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 Chairman David Berryhill called the meeting of the Planning and Zoning Commission to order at approximately 5:30pm, and requested a roll call. Mr. Joseph led the meeting in prayer. Mr. Berryhill led the Pledge of Allegiance. ROLL CALL Present Alvin Joseph, David Berryhill, Frank Pryce, Gus Schram III, and Fayaz Khan Absent 0 Excused Vincent Lupo, Thomas Sanders Jr., and Wilfred Clophus MINUTES OF PREVIOUS MEETING SPECIAL ANNOUNCEMENTS COMMISSION BUSINESS Chairman David Berryhill asked if everyone received a copy of the minutes from the previous meeting. Mr. Pryce made a motion to accept the minutes. Mr. Schram seconded the motion. All were in favor. Chairman David Berryhill 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 SUBDIVISION REGULATIONS APPLICANT: JCC INVESTMENTS (LAKEWOOD POINTE SUBDIVISION) SUBJECT: Applicant is requesting Preliminary Subdivision approval (Section 2.3), in order to subdivide a 14-acre tract of land into forty-nine (49) single-family residential lots within a Residential Zoning District. Location of the request is the Eastside 5400 Blk. Lake Street. STAFF FINDINGS: The on-site and site plan reviews revealed the proposed subdivision to be used for single-family residential homes would exceed the minimum development standards for subdivision approval. Staff is recommending approval on the condition sidewalks are installed in compliance with the regulations and the eastern end of the cul-de-sac terminates abutting vacant property to allow future roadway extensions to the east. Staff is requesting construction documents be submitted within 6 months of approvals. Mr. Burguieres informed the Commission the Office of Zoning and Land Use has not Page 1

2 received correspondence for or against this request. Mr. Chad Snider, 132 Arlington Drive, Lake Charles, LA Mr. Snider stated when the property was purchased, LA DOTD had issues with ingress/egress into subdivision. Mr. Snider stated they have since decreased the density within this phase of subdivision. RES-MAJ LAKE CHARLES ZONING ORDINANCE NO APPLICANT: WILLIE KING JR. SUBJECT: Applicant is requesting to amend the official zoning map from Neighborhood Zoning District to a Business Zoning District in order to construct a self-storage facility. Location of the request is 1611 Gerstner Memorial Drive (Rear). STAFF FINDINGS: The applicant is requesting to re-zone a Neighborhood zoned property to a Business Zoning District. The applicant is proposing to establish and construct a climate controlled mini self-storage facility at the rear of the existing Kings Funeral Home. This site is located on the MLK 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 the Office of Zoning and Land Use has received an inquiry from neighbor in the rear. Mr. Willie King, 1611 Gerstner Memorial Drive, Lake Charles, LA Mr. King stated he was told the rear of his property is currently zoned residential. He stated he is requesting the rezoning in order to make the rear usable property. Mr. King stated access would be from Gerstner Memorial Drive and he plans to fence off the rear of property. Mr. Khan asked the height of proposed fence. Mr. King stated 8ft. Page 2

3 RES-MAJ LAKE CHARLES ZONING ORDINANCE NO APPLICANT: GUIDRY PROPERTY DEVELOPMENT, LLC SUBJECT: Applicant is requesting to amend the official zoning map from Residential Zoning District to a Mixed Use Zoning District in order to construct seven (7) single-family detached dwelling units with bufferyard reductions. Location of the request is the Northwest corner 3rd Avenue. 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 seven (7) single family detached residential structures with a bufferyard reduction along the west and NW property line. This site is located along the 6th Ave corridor with existing Mixed Use properties and uses on the East side of the corridor. 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 the Office of Zoning and Land Use has not received correspondence for or against this request. Mr. Jody Guidry, Mr. Guidry stated he purchased three lots to construct seven homes fronting 6th Avenue. The homes will be three bedroom, two bath, and possibly Section 8. Chairman Berryhill asked if there is anyone opposed. Chairman Berryhill asked opponent to state name and address for the record. Mr. Wilton Redd, owns th Avenue, Lake Charles, LA Mr. Redd stated he doesn't feel seven units will fit on property, nor in the neighborhood. Mr. Guidry stated he does extensive background checks on any tenants and he feels the City is in need of affordable housing. Mr. Guidry stated he will install landscaping and a fence. Against: 2 - David Berryhill, Gus Schram III and Fayaz Khan Alvin Joseph and Frank Pryce RES-MAJ-VA R LAKE CHARLES ZONING ORDINANCE NO APPLICANT: TANVEER A. CHAUDHRY SUBJECT: Applicant is requesting to amend the official zoning map from a Neighborhood Zoning District to a Mixed Use Zoning District in order to construct seven (7) attached dwelling units with bufferyard reductions. Location of the request is the Southside 100 Blk. Eddy Street (Betw. 135 & 149). Page 3

