary 281.5 feet, thence N 930.7 feet, to poc.
Zoning Case RZ04-031-07
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 RZ03-030-07 which was a request by Friendly Builders, Inc. to rezone from C-1 (Light Commercial) to R-M (Multi-Family Residential) to allow duplexes and patio homes on Weaver Road in Ward Three, Police Jury District 8 (Mr. Brame’s district). He further advised that the Planning and Zoning Board had met on Tuesday, October 16, 2007, and voted unanimously to recommend that the request be granted with the stipulation that the development adhere to the site plan on file, provided that the Director of Planning and Development or designee may authorize adjustments to site plans in light of technical or engineering considerations discovered during development.
Upon motion made by Mr. Brame, which was duly seconded by Mr. Clement, the recommendation of the Planning and Zoning Board was upheld with respect to RZ03-030-07, and the request to rezone was granted with the stipulations outlined by said Board; whereupon, the following ordinance was adopted:
ORDINANCE NO. 5392
AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Friendly Builders, Inc. to rezone from C-1 (Light Commercial) to R-M (Multi Family Residential) to allow duplexes and patio homes on the property described as: Less and Except the N 232’ and a tract located in the SE cor 110 x 115’, Tract of land located in S26, T10S, R9W, Calcasieu Parish, Louisiana, being more particularly described as: Commencing at the NW cor of the NE1/4 of S26, T10S, R9W, Calcasieu Parish, Louisiana, thence S 579.0 ft along W line of NW1/4 of NE1/4 of said S26; thence N 89 degs 28’ 48” E 20.0 ft to the E row line of Weaver Road at the pob; thence N 89 degs 28’ 48” E 332.7 ft to a found 5/8” rod; thence S 00 degs 03’ 38” W 768.8 ft to found ¾” rod on the occupational S line of the NW1/4 of the NE1/4 of said S26; thence N 89 degs 57’ 31” W 331.84 ft along the occupational S line of the NW1/4 of the NE1/4 of said S26 to a found 3/4'” rod on the E row line of Weaver Road; thence N 765.54 feet along the E row line of Weaver Road to the pob. All as shown on survey prepared by D.W. Jessen Jr., Registered Land Surveyor dated February 22, 2007, together with all improvements situated thereon.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 18th day of October, 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 Three of this parish:
From C-1 (Light Commercial) to R-M (Multi Family Residential) to allow duplexes and patio homes with the stipulation that the development adhere to the site plan on file, provided that the Director of Planning and Development or designee may authorize adjustments to site plans in light of technical or engineering considerations discovered during development, on the property described as: Less and Except the N 232’ and a tract located in the SE cor 110 x 115’, Tract of land located in S26, T10S, R9W, Calcasieu Parish, Louisiana, being more particularly described as: Commencing at the NW cor of the NE1/4 of S26, T10S, R9W, Calcasieu Parish, Louisiana, thence S 579.0 ft along W line of NW1/4 of NE1/4 of said S26; thence N 89 degs 28’ 48” E 20.0 ft to the E row line of Weaver Road at the pob; thence N 89 degs 28’ 48” E 332.7 ft to a found 5/8” rod; thence S 00 degs 03’ 38” W 768.8 ft to found ¾” rod on the occupational S line of the NW1/4 of the NE1/4 of said S26; thence N 89 degs 57’ 31” W 331.84 ft along the occupational S line of the NW1/4 of the NE1/4 of said S26 to a found 3/4'” rod on the E row line of Weaver Road; thence N 765.54 feet along the E row line of Weaver Road to the pob. All as shown on survey prepared by D.W. Jessen Jr., Registered Land Surveyor dated February 22, 2007, together with all improvements situated thereon.
Zoning Case RZ03-030-07
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 stated that the Police Jury would come back to the next item of business following completion of the rest of the zoning items on the agenda, said item being to take action on RZ03-026-07 which was a request by CNP Properties, LLC and Southland Estates, LLC, to rezone from R-1 (Single Family Residential) to C-3 (Central Business Commercial) to allow the following: eye center, ambulatory surgical center, orthopedic center, and future medical offices (less and except the west 400' located within the Nelson Overlay District) on the east side of Nelson Road in Ward Three, Police Jury District 6 (Mr. Moon’s district).
