Council approves rezoning for downtown cafe after heated public comment on parking and preservation

The Nacogdoches City Council narrowly approved a zoning change for 216 North Church Street on Aug. 20, 2024, allowing the property to move from B-2 General Business to B-3 Central Business and eliminating the site’s on-site parking minimums.

Grace Gerrigan, the applicant, told the council she and her sisters plan to open "Dilly Dally," a family-friendly coffee house with seating for roughly 35 indoors and several outdoor picnic tables. Gerrigan said the rezoning would protect the business if a two-year leased parking agreement for 15 spaces is interrupted and noted proposed mitigation such as directional signage, a fenced backyard play area, a handicapped parking space in the leased lot, and restricted hours. "Rezoning protects us and will give us time to make other arrangements," Gerrigan said.

Supporters, including local physician Eric Klein and downtown business owners, urged the council to back economic development and walkability. Klein said such gathering spaces affect social determinants of health and praised the project's fit with B-3 zoning. Several residents and small-business owners emphasized that downtown is walkable and that shared and paid parking exists nearby.

Opponents — most directly property owners adjacent to the site, including Connie Haley — urged caution. Haley said rezoning would remove the legal obligation for the business to provide parking and could shift parking burdens onto her building’s tenants. Neighbors raised additional concerns about noise, safety (fire-lane access), food trucks operating on an unpaved backyard and preserving historic character. "I don't see that as a good neighborly move," said Sarah Jackson, who said she has lived across the street for more than five decades.

Council discussion focused on whether the change aligns with the city's future land-use plan, the fairness of imposing parking requirements on this small lot, and whether rezoning is appropriate to protect a historic house from higher-intensity uses permitted in B-2. One council member framed the shift as a "downzone" (B-2 to B-3) that could better preserve downtown character; another emphasized the need to protect immediate neighbors' private-property rights.

A motion to deny the application was made and failed. Council then moved to approve item 6 as presented; the transcript records the denial motion failing and the subsequent approval motion passing prior to a five-minute recess. The transcript does not provide a clear roll-call tally in numeric form for the final approval in the public record.

What the rezoning does and does not do: the change moves the parcel into the central-business designation and removes the requirement for guaranteed on-site parking under B-2. It does not itself approve any specific operational variances beyond that zoning classification; Gerrigan said she intends to maintain the existing leased parking agreement and use fencing and signage to mitigate impacts.

Next procedural steps: the rezoning is effective per council action; any subsequent permits, health- or building-code reviews, or requests to alter operating plans (for example to allow a permanent food truck operation or extended hours) would require separate approvals.

The council recessed for five minutes after the vote.