Planning & Zoning Meeting – January 26, 2009

Council Zoning—February 18, 2009

Mailed to Metro 9 Members – February 3, 2009

 

 

MINUTES

 

METRO 9 MEETING – January 21, 2009

 

 

PRESENT:

 

Paulette Brown                       The Woods

Don Browning                         Rose Hill

Russell Comeaux                    Clearlake Estates

Frank Davis                            White Oak Trace

Jeanne Didier                                    Briarwood Estates

Nancy Glahn                           White Oak Landing

Henry Grace                           Shenandoah Estates

Jason Jacob                            Shenandoah North

Kathy McMurray                     Azalean Lakes

Kelli McNulty                          Woodridge

Lamar Melder                         Country Manor

Sondra Pilgreen                      Santa Maria

Sam Poole                               White Oak Estates

Joe Rohal                                Woodlawn Estates

Larry Rosendahl                     Hickory Ridge

Doug Scott                               Old Jefferson Crossing

 

 

The meeting was chaired by Councilman Joel Boé.  Emmanuel Zanders with the Planning Commission Office was in attendance.   The minutes of the December 3, 2008 Metro 9 Meeting were approved.

 

 

SW-10-08 Jones Creek Road (Tract X-1)

 

 

LOCATION      This property is located west of Jones Creek Road on Tract X-1. (Council District 9- Boé)

 

LOT/BLOCK NUMBER          68                       

 

            PARCEL ID NUMBER          1510680474

           

APPLICANT                             Robert Wilfert

 

PROPOSAL                              The applicant is requesting a waiver for an existing off-premise detached sign.

 

            ACTION REQUESTED              Approval of sign waiver

 

STAFF COMMENTS  

 

 

Metro 9 Meeting

January 21, 2009

Page 2

 

 

1.      Background The applicant is requesting a waiver for an existing off-premise detached sign.

 

2.      Access Public street.

 

3.      Waiver requested  The applicant is requesting a waiver of Chapter 16.15 (C) (3) (a) of the Unified Development Code (UDC), which states that Off-Premise Outdoor Advertising Signs shall be located a minimum of ten (10) feet (excluding embellishments) from any right-of-way line. The applicant is requesting a waiver of the setback requirements. 

 

4.      Justification The applicant states that due to the Green Light Plan for Jones Creek Road an existing Lamar Sign will need to be relocated. 

 

5.            Planning Commission Staff Recommendation The sign waiver requested is for an existing billboard sign that must be relocated as a result of the Green Light Plan Program. This sign would have remained in place had the road improvement project not displaced the billboard.

 

If the waiver is not granted and the sign cannot be replaced, the City-Parish could be financially liable not only for the value of the physical sign but also for some portion of the advertising revenue generated from the sign. If the sign is not relocated on the property in which it is currently located upon, the City-Parish may be liable for damages to the property owner as a result of lost rental income.

 

The Parish Attorney supports approval of the waiver because of the expropriation expense in the event that the sign could not be relocated. Therefore, the Planning Commission Staff recommends approval of the requested waiver.

 

6.            Scheduled for the Planning Commission meeting on January 26, 2009.

 

Michael Songy with CSRS was present representing the applicant, Robert Wilfert/Lamar Company.  The burden is on the City Parish to do this because of the Green Light Program.  A Lamar sign needs to be moved when the road is widened.  The city must negotiate with Lamar or be faced with legal damages.  There is no rezoning required for this case, just a sign waiver.  They need to put the sign back in the same situation it was before.  When the sign was originally built, it was in full compliance and grandfathered in when the codes changed.  The city parish is causing this action to have it moved. The same sign is to be moved.  Bob Nichol with Shenandoah North Plaza commented that he had to move his sign back 10 feet.  He asked if there would be a signal light placed there when the road was widened.  Joel commented that there would be a median with turn lanes, but no plans for a signal light.  There were no new signals planned for this portion of Jones Creek.   Joe Rohal said he would make a motion for approval only if the sign was of the same nature as the one now.  Emmanuel said that there is no stipulation in the code that it cannot be flashing, but there are certain regulations on the brightness of a sign.  The UDC does not prohibit a lighted sign.  The case wording says “existing sign”. Joe withdrew his motion.  Jason Jacob commented that he thought it shouldn’t be approved and “let the city deal with the lawsuit”.   Kelli McNulty made a motion to approve, seconded by Sondra Pilgreen.  The motion passed by vote of 9 yeas, 5 nays, 2 abstaining.