President Landry advised that action was needed on RZ04-027-07 which was a request by McManus Construction to rezone from A-1 (Agricultural) and I-2 (Heavy Industrial) to I-2R (Heavy Industrial-Restricted) to allow a solid waste site (construction and debris landfill-classification type 3) on Evergreen Road in Ward Four, Police Jury District 14 (Mr. McMillin’s district). President Landry further advised that the Planning and Zoning Board had met on Tuesday, October 16, 2007, and voted unanimously to recommend that the request be denied, and further, 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 the development adhere to the Department of Environmental Quality Regulations; and (3) upon issuance of a development permit, the solid waste site disposal was for fifteen (15) years or when the pit was completely filled, whichever came first.
Upon motion made by Mr. McMillin, which was duly seconded by Mrs. Griffin and carried unanimously, action was deferred for thirty days on RZ04-027-07.
President Landry stated that action would be taken at this time on RZ03-026-07 which was a request by CNP Properties, LLC, and Southland Estates, LLC, to rezone from R-1 (Single Family Residential) to C-3 (Central Business Commercial) to allow the following: eye center, ambulatory surgical center, orthopedic center, and future medical offices (less and except the west 400' located within the Nelson Overlay District) on the east side of Nelson Road in Ward Three, Police Jury District 6 (Mr. Moon’s district). President Landry further advised that the Planning and Zoning Board had met on Tuesday, October 16, 2007, and voted 6-3 to recommend that the request be denied, and further, that the staff had recommended that the request be granted with the following stipulations: (1) that the development adhere to the site plan dated September 10, 2007, on file with the Division of Planning and Development; and (2) that the development adhere to the Nelson Overlay District regulations.
President Landry stated that there were a number of speakers who wished to address the Police Jury in opposition to this rezoning request, and since there was not enough time for everyone to speak, he asked that the list of speakers be narrowed. President Landry also stated he realized this was an emotional issue involving people’s homes but asked everyone to maintain proper decorum. He ruled that each side would be given a total of ten minutes to speak, after which each side would be given an opportunity for rebuttal.
Motion was made by Mr. Brame and seconded by Mr. Guidry to overturn the recommendation of the Planning and Zoning Board with respect to RZ03-026-07 and to grant the request to rezone with the stipulations recommended by the staff (as outlined above).
Mr. Allen Smith, General Counsel, explained that the five-person board authorized to review requests for variances from the requirements of the Nelson Overlay District (NOD) had met with respect to the project under discussion and had voted three (for) to two (against) to grant conditional approval – subject to the request going through the normal process (action by the Planning and Zoning Board as well as the Police Jury) – on the request for a variance on the architectural theme, as well as to enlarge the district. Mr. Smith further explained that the only matter before the Police Jury was the issue of rezoning from R-1 to C-3 the portion of property not currently zoned for the project.
Mr. Ike Bollinger of McKinney, Texas, appeared before the Police Jury on behalf of the firm designing the project and gave a brief PowerPoint presentation of the design, site plan, landscaping plan, etc., which he said met or exceeded Parish specifications and which indicated only one primary entrance, that being off of Nelson Road.
Mr. Dan Flavin, 3221 Ryan Street, Lake Charles, appeared before the Police Jury and stated that in the Summer of 2004, the group of physicians had come to his real estate firm to locate a suitable piece of property on which to locate their offices. Mr. Flavin stated that his firm had immediately met with the Division of Planning and Development staff to determine how the project could fit on the property selected, and that they had worked extensively with Mr. Bollinger’s company to make sure their plan complied with the guidelines of the NOD insofar as fencing, setbacks, landscaping, etc. Mr. Flavin further stated that the district was formed for this type of project and that the purpose of five-laning Nelson Road was for economic development. He pointed out that the proposed project would result in a $25 million economic impact for the entire Parish, with the sales tax revenue alone projected to be in the neighborhood of $1.8 million of which the State would receive $800,000, the Calcasieu Parish School Board $400,000, the Parish $450,000, and the Sheriff’s Office $150,000.
Mr. Flavin stated that his firm was also concerned about property values in Crestview Subdivision, pointing out that they had sold many of these homes and did not want to hurt anybody. Mr. Flavin also stated that he had other examples where commercial development had taken place in close proximity to residential development, and there had been no negative affect on the residential areas. Mr. Flavin referred to a letter he had requested from an MAI appraiser which indicated that the project would enhance the area.
