The conditional use for auto body repair shops in the B-3 Interstate Commercial zoning district may be coming back to an Osceola City Council agenda.
After a 4-1 vote to not pass an ordinance amendment at their Nov. 18 meeting, the council voted 4-0 at last Tuesday’s meeting to reconsider the proposed amendment at a future date; councilman Jose Vargas was absent.
The amendment proposal had come before council from planning and zoning after a request from Southern Tire Mart, a company interested in possibly buying a piece of land and building across from Pilot Travel Center on West Clay Street.
Their use, however, is not permitted under the current zoning definition for B-3; they are permitted in the B-2 district and most if I-1 and I-2. By moving auto body repair shops from an excluded use to conditional, approval would on a case-by-case basis made by the Board of Adjustment.
Osceola City Administrator Ty Wheeler told council that following the Nov. 18 meeting, Southern Tire Mart had requested an opportunity to meet with council, city staff and interested persons to discuss their plans for the area. Wheeler explained that in order to bring the proposed amendment back to a future agenda, a motion to reconsider had to have been made either at the Nov. 18 meeting, or at either of the December council meetings.
“In council rules, a motion to reconsider prior vote can be made by a member of the council on the prevailing side of the original action,” Wheeler said. A subsequent vote on an amendment could then be made at a later time.
As the previous motion had been to not approve the amendment with councilman Tom Bahls voting no, one of the four council members who had voted yes would have to make a motion to reconsider.
“If we’re going to have this continued dialogue about the concept, this would be the appropriate next step,” Wheeler said.
Councilman Dr. George Fotiadis, who had made the motion Nov. 18 to not approve the amendment, stated he’d be willing to make a motion to reconsider and explained his reasoning behind that decision.
“I feel bad that I seem to have led you guys in the wrong direction when I voted against it at first,” he said. “My concerns were the whole concept of conditional use – what do we want to keep control of, what do we not want to keep control of.”
Fotiadis said that the prior conversation had moved more into talk about protecting businesses that are already here, stating that any time a new business comes into town it will affect established ones.
Noting Osceola to be on the verge of change, Fotiadis said while it is nice to have a “handle on what’s going to come in,” it is outside his role as councilman to decline change.
“From a leadership standpoint, I think it was wrong for me to decline that change… that’s why I wanted to move to reconsider,” he said.
Councilwoman Sonya Hicks said that if the council approved a reconsideration, they could still vote no to a proposed amendment in the future. She said she is all for protecting small businesses, but recognized the need for additional tax revenue to come into Osceola.
Osceola Mayor Thomas Kedley agreed with Fotiadis on how the prior conversation had gone, but said his main focus had been about the zoning and the potential issues that could come from approving variances.
“My concern was the dangerous precedent of granting a variance to this one – well, we do it for this one, then we’re doing it for another one, then we’re doing it for another one,” Kedley said.
He reiterated his previous statements that zoning is in place to protect what goes where in the community, not about what specific business or company may or may not build there.
“It’s about following our zoning,” he said.
Bahls took a moment to share his thoughts on zoning use, noting that as he only has one council meeting left he will not be able to take any future action on the matter.
With the B-3 district stated in Osceola City Code to “provide retail commercial and service uses for the traveling consumer and specifically targeted for the tourist,” Bahls said that in the 30 years since the zoning’s establishment, the casino is the only entertainment venue to have been developed in that zoning district.
“I’m looking at this, is this a vision that is working or a vision that is not working,” Bahls said in regards to B-3’s intended use.
Environmental concerns had been discussed in previous meetings and conversions, to which Bahls said to him a place that doesn’t store fuel or change oil shouldn’t hinder council’s decision, nor should business competition.
“... what community amenity could go in any properly zoned B-2 or B-3 [district] that wouldn’t compete with an existing locally owned business? So we’re either denying business or we’re allowing business,” Bahls said.
He finished by saying that in the future, city staff, council and mayor should review the B-3 zoning designation to determine if it needs to be changed to reflect the current development and its effect on future development.
Councilwoman Luci Sullivan seconded Fotiadis’ motion to reconsider.
During Wheeler’s city administrator report, it was discussed if conditional uses in general had been applied properly in city code, or if it was something that should be reworked in the future.
A native of rural Union County, Candra holds a Bachelor's Degree in English from Simpson College and an Associate's Degree in Accounting from SWCC. She has been at the Osceola newspaper since October 2013, working as office manager before transitioning to the newsroom in spring 2022.
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