Monday, November 4, 2013

land use plan changes


Planning Commission Public Hearing scheduled for November 12 2013 despite no application, no site plan on file, and to date, no sign display to notice public hearing.

TUESDAY November 12 2013 at 4pm in Council Chambers

Part of the St-Bernard-Parish-DRAFT-Comprehensive-Land-Use-Plan seeks to incorporate a total streetscape plan into the community, including tree canopies, ADA compliant sidewalks, and the much anticipated addition of bike paths and bike racks .

One bike path is slated for the major intersection of East Judge Perez and Campagna Drive, yet the southwest corner property lacks sidewalks and off street parking.  Unfortunately, the current situation leaves motorists vision obstructed with Used Car Inventory stored too close to the right of way on State Highway LA 39 East.

This corridor of East Judge Perez currently allows for C1 Neighborhood Commercial zoning for up to 250 feet from the major thoroughfare and has worked well for many successful Neighborhood Commercial businesses.  These businesses support the family oriented, pedestrian friendly neighborhood and are supported by the local residents. 

But, Used Car Sales is not an allowable use in C1 corridors and without documentation to support a previous conditional use, this business is not grandfathered; it was just never enforced.  The tenant recently made a request for a conditional use for an automotive repair shop in the back section of the lot.  It is unclear if the automotive repair business is for the public or for the used car inventory. 

 There just isn't enough room for both nonconforming businesses.

Above photos of the car repair shop before SBPG shut it down in late October 2013.

 There is a Planning Commission public hearing next week for a proposed zoning change for the back section of this lot; a split zoning of one parcel.  The request by the tenant does not include an affidavit of representation by the owner, and lacks a site plan.  Although SBPG Chapter 22 Zoning requires such documents prior to scheduling the hearing, letters were mailed to surrounding homeowners as notification of the request and SBPG published a notice on October 25th.



Should the Planning Commission and Parish Council decide to allow the conditional use, it should include written stipulations for sidewalks, off street parking, dumpster area, and State Highway right of way.  The property owner should also be required to address its other blighted properties in the area and to bring the metal building up to code.

Below photos after SBPG shut down the business (now seeking Conditional Use C1)

Over the past year the Parish Planning Commission and Council, with the support of the administration, have made changes to the Parish's zoning ordinance. The changes are designed to maintain and protect the residential features of our beloved neighborhoods.""  SBPG website
Spot zoning is defined as the singling out of a small parcel of land for a classification that differs from that of the surrounding area. Palermo Land Co. v. Planning Com'n 561 So. 2d 482 (La. 1990)

Residents have the right to secure tenure, including full public participation in planning and management of our resettlement and equal access to all the information before decisions are made.  It also includes the right to control how the land will be used and the duty not to use the land in a way that is harmful to other members of society.

Amnesty International: U S Congress urged to amend Stafford Act to guarantee humane and fair treatment of all disaster victims....allow victims to "return voluntarily, in safety and with dignity, to their homes" or "resettle voluntarily" " be allowed full participation in the planning and management of their return or resettlement"

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