Ms. Denise Davis, 525 Colonial Drive, Moss Bluff, appeared before the Police Jury and stated that she was the Administrator of the Eye Clinic, one of the medical offices wanting to locate in the proposed office complex. She stated that there were approximately 100 employees at the Eye Clinic, and it was important to them to continue to provide state-of-the art facilities to serve their patients and that new physicians were looking at this type of environment to locate their practices.
President Landry opened the floor for questions from the jurors, and in answer to questions from Mrs. Griffin, Ms. Davis advised that the current location of the Eye Clinic, adjacent to Lake Charles Memorial Hospital, continued to present challenges with sufficient office space and parking. She further advised that the Eye Clinic had a long-standing relationship with the Hospital and wanted to continue to have a presence at their current location which they owned.
In response to Mr. Brame’s request, Mr. Jerry Milner, Director of Finance, advised that he had developed figures which projected that the development was anticipated to bring in an estimated $524,750 in annual property taxes.
In answer to Mr. Clement’s question, Ms. Davis stated that the Eye Clinic provided most of its services Monday through Friday but did operate with a scaled-down staff on Saturday mornings to accommodate people who because of their employment, could not come during the normal work week.
Mr. McMillin asked if the developers had considered eliminating the two-story section of the proposed development to allay the concerns of property owners in Crestview Subdivision who wanted to eliminate the public’s view of said subdivision, to which Mr. Tim Flavin, also of 3221 Ryan Street, Lake Charles, responded that there would be no windows on the south side and that any planning which affected the development would have to be approved by the Division of Planning and Development. Mr. Vickers pointed out that the Overlay Team, on which two police jurors served, would review applications and consider any input and that the jurors and residents would be made aware of those as they occurred.
Mr. Guidry questioned the method of disposal of medical waste, to which Ms. Davis stated that such waste went into special bags and special disposal receptacles with a special pick-up. She further stated that the disposer of such waste received a manifest indicating where the waste was going and where it would be disposed.
In answer to Mr. Stelly’s question, Mr. Dan Flavin stated that a privacy fence on the south side of the development would be constructed as required by the restrictions of the NOD and that it would meet those standards.
Mrs. Griffin referred to a written concern she had received regarding the existing pipeline in this area and its safety. She asked if a hazard assessment had been done, and Mr. Vickers advised that the regulation of the pipeline was the responsibility of the Louisiana Department of Transportation and Development (DOTD). He explained that it depended on whether a pipeline was interstate or intrastate as to which entity was responsible for same. Mr. Vickers further explained that he felt it was the responsibility of the companies that would be locating there to notify DOTD, or the responsible regulatory agency, of the proposed development.
There were no further questions from the jurors for the applicant. Mr. Allen Smith, General Counsel, pointed out that the applicant’s presentation had lasted 13 minutes, so the opposition would need to be allowed that amount of time to make their presentation.
Mrs. Kit Wyatt, 5567 Chuck Drive (in Crestview Subdivision), Lake Charles, appeared before the Police Jury and in response to an earlier statement made by Mr. Milner, she asked him if the tax revenue would be the same, regardless of where the clinic was built. Mr. Milner explained that the taxable assessment was different depending on the location but would be approximately the same amount.
Mrs. Wyatt went through some of the regulations outlined in the handbook which was prepared by the Parish and copies of which were given to residents of Crestview. She stated that Mr. Smith’s earlier comment was correct, that a revision was made in January of 2005 which would allow an expansion of the 400' in depth boundary for the NOD if there was a hardship, however, the applicant was asking for an additional 900 feet to be rezoned. Mrs. Wyatt further stated that another problem was that the building would be facing north, as well as uncertainty as to what time the trash dumpsters would be picked up.
Mrs. Wyatt stated that three years ago, a similar medical development was attempted on the south side of Deep Woods Subdivision, right across the street from Crestview, but the development had been stopped by the Division of Planning and Development, because that office had felt it was not within the intent of the requirements for the NOD. Mrs. Wyatt advised that she had talked to the developer who had tried to develop this subdivision, Mr. Dru Fontenot, and he was surprised to hear that the current proposal had not been rejected.
Mrs. Wyatt referred to and read a portion of the minutes of the Police Jury’s regular meeting of May 6, 2004, at which the NOD was originally created, and she stated she did not feel the proposed project was allowable in the district. Mrs. Wyatt asked the jurors to uphold the handbook which she said had been approved to protect the integrity of Crestview Subdivision and to continue to support the residents for which the handbook had been written. Mrs. Wyatt closed by saying she felt the proposed project was a good one but that with all of the commercial property available further south on Nelson Road, the proposed location was not a good one.
