Land Use Commission

August 19, 2024 The Land Use Commission of the City of Sulphur, Louisiana, met in regular session at its temporary meeting place located at 1551 East Napoleon Street, Sulphur, LA, held at 5:30 p.m., on the 19th day of August, 2024, after full compliance with the convening of said meeting with the following members present: TROY DARBY, Land Use Commission District 2 VERONICA ALLISON, Land Use Commission District 3 EDDIE LEBLANC, Land Use Commission District 4 ABSENT - LENORE CARROLL, Land Use Commission District 1 JONATHAN BRAZZELL, Land Use Commission of District 5 After the meeting was called to order and the roll called with the above results, prayer was led by Mr. Darby with the Pledge of Allegiance led by Mr. LeBlanc. Motion was then made by Mr. LeBlanc seconded by Mrs. Allison that the minutes of the previous meeting stand as written. Motion carried unanimously. Motion was then made by Mrs. Allison seconded by Mr. LeBlanc that the agenda stand as written. Motion carried unanimously. The first item on the agenda is a resolution granting a rezone to Dewey & Jessie Burnworth from Residential to Mixed Residential for property located at 1515 Weekly Road to allow for a new mobile home. Mrs. Burnworth stated that there use to be a mobile home there about 2 years ago but it’s no longer there. The mobile home will be for rental purposes. There was lots of discussion concerning how property in this area is zoned. There are many mobile homes, and the city is in the process of adopting a new comprehensive zoning ordinance so they’ll have to look very closely at what direction they want the city to go. Mr. Abrahams stated that Weekly and Henning are becoming major thoroughfares so the question is, do we want mobile homes on these streets. Mr. Darby stated that if the city’s Master Plan changes then we need to stick with what it says. A lot of people can’t afford to build a home, that’s why they buy mobile homes. He also stated that 90% of this area is rental property. Anything new on Weekly Road would be an improvement. Mrs. Burnworth stated that it would be a new mobile home. Mr. Darby suggested that this item be tabled for 60 days. The Commission all agreed that this would be a spot zone. Motion was then made by Mrs. Allison seconded by Mr. LeBlanc that the following resolution be tabled for 60 days: RESOLUTION GRANTING A REZONE TO DEWEY & JESSIE BURNWORTH FROM RESIDENTIAL TO MIXED RESIDENTIAL FOR PROPERTY LOCATED AT 1515 WEEKLY ROAD TO ALLOW FOR A NEW MOBILE HOME. A vote was then called with the results as follows: YEAS: Mr. Darby, Mrs. Allison, Mr. LeBlanc NAYS: None ABSENT: Mrs. Carroll, Mr. Brazzell And the said resolution was tabled for 60 days on this 19th day of August, 2024. ATTEST: ___________________________________ ________________________________ ARLENE BLANCHARD, Secretary TROY DARBY, Chairman The next item on the agenda is a resolution granting a rezone to Joshua Baden from Residential to Business for property located at 2209 Carr Lane to allow for Freedom Plumbing, LLC. Mr. Loftin, City Attorney, stated that he’s been involved in a civil litigation with this applicant, and he has not been involved in this matter nor has he discussed this matter with staff. Mr. Darby stated that it looks like this parcel was once part of the parcel to the east that fronts Post Oak. He also stated that the applicant said he was attending this meeting and presenting a petition from neighborhood in support of the rezone. Mr. Abrahams, Zoning Administrator, stated that he’d like them to have hard surface for parking, etc. rather than shell due to dust control. Mrs. Allison stated that she’d like them to put an 8-foot tall fence to better control the noise from the trucks, etc. After discussion, motion was made by Mr. LeBlanc seconded by Mrs. Allison that the following stipulation be added: - Parking and driveway must be concrete and adhere to the site plan. - The west side property boundary shall install an 8-foot-tall privacy fence in accordance with the city’s buffteryard ordinance. Motion carried unanimously. Motion was then made by Mr. LeBlanc seconded by Mrs. Allison that the following resolution be adopted to-wit: RESOLUTON AS AMENDED Resolution granting a rezone to Joshua Baden from Residential to Business for property located at 2209 Carr Lane to allow for Freedom Plumbing, LLC. BE IT RESOLVED by the Land Use Commission of the City of Sulphur, Louisiana, that they do hereby grant a rezone to Joshua Baden from Residential to Business for property located at 2209 Carr Lane to allow for Freedom Plumbing, LLC, for the following described property: W 72 FT OF-COM 30 FT W AND 30 FT S OF NE COR SE SEC 35.9.10, TH S 116.34 FT, W 178.7 FT ETC PART J & W INVESTMENTS BE IT FURTHER RESOLVED that the following stipulations be placed on said property: - Parking and driveway must be concrete and adhere to the site plan. - The west side property boundary shall install an 8-foot-tall privacy fence in accordance with the city’s buffteryard ordinance. This rezone is granted by the City of Sulphur and may be withdrawn by the City of Sulphur should said rezone interfere with the rights and privileges owned by the City of Sulphur pursuant to a pre-existing right of way, servitude, or easement. If withdrawn, any improvements constructed thereon shall be removed at the expenses of owner thereof. Grantee hereby agrees and contracts to hold Grantor harmless from any damages created and/or caused by the granting of this rezone, including, but not limited to, litigation defense, litigation costs, violation of subdivision restrictive covenants, building code violations or any other damages, property and/or monetary or otherwise, relating thereto.  