City of Lake Charles

Transcription

1 Planning and Zoning Commission 326 Pujo Street P.O. Box 900 Lake Charles, LA Monday, 5:30 PM Council Chambers OPEN MEETING Present George Cestia called the meeting of the Planning and Zoning Commission to order at approximately 5:30pm, and requested a roll call. George Cestia, Alvin Joseph, Vincent Lupo, and Frank Pryce Absent Excused David Berryhill, Thomas Sanders Jr., and James E. Sudduth III ROLL CALL Present Absent 2 - Excused 2 - Frank Pryce, George Cestia, Vincent Lupo, and Alvin Joseph David Berryhill, and James E. Sudduth III, and Thomas Sanders Jr. MINUTES OF PREVIOUS MEETING SPECIAL ANNOUNCEMENTS COMMISSION BUSINESS Mr. Cestia asked if there are any special announcements? Mr. Burguieres states that any person aggrieved by the decision of this Commission for a Major Conditional Use permit, Variance, or Special Exception may file a written appeal with the Director of Planning within (15) days of the decision of the commission. RES LAKE CHARLES ZONING ORDINANCE NO APPLICANT: MORGANFIELD DEVELOPMENT/CITY OF LAKE CHARLES SUBJECT: The applicant is requesting annexation approval of acres M/L, and generally described as E. McNeese Street (North & South 3500 Blk, East to Hwy 397). STAFF FINDINGS: The staff s review reveal that the annexation request is under review by the Tax Assessor and Registrar of Voters Office. The Department of Public Works and the Fire Department have reviewed the request and have no objection to this annexation. Additionally, the application is in compliance with annexation requirements set by the State of Louisiana. Mr. Burguieres informed the Commission the is a co-applicant on this request. Page 1

2 RES LAKE CHARLES ZONING ORDINANCE NO APPLICANT: MORGANFIELD DEVELOPMENT/CITY OF LAKE CHARLES SUBJECT: The is recommending a zoning classification of Residential (TND Overlay District), Mixed Use Zoning, and Business Zoning District to acres M/L, and generally described as E. McNeese Street (North & South 3500 Blk., East to Hwy 397). STAFF FINDINGS: The staff s comprehensive review of the area reveal that a zoning classification of a Business, Mixed Use, Neighborhood, and Residential Zoning District is compatible with the existing land uses and existing parish zoning of the area. Therefore, staff recommends approval. Mr. Burguieres informed the Commission the is a co-applicant on this request. RES LAKE CHARLES SUBDIVISION REGULATIONS APPLICANT: JOSE JESUS MALDONADO (ABIGAIL ESTATES) SUBJECT: Applicant is requesting Preliminary and Final Subdivision approval (Section 2.3 & 2.4), in order to re-plat an approved subdivision into 2 residential development tracts, within a Residential Zoning District. Location of the request is the Westside 1300 Blk. N. Grace Street. STAFF FINDINGS: The on-site and site plan reviews revealed that the proposed re-platting of a previously approved residential subdivision meets the minimum lot size and configuration set forth for a Neighborhood Zoning District. Staff recommends approval of the application on the condition applicants adhere to any recommendations by the Department of Engineering and Public Works. Mr. Clayton Fobbs (contractor) Mr. Fobbs stated the proposal is for two lots and will meet all city requirements. Page 2