 

Metro 9 Meeting

January 21, 2009

Page 3

 

SW-11-08 3777 Jones Creek Road

 

 

LOCATION      This property is located east of Jones Creek Road north of Mary Louise Avenue. (Council District 9- Boé)

 

LOT/BLOCK NUMBER          68                       

 

            PARCEL ID NUMBER          1510680074

           

APPLICANT                             Robert Wilfert

 

PROPOSAL                              The applicant is requesting a waiver for an existing off-premise detached sign.

 

            ACTION REQUESTED              Approval of sign waivers

 

STAFF COMMENTS  

 

1.      Background The applicant is requesting a waiver for an existing off-premise detached sign.

 

2.      Access Public street.

 

3.      Waiver requested  The applicant is requesting a waiver of Chapter 16.15 (C) (3) (a) of the Unified Development Code (UDC), which states that Off-Premise Outdoor Advertising Signs shall be located a minimum of ten (10) feet (excluding embellishments) from any right-of-way line. Chapter 16.15 (B) (8) of the Unified Development Code (UDC), states that all off premise signs must be setback minimum distances from the property line of any property zoned A1- A2.7 Residential, Rural, SPUD, or PUD with A1 – A2.7 Residential land uses designated on the final development plan. The applicant is requesting waivers of the setback requirements and proximity to Rural zoning. 

 

4.      Justification The applicant states that due to the Green Light Plan for Jones Creek Road an existing Lamar Sign will need to be relocated. 

 

7.            Planning Commission Staff Recommendation The sign waiver requested is for an existing billboard sign that must be relocated as a result of the Green Light Plan Program. This sign would have remained in place had the road improvement project not displaced the billboard.

 

If the waiver is not granted and the sign cannot be replaced, the City-Parish could be financially liable not only for the value of the physical sign but also for some portion of the advertising revenue generated from the sign. If the sign is not relocated on the property in which it is currently located upon, the City-Parish may be liable for damages to the property owner as a result of lost rental income.

 

The Parish Attorney supports approval of the waiver because of the expropriation expense in the event that the sign could not be relocated. Therefore, the Planning Commission Staff recommends approval of the requested waiver.

Metro 9 Meeting

January 21, 2009

Page 4

 

         Companion Case 82-08

 

6.      Scheduled for the Planning Commission meeting on January 26, 2009.

 

 

 

            Case 82-08     Portion of a the Gilbert and Helen Aucoin 5 Acre Tract

(Specific proposed use is the relocation of a billboard for a Green Light Plan project)

 

LOCATION      This property is located on the east side of Jones Creek Road, north of Mary Louise Avenue. (Council District 9-Boé)

 

LAND USE CATEGORY      Low Density Residential

 

PRESENT ZONING             R (Rural)

 

REQUESTED ZONING        LC1 (Light Commercial One)      

 

LOT/BLOCK NUMBER      68

 

LOT ID NUMBER               1510680074

 

APPLICANT                       Robert Wilfert

 

STAFF COMMENTS

 

1.      Existing land use is public/semi-public.

 

         Surrounding land use includes low density residential and public/semi-public.

 

2.      Existing zoning is R (Rural).

 

         Surrounding zoning is R (Rural) and B1 (Transition).

 

3.      Size of subject property is .034 acres (1,511.53 square feet).

 

4.      Horizon Plan Statement The proposed rezoning is in Planning District 15.  The subject property is designated Low Density Residential land use on the “2010 Land Use Plan”.  The proposed rezoning from R (Rural) to LC1 (Light Commercial One) is not consistent with the “2010 Land Use Plan” but it is consistent with Goal LU10: The City-Parish shall provide opportunity for economic development.

 

5.     Rezoning Criteria Land use the same as, or similar to, that existing on properties next to, or across the street from, the site under consideration.

