Proposed auto repair shop amendment loses steam

Not so fast, auto repair shops.

After tabling the first reading for a proposed amendment to a conditional use in the B-3 zoning district at their Nov. 5 meeting, the Osceola City Council voted against the amendment in a 4-1 decision Nov. 18.

“If we approve this, my intention is to veto it,” Mayor Thomas Kedley said during discussion.

The amendment proposal came about after a written request from Southern Tire Mart at Pilot, a retail and commercial repair shop that has a relationship with Pilot Travel Centers. Southern Tire Mart was looking to purchase a piece of land across the Pilot, located at 2010 W. Clay St., and build there; the land is presently owned by Lakeside Hotel Casino. However, the area is zoned B-3 Interstate Commercial, which lists auto body repair shops as an excluded use.

“The ordinance currently restricts the use of auto body repair shops, which planning and zoning determined this is the best use for Tire Mart,” Osceola City Administrator Ty Wheeler explained at the Nov. 18 meeting. “They were asking for consideration of the amendment to that zoning to accommodate their use.”

Planning and Zoning referred the matter to city council with the recommendation of an amendment to move auto body repair shops to a conditional use which would require board of adjustment approval on a case-by-case basis.

A public hearing for the proposed amendment was

held at the Nov. 5 meeting. As part of the decision to table the first reading, council requested further information be gathered about Southern Tire Mart and their plans for the location.

Answers

Wheeler provided answers to some of the questions had by council.

Regarding containment of fluids, Wheeler said that would have to align with the international building code, which Osceola already requires. Southern Tire Mart would not permit overnight parking on a regular basis, instead directing that traffic to the Pilot Truck Stop. For waste tires, those would be stored inside and removed on a regular basis. A request by the city for a site proposal had not been provided as of the council meeting.

Wheeler reiterated that the decision before council was whether or not to approve the amendment, not an approval of a specific project.

“This action allows the project to move forward,” Kedley said.

Councilmen Dr. George Fotiadis and Tom Bahls asked for clarification about if the amendment would pertain to the entire B-3 district, or just to that particular location. The B-3 district is designed mostly for retail commercial and recreation, though it does permit auto repair when part of a new car dealership and showroom, and consists mainly of land owned by Lakeside, Revelton Distillery and undeveloped land along the east side of Interstate 35 north of Clay Street. Auto body repair shops are permitted in the B-2 Highway Commercial District which encompasses most of the area along Highway 34 east of the interstate and section of Highway 69 north of the high school, and some use in the I-1 and I-2, Light/Heavy Industrial Districts.

Wheeler stated it would apply to the entire B-3 district, but be on a case-by-case basis as reviewed by the board of adjustment.

Council thoughts

“When I look at it and I look at what’s included… I just don’t think the excluded uses are things I would like to see out there,” councilwoman Luci Sullivan said. “Most of the residents I’ve spoken to would not like to see those out there.”

Fotiadis asked if there were any advantages to the city approving an amendment for conditional use, as far as other opportunities it might open up. Wheeler replied the amendment would theoretically allow the board of adjustment and planning and zoning to regulate any increases in similar businesses built in B-3, but noted that as the district is largely undeveloped it is hard to envision. Bahls pointed out that if the council were to approve the amendment and Southern Tire Mart were to build, the city would still have the opportunity to pick and choose future development in that area.

“We have zoning for a reason. I’m not in favor of it,” Kedley said. He spoke of the city’s comprehensive plan that was finalized earlier this year and was based off of the city’s current zoning map. “I don’t feel comfortable changing that. I really don’t. I’m gonna stand strong on that.”

He added that zoning is there to protect against development that doesn’t fit in certain locations, which in his opinion was the case here. Having fielded over two dozen phone calls, Kedley said he felt the people had spoken.

“Council, you take the action you want, but I always lay my cards on the table for you - I want to work with you, but I’m gonna listen to the people,” Kedley said before his veto comment.

After making a motion to not approve the amendment at this time, Fotiadis stated that it was not a decision he came to easily.

“I’m all for competition, I’m all for new things… I’m just concerned - what are we getting… I’m not sure how much I want to change an entire property district until I get more detail on what that one project means,” he said.

The motion was seconded by councilwoman Sonya Hicks; Bahls voted no.

In other council news…

The council approved the re-appointments of Alisha Kale and John Kooiker to the Osceola Water Board of Trustees with terms expiring Dec. 31, 2031 and the appointment of Becca Kedley to fill Mel Miller’s unexpired term on the Osceola Parks and Rec Board to start Jan. 1, 2026 and expire Dec. 31, 2026. The appointments passed 4-1; Bahls voted no.

Two public hearings will be held at the Dec. 2 city council meeting. One will be regarding the proposed conveyance of a perpetual easement to Alliant Energy and the other for the proposed rezoning of properties in the 200 block of North Osceola Street from R-2 to R-3. The public is invited to make comments at the meeting or submit them ahead of time in writing, which will then be made part of public record.