MINUTES PLANNING COMMISSION April 13, 2011

Transcription

1 The below minutes are taken from the meeting to represent items addressed and actions taken by this board. All meetings are recorded with video and audio for our records. In the event these minutes are ever in question or controversy, the audio/video archive shall be used to determine the actual item or action taken by individuals present at this meeting. MINUTES PLANNING COMMISSION The Planning Commission of the Parish of Ascension held a Public Meeting on Wednesday, at 6:00 p.m. in the Courthouse East Meeting Room, Gonzales, Louisiana in a regular session convened: I. Meeting Called to Order by Chairman Chairman Michael Marchand called the meeting to order. II. Approval or Denial of the Proposed Agenda Commission Action: Moved by Mr. Robert Nance, seconded by Milton Clouatre, to approve the agenda as proposed. III. Roll Call of Members The following members were present for roll call: Mrs. Susana Zarazua-Gradine, Mr. John Esnard, Mr. Daniel Satterlee, Mr. Milton Clouatre, Mr. Michael Marchand, Mr. Robert Nance, Mr. Stephen Barrow, Mr. Howard Dalton The following members were absent for roll call: Mr. Julio Dumas IV. Approval or Denial of the Minutes of the March 9, 2011 Planning Commission Meeting Commission Action: Moved by Mr. Robert Nance, seconded by Mr. Daniel Satterlee, to approve the minutes of the March 9, 2011 Planning Commission meeting as presented.

2 Page 2 V. Public Comment Period Kathryn Goppelt Mrs. Goppelt spoke of the $28,000 proposed budget for the master plan and accused Parish President Tommy Martinez of not wanting to work with the people by not placing it on the Finance agenda for consideration of approval. VI. Public Hearing to Approve or Deny the Following Family Partitions: A) Ashram Ramgarib Property Lots 1-B-1-B-1 and 1-B-1-B-2 The subject property is located on the south side of Louisiana Highway 621 at the intersection of Mimosa Lane (40335 LA 621) in Council District 8 and is zoned Residential- Medium (RM). The application is on behalf of Ashram Ramgarib by Earles and Associates, LLC. The owner is proposing a Family Partition of Lots 1-B-1-B into Lot 1-B-1-B-1 (0.985 acres) and Lot 1-B-1-B-2 (0.506 acres). The applicant will be giving his mother Lot 1-B- 1-B-1. Both lots will be accessed from an existing forty (40) foot private access servitude that will be extended to Lot 1-B-1-B-2. The applicant is requesting a Family Partition so his mother may build a house on this lot. STAFF REVIEW COMMENTS Comments concerning plat dated 2/28/ Provide a twelve (12) foot utility servitude to every lot being created. Comment addressed. However, staff recommends the applicant run the utility servitude within the Private Access Servitude (Comment concerning plat dated 2/28/2011). 2. The Private Access Servitude needs a name cleared by the Addressing Coordinator. Per the surveyor, a name will be selected after the plat is approved by the Planning Commission. This name will need to be on the plat prior to signature (comment concerning plat dated 2/28/2011). 3. The required T-Turnaround needs to be placed at the end of the private access servitude; or variance requested. A variance for Section (C) is being requested, as to eliminate the T- Turnaround. (Concerning plat submitted 3/28/2011). 4. Correct the misspelling in the subdivision title block (concerning plat dated 2/28/2011). 5. Correct the flood zone on the map as to read A, instead of AF (concerning plat dated 2/28/2011). STAFF RECOMMENDATIONS Staff recommends approval of the variance for Section (C), as this is a private access existing servitude. Staff recommends approval of the Family Partition, contingent on comments 1, 2, 3, and 4 being addressed.

