February 11, 2021 Has Been Advertised As an Alternate Meeting Date. ST. CHARLES PARISH PLANNING BOARD of COMMISSIONERS FEBRUARY

ST. CHARLES PARISH PLANNING BOARD OF COMMISSIONERS FEBRUARY 4, 2021 6:00 P.M.

CALL TO ORDER PLEDGE OF ALLEGIANCE

PUBLIC HEARINGS:

1 2019-6-HOP Casey Hogan for a home occupation – “Deplorable Guns” – a firearms dealer at 402 First Street, Des Allemands. Zoning District R-1A(M). Council District 4. Requires Planning Commission approval only.

7 2021-2-HOP Cody Graver for a home occupation – “Trinity Tree, LLC” – a licensed tree service at 335 Davis Drive, Luling. Zoning District R-1A. Council District 2. Requires Planning Commission approval only.

14 2021-4-R S-One Properties, LLC for a change of zoning from C-2 to R-3 on 13,550 sq. ft. at Lot 2010, Ormond Country Club Estates-Commercial Area, 15 Storehouse Lane, Destrehan. Council District 3. Requires Planning Commission recommendation and Council approval.

22 2021-5-R Donald & Annabel Hogan for a change of zoning from R-1A(M) & M-1 to R-1M on approximately 23,700 sq. ft. at Lots 89A-6-A1-A, 89A-6-B, & 89A-6-C, Coteau de France, 16459, 16479, 16481 Old Spanish Trail (LA 631). Council District 4. Requires Planning Commission recommendation and Council approval.

21 2021-6-R Helm Developments, LLC for a change of zoning district from M-1 to R-1B on 130,697 sq. ft. Lot J-2A, Plantation Business Campus, Campus Drive East and River Road, Destrehan. Council District 2. Requires Planning Commission recommendation and Council approval.

UNFINISHED BUSINESS NEW BUSINESS – Select Subcommittee for Comprehensive Land Use Plan Update (3 Members) MINUTES – January 14, 2021 ADJOURN

February 11, 2021 has been advertised as an alternate meeting date. St. Charles Parish Department of Planning & Zoning

LAND USE REPORT CASE NUMBER: 2019-6-HOP

GENERAL APPLICATION INFORMATION ♦ Name & Address of Applicant Application Date: 6/4/19 Casey Hogan 402 First Street Bayou Gauche, LA 70030 (504)-452-7074; [email protected]

♦ Business Name & Description Deplorable Guns, LLC; firearms sales

♦ Licensing and Permits Federal Firearms License (FFL)

♦ Business Vehicles and Equipment No vehicles are used for business purposes.

SITE – SPECIFIC INFORMATION ♦ Existing Land Use and Zoning Single-family residence in an R-1A(M), Single Family Residential zoning district

♦ Surrounding Land Uses and Zoning The residence is located in a developed residential subdivision consisting of site- built and manufactured single-family homes in R-1A(M), Single Family Residential zoning. O-L zoning is abuts the property to the south.

♦ Traffic Access and Parking The site is built with a gravel driveway that can stack up to (2) passenger vehicles.

♦ Utilities Representatives for Parish water, sewerage, drainage, and streets indicate that the existing utilities can accommodate the business.

APPLICABLE REGULATIONS Regulations for Home Occupations: St. Charles Parish Code, Appendix A. Section XXII Section XXII. Regulations for Home Occupations. Purpose: It is the intent of this section to regulate home occupations in residential uses. A home occupation is an accessory use of a dwelling unit, conducted by one (1) or more persons who reside at the property. The home occupation is clearly incidental and secondary to the use of the dwelling for residential purposes and does not change the appearance or character thereof or adversely affect neighboring. The intent of these regulations is to preserve the character of the neighborhood, to limit activities that may adversely impact the area, such as increasing noise, traffic, dust, smoke, emissions, and electromagnetic interference; and to foster the growth of small businesses in the community. A. When in compliance with the requirements of this section, a home occupation shall be similar in type or character, but not limited to the following uses: Art studio, Child care for not more than six children, Contracting services, Cosmetology, Crafting, Dressmaking, Alterations, Tailoring, Internet based sales, Professional offices, Teaching or tutoring inclusive of arts. B. Permit Process: 1. Pre-Application Meeting: The Planning Director, or his designated staff, shall advise applicants of the regulations for home occupations such as appropriate activities for home occupations, operational regulations, and consequences for violating operational regulations. The Planning Director, or his designated staff, shall determine whether the premises to be permitted is in compliance with the St. Charles Parish Code of Ordinances, or what measures must be taken to bring the premises into compliance prior to consideration of an application for a home occupation permit. 2. Application: A citizen who proposes appropriate activities at a residence that is not in

1 violation of the Code of Ordinances may apply for a permit for a home occupation. The applicant must agree to follow operational regulations listed in Section C. When an applicant does not own the subject property, the applicant must provide notarized endorsement of the application by the property owner. 3. Departmental Review: The Planning Director, or his designated staff, shall determine whether the proposed use complies with the operational regulations of this section. 4. Public Notice and Comment: a. Once the Planning Director has determined that the proposed use meets the general parameters of this code and the operational requirements of this section, the property shall be posted for ten (10 days with a sign stating that the resident has applied for a permit to operate a home occupation and that the Department of Planning and Zoning will receive and record public comment on the application for the same ten (10) calendar days. b. If objections to the proposed activity are submitted to the Planning Director, the application will be forwarded to the Planning Commission for public hearing and consideration. 5. Determination: The Planning Director, or his/her designee, shall consider the nature of the home occupation, the operational regulations, the relationship of the proposed home occupation to neighboring properties, requirements for state permits and licenses, and take one of the following actions: a. Issue a Home Occupational Permit with or without written conditions, for those occupations that do not require state or federal permits or licenses. b. Forward applications requiring state or federal permits or licenses along with a recommendation of the Department to the Planning and Zoning Commission for public hearing and decision. c. Deny the application. C. Operational Regulations: 1. No dump truck, bus, construction vehicle, semi-truck, or vehicle of similar nature shall be permitted to park on the subject property as part of a home occupation. Any vehicle or trailer that will be used in the operation of a home occupation must be documented with photographs as part of the application process. 2. There shall be no signs posted which indicate the existence of the home occupation. 3. No non-resident employees or contractors associated with the home occupation will visit the home for business purposes—this includes, but is not limited to picking up work assignments, materials, or payment. 4. There shall be no outdoor storage of materials or products on the premises. 5. Indoor storage of material or products shall not exceed twenty (20) percent of the gross floor area of the dwelling. 6. The home occupation shall not eliminate or impede required off-street parking. 7. The home occupation shall not cause any external effect such as increased noise, excessive traffic, excessive lighting, or offensive odor, which is incompatible with the characteristics of the residential area, or in violation of any applicable governmental code. There shall be no illegal discharge of materials, fluids, or gases into the sewer system, or any other manner of discharging such items in violation of any applicable governmental code. 8. The resident or residents engaged in the home occupation shall possess all required licenses including a St. Charles Parish Occupational License”; Department of Health and Hospitals; and other state or federal permits or licenses. 9. No alcoholic beverages shall be sold, offered, or provided in connection with the operation of a home occupation. 10. Home occupation permits are not transferrable as to person or location. 11. Home occupation activities which include the manufacture, sale, or repair firearms (or any related commercial activity) shall be prohibited in R-2 and R-3 residential zoning districts, and shall be additionally prohibited on residentially zoned lots which contain more than one dwelling unit. D. Revocation of Home Occupation Permit: 1. A home occupational permit may be revoked by the Planning Director upon violation of any requirement of this Code, or of any condition or requirement of any permit granted, unless such violation is corrected within five (5) days of notice of such violation. 2. Any such permit may be revoked after three (3) violations of any requirements of this section, or of the conditions of such permit, or where the Planning Director finds that the continuation of the home occupation permit will have a detrimental effect upon the surrounding subdivision or neighborhood. 3. The Planning Director may conduct a public hearing on the revocation of a home occupation permit. E. Appeal: Any and all appeals to the decision of the Planning Director/Planning Commission shall be to the St. Charles Parish Board of Adjustments in accordance with the provisions of section XIII of this Code.

