Mar 19, 2025 Council Zoning

[CALL TO ORDER]

[00:00:04]

WELCOME, EVERYBODY, TO THE METROPOLITAN COUNCIL ZONING MEETING THIS WEDNESDAY, MARCH 19TH, 2025. WE'LL CALL THE MEETING TO ORDER. ASHLEY.

DO WE HAVE A QUORUM? WE HAVE A QUORUM. NUMBER ONE.

[1. 25-00108 Case 2-25 8125 Jefferson Highway]

MOTION TO APPROVE. FAILED 4 TO 4. THERE'S BEEN A REQUEST FOR A 30 DAY DEFERRAL.

WE HAVE A MOTION. MOTION BY COUNCILWOMAN ADAMS, SECOND BY COUNCILMAN HUDSON.

I'M SORRY. I APOLOGIZE; I'M MOVING AHEAD. ANYBODY WISHING TO SPEAK ON THIS ITEM? SEEING NONE, WE'LL GO TO COUNCIL. MOTION BY COUNCILWOMAN ADAMS, SECOND BY COUNCILMAN HUDSON. ANY OPPOSED? MOTION CARRIES FOR A 30 DAY DEFERRAL. I HAVE TWO RV2-25, A MANSOOR PROPERTY.

[2. 25-00195 RV-2-25 A Mansur Property Public Drainage Revocation ]

NO HEARING BEFORE THE PLANNING COMMISSION REQUIRED PER THE UDC. SECTION 3.6.3.

ANYONE HERE WISHING TO SPEAK ON THIS ITEM? MR. BRIAN AGUILAR IN FAVOR BUT DOES NOT WISH TO SPEAK.

DO YOU WISH TO SPEAK? I'M BRIAN AGUILAR, I WAS I'M REPRESENTING THE APPLICANT HERE IS CONTINENTAL ENTERPRISES.

WE HAVE A PIECE OF PROPERTY HERE THAT WE WERE TRYING TO DO SOME WORK ON AND FOUND OUT THERE IS AN OLD DRAINAGE SERVITUDE ON THE OLD PORTION OF WARD'S CREEK, AND THAT WAS REALIGNED APPROXIMATELY IN 2001.

WE'VE GOT SOME OLD MAPS FROM CSRS THAT WERE DONE WAY BACK THEN.

I JUST DON'T THINK IT WAS EVER OFFICIALLY. REMOVED TO SERVITUDE AND REDEDICATED TO WHERE THE CHANNEL EXISTS AT THE AT THE MOMENT. SO THAT'S WHAT WE'RE BASICALLY TRYING TO DO.

WE'RE TRYING TO DISSOLVE THE SERVITUDE THAT IS NO LONGER THE CHANNELS, NO LONGER THERE.

THE CHANNEL WAS REALIGNED, AND WE'RE JUST GOING TO MOVE THE SERVITUDE IN LINE WITH WHERE THE PRESENT CHANNEL IS TODAY.

WE THOUGHT IT WAS DONE YEARS AGO. OBVIOUSLY, THERE'S NO RECORD OF IT ACTUALLY BEING APPROVED.

AND THAT'S WHAT WE'RE ASKING FOR YOU TODAY IS A REVOCATION OF SERVITUDE AND A REALIGNMENT OF THAT SAME SERVITUDE ON THE PRESENT CHANNEL.

THAT'S IT. ANYONE ELSE WISHING TO SPEAK ON THIS ITEM? SEEING NO ONE GO TO COUNCIL MOTION BY COUNCILMAN HUDSON.

SECOND BY COUNCILMAN HURST. ANY OPPOSED? MOTION CARRIES.

THANK YOU. ITEM THREE. CASE 5-25 1896, 1858, 1844 WOODDALE BOULEVARD TO REZONE PROPERTY FROM HEAVY INDUSTRIAL M-2 TO HEAVY

[3. 25-00196 Case 5-25 1896, 1858 and 1844 Wooddale Boulevard]

COUNCIL DISTRICT SIX. DON, JR. COMMISSION ACTION.

MOTION TO APPROVE. CARRIED, 9-0. ANYONE HERE WISHING TO SPEAK ON THIS ITEM? SEEING NONE, WE'LL GO TO COUNCIL. WE HAVE A MOTION.

MOTION BY COUNCILMAN HURST. SECOND BY COUNCILWOMAN ADAMS. ANY OPPOSED? I'M SORRY. BY COUNCILMAN DON JUNIOR.

SECOND BY COUNCILMAN COUNCILWOMAN ADAMS. ANY OPPOSED? MOTION CARRIES. WE'LL TAKE ITEMS FOUR AND FIVE TOGETHER.

[Items 4 & 5]

COUNCIL DISTRICT ONE. NO COMMISSION ACTION. MOTION TO APPROVE.

CARRIED SEVEN ZERO. NUMBER FIVE. CASE 7-25 18510.

SAMUELS ROAD TO REZONE PROPERTY FROM RURAL TO LIGHT INDUSTRIAL M1 LOCATED ON THE EAST SIDE OF SAMUELS ROAD, SOUTH OF MOUNT PLEASANT ZACHERY ROAD . COUNCIL DISTRICT ONE.

NO COMMISSION ACTION. MOTION TO APPROVE. CARRIED SEVEN ZERO.

ANYONE HERE WISHING TO SPEAK ON ITEM FOUR AND FIVE? SEEING NONE, GO TO COUNCIL. MOTION TO APPROVE 60 DAY DEFERRAL.

SECOND BY COUNCILWOMAN ADAMS. MOTION BY THE CHAIR.

ANYONE OPPOSED? MOTION CARRIES. ITEM SIX. CASE 6-25 1808 PERKINS ROAD TO REZONE PROPERTY FROM

[6. 25-00219 Case-6-25 1808 Perkins Road]

RESTAURANT N CAB LOCATED ON THE SOUTH SIDE OF PERKINS ROAD, EAST OF VIRGIL STREET.

COUNCIL DISTRICT 12 [INAUDIBLE]. MOTION TO APPROVE.

CARRIED SIX ONE. WHAT'S THAT? OH, YEAH. SO, ANYONE HERE WISHING TO SPEAK ON THIS? PROPONENTS WILL SPEAK FIRST AND THEN OPPONENTS WILL SPEAK AFTER ANYONE WISHING TO SPEAK AS A PROPONENT OF ITEM NUMBER SIX.

[00:05:05]

GABRIEL MCKELLAR, 1808 PERKINS ROAD IS MY PROJECT, AND I GUESS I'LL JUST SHARE, AS I DID BEFORE, THAT IT IS A I'M HOPING TO REZONE FROM C1 TO N-CAB SO THAT I CAN SERVE FOOD AND BEVERAGES TO THE NEIGHBORHOOD AREA. AND AS I STATED BEFORE, SO THAT ALL THAT ORIGINALLY A SNOWBALL STAND OR I GUTTED MY HORSE TRAILER ON PROPERTY TO BE A SNOWBALL STAND SO THAT I COULD OFFER SOMETHING ON PROPERTY UNTIL WE WERE PERMITTED OCCUPANCY, WHICH WE WERE LAST THURSDAY THANKS TO HILL CONSTRUCTION AND WLC ARCHITECTURE.

BUT THE ALL THE FAMILIES THAT ARE BRINGING, YOU KNOW, BOTTLE OF WINE WITH THEIR PICNIC OR THEIR BEER WITH THEIR CRAWFISH.

I JUST WANT TO BE I WOULD LOVE TO BE ABLE TO SERVE THOSE ITEMS. AND THAT WAY, IT'S IT ADDS TO THE FACT THAT IT'S FOR THE FAMILY.

THE ADULTS CAN HAVE THEIR BEVERAGE AS WELL AS THE KIDS CAN HAVE THEIR SNOWBALLS.

AND IT'S BEEN REALLY, REALLY NEAT TO BE A PART OF THIS UNBELIEVABLE COMMUNITY.

ONE OF A KIND FOR SURE, AS WELL AS THE PROPERTY HAS BEEN A VERY, VERY EDUCATIONAL.

LAST OPENED IN 1967. AND LEARNING HOW TO ACHIEVE POWER AND WATER, THINGS LIKE THAT WAS, WAS REALLY INCREDIBLE. SO THAT IS MY GOAL TO BRING A FAMILY ORIENTED SPACE OR BRING IT BACK TO LIFE THERE AT 1808 PERKINS ROAD. AND I REALLY, I MEAN, THE KEY IS FOR THE NEIGHBORHOOD TO BE A PART OF IT.

OTHERWISE, IT'S ALREADY A FAILURE. SO, I LIKE MY YELLOW PICNIC TABLES AND THE OLD GAS STATION.