3 Page 3 Mr. James Falgout with Earles and Associates, LLC appeared to present this family partition. Commission Action: Moved Mr. Daniel Satterlee, seconded by Mr. Robert Nance, to approve this family partition with a variance to eliminate the T- Turnaround contingent upon the plat showing the Proposed 40 Private Servitude of Passage being extended across from Lot 1-B-1-B-2 over to Lot 1-B-1-B-1 and Private Access Servitude needs a name cleared by the Addressing Coordinator. B) Jane T. & Alton A. Rouyea Property Lots AR-3-A, AR-3-B, AR-4-A The subject property is located on the south side of Alton Rouyea Road, east of Louisiana Highway 44 (Burnside Avenue) approximately two-hundred feet from the intersection with Burnside Avenue at LA 44 in Council District 8 and is zoned Residential- Medium (RM). The application is on behalf of Alton Rouyea by Earles and Associates, LLC. The owner is proposing a Family Partition of Lots AR-3 and AR-4 into Lot AR-3-A (0.911), Lot AR-3-B (0.688 acres), Lot AR-4-A (1.094). The applicant will be giving all lots to his children. The new lots will be accessed by an existing forty (40) foot private access servitude (Alton Rouyea Road). The applicant is requesting a Family Partition so each child can own the lots. STAFF REVIEW COMMENTS Comments concerning plat dated 2/28/ Please provide a T-Turnaround at the end of Alton Rouyea Lane. The applicant is requesting a variance for LDC Section (C), as to eliminate the T-Turnaround. (Concerning comments submitted 3/31/2011). 2. On Lot AR-4-A, two units are present. This lot will have to be brought into compliance This unit is owned by Alton Rouyea s child, which is in conformance with the Land Development Code.

4 Page 4 STAFF RECOMMENDATIONS Staff recommends approval of the variance for Section (C), as this is an existing servitude. Staff recommends approval of the Family Partition, as all criteria in the Land Development Code have been met. Mr. James Falgout with Earles and Associates, LLC appeared to present this family partition. Commission Action: Moved by Mr. Milton Clouatre, seconded by Mr. Robert Nance, to approve this family partition as presented, with the variance request to eliminate the t-turnaround. C) Noel Property Lots 2, 1-C-1, JN-1, JN-2, JN-3 The subject property is located on the west side of Louisiana Highway 943, approximately half a mile south of Township Road (10099 Louisiana 943) in Council District 1 and is zoned Conservation (C). The application is on behalf of Dwayne Noel, Jack Noel, Jr., and Nila N. Jordan. Earles and Associates will be presenting this application. The owner is proposing a Family Partition of Lots 2, EG, 1-C, and JN into Lot 2-A (0.63 acres), Lot 1-C-1 (1.6 acres), Lot JN-1 (5.97 acres), Lot JN-2 (5.19 acres), and Lot JN-3 (5.97 acres). Lots 2, JN-1, JN-2, and JN-3 will have access on a proposed sixty (60) foot servitude, Katie Lane Extension. Lot 1-C-1 will continue to access Katie Lane. The applicants are requesting a Family Partition which will be given to the applicants children as described in the hardship letter. STAFF RECOMMENDATION Staff recommends approval of the Family Partition, as all criteria in the Land Development Code have been met. Mr. James Falgout with Earles and Associates, LLC appeared to present this family partition.

5 Page 5 Commission Action: Moved by Robert Nance, seconded by Mr. Milton Clouatre, to approve this family partition as presented. D) Pine Ridge, Second Filing Lots PR-3-A-1 and PR-3-A-2 The subject property is located on the west side of Louisiana Highway 431 at the intersection of Reeves Road (16131 LA 431) in Council District 9 and zoned Conservation (C). The application is on behalf of Kenny P. Poche by R. L. Bennett and Surveyors, LLC. The owner is proposing a Family Partition of Lot PR-3-A into Lot PR-3-A-1 (1.228 acres) and PR-3-A-2 (0.75 acres). The applicant is giving the lots to their son. Lot PR-3- A-2 will be accessed from an existing private servitude of passage. Lot PR-3-A-1 will continue to access Lakewood Avenue. The applicant is requesting a Family Partition due to the hardship as found in the hardship letter. STAFF REVIEW COMMENTS 1. The Private Access Servitude will need a name cleared by the Addressing Coordinator. 2. In lieu of each owner signing the plat, the applicant may provide a predial servitude agreement for the private access servitude. 3. Remove the T-Turnaround variance statement on the plat, as a variance is not being requested (concerning plat dated 3/30/2011). 4. Show all setback lines on the plat. Comment partially addressed. All setbacks need to be shown on the plat (concerning the plat dated 3/8/2011). STAFF RECOMMENDATIONS Staff recommends approval of the Family Partition, contingent on comments 1, 2, 3, and 4 being addressed. Mr. Ronnie Bennett with R. L. Bennett Engineer & Surveyor, Inc. appeared to present this family partition.