FINDINGS On, 8/4/19, the applicant applied to permit and domicile Deplorable Guns, LLC at their residence located at 402 First Street, Bayou Gauche. The business involves the sale of firearms.

The application was incomplete – lacking an endorsement from the property owner. On 1/8/21, the applicant notified the Department that a succession (COB 898 folio 320) was complete, and he was ready to move forward with the process.

This request appears before the Planning and Zoning Commission due to Federal Firearms License (FFL) requirements from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

The applicant has indicated that he plans to work toward becoming a licensed gunsmith and incorporate assembly and manufacturing into his business model in the future.

The applicant intends to operate Deplorable Guns with customers coming to the residence. Neither the FFL nor the operational regulations for home occupations prohibit customers at the residence. Generally, the FFL requires the point of sale to be the address associated with the FFL.

No complaints or violations are on file; no code violations were apparent during a site visit performed on 1/14/21.

RECOMMENDATION Staff recommends approval subject to the following stipulations:

The applicant must submit a copy of the Federal Firearms License (FFL) to the Department of Planning and Zoning in order to obtain a certificate of occupancy for the business.

3 2019-6-HOP Requested by: Casey Hogan Feet Deplorable Guns 0 75 150 225 300 ¯ ") 121 203") 205") 117") 123") 125") 207") MARK DR MARK DR

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") ") From: Chris Welker To: [email protected] Subject: FW: home occupation application Date: Monday, June 17, 2019 2:13:00 PM

Mr. Hogan,

Just following up on the email below. We will need the ownership documents by Thursday in order to advertise your request for the July Planning Commission agenda.

Also need some additional details on business activities occurring at the residence for our report, including: - Does the business involve any manufacturing, gunsmithing, modification etc.? Or is it only sales? - Which Federal Firearms License will you be acquiring for this business? - Will firearms be stored at the residence and if so, how? - Will customers visit the residence for business purposes?

Thank you,

Chris Welker, AICP Planner St. Charles Parish Department of Planning & Zoning Office: 985-783-5060 Email: [email protected]

From: Chris Welker Sent: Friday, June 7, 2019 10:18 AM To: [email protected] Subject: home occupation application

Mr. Hogan,

Thank you for coming in today to submit your home occupation application. We will tentatively have it scheduled to go before the Planning Commission at the July 11th meeting.

The only outstanding item is the ownership information which I understand is reliant on concluding the succession process. We will need that information by June 20th in order to get your request on the advertisement which goes out the following day.

If we cannot advertise it for July due to not having the latest ownership documents, it would have to be pushed back to the August meeting.

5 Let me know if you have any questions.

Chris Welker, AICP Planner St. Charles Parish Department of Planning & Zoning Office: 985-783-5060 Email: [email protected]

6 St. Charles Parish Department of Planning & Zoning

LAND USE REPORT CASE NUMBER: 2021-2-HOP

GENERAL APPLICATION INFORMATION ♦ Name & Address of Applicant Application Date: 12/15/2020 Cody Graver 335 Davis Dr. Luling, LA 70070

♦ Business Name & Description Trinity, Tree, LLC; Tree services includes: removal, pruning, fertilizing, and stump grinding

♦ Licensing and Permits Arborist License through the Louisiana Department of Agriculture and Forestry

♦ Business Vehicles and Equipment The applicant uses a 2013 F150, a 2003 F350, and a Nifty tm50 towable lift for business purposes. The applicant indicated that all equipment will be stored off site at a location on Sings Lane, Luling.

SITE – SPECIFIC INFORMATION ♦ Existing Land Use and Zoning Single-family residence in an R-1A zoning district

♦ Surrounding Land Uses and Zoning The residence is located in a subdivision zoned R-1A and built-out with single-family residences.

♦ Traffic Access and Parking The property is developed with a driveway that accommodate up to six (6) passenger vehicles.

♦ Utilities Standard utilities serve the site and parish representatives for water, sewer, and drainage have indicated that existing facilities can serve the business.

7 similar in type or character, but not limited to the following uses: Art studio, Child care for not more than six children, contracting services, Cosmetology, Crafting, Dressmaking, Alterations, Tailoring, Internet based sales, Professional offices, Teaching or tutoring inclusive of arts. B. Permit Process: 1. Pre-Application Meeting: The Planning Director, or his designated staff, shall advise applicants of the regulations for home occupations such as appropriate activities for home occupations, operational regulations, and consequences for violating operational regulations. The Planning Director, or his designated staff, shall determine whether the premises to be permitted is in compliance with the St. Charles Parish Code of Ordinances, or what measures must be taken to bring the premises into compliance prior to consideration of an application for a home occupation permit. 2. Application: A citizen who proposes appropriate activities at a residence that is not in violation of the Code of Ordinances may apply for a permit for a home occupation. The applicant must agree to follow operational regulations listed in Section C. When an applicant does not own the subject property, the applicant must provide notarized endorsement of the application by the property owner. 3. Departmental Review: The Planning Director, or his designated staff, shall determine whether the proposed use complies with the operational regulations of this section. 4. Public Notice and Comment: a. Once the Planning Director has determined that the proposed use meets the general parameters of this code and the operational requirements of this section, the property shall be posted for ten (10 days with a sign stating that the resident has applied for a permit to operate a home occupation and that the Department of Planning and Zoning will receive and record public comment on the application for the same ten (10) calendar days. b. If objections to the proposed activity are submitted to the Planning Director, the application will be forwarded to the Planning Commission for public hearing and consideration. 5. Determination: The Planning Director, or his/her designee, shall consider the nature of the home occupation, the operational regulations, the relationship of the proposed home occupation to neighboring properties, requirements for state permits and licenses, and take one of the following actions: a. Issue a Home Occupational Permit with or without written conditions, for those occupations that do not require state or federal permits or licenses. b. Forward applications requiring state or federal permits or licenses along with a recommendation of the Department to the Planning and Zoning Commission for public hearing and decision. c. Deny the application. C. Operational Regulations: 1. No dump truck, bus, construction vehicle, semi-truck, or vehicle of similar nature shall be permitted to park on the subject property as part of a home occupation. Any vehicle or trailer that will be used in the operation of a home occupation must be documented with photographs as part of the application process. 2. There shall be no signs posted which indicate the existence of the home occupation. 3. No non-resident employees or contractors associated with the home occupation will visit the home for business purposes—this includes, but is not limited to picking up work assignments, materials, or payment. 4. There shall be no outdoor storage of materials or products on the premises. 5. Indoor storage of material or products shall not exceed twenty (20) percent of the gross floor area of the dwelling. 6. The home occupation shall not eliminate or impede required off-street parking. 7. The home occupation shall not cause any external effect such as increased noise, excessive traffic, excessive lighting, or offensive odor, which is incompatible with the characteristics of the residential area, or in violation of any applicable governmental code. There shall be no illegal discharge of materials, fluids, or gases into the sewer system, or any other manner of discharging such items in violation of any applicable governmental code. 8. The resident or residents engaged in the home occupation shall possess all required licenses including a St. Charles Parish Occupational License”; Department of Health and Hospitals; and other state or federal permits or licenses. 9. No alcoholic beverages shall be sold, offered, or provided in connection with the operation of a home occupation. 10. Home occupation permits are not transferrable as to person or location. 11. Home occupation activities which include the manufacture, sale, or repair firearms (or any related commercial activity) shall be prohibited in R-2 and R-3 residential zoning districts, and shall be additionally prohibited on residentially zoned lots which contain more than one dwelling unit. D. Revocation of Home Occupation Permit: 1. A home occupational permit may be revoked by the Planning Director upon violation of