3 RES LAKE CHARLES SUBDIVISION REGULATIONS APPLICANT: ACADIA LAND SURVEYING, LLC (PALMA PROPERTIES INVESTMENT SUB) SUBJECT: Applicant is requesting Preliminary and Final Subdivision approval (Section 2.3 & 2.4), in order to re-plat a acre tract of land into 2 Business development tracts, within a Business Zoning District. Location of the request is the Northeast corner of Ham Reid Nelson Road. STAFF FINDINGS: The on-site and site plan reviews revealed that the proposed re-platting of a acre tract of land meets the minimum lot size and configuration set forth for a Business Zoning District. Staff recommends approval of the application on the condition applicants adhere to any recommendations by the Department of Engineering and Public Works. N/A RES LAKE CHARLES SUBDIVISION REGULATIONS APPLICANT: CHRISTUS HEALTH SW LOUISIANA (CHRISTUS WOMENS WELLNESS) SUBJECT: Applicant is requesting Preliminary and Final Subdivision approval (Section 2.3 & 2.4), in order to re-plat a 7-acre tract of land into 6 Mixed Use development tracts, within a Mixed Use Zoning District. Location of the request is the Northside 1800 Blk. W. Sale Road. STAFF FINDINGS: The on-site and site plan reviews revealed that the proposed re-platting of an office park development tract meets the minimum lot size and configuration set forth for a Mixed Use Zoning District. Staff recommends approval of the application on the condition applicants adhere to any recommendations by the Department of Engineering and Public Works. Mr. Burguieres informed the Commission the Office of Zoning and Land Use has not received correspondence for or against this request. Ms. Sue Gay Vicellio (Stockwell Sievert Law Firm), 4201 W. Jevon Lane, Lake Page 3

4 Charles, LA Ms. Vicellio stated this request is in order to construct additional office spaces for Christus. RES LAKE CHARLES ZONING ORDINANCE NO APPLICANT: KODI SMITH SUBJECT: Applicant is requesting to amend the official zoning map from Residential District to a Business Zoning District in order to allow for future business expansion. Location of the request is the Westside 600 Blk. N. Colletta Street (rear of 619 Martin Luther King Hwy). STAFF FINDINGS: The applicant is requesting to re-zone a Residential zoned property to a Business Zoning District. The applicant is proposing to establish and construct future commercial retail uses on the development tract. Similar uses and retail properties are in the immediate area therefore staff recommends approval of the application. This application will be forwarded to the City Council at a later date for final action. Mr. Burguieres informed the Commission this request will go before the City Council for final action on September 19, Mr. Kodi Smith, 32 Timberly Drive, Lake Charles, LA Mr. Smith stated he wants to have the entire piece of property zoned Business and he has been paying taxes as if the entire property were zoned Business. Mr. Cestia asked if there is anyone opposed. Mr. Harold Hollermann, 613 N. Colletta Street, Lake Charles, LA Mr. Hollermann discussed his opposition to the request regarding junk vehicles and boat on property fronting N. Colletta Street; drainage; flooding; city cuts the property on N. Colletta Street side; and no room for commercial construction due to drainage ditch in rear of property. Mr. Smith stated the vehicles are licensed and insured and that the City does not cut grass. Ms. Margaret Mascoll, 601 N. Colletta Street, Lake Charles, LA Ms. Mascoll discussed her opposition to a business zoning stating N. Colletta Street is a Page 4

5 residential neighborhood and the property near ditch is collapsing. Mr. Cestia asked if Mr. Smith plans on building structure. Mr. Smith stated no. Mr. Cestia asked Mr. Burguieres about a fence. constructed up to property line. Mr. Burguieres stated it could be Mr. Cestia called for a vote. The motion failed by the following vote: Against: George Cestia Alvin Joseph, Vincent Lupo and Frank Pryce RES-MAJ LAKE CHARLES ZONING ORDINANCE NO APPLICANT: KODI SMITH SUBJECT: Applicant is requesting to amend the official zoning map from Residential District to a Business Zoning District in order to construct an auto service center business center. Location of the request is the Northside 2700 Blk. Broad Street. STAFF FINDINGS: The applicant is requesting to re-zone a Residential zoned property to a Business Zoning District. The applicant is proposing to establish and construct future commercial retail uses ad well as auto repair center on the development tract. Similar uses and retail properties are in the immediate area therefore staff recommends approval of the application. This application will be forwarded to the City Council at a later date for final action. Mr. Burguieres informed the Commission this request will go before the City Council for final action on September 19, Mr. Kodi Smith, 32 Timberly Drive, Lake Charles, LA Mr. Smith stated his plan is to construct a paint and body shop on the front half with possible retail use on the side and a tow yard behind the Dollar Store. Against: George Cestia, Vincent Lupo and Frank Pryce Alvin Joseph RES-MAJ LAKE CHARLES ZONING ORDINANCE NO APPLICANT: CHURCHMAN & ROBERTS DENTISTRY LLC SUBJECT: Applicant is requesting to amend the official zoning map from Residential District to a Mixed Use Zoning District in order to construct an accessory parking area supporting a dental office. Location of the request is the Rear of 509 Scarlett Street. Page 5