AND I WANT TO BE LIKE THE OTHER CITIES THAT ARE BRINGING OLD BUILDINGS BACK TO LIFE.

THAT IS MY GOAL, AND I THANK YOU ALL FOR THAT.

ANY OTHER PROPONENTS? AND I'M REX CABANISS 1213 STEWART AVENUE.

WE'RE THE ARCHITECTS ON THE PROJECT AND I'M HERE JUST TO SUPPORT, BUT MOSTLY ANSWER ANY QUESTIONS YOU MAY HAVE THIS EVENING.

THANK YOU. ANY OTHER PROPONENTS? ANY OPPONENTS WISHING TO SPEAK? OH, WE HAVE A LIST HERE.

KEVIN BONGIORNI. THAT'S ME. I STOPPED AT FIRST.

YES. MY NAME IS KEVIN BONGIORNI. I LIVE ON 1631 BLUE AVENUE.

MY PROPERTY IS RIGHT ACROSS THE STREET OF THIS STAND.

I WASN'T GOING TO SPEAK TODAY. AFTER THE WAY I FELT THAT THE PUBLIC WAS TREATED AT THE LAST MEETING.

THE PLANNING AND ZONING MEETING. TEN PEOPLE SPOKE.

THERE WERE FIVE OTHER PEOPLE WHO DID NOT SPEAK.

AND THEN THEY SAID THAT THEY HAD RECEIVED A NUMBER OF OTHER COMMENTS FROM PEOPLE IN THE COMMUNITY, AND THEY WERE COMPLETELY DISMISSED. AND IT WAS VERY CLEAR THAT THAT WHAT PEOPLE HAD TO SAY WAS NOT OF IMPORTANCE.

AND SO, I THOUGHT I WAS NOT GOING TO SPEAK. BUT THEN TODAY I DROVE BY THE 1808 STAND, AND THERE WAS A CAR PARKED ILLEGALLY AT THE AT A STOP SIGN. AND IT WAS IT WAS IMPEDING THE TRAFFIC RIGHT THERE AT THE SIGN.

AND IT WAS THERE FOR, I DON'T KNOW, AT LEAST 15 MINUTES.

AND IT BROUGHT TO MY ATTENTION JUST HOW IMPORTANT TO UNDERSTAND THAT THIS IS A BLIND AND DANGEROUS INTERSECTION.

VIRGIL STREET, OWNED TO PERKINS, IS VERY BLIND AND DANGEROUS, AND TO HAVE CARS PARKED, WHETHER LEGALLY OR ILLEGALLY, LIKE THIS CAR TODAY THAT WILL IMPEDE TRAFFIC AND PROHIBIT EGRESS AND INGRESS INTO THE NEIGHBORHOOD, WILL INCREASE THE DANGER TO THAT AND CHANCE OF ACCIDENT IN THAT NEIGHBORHOOD.

AND I JUST WANT TO GET HAVE YOU UNDERSTAND AND ACKNOWLEDGE AND HAVE IT ON THE RECORD AND NOTED THAT BY INCREASING AND PUTTING PARKING IN THIS NEIGHBORHOOD THE WAY IT IS, IS GOING TO CAUSE MORE ACCIDENTS AND THAT YOU ACKNOWLEDGE THAT AND UNDERSTAND THAT THAT'S WHAT'S GOING TO HAPPEN.

I DON'T KNOW HOW LIABILITY WORKS, BUT I JUST WANT IT TO BE ACKNOWLEDGED AND RECOGNIZE THAT THIS INCREASES THE DANGER IN THE AREA.

I KNOW THAT THE ARCHITECT THE OTHER DAY BROUGHT TO OUR ATTENTION AS WELL THAT A MEMBER OF THE COUNCIL IS ASSISTING THEM IN THIS.

[00:10:01]

BUT I JUST WANTED TO BRING THIS TO YOUR ATTENTION.

THANK YOU. DAVID MEYER.

I'M DAVID MEYER. I LIVE RIGHT ACROSS PERKINS ROAD FROM THE ESTABLISHMENT.

THAT'S 1808. WHEN I FIRST HEARD ABOUT THIS, THE SANDWICH SHOP AND THE SNOW CONES, I WISHED THEM WELL.

IT SOUNDED LIKE A NICE LITTLE NEIGHBORHOOD PIECE.

TWO DAYS BEFORE THE MEETING LAST WEEK, I HEARD ABOUT THE ALCOHOL FIRST TIME.

IT'S AN INVITATION FOR DISASTER. THE SAFETIES HAVE ALREADY BEEN MENTIONED.

I LIVE RIGHT ACROSS THE STREET. OUR HOUSE RIGHT NOW CANNOT BE DARKENED BECAUSE ALL THE LIGHTS COMING OFF THAT SITE.

I DON'T KNOW WHAT IT'S GOING TO BE LIKE WITH ALCOHOL.

THERE IS NO PARKING. PERKINS ROAD GOES FROM FOUR LANES TO TWO LANES AND RIGHT BY OUR HOUSE.

AND THE TRAFFIC IS HEAVY. IT MOVES FAST, AS THE PREVIOUS GENTLEMAN MENTIONED.

IT'S A SAFETY HAZARD. YOU CANNOT GET IN AND OUT THROUGH THOSE INTERSECTIONS.

A BLIND INTERSECTION ON VIRGIL IN PARTICULAR.

THE THING ONE OF THE THINGS THAT BOTHERS ME IS THE PERSON TRYING TO GET THIS ZONING IS NOT THE OWNER OF THE PROPERTY.

IT'S A TENANT. THE OWNER OF THE PROPERTY IS JIM LOCKETT.

HE IS NOTORIOUS FOR THE LACK OF MAINTENANCE ON HIS PROPERTY.

AND THE ENTIRE BLOCK IS BLIGHTED FROM HIS, I THINK SEVEN OR 8 OR 9 PROPERTIES THAT HAVE NO MAINTENANCE AT ALL, THE STATION BEING ONE OF THEM. ONCE THIS TENANT IS GONE, JIM LOCKETT HAS FULL POTENTIAL TO DO ANYTHING ALCOHOLIC WITH THAT HE WANTS. AND WE'RE IN WE'RE IN THE EDGE OF A HISTORICAL DISTRICT.

THE CITY PARK IS A BLOCK AWAY. AND I THINK THIS IS JUST AN INVITATION FOR DISASTER.

I DON'T THINK A LOT OF THINGS HAVE BEEN THOUGHT THROUGH.

I DON'T KNOW WHY IT'S BEING RUSHED THE WAY IT IS.

AND I WOULD LIKE TO SEE THIS POSTPONED UNTIL SOME DECENT STUDIES AND SOME CONSIDERATIONS OF ALL THE ISSUES INVOLVED ARE HIGHLIGHTED AND DEALT WITH. THANK YOU. SARA BONGIORNI.

HI, I'M SARA BONGIORNI. I LIVE ON BALDWIN AVENUE, WHICH IS THE REAR OF OUR PROPERTY OPENS ONTO VIRGIL DIRECTLY ACROSS FROM THE SITE.

I WANT TO SAY FIRST THAT I ADMIRE GABRIELLE'S DETERMINATION AND CREATIVITY, BUT THIS IS NOT THE RIGHT PLACE TO PUT THIS BUSINESS.

AND IT DOES CREATE TRAFFIC HAZARDS, WHICH ON A NEIGHBORHOOD THAT'S VERY QUIET BUT HAS EXTREMELY NARROW, MAYBE 14 OR 15 FOOT WIDE STREETS. AS IT IS, THERE'S NO SHOULDER.

THERE'S POOR VISIBILITY. THERE'S A REAL TRAFFIC HAZARD.

I CAN'T STRESS TO YOU ENOUGH HOW BLIND THE INTERSECTION IS AT VIRGIL AND PERKINS.

WE WERE SO I DO OPPOSE THIS FOR THAT REASON. I THINK THE IDEA OF SERVING ALCOHOL SO CLOSE TO PERKINS ROAD AND THEN.

AND THEN DELIBERATELY WANTING FAMILIES TO COME THERE AND, YOU KNOW, FOR THE CHILDREN TO PLAY AND EVERYTHING.

IT'S JUST SUCH A BAD COMBINATION BECAUSE THERE IS NO ROOM FOR ERROR THERE.

I REMEMBER YEARS AGO BECAUSE I'VE LIVED ON BALDWIN FOR 20 YEARS, AND THEN BEFORE THAT, FIVE YEARS ON OVID AND VIRGIL, WE WOULD WALK WITH OUR KIDS THERE. IT'S SO IT'S SO NARROW THERE THAT YOU HAVE TO COMPLETELY STEP OUT OF THE STREET.