4 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 seven (7) single family attached residential structures with a bufferyard reduction along the west and south property line. This site is bordered by single family uses to the west and south and Mixed Uses and multi-family developments to the east. 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 the Office of Zoning and Land Use has received two letters of opposition to this request. Mr. Tanveer Chaudhry, 5146 W. Worthington Drive, Lake Charles, LA Mr. Chaudhry stated he would like to construct seven townhome rental units. Mr. Chaudhry stated there is plenty of parking for each unit. Mr. Burguieres stated the dumpster will be required to be screened. the entire property would be fenced. Mr. Chaudry stated Mr. Schram asked if there would be a fence installed. Mr. Chaudhry stated yes. Against: David Berryhill, Frank Pryce, Gus Schram III and Fayaz Khan Alvin Joseph RES-VAR LAKE CHARLES SUBDIVISION REGULATIONS APPLICANT: HP FONTENOT BUILDERS LLC (KINGSLEY POINT SUBDIVISION) SUBJECT: Applicant is requesting Preliminary and Final Subdivision approval (Section 2.3 & 2.4), in order to re-plat a.22 acre M/L tract of land into 4 residential development tracts (with lot size variances), within a Neighborhood Zoning District. Location of the request is the Southwest corner Kingsley Elder Street. STAFF FINDINGS: The on-site and site plan reviews revealed the proposed re-subdivision for the re-platting of an single development tract into four (4) tracts fails to meet the minimum lot size requirement for the district. Additionally, the proposed structures would fail to meet the front yard setback and street side setback for a Neighborhood Zoning District. The variance request is to allow the sale of each residential dwelling unit. Mr. Hershell Fontenot, 3435 Necess Road, Lake Charles, LA Mr. Fontenot stated he wants to sell the homes. Mr. Pryce asked about parking. an additional parking space. Mr. Fontenot stated each will have a one car garage and Page 4

5 Chairman Berryhill asked if there is anyone opposed. Chairman Berryhill asked opponent to state name and address for the record. Mr. Tony Guillory, 128 Kingsley Street, Lake Charles, LA Mr. Guillory discussed his opposition to the density. Mr. Fontenot stated he has done something similar elsewhere and it worked. stated he would limit it to three if necessary. He also Mr. Schram made a motion to amend the request to three lots vs. four. seconded the motion. All were in favor. Mr. Joseph RES LAKE CHARLES SUBDIVISION REGULATIONS APPLICANT: SOUTHLAKE MEDICAL LLC (SOUTHLAKE MEDICAL SUBDIVISION) SUBJECT: Applicant is requesting Preliminary and Final Subdivision approval (Section 2.3 & 2.4), in order to re-subdivide a acre tract of land into 2 development tracts, within a Residential and Neighborhood Zoning Districts. Location of the request is the Northwest corner of Weaver Ham Reid Road. STAFF FINDINGS: The on-site and site plan reviews revealed that the proposed re-platting an approved medical/assisted living development meets the minimum lot size and configuration set forth for a Residential 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 this request is a replatting of the property for financial purposes. Mr. Dan Flavin, 1916 Wilmax Street, Lake Charles, LA Mr. Flavin stated the request is to subdivide the property into two different tracts for a medical office facility in the front and assisted living in the back. Page 5

6 RES LAKE CHARLES SUBDIVISION REGULATIONS APPLICANT: WHITE TAIL PROPERTIES (MONTGOMERY SUBDIVISION) SUBJECT: Applicant is requesting Preliminary and Final Subdivision approval (Section 2.3 & 2.4), in order to re-subdivide a 4.6 acre tract of land into 3 Mixed Use development tracts, within a Mixed Use Zoning District. Location of the request is 2906 McNeese Farm Road. STAFF FINDINGS: The on-site and site plan reviews revealed that the proposed re-platting of Mixed Use 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. Ms. Kristy Hardee, 2205 Hodges Street, Lake Charles, LA Ms. Hardee stated she would answer any questions. RES LAKE CHARLES SUBDIVISION REGULATIONS APPLICANT: MORGANFIELD PARTNERS, LLC (COVE AT MORGANFIELD, PHASE 1) SUBJECT: Applicant is requesting Final Subdivision approval (Section 2.4), in order to subdivide a acre tract of land into seventy-seven (77) single-family residential lots, within a Residential/TND Zoning District. Location of the request is the Southside 3200 Blk. E. McNeese Street. STAFF FINDINGS: The on-site and site plan reviews revealed the proposed re-subdivision to be used for Residential development tracts would exceed the minimum development standards for subdivision approval. Additionally, the setbacks and lot size minimums are consistent with the TND overlay district standards. Public Works staff is currently reviewing infrastructure improvements for compliance with design standards. Any approvals are conditioned on the applicant adhere to any front footage assessments or infrastructure improvements set forth by the Department of Engineering and Public Works. Ms. Bonnie Anderson,(Southern Lifestyle), Lafayette, LA Ms. Anderson stated she would answer any questions. Page 6