8 any requirement of this Code, or of any condition or requirement of any permit granted, unless such violation is corrected within five (5) days of notice of such violation. 2. Any such permit may be revoked after three (3) violations of any requirements of this section, or of the conditions of such permit, or where the Planning Director finds that the continuation of the home occupation permit will have a detrimental effect upon the surrounding subdivision or neighborhood. 3. The Planning Director may conduct a public hearing on the revocation of a home occupation permit. E. Appeal: Any and all appeals to the decision of the Planning Director/Planning Commission shall be to the St. Charles Parish Board of Adjustments in accordance with the provisions of section XIII of this Code.

FINDINGS The applicant requests a permit to domicile Trinity Tree, LLC at his residence. Services provided by the business include removal, pruning, fertilizing, and stump grinding. The business has been filed with the Secretary of State since 2020. Randy Graver Services, LLC is registered with the Secretary of State and in good standing at the same address. The St. Charles Parish Sheriff indicates that the Randy Graver Services occupational license expired in 2018.

This request appears before the Planning and Zoning Commission due to requirements for an Arborist License from the Louisiana Horticulture Commission through Louisiana Department of Agriculture and Forestry; Cody Graver a licensed arborist (Lic # 20- 2462).

The applicant uses a 2003 F350, a 2013 F150, and a Nifty tm50 towable lift for business purposes. The property is developed with a driveway that can park two passenger vehicles in front of the house and stack three or four more around the house. At the time of writing this report, staff have asked the applicant to provide a lease or agreement for a location for where equipment can be stored that does not create nuisance as defined in Chapter 16 of the Code of Ordinances.

There is a history of complaints on the property which may be associated with the type of business activity the applicant is proposing: • On 7/7/11 code enforcement responded to a complaint at the residence regarding an RV blocking the line of sight and trash and debris. While working with the property owner, code enforcement responded to another complaint at the residence regarding, commercial vehicles and trailers parking on the property, and running a tree service business. The case was closed on 12/22/11 after the inspector had confirmed that debris had been removed and no commercial vehicles or RVs were parked on the property (#48587-11). • On 9/11/13, code enforcement responded to a complaint at the residence regarding operating a tree cutting business without a license. A permit could not be issued for the business because the owner did not hold an Arborist License. Large equipment needed removal due to zoning. Trash, debris, derelict vehicles, and tires needed to be removed from the property. The case was closed on 3/27/14 when the inspector determined that the violations had been sufficiently remedied (#51576-13). • On 9/2/14, code enforcement responded to a complaint at the residence regarding a tree cutting business operating from the property with heavy equipment such as a bucket truck and bob cat, and a derelict vehicle. The case was closed on 2/20/2015 after the inspector confirmed that the owner was working for another tree service business and all work-related vehicles and equipment were moved to 314 St. John St. (#52701-14 &52999-15) • On 9/14/18, code enforcement responded to a complaint at the residence regarding a business operating out of the residence. There were no violations at the time of inspection. Code enforcement continued monitoring the property. (56914-18). • On 9/24/18, code enforcement responded to a complaint at the residence regarding a business operating without a license. Code enforcement confirmed that the owner does have a home occupation and that all vehicles and equipment were being stored at 218 Ellington, Ama. Code enforcement continued monitoring the property. (56958-18).

9 • On 1/17/20, code enforcement responded to a complaint at the residence regarding large trucks associated with Randy Graver Services. The complaint did not result in a violation record (#20-57).

RECOMMENDATION Staff cannot recommend approval without documentation that vehicles and equipment can be stored in a way that does not create a nuisance.

If the request is approved, the following stipulations should apply: • Heavy equipment for the business shall not be stored be on the residential property • Heavy equipment for the business shall be stored in a way that complies with all local codes and ordinances. • Work-related vehicles and equipment shall not park in the street.

10 11 12 2021-2-HOP Requested by: Cody Graver Feet Trinity Tree Service, LLC 0 25 50 75 100 ¯

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") St. Charles Parish Department of Planning & Zoning

LAND USE REPORT CASE NUMBER: 2021-4-R

GENERAL INFORMATION ♦ Name/Address of Applicant Application Date: 1/5/2021 Navdeep Singh S-One Properties, LLC 69 Elmwood Drive Destrehan, LA 70047 (504)-621-4418; [email protected]

♦ Location of Site Lot 2010, Ormond Country Club Estates-Commercial Area; 15 Storehouse Lane, Destrehan

♦ Requested Action Rezoning from C-2, General Commercial-Retail Sales to R-3, Multi-Family Residential

SITE INFORMATION ♦ Size of Site 13,550 sq. ft.

♦ Current Zoning and Land Use C-2; vacant but cleared

♦ Surrounding Zoning and Land Use The irregularly-shaped lot site has frontage on the cul-du-sac of Storehouse Lane, zoned C-2. Uses near the cul-du-sac include office buildings and a daycare. Other uses on the street consist are typical C-2 uses, business offices, medical offices, dance school, gym, salon and telecommunications offices/dispatch yards. Abutting on the other sides are the soccer fields, zoned C-2 and a private swim club, zoned R- 1A.

♦ Future Land Use Recommendation Neighborhood Commercial: Neighborhood Commercial areas accommodate retail sales and services for the daily self-sufficiency of residents of a neighborhood or neighborhoods, such as convenience shopping, dry cleaners, hair salons and barber shops, day care centers, coffee shops, professional and business service offices, etc. Uses permitted in the C-1 (Commercial Office) zoning district are allowed in this district. Some uses that are permitted in the C-2 zoning district are also appropriate (e.g., bakeries, tailors, etc.).

♦ Traffic Access The site has 57 ft. along the cul-de-sac at the end of Storehouse Lane, an improved local road within a 50 ft. right-of-way with access to Ormond Boulevard.

♦ Utilities The representative from the Department of Waterworks had no comments on the requested rezoning. Representatives

APPLICABLE REGULATIONS Appendix A. Section VI. – Zoning District Criteria and Regulations [VIII.] R-3. Multi-family residential: 1. Use Regulations: a. A building or land shall be used only for the following purposes: (1) All uses allowed in the R-2 district. (2) Multi-family dwellings. (3) Boarding and lodging houses. (4) Townhouses (see Section VII for Supplemental Use and Performance regulations).