6 Page 6 Kathy Luter Ms. Luter, an adjacent property owner, had concerns about the fence that is erected in the 40 Private Servitude of Access. Lynn Marinelly Ms. Marinelly, an adjacent property owner, had concerns about there being drainage issues if the property is developed next to her. Floyd Melancon Mr. Melancon questioned how many lots were being created. Commission Action: Moved by Mr. Robert Nance, seconded by Mr. Stephen Barrow, to approve this family partition subject to applicant satisfying staff comments 1, 2, 3 and 4. E) The Estate of Lester Stephens, Sr. Lots 2-A-1-A, 2-B-1, C-1, V, W, X, Y, and Z The subject property is located on the south side of LA Highway 73 (Old Jefferson Highway), at the corner of Stevenson Road in Council District 3 and is zoned Conservation (C). The application is on behalf of Lester Stevens, Sr. Estate by W. J. Cointment Surveyors. The owner is proposing a Family Partition of Lot 2, Lot 2-A-1, Lot 2-B, Lot C, and an unnamed lot into Lot 2-A-1-A (2.593 acres), Lot 2-B-1 (2.60 acres), Lot C-1 (0.622 acres), Lot V (0.622 acres), Lot W (2 acres), Lot X (2.60 acres), Lot Y (1.99 acres), and Lot Z (2.60 acres). All lots will access either LA Highway 73 or Stevenson Road, with exception to Lot X, which will access a new thirty (30) foot Private Servitude of Passage, Joeanne Lane. The applicant is requesting a Family Partition due to the hardship as stated in the hardship letter attached. STAFF RECOMMENDATIONS Staff recommends approval of the Family Partition, as all criteria in the Land Development Code have been met. Mr. Clint Cointment with W. J. Cointment Surveyors appeared to present this family partition.

7 Page 7 Mr. Cointment explained this family partition is a court ordered survey. Commission Action: Moved by Mr. Milton Clouatre, seconded by Mr. Daniel Satterlee, to approve this family partition as presented. F) Curtis C. Young Estate Lots 2-B-3-A and 2-B-3-B The subject property is located on the east side of O Neal Road, approximately 700 feet north of Cannon Road (13084 O Neal Road) in Council District 9 and is zoned Residential-Medium (RM). The application is on behalf of Lorraine Young by WJ Cointment Surveyors. The owner is proposing a Family Partition of Lot 2-B-3 into Lot 2-B-3-A (1.37 acres) and Lot 2-B-3-B (2.57 acres) Lot 2-B-3-A will be kept in the estate, while Lot 2-B-3-B will be given to the applicant s granddaughter. This lot will be accessed by an existing thirtytwo (32) foot private access servitude, Young Court). The applicant is requesting a Family Partition as to allow the applicants Granddaughter to build a house on the lot. STAFF REVIEW COMMENTS Comments concerning plat dated 3/9/ A forty (40) foot private access servitude is required. A variance to reduce the servitude can be requested. A variance for Section (4) is being requested, as to reduce the servitude to thirty-two (32) feet. (Concerning plat submitted 3/28/2011). 2. The required T-Turnaround needs to be placed at the end of the private access servitude; or variance requested. A variance for Section (C) is being requested, as to eliminate the T- Turnaround. (Concerning plat submitted 3/28/2011). STAFF RECOMMENDATIONS Staff recommends approval of the variance for Section (4), as this is an existing private access servitude. Staff recommends approval of the variance for Section (C), as all criteria for the variance submittal have been met.