IF ONE CAR GOES BY. IT'S THAT CLOSE TO YOU. IT'S ALMOST LIKE THEY BRUSH YOU PHYSICALLY.

ALMOST. IT'S THAT CLOSE. AND I REMEMBER FUSSING AT MY HUSBAND, WHO SPOKE JUST A COUPLE OF MINUTES AGO, AND HE WAS STANDING NEAR THE EDGE OF THE STREET TALKING WITH A NEIGHBOR AND ONE OF OUR DAUGHTERS, WHO WAS THREE AT THE TIME, AND HE'S JUST TALKING AWAY.

AND I FUSSED AT HIM AFTERWARDS. I SAID, WHAT ARE YOU DOING? YOU CANNOT HAVE A CONVERSATION WITH ANOTHER ADULT WHEN YOU ARE STANDING THAT CLOSE TO THOSE TRAFFIC.

AND I DON'T CARE HOW QUIET IT IS, BECAUSE THERE'S NO ROOM FOR ERROR THERE.

AND NOW YOU'D BE ON A, HAVE ADDITIONAL CONGESTION, WORSENED VISIBILITY AND SO FORTH, AS WELL AS THAT FAST TRAFFIC ON TRAFFIC.

EXCUSE ME, ON PERKINS, I ALSO WANT TO NOTE THAT THERE ARE ABOUT TEN SPEAKERS IN OPPOSITION AT THE COMMISSION.

AND THEN WHEN I LOOKED AT THE AGENDA TODAY, IT JUST SAID SIX ONE AS IN APPROVING IT.

BUT THAT IS NOT THE FULL STORY. I USED TO BE THE SECRETARY ON THE BOARD OF THE NATIONAL CHARITY LEAGUE HERE THAT THE RIVER ROAD CHAPTER AND I HAD NO EXPERIENCE SERVING ON A BOARD. SO, I WOULD TYPE UP EVERYTHING.

I WAS LIKE, OH MY GOD, LIKE HE'S LOOKING LEFT NOW. I WAS TYPING LIKE A NOVEL EVERY TIME, BUT LET ME TELL YOU, PEOPLE KNEW EXACTLY WHAT HAPPENED.

IT WAS HIGHLY ENTERTAINING TO MY COACH, MY COACH BOARD MEMBERS.

BUT I KNEW EXACTLY WHAT HAPPENED, AND THERE WAS NO WAY YOU COULDN'T KNOW WHAT HAPPENED.

ALL THAT WAS ON THE BACKGROUND WAS A61 VOTE, AND THAT DOES NOT TELL THE STORY.

SO I WANT TO POINT THAT OUT. I ALSO WANTED TO ASK YOU TO DELAY THIS.

[00:15:03]

THOSE ARE GOOD THINGS. BUT THIS IS BEING PUSHED THROUGH TOO QUICKLY.

AND, YOU KNOW, SUSPICION AND DISTRUST ARISE WHEN YOU DON'T COMMUNICATE CLEARLY WITH PEOPLE, AND PEOPLE DON'T KNOW WHAT'S GOING ON. SO TALK TO PEOPLE, LET PEOPLE KNOW WHAT'S GOING ON.

I WAS A BIG ADMIRER, AND I'M GLAD TO BE HERE TONIGHT, BECAUSE I REALLY LOOKED UP TO THE WAY THAT YOU ALL HANDLED THE LIBRARY THE ISSUE.

AND YOU CAME TO A COMPROMISE, AND I FELT LIKE YOU LISTENED.

I DID NOT FEEL LIKE THE ZONING COMMISSION LISTENED.

OKAY. THANK YOU. THANK YOU. DEBORAH ROWE.

GOOD AFTERNOON Y'ALL. I AM HAPPY TO BE HERE TO SPEAK ON BEHALF OF THE NEIGHBORHOOD.

I LIVE AT 1755 PERKINS ROAD. I HAVE LIVED THERE FOR MANY YEARS.

I PROBABLY NEED TO BACK UP. I HAVE A LOUD VOICE.

ANYWAY, I LIVE IN A HOME THAT HAS BEEN MORTGAGE FREE FOR YEARS, AND I WANT TO SAY THAT MANY OF THE HOMES IN OUR NEIGHBORHOOD CLOSE TO THIS LOCATION, ARE LONG TERM RESIDENTS WHO ARE LIVING IN THEIR HOMES NOW MORTGAGE FREE.

I LIVED THERE FOR A LONG TIME BECAUSE I WORKED AT THE CATHOLIC LIFE CENTER.

I WAS THE DIRECTOR OF CATHOLIC CHARITIES, AND I COULD WALK TO WORK AND COME BACK.

MY HOME IS PAID OFF AND I'M INTENDING TO SPEND MY RETIREMENT YEARS THERE.

LIKEWISE, ARE MANY OTHER PEOPLE IN THE AREA WITH THIS PROJECT.

WE WERE VERY HAPPY TO HAVE THE CUTE SNOWBALL STAND AND GABRIELLE IN THE NEIGHBORHOOD.

VERY SWEET PEOPLE. BUT THEN ALL OF A SUDDEN, IT'S TURNING INTO A BUSINESS.

IT'S TURNING INTO A RESTAURANT. GABRIELLE HAS TOLD, I'M SURE ALL OF YOU AND ALL OF US ABOUT HER PASSION FOR YOUNG PEOPLE.

AND THAT'S THE GROUP THAT SHE WANTS IN HER LOCATION.

BUT IT JUST HIT ME YESTERDAY. OKAY, SO WE WANT TO GATHER YOUNG PEOPLE, BUT WE ALSO WANT A LIQUOR LICENSE.

AND I'M JUST. SOMEHOW THAT JUST IS SEEMING CONTRADICTORY TO ME.

I'M SORRY, HONEY. THE OTHER THING I WANTED TO TALK ABOUT WAS THAT CORNER AGAIN.

I THINK IT'S BEEN WELL DESCRIBED. THE CORNER OF LYDIA AND PERKINS HAS A CURVE WHEN YOU FIRST TURNING ONTO IT. IT'S A SLIGHT CURVE, AND EVEN WITH NOBODY ELSE ON IT, YOU CAN'T SEE FURTHER THAN A BLOCK.

NOW, THAT AREA BEHIND THE PROPERTY HAS BEEN LAID WITH GRAVEL, AS IF IT'S GOING TO BE A PARKING AREA.

WE DON'T KNOW BECAUSE THERE HAS BEEN ZERO COMMUNICATION WITH THE NEIGHBORHOOD, EXCEPT FOR IN THE FORM OF PERSONAL CONVERSATIONS SOME OF US HAVE HAD. THERE'S BEEN NO INFORMATION SHARED WITH THE NEIGHBORHOOD.

THERE'S BEEN NO OPPORTUNITY TO HAVE A PUBLIC HEARING, SO WE DON'T REALLY KNOW WHAT'S GOING ON.

WE'VE GONE FROM SERVING CHILDREN TO WANTING TO SERVE LIQUOR, AND NOW WE HAVE TO HAVE A RESTAURANT IN ORDER TO SERVE THE LIQUOR.

AND THERE'S NO PARKING ANYWHERE AROUND. SO I JUST WANTED TO SAY THAT AND THAT PARTICULAR LOCATION, WE'VE WE'VE TALKED ABOUT THE SPEED ON PERKINS ROAD AND DURING RUSH HOUR, IT CAN BE VERY FAST.

THAT PARTICULAR LOCATION OF THAT QUOTE, OLD GAS STATION FOR YEARS WAS WHERE THE POLICE PARKED.

THEY HID AT THE SIDE OF THE BUILDING TO GIVE SPEEDING TICKETS TO PEOPLE COMING DOWN.

PERKINS. SO HAVING A FAMILY FACILITY, A SNOWBALL STAND WAS FINE, BUT LIQUOR IS NOT.

SO THANK YOU VERY MUCH. APPRECIATE YOUR TIME.

THANK YOU, ROBERT REED. METRO COUNCIL, ROBERT REED, 1832 PERKINS ROAD. OUR FAMILY HAS LIVED TWO DOORS DOWN FROM THE OLD GAS STATION FOR 29 YEARS.

HOPEFULLY YOU RECEIVED MY EMAIL THIS MORNING.

WE ARE OPPOSED TO THE REZONING OF NC WITH ALCOHOLIC BEVERAGE.

I'M A PROFESSIONAL CIVIL ENGINEER. I'VE TAUGHT TRAFFIC SAFETY MERIT BADGE TO THE BOY SCOUTS NUMEROUS TIMES.

I WANT IT ON PUBLIC RECORD. THIS PROPERTY HAS SIGNIFICANT PUBLIC SAFETY ISSUES.