14 b. Special exception uses and structures: As approved by the Planning and Zoning Commission only: c. Special permit uses and structures: (1) Supplemental C-1 and C-2 uses. (2) Reserved. (3) Private commercial access roads, upon review by the Planning Commission and supporting resolution of the Council. 2. Spatial Requirements: a. Minimum lot size: Ten thousand (10,000) square feet; minimum width - sixty (60) feet; two thousand five hundred (2,500) square feet per family. b. Minimum yard requirements: (1) Front - twenty (20) feet (2) Side - ten (10) feet (3) Rear - twenty (20) feet. (4) Whenever property abuts a major drainage canal as defined by the Subdivision regulations the required setback for all structures shall be ten (10) feet measured from the inner boundary of such servitude or right-of-way, notwithstanding any other more restrictive setbacks, this provision shall not apply to any lot of record created and existing prior to the effective date of Ordinance No. 99-12-8, December 15, 1999. c. Maximum land coverage: Eighty (80) percent (twenty (20) percent green space). d. Accessory buildings: (1) Accessory buildings shall be of one story construction not to exceed sixteen (16) feet in height. (2) Accessory buildings shall be located on the same parcel of land as the main structure. (3) Nonresidential accessory buildings shall not be permitted. e. Permitted encroachments: (1) Overhangs projecting not more than twenty-four (24) inches, excluding gutter. (2) Stairs and landings not more than three (3) feet in height, projecting no more than four (4) feet into required front or rear yard. 3. Transportation System: Servitude of access, local, or collector street. 4. Special Provisions: a. Where any multi-family residential district (R-3) abuts any residential zoning 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. Appendix A. Section XV. - Amendment procedure D. Rezoning guidelines and criteria: The proponent for a change should present reasonable factual proof that two or more of the following criteria are met: 1. The proposed rezoning conforms to land development pattern established by the St. Charles Parish Comprehensive Plan Future Land Use Map and does not create a spot zone that is incompatible with the surrounding neighborhood. 2. The Land-use pattern or character has changed to the extent that the existing zoning no longer allows reasonable use of the applicant’s property, and that the proposed zoning does. In order to determine what is reasonable use of the property, the proponent for the zoning change should consider one or more of the following: a. Consideration of uses on adjacent properties that would limit the use of the site under consideration. b. Consideration of unique or unusual physical or environmental limitations due to size, shape, topography or related hazards or deficiencies. c. Consideration of changes in land value, physical environment or economic aspects which can be shown to limit the usefulness of vacant land or buildings. 3. Potential uses permitted by the proposed rezoning will not be incompatible with existing neighborhood character nor will they overburden public facilities and infrastructure. The Planning Staff shall base rezoning analyses on these criteria but shall not be prohibited from factoring unique circumstances of the application into the analysis. The Planning and Zoning Commission may state in its recommendations to the Council: its concurrence with, or rejection of, any or all of the proponents' case for the suggested amendment, and/or its position relative to proponents' statements on the case. Planning Staff analyses and recommendations shall be forwarded to the Council along with the Commission's recommendations.

E. Rezoning approval criteria: Before the Council votes to approve a rezoning, there should be reasonable factual proof by the applicant that: 1. The proposed map amendment is in compliance, or is not in conflict, with the goals and recommendations of the St. Charles Parish Comprehensive Plan and Future Land Use Map, and also 2. The proposed map amendment does not negatively impact the health, safety, and welfare of the community.

REZONING GUIDELINE EVALUATION Before the Commission makes a recommendation or the Council rezones property; there should be reasonable factual proof by the proponent of a change that two or more of the following criteria are met: 1. The proposed rezoning conforms to the land development pattern established by the St. Charles Parish Comprehensive Plan Future Land Use Map and does not create a spot zoning that is incompatible with the surrounding neighborhood. The proposed R- 3 zoning does not conform to the Neighborhood Commercial land development pattern shown on the Future Land Use Map, which encourages the uses currently

15 permitted by the existing C-2 zoning district. The request is also a spot zoning, as there is no R-3 zoning or use in the area. The request fails the first guideline.

2. The Land-use pattern or character has changed to the extent that the existing zoning no longer allows reasonable use of the applicant's property and that the proposed zoning does. The site is located on the cul-du-sac of Storehouse Lane, a local street in the commercial center of Ormond dedicated in 1980. The commercial land-use pattern was proposed by the developer and supported when the Parish adopted the 1981 zoning ordinance and map showing the area as zoned C-2. The area is largely built-out with a mix of professional offices, service shops, fitness, and a daycare. The land use pattern established in the 80s has not changed, and the existing C-2 zoning allows reasonable use of the property. The request fails the second guideline.

3. Potential uses permitted by the proposed rezoning will not be incompatible with existing neighborhood character nor will they overburden public facilities and infrastructure. The proposed R-3 zoning district would permit up to five (5) dwelling units in apartments, condos, or townhouse-style design. Rezoning one of the last vacant lots on the commercial street to R-3 would permit an incompatible use that is different from the existing neighborhood character where most businesses are occupied during regular business hours. The developers of Ormond located multi- family development nearby—off Plantation Road and Houmas Place—to support the commercial area without conflict. The request fails the third guideline.

ANALYSIS The applicant requests a change of zoning from C-2, General Commercial to R-3, Multi- Family Residential on Lot 2010, Ormond Country Club Estates-Commercial Area, Destrehan. The applicant purchased the irregularly-shaped, 13,550 sq. ft. lot in September 2020. The Department has no record of any permits for the property.

The requested change to R-3 zoning does not meet any of the guidelines. R-3 zoning would permit up to five (5) dwelling units. Multiple dwelling units on the site is unlikely to overburden public infrastructure; however, the use is not compatible with the existing neighborhood or the Future Land Use recommendations of the Comprehensive Land Use Plan.

The site is under three (3) acres, so approval would not require a corresponding change to the Future Land Use Map.

DEPARTMENT RECOMMENDATION Denial, due to not meeting any of the three rezoning guidelines.

16 17 2021-4-R Requested by: S-One Properties, LLC Feet C-2 to R-3 0 50 100 150 200 ") ¯ 3 3")

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120") 2021-4-R Requested by: S-One Properties, LLC Feet C-2 to R-3 0 50 100 150 200 ¯

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Low Density Residential

19 Neighborhood Commercial 2021-4-R Requested by: S-One Properties, LLC Feet C-2 to R-3 0 50 100 150 200 ¯

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Zoning

R1A 20 21 St. Charles Parish Department of Planning & Zoning

LAND USE REPORT CASE NUMBER: 2021-5-R

GENERAL INFORMATION ♦ Name/Address of Applicant Application Date: 1/5/2021 Donald & Annabel Hogan 147 Vics Lane Des Allemands, LA 70030 (504)-390-7800; [email protected]

♦ Location of Site Lots 89A-6-A1-A, 89A-6-B, 89A-6-C (proposed Lot 89A-6-C-1), Coteau de France or Ranson Tract; 16459, 16479, 16481 Old Spanish Trail, Des Allemands

♦ Requested Action Rezoning from R-1A(M), Single Family Residential (Manufactured Homes) and M-1, Light Manufacturing and Industrial to R-1M, Manufactured Home/RV park

SITE INFORMATION ♦ Size of Site The overall site consists of approximately 2.3 acres, approximately 23,700 sq. ft. of which is subject to the rezoning.

♦ Current Zoning and Land Use Lot 89A-6-A1-A is split zoned R-1M and M-1. It is developed with a manufactured home and an aggregate roadway which provides access to a cellular tower on an adjacent lot.

Lot 89A-6-B is zoned R-1A(M) and is cleared but vacant.

