From:                              Barbara Jacob-Tucker

Sent:                               Monday, March 29, 2010 12:06 PM

To:                                   Valarie Berthelot; Sandra Miguez; Nicole Breaux

Subject:                          FW: Buffering requirements

 

 

 

Barbara Jacob-Tucker, LCMC, CAA, CMA, CPO

Council Secretary

St. Charles Parish

P. O. Box 302

15045 Highway 18

Hahnville, LA   70057

985-783-5127 - office

985-783-2067 - fax

504-415-2980 - cell

bjacob@st-charles.la.us

 

 

bridge-logo

 

From: Kimberly Marousek
Sent: Monday, March 29, 2010 10:55 AM
To: Barbara Jacob-Tucker
Cc: VJ St. Pierre; Wendy Watkins
Subject: FW: Buffering requirements

 

Barbara,

This letter should go with the council correspondence for the Neal Clulee rezoning request which is on the April 5th Council Meeting.  Thanks, Kim

 

From: Rickey Dufrene [mailto:rdufrene2@cox.net]
Sent: Friday, March 26, 2010 5:01 PM
To: Kimberly Marousek
Cc: Terry Authement; Carolyn Schexnaydre; Shelley Tastet
Subject: Buffering requirements

 

Kim,

 

Sorry for the delay in pushing this issue with you since we last spoke about the buffering requirements.  In our last conversation, you informed me that buffering requirements for the Clulee proposed rezone would be waived if the zoning case passes the Parish Council.  You told me that Planning and Zoning would not require the buffering because the permit application was for temporary construction uses. 

 

Your stand and logic on this issue is perplexing, inconsistent, and immoral.  I’d like to post the code taken off the parish website:

____

 

4.   Special Provisions:

a.   Where any commercial use in a C-3 zoning district abuts any residential district or use, a six-foot high solid wood fence or masonry wall shall border the same and there shall be a buffer strip ten (10) feet wide designated and maintained on the site planted with plant materials acceptable for buffer zones unless the Planning and Zoning Department shall require a greater or lesser buffer strip.

___

 

I highlighted the word shall, which has some legal meaning and then notice I highlighted the “trump” that finishes up the provision.  The “trump” that allows your department to once again skirt the rules for a favored citizen.   

 

Neal has retroactively applied for a rezone to C-3 property from R1-B.  Even ignoring the illegal circumstances which has led us to this rezoning application, your code still provides for fencing and buffering.  There is nothing in the code that says temporary permits are exempt from this provision.  In fact your code clearly states that it shall be required… unless your department plays the trump card.  Your stance to me was that since it was temporary construction, the buffering would be waived for Neil’s property.  It is inconsistent and disingenuous because if you read through your analysis and recommendation for approval, you stated that the property would be subject to all fencing and buffering requirements.  Here are your exact written words from your analysis for approval to Planning and Zoning commission:

____

 

Although it is not ideal to place commercial development adjacent to single family residential uses the

proximity to a major arterial highway should be noted. Additionally, the C-3 regulations anticipate the

mixture of commercial and residential uses and provide for buffering requirements when those uses are

adjacent. Any future commercial development on Lots A-1 and the Balance of Lot B would be required to

meet those buffering requirements.

____

 

So allow me to recap this entire scenario for you so you can understand why this is the wrong stance:

 

Neil begins illegal commercial activity on residential property and a complaint is filed with Planning and Zoning.  A delayed, sham of an investigation ensues in which the goal is to validate Neil’s use of the property with the Corps of Engineers so the Parish can justify their stance of allowing the illegal work to continue.  Once the Corps refuses to comply with the “Get Out of Jail Free” card the Parish is requesting, we wait another month and a half for Neil to be given a letter of violation.  I inform the Parish that I will oppose both the rezone and special permit on the residential land.  I stated to P & Z my measured opposition to the special permit and rezone was on the basis of them allowing an extra truck entrance onto Hwy 90 that is unsafe and that the residential property did not have a method for turning west onto Hwy 90 as well as the most important FACT... the work was illegal and not supposed to be taking place there. 

 

 In the meantime, the residential property is transformed into a parking lot, fueling station, and maintenance shop for dump trucks while the Parish chooses to ignore Section XI.  Administration and Section XII.  Violation and penalty in its code of ordinances.  Neil applies for rezone to C-3 property and ignores the other provisions of the letter in which he has to relocate the fuel tanks and trailers off the residential property.  The Planning and Zoning department recommends approval of the land to C-3 and presents this is a simple rezone case to the commission without any mention or notice of the 3.5 months of violations that have and are continuing to occur on the residential property.  Another important fact is left out… as a commissioner, Neil has voted against other residential rezoning by a neighboring landowner, thus preventing a prescribed and definite use for his neighboring land and his comments record his preference for commercial property along the Diversion corridor and establish clear conflicts of interest.  The fact that the zoning case is made before the commission on which Neil is appointed makes this a violation of state ethics.  The fact that it was presented by his wife makes it another ethics violation.  I pointed these ethics concerns out at the meeting and in conversations with Planning & Zoning officials. 

 

Brings us to today, where we are poised for a council vote of rezone.  I have a residential lot in which I have invested time and money into that I have watched become useless to me and diminished to the market because the residential land next to me has been illegally transformed into a limestone dump.  My life’s course has certainly been altered because of another man’s illegal actions; my property is now diminished and is not usable for its established zoning. Now I am told that the Parish will not even uphold the buffering and fencing portion of the code.

 

Did you know the word morals appears in the code of ordinances 8 times?  It is used the same way every time and is one of the cornerstones for the adoption of the code.   Sort of like the commandments, Public Health, Safety, Comfort, Morals, or Welfare.  Two separate excerpts from the Parish Code of Ordinances:

____

 

1) Section I.  Adoption.

For the purposes of promoting the health, safety, morals, convenience, order, prosperity and welfare of the Parish of St. Charles, there shall be adopted and established this zoning ordinance of the Parish of St. Charles, State of Louisiana.

 

2) In consideration of all appeals and all proposed exceptions or variances under the terms of this Ordinance, the board shall, before making any exception or variance from the Ordinance in a specific case, determine that the granting of an exception or variance, will not impair an adequate supply of light and air to adjacent property or unreasonably increase the congestion in public streets, or increase the danger of fire or endanger the public safety, or unreasonably diminish or impair established property values in the surrounding area, or in any other respect impair the public health, safety, comfort, morals, or welfare of the inhabitants of St. Charles Parish.

____

 

I wonder why I would suppose the mission statement for the code of ordinances is just words?

 

I am asking my council representatives to please vote against this unethical, immoral rezone on the basis of my argument above.  At the very least, can one of you introduce an amendment to require the immediate installation and upkeep of approved buffering and fencing that is provided for in the code of ordinances?  This is a vote for all the residents of St. Charles Parish, the validity of our code and the morals in which we live and govern.

 

Thanks,

 

Rickey Dufrene