[00:20:02]

IT IS ANOTHER TO HAVE A COMMERCIAL SPACE THAT YOU INVITE THE GENERAL PUBLIC INTO, AND IT'S QUITE ANOTHER THING TO THEN SERVE ALCOHOL IN THAT SPACE. VIRGIL STREET IS NARROW AND IN BAD CONDITION, AND THAT INTERSECTION IS DANGEROUS.

THE CURVE IN PERKINS ROAD AND THE WOODEN FENCE THERE HAVE GREATLY REDUCED THE SIGHT DISTANCE FOR PEOPLE TURNING IN OR PULLING OUT.

BUT THE NEIGHBORHOOD IS AWARE, SO THEY USE OTHER CONNECTING STREETS.

THE PARKING AT 1808 SHOULD BE THE GRAVEL PARKING IN THE BACK OF THE PROPERTY, BUT PATRONS OF THE SNOWBALL STAND ALSO RECOGNIZE THE DANGER OF THIS INTERSECTION, SO THEY PARK IN FRONT ON PERKINS. THE BUILDING IS ON THE PROPERTY LINE.

THE ONLY PARKING IS ON THE SIDEWALK. MY SIGHT DISTANCE BACKING OUT OF MY DRIVEWAY, YOU KNOW, WAS NOT GREAT WHEN 808 WAS VACANT, BUT I LEARNED TO BE CAUTIOUS LIVING THERE FOR 29 YEARS NOW WITH CARS PARKED ON THE SIDEWALK.

I CANNOT SEE ONCOMING TRAFFIC UNTIL THE BACK END OF MY CAR IS IN THE ROAD, AND TRAFFIC ON PERKINS DOES NOT HAVE ENOUGH TIME TO SEE ME.

ONE OF MY FAMILY MEMBERS OR MYSELF ARE GOING TO GET HIT, AND THIS IS WITH A SNOWBALL STAND RUN OUT OF A TINY HORSE TRAILER.

JUST IMAGINE WHAT IT WILL BE WITH A RESTAURANT SERVING ALCOHOL, AND THE PATRONS WILL HAVE TO BACK OUT ALSO.

AND THEN THE DANGER TO THE TRAVELING PUBLIC ON PERKINS.

ALSO, WHEN THEY PARK ON THE SIDEWALK, IT BLOCKS PEDESTRIAN TRAFFIC.

JUST LAST WEEK, PREPARING FOR THE PARADE, I SAW A MOM PUSHING A BABY STROLLER.

I SAW A COUPLE WALKING BACK FROM PERKS COFFEE AND A GIRL WALKING HER DOG.

ALL HAVE TO MOVE OUT INTO PERKINS ROAD WITH THE LIMITED SIGHT DISTANCE.

IN ORDER TO WALK AROUND THE PARKED CARS. I'VE HAD TO DO THIS NUMEROUS TIMES WALKING MY OWN DOG.

AGAIN, THIS IS WITH A SMALL SNOWBALL STAND. WHAT WILL IT BE LIKE WITH A RESTAURANT SERVING ALCOHOL FOR ETERNITY? SOME SORT OF GUARDRAIL OR BOLLARDS NEED TO BE PLACED TO BLOCK PATRONS FROM PARKING ON THE SIDEWALK.

ALL PARKING SHOULD BE IN THE BACK OF THE PROPERTY ON VIRGIL.

YOU SHOULD DENY THE WITH ALCOHOL BEVERAGE AND DENY ANY PERMIT FOR OCCUPANCY UNTIL THIS IS CORRECTED.

THIS IS ALL ON YOU. THIS IS A PUBLIC SAFETY ISSUE.

ALSO, WE HAVE COUNTRY CORNER A BLOCK AWAY WITH GREAT FRIED CHICKEN, CRAWFISH, CRABS, BEER, WINE. THERE'S NO DEMAND FOR THIS. AMY DEWITT.

AMY DEWITT. I LIVE AT 2430 CATO STREET IN POETS CORNER.

I WAS LOOKING OVER WHAT THE OFFICE OF THE PLANNING COMMISSION HAD ON THEIR SITE, AND I SEE THAT THIS LOT DID NOT MEET CONFORMITY THERE. HOWEVER, CHANGING ZONING, I REALIZE, DOES NOT INCREASE OR INCREASE OR DECREASE WHETHER IT CONFORMS. THAT SAID, WHEN YOU ADD ALCOHOL THERE, THAT IS GOING TO MAKE IT MORE OF AN ATTRACTIVE NUISANCE. IT'S GOING TO DRAW MORE PEOPLE THERE.

AND BECAUSE IT IS NON-CONFORMING THERE IS NO PARKING.

THERE'S NO ROOM FOR THIS. LIKE ALL THE OTHER PEOPLE HAVE SAID, I'VE LIVED IN THAT NEIGHBORHOOD FOR 20 YEARS.

ALL OF JIM LACKEY'S. PROPERTY IS IN A GROSS STATE OF DISREPAIR, AND CERTAINLY THE GAS STATION WAS A PRIME EXAMPLE.

AND THE FACT THAT IT ISN'T NOW SERVICE IS GREAT.

BUT DO WE REALLY NEED ALCOHOL THERE? ALSO, I.

NOTICED THAT THEY SAID PUBLIC THIS IS BACK. THE PLANNING AND ZONING SAID THAT THEY HAD NOTIFIED ALL THE PROPERTY OWNERS WITHIN 300FT. AND POETS. CORNER NEIGHBORHOOD ASSOCIATION I HAVE BEEN VICE PRESIDENT, THE PRESIDENT AND FOR 20 YEARS THE DE FACTO COORDINATOR OF OUR NEIGHBORHOOD ASSOCIATION. EVERYBODY IN OUR NEIGHBORHOOD KNOWS THAT AND NOBODY CONTACTED OUR NEIGHBORHOOD ASSOCIATION.

WE GOT ZERO INFORMATION. THAT'S NOT RIGHT. WE NEED TO KNOW WHAT'S GOING ON.

THEN THE OTHER ITEM IS THIS. THAT WAS PRINTED FROM PLANNING AND ZONING.

ALL THAT YELLOW SHADING THAT IS ALL RESIDENTIAL.

AND BEYOND THAT, THE RED IN THE CENTER IS GOING TO BE A RESTAURANT, SLASH BAR, SLASH SNOWBALL STAND, SLASH HAIRCUTTING PLACE. WE DON'T KNOW THAT.

[00:25:02]

AND YOU KNOW, WHEN YOU'RE ON THAT SIDE, THAT'S WHAT YOU'RE THERE TO DO WHEN YOU'RE BACK ON OUR SIDE OF THE OVERPASS.

RESIDENTIAL. WHY? WHY PUT SOMETHING THAT SERVES ALCOHOL RIGHT IN THE MIDDLE OF IT IN A FAMILY, FAMILY RESTAURANT. I OPPOSE. I ASK YOU ALL TO RECONSIDER THIS VERY STRONGLY.

THANK YOU. JOHN WORT. A THANKS FOR THE OPPORTUNITY TO SPEAK. I WANT TO REMIND THE COUNCIL ABOUT THE TEN YEARS OF CONFLICT BETWEEN HOMEOWNERS AND THE OPEN AIR RESTAURANT BOYLE AND RUE ON KERSEY BOULEVARD. BOYLE AND RUE PROMPTED REPEATED NOISE COMPLAINTS, PERMITTING ISSUES AND PROBLEMS WITH ITS LIQUOR LICENSE.

IN ADDITION TO THOSE PROBLEMS, PATRONS OF BOYLE AND RUE WERE DISRESPECTFUL OF NEIGHBORS, EVEN AT TIMES THREATENING NEIGHBORS.

AND ALSO, BOYLE AND RUE WAS AN OUTDOOR FACILITY.

THIS PROPOSED SITE IS AN OUTDOOR PATIO, RESTAURANT, TABLES AND CHAIRS OUTSIDE, PICNIC TABLES OUTSIDE.

THE DEVELOPER OF THIS PROJECT, AT 1808 PERKINS ROAD, HAS NOT CONTACTED THE NEIGHBORS TO DISCUSS NOISE, PARKING, CONGESTION, LIGHT POLLUTION OR OTHER MATTERS.

SHE HAS THE APPROVAL PROCESS. SHE IS RUSHED THIS APPROVAL PROCESS.

SO, I ASKED YOU GUYS TO DELAY A VOTE ON THIS ISSUE.

AND I'D LIKE TO MENTION THAT SECTION 7774 OF THE UNITED DEVELOPMENT CODE SAYS NONCONFORMING USES INVOLVING THE SALE OF ALCOHOL SHALL NOT BE REESTABLISHED IF THE SALE OF ALCOHOL AT THE BUSINESS IS DISCONTINUED FOR SIX MONTHS OR MORE.

