Planning and Zoning - Regular Meeting

All right.

I call the order the uh Mish planning and zoning uh committee meeting. Um I see we have a uh variance a reubdivision and two resonings tonight. Uh the variance and the reubdivision will be the action on that will be final 11 days from today. Uh if an appeal is not filed within 10 days of today's meeting. The reasonzonings uh have to go before the city council. They're introduced. They're introduced. Uh the reszoning request whether it's approved or denied will be uh introduced at the March 9 meeting. That's for introduction only. Comments are not not supposed to be taken. Um I usually suggest people show up unless uh the city council is willing to take uh comments from somebody who can't be on the 23rd to show up just to be able to respond. The uh final voting on resonings from tonight will be on March the 23rd. Uh the process will follow uh tonight is we'll hear from the applicant or andor his designate. Then we will hear from folks in favor of the uh uh application. Then we will hear from opposition to the uh application at hand. And then we will the applicant or his designate as a single individual will have a chance to rebut the comments made uh in opposition. Then we will flip to uh discussion by commission members and then votings on the application. Uh I would ask anybody if they haven't come didn't sign coming in to please do so. When you come uh to the podium of the Ambo, please identify yourself and please speak into the microphone. Uh have I uh missed anything?

No sir, you haven't. Director Robert, roll call. Miss Donna. Charles Whitehead the third here. Bobby Claybornne here. Anita Dubois here. Isaac Lewis here. Michael Lewis here. Ricky Mallister. Walter Johnson here. Miss Sadie Sawyer here. And Miss Alexa Bernard here. We have a quorum. By my account, that's a quorum. I note that uh are we approving? Are we uh deferring the minutes? No, the minutes are here.

Okay. So, uh we will uh change Roman numeral three. The minutes have been submitted in your packets. Um, if there are no changes, corrections, or deletions, I'll entertain a uh motion to dispense with their formal reading and adopt them as proposed. I so move. I'll second. Motion by Clay and second by Dub Boy. All in favor say I. I.

All oppose like sign. Uh, let the record reflect that I am signing the minutes at this time. Uh, today is March 3. The public is advised that audio uh and video of tonight's meeting are archived on the city's website. And to watch the video, the users can subscribe to the city of Nagash's YouTube channel or visit the city's website at httpsw.nagishla.govcontenting-videos. Uh, moving on to Roman number four, old business subsection A. The city council delayed the application by Mr. Brian Briggs to reszone the following. A location on the oil mill containing 6.2 two acres between Middle Street and the Union Pacific Railroad in section 77 Township 9 North Range 7 West in Nagish Parish, Louisiana being a portion of the original track and conveyance book 195 folio 4 from B3 to B3SE. The reason uh operation of a restaurant with the exception to sell alcohol on the premises the planning and zoning commission at meeting is open to the public. That's 110 mil street exhibit number one council person district number one that was delayed or deferred. Roman number four old business subsection B. The city council approved the application of Mr. Frank Griffin to reszone the following lot on the north side of Poet, north by Amulet, east by Johnson, west by R1 to R3, special exception for the operation of a short-term rental bearing municipal address of 208 Poet Street, council person District number two, council district, I'm sorry,

exhibit number two, council person district number four. uh from that uh is that all the old business madame director? Yes, sir. Roman numeral five subsection A the application by Miss Pearly Jackson to subdivide for the placement of a mobile home at the following address uh following location lot 4 block for the breed addition number two. The reason is to combine lots to reposition and upgrade an existing mobile home. 1409 and 1413 Amelia Street uh exhibit number two in the current packet. Council person District number one summary of the application by the director.

So, Miss Pearly Jackson has two lots actually. She has 1409 Amelia Street and she also has 1413 Amelia Street. the way that her trailer is situated on the lot, it's gone long ways into the lot, deep ways. She's wanted to combine both lots to turn it to where the front door is actually facing Ameilia Street. Okay. Um right now she has everything she needs for the trailer. The trailer is going to be replaced and upgraded to a 2025 trailer.

Okay. Um I need her survey plat for the combining of the lots and that's the only thing that we're missing right now. Uh but everything else is up to compliance. So the so the point would be it's just the lot the lot line between 1413 and 1409 will go away. Correct. And that will free her from the side setbacks and all of that. Right. She will still be Do you happen to know what age the current mobile home is on that one? I do not. I I just notic it's a pretty old trailer. Okay. All right. And and uh the administration or the office through its administrative procedures will make sure that the she does the setbacks and the uh

correct the I've talked with the parking and all that. Clayton Holmes. I've explained to them what the setbacks will look like, where she need to place it, and by them combining both lots, she's going to have more than enough room to suffice for our setback rules. All right. Is someone here to uh speak on behalf of the action of the application of Mr. Jackson? Miss Miss Pearly. I hear come

come. They just want to ask you come some questions. Just state your name. My name is Ply Jackson. I live on 1409 Amir Street and um I want to combine 1413 AI Street with 14 the two lots to combine together 1409 and 1413 AI Street. All right. And Miss Jackson, you understand that uh Miss Rock and Miss Williams will help you through the permitting process and the setbacks and whatever. If we approve you today, you still have to jump over those hoops, but you don't you don't have to come back through us. These ladies will walk you and Clayton Holmes through the process. Okay. Thank you.

Okay. Any questions for Mr. Jackson, members of the commission? This is just an upgrade, right? Upgrade. Okay. Yes, ma'am. Miss Pley, how old was that home you're in? It looked to me about 35, 40 years old. Uh, I don't know exactly how old is this, but I know it's old. She knows about Yes, ma'am. How old that is? It's pretty old, I can tell you. My name is Sharon Jackson. I'm her daughter. That trailer is over 40 years. That's what I thought. It's been there. It's been held four generations. Okay.

Thank you, Miss Jackson. Any questions for either Miss Jackson for members of the commission? No, I'll move we approve. Wait a second. Hold up. We got to Is there anyone else that wants to speak on behalf of the application of Jackson? I got my daughter. Well, I don't I I I don't think Let Let Let me Let me short circuit it real quick. Is anyone opposed to the application of Mr. Jackson? I mean, okay. So, I I don't think there's any more reason to discussion by members of the commission. No. All right. Commission pleasure. Approve. Motion by Lewis, second by Duboce. All in favor say I. I. All oppose like sign.

All right, that passes. Miss Jackson, that'll be final in 11 days unless somebody files an appeal. But just check with either Miss Donna or Miss Shantrell and they'll keep you in the loop. Okay. Thank you. Thank y'all.

Yes, ma'am. You can go if you'd like to. Roman numeral five new business subsection B the application by Ace Commercial Properties LLC to reszone the following 34.6 acres being lot two of lot six of the partition of the Willy Cass airs in section 87 township 9 north range 7 west shown on map slide 242B each lot containing 17.3 acres and a lot containing 1.0 zero acres for the partition uh for the heirs of Willie the Cass in section 87 township 9 north range 7 west being the old home place shown on map slide 242B uh 175 old river road lot two the reason is to allow for flexible and responsible developments consistent use of community growth objectives and long-term economic s sustainability of the sales service and realms of products and goods and services uh exhibit number two council person district number five. Uh madam director, you and I had spoke about this. Unfortunately, this is the way the um the assessment reads.

Correct. And that in fact lot six was already sold off. So technically this is only lot two and the 1acre home place. Is that correct? That's correct. Do you think we need to amend the application? You think it's good like it is? I think it's good like it is because this actually came directly from the assessor's office and according to them it actually broke it out in their description. So I took exactly what the assessor printed for description and I think that'll be fine.

Okay. Uh is uh any any comment u any input from the director if you had any comment about this application? I have comments, but it was mostly inquiries asking what it is. No negative, no positive, no anything. Just questions in general,

and that's about it. No opposition whatsoever. And so this uh you and I talked about this this this area in red uh on the assessor's map that you all have is subject to an navigation servitude which is a servitude of height because it lines up with the um runway and it appears it's somewhere between 31 and 34 ft is the highest you can build in the red area. Correct.

The problem is is what you're seeing here and I know this property well down there on old river. You're seeing a dry picture in 2024. I think the 2020 20 the 2016 one. You can see it's that that red spot is predominantly underwater. Correct. You can tell by the inventions too by the color that that is usually underwater also. Yes. All right. Would the applicant or his designate come forward?