Lot 89A-6-C is split zoned R-1A(M) and R-1M. The front of the lot is developed with two manufactured homes; the bulk of the property is wooded.

♦ Surrounding Zoning and Land Use O-L, Open Land zoning is adjacent to the north side; M-1 is adjacent to the south and east sides.

With the exception of a church adjacent to the north side of the subject site, the surrounding land uses primarily consist of manufactured homes fronting Old Spanish Trail (LA 631).

A significant portion of the land in the area is undeveloped and heavily wooded, including portions of the lots immediately to the south and east sides of the subject site.

♦ Future Land Use Recommendation Light Industrial: This designation includes such uses as warehouse and distribution activities, as well as office uses, repair facilities, light assembly and light manufacturing activities that do not involve emissions of odors, dust, fumes or excessive noise, consistent with the uses in the M-1 Light Manufacturing and Industrial zoning district.

♦ Traffic Access Each lot has 50 ft. of frontage on Old Spanish Trail (LA 631) and access is provided via two separate aggregate driveways. A companion administrative resubdivision shows these two lots, plus Lot 89A-6-B being consolidated into a single lot with 151.88 ft. of frontage.

22 ♦ Utilities The representative from the Department of Waterworks had no comments on the requested rezoning.

At the time of this writing representatives from the Department of Public Works & Wastewater are reviewing the proposed site plan with questions regarding drainage and streets.

APPLICABLE REGULATIONS Appendix A. Section VI. – Zoning District Criteria and Regulations [IV.] R-1M. Manufactured home/recreational vehicle (RV) park: 1. Use Regulations: a. A building or land shall be used only for manufactured home and RV parks and accessory uses. b. Special exception uses and structures include clubhouses, laundry facilities, rental offices, managers' homes, and/or accessory recreational facilities for park residents only. 2. Special permit uses: a. Include RV parks of one-half acre provided 1) the Special Provisions for RV Parks [subsection 4 below], other than the minimum site requirement, are met, and 2) the request receives review and approval by the Planning Commission and a supporting resolution of the Council. b. Private commercial access roads, upon review by the Planning Commission and supporting resolution of the Council. 3. Spatial Requirements: Shall conform to the Manufactured Home Park or RV Park regulations and design standards outlined as Special Provisions [subsection 4] below. a. Whenever property abuts a major drainage canal as defined by the Subdivision regulations the required setback for all structures shall be ten (10) feet measured from the inner boundary of such servitude or right-of-way, notwithstanding any other more restrictive setbacks, this provision shall not apply to any lot of record created and existing prior to the effective date of Ordinance No. 99- 12-8, December 15, 1999. 4. Special Provisions: Shall conform to either the Manufactured Home Park of [or] RV Park regulations and design standards noted below as they pertain to the total park use. Manufactured home park: a. Location, space and general layout: (1) The manufactured home park shall be located on a well-drained site [and] shall be so located such that its drainage will not endanger adjacent property and water supply. (2) Any lot or portion of ground proposed to be used for a manufactured home park shall have sufficient frontage for construction of entrances and exits properly designed for safe movement of park traffic. (3) Each manufactured home space shall contain a minimum of three thousand one hundred fifty (3,150) square feet, shall be at least thirty-five (35) feet wide and eighty (80) feet long, and shall have its boundaries clearly defined. The space shall abut on an access drive which shall have unobstructed access to a public street or highway. (4) A patio slab of at least one hundred eighty (180) square feet shall be provided on each manufactured home lot and conveniently located at the entrance of each manufactured home. (5) A minimum site of two (2) acres is required for a manufactured home park. (6) Manufactured homes shall be parked on each space to conform to the following minimums: (a) Twenty-five (25) feet clearance between coaches. (b) Five (5) feet clearance between each coach and its respective site line. (c) Ten (10) feet between coaches and any adjoining property lines. (d) Twenty (20) feet between coaches and any public street right-of-way. (e) Twenty-five (25) feet between coaches and any building or structure not used for accessory purposes. (f) Accessory buildings must be a minimum of ten (10) feet from any manufactured home. (g) Nonresidential accessory buildings shall not be permitted. [b. Reserved.] c. Parking: Sufficient paved parking shall be provided for the parking of at least one (1) motor vehicle for each manufactured home space plus an additional paved parking space for each three (3) lots to provide for guest parking for two (2) car tenants and for delivery and service vehicles. d. Recreation: Not less than ten (10) percent of the gross area of the manufactured home park is to be set aside, designed, constructed and equipped as a recreational area. Recreation area design and equipment shall be approved by the St. Charles Parish Recreation Department Director. e. Transportation system: All streets and access drives within the manufactured home park shall be constructed to required parish specifications as outlined in Subdivision Regulations [appendix C]. f. Sewage Disposal: Each manufactured home site shall be provided with a sanitary sewer connection, and each manufactured home park shall be provided with a collection and treatment system and public water supply in compliance with the standards of the Parish Health Unit and the State Health Department. g. Garbage: If garbage hoppers are to be provided, then two (2) shall be provided for each twenty (20) manufactured home sites, and each hopper shall be screened from view by wood or masonry fencing. h. Screen fences, walls and buffer screening: Fences should be installed where necessary for screening purposes such as around outdoor areas, laundry yards, refuse collection points and playgrounds. A six (6) feet opaque fence or masonry wall shall border the park, 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. i. General: Individual manufactured home sites may be leased or rented but not subdivided or sold.

23 j. All improvements required in this section must be completed prior to the placement of any manufactured home on the site. RV Park: a. Location, space and general layout: (1) The RV park shall be located on a well-drained site [and] shall be so located such that is [its] drainage will not endanger adjacent property and water supply. (2) Any lot or portion of ground proposed to be used for an RV park shall have sufficient frontage for construction of entrances and exits properly designed for the safe movement of park traffic. (3) Each RV space shall contain a minimum of fourteen hundred (1,400) square feet, shall be at least thirty-five (35) feet wide, and shall have its boundaries clearly defined. The space shall abut on a driveway. (4) A minimum site of one (1) acre is required for an RV park. (5) RV's shall be parked on each space to conform to the following minimums: (a) Twenty-five (25) feet clearance between RV's. (b) Five (5) feet clearance between each RV and its respective site line. (c) Ten (10) feet between RV's and any adjoining property lines. (d) Twenty (20) feet between RV's and any public street right-of-way. (e) Twenty-five (25) feet between RV's and any building or structure not used for accessory purposes. (f) Accessory buildings must be a minimum of ten (10) feet from any RV. (g) Nonresidential accessory buildings shall not be permitted. b. Parking: Sufficient area shall be provided for the parking of at least one (1) motor vehicle for each RV space plus an additional car space for each three (3) lots to provide for guest parking, two (2) car tenants and for delivery and service vehicles. c. Transportation system: (1) Streets and access drives: All streets and access drives within the RV park shall be constructed to required parish specifications as outlined in subdivision regulations [appendix C]. (2) Driveway: All driveways within the RV park shall be designed and surfaced with appropriate materials which will provide adequate and safe means of transit for park residents. d. Recreation: Not less than ten (10) percent of the gross area of the RV park is to be set aside, designed, constructed and equipped as a recreational area. Recreation area design and equipment shall be approved by the St. Charles Parish Recreation Department Director. e. Utilities: Each RV site shall be provided with a sanitary sewer connection, and each RV shall be provided with a collection and treatment system and public water supply in compliance with the standards of the Parish Health Unit and the State Health Department. f. Garbage: If garbage hoppers are to [be] provided, then two (2) shall be provided for each twenty (20) RV sites, and each hopper shall be screened from view by wood or masonry fencing. g. Screen fences, walls and buffer screening: Fences should be installed where necessary for screening purposes such as around outdoor areas, laundry yards, refuse collection points and playgrounds. A six (6) feet opaque fence or buffer strip ten (10) feet wide designated and maintained on the site planted with plant materials acceptable for buffer zones. h. General: Individual RV sites may be leased or rented but not subdivided or sold. i. All improvements required in this section must be completed prior to the placement of any RV on the site. Appendix A. Section XV. - Amendment procedure D. Rezoning guidelines and criteria: The proponent for a change should present reasonable factual proof that two or more of the following criteria are met: 1. The proposed rezoning conforms to land development pattern established by the St. Charles Parish Comprehensive Plan Future Land Use Map and does not create a spot zone that is incompatible with the surrounding neighborhood. 2. The Land-use pattern or character has changed to the extent that the existing zoning no longer allows reasonable use of the applicant’s property, and that the proposed zoning does. In order to determine what is reasonable use of the property, the proponent for the zoning change should consider one or more of the following: a. Consideration of uses on adjacent properties that would limit the use of the site under consideration. b. Consideration of unique or unusual physical or environmental limitations due to size, shape, topography or related hazards or deficiencies. c. Consideration of changes in land value, physical environment or economic aspects which can be shown to limit the usefulness of vacant land or buildings. 3. Potential uses permitted by the proposed rezoning will not be incompatible with existing neighborhood character nor will they overburden public facilities and infrastructure. The Planning Staff shall base rezoning analyses on these criteria but shall not be prohibited from factoring unique circumstances of the application into the analysis. The Planning and Zoning Commission may state in its recommendations to the Council: its concurrence with, or rejection of, any or all of the proponents' case for the suggested amendment, and/or its position relative to proponents' statements on the case. Planning Staff analyses and recommendations shall be forwarded to the Council along with the Commission's recommendations.