6 STAFF FINDINGS: The applicant is requesting to re-zone a Residential zoned property to a Mixed Use Zoning District. The applicant is proposing to establish and construct an employee parking area for Churchman and Roberts Dentistry. A minor encroachment will exist along the NW corner for approx.1 or 2 feet. Similar uses and retail properties are in the immediate area therefore staff recommends approval of the application on the condition proper screening is installed along the property lines abutting existing residential uses. This application will be forwarded to the City Council at a later date for final action. Mr. Burguieres informed the Commission this request will go before the City Council for final action on September 19, Mr. Landon Roberts (Ironclad Title), 1777 Ryan Street, Lake Charles, LA Mr. Roberts stated he would answer any questions. RES-MAJ LAKE CHARLES ZONING ORDINANCE NO APPLICANT: JONATHAN JIMNEY SUBJECT: Applicant is requesting to amend the official zoning map from Residential District to a Mixed Use Zoning District in order to construct six (6) attached residential dwelling units with private drive access. Location of the request is the Westside 5100 Blk. Big Lake Road. STAFF FINDINGS: The applicant is requesting to re-zone a Residential zoned property to a Mixed Use Zoning District. The applicant is proposing to establish and construct (6) townhome dwelling type units with a reduction in the 8ft buffer on the south PL to 3. This site is located on a State Corridor with multiple existing and proposed commercial and retail uses in the immediate area. Therefore staff feels this request falls reasonable. This application will be forwarded to the City Council at a later date for final action. Mr. Burguieres informed the Commission this request meets city standards and will go before the City Council for final action on September 19, Mr. Jonathan Jimney, 4402 Rue Elysee, Lake Charles, LA Mr. Jimney stated he would answer any questions. Mr. Cestia asked if there is anyone opposed. Mr. Garrett Carter, 3630 Salene Road, Lake Charles, LA Page 6

7 Mr. Carter discussed his opposition due to concerns for drainage and flooding. He also asked if this request could be approved without a rezoning. Mr. Burguieres stated that with a Mixed Use Zoning a Minor Conditional Use permit would be required for any commercial application; also for any request for additional units. Mr. Lupo asked if there would be any type of drainage pond. Mr. Jimney stated there is not in the design. He understands they may have to install some relief to get everything moving to the street. Mr. Burguieres stated because it is located on a state road they will probably review the drainage. Mr. Howard Zimmerman, 3616 Salene Road, Lake Charles, LA Mr. Zimmerman discussed his opposition due to concerns with drainage and standing water in the undeveloped area behind his home. Mr. Jimney stated he does not want to cause any additional drainage issues. MAJ LAKE CHARLES ZONING ORDINANCE NO APPLICANT: ARCHITECTS SOUTHWEST SUBJECT: Applicant is requesting a Major Conditional Use Permit in companion with a Planned Mixed Use Development (Sec 5-411) in order to construct executive offices, live work units, and light retail commercial, and small scale food service (coffee Shop) on a 3.01-acre tract of land, within a Residential Zoning District. Location of the request is the Southside 1200 Blk. W. Sallier Street (Terre Sainte Development). STAFF FINDINGS: The on-site and site plan reviews reveal the applicant is requesting to construct a Mixed Use townhome Development to include attached Class A townhome dwelling-units, live work units, and light commercial uses (per attached site plan) which falls within the allowable density for a Major Conditional Use Permit within a Residential Zoning District. Staff feels the proposed uses compliments the existing mixed planned development to the west and the proposed redesign of the Sallier Street Corridor and Port access Road. Therefore staff feels this request falls reasonable for passage. Mr. Burguieres clarified this is not a rezoning of the property; this is a conditional use which establishes this site plan and these specific uses for the property. Any modification or deviation from this application, would require applicant come back before this commission at a later date. Mr. Bill Hunter, Architects Southwest, 534 Jefferson Street, Lafayette, LA Mr. Hunter stated his company was hired last year to revisit the Terre Sainte site due to the rapid development trends happening around the Sallier corridor. This includes Walnut Grove and the Old Barbe Woods property across the street on W. Sallier Street. Page 7