No, just allergies not going to help. Hi, please state your name, sir. Richard Armstrong. And Mr. Armstrong, are you the principal of the applicant? Ace Commercial Properties LLC. Yes, sir. And you heard a sum you heard the summary by the director in the discussions with the uh chairman regarding this red square. Is that your red quadrangle? I guess trapezoid. I don't know what it is. Uh about how that that's um subject to navigation servitude.

Yes. And uh I actually have already had that submitted. Um I'm working with um Mr. Jonathan Farmer with KSA Engineering who is the uh is the engineering company that the um airport works with and we have a aeronautical study um already submitted. I have the uh study number right here. It takes about 45 days to uh to go through and uh I think we're a few weeks into it already.

All right. Tell us what it is that you plan to do on here. Uh Mr. Big. So, so other than in Ace Commercial Properties, I currently on Armstrong Industries LLC. We do business as Trace Reliability. I have an office at uh right beside NFA off of Kaiser Avenue that that I rent. We've been operating out of a few years. I also rent an office off the bypass uh right across from Alliance 7510, which actually kind of backs up to this property. It's right side. Uh I think it's pro prompt where you put the applications. People put in applications for jobs. We rent that building as well. We also have storage um out at Cedar Grove as well. So we we kind of are stretched out. Um what we do is we call on uh industrial customers in four states, four and a half states, a portion of Texas, Louisiana, Arkansas, Mississippi, and Alabama. And the best way to describe it is we're more consultants. We have um lasers for rotating equipment to line up pumps and mo motors. We have vibration equipment which is handheld computers. It's heart monitors for rotating equipment. Um induction heating. So we've been selling these products since 2016. And uh majority of these products never even make it to Nacadesh. So we go see the customers, we look at what they need. We have manufacturers out these these products are manufactured worldwide, but we uh we have a company out of Florida that is the uh national uh distributor for these products. So we go consult and we we send them out. Um what's been happening in the past 3 to 5 years is customers are needing more help

in uh not just buying the products and utilizing it themselves. They needing more education. They're asking us more and more to come and utilize those those tools in their plants. They want to hire us to come in and do the work for them because they don't have the expertise or the manpower to do it. So specifically, Mr. McDonald, where are you going to be? Armstrong. Armstrong. I'm sorry. I'm looking at something else. Mr. Mr. Py Armstrong. Um, uh, are you going to be having an off is this going to be an office building? Is it going to be storage?

It is going to be an office building. So, well, I say an office building. It's going to be a metal building. And do do they have a do you'all have a copy of the proposed site plan? I don't believe so. Do y'all have the navigation easement as well? We don't survey. We just have it depicted on the uh assessor's um put that one in the assessor's. Would y'all like to pass this around? Sure.

Okay. So currently this this property is uh is on IA and um anything that we could do would be almost within those parameters except it would be I1 would really be the right um definition. All right.

So, any questions for Mr. Armstrong from members of the commission? All right. Is there any Go ahead, Mr. Johnson. How many buildings you plan on put in there?

One right now. So, like I said, we're operating out of I really got some trailers on that fourth spot. We're operating out out of all these places just because out of necessity. Um, you know, there's not one spot that we could find to to actually secure. I want a secure place for we there's there's four of us that work there right now and um and two of them are gone most of the time because we're covering multiple states. And so again, this property is industrial agriculture. So if I bought it and and put up a lean too and put some tractors under it, I'd be under um you know, under the rules. But that's that's not what we want to do. We want to we want to build something nice because we do have people coming in from out of town, out of state, even out of the country to visit, but to, you know, have meetings and trainings about the products that we carry. We have people from Miami, from New York, from all over the country that that we fly in here and meet with. And I want a nice place for them to show up to.

How you going to address that water problem? I I don't I don't need that back spot. Oh, you don't? No, sir. You just Walter, if you'll look and see the the property is up in the northeastern northwestern corner or southwestern corner uh of the property and the navigation servitude is this this survey shows it's 7 700 ft away and it just so happens that that low spot is probably all navigation servitude if not most of it.

Yeah. the uh the real estate agent told me after I they accepted my offer um that if he knew he was selling waterfront property, he would went up on the price. So So you're just combining all your offices into one location? Yes, sir. Okay. So like I said, we're we're operating by NFA and the dance studio past Walmart on the left in that shopping center. You know, we have this the building right right across from Alliance beside ProT right now. we're moving some stuff into. So, we've been doing this for a while and not causing any disruptions. Okay. Any questions for Mr. Armstrong?

Any uh anybody in support of the application of Armstrong that would like to be heard? Is there any opposition to the application of Armstrong? Yeah. Would you please come forward, ma'am, and tell us your name and let us know. Uh, Mr. Armstrong, if you'll sit over here on the front row. Sure. And what I want you to do is I want you to pay pay attention to what she has to say because unless the commission members ask you something other than what she says, that's all we're going to hear is your comments and to counter whatever this lady has to say. Thank you. Hi. Yes, ma'am.

My name is Marie Lass. I live at 139 Old River Road, which is the lot right next to lot two. I've been there for 30 some odd years and that is considered farmland. The all of old river road there are no commercial buildings. I have talked to some of the residents there prior to coming here and also called the office and left a message for them to return my call because I did have concerns. I did not receive any calls. The letter it that came from the office said that there was an attachment that I never received. It's just now when I asked that gentleman if I could see that map that I realized y'all were talking about the spot right next to me. Um, that would affect me directly. And then not only that, your commercial building would also affect our taxes. I mean, this is my home that y'all are discussing in people's lives. So, I'm pretty darn upset about it to be hearing about it to not getting this the feedback. Y'all just take this. Oh, by the way, here we go. I mean, if you're going to turn that into commercial land, you need the owners on there approving it because that road was a dirt road when I first moved in. Dirt road. There was nothing until the city decided to put that back road at the very end so that the trucks could have easy access to the city of Nacadesh. Not a problem. However, those trucks end up t ended up driving our road more than they use that road. So, the city decided to take additional spots to make it easier for the trucks

to come through. Okay, that added additional traffic to our little road and the tra and the road is just a horrible as it was to begin with. So now you're going to add additional traffic and you're going to let this man supposedly build this commercial property for in the future he could build additional properties that will also affect me not to mention the additional noise the additional traffic so yes I have some major concerns and I would like to see the city of Nacadesh thrive don't get me wrong but I also do not want to pay higher taxes if I don't have to. And like I said, this is inherited property. Mine is. It's from my husband's family that's been in his gen in his care for generations for his family and it it's a godsend to me and my son. So we will be really affected by yours and and building it. So I if it got if it got approved, I first would ask that you really got the approval of the people on that road because I know for a fact they would not agree to something like this.

They were really stonewalled. Um I talked to them, they said they had called, they had left messages, they didn't get any calls back. The letter itself says, "See the attachment." Uh, very vague commercial property. Nobody knew anything about it. If I hadn't decided to come today, y'all would have had a building. Now, it may not be a big deal to y'all, but just imagine in your home if I decided I'm going to build a home in your backyard, and I'm not going to bother to ask y'all anything. Anybody want to take a vote for the rest of the Yep. It pass. It's that easy. Seriously, I am so upset with y'all. Seriously, it's just ridiculous that you all just think that this you can do it this quick without taking the consideration of all. Not to mention, and I'm glad you brought it up, all those um storage areas, all that additional stuff that went back there. When those apartments were first built and I was there, they gave us the courtesy of letting us know that they were going to build it because it added additional traffic and potential issues um with the type of traffic they were going to bring. and every single area, including myself. Did not even realize that y'all had expanded all of the way to the back. I was looking for a particular person and happened to go back there. I go, "Well, that explains it."

I'm sorry, Miss Lash, you've lost me. Where where are you talking about? The place that he was talking about, the temp agency, the storage area behind there. There was a tenant there. I don't think he's I don't think Right. But you also said you had storage areas behind that. Did I Did you not keep some trailers? Oh, okay. Then I'm sorry. I misunderstood that. You got me confused about I was confused too from what he was. Now, let's wait till the again, Mr. Potty. And we'll we'll get

So, um I will be filing a formal complaint. I will be getting the signatures of my of the people that live on Old River Road. Specifically, Miss Lcast, who did you speak to? I I spoke to Joe Sers. Do y'all have him on there speaking to me?