Mr. Vickers stated that the handbook was informational, to which Mrs. Wyatt responded that when the handbook was presented to the residents of her subdivision, it was not submitted as informational and while it was informative, it did contain restrictions and ordinance that they were told would keep their subdivision intact.
Ms. Gaynell Romero, 1714 North Crestview, Lake Charles, appeared before the Police Jury and stated that the project would back up to her property. She expressed her concerns regarding the architectural design of the project, the number of strangers who would have a clear view of their subdivision, noise from trash collection trucks, impact on the value of her property, the desire of the residents for the developer to either turn the project to be parallel to Nelson Road or move it further south on Nelson Road, etc. Ms. Romero stated that the residents of Crestview had over $43 million invested in their properties.
President Landry advised that two minutes remained for the opposition to present their case. Mr. Dan Borel, 1718 North Crestview Drive, Lake Charles, appeared before the Police Jury and stated that the development would be in his back yard. He further stated he was opposed to the layout.
Mrs. Laurie Williams, 1734 North Crestview Drive, Lake Charles, appeared before the Police Jury and stated that she and her husband had purchased their house in 1992 after determining that the property surrounding it was residential. She further stated that in 2004, when the NOD information was distributed, they thought that any commercial development would be single offices, not clinics. Mrs. Williams stated that if the project was allowed to develop, the NOD should be done away with, because it no longer made sense. She pointed out that they were going to sell their house but after the information was presented to them in 2004, they had instead invested a lot of money in it, and she felt the property owners had the right to be protected. Mrs. Williams referred to a petition which she had forwarded to the Division of Planning and Development containing signatures of persons in opposition to the proposed development. She advised that cars in the parking lot of the development would be 30' from her back yard.
Mrs. Williams stated that she and her husband had made life-changing decisions based on what the Police Jury had decided with respect to the NOD, and the development was not a positive thing for them. She further stated that this development should take place in an area where there were no houses and that the Police Jury owed it to the residents to stand behind the NOD and reject this project.
President Landry advised that the opposition had used all of the time allotted to them, and he opened the floor for questions from the police jurors.
Mrs. Griffin expressed her concern that while she thought it was a good project, she felt that eventually the majority of the people she represented in north and central Lake Charles would have to travel further south to obtain services, and this included senior citizens and others who would not be able to afford to do this.
President Landry opened the floor for a five-minute rebuttal, and Mr. Tim Flavin stated that this was a fantastic project, and he hoped the Jury would support it.
Mrs. Wyatt stated that Mr. Vickers had said that zoning could be changed outside of the NOD, however, the development was inside the NOD and that if the rezoning was approved, it would change the zoning of the whole piece of property from C-1 to C-3 instead of from R-1 to C-3. Mr. Vickers stated that this was not correct, that the overlay district was 400' and that the rezoning request excluded the portion zoned R-1 which was already in the NOD.
Mrs. Wyatt stated that she thought that was what she had said and that the developer had left 240' vacant for future development. She also stated that if the developer had the best interest and concern for the residents, that 240' would not be left vacant and the development would occur parallel to Nelson Road, particularly since they had been working on this project since 2004.
In answer to a question by Mr. Stelly, Ms. Davis stated that Waste Management had told her that the earliest they would pick up trash was 5:00 a.m., and BFI was 6:00 a.m., the latter of which they would probably use.
Mr. Stelly stated that he would like to make a stipulation that a masonry fence be required, and Mr. Smith recommended that a vote be taken on the motion on the floor first and if that motion passed, a motion to amend could be introduced to include a stipulation for a masonry fence. Mr. Stelly accepted Mr. Smith’s recommendation.
Ms. Davis pointed out that there would be a masonry fence.
Mr. Vickers offered a point of clarification with reference to an earlier statement concerning Mr. Dru Fontenot’s property. He explained that Mr. Fontenot did own 400' in the NOD, and his property was included just like everybody else’s, however, nothing had been done with this property yet.
Motion was made by Mr. Andrepont, seconded by Mr. Brame and carried unanimously that voting be done electronically on the motion on the floor. Said motion carried unanimously, however, there was a malfunction with the electronic voting machine.
