City of Thibodaux Zoning Review - South Central Planning ...

City of Thibodaux Zoning Review - South Central Planning ... City of Thibodaux Zoning Review - South Central Planning ...

09.07.2015 Views

Thibodaux Zoning Review 2010can build according to those requirements. That is a lot less onerous than having to retrofitsomething that in the people’s minds that are doing it, it is an absurd requirement because in thecase I cited it is, it was so they just said if we’ve got to deal with this, we’re not coming becausewhat else is behind the next stone that is going to cause a problem if we have to get a variance togo from 16 to 18 parking spaces where we really need 6 and we can provide 6 easily, we can’tprovide 16 easily. Ms. Caesar replied I understand what you are saying and like I said it was thepoint I was making with the medical clinic if we’re changing parking because of one clinic then itwill be too much parking for some clinics and not enough for others so you can’t base zoningdecisions on how it is impacting just one entity. Mr. Harang replied right and just a suggestion, Iwould take medical clinics out of all of the other professions because they run them throughmultiple people within the hour, I don’t know any other profession that sees so many people duringthe course of a day, so if a medical clinic needs a certain number of spaces I don’t think engineers,architect, realtors, insurance agents, CPA’s, lawyers need the same thing that a medical clinicneeds because that is more one on one over time without people backed up with a waiting room.Ms. Caesar replied and like I said I guess that could depend on the type of doctor, the number ofdoctors at the clinic, I mean there are so many variables that would determine how many patientsthey are seeing you know I would image that an OBGYN might have them back to back andespecially if you have several of them in that one clinic. Maybe a doctor specializing in gerontologymight not need as many spaces, I don’t know without studying it, I don’t know. Mr. Breaud statedthere are many different classifications of a medical clinic I mean you could take medical clinicsand put it by itself but there are many different… Mr. Harang replied and you still have issues withthat but that causes issues for the other professions outside of the medical field if you put theirrequirements on everybody. Mr. Breaud replied well we can look at separating that you know wewent through this I guess it has been about a year ago with these classifications and parking andthis is the last thing that we had done that got adopted by the Council… Mr. Price replied no, that iswhen they were doing the study and they didn’t do anything with it. Mr. Breaud replied about ninemonths ago we went through each one of these categories and tried to identify so many parkingspaces or square foot per parking spaces and that never did get adopted and I guess we’re at thatpoint right now where we need to do something. We may want to look at putting medical clinics inat least a category by itself and maybe even separating that category possibly because it soundslike, we’re talking about future development right here, we’re not talking about existing stuffbecause they are grandfathered in if we’re having parking problems in establishments right now webasically have to live with it because they are grandfathered in. What we are trying to stop is anyfuture problems of allowing a guy to come in, he only says he needs 6 parking spaces but the firstthing you turn around, he’s got 12 cars parked at his establishment and 6 of them are in the publicright of way so that is the kind of stuff we’ve got to watch, you know. Mr. Jeff Donnes cameforward and stated Simone your recommendation is to go to 250 square feet, one car for every 250or 200? Ms. Caesar replied no, I didn’t make that recommendation; I presented those options, thecomparable cities that I presented, that was what they required for medical clinics. Mr. Donnesreplied and my suggestion might be to leave existing structures at 500 square feet per car whenyou’re going into an existing structure rather than those smaller units. When you’re buildingsomething you can do it, when you’re going in and you have small offices, small insurance offices,health insurance or life insurance office, I’ve got a 1,500 square foot office you can’t, you don’thave the spaces to go into these areas on Canal Boulevard on Bayou Road or wherever to giveme 200 square feet per car, there is no way I can do it. Mr. Breaud replied and you’re talkingabout non-conforming uses, you’re talking about rehabbing an existing development and trying tocreate something out of it. Mr. Donnes