And I did respond to Mr. Sers. I emailed him back with his questions and his concerns and he was the only one that reached out to our office. I don't have any regulations. I don't have any notes about any other residents in that area. And the residents, if you don't mind, the people that were actually notified, we have one, two, three, four, five, six, seven, eight, nine property owners in that area. And the list that we have has Arrington Properties, Assisted and Safe Homes Incorporated, the city of Nagades, John and Sally Danley, Cornelius and Shirley Delphin, Maria and Cody Lassaz, Woodard, Henry and Owens, Nelken, Sears Enterprise, TTT Properties. Those were the only notifications that were sent out. That's the only properties within 300 ft.

And so, go ahead. Go ahead, Miss. No, I was just saying she's she's labeling off of these enterprises and everything. That's the property owners that surround Oh, that's the property owners. Those are not businesses, correct? They're the ones that own the property. So, they're not businesses. They're owners. They are owners and that's who we have to notify. Okay. Okay. And so, of these people, the only people I know that Miss Shirley Deline and her husband live there, Mr. Sers lived there, and you live there. Are you the the only ones of the people that are required to be noticed that are actually living on the property? Is that correct? I'm the only one that's going to be right next door to this gentleman.

That's not my question, ma'am. My question is of the people on this 300t list that we're required to get according to the city of Nagish code of ordinances, uh, Corning and Shirley Deline, you and your son and and Mr. sir, who evidently has transferred his property to an LLC, are the only residents that are on the 300 ft list as done by the assessment. No, there's another person that lives right next door to me um between the the empty lot that he's talking about and then there's another gentleman on the propert south of his property. I'm sorry about Are you talking about south of the property he's looking at buying?

There's a trailer. Did you not? Yes. That belongs to John and Sally Danley. Oh, that's they live out at ThreeLeague Jin. They don't they don't live here. Oh, Mr. I'm confused because Mr. Danley said he did live on Old River Road. So, I'm confused. John Danley. No, I talked to John Danley yesterday. He and Sally are still living out on Red River down the way near Ned and Anne Henry. Okay. Been there 30 years almost. Interesting. Okay. So, ma'am, you live what Lance used to say. Yes, I'm his wife. Or was his wife.

So, let me let me make sure I understand what your complaint is or your concern. One of your concerns is is that this gentleman followed the code, paid his $50, filed his application, and provoked a a public hearing, and didn't do what? Oh, I I don't care how he filed or did or whatever he did did do. All I care about is how it directly affects me as an individual as an owner of the property next door that he's he's going to make a commercial property out of.

And and you're perfectly within your rights to come here and express your opinion. And I encourage you to do that. But you talk to us like it was already done, like you were mad at us for some reason for taking his application and following. Oh, no. I mean, you need to understand that anybody anybody that pays the is it a $50 fee? It is $50 fee and the $25 to the assessor. Is that right? 25 or $30 to the assessor? I think it's 25 22 or 25. Whatever the amount is combined, less than $100, they can ask for something to be reszoned and they can provoke a hearing and we're required to have a hearing.

Okay. The fact that it's on the docket does not mean it's approved, does not mean it's not approved. And just the procedure is typically the applicant has the burden of showing why it's uh why he thinks it's good and it needs to be done. So the applicant goes first. The opposition doesn't go first. So I just want to make sure you seem to be very upset about us having a hearing today and not giving you the appropriate notice. I don't I mean, you know, the bottom line is our office, our our administrative office complies with the code of ordinances. And if you think it needs to be 500 ft instead of 300 ft or if you think there need to be a number of additional signatures on the application, all it takes is three council persons and the mayor. But we're operating under the parameter of the code of ordinances as duly adopted by the city council. uh for the administration of planning and zoning in the city of Nagadesh. It does not mean it cannot change with three votes from three council persons. It can be a totally different procedure.

I mean, we're we're required administratively to go through this process. Yes, I always encourage people if they have the sense enough to talk to me ahead of time to go and sit down with everybody on that list. I tell them the time for people to get information that's on that list is not in this room. You know, not everybody listens, you know. Well, I'm sorry, but I tried to call and I didn't get a call back. So, I had no alternative to come and find out what was going on. So, I'm sorry to waste your time. You're not wasting my time. This is exactly what we're here for.

We're exactly here to get input from the public. And to be honest with you, Miss Lad, I wish more people would show up because what happens is is that we do something somebody doesn't like, but they couldn't take time out of their busy schedule once every decade to come here for a hearing when myself and my fellow commissioners who serve for free are here every first Tuesday to do the city's business. So, I mean, if people want to participate, I mean, what you've got to remember is this is not a democracy. It's a democratic republic. People are representing. We have five council persons that represent the entire city. Not everybody has a vote. There are only five votes. And so, that's that's how it works. And it only works better when people participate like yourself that show up. That doesn't mean it it's going to sway us one way or the other or Mr. Armstrong, but at least you got to have the participation to make this thing work. And I Are there any questions for Miss L? I got got off on a ninth grade civics rant. I'm sorry about that. Uh any questions for Miss Lass from members of the commission.

When did you get your notice? Um let's see. This is dated February 13th. That's the stamp on it. Stamp on it. Yeah. So, it was probably So, if some of your other neighbors got one, they had plenty enough time to be down here with you, right? I'm assuming. I don't know. You know, I I don't know. I wasn't even aware that she had spoken to Mr. Sers. Last conversation him and I had, he was upset as I was, but he's not here. But he's not here, and I don't know why.

Thank you, Mr. Cass. Does anyone else want to speak in opposition to the application of uh Ace Commercial Properties LLC? Hearing none, Mr. Armstrong, if you will uh give us a short rebuttal to the issues raised by Mr. Lass.

Sure. Um Mr. Cass, I I hear what you're saying. Um I live here in Aish. I uh I grew up in Zoali, went to Northwestern, got an industrial technology degree, and was fortunate enough to get a job out of college in Baton Rouge for one of the world's largest pump, bow, and mechanical steel manufacturers. Um, I was traveling North America when my wife and I started having kids and I could live anywhere I wanted to. And uh, we chose to live here in Nacades and we moved back to raise our family here. our three girls. My wife's the guidance counselor at the lab schools. So, I think when when people hear the word commercial, it may scare them. I will promise you that what we put up is not going to be anything that's an eyesore. Um, we want to be good neighbors is is our intention. Um, I'm looking for a safe space for my employees because I will tell you everywhere that I have rented, I've had problems. I've had employees with their vehicles broken into and things stolen out of it. I've had people beating on the doors. We We don't have people coming to our office every day. We We don't do that kind of business. Um, we keep our doors locked. We've had people beating on it, wanting in, wanting to know what we're doing. So, I'm looking for a safe spot to grow my business responsibly and u and raise our family and help Nacadesh. You know, the people that work for me have specialized certifications um level three vibration analyst, level four vibration analyst. There's not that many run around the country. Um, so we're we're not just, you know, out out in the yard and, you know, with equipment thrown everywhere. And if I don't buy, I'm I'm going to grow my business either here or somewhere else.

And if I don't buy it, with that land being industrial agriculture, somebody could buy it and then put up a leanto shop and have implements and every other eyesore that that you would, you know, see right beside your property. So, my intention is to to upgrade it. Um, I'm kind of taken it back a little bit by Mr. Joe Sers because I actually had a conversation with Mr. Joe. We uh I've known him a long time and we're on the Rotary together and and I told him my intentions and he said he was fine. Good luck. So, kind of taken aback by that. I I am going to call him because of our relationship and and ask him if he has any other questions. So, Does anybody else on the board have any questions?

I guess just one, Mr. Potsy. Is it uh one of Miss Lass's concerns was about uh truck, heavy truck uh increasing traffic? I mean, what kind of what kind of I have we have four four vehicles that are all halfton trucks or a truck or Tahoe. We have one, we'll call it a shop truck in case somebody has to get in it from the office and go see a customer and deliver it. It's a half ton truck. Um, I can promise you there will not be anything heavier than a tractor in our uh in our facility that is currently, you know, legal to operate in that area.