A reverse roll call vote was then taken on the motion on the floor, which was to overturn the recommendation of the Planning and Zoning Board with respect to RZ03-026-07 and to grant the request to rezone with the stipulations recommended by the staff, as follows: (1) that the development adhere to the site plan dated September 10, 2007, on file with the Division of Planning and Development; and (2) that the development adhere to the Nelson Overlay District regulations. The result of the vote thereon was as follows:
YEAS: Mrs. Treme, Mr. Stelly, Mr. McMillin, Mr. Manuel, Dr. Mackey, Mr. Guillory, Mr. Guidry, Mr. Danahay, Mr. Clement, Mr. Brame, and Mr. Andrepont
NAYS:Mr. Moon, Mrs. Griffin, and Mr. Collins
ABSENT:None
NOT VOTING:President Landry
The vote being 11 (in favor) to 3 (against), President Landry declared the motion as having carried; whereupon, the following ordinance was adopted:
ORDINANCE NO. 5393
AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by CNP Properties, LLC and Southland Estates, LLC to rezone from R-1 (Single Family Residential) to C-3 (Central Business Commercial) to allow the following: eye center, ambulatory surgical center, orthopedic center and future medical offices (less and except the west 400’ located within the Nelson Overlay District) on the property described as: Tract 1A: That certain tract or parcel of land being described as com at the SW cor of the NW/4 of S25, T10S, R9W, Calcasieu Parish, Louisiana, the SW cor of herein described tract; Thence N 00 degs 53’ 01” E along the W line of said NW/4 for a distance of 570.00 feet, the NW cor of herein described tract; Thence S 89 degs 23’ 39” E, parallel with the S line of said NW/4 for a distance of 666.51 feet the NE cor of herein described tract; Thence S 00 degs 52’ 35” W a distance of 570.00 feet to the S line of said NW/4 the SE cor of herein described tract; Thence N 89 degs 23’ 39” W, along said S line, for a distance of 666.58 feet to the pob; subject to a public road right of way on the W side thereof. Herein described tract containing a total of 8.72 acres m/l. Herein described tract containing 8.04 acres m/l, of useable property. Tract 1B: That certain tract or parcel of land being described as com at the SW cor of the NW/4 of S25, T10S, R9W, Calcasieu Parish, Louisiana; Thence S 89 degs 23’ 39” E, along the S line of said NW/4 for a distance of 666.58 feet to the pob and SW cor of herein described tract; Thence N 00 degs 52’ 35” E for a distance of 570.00 feet, the NW cor of herein described tract; Thence S 89 degs 23’ 39” E, parallel with the S line of said NW/4 for a distance of 666.51 feet to the E line of the SW/4 of the NW/4 of said Section 25, the NE cor of herein described tract; Thence S 00 degs 52’ 08” W, along said E line, for a distance of 570.00 feet to the SE cor of the SW/4 of the NW/4 the SE cor of herein described tract; Thence N 89 degs 23’ 39” W, along the S line of said SW/4 of the NW/4 for a distance of 666.58 feet to the pob. Herein described tract containing 8.72 acres, more or less. Tract 2A (Road Right of Way): That certain tract or strip of land being described as com at the SW cor of the NW/4 of S25, T10S, R9W, Calcasieu Parish, Louisiana; Thence N 00 degs 53’ 01” E, along the W line of said NW/4 for a distance of 570.0 feet; Thence S 89 degs 23’ 39” E, parallel with the S line of said NW/4 for a distance of 44.70 feet to the E right of way line of Nelson Road, the pob and SW cor of herein described strip; Thence N 01 degs 00’ 56” W, along said E right of way line, for a distance of 22.15 feet to the beg of a curve to the right having a radius of 22873.31 feet and a Central angle of 01 degs 00’ 06”; Thence along said curve to the Right and along said E right of way line, for an angle of 00 degs 08’ 42”, for an arc length distance of 57.88 feet, the NW cor of herein described strip; Thence S 89 degs 23’ 39” E, parallel with the S line of said NW/4 for a distance of 402.05 feet, the NE cor of herein described strip; Thence S 00 degs 53’ 01” W, parallel with the W line of said NW/4 for a distance of 80.00 feet, the SE cor of herein described strip; Thence N 89 degs 23’ 39” W, parallel with the S line of said NW/4 for a distance of 400.00 feet to the pob. Herein described strip containing 32,103.16 square feet / 0.74 acres, m/l. Tract 2B (Road Right of Way): That certain tract or strip of land being described as com at the SW cor of the NW/4 of S25, T10S, R9W, Calcasieu Parish, Louisiana; Thence N 00 degs 53’ 01” E along the W line of said NW/4 for a distance of 570.00 feet; Thence S 89 degs 23’ 39” E, parallel with the S line of said NW/4 for a distance of 444.70 feet to the pob