replied yes and again, you look at the thoroughfares, I’mgoing into non-conforming uses, however I’ve got 9,000 cars a day passing in front of my area,now if I’m in a R-1 area, it is not a single family subdivision if I’ve got 9,000 cars a day passing infront of my house, it is not you know. The regular subdivisions might have 400 or 500 cars maybeon a busy street, they don’t have 9,000, Canal Boulevard is sitting over there with 15,000 cars aday, that is not residential, that is not, LA 1, Highway 308, they are probably pushing I think on the308, North Canal Boulevard, they’re pushing 22,000 cars a day, that is not residential. Ms. Erwinreplied well it is residential, it’s got homes, it is mixed use but it is residential, it may not be aneighborhood. Mr. Donnes replied it is not a subdivision. Ms. Erwin replied it not a subdivision butit is definitely residential. Mr. Breaud stated you know one thing and it is part of the planningprocess is that we should not have a driveway access to a main artery in a subdivision you knowsubdivisions are created but you’ve got a street off it, you’re stuck with a lot of them but that is partof the planning process that we need to try to eliminate in the future you know. Mr. Donnes repliedbut anyway I would hope that you would address new facilities as compared to existing facilities inreference to parking. Mr. Gary Palmer came forward and stated my only question and maybe thisis not the right place to ask the question but it seems like I’ve got a new understanding of what youguys are trying to do and you’re trying to make the right decisions and the variance, which is aseparate committee can kind of do opposite of what you guys are trying to do so I don’t know that,why wouldn’t that committee be or why wouldn’t you be making the adjustments since you knowthe laws, you’ve made sure they accommodate and it seems like you guys would be the best onesto make the adjustments not a whole another commission, does that make sense. Mr. Breaudreplied Simone, do you want to address this; that is based upon State law I think. Mr. Palmerreplied they’re required to have a separate variance committee. Mr. Breaud replied in fact they’vego more power than, I know you’re running for City Council, that Board has got more power thanthe City Council has got and it is based upon State law. Mr. Palmer replied that is what I amsaying, they can kind of do whatever they want even though you guys are working hard to try and1996

2010 Thibodaux Zoning Reviewmake it… Mr. Breaud stated and that is based upon some State laws that established thelegislative powers that they have. Ms. Erwin replied but it is not whatever they want, it is within theguidelines, Gary, I mean… Mr. Palmer replied I’m just saying that you guys are trying to make itright and the work you’re doing could be thrown out by an opposite decision made. Ms. Erwinreplied except that is one of the reasons for this is that were misinterpretations in our zoningordinance and that is where we’re hoping that this gets even better to where anyone should beable to pick up the zoning ordinance and it not be interpreted so differently and so widely. Mr.Breaud replied thank you; does anybody else have any comments on off street parkingrequirements?If not, the maximum lot coverage, I know we had quite a bit of discussion on this earlier. This cameup on a previous agenda issue about eliminating the 50% rule and we heard testimony from Mr.Belanger tonight about the need for keeping this 50% coverage for aesthetic reasons and to keepsome, you know all we hear these days is green, green and this is part of a green process is tokeep some green in some of these areas. Does anybody want to make a comment on maximumlot coverage, it not, Simone, I thank you for making your presentation, I hope we gave you enoughinput from the public and us tonight to go back and refine your report somewhat and present itback to us. I’m not sure of the time line; there was some question about having a special meeting,if we wanted to address it before the next Council meeting you all can make that decision and letus know but other than that, I think we’ve got one more item on the agenda.The next item was to consider a request by a business person for the Planning & ZoningCommission to consider amending Article V of the Thibodaux Zoning Ordinance (Scheduleof District Regulations) in the placement of a business into a different zone. Mr. Breaudasked if somebody was here to address that. Mr. Alex Mabry, 111 Hackberry Street came forwardand stated I am trying to move Chubby’s Ice Cream, if you are familiar with it, I am on the corner ofCanal and Tosky’s building, two blocks up