THE PLANNING COMMISSION'S REPORT FOR THIS PROJECT ALSO SAYS THE PROJECT DOES NOT MEET MINIMUM SQUARE FOOTAGE REQUIREMENTS.

THIS IS CALLED SPOT ZONING, AND SPOT ZONING, BY DEFINITION, IS THE PROCESS OF SINGLING OUT A SMALL PARCEL OF LAND FOR USE. CLASSIFICATION. CLASSIFICATION TOTALLY DIFFERENT FROM THAT OF THE SURROUNDING AREA, FOR THE BENEFIT OF THE OWNER OF THE PROPERTY OR THE DEVELOPER IN THIS CASE, SO TO THE DETRIMENT OF THE HOMEOWNERS NEARBY IN THIS CASE.

SO THE REQUEST IS NOT COMPATIBLE WITH SURROUNDING USES, WHICH IS SINGLE FAMILY HOMES.

THIS THIS PROJECT DOES NOT CONFORM TO THE UNIFIED DEVELOPMENT CODE REQUIREMENTS.

SO I ASK YOU TO DEFER A VOTE AT LEAST. THANK YOU.

WE ALSO HAVE MITCH EVANS SHOWING AS OPPOSE BUT DOES NOT WISH TO SPEAK.

ANYONE ELSE HERE WISHING TO SPEAK ON THIS ITEM? PLEASE. GOOD AFTERNOON. THANK YOU. MY NAME IS KIMBERLY CARMOUCHE, LIVE AT 1825 PERKINS ROAD. I WANT TO START BY SAYING THAT I SUPPORT LOCAL BUSINESSES.

IT'S NOT AN ATTACK ON A LOCAL BUSINESS. MY FRIENDS AND FAMILY AND LOVED ONES ARE SMALL BUSINESS OWNERS AND KNOW THE HARDSHIPS AND HARD WORK THAT IT TAKES TO MAKE IT.

WHAT I'VE LEARNED FROM SMALL BUSINESS OWNERS IN MY LIFE IS THE CORRECT WAY TO TREAT PEOPLE IN A COMMUNITY YOU'RE SERVING. I'VE NOT SEEN THIS DONE BY THE BUSINESS DEVELOPER. ON THE CONTRARY, I'VE SEEN THE COMMUNITY NOT BE SPOKEN TO, AND YET POSTS BEING MADE ON SOCIAL MEDIA THAT WE'RE ALL SUPPOSED TO BE FOLLOWING THE SOCIAL MEDIA PAGE IN ORDER TO GET UPDATES ABOUT WHAT'S GOING ON IN OUR COMMUNITY.

THINGS WERE POSTED AND WE WERE NOT ABLE TO SEE THEM.

THEY WERE NOT POSTED IN PLAIN SIGHT. THE FACTS ARE THIS THE SNOWBALL STAND THAT HAS BEEN THERE HAS BEEN TOLERATED UP UNTIL THIS POINT, BUT IT'S NOT WITHOUT ITS PROBLEMS. ADDING ALCOHOL TO THE MIX OF THIS WILL ONLY MAKE THE ISSUES THAT WE'RE ALREADY EXPERIENCING WORSE.

WE DO NOT HAVE THE INFRASTRUCTURE ON THIS SIDE OF PERKINS TO GROW AND DEVELOP A RESTAURANT OR BAR.

THE REMARKS, MADE BY GABRIELLA AT THE LAST MEETING ABOUT HER PLANS TO DEVELOP THE WHOLE AREA DOWN THE LINE, ARE HIGHLY CONCERNING AS WELL. THIS IS A RESIDENTIAL AREA WITH GROWING FAMILIES AND SMALL ROADS.

WE DO NOT WANT THIS TO HAPPEN. WE CANNOT READILY ACCOMMODATE THE REZONING.

WE ARE AGAINST THE REZONING WHOLEHEARTEDLY AND ARE ASKING, AT THE VERY LEAST FOR A POSTPONEMENT, TO SEE IF SHE IS EVEN CAPABLE OF MAKING THE NECESSARY AND APPROPRIATE CHANGES NEEDED WITH THE SNOWBALL STAND ALONE.

THIS REZONING IS PUT THROUGH AGAINST THE WILL OF THE PEOPLE OF THIS COMMUNITY.

WE WILL HAVE NO OTHER CHOICE BUT TO COME TO THE CONCLUSION THAT OUR VOTES NEED TO CHANGE COME TIME FOR REELECTION.

I WILL NOT STOP SPEAKING VOCALLY AND CONSISTENTLY REGARDLESS OF THIS GOES THROUGH OR NOT, BUT PLEASE HEAR YOUR CONSTITUENTS AND KNOW THAT WHETHER THIS GOES THROUGH, THIS WILL START THE CONSTRUCTION OF A PRECIOUS COMMUNITY. WE HAVE BEEN HERE LONGER, AND WE WILL STILL BE HERE.

IF THIS COMMUNITY DOES NOT WANT THIS AND WE ARE PLEASE ASKING YOU TO STOP.

[00:30:07]

I ALSO LIVE IN POETS CORNER. I DON'T WANT TO ADD TO YOUR BURDEN OF LISTENING TO REPEAT, SO LET ME JUST TELL YOU TWO SOLID POINTS.

WE HAD THE MEETING ON MONDAY WHERE SHE WAS THE DEVELOPER WAS ADDRESSED THE ISSUE OF OUR CONCERNS ABOUT PARKING, AND I CAME HOME FROM WORK YESTERDAY EVENING WITH A BLUE CAR PARKED ON THE SIDEWALK AS I DROVE BY, COMING HOME FROM WORK AROUND FOUR 430. WE NEED SOMEBODY WHO WE DO NOT NEED SOMEBODY WHO IS GOING TO TREAT OUR COMMUNITY THAT WAY.

THE SECOND PIECE I HAVE IS WE HAVE CONSISTENTLY, AS A NEIGHBORHOOD SAID, PLEASE DO NOT DEVELOP THIS AREA.

WE ARE A WHOLE NEIGHBORHOOD THAT ARE TELLING THE COUNCIL WITH A SINGLE VOICE WHAT WE AS A COMMUNITY WANT.

THIS DEVELOPER NEITHER LIVES IN NOR IS PART OF THE POET'S CORNER AND YET PLANS TO DO THINGS THAT MAKE OUR SUBDIVISION OR WHATEVER WE CALL THAT LITTLE COVE OF OURS MUCH WORSE AND MUCH LESS SAFE. I URGE YOU TO PLEASE EMPHATICALLY VOTE NO.

WE DO NOT NEED THIS, NOR DO WE WANT THIS. AND WE ARE THE VAST MAJORITY OF OUR NEIGHBORHOOD.

WE ARE NOT THE SINGLE DEVELOPER. THANK YOU SO MUCH FOR LISTENING TO US.

ANYONE ELSE WISHING TO SPEAK ON THIS ITEM? COME ON UP.

HELLO. MY NAME IS JUDITH NASH. I ALSO LIVE IN POETS CORNER AT 2135 PERICLES STREET.

AND I JUST WANT TO ADD THAT ALREADY, WHEN THERE'S ANY KIND OF EVENT ON THE INTERSTATE, PERKINS ROAD TRAFFIC INCREASES SIGNIFICANTLY WITH THE UPCOMING CONSTRUCTION.

THEY'RE PLANNING ON THE INTERSTATE THAT'S GOING TO SERIOUSLY AFFECT THE CARS AND THE TRAFFIC ON PERKINS ROAD TO BEGIN WITH, MAKING IT EVEN THAT MUCH MORE DIFFICULT TO GET IN AND OUT OF OUR NEIGHBORHOOD.

SO I SUGGEST YOU VOTE NO ON THIS. THANK YOU.

HI, I'M NANCY KEEGAN. I LIVE AT 2229 OAK STREET.

AND I JUST WANT TO REITERATE ONE OF THE THINGS THAT'S BEEN SAID, WHICH IS THAT THAT THAT LITTLE CORNER THERE ON VIRGIL, I'VE ALREADY NEARLY HAD ACCIDENTS OVER THERE.

THERE'S POTHOLES IN THE ROAD. IT'S IN VERY POOR SHAPE.

IT IS NOT IN ANY WAY, SHAPE OR FORM UP TO WHAT THIS DEVELOPER WANTS TO DO WITH IT.

SO I VERY STRONGLY URGE YOU TO VOTE NO ON THIS PROPOSITION.

IT ADDS NOTHING TO OUR NEIGHBORHOOD, BUT IT DEFINITELY DOES TAKE AWAY FROM OUR NEIGHBORHOOD.

