Terrebonne voters ousted from final zoning decisions

The Terrebonne Parish Council approved zoning ordinances despite mixed public support and calls for a public vote on the issue.

At the Sept. 12 meeting the council passed an ordinance repealing the “City of Houma

Zoning Map” and enacting a new map encompassing twice as much area titled the Zoning Map of the Parish of Terrebonne.”

And in a related ordinance, it enacted new zoning provisions that incorporated new areas,

Bayou Cane and Louisiana Highway 311, into the Urban Planning District.

Both ordinances passed unanimously with Councilman Pete Lambert abstaining on both ordinances and Councilman Clayton J. Voisin abstaining on the second.

While the new map was approved, zoning new areas still requires the council to pass new zoning ordinances.

Several residents spoke to the council in a marathon discussion over zoning in the parish and putting the issue to a vote before the public.

The council’s legal advisor Courtney Alcock advised the council its charter does give it the power to put the zoning issue on the ballot.

In 2005 the council sought an opinion from Attorney General Charles Foti Jr. as to whether or not it could put zoning on a ballot. The attorney general explained there was not enough specificity in the sections of the council’s charter provided to him to authorize an election of any type.

If the council were to attempt to put the issue to a public vote, the election would be unauthorized and little more than a straw vote, Foti said. It would also be considered a misuse of public funds.

But in 1997 the council passed a resolution stating zoning would not be enacted without a referendum of voters.

Foti was not provided this resolution when his opinion was sought.

But, Alcock said resolutions do not really have the effect of law and it was her opinion the attorney general’s opinion would not have been changed with knowledge of the resolution.

Alcock’s explanation provoked speakers from the public to ask the parish to pass an amendment to its charter permitting it to put forth issues it finds to be significant before voters.

The new zoning ordinances are focused on Districts 11 and 12. “It would be a travesty of the council to inflict zoning on areas that don’t want it,” said Councilman Harold Lapeyre.

“I’m asking you to let the people affected make the decision,” said Bayou Blue resident Roy LeBouef.

LeBouef actually paid Dr. Edward Renwick of Loyola University in New Orleans to conduct a poll on the issue. The poll revealed some startling results. According to LeBouef’s poll of residents from Districts 11 and 12, voters opposed zoning at a rate of about three to one,

Voisin said he truly believes people should vote on zoning. And he indicated the people in his district fear the new parish zoning map is just a stepping-stone toward the final destination of zoning everything in the parish.

Councilwoman Teri C. Cavalier explained she doesn’t feel the people in her district are against zoning and in fact want the protection it can provide from haphazard commercial developments disrupting their homes.

She also said she hasn’t heard people come out and speak from their hearts on zoning, as they tend to do when issues are important to them.

“We have bent over backwards to get input from the public,” said Councilman Harold

Lapeyre.

He explained both zoning items on the meeting’s agenda have been open to public opinion for the last 30 days.

Lapeyre even called for an informal vote from the public attending the meeting to make his point.

Planning and Zoning Department Director Pat Gordon indicated numerous public hearings have been held for people to voice their concerns about zoning.

Gordon said a number of residents had concerns about the classification of their property and modifications to the zoning map were subsequently made.

“It was definitely a give and take situation,” he said.

Gordon also explained residents can go to the Planning and Zoning Department’s office and request a variance of the zoning plan.

Ten years ago, Gordon was the unfortunate representative picked to give a presentation at the Bayou Cane Fire District. The meeting became so rowdy, future public hearings on the matter were stopped.

Gordon explained the biggest criticism he kept hearing at the time was the fact he did not have a map to show the public at the hearing.

“That was a tough public hearing,” he said. “After that, we saw the writing on the wall.”

Houma real estate developer Carl Heck Jr. said the council promised to send zoning to the voters before enacting it during an Aug. 28 meeting back in 2004.

Heck also brought up the fact the council put on the ballot whether or not to reduce its size from 15 members to nine. Much like putting zoning on the ballot, its charter doesn’t specify it could do this.

Alcott explained an amalgam of different business groups in Terrebonne produce a petition to force the council to put the issue of reducing its size on the ballot. But, she did not expand on the implication the public could produce a petition to put zoning on the ballot.

Former Councilman Robert Hale explained zoning will do little to fix the damage that has already be caused by the lack of zoning, namely situations involving bars in or around residential areas. “Zoning’s not going to close any of these places,” he said.

The Council Chairman Alvin Tillman Sr. seemed inclined to agree with Hale’s assessment and spoke of his own efforts to shutdown such places.

In the end, he admitted little could be done. A place of business is still considered to be in business so long as it continues to have its meter and pays its electric bill, even if the bill is as little as $5.

And even under the new zoning ordinances, as long as such places keep their electricity, they can persist in a non-operational state for years without reverting to a residential zone, R-1.

Tillman resigned to support the zoning issue near the end of the meeting.

“You got to admit it. It’s going to take place sooner or later,” he said. “It’s by district. It’s not something that’s going to happen all over the parish.”

But real estate broker Arlene Babin Chandler, a member of the public, shared her frustration and shock with the council over the size of the zoning document, which spans more than 100 pages. And still wonders if people in the now zoned areas really understand the requirements now thrust upon them.