and SW cor of herein described strip; Thence N 00 degs 53’ 01” E, parallel with the W line of said NW/4 for a distance of 80.00 feet, the NW cor of herein described tract; Thence S 86 degs 07’ 22” E for a distance of 350.47 feet, the NE cor of herein described tract; Thence S 00 degs 53’ 01” W, parallel with the W line of said NW/4 for a distance of 60.00 feet, the SE cor of herein described tract; Thence N 89 degs 23’ 39” W parallel with the S line of said NW/4 for a distance of 350.00 feet to the pob. Herein described strip containing 24,500.00 feet / 0.56 acres, m/l. Tract 2C (Road Right of Way – Future Development). That certain tract of strip of land being described as commencing at the SW cor of the NW/4 of S25, T10S, R9W, Calcasieu Parish, Louisiana; Thence N 00 degs 53’ 01” E, along the W line of said NW/4 for a distance of 570.00’; Thence S 89 degs 23’ 39” E, parallel with the S line of said NW/4, for a distance of 794.70’ to the pob and SW cor of herein described strip; Thence N 00 degs 53’ 01” E, parallel with the W line of said NW/4, for a distance of 60.00’, the NW cor of herein described tract; Thence S 89 degs 23’ 39” E, parallel with the S line of said NW/4, for a distance of 538.30’ to the E line of the SW/4 of the NW/4 of said Section 25, the NE cor of herein described tract; Thence S 00 degs 52’ 08” W, along said E line, for a distance of 60.00’, the SE cor of herein described tract; Thence N 89 degs 23’ 39” W, parallel with the S line of said NW/4, for a distance of 538.32’ to the pob. Herein described strip containing 32,298.00 square feet / 0.74 acres, more or less.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 18th day of October, 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 Three of this parish:
From R-1 (Single Family Residential) to C-3 (Central Business Commercial) to allow the following: eye center, ambulatory surgical center, orthopedic center and future medical offices (less and except the west 400’ located within the Nelson Overlay District) with the following stipulations: 1) that the development adhere to the site plan dated September 10, 2007 on file with the Division of Planning and Development; and 2) that the development adhere to the Nelson Overlay District regulations on the property described as: Tract 1A: That certain tract or parcel of land being described as com at the SW cor of the NW/4 of S25, T10S, R9W, Calcasieu Parish, Louisiana, the SW cor of herein described tract; Thence N 00 degs 53’ 01” E along the W line of said NW/4 for a distance of 570.00 feet, the NW cor of herein described tract; Thence S 89 degs 23’ 39” E, parallel with the S line of said NW/4 for a distance of 666.51 feet the NE cor of herein described tract; Thence S 00 degs 52’ 35” W a distance of 570.00 feet to the S line of said NW/4 the SE cor of herein described tract; Thence N 89 degs 23’ 39” W, along said S line, for a distance of 666.58 feet to the pob; subject to a public road right of way on the W side thereof. Herein described tract containing a total of 8.72 acres m/l. Herein described tract containing 8.04 acres m/l, of useable property. Tract 1B: That certain tract or parcel of land being described as com at the SW cor of the NW/4 of S25, T10S, R9W, Calcasieu Parish, Louisiana; Thence S 89 degs 23’ 39” E, along the S line of said NW/4 for a distance of 666.58 feet to the pob and SW cor of herein described tract; Thence N 00 degs 52’ 35” E for a distance of 570.00 feet, the NW cor of herein described tract; Thence S 89 degs 23’ 39” E, parallel with the S line of said NW/4 for a distance of 666.51 feet to the E line of the SW/4 of the NW/4 of said Section 25, the NE cor of herein described tract; Thence S 00 degs 52’ 08” W, along said E line, for a distance of 570.00 feet to the SE cor of the SW/4 of the NW/4 the SE cor of herein described tract; Thence N 89 degs 23’ 39” W, along the S line of said SW/4 of the NW/4 for a distance of 666.58 feet to the pob. Herein described tract containing 8.72 acres, more or less. Tract 2A (Road Right of Way): That certain tract or strip of land being described as com at the SW cor of the NW/4 of S25, T10S, R9W, Calcasieu Parish, Louisiana; Thence N 00 degs 53’ 01” E, along the W line of said NW/4 for a distance of 570.0 feet; Thence S 89 degs 23’ 39” E, parallel with the S line of said NW/4 for a distance of 44.70 feet to the E right of way line of Nelson Road, the pob and SW cor of herein described strip; Thence N 01 degs 00’ 56” W, along said E right of way line, for a distance of 22.15 feet to the beg of a curve to the right having a radius of 22873.31 feet and a Central angle of 01 degs 00’ 06”; Thence along said curve to the