So, it won't be any like 18 wheelers, anything like that. Pass. Not now. No, sir. We we don't like I said we're operating out of out of Kaiser off of Kaiser Avenue right beside NFA. Now I mean I can't promise you that it's I'm like I said I'm an open book that we we won't get a UPS you know LTL vehicle in there or something like that but you know it's it's my understanding if I understand your business model is that the the national distributor drop ships to your customer. Is that how it works? You don't take physical possession of the majority probably I would say small things I would say

80% so the equipment that we that we sell are in suitcases I mean I say suitcases pelican type cases pretty pretty hard to get through an airport you know when you walk through that with it but uh we do sell some parts and things like that but again with with the cost of shipping it's it's a lot cheaper to drop ship from the manufacturer straight to the customer than us to go see in doing that. More shipments mean more people to handle things. All right. Any more questions for Mr. Armstrong? All right. Thank you, Mr. Armstrong. Discussion by commission members. I make a motion we approve.

Motion by Duboce. Second by Lewis. All right. John Johnson. All in favor say I. I. All oppose like sign. Mr. Armstrong. that comes before the city council for introduction on March the 9th. Uh, and Miss Lucass, it's on March the 9th. I suggest you show up. There's not supposed to be any discussion, but if somebody shows up and says they've got a grandkid playing a ball game on the 23rd of March in Houston, there's a possible chance they would hear from them at that deal, I'd be there to speak only in the event that they grant a dispensation from somebody. Sure.

All right. I'm I'm missing a tennis match and a softball match tonight. So So that's at 5:00 right here. Uh Miss Ross, 5:00. 5:00 is a premeating. 5:30 is

5:00 is the pre meeting. 5:30 is the actual city council meeting. Those dates again are March 9th and March the 23rd. Roman numeral 5, new business subsection C. The application by Taz LLC, David Zachary, applicant Taz LLC, David Zachary to subdivide the following lots 45, five, six, and seven of Graham subdivision as per map book one, page 482 of the records of Nagadish Parish, Louisiana, and a lot contained 1.35 acres shown on a plat by NNA Incorporated, accorded in map slide 761A, located in section 46, Township 9, North Range, 7 West, and a 1.05 05 acre track lying on the east side of Louisiana Highway 1 bypass bounded on the north by Graham subdivision south by Sabine State Bank as shown on a map and map slide 761A less 1.34 acres to Sabine State Bank bearing municipal address of 5769 highway 1 bypass the reason is an extension of commercial current commercial property at the address known as 5771 highway one bypass exhibit number three council person district number one comments by the director

um I'm not really sure of all of what they're doing for this commercial property except for extending the property line it looks like to me I drove by there today it looks like they're severing a little bit off of Sabine State Bank and going behind their op center going all the way back almost to Welch Street maybe property maybe the applicant can tell us Why? Of course, I don't know why anybody would want that 50ft corridor, but anyway, please come forward, Mr. uh I guess Mr. Zachary, and tell us what it is y'all are doing. Uh this is Brandon Thornton, land surveyor. I'm sorry, Brandon. Didn't recognize him.

Um so, uh Mr. Zachary was going to acquire a 50ft strip next to his property. Uh and the bank decided they they just wanted to go ahead and sell this whole piece, uh the way it is. Uh, this track previously existed exactly like this and the bank acquired it separately at some point. Then they sold a piece to uh, Mr. Zachary's predecessor over there. It's been cut and recut several times. This track now is actually going back to the way it was before and the bank was proposing that Mr. Zachary acquire it in this shape. I think they just kind of wanted to to dispose of that strip. Do you know why they would want why would why does this thing go back to Wel Street?

I have no idea why. 200 street feet short of Wel Street, right? It was it was like that historically for some reason, but I do not know why. Okay. All right. Any I'm sorry, Madam Director. You receive any comments about this? I did not. Uh questions for Mr. Thornton uh about this? It's just really a reallocation of white lines. That's all. What are they going to do with it? Just I don't know. Well, the Zachary, don't they have that? Isn't that that rental place? Yeah. Red line rentals. Yes. So, I guess they want more. They're getting 85 more feet of frontage. I guess it's more place to put put stuff is what I'd guess. Yep.

It's not going to be a separate lot. So, they really can't do anything but support the current business. I mean, it's not like we're creating something new and they can do something else there. Correct. Uh, is anyone else here to speak on behalf of the application of uh, Zachary? Uh, is anyone here to speak in opposition to the application of Zachary? Discussion by commission members. Motion to approve. Motion by Mr. Lewis, second by Dubo. All in favor say I. I. I'll oppose like sign. Madame director, is this the uh original or do you have it? I have the original.

All right, Mr. Thornton, they will this will be final in 11 days. So, I would say what on the 17th? Yes. On the 17th, you can send somebody by to pick it up. It'll all be signed. I don't know if you know how it works. I know you make the surveys, but what she'll do is once it's final, she'll bring it to the uh staff meeting and so all those department heads are there and she gets them to sign it all at one time instead of, you know, circulating it around. But either you or Mr. Zachary or somebody from your office will need to take it to Mr. Stamy, record it and bring her a copy of it showing the map slide, instrument number, date of file.

All right. Thank you, Mr. Thornton.

Thank you. Uh, Roman number five, subsection D, the application by Heath Nichols to reszone the following line on the east side of Cypress Avenue north by Dies and South by Mrs. Leela G. Hawkins estate and described as beginning at an iron pipe which is 274.8 ft north 25° 14 minutes east from the center of College Avenue on the east side of said Cipher Street and running south 67° 28 minutes uh east 90.4 ft. Then run north 23° 16 minutes east 34.3 ft. Then run south 68° 58 minutes east 160 ft. This run south 21° 55 minutes west 188.6 ft. Let's run north 69°

33 minutes west 290.6 6 ft to the point of beginning from from to reszone from residential R1 to residential R2 to develop several multifamily duplexes. This is on Cypress Avenue exhibit number four in commissioner's packet. Council person District number one. If Mr. Nichols or his designate will come forward while we get a summary from uh the director.

Mr. Nichols came before us and he was asking about the surrounding properties of this area. Um, just about every piece of property that touches his has an R2 zoning. So, he wanted to reszone the property, but not entirely sure of exactly what he intends to actually do from beginning to end. He asked about duplexes, so that's what we talked about. So, I'll let him explain if he's going to move forward with that idea. Again, I wanted to show on the map how everything around him was zoned R2. Uh, we didn't get that in our packet. No, he So, uh, any comments from any of the people?

I did. I have several comments from uh owners, property owners from one end of Cypress to the next. They were questioning about what is it that Mr. Nichols is intending to do? What is his um idea for the area? If it's reszoneed, R2, if it's going to be duplexes, will it be apartments? What is he actually wanting to develop? Okay. Well, to be clear, under R2, you can't build an apartment. Is that correct? Correct. All right. Let's get this up so that we can refer to it.

It's right here. It's going to be Yeah. Make it bigger. Well, not that big. So, just make it a little smaller. There you go. Right there. Can you put your zoning overlay? Not on this one. This is a tax assessor's map, so I won't be able to do it, but just about every property that this property touches is an R2. And you can see it goes from Cypress Street and it backs all the way back up to the Aqual property. What about this payroll property or whatever it is down here and Dr. Cork and Dr. S's old office right there? What are those zone?

That's Jennifer Atkins the uh so Dean Dermatology that's zoned uh that's a commercial zoning. Yeah, but that doesn't touch it. Which one did you talk? What what is we got? Uh the uh Jennifer Atkins right there uh with about three lots right there. That's Dr. Corkin's old office. Mhm. Those are um they're w they're not residential. They're commercial zones. And then well and then what about this? Is that payroll right next to them or where payroll is um uh payroll is a R2? Is that is that the next one? I forgotten. Is there one between? Okay. All right. All right, sir. Please state your name for the record.