8 Page 8 Staff recommends approval of the Family Partition, as all criteria in the Land Development Code have been met. Mr. Clint Cointment with W. J. Cointment Surveyors appeared to present this family partition. Public hearing was closed Commission Action: Moved by Mr. Robert Nance, seconded by Mr. Milton Clouatre, to approve this family partition with both requested variances; (1) a variance to reduce the required 40-ft private access servitude to 32-ft, and (2) to eliminate the required T-Turnaround. G) Ronald J. Parr Property Lots RJP-1-A-1, RJP-1-A-2, RJP-1-A-3 The subject property is located on the south side of Louisiana Highway 74 at the intersection of Babin Road (38263 LA 74) in Council District 8 and is zoned Residential- Medium (RM). The application is on behalf of Ronald J. Parr by WJ Cointment Surveyors. The owner is proposing a Family Partition of Lot RJP-1-A into Lot RJP-1-A-1 (3.37 acres), Lot RJP-1-A-2 (1 acre), Lot RJP-1-A-3 (1.69 acres), Lot RJP-1-A-4 (7.95 acres). Lots will be given to Ronald Parr s son, daughter, and granddaughter, as depicted on the plat. All lots will access a forty (40) foot private access servitude (Lucien Lane), which will connect to Fernand Road. The applicant is requesting a Family Partition due to the hardship as to give their children and grandchildren land to build their house. STAFF REVIEW COMMENTS Comments concerning plat dated 3/9/ Ensure Lot RJP-1-A-4 has the correct amount of frontage for a division. Comment partially addressed. Please label the distance of the setback line to ensure compliance with the code (concerning plat dated 3/23/2011). 2. A T-Turnaround is required at the end of Lucien Lane. A variance for LDC Section (C) is being requested (concerning plat dated 3/23/2011). 3. In lieu of each owner signing the plat, the applicant may provide a predial servitude agreement for the private access servitude.

9 Page 9 STAFF RECOMMENDATIONS Staff recommends denial of the variance for Section (C), as this is a new private access servitude. Staff recommends approval of the Family Partition, contingent on a T-Turnaround being provided. Mr. Clint Cointment with W. J. Cointment Surveyors appeared to present this family partition. Public hearing was closed Commission Action: Moved by Mr. Stephen Barrow, seconded by Mr. Robert Nance, to approve this family partition subject to Staff Comments 1, 2 and 3 being addressed. VII. Public Hearing to Approve or Deny the Following Preliminary Plat Extension Request: A) Parker Place Estates Subdivision Located on the south side of Parker Road at Fontainebleau Drive for Livinjoy Ascension, LLC by GWS Engineering, Inc. (Council District 7) This 88 lot single family residential subdivision is being proposed on this acre tract which is zoned RM. The typical lot measures 70 x 150. All the lots will connect into the community sewer treatment system with the pump station to be located on Tract PS adjacent to Lot 42. The streets will be curb and gutter streets. This proposed development is adjacent to Shadows of Ascension and will have a common and/or shared detention pond with Shadows of Ascension. PROJECT HISTORY May 9, 2007 Planning Commission defers the Preliminary Plat. June 13, 2007 Plat approved contingent on the T-Turnaround being replaced with a culde-sac.

10 Page 10 June 8, 2009 Prior to original Preliminary Plan expiration, plat revised to indicate filings and their limits. Prior to revised Preliminary Plat expiration, an extension has been requested. Mr. Brandon Acosta with GWS Engineering, Inc. appeared on behalf of the developer to present this preliminary plat extension request. Mr. Acosta explained the approval of this plat will expire on June 8, 2011 and at this time they are requesting an extension of twelve (12) months due to the economic downturn in the real estate market. Commission Action: Moved by Mr. Robert Nance, seconded by Mr. Stephen Barrow, to approve the request for a twelve (12) month extension to this preliminary plat, expiring on June 8, VIII. Public Hearing to Recommend Approval or Denial to the Parish Council of the Following Servitude Revocation: A) George Rouyea Road Millie Gaudin Property Lot 1A To revoke entire 15-ft. Drainage Servitude (Council District 9) Applicant: Millie Gaudin Department of Public Works: No objection to the revocation of drainage servitude. Ms. Millie Gaudin, property owner, appeared to present this servitude revocation.

11 Page 11 Commission Action: Moved by Mr. Milton Clouatre, seconded by Mr. Robert Nance, to recommend approval to the Parish Council to revoke the 15-ft. drainage servitude running across Lot 1A of the Millie Gaudin Property. IX. Public Hearing to Recommend Approval or Denial to the Parish Council for the Following Private Road to be Accepted into the Parish Maintenance System: A) Rip Duplessis Road (Council District 10) From: Weber City Road (La Hwy 429) To: Dead End of Gravel Road No. of Homes: - Length: 1820 Width: 16 at Hwy at Rear Surface: Gravel R.O.W. and/or Servitude of Passage 30 Plat/Row Date: Note: Very poor drainage on most of road and no define drainage in some areas. One (1) large oak tree in right-of-way that will need to be removed to asphalt. Road will need to be tested for florolite. Staff Recommendation Based on the letter from Ricky Babin dated March 24, 1999 and the synopsis memo from Bob Turner, the road does not meet the minimum servitude width, 40-ft, or the minimum surface width, 16-ft, for the full length of the road. At this time, we do not recommend accepting Rip Duplessis Road into the Parish maintenance system.