Right and along said E right of way line, for an angle of 00 degs 08’ 42”, for an arc length distance of 57.88 feet, the NW cor of herein described strip; Thence S 89 degs 23’ 39” E, parallel with the S line of said NW/4 for a distance of 402.05 feet, the NE cor of herein described strip; Thence S 00 degs 53’ 01” W, parallel with the W line of said NW/4 for a distance of 80.00 feet, the SE cor of herein described strip; Thence N 89 degs 23’ 39” W, parallel with the S line of said NW/4 for a distance of 400.00 feet to the pob. Herein described strip containing 32,103.16 square feet / 0.74 acres, m/l. Tract 2B (Road Right of Way): That certain tract or strip of land being described as com at the SW cor of the NW/4 of S25, T10S, R9W, Calcasieu Parish, Louisiana; Thence N 00 degs 53’ 01” E along the W line of said NW/4 for a distance of 570.00 feet; Thence S 89 degs 23’ 39” E, parallel with the S line of said NW/4 for a distance of 444.70 feet to the pob and SW cor of herein described strip; Thence N 00 degs 53’ 01” E, parallel with the W line of said NW/4 for a distance of 80.00 feet, the NW cor of herein described tract; Thence S 86 degs 07’ 22” E for a distance of 350.47 feet, the NE cor of herein described tract; Thence S 00 degs 53’ 01” W, parallel with the W line of said NW/4 for a distance of 60.00 feet, the SE cor of herein described tract; Thence N 89 degs 23’ 39” W parallel with the S line of said NW/4 for a distance of 350.00 feet to the pob. Herein described strip containing 24,500.00 feet / 0.56 acres, m/l. Tract 2C (Road Right of Way – Future Development). That certain tract of strip of land being described as commencing at the SW cor of the NW/4 of S25, T10S, R9W, Calcasieu Parish, Louisiana; Thence N 00 degs 53’ 01” E, along the W line of said NW/4 for a distance of 570.00’; Thence S 89 degs 23’ 39” E, parallel with the S line of said NW/4, for a distance of 794.70’ to the pob and SW cor of herein described strip; Thence N 00 degs 53’ 01” E, parallel with the W line of said NW/4, for a distance of 60.00’, the NW cor of herein described tract; Thence S 89 degs 23’ 39” E, parallel with the S line of said NW/4, for a distance of 538.30’ to the E line of the SW/4 of the NW/4 of said Section 25, the NE cor of herein described tract; Thence S 00 degs 52’ 08” W, along said E line, for a distance of 60.00’, the SE cor of herein described tract; Thence N 89 degs 23’ 39” W, parallel with the S line of said NW/4, for a distance of 538.32’ to the pob. Herein described strip containing 32,298.00 square feet / 0.74 acres, more or less.
Zoning Case RZ03-026-07
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. Andrepont, seconded by Dr. Mackey and carried unanimously that the following resolutions be adopted:
RESOLUTION
WHEREAS, notification has been received that an application for a Department of the Army Permit has been made to the U.S. Corps of Engineers, and an application for a Water Quality Certification (WQC) has been made to the Louisiana Department of Environmental Quality by Powell Timber Company to clear, grade, grub, excavate, and deposit approximately 186,340 cubic yards of on-site graded material, 160,494 cubic yards of excavated earthen material and 39,386 cubic yards of limestone aggregate fill to construct 219 single-family residential lots, 33 patio homes, 23 multi-family homes, 9.6 acres of retail area, entrance and access roads with an open ditch drainage system, sewer treatment facility, green space area, and two retention ponds with discharge structures, all to develop the Cypress Creek Estate residential and commercial development. Project implementation of the proposed action would take place on a 231 acre site that has recently undergone a timber harvest operation and construction activities associated with development of the tract would directly impact approximately 117.5 acres of jurisdictional wetlands. Said project is located off Cypress Lake Drive near the community of Moss Bluff, in Calcasieu Parish, Louisiana; and
WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Powell Timber Company relative to its compliance with current parish ordinances and provisions, such as zoning classification, flood zone regulations, coastal zone regulations, and required development permits, as well as its impact on the Parish Transportation System; and
WHEREAS, upon completion of evaluation, the staff of the Division of Planning and Development concluded there is no cause for objection to the permit application based on parish ordinances and provisions, provided all necessary permits are obtained from the Parish Division of Planning and Development prior to commencement of the project.
