Residents kick off process to get recent zoning changes repealed

By Suzanne Le Breton

St. Tammany News Seven residents came before the Parish Council Thursday night, one taking the microphone and the others standing silently behind him.

Resident Andrew Varvoutis said the residents were exercising their right to begin a petition drive focused on repealing the zoning change allowing a 1.1 million square foot shopping center to be built off Louisiana Highway 21 and Interstate 12.

The council members were first made aware of the residents' latest attempt to stop the Colonial Pinnacle Nord du Lac development when Varvoutis, of Smart Growth Tammany, hand delivered a letter addressed to Council Chair Steve Stefancik to the council office last month.

The Home Rule Charter states any one resident or group of residents can bring before the public for a vote any act of law the Parish Council makes.

Stefancik said the first step in the process is to notify the council. From there, the council has 30 days to provide the resident or residents with a petition to circulate.

However, he said that letter did not constitute the notice required.

Varvoutis argued that the 30 days began March 6 when the letter was delivered to the Parish Council office, but the Parish Council took a different stand.

"Our position is notifying the Parish Council chairman does not constitute notifying the entire council," Stefancik said. "The council is a body, and the clock starts tonight."

He said the item would be placed on the agenda for the May 4 council meeting, which falls within the 30 days allowed.

Once they receive the petition forms, the residents will have 60 days to get the required number of signatures.

Anther point of contention between the council and the residents is who qualifies to sign the petition. The council has taken the stand that the issue is parishwide because it changed the parishwide zoning map.

However, residents argue the issue affects only District 1, where the proposed development is located.

If it is determined it is parishwide, the residents will be required to get signatures from 10 percent of the parish's registered voters. If it is narrowed down to only District 1, they need signatures from 20 percent of the registered voters in that district. They have 60 days to do so.

If they are successful, the Parish Council will have to reverse its decision or place the item on a ballot for a vote of the entire electorate.

Wayne Buras, the attorney for property owner Wainer Brothers, said the entire process is unfair to his client, and he threatened legal action.

He said his client has spent a lot of money on the project already with the understanding the zoning change had been granted.

He said a reversal of the zoning would be an "unconstitutional taking and could mean, as far as litigation, millions and millions of dollars."