 

  1. Planning Commission Staff Recommendation The proposed rezoning to LC1 (Light Commercial One) is not consistent with the “2010 Land Use Plan” but is consistent with the surrounding land use character. Therefore, the Planning Commission Staff recommends to amend the “2010 Land Use Plan” from Low

 

 

Metro 9 Meeting

January 21, 2009

Page 5

 

  Density Residential to Light Commercial and to approve the requested rezoning     from R (Rural) to LC1 (Light Commercial One).

 

This is a companion to Case SW-11-08.

 

7.     Scheduled for Planning Commission Meeting on January 26, 2009

Scheduled for Metropolitan Council Zoning Meeting on February 18, 2009

 

 

Cases  SW-11-08 and 82-08 are companion cases and were heard together.  Michael Songy with CSRS spoke regarding these cases also.  This is similar to the previous case, but this one also requires rezoning from Rural to LC1 to bring it into conformity. The 2 waivers are for reduction of the setback, and proximity to Rural Zoning.  The rezoning is just for that small portion of the property where the sign will go.   A motion to approve was made by Jeanne Didier, seconded by Kelli McNulty, and the motion passed by a vote of 10 yeas, 5 nays, 1 abstaining.

 

 

 

            Case 89-08     19974 Thad Cain Lane

(Specific proposed use is speculative)

 

LOCATION      This property is located on the southeast side of Thad Cain Lane, west of Airline Highway. (Council District 9-Boé)

 

LAND USE CATEGORY      Low Density Residential

 

PRESENT ZONING             R (Rural)

 

REQUESTED ZONING        M1 (Light Industrial)       

 

LOT/BLOCK NUMBER      86

 

LOT ID NUMBER               1640861087

 

APPLICANT                       Dwayne Robinson

 

STAFF COMMENTS

 

1.      Existing land use is low density residential.

 

         Surrounding land use includes industrial, commercial, and transportation, communication and utilities.

 

2.      Existing zoning is R (Rural).

 

         Surrounding zoning is M1 (Light Industrial), LC2 (Light Commercial Two), R (Rural), and C2 (Heavy Commercial).

 

3.      Size of subject property is three (3) acres.

Metro 9 Meeting

January 21, 2009

Page 6

 

 

4.      Horizon Plan Statement The proposed rezoning is in Planning District 16.  The subject property is designated Low Density Residential land use on the “2010 Land Use Plan”.  The proposed rezoning from R (Rural) to M1 (Light Industrial) is not consistent with the “2010 Land Use Plan” but is consistent with Goal LU10: The City-Parish shall provide opportunity for economic development and Goal LU14: Coordinate land use planning to maintain and efficiently utilize existing infrastructure.

 

5.     Rezoning Criteria Land use the same as, or similar to, that existing on properties next to, or across the street from the site under consideration.

 

6.     Planning Commission Staff Recommendation The proposed rezoning to LC1 (Light Commercial One) is not consistent with the “2010 Land Use Plan” but is consistent with the surrounding land use character. Therefore, the Planning Commission Staff recommends to amend the “2010 Land Use Plan” from Low Density Residential to Industrial and to approve the rezoning from R (Rural) to M1 (Light Industrial).

 

There are no relevant zoning cases in this area within the last five (5) years.

 

7.     Scheduled for Planning Commission Meeting on January 26, 2009

Scheduled for Metropolitan Council Zoning Meeting on February 18, 2009

 

 

Joel recognized a letter that the applicant, Dwayne Robinson,  sent to the Metro 9 Committee Members.  The letter explained that Mr. Robinson is out of state and unable to attend.  He is representing his elderly grandfather who was too ill to attend.  The family would like to eventually sell the land, and the rezoning request is to make it in line with the numerous other commercial properties adjoining it and in the area.  A resident of Thad Cain attending the meeting asked if this would affect his tax-exempt status, and he was told no.  Doug Scott made a motion to approve, seconded by Jason Jacob, and it was approved by a vote of 12 yeas and 4 nays.

 

Under new business, Councilman Boé updated everyone on the Jones Creek project (Coursey to Tiger Bend).  The land acquisition began last week, and can take 6-9 months to complete.    The Jones Creek project (Coursey to S. Harrell’s Ferry, will begin in mid February.  The contractor will have 540 calendar days to complete.  It will be 4 lanes with a median, and include turn lanes.

 

Meeting adjourned.