NOW THEREFORE,
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 18th day of October, 2007, that it does hereby indicate no objection to the proposal of Powell Timber Company to clear, grade, grub, excavate, and deposit approximately 186,340 cubic yards of on-site graded material, 160,494 cubic yards of excavated earthen material and 39,386 cubic yards of limestone aggregate fill to construct 219 single-family residential lots, 33 patio homes, 23 multi-family homes, 9.6 acres of retail area, entrance and access roads with an open ditch drainage system, sewer treatment facility, green space area, and two retention ponds with discharge structures, all to develop the Cypress Creek Estate residential and commercial development. Project implementation of the proposed action would take place on a 231 acre site that has recently undergone a timber harvest operation and construction activities associated with development of the tract would directly impact approximately 117.5 acres of jurisdictional wetlands. Said project is located off Cypress Lake Drive near the community of Moss Bluff, in Calcasieu Parish, Louisiana.
BE IT FURTHER RESOLVED that the no objection position of the Police Jury in this permit application is based solely on the evaluation of the parish staff of the project’s effect on current parish ordinances and provisions, provided said work meets with the rules and regulations of the Corps of Engineers and the Louisiana Department of Environmental Quality, subject to Best Management Practices during the course of construction as set forth by EPA guidelines, and approvals are received from all appropriate state and federal agencies, and further, that all necessary development permits are obtained from the Calcasieu Parish Division of Planning and Development prior to commencement of the project.
BE IT FURTHER RESOLVED that a study on the environmental impact of the aforementioned project has not been made due to lack of expertise of the parish staff to accomplish such a study, and the Police Jury requests that agencies and/or individuals with such expertise make an environmental review of said project and forward their findings to the U.S. Corps of Engineers.
THUS PASSED AND ADOPTED on the date above inscribed.
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RESOLUTION
WHEREAS, notification has been received that an application for a Department of the Army Permit has been made to the U.S. Corps of Engineers, and an application for a Water Quality Certification (WQC) has been made to the Louisiana Department of Environmental Quality by Wallace Nichols to clear, grub and grade a 149 acre tract and place approximately 120,193 cubic yards of on-site graded earthen material and approximately 6,337 cubic yards of hauled-in limestone aggregate, all to construct access roads and 97 homesites as necessary to implement the Coffee Forest residential subdivision. Project implementation would impact approximately 59.1 acres of jurisdictional wetlands. Said project is located at the end of Christy Drive, off Coffey Road, near Indian Bayou, Moss Bluff, in Calcasieu Parish, Louisiana; and
WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Wallace Nichols relative to its compliance with current parish ordinances and provisions, such as zoning classification, flood zone regulations, coastal zone regulations, and required development permits, as well as its impact on the Parish Transportation System; and
WHEREAS, upon completion of evaluation, the staff of the Division of Planning and Development concluded there is no cause for objection to the permit application based on parish ordinances and provisions, provided all necessary permits are obtained from the Parish Division of Planning and Development prior to commencement of the project.
NOW THEREFORE,
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 18th day of October, 2007, that it does hereby indicate no objection to the proposal of Wallace Nichols to clear, grub and grade a 149 acre tract and place approximately 120,193 cubic yards of on-site graded earthen material and approximately 6,337 cubic yards of hauled-in limestone aggregate, all to construct access roads and 97 homesites as necessary to implement the Coffee Forest residential subdivision. Project implementation would impact approximately 59.1 acres of jurisdictional wetlands. Said project is located at the end of Christy Drive, off Coffey Road, near Indian Bayou, Moss Bluff, in Calcasieu Parish, Louisiana.
BE IT FURTHER RESOLVED that the no objection position of the Police Jury in this permit application is based solely on the evaluation of the parish staff