7 RES LAKE CHARLES SUBDIVISION REGULATIONS APPLICANT: MORGANFIELD PARTNERS, LLC (CREST AT MORGANFIELD, PHASE 4) SUBJECT: Applicant is requesting Preliminary Subdivision approval (Section 2.3), in order to subdivide a acre tract of land into ninety-five (95) single-family residential lots, within a Residential/TND Zoning District. Location of the request is the Eastside 4700 Blk. Corbina Rd. STAFF FINDINGS: The on-site and site plan reviews revealed the proposed re-subdivision to be used for Residential development tracts would exceed the minimum development standards for subdivision approval. Additionally, the setbacks and lot size minimums are consistent with the TND overlay district standards. Public Works staff is currently reviewing infrastructure improvements for compliance with design standards. Any approvals are conditioned on the applicant adhere to any front footage assessments or infrastructure improvements set forth by the Department of Engineering and Public Works. Ms. Bonnie Anderson,(Southern Lifestyle), Lafayette, LA Ms. Anderson stated she would answer any questions. MAJ LAKE CHARLES ZONING ORDINANCE NO APPLICANT: IRMA YOLANDA ROMERO DE TEO SUBJECT: Applicant is requesting a Major Conditional Use Permit (Sec 5-303(3)(B)(V)) in order to establish a rice manufacturing and shipping use, within a Mixed Use Zoning District. Location of the request is 2701 Industrial Ave. STAFF FINDINGS: The on-site and site plan reviews revealed that the applicant is requesting to re-establish a warehouse use with indoor storage area within a Mixed Use Zoning District. Staff feels the use, intensity, and layout are consistent with the previous use of the property as a Warehouse for the Industrial Ave Corridor. Therefore, staff recommends approval of the application. Mr. Burguieres informed the Commission the Office of Zoning and Land Use has received verbal opposition. Mr. Burguieres also stated he believes the applicant held a meeting with councilman and neighbors in the area. Page 7

8 Mr. Dan Flavin, 1916 Wilmax Street, Lake Charles, LA Mr. Flavin stated the previous carbon business had black dust and they have since moved out. A new RV & boat storage business will be in the rear. The front building is being leased to a self-contained rice dryer business. Mr. Flavin stated they met with neighbors and Councilman Rodney Geyen on Friday. The business will run 8am - 5pm; a forklift may move around at night. He stated there will be no dust; it is self-contained. Mr. Pryce asked about the lease. month. Mr. Flavin stated it is for one year and then month to Mr. Schram asked about the technology that allows for no dust. Chairman Berryhill asked proponent to state name and address for the record. Mr. Robert Cramer, 121 Gertrude Cramer Lane, Rayne, LA Mr. Cramer stated the conveyors are completely sealed and we have a dust collector. There is a mister to keep any dust down and sustained. Mr. Pryce asked if dust would get outside. Mr. Cramer stated no because all the work is done inside. Chairman Berryhill asked if there is anyone opposed. Chairman Berryhill asked speaker to state name and address for the record. Ms. Carrie Withers, 2729 N. General Wainwright, Lake Charles, LA Ms. Withers discussed the previous carbon property that created black coke dust and created problems in the neighborhood. Ms. Withers stated there are other businesses in Industrial Avenue that have not caused any issues. She stated she does not have a problem with this business coming into the neighborhood; however she would like two stipulations made: no dust and no noise. Mr. Pryce asked if these can be done. Mr. Corey Rubin stated there is a noise ordinance and the dust would fall under DEQ regulations. He stated if applicant wants to agree to that, it s okay. Mr. Flavin stated there are no machines outside the building. We agreed we have no dust; it is self-contained in the building. Any mist will eliminate dust. Against: David Berryhill, Frank Pryce, Gus Schram III and Fayaz Khan Alvin Joseph VAR LAKE CHARLES ZONING ORDINANCE NO APPLICANT: JCC INVESTMENTS SUBJECT: Applicant is requesting a Variance (Section 4-205) in order to construct single-family residential homes with a front setback of 15 vs the required 30, within a Residential Zoning District. Location of the request is the Eastside 5400 Blk. Lake Street. (proposed Lakewood Point Sub.). Page 8