THANK YOU. ANYONE ELSE WISHING TO SPEAK ON THIS ITEM? YOU'RE WELCOME TO A REBUTTAL TO ANYTHING THAT WAS STATED.

I GUESS I. SO GOING BACKWARDS A LITTLE BIT FURTHER.

15 MONTHS AGO, I WAS GRANTED THE LEASE FOR 1808 PERKINS ROAD.

MR. JIM LOCKETT HAS STATED THAT I WAS 132ND PROPOSED LEASE FOR THIS PROPERTY.

IT WAS EXCITING. THERE WAS THIS OBSERVED THAT THERE ARE SEVEN OTHER PROPERTIES OWNED BY HIM THAT ARE THAT COULD USE SOME HELP, SOME LOVE AND ATTENTION AND CARE.

I FURTHER WOULD LIKE TO PUT TOGETHER A GROUP THAT POTENTIALLY PURCHASES AND OR TO RENEW THOSE HOMES AS HOMES.

THIS IS A THIS IS A SEEING THAT THERE WAS A COMMERCIAL PROPERTY IN THE CORNER.

AS A REAL ESTATE AGENT, I WAS VERY EXCITED ABOUT THE OPPORTUNITY TO BOTH LEARN AND ELEVATE A NEIGHBORHOOD.

I HAD NO IDEA WHAT I HAD IN STORE AS FAR AS SAWING DOWN THE TREES, GUTTING OUT THE INSIDE.

HE OBTAINED THE LEASE AS LONG AS I DID EVERY SINGLE IMPROVEMENT.

AND I WAS TRYING TO DO THEM MYSELF. SO AGAIN, 12 MONTHS LATER, WE'RE ABOUT 15 MONTHS IN.

SO 13 MONTHS LATER, I HAD A TWO AMAZING GODSEND.

COMPANIES COME IN. HILL CONSTRUCTION OK ARCHITECTURE SAYING, HEY, YOU LOOK LIKE YOU NEED SOME HELP, YOU KNOW, AND NEIGHBORS WOULD. I WAS, YOU KNOW, WHEN I'M SHOVELING THE LIMESTONE OR WHEN I'M REPAIRING THE ROOF BOARD FOR BOARD BECAUSE I WANT TO MAKE SURE IT KEPT THE HISTORIC SELF LIKE THE SIX CENT COKE MACHINE INSIDE.

THERE'S NOT A PLACE IN BATON ROUGE WHERE YOU CAN TAKE YOUR GRANDCHILD AND SAY, OH, THIS IS HOW I USED TO GET COCA COLA.

[00:35:02]

HOWEVER, I DID NOT DO ALL THIS AND PUT MY OTHER ENTITIES MONEY SAVINGS, CRYPTOCURRENCY RETIREMENT INTO A BUILDING I DON'T OWN TO NOT OWN IT ONE DAY. AND THAT IS MY END GOAL. I'M HOMESCHOOLED, OLDEST OF NINE MISSISSIPPI AND WAS RAISED WITH OBVIOUSLY JUST EXTREME CORE CHRISTIAN FAMILY VALUES. I AM HERE TO IMPROVE SOMETHING NOT TO TAKE AWAY.

AND I THERE HASN'T BEEN MUCH INFORMATION ABOUT WHAT I'M GOING TO DO BECAUSE THE LAST 15 MONTHS, EVERY MONTH, I COULDN'T IMAGINE BEING ABLE TO SUSTAIN THE EFFORTS BECAUSE IT'S JUST SO MUCH MORE WOULD APPEAR.

SO I, HOWEVER, WERE HERE AND I WANT TO I WANT TO HEAR, I WANT TO HEAR EVEN MORE FROM THE COMMUNITY.

THERE ISN'T A DEFINITE PLAN BECAUSE I DON'T HAVE DEFINITE CAPITAL.

AND WHEN IT IS, IT'LL BE SANDWICHES AND LITTLE BITES, MAYBE LITTLE PIZZAS KIDS CAN MAKE THEMSELVES.

IT WILL BE FAMILY ORIENTED. AND I REALLY APPRECIATE YOU GUYS TO CONSIDER THAT.

THANK YOU. COUNCIL MEMBERS, YOU SHOULD HAVE RECEIVED A SIX EMAIL COMMENTS.

ONE IN SUPPORT, FIVE IN OPPOSITION. NOW WE'RE GOING TO GO TO COUNCIL COUNCILWOMAN RACCA. OH SORRY, MR. REX, I DON'T HAVE ANY QUESTIONS FOR YOU YET.

OKAY. SO, I RECEIVED SEVERAL EMAILS AS WELL. TEXT MESSAGES, TELEPHONE CALLS.

THANK YOU EVERYONE WHO TOOK THE TIME TO SEND ME THE EMAILS, THEY DID NOT GO UNREAD.

IN FACT, AS YOU CAME UP HERE, I WAS MATCHING YOUR COMMENTARY AND YOUR PHOTOGRAPHS THAT YOU SHARED WITH US.

WE'VE PUT A LOT OF HOURS IN TRYING TO FIGURE OUT EXACTLY WHAT THIS PROPERTY LOOKS LIKE, HOW IT HAS LOOKED IN THE PAST, AND WHAT IT LOOKS LIKE MOVING FORWARD. I'M GOING TO ASK MR. REINHOLD TO COME FORWARD IF HE CAN, BECAUSE I THINK HE NEEDS TO CLEAR UP SOME QUESTIONS.

ONE OF MY MAIN THINGS THAT I LIKE TO ALWAYS TALK ABOUT ON WEDNESDAY NIGHTS, AND I THINK SOME OF MY COUNCIL MEMBERS ARE GOING TO ROLL THEIR EYES REAL BIG AND HARD IS MISINFORMATION. I THINK WE HAVE TO STICK TO THE FACTS AND STICK TO THE LAW.

IF WE STICK TO THOSE THINGS, THEN WE'LL ALWAYS BE MOVING IN THE RIGHT DIRECTION.

AND I HAVE TO EVEN SAY I GOT TEXT MESSAGES FROM A FELLOW COUNCIL MEMBER THAT SAID THAT THIS WAS GOING TO BE A BAR, AND I TOOK A BIG OFFENSE TO THAT IN THE EMAILS AND THE COMMENTS.

AND THE TEXT MESSAGES, BECAUSE ONE THING THAT I HAVE STOOD FIRM ON THE ENTIRE TIME THAT I'VE BEEN ON THIS COUNCIL, AND WE CAN GET THE SOUTH DOWN CIVIC ASSOCIATION TO COME INTO THIS, THIS CHAMBER AND SAY IT IS NO NEW CB2.

AND FOR WHAT THOSE OF YOU OUT THERE THAT DON'T KNOW WHAT CB2 IS, IS THAT IS A BAR AND THAT HAS BEEN OUR POLICY ALL UP AND DOWN PERKINS ROAD.

AND I THINK MR. HOLCOMB CAN ATTEST TO THAT. WE HAD ROUZAN THAT CAME IN THAT DESPERATELY WANTS TO RUN A WINE BAR, DESPERATELY WANTS TO PUT IT RIGHT THERE NEXT TO SPROUTS.

AND OUR POSITION HAS BEEN NO NEW CB2. SO, I NEED EVERYONE TO UNDERSTAND TODAY.

1808 IS NOT A NEW CB2. IT IS NOT A NEW BAR. CORRECT? THAT'S CORRECT. COUNCILWOMAN. AND CAN YOU CLEAR UP FOR EVERYONE WHAT NEIGHBORHOOD COMMERCIAL AB IS, PLEASE? NC, AB IS NEIGHBORHOOD COMMERCIAL WITH ON PREMISE ALCOHOL SALES AND CONSUMPTION.

IT'S OUR MOST RESTRICTIVE SMALL NEIGHBORHOOD SCALE RESTAURANT WITH ALCOHOL.

OKAY. AND IN THE AREA IN THE PERKINS ROAD CORRIDOR AREA I UNDERSTAND WE HAVE I BARS AND ALL THOSE PLACES THAT HAVE BEEN THERE FOR DECADES, BUT LET'S LOOK AT WE TALKED ABOUT NONCONFORMITY.

SOMEBODY BROUGHT THAT UP I THINK THAT'S VERY IMPORTANT.

CAN YOU TELL ME THEY SAID THAT ANYBODY BROUGHT UP ZEALAND STREET? CAN YOU TELL ME WHAT ZEALAND STREET IS CURRENTLY ZONED AS? ZEALAND STREET IS ZONED CAB ONE AND THE PARKING LOT IS ZONED LIGHT COMMERCIAL.