8 Mr. Hunter stated his company held meetings with residents sharing plans and receiving comments. Mr. Hunter stated they offered a proposed direct new entry in the middle that would target the access to the very light imprint of commercial uses. We have proposed a mix of townhouse for sale units. Mr. Pryce asked about the setbacks. Mr. Hunter stated all structures would meet city setback requirements. Mr. Cestia asked if there is anyone opposed. Mr. Matt Keating, 1219 St. Anne Avenue, Lake Charles, LA Mr. Keating submitted petitions of opposition to the commission. Mr. Keating stated he purchased a lot within the subdivision which the developer descibed as a family community. Mr. Keating quoted several states of developer regarding residential neighborhood only. Mr. Keating discussed his opposition to commercial uses; traffic into neighborhood. Mr. John Pohorelski, 2030 Charvais Drive, Lake Charles, LA Mr. Pohorelski discussed his opposition to request and to rental units. Mr. Pohorelski stated the neighborhood understood Walnut Grove would not set precedent for commercial use on W. Sallier Street. He also stated Barbe Woods agreed to specific uses, such as offices. Mr. Cestia asked proponent to state name and address for the record. Ms. Amanda Spain, Attorney, Baker Donaldson (representing Terre Sainte) Ms. Spain stated she wrote the restrictions for Terre Sainte, as well as, Walnut Grove. Spain stated this design is a traditional neighborhood. Ms. Spain stated there is a separate entrance for the commercial so there would be no reason for traffic to travel to back of neighborhood. Ms. Spain stated the commercial uses would be executives offices, live work units, light commercial (i.e. boutique, coffee shop). Ms. Mr. Cestia asked Ms. Spain what she would tell the residents who bought a lot in a subdivision that is totally residential. Ms. Spain stated this is a neighborhood in development. Ms. Spain stated the covenants do allow for the developer to amend them until all the lots are sold. Mr. Lupo asked if a coffee shop opened and then closed, could any commercial business replace it. Mr. Burguieres stated it also would have to be a similar low impact commercial. Mr. Jonathan Johnson, 1214 St. Anne Avenue, Lake Charles, LA Ms. Johnson discussed his opposition to the commercial uses. Mr. Hunter commented on the number of letters of approval of this request. Mr. Cestia stated Mr. Hunter makes some good points, but he struggles with the fact that the developer is changing as he goes. Existing residents bought into what they believed would be strictly residential neighborhood. Page 8

9 0 Mr. Cestia called for a vote. The motion failed by the following vote: Against: VAR LAKE CHARLES ZONING ORDINANCE NO APPLICANT: EDDIE LEE BATCHAN SUBJECT: Applicant is requesting a Variance (Section 4-205) in order to construct an accessory 20X30 accessory storage building (15ft) that exceeds the height of the principal structure (12.6), within a Neighborhood Zoning District. Location of the request is 2240 Legion Street. STAFF FINDINGS: The on-site and site plan reviews revealed the detached accessory addition will exceed the height of the principal structure by approximately 2.5 M/L within a Neighborhood zoning district. Although there are existing non-conforming accessory structures in the immediate area, staff could find no evidence of hardship involved, therefore cannot forward a position of support. Accessory structure cannot exceed the height of the principal structure in Neiughborhood Zoning District. Mr. Eddie Batchan, 2240 Legion Street, Lake Charles, LA Mr. Batchan stated the reason for request is his house has a low pitched roof. VAR LAKE CHARLES ZONING ORDINANCE NO APPLICANT: VERONICA WILKINS SUBJECT: Applicant is requesting a Variance (Section 4-205) in order to construct an continuous curb cut (65 ) along the Alamo Street corridor (20 from the Enterprise Blvd intersection) and allow vehicles to back onto Alamo St., within a Mixed Use Zoning District. Location of the request is 2902 Enterprise Blvd. STAFF FINDINGS: The on-site and site plan reviews revealed the proposed continuous curb cut and elimination of the 10 landscape easement fails to meet the development standards for a Mixed Use Zoning District. Engineering staff will be reviewing the proposed traffic conflicts with the abutting intersection. Mr. Burguieres informed the Commission the applicant would like to defer this request to next month in order to make some changes to the site plan. Page 9