E. Rezoning approval criteria: Before the Council votes to approve a rezoning, there should be reasonable factual proof by the applicant that: 1. The proposed map amendment is in compliance, or is not in conflict, with the goals and recommendations of the St. Charles Parish Comprehensive Plan and Future Land Use Map, also 2. The proposed map amendment does not negatively impact the health, safety, and welfare of the community.

24 REZONING GUIDELINE EVALUATION Before the Commission makes a recommendation or the Council rezones property; there should be reasonable factual proof by the proponent of a change that one or more of the following criteria are met: 1. The proposed rezoning conforms to the land development pattern established by the St. Charles Parish Comprehensive Plan Future Land Use Map and does not create a spot zoning that is incompatible with the surrounding neighborhood. The proposed R- 1M zoning would not be considered a spot zone as it would expand an existing R-1M district, but the portions of the subject property where the zoning change would occur have FLUM designation of Light Industrial. The residential use of manufactured homes and recreational vehicles permitted in the R-1M zoning district does not conform to this FLUM designation. The request fails the first guideline; however, Planning staff recommend a review of the Future Land Use designation of Light Industrial for this area in Des Allemands where residential uses along Old Spanish Trail are largely owner-occupied.

2. The Land-use pattern or character has changed to the extent that the existing zoning no longer allows reasonable use of the applicant's property and the proposed zoning does. The land use pattern in the area has been residential use in a mix of site-built houses and manufactured (or mobile) homes close to Old Spanish Trail for decades. The residential development concentrated along Old Spanish Trail was largely legally non-conforming, residential uses in an expansive M-1 zoning district that comprised several multi-acre tracts of the Couteau de France that extended from Old Spanish Trail to US Highway 90. The bulk of that M-1 zoning district remains, however, a major change occurred in the area in 2006, when Chevron USA worked with the District Councilman to complete a rezoning and a series of resubdivisions that created over 25 lots allowing long-time residents of the area to acquire the property they had been living on.

This particular large tract that the subject site originated from is bounded by lots residents acquired from Chevron. The subject site has undergone multiple rezonings and resubdivisions since the applicant acquired it in 1994. • The M-1 zoning is part of a much larger district established as part of the parish- wide zoning in 1981. • In 1998 portions were subdivided and rezoned R-1AM and R-1M (PZR-1998- 11, Ord. No. 98-8-7; PZR-1998-12, Ord. No. 98-8-10). • In 2001, the lots were resubdivided in a way that resulted in some lots split=- zoned R-1A(M) and R-1M (PZS-2001-68).

As a result of rezonings and resubdivisions, an area of less than two (2) acres is zoned R-1M. This limits the permitted use of the land to an RV park. An RV park, the only permitted use, is not reasonable considering the owner-occupied residential use in the area.

While several of changes to the zoning and land use pattern resulted from the property owner’s own actions, the result is that the existing zoning does not allow reasonable development. A combination of the lots into a two-acre site and a rezone of those two acres to R-1M will allow development of the property into an orderly manufactured (or mobile) home park. The request meets the second guideline.

3. Potential uses permitted by the proposed rezoning will not be incompatible with existing neighborhood character nor will they overburden public facilities and infrastructure. The existing neighborhood is developed with residential uses, both site- built and mobile homes, fronting Old Spanish Trail (LA 631). This reflects the R-1A(M) zoning which lines the majority of the right-of-way for approximately 5,000 ft. between Whitley Drive to the bend in LA 631. Expanding the existing R-1M zoning district by just over half an acre would allow for the development of a manufactured home park, which would not be incompatible with the residential area or overburden the street or drainage (managed by LA DOTD), or Parish utilities such as water and sewer. The request meets the third guideline.

ANALYSIS The applicant requests change of zoning on two acres to permit a manufactured home park (also called a mobile home park). The site is currently split-zoned R-1M, R-1A(M),

25 and M-1. The request would expand an existing R-1M district approximately 23,700 sq. ft. (across Lot 89A-6-B and portions of Lots 89A-6-A1-A, 89A-6-C).

The requested change meets the second and third rezoning guideline. The existing mix of R-1A(M), R-1M, and M-1 zoning prohibit reasonable use of the property because the area that is zoned R-1M is only large enough to permit an RV park, which is not compatible with the surrounding neighborhood. Increasing the area of the R-1M zone will allow development of an orderly mobile home park which is not incompatible with the surrounding neighborhood.

The applicant has been advised that if the rezone is approved, the area will have to be resubdivded into a two-acre lot.

The entire site is under three (3) acres, so approval would not require a corresponding change to the Future Land Use Map.

DEPARTMENT RECOMMENDATION Approval.

26 27 2021-5-R Requested by: Donald & Annabel Hogan Feet R-1A(M)/M-1 to R-1M 0 75 150 225 300 ¯

16407")

") 16415") 16415

LA LA 631 16423")

16423")

16437")

16461")

16459")

16479")

16481")

16491")

16501")

") 16517 16513")

16515") 16515")

") 16523 16523")

16541")

16545")

") ") 16547 16547 28 2021-5-R Requested by: Donald & Annabel Hogan Feet R-1A(M)/M-1 to R-1M 0 75 150 225 300 ¯

LA LA 631

FLUM

Light Industrial

Manufactured Home / Recreational Vehicle (RV) Park

29 Wetlands 2021-5-R Requested by: Donald & Annabel Hogan Feet R-1A(M)/M-1 to R-1M 0 75 150 225 300 ¯

LA LA 631

Zoning

R1AM

R1M

W 30 31 St. Charles Parish Department of Planning & Zoning

LAND USE REPORT CASE NUMBER: 2021-6-R

GENERAL INFORMATION ♦ Name/Address of Applicant Application Date: 1/5/2021 Darin Helm Jr. Helm Developments, LLC 105 Lac Claiborne Court Luling, LA 70070 (985)-210-9131; [email protected]

♦ Location of Site Lot J-2A, Plantation Business Campus; corner of River Road and Campus Drive East, Destrehan

♦ Requested Action Rezoning from M-1, Light Manufacturing and Industrial to R-1B, Single Family Residential

SITE INFORMATION ♦ Size of Site 130,697 sq. ft.