to the old hospice house. Since I’ve been in business Iguess some zoning laws have changed, before I went in front of the variance board and gotapproval to go where I was at in that zone at the time; now I think that is a Zone R-2, I am movingdown to an R-3 well in the rules and regulations there is a whole list of items and I don’t fall underreally none of them. I talked to the Mayor, I talked to Mr. Errol about it and I’m trying to ask if youcould add me to an R-3 as an ice cream parlor. I am a unique situation, I don’t cook any food andyou know we serve ice cream. Mr. Kearns asked if there was anything that you have in there otherthan ice cream. Mr. Mabry replied I do sell snowballs at the time inside the building but I don’thave to have that to stay in business, I know that there is a restriction on snowball stands and I’verode around Thibodaux, we have a couple of snowball stands and they sell nachos and hotdogsand hamburgers and I don’t do any of that, I strictly sell snowballs, I strictly sell ice cream so I’masking to be classified as an ice cream parlor, I don’t know what your classification of a snow ballstand is, when I think of a snowball stand I think of a mobile unit built, I don’t think of a walk inbusiness as a snowball stand. Mr. Breaud replied your predominate revenues would be derivedfrom selling ice cream I would assume. Mr. Mabry replied yes, sir, I don’t even advertisesnowballs, I had brought snowballs in because not a lot of people can have milk, dairy and I didn’thave really any options for them and I was asked by some of the parents if I could bring somethingin that their children could enjoy. Ms. Erwin replied well there is not an ice cream2097

<strong>Thibodaux</strong> <strong>Zoning</strong> <strong>Review</strong> 2010can build according to those requirements. That is a lot less onerous than having to retr<strong>of</strong>itsomething that in the people’s minds that are doing it, it is an absurd requirement because in thecase I cited it is, it was so they just said if we’ve got to deal with this, we’re not coming becausewhat else is behind the next stone that is going to cause a problem if we have to get a variance togo from 16 to 18 parking spaces where we really need 6 and we can provide 6 easily, we can’tprovide 16 easily. Ms. Caesar replied I understand what you are saying and like I said it was thepoint I was making with the medical clinic if we’re changing parking because <strong>of</strong> one clinic then itwill be too much parking for some clinics and not enough for others so you can’t base zoningdecisions on how it is impacting just one entity. Mr. Harang replied right and just a suggestion, Iwould take medical clinics out <strong>of</strong> all <strong>of</strong> the other pr<strong>of</strong>essions because they run them throughmultiple people within the hour, I don’t know any other pr<strong>of</strong>ession that sees so many people duringthe course <strong>of</strong> a day, so if a medical clinic needs a certain number <strong>of</strong> spaces I don’t think engineers,architect, realtors, insurance agents, CPA’s, lawyers need the same thing that a medical clinicneeds because that is more one on one over time without people backed up with a waiting room.Ms. Caesar replied and like I said I guess that could depend on the type <strong>of</strong> doctor, the number <strong>of</strong>doctors at the clinic, I mean there are so many variables that would determine how many patientsthey are seeing you know I would image that an OBGYN might have them back to back andespecially if you have several <strong>of</strong> them in that one clinic. Maybe a doctor specializing in gerontologymight not need as many spaces, I don’t know without studying it, I don’t know. Mr. Breaud statedthere are many different classifications <strong>of</strong> a medical clinic I mean you could take medical clinicsand put it by itself but there are many different… Mr. Harang replied and you still have issues withthat but that causes issues for the other pr<strong>of</strong>essions outside <strong>of</strong> the medical field if you put theirrequirements on everybody. Mr. Breaud replied well we can look at separating that you know wewent through this I guess it has been about a year ago with these classifications and parking andthis is the last thing that we had done that got adopted by the Council… Mr. Price replied no, that iswhen they were doing the study and they didn’t do anything with it. Mr. Breaud replied about ninemonths ago we went through each one <strong>of</strong> these categories and tried to identify so many parkingspaces or square foot per parking spaces and that never did