9 STAFF FINDINGS: The on-site and site plan reviews revealed the construction of single-family structures within the proposed single family Subdivision would exceed the minimum develop standards except for the requested front yard setback reduction of 15 vs 30 front yard. The applicant is designing a single family home product that is consistent with previously approved developments in the immediate area. This variance would apply to all lots within the subdivision. Mr. Burguieres informed the Commission the Office of Zoning and Land Use has not received correspondence for or against this request. Mr. Chad Snider, 132 Arlington Drive, Lake Charles, LA Mr. Snider stated when the property was purchased, LA DOTD had issues with ingress/egress into subdivision. Mr. Snider stated they have since decreased the density within this phase of subdivision. Mr. Berryhill asked if there would be garages. Mr. Snider stated yes. Mr. Berryhill asked if there would be room for a 15' front setback with sidewalk. Mr. Snider stated he felt the driveway would provide enough room for a vehicle and avoid sidewalk. VAR LAKE CHARLES ZONING ORDINANCE NO APPLICANT: PERRY VINCENT SUBJECT: Applicant is requesting a Flood Variance [Article (IV) Section D] in order to construct a new office building and communication center which qualifies as a significant improvement within Flood Zone AE, approximately twelve inches (12 ) below the Base Flood Elevation (BFE) requirement of 14 MSL. Location of the request is 701 Martin Luther King Hwy. STAFF FINDINGS: The on-site and site plan reviews revealed that the applicant is requesting to construct a new office addition approximately twelve (12) inches below the required BFE of 14. The adjoining properties and structures in the area are classified as Pre-FIRM and are not in compliance with the current floodplain regulations in force. The staff and applicants feel any additional increase in the elevation of the property may negatively impact the adjoining properties related to storm water discharge and building access of the existing facilities as well the location near the regulator floodway. Finally, the applicant has been advised that flood insurance premiums shall be commensurate with the actual elevation of the structure for the life of the structure. Staff finds the request to be reasonable and acceptable for passage on the condition that all exterior mechanical equipment meets or exceeds the minimum BFE requirements. Page 9

10 Mr. Perry Vincent, 701 Martin Luther King Hwy, Lake Charles, LA Mr. Vincent stated he is trying to expand his operation. built in compliance with FEMA in He stated the original building was Mr. Burguieres stated the variance covers both buildings. VAR LAKE CHARLES ZONING ORDINANCE NO APPLICANT: STEFAN STEVENS SUBJECT: Applicant is requesting a Variance (Section 4-205) in order to construct a 2,000s.f. accessory storage building without a primary structure on the lot, within a Neighborhood Zoning District. Location of the request is 107 S. Prater Street. STAFF FINDINGS: The on-site and site plan reviews revealed the construction of an accessory storage building without a principal structure on the development tract would be inconsistent with the development standards for 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 exist without a principal structure on the lot). Mr. Burguieres informed the Commission the Office of Zoning and Land Use has not received correspondence for or against this request. Mr. Stefan Stevens, 449 Bruce Circle, Lake Charles, LA Mr. Stevens stated he is working on plans to meet city standards and would like to withdraw the request. This item was deleted from the agenda. VAR LAKE CHARLES ZONING ORDINANCE NO APPLICANT: H. CURTIS VINCENT SUBJECT: Applicant is requesting a Variance (Section 4-205) in order to construct a restaurant kitchen addition 3 from the north side property line, within a Business Zoning District. Location of the request is 3716 Ryan Street. STAFF FINDINGS: The on-site and site plan reviews revealed the construction of a side addition for a new commercial restaurant kitchen fails to meet the requirement of 5 from the side property line in a Business Use Zoning District. Although this is a minimal impact on the abutting property and there are existing non-conforming setback structures in the immediate area, staff could find no evidence of hardship involved, therefore cannot forward Page 10