♦ Current Zoning and Land Use M-1; vacant, but cleared.

♦ Surrounding Zoning and Land Use M-1 zoning is located to the Campus Drive East and Destrehan Boulevard sides; R- 1B zoning is adjacent to the Audubon Place side; B-2 zoning is located to the River Road side.

Lot J-2A is within Plantation Business Campus, located at its entrance on the corner of Campus Drive East and River Road. The business campus consists of office/warehouse development consistent with what is permitted in the M-1 zoning district, including facilities receiving and sending deliveries from large trucks. The area was primarily defined by these industrial as well as institutional uses until the development of Destrehan Plantation Estates Subdivision, a 30 lot residential subdivision, in 2018. This subdivision is adjacent to the rear of the subject site.

♦ Development history The property is in located in Plantation Business Campus, a light-industrial park developed in the 1970s in the "southern portion" of the Pan American Southern Refinery site. The refinery operated from the early 1900s until 1958 when it was dismantled. The site is a corner lot with frontage on River Road as well as on East Campus Drive, the only street into the park.

The Louisiana Department of Environmental Quality (LDEQ)—Remediation Services Division (RSD) monitors the entire site of the former refinery as Agency Interest Number 4356.

In October 2016, P & L Investments, IX, LLC purchased the refinery site from BP Products, North America. In 2017, the area adjacent to the west or up-river of the subject site, indicated “UNDEVELOPED” on maps of the former refinery site submitted to LDEQ in reuse determinations, was rezoned to R-1B and developed with Destrehan Plantation Estates subdivision, 30 residential lots served by Audubon Place street (PZR 2017-05; Ord 17-3-7; PZS 2017-07; Ord 18-7-7). Although the site appeared to have been cleared for residential development, LDEQ required additional sampling before offering no objection to residential use.

32 Since that time, proposals for two other residential developments on the western portion of the former refinery site have failed to obtain clearance from LDEQ.

♦ Future Land Use Recommendation Business Park: Although office uses are permitted within the Light Industry land use category and the associated M-1 zoning district, this zoning classification also permits a variety of industrial uses that would be incompatible with the development of a quality, planned corporate office, research or technology park. Therefore, this new land use category (and the zoning district that should be developed to implement it) would provide for the development of planned business, office, technology and research activities, with uses limited to these and directly related ancillary uses, such as shipping offices, office supply, hotels and restaurants. Business parks should be planned to incorporate consistent standards of development quality.

♦ Traffic Access Lot J-2A has 525 ft. of frontage on East Campus Drive and 196 ft. of frontage on River Road. Access to river Road would require DOTD review and permit. Ingress and egress from East Campus Drive is limited by a median.

♦ Utilities Representatives for Parish utilities have not objected to the proposed rezoning.

APPLICABLE REGULATIONS Appendix A. Section VI. – Zoning District Criteria and Regulations [III.] R-1B. Single family residential detached conventional homes—Light to medium density: 1. Use Regulations: a. A building or land shall be used only for the following purposes: (1) Single family detached dwellings (2) Accessory uses (3) Gardening (4) Private recreational uses. b. Special exception uses and structures include the following: (1) Parks, public libraries, fire stations, police or sheriff's stations or substations, and sewer pumping stations (2) Showing and operation of historic buildings and/or sites and their related activities, provided a certificate from the United States Department of Interior is furnished by the owner verifying that the building and/or site is on the National Register of Historic Places. c. Special permit uses and structures include the following: (1) Child care centers (minimum lot size—20,000 square feet) (2) Public and private schools (except trade, business, and industrial) (3) Religious institutions (4) Golf courses (but not miniature courses or driving ranges) and country clubs (non-profit) with a site of at least five (5) acres and with all parking at least fifty (50) feet from rear and side property lines (5) Educational, religious and philanthropic institutions, provided, however, that such uses shall be located on sites of ten (10) acres or more, that buildings shall not occupy more than ten (10) percent of the site area, and that buildings be set back from all yard lines a distance of at least one (1) foot for each foot of building height. (6) Reserved. (7) Reserved. (8) Private commercial access roads, upon review by the Planning Commission and (9) Accessory Dwelling Units upon approval by the Planning Commission and supporting resolution of the Council. 2. Spatial Requirements: a. Minimum lot size: Ten thousand (10,000) square feet per family; minimum width - eighty (80) feet. b. Minimum yard sizes: (1) Front - twenty-five (25) feet (2) Side - eight (8) feet (3) Rear - twenty-five (25) feet. (4) Whenever property abuts a major drainage canal as defined by the Subdivision regulations the required setback for all structures shall be ten (10) feet measured from the inner boundary of such servitude or right-of-way, notwithstanding any other more restrictive setbacks, this provision shall not apply to any lot of record created and existing prior to the effective date of Ordinance No. 99-12-8, December 15, 1999. c. Accessory buildings: (1) An accessory building may occupy no more than twenty-five (25) percent of the required rear yard. (2) The accessory building shall not exceed two-story construction. (3) Minimum rear and side setbacks of a detached accessory building shall be five (5) feet. (4) Accessory buildings shall be located on the same parcel of land as the main structure. (5) Nonresidential accessory buildings shall not be permitted. d. Permitted encroachments:

33 (1) Overhangs projecting not more than twenty-four (24) inches, excluding gutter. (2) Stairs and landings not more than three (3) feet in height, projecting no more than four (4) feet into required front or rear yard. 3. Transportation System: Local and collector streets only.

Appendix A. Section XV. - Amendment procedure D. Rezoning guidelines and criteria: The proponent for a change should present reasonable factual proof that two or more of the following criteria are met: 1. The proposed rezoning conforms to land development pattern established by the St. Charles Parish Comprehensive Plan Future Land Use Map and does not create a spot zone that is incompatible with the surrounding neighborhood. 2. The Land-use pattern or character has changed to the extent that the existing zoning no longer allows reasonable use of the applicant’s property, and that the proposed zoning does. In order to determine what is reasonable use of the property, the proponent for the zoning change should consider one or more of the following: a. Consideration of uses on adjacent properties that would limit the use of the site under consideration. b. Consideration of unique or unusual physical or environmental limitations due to size, shape, topography or related hazards or deficiencies. c. Consideration of changes in land value, physical environment or economic aspects which can be shown to limit the usefulness of vacant land or buildings. 3. Potential uses permitted by the proposed rezoning will not be incompatible with existing neighborhood character nor will they overburden public facilities and infrastructure. The Planning Staff shall base rezoning analyses on these criteria but shall not be prohibited from factoring unique circumstances of the application into the analysis. The Planning and Zoning Commission may state in its recommendations to the Council: its concurrence with, or rejection of, any or all of the proponents' case for the suggested amendment, and/or its position relative to proponents' statements on the case. Planning Staff analyses and recommendations shall be forwarded to the Council along with the Commission's recommendations.