Heath Nichols. All right, Mr. Nichols, you heard the uh the director's summary of your application. Uh tell us a little bit about what you plan on doing. I'm trying to put uh some duplexes on it and it looks like my engineer drew up around four that will fit with parking and I have actually only printed out like six copies of what it would look like. If you guys want to if I could just pass a few of them on. Sure, I'd like to see it. Can I walk over to you? Sure. A few of y'all. I can pass that. Yeah. Well, I'll just keep it in case you off.

Yeah. The town. Yens.

Sure. Take this one. I don't need to see that. That's kind of in line with what's already on it. Mr. Nichols, are these going to be like shotguns side and side to side or over and under? Over and under. So the entire top floor will be top floor would two bedroom twobedroom two bath and the bottom floor will be a two-bedroom two bath. He's going you want to put four of these four? Yes sir. What with the lot what he drew out as you can see

as you can see the there's four uh duplexes or four housing like you can see the rooftops right there with the parking in front of them. I think the to the I guess that would be the north side northwest side. He's got garbage like for the garbage dumpsters right there. I was actually looking where the the entrance coming in. I was thinking about putting more parking there if we needed it cuz it was 70 ft wide. See that my intentions what I what I want to do but whatever the city requires me to do. I'm I build it up to code classy places. I've been doing rentals for since 98. Built my first house in 2001, but I'm also uh a medical professional and a veteran. I just I've been building for a long time. I I managed my own property. I don't put up with nonsense. Everybody knows that. Like I had my banker today call me asking about some property. I said, "I don't I don't like lower income property. I don't like lower. I like classy houses and that's that's my intent to keep them nice

up the code and good tenants. So you trying to you trying to squeeze four of these in there?

Yes, sir. That's what he uh there's some built just like this in on 28 East in Pineville and these are the identical ones and he has six on his but anyway that's and he has them that far apart. It' be the uh staircase to be on the the the end zone going up to the uh the top floor. Who uh you said somebody had drawn this for you that had done it somewhere else? Yes, it's uh this Cory Johnson. Yeah, Cory Johnson. Yes.

And then I just had it rest and re uh surveyed for by Henry Lewis Phillips just to restake it last week. I uh by my count, you're one parking spot short. Okay. You've got to have 12 parking spots. And uh I don't know what the director's comment is, but I don't Handicap spots don't count. No, they don't. Well, I don't think you're required to have a hand I don't know why he put that, but you're not required to have a handicap spot for I mean, he just did that. Mr. Nichols, you put it on. I understand. I understand.

We We take take you at your word. It it may it may not be required. I'm not that familiar with the life house safety code, but if you if you designate it uh handicap, it doesn't it's not a parking spot park. You can say that is I've never I've built seven duplexes in my life. Like I said, I've never had to have a handicap parking spot. Now, if you had the house ADA approved, you have to do three old doors and

Well, I understand. I mean, believe Give us a second to digest this, Mr. U Nichols. So there'll be eight families right there, right?

Yes, sir.

8 * 2 is 16. It'll be it's two two families per duplex. So it's be eight total families.

It's only four duplexes. Four time two eight spot. He's got three extra if he doesn't have to. So does he have to redo it? Well, I don't if you say that he doesn't have to have them. I mean, that's a that's an administrative deal. I don't think he has to have them either. If he puts them on the plaque, shows them. This is just a rough draft. This we got to take. This is just a rough draft, sir. This is not what it's not set in stone.

That's a big What's the height going to be, Mr. Nickel? About 35 ft, sir. The height going to be about 35.

Oh, yeah. I don't know the height of that. Uh, this goes 8 and 816. Shoot. I'd say 24. All right.

Mr. Chairman, is that behind John A's mama? Well, yeah, of course. John Ack and William Ale and Scott and all their houses. Of course, William's the only one that's left standing. But yeah, that's directly behind those three houses. They're all over. But there's a pretty big buffer. You know, I grew up over there with Shirley Alec Scott was my godmother and Philip and I were St. Mary's for 12 years. There's a big run back there behind that. There's a big missing enough for four. Uh yeah, I mean there there's uh there's there's pretty good. You see that run behind it is all that's where we used to run. That little L-shaped

behind it, that's where we used to run around as kids. That's that's not even on his property. That's out of it. And there's a ditch almost where that there's a swale or a ditch almost where that purple line is. Is that right? Is it still there, Mr. Yes, sir. Yeah, that's what I thought. You know the surveyor just let I know I think some of the I've heard somebody said something surveyor did say something about there's a small drainage ditch back there and we will make sure that there it's adjusted right and it is the water would not go up on anyone's property. Well, it was always grown up. I mean we just never got up there as kids.

I got through there yet a couple days ago and I got ate up with the little bar things. So, I want to clear it as soon as I get approval. All right. Any more questions, Mr. I also uh my my idea is to privately fence the entire property, whatever, but whatever code is for city of Nadish, but I'd like to separate it for R2 to R2 is there's no requirement for fencing. No, I just And then the R2 R2 to B is the B's responsibility for fencing. So that's correct.

In in absolute terms, you of course can do whatever you want to, Mr. Nichols, but there's no there's no requirement for fencing of any type. Now, might improve your property. It might help your tenants. It might help the neighbors feel better, but in so far as coding requirements. Uh the way you're cited, I mean, Jennifer Atkins, I guess, would probably be the only person that would be required to put a short fence. Huh. Mhm. Jennifer. And then there's another one um that just tiny tiny piece

that can't be more than 13 14 ft. But the point is is that there's you don't have a requirement in the code. Yes, sir.

Might help your neighbors feelings if you get approved and might you might want to contain your tenants for lack of a better term. But in so far as the codes required, I don't know of any reason R2 on R2, R2 on R2 or R2 on R1 or R2 on R3. There's no fencing requirements for those. It's just when you mix business and residential that it becomes an issue. All right. Any more questions for Mr. Nichols? Anyone want to speak on applica on behalf of the application of Nicholls? Hearing none, we will move on to those in opposition to Mr. Nichols's application. Mr. Nichols, I would urge you to pay attention because your rebuttal will be limited to issues that are brought up in opposition.

Yes, sir. Thank you, sir. Okay.

Uh uh we'll just start. Mary, you're up front and chomping at the bit. So, why don't you come forward? Let's Let's just go down the line. My name is Mary Strial. I own a property at 230 Percy Street, which is at the end of Cypress Street. I am the current president of the Nacadesh Historic District Homeowners Association. We have very strong concerns about the reasonzoning of this. Uh as you know, Nacadesh and this area is one of only two national historic landmark districts in the state of Louisiana. It is uh designated that because of the significance of the architecture in the region. several years ago and Charlie you recall this the his the homeowners association worked with the zoning and planning commission to downzone this area. Owners were given the option owners of each property were given the option of opting out of downzoning and if they did not opt out of down zoning they would go from an R2 to an R1. If you have a historic property on that street that is zoned R2, you cannot build multiple duplexes on that lot. This is one lot. Secondly, the the this region in the late 1700s, early 1800s was surrounded by water. This was an island. The flood area is right along the area that he is proposing to put his four

buildings. When you build the parking lot in that area, you're going to push a lot of water onto the properties that are along Cyprus. Flooding will be rampant. Ask me how I know. My daughter and I uh my husband had owned uh 1611 163 Cypress Street. The house burned next door. They got permission to build a new house. The owners of the property promised that there would be appropriate drainage. They came in and filled and leveled that lot. All of their water drains under her house

and it sits under the house and it the backyard is always drained. We've spoken to the city about the drainage the the drain the storm drain that's in the back corner of the property. It's always clogged. This area that he proposes to build these houses floods all the time. The third issue that we have is the density of the buildings that we have on that street. These are lots that were de developed historically. They're small lots. The buildings are close together and you're you're adding four more buildings, eight families, uh 16 14 16 parking lot spaces on a street that is narrow and one way. The traffic is terrible. People that live on that street will tell you that we're constantly dealing with speeders that come flying down that street. The city on occasion uh writes tickets for it, but it happens frequently. Just the other day on uh Saturday, I was talking with Mr. Cordell on his front porch. We had not one but two cars speeding the wrong way on Cyprus and a police car that was speeding the wrong way on Cyprus. This is an area where parking is on the street. It's narrow. We have traffic problems. Um the homeowners in the area are very very concerned about this. So, let me reiterate. We have a national historic landmark district where the houses are

significant and important. We have a flood plane problem on that lot that if you put a a parking lot for the buildings there, the water is going to be pushed onto the yards of Cypress Street. And we have a terrible traffic problem in the area. We have a density issue on that street. It's historically developed that way, but we don't need four more homes, 16 families. There are plenty of places that one can build duplexes. But why in the National Historic Landmark District that and I I do have a question for the commission regarding zoning. If my house is zoned R2, I can't go in and add as many duplexes as I fit it on my property. Why is this one lot being allowed more than one R2 property? more than one uh two family building on this lot

because of the square footage of the property. I need to bring up the ordinance for R2 and that will describe Well, I mean, first of all, that's the application the gentleman made. It's nothing we've allowed. No, no. I I No, the question I have is what does the ordinance allow? Mhm. I mean, R2 um I mean I think that's an R2 use. I think multiple duplexes is an R2 use until you stack them together and then they become a partner building. So I could put a if if I could fit another building on my property, it could be R2.