Upon approval of this rezone the owner shall be responsible for the recordation thereof, with the Clerk of Court, Calcasieu Parish, Louisiana, and shall provide the City of Sulphur a receipt evidencing recordation within 10 days of the effective date of this rezone. No work shall commence until all applicable permits are obtained. In the event work is commenced prior to obtaining all applicable permits, this rezone shall be withdrawn and considered null and void. BE IT FURTHER RESOLVED by the Land Use Commission of the City of Sulphur, Louisiana, that they do hereby grant a rezone to Joshua Baden from Residential to Business for property located at 2209 Carr Lane to allow for Freedom Plumbing, LLC with the above stipulations. A vote was then called with the results as follows: YEAS: Mr. Darby, Mrs. Allison, Mr. LeBlanc NAYS: None ABSENT: Mrs. Carroll, Mr. Brazzell And the said resolution was declared duly adopted on this 19th day of August, 2024. ATTEST: ___________________________________ ________________________________ ARLENE BLANCHARD, Secretary TROY DARBY, Chairman The next item on the agenda is a resolution granting an Exception to Chris Pelloquin and Amber Richard for a Home Business daycare for property located at 316 Beauregard Avenue. Mr. Pelloquin addressed the Commission and stated that he’s helping his girlfriend with trying to find a place to move the daycare. They’re trying to rent the daycare on Hazel Street. They’re hoping to get a grant to help them with any purchase/remodel. Mr. LeBlanc asked if they’re having any parking issues at their current location. Mr. Pelloquin stated, no. Mr. LeBlanc also asked if they were licensed with the State. Mr. Pelloquin stated that they are working on that. Mr. Darby stated that per City ordinance, only 6 kids will be allowed. Mr. Pelloquin questioned why only 6 kids. Mr. Darby stated because that’s how our ordinance reads. We don’t want a lot of traffic going through our neighborhoods. Mr. Pelloquin stated that kids start being dropped off from 6:30 am and picking up until 5;30 pm. After discussion, motion was made by Mrs. Allison seconded by Mr. LeBlanc that the following resolution be adopted to-wit: RESOLUTION Resolution granting an Exception to Chris Pelloquin and Amber Richard for a Home Business daycare for property located at 316 Beauregard Avenue. WHEREAS, in accordance with Article IV, Part 2, Section 6 (4) of the Land Use Ordinance of the City of Sulphur, the following is required: (4) Home Occupations Permitted as Exceptions by Land Use Commission and City Council. (a) Recreational instruction, day care facilities and fine arts and crafts instruction, provided: (1) Applicant must obtain all applicable permits and licenses required by state regulatory agencies. (2) Hours of operation, except for day care, shall be limited to 9:00 a.m.—4:30 p.m., Monday through Friday. (3) All parking shall be off-street parking, on a paved driveway. (4) The home occupation shall be conducted entirely within the enclosed principal structure or within a surrounding wall or fence. (5) Outdoor storage of equipment or material is limited to that normally supporting a residential outdoor activity being conducted on the premises. (6) For day care facilities, no more than six (6) children are on the premises at any time, not including those related to the caregiver. (7) All use limitations in (5) "Use Limitations", below, not modified in this section, (4)(a), shall be met. BE IT RESOLVED by the Land Use Commission of the City of Sulphur, Louisiana, that they do hereby grant an Exception to Chris Pelloquin and Amber Richard for a Home Business daycare for property located at 316 Beauregard Avenue for the following described property: LOT 5 AND S 15 FT LOT 4 BLK 9 MAPLEWOOD SUB This exception is granted by the City of Sulphur and may be withdrawn by the City of Sulphur should said exception interfere with the rights and privileges owned by the City of Sulphur pursuant to a pre-existing right of way, servitude, or easement. If withdrawn, any improvements constructed thereon shall be removed at the expenses of owner thereof. Grantee hereby agrees and contracts to hold Grantor harmless from any damages created and/or caused by the granting of this exception, including, but not limited to, litigation defense, litigation costs, violation of subdivision restrictive covenants, building code violations or any other damages, property and/or monetary or otherwise, relating thereto.  Upon approval of this exception the owner shall be responsible for the recordation thereof, with the Clerk of Court, Calcasieu Parish, Louisiana, and shall provide the City of Sulphur a receipt evidencing recordation within 10 days of the effective date of this rezone. No work shall commence until all applicable permits are obtained. In the event work is commenced prior to obtaining all applicable permits, this exception shall be withdrawn and considered null and void. BE IT FURTHER RESOLVED by the Land Use Commission of the City of Sulphur, Louisiana, that they do hereby grant an Exception to Chris Pelloquin and Amber Richard for a Home Business daycare for property located at 316 Beauregard Avenue. A vote was then called with the results as follows: YEAS: Mr. Darby, Mrs. Allison, Mr. LeBlanc NAYS: None ABSENT: Mrs. Carroll, Mr. Brazzell And the said resolution was declared duly adopted on this 19th day of August, 2024. ATTEST: ___________________________________ ________________________________ ARLENE BLANCHARD, Secretary TROY DARBY, Chairman There being no further business to come before the Commission, the Chairman declared the meeting adjourned. ATTEST: ___________________________________ _________________________________ ARLENE BLANCHARD, Secretary TROY DARBY, Chairman 8/19/24 6:03 PM