12 Page 12 Mr. Jeff Gautreau, owner of property on Rip Duplessis Road, appeared to present this request for a private road to be accepted into the Parish Maintenance System. Mr. Gautreau briefed the Commission on the history of Rip Duplessis Road. He stated Rip Duplessis Road was created in Mr. Gautreau also explained there is an existing 40-ft wide access servitude from Hwy 429 to rear of property. Mr. Ricky Compton explained based on the presentation and the plat data demonstrated by Mr. Gautreau, it appears as though Rip Duplessis Road does meet the servitude width; therefore, that criteria seems to have been met. Mr. Compton also stated when the Department of Public Works inspectors went out to inspect the road; he said the road varies in width from 16-ft down to 9-ft; therefore it does not meet that criteria. It was also said there are trees and other things in the 40-ft servitude that would need to be cleared. Mr. Compton expressed it would be his interpretation that the 40-ft servitude width exists. He said the residence would have to satisfy the surface width requirement for the entire length of the road and would need to clean the 40-ft right-of-way to ensure the Parish isn t responsible for taking down trees, fence, etc. prior to actually being accepted. Mr. John Esnard expressed with the road mix having florolite in it, it will be very hard to ever stabilize and surface a new road. He also mentioned it would be very costly to remove the existing florolite mixture. Mr. Howard Dalton suggested the applicant go to the Department of Public Works and get recommendations from them as to how to bring this road to standard for acceptance. He said the Commission is only here tonight to make a recommendation of approval or denial to the Parish Council. Sharen L. Russell Ms. Russell stated Rip Duplessis Road, as it stands, is a health and safety hazard for the citizens that live on that road. Laurine Russell Mr. Russell also expressed Rip Duplessis Road is dangerous and is a health hazard due to poor drainage. Jeanette Duplessis Ms. Duplessis questioned if more property was going be taken from them for the 40 servitude of passage. She stated they cannot afford to lose any more of their property. Dennis Cullen Mr. Cullens explained an additional 40 servitude is not going to be needed. He stated he is in favor of the Commission recommending approval to the Parish Council.

13 Page 13 Adele Duplessis Ms. Duplessis stated she is willing to give up an additional 20 of her property if needed for this road to be accepted into the Parish Maintenance System. Commission Action: Moved by Mr. Howard Dalton, seconded by Mr. John Esnard, to recommend denial to the Parish Council for Rip Duplessis Road (Private Road) to be accepted into the Parish Maintenance System as it does not meet the minimum standards for taking Private Roads into the Parish Maintenance System. Yeas: John Esnard, Daniel Satterlee, Milton Clouatre, Robert Nance, Stephen Barrow, Howard Dalton Nays: Susana Zarazua-Gradine 6 Yeas, 1 Nays, 1 Absent and motion CARRIED. X. Committee Reports: A) Subdivision Ordinance Sub-Committee Mr. Clouatre stated they are currently working on making recommendations to the subdivision ordinance. The next scheduled meeting is Wednesday, April 20, 2011 at 5:00 p.m. in the Department of Public Works Conference Room. XI. New Business Mr. Michael Marchand announced the By Laws Sub-committee will hold a meeting Wednesday, April 20, 2011 at 4:00 p.m. in the Department of Public Works Conference Room. Mr. Marchand said the Master Plan Sub-committee met on April 4 th to discuss the budget issue. He stated Councilman George Valentine said he would see about getting the budget matter on the next Finance Committee agenda, if fails, he will have it placed on the next Council agenda. Mr. Marchand announced the Master Plan Sub-committee met again on April 11 th to review and revise the first ten (10) pages of the current master plan. The next scheduled Master Plan Sub-committee meeting is Monday, April 25, 2011 at 6 p.m. in the Department of Public Works Auditorium.

14 Page 14 XII. Adjourn Moved by Mr. Robert Nance, seconded by Mr. Milton Clouatre and unanimously adopted, the meeting adjourned at 7:40 p.m. Michael Marchand, Chairman