OKAY, SO TELL ME WHAT CAB ONE IS. CAB ONE IS A LARGER SCALE ZONING CATEGORY SIMILAR TO THIS.

SO LARGER THAN THIS, A LARGER FOOTPRINT WITH NO SQUARE FOOTAGE REQUIREMENT OR RESTRICTION TIED TO IT.

SO THEY CAN SERVE ALCOHOL. THAT'S CORRECT. THEY HAVE TO OPERATE AS A RESTAURANT, BUT THEY CAN SERVE AND CONSUME ALCOHOL ON THE PREMISES.

OKAY. AND SO ALSO FOR PUBLIC CONSUMPTION. CURRENTLY AS THIS IS ZONED AND LIKE I SAID, I WAS DOING MY HOMEWORK AND THANK YOU FOR YOUR HELP AS WELL.

AND FROM THE HELP FROM THE PARISH ATTORNEY'S OFFICE CURRENTLY IF WE IF WE GET RID OF 1808,

[00:40:05]

BECAUSE WE PUT THIS LADY THROUGH THE WRINGER FOR SURE WITH GETTING PERMITS AND SENDING HER TO DIFFERENT PLACES.

THERE COULD BE A LIQUOR STORE THERE, CORRECT? THAT'S CORRECT. THERE COULD BE A VAPE SHOP THERE.

CORRECT? THAT'S CORRECT. THERE COULD BE A TATTOO PARLOR THERE.

CORRECT? THAT'S CORRECT. THERE COULD BE APARTMENTS THERE.

CORRECT? THAT'S CORRECT. THERE COULD BE A FRATERNITY OR SORORITY HOUSE THERE.

CORRECT? THAT'S CORRECT. AND YOU AND I HAD THAT ISSUE ON HIGHLAND ROAD WHEN WE HAD AN OFF CAMPUS FRATERNITY MOVE INTO A PLACE RIGHT OFF HIGHLAND.

CORRECT? YES. WE DID. SO, I JUST WANT TO MAKE SURE ALL MY COUNCIL MEMBERS, FELLOW COUNCIL PEOPLE, UNDERSTAND WHAT THIS CURRENTLY IS ZONED AS. AND WE COULD WE DO ANYTHING TO STOP ANY OF THOSE OTHER FOLKS FROM COMING IN IF THEY DECIDED TO MOVE.

BECAUSE SHE'S NOT THE OWNER. THERE'S A MAN THAT APPARENTLY LEASES THIS PROPERTY AND DOESN'T MAINTAIN HIS OTHER PROPERTIES.

WELL, BASED UPON THE COMMENTARY THAT I'M HEARING AND SOME OF MY PERSONAL OBSERVATIONS. SO THERE'S NOTHING WE COULD DO TO STOP ANY OF THOSE OTHER FOLKS FROM COMING IN, BECAUSE IT'S CURRENTLY ZONED PROPERLY IN THAT WAY.

RIGHT? THAT'S CORRECT. IT'S BEEN ZONED LIKE, COMMERCIAL C-1 FOR DECADES.

OKAY. AND LOOK, I DON'T THINK THIS CAME UP AND I'M GOING TO NEED MY TIME.

AND IF ANYBODY WANTS TO DONATE SOME, WE HAVE SOME ISSUES THAT I'D LOVE TO VET OUT FOR EVERYBODY IN THIS ROOM.

THERE WERE SOME CONCERNS IN AN EMAIL ABOUT THE ENVIRONMENTAL SAFETY AND THE GAS TANKS.

I THINK YOU DID SOME RESEARCH ON THAT. CAN YOU SHARE THAT WITH EVERYONE, PLEASE? YEAH, I SHARED THAT WITH THE PLANNING COMMISSION ON MONDAY, BUT THERE WERE THERE ARE FOUR UNDERGROUND STORAGE TANKS.

THIS PROPERTY USED TO OPERATE AS A GAS STATION AS LATE AS 19.

IN THE 1970S, LDEQ HAS GONE OUT TO THE PROPERTY AND DONE SEVERAL INVESTIGATIONS.

BOTTOM LINE IS THOSE TANKS ARE CAPPED. THEY HAVE BEEN DRAINED AND OR FILLED WITH WATER AND SAND, PER THE FIRE MARSHAL IN 79, AND THEY HAVE BEEN CAPPED WITH CONCRETE, SO THEY'RE INACCESSIBLE.

LDEC HAS GONE OUT THERE AND INVESTIGATED MULTIPLE TIMES.

THEY HAVE NO ACTIVE VIOLATIONS AND NO ADDITIONAL CONCERNS FROM THEIR OFFICE.

THERE IS NO REQUIREMENT THAT THEY BE REMOVED AND WE CHECKED IN WITH THEM ON MONDAY.

THANK YOU FOR THAT INFORMATION. OKAY. AND THE OTHER CONCERN, WHICH I, TOO, BELIEVE IT'S VERY CONCERNING, AND I DO BELIEVE THAT THERE SHOULD BE MORE RESPECT SHOWN TO THE NEIGHBORS IN THE AREA WITH REGARD TO PARKING AND ILLEGAL PARKING AND STOP SIGNS AND OBSTRUCTION OF VIEW THERE.

CAN YOU TELL ME TYPICALLY IN SOME OF THE OTHER CASES THAT WE'VE HAD IN THE PAST, PARKING DOESN'T COME UNTIL LATER, BUT CAN YOU TELL ME WHAT PARKING LOOKS LIKE ON THIS, THIS SMALL PIECE OF PROPERTY? BECAUSE I'VE BEEN OUT THERE. I'VE DRIVEN BY IT MULTIPLE TIMES.

I'VE PULLED DOWN VIRGIL, AND I DRIVE A BIG SUV THAT CARRIES A LOT OF GROCERIES AND CHILDREN.

SO I UNDERSTAND HOW HARD IT IS TO GET RIGHT BACK ON PERKINS.

SO TELL ME HOW WHAT ARE HOW IS THAT RESOLVED? OR CAN WE RESOLVE IT? TELL ME WHAT THAT LOOKS LIKE, PLEASE. CERTAINLY, PARKING IS A CHALLENGE.

THIS SITE IS CERTAINLY A CONSTRAINED SITE. I'LL BE THE FIRST TO ADMIT THAT THE ARCHITECT HERE MAY BE ABLE TO SHED SOME MORE LIGHT ON THEIR PLANS REGARDING PARKING, BUT BASICALLY PARKING IS LOOKED AT THE PERMITTING AND OCCUPANCY PERMIT LEVEL.

THERE IS A SECTION IN THE EXISTING PARKING ORDINANCE IN THE UNIFIED DEVELOPMENT CODE, CHAPTER 17, SECTION 17 .2.2 THAT STATES OLDER BUILDINGS PRIOR TO 1996 CAN GET A CREDIT FOR PARKING SPOTS FOR THE LAST PERMITTED USE. SO WHAT THE BUILDING OFFICIAL IS GOING TO HAVE TO DO IF THIS PARKING IS APPLIED FOR IS RESEARCH AND FIND THE LAST LEGALLY PERMITTED USE AND APPLY THAT PARKING STANDARD FOR CREDITS THAT COULD HELP CLOSE THE GAP.

ALL RIGHT. ANOTHER CONCERN IN EMAILS WAS THAT THE OWNER OF THE PROPERTY DID NOT BRING THE REQUEST TO MAKE THE CHANGE TO THIS NEW THIS NEW ZONING.

SO CAN YOU EXPLAIN TO US WHETHER OR NOT THAT'S A VALID CONCERN OR ISSUE OR HURDLE THAT WE FACE HERE TODAY? SO THE OWNER IS NOT REQUIRED TO BE HERE, BUT THE OWNER IS REQUIRED TO SIGN OFF ON THE APPLICATION THAT'S SUBMITTED TO OUR OFFICE.

AND AND WE DO HAVE AN APPLICATION THAT WAS SIGNED BY THE PROPERTY OWNER.

THANK YOU. CAN YOU TELL ME A LITTLE BIT ABOUT THE CONTACT WITH THE HOA? SO THE CONTACT WITH THE HOA THAT'S REFERENCED ON OUR STAFF REPORT IS A SUPPLEMENTAL NOTICE.

IN ADDITION TO THE LEGAL REQUIREMENT OF EVERY PROPERTY OWNER WITHIN 300FT.

THERE IS A VICINITY MAP THAT SHOULD BE ATTACHED TO THE DOCUMENTS YOU ALL HAVE ACCESS TO ON THE AGENDA CENTER, THE YELLOW AREA SHOW THE NOTIFICATION FOR THE SURROUNDING PROPERTY OWNERS WITHIN 300FT, AND WE DO WHAT WE CAN TO CONTACT THE NEIGHBORHOOD

[00:45:03]

WE SEND AN ADDITIONAL NOTIFICATION TO THEM. I CAN TELL YOU THAT THAT IT APPEARS OUR STAFF HAD DONE THAT, BUT IT'S NOT A LEGAL REQUIREMENT FOR THAT PART.