It's 8 8,000 per. So if you can fit it in there with the set without waiver the setbacks and bringing your how parking and stuff up to code, it's just a geometry. It's chenga or tetris or whatever you want to call it. If it if it works, some of it you could do with nothing but submitting a permit request for construction. Now if you and a lot of them can't a lot of them, this is 3/4 of an acre. There's not a lot of property in the historic district, you know, other than what was it? Summer tree or whatever they call that thing that got torn down over by y'all's old house.

Uh there's not a piece of property like this. So, it's not as big an issue, but but you know, most of the rest of them kind of fill it up so that if you need if you need another building, you're going to have there's going to be or if you want to put another building in an R2, it's you probably can't fit it in without a waiver of parking or some kind of setback or something like that. This property just enjoys a really unique a really unique size and really unique uh format that it doesn't require that kind of stuff

and really unique historic trees. The two live oak trees at the beginning of the property on the entrance are both live oaks that are significantly older than 150 years old. Well, that he's required to get a permit if he wants to. He's got to get permission from the historic commission to cut them down, doesn't he? Correct. I mean, those block the entrance way as he plans it. No, it does not block the entrance. They don't block the entrance. But if you drive heavy equipment over those trees to get to the landlocked

um lot to get to the back of that lot, you're going to kill those trees by driving heavy construction equipment over it. So, uh, those are just some of my concerns and I know some of my other neighbors that are here would like to speak as well. All right, hold on. Uh, Mary, let's see. Are there any questions by members of the commission? Um, all right. Uh, we'll hear from whoever wants to come up next. Thank you, Mr. Dr. Strick. Yeah, please please come forward and state your name for the record.

Good evening. Good evening. My name is Kirk Cordell. My wife Jane and I are here. We're we own the property across sort of caddyy cornered across the street from this property and we share many of the concerns that were raised here tonight. We um you know, Cypress is this little tiny street that's flooded with traffic from people who are trying to to come across the uh Kaiser Street Bridge and tear down the road instead of going down um Jefferson Avenue. And we have terrible parking problems because a lot of the older houses are divided up into student apartments and there's not enough parking for them. Um we share the concerns about the uh flooding. I also own a property on um Excuse me, Sydney. I was going to say Sabine. Sydney on Sydney Street, which is the corner. Um, and it backs up onto Megan's property that was just discussed where the city has a drain. It comes out, at least according to city engineers, and we talked to them about the flooding problems we were having is that it comes out into this property and that's where this this is the drainage for all of that. So, we we're deeply concerned about what happens if that's all paved, whether that will just bring things back. I know that one of the critical pieces of your concern uh as public officials is to whether this is the equity issue and is it fair to not have it be R2 when the surrounding properties are but it's different for the surrounding properties because of the historic district. So all of us that have R2 properties around it including mine, I can't tear down my house in order to build a bunch of a bunch of um apartments, right? So in effect, we don't have the same rights and you would be granting Mr. Nichols way more development rights than we have because we would never be allowed to do that.

Why you can't tear down your house?

Because the historic district commission wouldn't permit it, right? So and that is the protection for the district. We we would love Mr. Nichols to come to Nacades and build some apartments and some houses anywhere. I mean, there's so many places in Acadis that could be held not on our little street and to add all that traffic and all these other concerns that have been raised. This is not the place to do it. It's just I mean it's the historic district's just a small little area and um and effectively these these will all become student housing if it's like everything else near the university and every single person in every bedroom would each have a car and uh so each of each of those apartments with two bedrooms that would be four more cars you know for each one and no matter what the city requires that's the that's the issue that we have and why we're just crushed with parking issues all of the time. So, um, we have concerns about the live oaks and all the other stuff as well. But, um, several of us have tried to buy this lot. I know at least three people in the neighborhood have tried to purchase the lot just to leave it undeveloped. Um, they the, um, owner wouldn't sell it to us because she thought she'd find somebody who could get it developed commercially. But since it was R1, we thought maybe we would be okay, but we really just beg you to leave the leave the zoning the way it is. and and we'd be glad to entertain having a single family house constructed there. We'd be thrilled to have somebody have that lot filled in with something.

That's all I have. Thank you. Any questions? Dr. Question. Yes, sir. Is there any other twostory buildings like that in your district? Well, there's some intrusions down the street that are the apartment complex apartments. Yes. Yes, sir. Exactly. That's the place. And there's the Weineberg apartments on Poet. Yeah, there's those are now two town. Yeah, but it was built as an apartment building. It was correct. 15 years ago was built in 37. You're absolutely right. The first also within the historic period of the district, not unlike this. So this will not be historic structure. All right. Any other questions for Dr. Cordell?

All right. Thank you very much for the opportunity to speak. Uh, anyone else would like to speak in opposition to the application of Nicholls? My name's Mark Milikin. And would you mind if I just walk to that, show you the lot that we own and we've owned for almost a hundred years?

Sure. We will be mostly affected because we own this house right here, 115 Cypress Avenue, bought by my grandmother from the tailor in the early 1900s. I'm caregiving for my dad, Joseph Milikin, in that house, 96 years old, a 20-year veteran of the Air Force as I am. And I am totally opposed to apartment buildings, condos, or duplexes. I think Miss Struggle said it uh quite well following her a real tough act, but all the things she said from flooding to noise to cutting down those trees in the front of that lot. Wow.

Mr. Milicanin, there was no one talked about cutting down the trees. I'll bet those trees are coming down. I'll bet they're coming down.

I'm not going to dispute that with you. But what I'm telling you is that no one today said that those trees were coming down. Now, let's get the fact straight here. My job as the my job as the arbiter here is to make sure everybody leaves a little bit mad at me because if I've done that, I've made everybody talk about stuff they didn't want to talk about. Uh, and so while I understand Dr. Trigal indicated that she thinks that that heavy equipment may ultimately kill the trees. She didn't say they were going to be cut down. And Mr. Nicholls said that he was not going to cut them down. And I reminded everybody that the historic commission prohibits you from cutting them down without their permission. So, let's just let's just stick to the facts that we've aduced so far.

Okay. So, can I ask him a question then? No. Oh, okay. Okay, I'm done. All right. Any questions for Mr. Milikin before we move to the next person? Any questions for Mr. Milikin from folks on the commission? Thank you, Mr. Milikin. Yes, ma'am. My name is Melissa Robinson and I live on Cypress at 146 Cypress Avenue. Yes, ma'am. And I'm also opposed to this new development. Um I did hear you say that it becomes an apartment when it's stacked. Correct?

No. When you have more than two of them together, the more than two duplexes together that are stacked. Well, this is not a this is a duplex because it's one if if you recall, I asked him were these over and unders or side by sides? And that the Weinberg apartments, for example, were side by side and stacked. It was four apartments in probably dog on near the same footprint that these things were, but there were four apartments in it. This is just two.

So, we were just discussing the oak trees. When he starts to develop that property, he's going to have to dig and put concrete there. He may not cut down those trees, but they're going to fall down. The roots go through the to the entire back of that property. Anything he develops that will kill the roots of the trees, and they will fall down. M. Mr. Rob, it'll kill them. M. Robinson, would you tell me why you think he has to put concrete down? Well, what's going to stabilize the buildings? The buildings or the parking lot?

