By KEVIN CHIRI

Publisher

GARYVILLE — The intent of Garyville residents to rezone a 400-acre piece of industrial land back to residential property may not be as feasible as they hope, according to St. John Parish Attorney Jeff Perilloux.

With the prospects of an oil tank farm seemingly on the fast track just west of the Garyville/Mt. Airy area, residents in the area have begun to mobilize to fight the project. At a meeting this past week, it was agreed that a petition would be sought from residents in the area, asking the Parish Council to rezone the land from heavy industrial to residential.

That would stop a proposed tank farm, which is currently on the drawing board by some unnamed investors. The property is already under contract, according to attorney for the buyers Bobby Faucheaux, and could close within 60 days.

But Perilloux said a promise at the Monday meeting by Parish Councilman Allen St. Pierre to seek rezoning may not be as easy as he suggested to the residents that night.

&#8220It just wouldn’t be appropriate for the parish to rezone

land without the owner’s request,” Perilloux told L’Observateur. &#8220There are no greater rights than the rights of a property owner, and the rule is that we don’t have much authority at all to take away those rights by rezoning land, just because people in the area want it done.”

St. Pierre, one of two councilmen to represent the area, was in attendance at the Monday meeting. He had earlier told L’Observateur that he supported the tank farm. But after listening to about 40 people all express their desire to see the tank farm halted, St. Pierre said he would seek rezoning to residential if a majority of residents signed a petition.

Perilloux agreed that parish officials do have some rights to do such a thing, but he said it would be highly unlikely.

&#8220From a legal perspective, the land owner would need to participate in the request for it to happen,” he added. &#8220And from what I’m seeing out there, I just don’t think that will happen.”

Danny Guidry, spokesman for the investors buying the property, said his group has no intent to seek rezoning.

&#8220We are buying the property due to the industrial zoning,” he said. &#8220But we again just want people there to know we are doing everything possible to make this a safe project for the area.”

Guidry said he has now met with leaders of the opposition group, and will be getting questions from them, that he will answer at a public meeting in the near future.

Cleveland Farlough, the other council representative from the area, has yet to take a position on the matter and continued to question whether rezoning was the right thing to do.

&#8220What I would ask is why didn’t the people out there ask for this long ago, instead of waiting for a company to plan a business there?” he asked. &#8220My position is that if a majority of the people don’t want something, I won’t ram it down their throats. But they say they want the property for residential, however there is the big Kaiser Aluminum plant just to the west. Wouldn’t that still put homes next to a big industry?”

Prospective owners of the tank farm have said they plan to have a protective levee around the tanks, so even if there was a spill, it would be contained. Additionally, they have promised $5 million of fire department equipment to be available for local departments, which could conceivably lower homeowner rates.

&#8220You wouldn’t even be able to see these tanks from the road or anywhere,” Guidry told L’Observateur. &#8220And people need to consider that this land could become a chemical plant one day. The tank farms are the best thing you could hope for on that property.”

Whlle St. Pierre told L’Observateur he believed the other council members would back his request for rezoning, several others didn’t agree.

&#8220The people and Allen don’t own this land,” Councilman Steve Lee said. &#8220I don’t think we have the right to change the zoning. I believe we would have a serious legal problem if we tried to do this.”

Councilman Ronnie Smith agreed, noting that he usually supports residents in the area, but in this case, has to show priority to the land owner.

&#8220I still have to hear both sides on this and then I would do what is in the best interest of the parish,” he explained. &#8220But I probably won’t support it if the property owner doesn’t ask for it.”

Councilman Dale Wolfe said he would support &#8220whatever residents of an area want. I’m 100 percent with them.”