IT'S JUST SUPPLEMENTAL ABOVE AND BEYOND THE LEGAL.

OKAY. A VERY DEAR FRIEND OF MINE'S PARENTS LIVE IN THE AREA, AND SHE WAS EXTREMELY CONCERNED ABOUT IF SHE WAS SUPPORTIVE OF THE BUSINESS.

BUT SHE WAS VERY CONCERNED ABOUT IF GABRIELLE PICKS UP AND LEAVES.

1808 LEAVES AND SOMEONE ELSE COMES IN WITH NCAB, CAN YOU TELL ME WHAT THEY'RE ALLOWED TO DO AS OPPOSED TO, WE'VE COVERED WHAT THEY CAN CURRENTLY DO WITH THE TATTOO PARLORS AND VAPE SHOPS AND ETC.

BUT CAN YOU TELL ME WITH THE NCRB WHAT WOULD SOMEBODY BE ABLE TO COME IN AND DO IN THAT AREA WITH THE NEW ZONING? SO, NCRB IS MORE RESTRICTIVE THAN THE CURRENT C-1 ZONING, EXCEPT IN ONE REGARD.

YOU DO GET THAT ADDITIONAL USE OF ON PREMISE SALE AND ALCOHOL CONSUMPTION, AS LONG AS YOU'RE OPERATING PRIMARILY AS A RESTAURANT.

AND THAT'S 51% OF YOUR SALES DOCUMENTED SALES HAS TO BE FOOD OR OTHER THAN NON OTHER THAN ALCOHOLIC BEVERAGES.

OTHER USES THAT ARE ALLOWED IN NCAA B ARE EDUCATIONAL INSTITUTION, A GOVERNMENT FACILITY, A PARK, PHILANTHROPIC ORGANIZATION, A RELIGIOUS INSTITUTION, A BANK, A MEDICAL OFFICE OR SMALL CLINIC, A PROFESSIONAL OFFICE, AN ART GALLERY, ART STUDIO, DAYCARE, CHILD OR ADULT HEALTH CLUB IS ALLOWED IN BOTH COUNCILWOMAN. THAT'S YOUR TIME.

THAT'S Y'ALL CAN CLOSE IT OUT. SO WOULD IT BE FAIR TO SAY THAT THIS IS A LESSER INCLUDED? IS THIS A LESSER A DOWN ZONING IN A SENSE? IT IS, EXCEPT FOR THE ONE ADDITIONAL USE THAT THERE ARE MANY OTHER USES THAT ARE TAKEN OFF THE TABLE WITH THIS. AND THAT WOULD BE THE ALCOHOL USE.

CORRECT. BUT IF WE WERE LOOKING AT CAVEATS, SHE COULD OPERATE CURRENTLY AS AS SHE STANDS AND SHE COULD REQUEST SPECIAL PERMITS FOR ALCOHOL ANYTIME SHE WANTED TO SERVE ALCOHOL.

CORRECT. THERE'S A CERTAIN NUMBER OF TIMES A YEAR THROUGH THE ABC OFFICE, BUT SHE COULD REQUEST THAT.

CORRECT? THAT'S CORRECT. COUNCILMAN HURST. THANK YOU SO MUCH, COUNCILMAN.

I DON'T THINK I HAVE ANY OTHER QUESTIONS. THANK YOU SO MUCH, MR. HOLCOMB. I GUESS I GUESS I COULD ASK MISS GABRIEL A COUPLE OF QUESTIONS, IF YOU DON'T MIND COMING FORWARD.

YES, MA'AM. CAN YOU SPEAK TO SOME OF THE PARKING ISSUES AND SOME OF THE THINGS THAT YOU ATTEMPT TO RESOLVE WITH HAVING CARS? BECAUSE, LOOK, IF THIS MOVES FORWARD AND MY OFFICE GETS THOSE CALLS, MY RESPONSE IS GOING TO BE MUCH LIKE IT IS ANYWHERE IN MY DISTRICT.

CALL THE POLICE. PUT IT IN 311 AND WE'RE NOT GOING TO PUT UP WITH IT.

IT'S NOT GOING TO HAPPEN. I'LL CALL THE CHIEF MYSELF AND HAVE YOU REPORT IT UNTIL YOU'RE NOT THERE ANYMORE.

UNDERSTOOD. IT'S A PROBLEM. AND I DON'T WANT TO BE DISRUPTED.

AND I DON'T WANT THESE PEOPLE TO BE DISRUPTED.

SO DO YOU HAVE SOME THINGS IN PLACE TO MAKE SURE THAT THE PARKING AND THE FOLKS THAT ARE AT YOUR FACILITY ARE ABIDING BY THE LAW? YES, MA'AM. I'VE MADE A CALL TO THE PERMIT OFFICE AS FAR AS AM I ALLOWED? I WOULD LIKE SOME FORMAL NO PARKING SIGNS. DO YOU SEE THAT THE CITY CLEARLY MAKES.

AS FAR AS PER OUR FRONT BAR AREA? THAT'S WHAT COVERS UP THE PREEXISTING.

LIKE WHERE THEY WOULD PUT GAS IN THE CAR. SO I COVERED THEM UP BECAUSE IT'S A TRIP HAZARD.

BUT THAT'S WHERE I WOULD LIKE TO PUT NO PARKING.

THREE OF THEM, YOU KNOW. SO, MAKE IT CLEAR THERE'S NO PARKING ON THAT SIDEWALK.

AND I AM GUILTY OF THAT MYSELF. AND SO THAT IS THAT'S ENDED OVER AND DONE WITH.

AND IF ANYBODY IS PARKING THERE AND DECIDES TO STAY THERE FOR MORE THAN TWO SECONDS, THEY WILL BE TOWED.

THE PARKING WILL BE REAL QUICK. SO BECAUSE WE WE'RE RUNNING OUT OF TIME.

YES, MA'AM. WE'VE MOVED KIND OF SLOW. AND I'M SORRY TO INTERRUPT YOU, BUT THE OTHER ISSUE IS LIGHT POLLUTION AND NOISE POLLUTION.

THIS IS A NEIGHBORHOOD AREA. YOU'VE RECOGNIZED THAT IN THE CONVERSATIONS THAT I'VE HAD WITH YOU.

BUT LOUD NOISE AND LIGHT POLLUTION IN PEOPLE'S HOMES.

IF YOU CAN DO ANYTHING TO MITIGATE THAT, THAT'S NOT GOING TO BE ALLOWED EITHER.

WE HAVE NOISE ORDINANCES IN THIS CITY AND IN MY DISTRICT, IF IT'S, IF YOU'RE GOING TO BE BOTHERING FOLKS AND I DON'T KNOW HOW MY COLLEAGUES ARE GOING TO VOTE, I HAVE NO IDEA. BUT IF THIS MOVES FORWARD, THAT'S GOING TO BE ANOTHER THING WHERE WE'RE SENDING OFFICERS OUT AND SHUTTING YOUR BUSINESS DOWN. THEY'VE MAINTAINED A QUIET AREA, A COMFORTABLE AREA.

THERE ARE PEOPLE THAT ARE RAISING FAMILIES THERE AND PEOPLE THAT HAVE LONG PAST RAISING THEIR FAMILIES THERE.

SO THERE WOULD NEED TO BE A COMMITMENT FROM YOU THAT YOU'RE GOING TO YOU'RE GOING TO BE A GOOD NEIGHBOR.

I AM GOING TO BE A GOOD NEIGHBOR. AND I HAVE A GROUP COMING OUT THIS WEEK, ELECTRICIANS, AS FAR AS TO PUT DIMMERS ON THOSE LIGHTS THAT ARE OUTSIDE THE BUILDING.

[00:50:04]

THE LATEST WOULD EVER BE OPEN WOULD BE NINE. I WOULD LIKE TO BE CLOSED BY EIGHT. AND I WAS RESPECT BEDTIMES OF YOUNG AND OLD, AND I'M EXCITED TO GET IT RIGHT FOR THIS NEIGHBORHOOD.

THANK YOU. ANYONE ELSE WISHING TO SPEAK ON THIS ITEM? DO WE HAVE A MOTION? WE HAVE A MOTION BY COUNCILWOMAN RACCA.

SECOND BY COUNCILMAN MOAK. ANY OPPOSED? MOTION CARRIES.

COUNCILWOMAN AMOROSO.

* This transcript was compiled from uncorrected Closed Captioning.