What is he going to building the buildings on? What's going to stabilize the building? What's going to be the foundation? you could build them on peers. Uh the the uh driveways, we have a provision in uh HDC for permeable permeable um parking and driveways. So I mean, so let's talk about the driveway then. Let's talk about the driveway. He'll have to build a driveway to play to get those parking spots in there. He'll have to pour concrete for that or he'll do gravel. I don't know what what he's going to do, but I do know that those

third option, it's called permeable surface, and I mean the the the the historic commission worked with us to get that as a third option so that you didn't have gravel and you weren't stuck with gravel or concrete as your only choices. They make some kind of gravel like substance that the water goes through unlike parking. And it was specifically done for the historic district. So I So yeah. So you did say that when he does build those apartments or whatever he's going to put there. The duplexes.

Duplexes. Well, they look like apartments to me, but that's just me. Um you said that whenever if it's reszoned that he could do whatever he wants with that property. So what if he decides he wants to put the concrete? If it's reszoned, then he can do whatever he wants. That's what you said. Well, he can do whatever he wants subject to the uh planning and zoning and subdivision regulations and subject to chapter 16.1 with the historic district commission. I mean, he can't go set fire on everything. I mean, he can do when he puts in R2, he can do whatever he's allowed to and to do in R2 as long as he complies with the requirements of R2. I will tell you this, it's pretty close. He's pretty close to the maximum of what he can fit in there. Is that what you saw? Uh, from a geometrical standpoint. So that while he might be able to do anything he wants, I'm not sure he can mathematically put any more uh things in there than he's talking about putting in there right now.

Well, he does say that he's going to go up with the building. I don't know if any of you have seen that property, but there are the trees are kind of meeting over the property. If he goes up, he'll still have to do some cutting. I mean, no matter what you say or what he says, there will be some cutting. There will be some damage to the to the Yes, there will be. I never said there wouldn't be. Well, you were shaking your head. So, I mean Yes, cuz I don't agree with you that I said that there would be no cutting.

Well, but if he goes up, if you go I I challenge all of you guys to pass by that property. If he goes up with that building, he will have to cut because otherwise his roof will run into the trees. So, he'll have to cut something in order to go up with that building. So, I mean, it's it's just not it's a historic the historic district. It's it's, you know, one of two. And the type of building he wants to put there, I mean, we would love it if he put a house there. I mean, the R2s that you're saying surround his property.

Wait a second, ma'am. I'm not saying anything. Miss Rock's not saying anything. She what she's doing is she's reporting what's on the master planning map as adopted by the city of Nagash and the code of ordinances. So it's not my opinion. It's not her opinion. It's just her it's her opinion that it's R2 just like it's the nurse's opinion that your uh blood pressure is 125 over 83. They're just reporting. Okay. So let me just restate that. Sure. So, it's been reported that the houses that are surrounding this property are R2. Correct.

But those R2s, if you take a look at them, they're houses. They're not um apartment structures cuz I mean, let's let's just face it, this is going to be an apartment complex. He may stack it. He may call it something else, but it's going to be an apartment complex and it's going to have students and we're going to have issues. So, those house, those R2s that surround his property are houses. If you go down Cypress Street, you'll see Mr. Mark's house is an R2, but it's a house. He lives in it. The house right next door to the on the other side of the property, it's a house. The house is across the street. Dr. Cardell, his house is an R2, but it's a home. He lives in it. So, and there are single family homes. They're not duplexes or apartments. So, I mean, this is going to be we can give it a fancy name, but it's going to be apartments. Well, let me just say one thing in response. I was on here 15 or 20 years ago when we worked with the historic district homeowners association and we did a comprehensive thing. It took 8 months to a year. Everybody that wanted to uh opt out could opt out and they opted out to R2. Right, Mary?

No. No, they opted out from R2 to R1. So, for example, my house is our one, right?

And so, so all they had to do was pick up the phone. I don't know if Dr. Cordell owned the house when we did that or not. I don't recall. Obviously, the Milicans owned it because they bought it from Taylor, uh, probably Henry Cook senior in the turn of the century. All they had to do was pick up the phone or come down here and drop off and say, "I understand I'm R2. Please opt me for R1. And so that being said, the people that are on Cyprus that are now complaining that they're R2 and somebody wants to be R2, they never opted for R1. Would have cost them absolutely nothing. But now, let me throw you a bone here, M. Robinson. The the folks that have this obviously opted for R1 and now they're trying to go backwards. either they or their predecessor entitled opted to go R1 and now they're trying to go back. So I don't think I I understand where you're coming from, but all the R2s over here should have thought about that 15 years ago when all they had to do was pick up the phone or come down here to planning and zoning and sign something saying make me R1 and they'd have been R1. But by the same token, his predecessor entitled or his vendor is going to go R1. And now because they see money, they want to go R2.

And so let's not get uh caught up in that from that standpoint because like I say, there was opportunity for every single person in the historic district to go R1. That didn't cost them a dime. It would have cost them 10 minutes to go see one of Ballard and sign a piece of paper. And the entirety of the district could have been R1 except probably for the multif family structures that were already there. They probably shouldn't have signed it, but everybody else that you just qualified, like Mr. Milikin, they should have done that

because if you're R2 and you're complaining that somebody next to you wants to be R2, it's a little inconsistent. It's a little rich, especially when you had the opportunity to go R1 at no cost. But once again, I say by the same token, these folks opted to go R1 and now they're wanting to go R2. So that's just my two cents. That's my historical prospects. Evidently, I've been here probably longer. Well, I will say than anybody else in here.

I will say that Dr. Cordell was an R1, but when he decided he wanted to renovate his garage apartment, he was forced to go to an R2. He did not want to go to an R2, but he was forced to go to an R2. He was an R1. Forced me. Well, he was told if he wanted to renovate that apartment, that that garage apartment, it had to be he had to be reszoned as an R2 because it was no longer a single family dwelling. Well, he he never renovated it. I mean, so it's still a single family. All but you said, but you said people had a chance to opt out, but there was, you know, obviously a person that wanted to remain. Well, he opted out and opted came back in. Obviously didn't do it.

Well, no, he didn't own the property at the time when you said they were offered to opt out. heard. I'm sorry. Everybody in their predecessor entitled simply could have at the point at that point in time could have signed off and they really if they were really adamant about it, they could have done that. But like I said, I keep telling you that his predecessor in title wanted to go R1. They had to do something to go R1. He was an R1 when he purchased that. It was an R1. No, I'm talking about Mr. Nichols. Oh, M. Oh, well, but but anyway

anyway, so we beat that dead horse. So anyway, we think that I mean we don't we have a lot of residents that showed up tonight that's in oppose that's opposing this. So it's not just a few of us. Um but and we just feel that it it it just will not um it'll take away from the integrity of the historic district and with all of the historic homes in that area. You know, there are homes that are on the historical register. My home is one of them. And so I just think it'll take away from the integrity of the district. And that's just my thought. And I think that's every that's everybody's thought.

The person at the podium talks, people at the desk talk. No one else talks. So So that's what we think. We just We don't want You think it's inconsistent with the district? Correct. Yes. Yeah. Thank you, Miss Rob. Thank you for your time. I appreciate your time and I appreciate you listening to me. All right. Anyone else want to come forward and speak on on in opposition to the application of Nicholls?

Yes, ma'am.

I've heard my name mentioned. I'm Megan Nicholson. I have 161 163 Cyprus, which was my father's property. Um, I'm I'm not going to rehash everything, but I I just want it noted that I oppose this because like my stepmom Mary Struggle said, I've dealt with drainage issues because of the new property that was built next to 161. And it it's just the flood plane and the density issue with the traffic on that street and the parking. Um, it's it's just not a good situation. So, I just want it noted that I do oppose this and like and I am the same. I would love for you to build a beautiful home on that property and I get that it's a big piece of property, but um I just think it takes away from the integrity too. Thank you.

Thank you, Megan. Any questions for Megan? Thank you, Megan. Anyone else want to speak in opposition to the application of Nicholls? I promise not to gabble you if you're at the podium.

