Zoning talk draws long discussions

The discussion of two separate zoning issues - one residential and one commercial - at last week’s Osceola City Council meeting drew long discussions from council, mayor and staff regarding possible pluses and minuses for both.

Residential

The first zoning discussion involved a request from a property owner to rezone property in the 200 block of North Osceola Street from R-2 to R-3. The difference between the two zoning districts is that R-2 is for one- and two-family residences while R-3 is for multiple family residences or three or more units.

Osceola City Administrator Ty Wheeler explained that the area in question had once been an open space that was never developed, until it was purchased by an individual who has been building two-family units with two currently completed; the units are approximately 800 square feet and stack on top of one another.

“As she’s tried to figure how to utilize these lots, she’s come up with challenges,” Wheeler said, noting the configuration of units within the setback requirements has proved somewhat of a challenge.

In order to help alleviate some of those staging issues, a discussion was brought forth about changing the lots to a parcel and rezoning to multifamily use.

“The rezoning is actually consistent with your comprehensive plan, which is something that was identified as a potential future R-3 area,” Wheeler said.

Rezoning would allow the owner to push two units together, as there would not be a need for a two-feet overhang on either side. Doing so would reduce the impervious surface of the units. The owner would also install parking and a drive, as off-street parking would be required.

Councilman Tom Bahls expressed concern about the effects that could be had on potential runoff. Currently, one of the lots acts as a large drainage ditch.

“I want to make sure that we’re accommodating the challenge of potentially impervious surfaces and where they go,” he said.

A public meeting had previously been held planning and zoning with all adjacent property owners invited, some of whom posed similar concerns. Wheeler said public stormwater piping has already been reworked by the owner in conjunction with the city’s street department to discharge into a grove of trees further back from the street. The owner had also installed a culvert and shaped the ground to direct water towards the trees.

After further discussion regarding water runoff, a public hearing has been set for 7 p.m. Tuesday, Dec. 2. for the purposes of rezoning.

Tire Mart

The second discussion for rezoning involved a public hearing for the proposed amendment to the B-3 Interstate Commercial District pertaining to auto repair use.

Wheeler said there is currently a proposal to place Southern Tire Mart at Pilot on a piece of property across the street from Pilot, 2010 W. Clay St., on a piece of land owned by Lakeside Hotel Casino. He explained that any ground owned by the casino has a deed restriction in place that protects Pilot from competition. However, Southern Tire Mart at Pilot has a relationship with Pilot and stores are often placed close to or next to Pilot Travel Centers; Southern Iowa Tire Marts at Pilot are retail and commercial repair shops that offer tires and tire services, wheels, roadside assistance, local shuttle services and more. Therefore, this proposal would not violate the deed restriction.

A written request was submitted by Southern Tire Mart to modify the zoning to accommodate their usage. Currently, the B-3 District excludes auto body repair and automobile, machinery and equipment repair shops, both of which were what uses Wheeler felt best described Southern Tire Mart. Planning and Zoning felt Southern Tire Mart would fit better under auto body repair shops.

“What they suggested was to reclassify [B-3.A] into a conditional use, which would require board of adjustment approval for each application or proposed user,” Wheeler said. In doing so, a variance would be needed for each application. Conditional use would also address products that would be stored outside of a building, a listed excluded use of B-3.

Osceola Mayor Thomas Kedley worried that allowing a variance could set a precedence for other tire or auto shops that might want to come into the area. He also saw the request as a reaction to talks of a Kwik Star Convenience Store potentially being built across from Pilot.

“I’m not for this,” Kedley said. “I would like to see restaurants, hotels, entertainment, things like that… not really feeling a tire-auto shop with trucks and oil.”

He also wondered if a Tire Mart would invite more truck stops to the area but commended planning and zoning for suggesting a variance as opposed to rezoning.

“I think if it’s planned properly with proper precautions put in place, it’s a tax base and [jobs], and that’s what our community needs both of,” Bahls said. He added that for him, looking at a variance on a case-by-case basis, it would not set a precedence.

As a full proposal has not been submitted by Southern Tire Mart, Wheeler said he could say there is interest but more information is needed, though he assumed they were probably waiting for the change to occur to purchase the property.

“I’d say let’s be open for the option until we get the fully developed proposal so we understand what they’re really proposing,” Bahls said.

The council decided to take no action on an amendment at this time.