E. Rezoning approval criteria: Before the Council votes to approve a rezoning, there should be reasonable factual proof by the applicant that: 1. The proposed map amendment is in compliance, or is not in conflict, with the goals and recommendations of the St. Charles Parish Comprehensive Plan and Future Land Use Map, also 2. The proposed map amendment does not negatively impact the health, safety, and welfare of the community.

REZONING GUIDELINE EVALUATION Before the Commission makes a recommendation or the Council rezones property; there should be reasonable factual proof by the proponent of a change that two or more of the following criteria are met: 1. The proposed rezoning conforms to the land development pattern established by the St. Charles Parish Comprehensive Plan Future Land Use Map and does not create a spot zoning that is incompatible with the surrounding neighborhood. Granting the request would expand an R-1B district established in 2017, but it does not conform to the Business Park designation of the Future Land Use Map, which does not provide for residential uses. The request fails the first guideline.

2. The Land-use pattern or character has changed to the extent that the existing zoning no longer allows reasonable use of the applicant's property and the proposed zoning does. The existing M-1 zoning allows reasonable use of the site. The land use pattern immediately upriver has changed to a residential neighborhood which does impact the site—permitting M-1 uses on the site will require fencing and landscape buffering. However, the site is also adjacent to an office building, and within a business park that that is expanding with additional street, lots, structures, and uses. With over 130,000 square feet of area, frontage on both East Campus Drive and River Road close to I-310, the site is suitable for M-1 uses and the existing M-1 zoning does not deprive the property owner of use of the lot. The request fails the second guideline.

3. Potential uses permitted by the proposed rezoning will not be incompatible with existing neighborhood character nor will they overburden public facilities and infrastructure. The proposed rezoning would permit single-family residential lots that are 80 ft. wide on a developed street and at least 10,000 sq. ft. in area. Staff estimate that up to eight (8) lots could be designed on the existing streets if the zoning is changed. The applicant has prepared a resubdivision plat for six (6) lots. While development of 6-8 houses and residential use of the property is not likely to overburden streets, drainage, sewer, or water, it is out of character with the existing business park. Residential development on this site would not be incompatible with Destrehan Plantation Estates; however, the site is adjacent to the residential

34 subdivision and within—in fact, front corner lot of, the business park. The request fails the third guideline.

ANALYSIS The applicant requests a change of zoning from M-1, Light Manufacturing and Industry to R-1B, Single Family Residential on Lot J-2A of Plantation Business Campus in Destrehan. The lot is within a light-industrial business park, and it is bounded by River Road, south-bound East Campus Drive, an office building, and a residential subdivision. The applicant purchased the lot in November 2020.

The requested change to R-1B zoning does not meet any of the three rezoning guidelines.

It fails the first guideline because it does not conform to the Business Park designation of the Future Land Use Map. It fails the second guideline because the existing M-1 zoning has not deprived the property of use. The corner lot is over 130,000 square feet and located within Plantation Business Campus which recently expanded and is developing with more light-industrial structures and uses (2019-7-MAJ; Ord 20-6-13). It fails the third guideline because residential uses are incompatible with light industrial uses, especially at the only point of egress for business park traffic which can be high volumes of daily traffic including heavy trucks. This creates safety concerns.

The applicant submitted several documents from the LDEQ EDMS system for AI # 4356 (over 150 pages). Some of the documents, described below, suggest that LDEQ may not object to residential use of the property; however, none of the documents is specific to the proposed rezone: 1. Doc # 11046023 Letter dated March 26, 2018. Re: Former Pan American Refinery Additional Site Investigation Report for the 30 Lot Development Destrehan, Louisiana, Atlantic Richfield- A BP Affiliated Co; AI Number 4356, Former Pan American Refinery Site, Land between La Hwy 48 (River Road) & Railroad Switch Yard, Destrehan, St. Charles Parish, LA 2. Doc # 11036536 Report dated March 20, 2018. Re: P&L Investments IX, LLC, Destrehan, Louisiana, Former Pan American Refinery, Additional Site Investigation for the 30 Lot Development, Agency Interest No. 4356, CK Project No. 14316 3. Doc # 11005280 Email dated February 23, 2018. Re: Final Workplan for Additional Investigation of the 30 Lot Area (AI 4356); Attachments: Sampling Workplan_30 Lot Area_Final.PDF 4. Doc # 10993419 Letter Dated February 22, 2018. Re: P&L Investments IX, LLC, Destrehan, Louisiana, Former Pan American Refinery, Workplan for Additional Investigation of the 30 Lot Area, Agency Interest No. 4356, CK Project No. 16143 5. Doc # 10999441 Email dated Feb 12, 2018 Re: Former Pan American Refinery/30 Lot Area 6. Doc # 5945735 Letter dated October 12, 2007. Re: No Further Action Notification, Areas of Investigation (AOI) and Named Sites, Former Pan American Refinery, Agency Interest Number (AI) 4356 7. Document No. 5087145 Letter dated September 30, 2005. Re: Former Pan American Refinery, Agency Interest Number 4356, Results from Undeveloped Area Sampling, Destrehan; St. Charles Parish 8. Document #5020797 Letter dated August 15, 2005. Re: Results from Undeveloped Area Sampling, Undeveloped Area Surrounding Destrehan Plantation, Former Pan American Refinery; Destrehan, Louisiana, Agency Interest No. 4356. 9. Document #2776559 Letter dated July 1, 2005. Re: Request for No Further Action, Undeveloped Area Surrounding Destrehan Plantation, Former Pan American Refinery; Destrehan, Louisiana, Agency Interest No. 4356 10. Document No. 2398174 Letter dated August 3, 2004. Re: MO-1 Summary; Former Pan American Refinery, Agency Interest Number 4356; Destrehan; St. Charles Parish

The site is three (3) acres, so approval would require a corresponding change to the Future Land Use Map.

The applicant has been advised that if the rezone is approved, resubdivision into six or more lots is a major subdivision, and that under Ordinance 20-8-18 (a moratorium on major subdivisions), an application for a major subdivision would not be considered before February 2022 unless the Parish Council adopts the drainage study for the community of Destrehan.

DEPARTMENT RECOMMENDATION Denial, due to not meeting any of the rezoning guidelines.

36 2021-6-R Requested by: Helm Developments, LLC Feet M-1 to R-1B 0 100 200 300 400 ¯ 179") 178")

") 173 172")

") 167 166")

") 161") 119 160")

155") 154")

149") 148") ") 143") 101

") 142 ALPHA DR DESTREHAN BLVD 137")

136") 131")

130") 105") 125") 124")

") ") 118 115 ") 104

112") 107")

101") 106") 12920") CAMPUS DR EAST ") 12900 ") AUDUBON PL 100

12880")

RIVER RD

100")

RIVER RD

37 2021-6-R Requested by: Helm Developments, LLC Feet M-1 to R-1B 0 100 200 300 400 ¯

ALPHA DR DESTREHAN BLVD

AUDUBON PL

CAMPUS DR EAST

RIVER RD

FLUM

Business Park

Mississippi River

38 Riverfront Industrial 2021-6-R Requested by: Helm Developments, LLC Feet M-1 to R-1B 0 100 200 300 400 ¯

ALPHA DR DESTREHAN BLVD

AUDUBON PL

CAMPUS DR EAST

RIVER RD

Zoning

R1B 39 40 41