All right. Uh then let's go on to Mr. Nichols and uh have your short rebuttal, Mr. Nichols. These houses are going to be nice and and I'm a landlord. It's not I know it's all about college kids having availability for housing and I think it's there's a lot of kids that doesn't have availability for housing. All the parking will be on my property not on the street cuz the street has very limited of parking. I said the drains the the water issues going to be will be taken care of. I'm not going to the drains I feel are clogged from tree limbs trees and all that. But if you keep I'm taking all the grass and all the grown up stuff out of there. The tree there's no trees on my property except the front two trees which would be which I believe cuz it's 25 ft from the center of the road to the your uh property line through your property line is city property. Those trees I believe are on city property. I would definitely not take those out. They're too beautiful for the rest of my property does not have a tree that the only thing they have is trees on the fence line that are grown up wild trees. I had I didn't see any other tree that wasn't worth keeping. They're just wild trees. Uh all the houses around me are rentals from college kids. It's like the house right beside me opposite of my property has five college football players living next door and they all have there it's outdated house. My houses will be up to code uh electricity code plumbing code everything up to par with today's society. Uh it would be it would bring value to your houses. There's many houses in that area that are they're I would say dilapitated. They're

not they're they're very not not taken care of. They're very they need they need updating. And what I will bring is updated housing and all like I said no college kids or no no college no parking will be anywhere except on my property. This be it'll be blocked off. I said and also I have two upcoming kids in three years. I got a daughter that's coming here for school. We already have I have two houses on on this on the lake already. So, I I have built houses and I'm 5 miles down the road and they I I can get them rented just like that because if I want if I had a rental because people have no housing. The college kids have no housing around here. Uh I'm I'm actually building another one on 494 also right now. They just poured the slab yesterday. Uh it's talking about the water. The water's going to be directed. If it's any natural flow of the property, it's going to be have an either a catch base or some type of drainage that's going to keep it from getting blocked up. I don't want water on anyone's property. That's that's really about all I say. I'm going to have well-kept property, up-to-date property, and

uh Mr. Nichols, let me ask you things for my kids. Did you provide this information to this Mr. Xon that did your uh plat? I just told him to see how based on his specialty which he's a he draws he's a drafter planner. So what you said was it was a 25 foot center from the center to the property line. Well according to what Mr. Jeansaw has provided us it's only a 30 apparent 30 foot apparent rideway. So that would be assuming the street is in the center that's only 15 ft. So I meant

So from the center of the road. So yeah 15. So the other 15t it'll be 10 foot from the you're talking about where the trees are at. Well you said 25t. That's what I I believe it's always 25 foot from the middle of the road is the property line. Under what theory? It might be 50 foot. I don't know that for a fact. Okay. Yeah, that's just cuz I I don't know many 50s. They're 25s cuz I just measured 60. I mean, your document you provided us shows 30 foot. Okay. What? It's whatever the the neck is pair. Sorry, you got to be specific. I mean,

well, I'm just saying if it's 20 I'm just the only the distance I was talking about was the trees being on city property saying they won't be taken out anyway cuz that's city property. And I believe the the toads trees, those two trees that they're talking about are on city property. It's just a math problem. Uh and

actually, if y'all drove by there recently, you'll see the stakes, which is probably I think behind the trees. I think the trees are on property. So, and one other thing I just want to correct you on, you talk about, you know, uh the other residents in here about their houses not being up to code, uh, and that you would build something up to code. I mean, I want to make sure that you understand like the Weineberg apartments, they they probably don't have it anymore, but they they could still have unvented space heaters because it was built in 37. Correct. So the fact that something does not meet the current code does not mean it is not up to code because it is a nonconforming use which the vernacular sometimes is a grandfather use. And I imagine that there's a heck of a lot of houses down there that have non-conforming uses because they've been there 50 years. And I think it's kind of disrespectful to talk about

I'm not talking about code based on electrical and plumbing. I'm talking about just upkeep. All All I can do is you talk about up to code and all I can take you is at your at your word. I I I just I I beat up on everybody today and I just felt like, you know, just trying to get everybody. Uh so any more questions for Mr. Nichols? Discussion by commission members. Pardon?

No ma'am. We got your time. The we we all we got was his for and then the against and he could only only he could talk in rebutting what you all said and then the public discussion is over and now it's discussion among members of the deis or the commission at this time. So is there any um any discussion by commission members? Yeah. No. Have you uh have you considered putting less than four of those apartments?

Yes, sir. Just whatever we could fit whatever you guys Yes, I could. It's also a consideration. But if if the housing is limited, if I could put four on there, I would like to because housing is limited for my my my daughter's about to come here and she'll be living there for four years and then my son's right behind her.

You have a question? Yeah. Uh uh Mr. Chairman, I want to ask you something. Uh do we have a problem here like with the historic district with this? woman that no matter what we do, they they've got the final veto, right? Say over the configuration and the parking. They could require, as I was telling Miss Robinson, they could require him to not use a concrete or gravel driveway to go with his permeable parking, right? Or or do the drive in gravel and the parking and permeable uh stuff. some in while you like to say that they have stylistic uh control, they really got a little bit more control than that.

Right. And so my my other question too was uh they was concerned about the the flooding. Is this a city problem or what? Uh the the flooding back or what? Well, he's he's bound under the civil code. he's bound to receive and discharge water in the same manner he's been this property has been doing forever. So, I mean, he's got the obligation to make sure that he takes water at the same rate and puts it out in the same rate and in the same spot uh as it's doing right now. Okay.

Now, if if you've got something that's blocked like like uh Joy has, now that's a city public works issue that they need to get over there and fix, right? But I mean we we we can't operate under the assumption that the city is going to right not do their job. The public works department is not going to do their job any any anything down here ladies I was wondering about noise ordinances. I wonder if that's also or a smoking concern. Is that something to consider? Is that something that

I mean it's it's sort of like when we looked at that Topus deal. You know, we we can't assume that they're going to not follow the law. But I will tell you this, when the city did that brewery there, they put an automatic because they were concerned about that, Alexa, and they put, I think, a deal in there that if they got three more citations in a year that the city could cancel the lease on the brewery. And of course they've got hundreds of thousands if not. So I mean you know it's always a concern and of course the city at least acknowledged in that lease that it was easier to control them through the lease than it was through the criminal code. You know you get two strikes on you fixing to lose a multi00,000 brewery. You lose the lease on it. you know, people start getting right

that sending the cops out there to write a $150 ticket doesn't get anybody's attention really or 250 or whatever it is. Does the commission have a pleasure? I'll move we approve. Is there a second? I'll second. Second by Miss Bernard Condi. Let's have a roll call vote. Miss Donna Charles Whitehead the third. I don't I don't vote for case. Excuse me. That's no problem. Mike Lewis Lewis. No,

but you one at a time. Mr. One at a time. Hang on. Okay. Mr. Michael Lewis did not Mr. Isaac Lewis, denied. Mr. Bobby Claybornne, denied. Miss Anita Dubois, yes. Miss Alexa Bernard Hyundai, yes. Miss Sadie Sawyer, yes. Mr. Walter Johnson, no. That's four to three. Is that correct? Yes.

Yes, it is.

All right. So, that uh that stands uh denied this uh for some reason they still take these up on the 9th through the 23rd even though they were denied at the planning at the city council. Um, so I would suggest that uh folks show up because they can take a different tack than we did on the 23rd even though we denied it. And I appreciate everybody's patience. I hope everybody that came up to the podium felt like they got treated fairly. They may have to say some things they didn't like, but that once again as the uh chairman, I feel like I've got to get people I I want to hear the bad stuff just like the good stuff. But uh in any event, uh thank you, Mr. Nichols. Thank you, folks. Um that is all of the new business, Madame Director.

That is report of office activities. No. Well, right now we um we have Mr. John Putin. Yes. John, stand up and introduce yourself. He's our new um administrative assistant or what's it title? He's our administrative assistant. John, tell them what your name is. John Boutek. John Bout. I went in there the first day he was there and he had those these these ladies not going to be able to find anything for about a month and John got it all organized where John could find it. Job security. Yes. Glad to have you, John. That's it. That's it. Reverend Claver,

make a motion to approve. Oh, second by D boys. All in favor?