get adopted and I guess we’re at thatpoint right now where we need to do something. We may want to look at putting medical clinics inat least a category by itself and maybe even separating that category possibly because it soundslike, we’re talking about future development right here, we’re not talking about existing stuffbecause they are grandfathered in if we’re having parking problems in establishments right now webasically have to live with it because they are grandfathered in. What we are trying to stop is anyfuture problems <strong>of</strong> allowing a guy to come in, he only says he needs 6 parking spaces but the firstthing you turn around, he’s got 12 cars parked at his establishment and 6 <strong>of</strong> them are in the publicright <strong>of</strong> way so that is the kind <strong>of</strong> stuff we’ve got to watch, you know. Mr. Jeff Donnes cameforward and stated Simone your recommendation is to go to 250 square feet, one car for every 250or 200? Ms. Caesar replied no, I didn’t make that recommendation; I presented those options, thecomparable cities that I presented, that was what they required for medical clinics. Mr. Donnesreplied and my suggestion might be to leave existing structures at 500 square feet per car whenyou’re going into an existing structure rather than those smaller units. When you’re buildingsomething you can do it, when you’re going in and you have small <strong>of</strong>fices, small insurance <strong>of</strong>fices,health insurance or life insurance <strong>of</strong>fice, I’ve got a 1,500 square foot <strong>of</strong>fice you can’t, you don’thave the spaces to go into these areas on Canal Boulevard on Bayou Road or wherever to giveme 200 square feet per car, there is no way I can do it. Mr. Breaud replied and you’re talkingabout non-conforming uses, you’re talking about rehabbing an existing development and trying tocreate something out <strong>of</strong> it. Mr. Donnes replied yes and again, you look at the thoroughfares, I’mgoing into non-conforming uses, however I’ve got 9,000 cars a day passing in front <strong>of</strong> my area,now if I’m in a R-1 area, it is not a single family subdivision if I’ve got 9,000 cars a day passing infront <strong>of</strong> my house, it is not you know. The regular subdivisions might have 400 or 500 cars maybeon a busy street, they don’t have 9,000, Canal Boulevard is sitting over there with 15,000 cars aday, that is not residential, that is not, LA 1, Highway 308, they are probably pushing I think on the308, North Canal Boulevard, they’re pushing 22,000 cars a day, that is not residential. Ms. Erwinreplied well it is residential, it’s got homes, it is mixed use but it is residential, it may not be aneighborhood. Mr. Donnes replied it is not a subdivision. Ms. Erwin replied it not a subdivision butit is definitely residential. Mr. Breaud stated you know one thing and it is part <strong>of</strong> the planningprocess is that we should not have a driveway access to a main artery in a subdivision you knowsubdivisions are created but you’ve got a street <strong>of</strong>f it, you’re stuck with a lot <strong>of</strong> them but that is part<strong>of</strong> the planning process that we need to try to eliminate in the future you know. Mr. Donnes repliedbut anyway I would hope that you would address new facilities as compared to existing facilities inreference to parking. Mr. Gary Palmer came forward and stated my only question and maybe thisis not the right place to ask the question but it seems like I’ve got a new understanding <strong>of</strong> what youguys are trying to do and you’re trying to make the right decisions and the variance, which is aseparate committee can kind <strong>of</strong> do opposite <strong>of</strong> what you guys are trying to do so I don’t know that,why wouldn’t that committee be or why wouldn’t you be making the adjustments since you knowthe laws, you’ve made sure they accommodate and it seems like you guys would be the best onesto make the adjustments not a whole another commission, does that make sense. Mr. Breaudreplied Simone, do you want to address this; that is based upon State law I think. Mr. Palmerreplied they’re required to have a separate variance committee. Mr. Breaud replied in fact they’vego more power than, I know you’re running for <strong>City</strong> Council, that Board has got more power thanthe <strong>City</strong> Council has got and it is based upon State law. Mr. Palmer replied that is what I amsaying, they can kind <strong>of</strong> do whatever they want even though you guys are working hard to try and1996

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