10 VAR LAKE CHARLES ZONING ORDINANCE NO APPLICANT: JOSHUA CADE VIDRINE SUBJECT: Applicant is requesting a Variance (Section 4-205) in order to construct an attached accessory carport addition 3 from the side yard property line vs 5 side yard setback, within in a Mixed Use Zoning District. Location of the request is 1806 Bilbo Street. STAFF FINDINGS: The on-site and site plan reviews revealed the carport cover structure will encroach 2 into the required 5 side yard setback. Although there are existing non-conforming accessory structures in the immediate area, staff could find no evidence of hardship involved, therefore cannot forward a position of support. Side yard setback requirement of 5 in Mixed Use District. Mr. Burguieres informed the Commission the Office of Zoning and Land Use has not received correspondence for or against this request. N/A VAR LAKE CHARLES ZONING ORDINANCE NO APPLICANT: SOUTHLAKE VILLAGE APARTMENTS, LLC SUBJECT: Applicant is requesting a Variance (Section 4-205) in order to construct a multi-family residential complex with a height variance of 39ft vs 35ft within in a Neighborhood Zoning District. Location of the request is the Westside 5500 Blk. Weaver Road. STAFF FINDINGS: The on-site and site plan reviews revealed the applicants are requesting to construct the approved multi-family residential complex with a mean roof height of 39ft vs the maximum height of 35 within a Neighborhood Zoning District. The developers are requesting the height increase to allow higher residential interior roof heights and a more residential roof line for the development. Max height allowed 35. Mr. Dan Flavin, 3221 Ryan Street, Lake Charles, LA Mr. Flavin stated the reason for the request is to construct a pitched roof versus a flat roof increasing ceiling height. Mr. Cestia asked if there is anyone opposed. Dr. Nazim, 5627 Lutte Tigre, Lake Charles, LA Page 10

11 Dr. Nazim discussed his opposition to three story apartments; no privacy; and flooding. Mr. Rick Robinson, 2542 South Point Drive, Lake Charles, LA Mr. Robinson stated the City Council approved the apartment complex with a 33ft. roof height. Mr. Robinson stated he felt the apartment complex is affecting his subdivision negatively. Mr. Robinson discussed his concerns regarding buffering. Mr. Cestia stated he understands Mr. Robinson is opposed to the development; however the apartment complex has already been approved. This request only deals with the height of the roof. Mr. Cestia stated it does not increase the number of units of anything like that. Mr. Robinson stated now the windows would be higher. Mr. Flavin stated the roof will not be any higher; only the pitch of the roof. Mr. Flavin stated the windows will not be higher. Mr. Burguieres stated buffers are in construction drawings and must meet city requirements. Dr. Nazim asked how others would feel about a three story apartment complex next to them. Mr. Flavin stated he lives next door to an apartment complex and has no issues. Against: George Cestia, Alvin Joseph and Vincent Lupo Frank Pryce VAR LAKE CHARLES ZONING ORDINANCE NO APPLICANT: GEORGE MURPHY SUBJECT: Applicant is requesting a Variance (Section 4-205) in order to construct an attached carport addition 19 and 25 respectively from the front property line vs. the 30 front yard setback, within a Residential Zoning District. Location of the request is 410 Central Parkway. STAFF FINDINGS: The on-site and site plan reviews revealed the construction of an attached open carport fails to meet the front setback requirements for an attached carport addition. The front property line angle lends itself to supporting the front setback reduction for the structure. Mr. George Murphy, 410 Central Parkway, Lake Charles, LA Mr. Murphy stated the structure will be 46' and 50' from the street. Page 11

12 OTHER BUSINESS ADJOURN MEETING ADJOURNED. APPROVAL OF THE MINUTES: David Berryhill, Chairman Lake Charles Planning and Zoning Commission Doug Burguieres, Asst. Director Office of Zoning & Land Use Page 12