11 a position of support. Mr. Burguieres informed the Commission the Office of Zoning and Land Use has not received correspondence for or against this request. N/A Chairman Berryhill stated that due to applicant being absent, this request would be deferred to next month's meeting. VAR LAKE CHARLES ZONING ORDINANCE NO APPLICANT: D.R. HORTON INC./GULF COAST SUBJECT: Applicant is requesting a Variance (Section 4-205) in order to maintain a side setback for a residential structure 3.5 from the side property line, within a Residential Zoning District. Location of the request is 3162 Asbury Circle. STAFF FINDINGS: The on-site and site plan reviews revealed the construction of a new single family structure fails to meet the side yard setback of 5 from the property line in a Residential Zoning District. This is a minimal impact on the abutting property and the pie shaped configuration of the lot would require the structure to be pushed back beyond the existing residential structures to the north and south. Therefore staff feels the request falls reasonable. N/A Mr. Burguieres informed the Commission the house has already been constructed and the mistake was found after final survey was done. VAR LAKE CHARLES ZONING ORDINANCE NO APPLICANT: DOMMAR HIJAZI SUBJECT: Applicant is requesting a Variance (Section 4-205) in order to construct a drive thru restaurant facility with a parking lot landscape reduction along the east and south property line to 0 ; and 5 vs 10 along the public ROW abutting 15th and Ryan Street. Page 11

12 Additionally, a driveway entrance along 15th Street 28 from the intersection of Ryan Street vs the 150 ft distance requirement. Location of the request is the Southeast corner Ryan 15th Street. STAFF FINDINGS: The on-site and site plan reviews revealed the construction of a restaurant with drive thru facility fails to meet the landscape buffer requirements abutting the adjoining properties and the two public ROW s within a Business Zoning District. Although this is a minimal impact on the abutting property and there are existing non-conforming setback structures in the immediate area, staff could find no evidence of hardship involved, therefore cannot forward a position of support. Mr. Burguieres informed the Commission that the LA DOTD is not allowing access from Ryan Street. Mr. Dommar Hijazi, 5138 W. Worthington Drive, Lake Charles, LA Mr. Hijazi stated DOTD denied access from Ryan Street; therefore they moved the building on the property in order to allow for a drive-thru. Mr. Hijazi stated the abutting property on 15th Street is a business also. Mr. Schram asked why the elimination of buffer on the Eastside of property. Mr. Hijazi stated it is to allow the drive-thru and an additional exit lane. Mr. Schram stated he felt there would be room enough to still have a small buffer. Mr. Hijazi stated if he is putting up a fence on the Eastside there is no reason to spend the extra expense of landscaping between vehicle and fence. VAR LAKE CHARLES ZONING ORDINANCE NO APPLICANT: MORGANFIELD PARTNERS, LLC SUBJECT: Applicant is requesting a Variance (Section 4-205) in order to construct single family residential homes with a front setback of 15 vs the required 30 and lot coverage of 50% vs maximum allowed 40%, within a Residential Zoning District. Location of the request is the Eastside 4700 Blk. Corbina Road. (Crest at Morganfield Phase 4) STAFF FINDINGS: The on-site and site plan reviews revealed the construction of single-family structures within the proposed Crest at Morgan Field Subdivision would exceed the minimum develop standards except for the requested front yard setback reduction of 15 vs 30 front yard and up to 50% of lot coverage with buildings. The applicant is designing a single family home product that is consistent with the development plan for the Morgan Field Master Planned Community. This variance would apply to all lots within the subdivision. Page 12

13 Ms. Bonnie Anderson,(Southern Lifestyle), Lafayette, LA Ms. Anderson stated she would answer any questions. VAR LAKE CHARLES ZONING ORDINANCE NO APPLICANT: JEFF OLIVIER SUBJECT: Applicant is requesting a Variance (Section 4-205) in order to construct a detached accessory storage building that exceeds the height of the principal structure, within a Residential Zoning District. Location of the request is 1016 Paris Street. STAFF FINDINGS: The on-site and site plan reviews revealed the attached accessory addition will exceed the height of the principal structure by approximately 6 M/L within a residential zoning district. This application was approved in January 2018 but the applicant failed to secure the property permits within the 6 month time limit authorized by code. The application is requesting an additional approval for the previously approved variance request. The accessory structure received unanimous approval in January Mr. Burguieres informed the Commission the Office of Zoning and Land Use has not received correspondence for or against this request. Mr. Jeff Olivier, 1016 Paris Street, Lake Charles, LA Mr. Olivier stated time was the issue. OTHER BUSINESS ADJOURN MEETING ADJOURNED. APPROVAL OF THE MINUTES: Page 13

14 David Berryhill, Chairman Lake Charles Planning and Zoning Commission Doug Burguieres, Asst. Director Office of Zoning & Land Use Page 14