Zoning for Main Street property remains up in air

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Outcome of updated Future Land Use Plan will likely determine use

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The fate of a Main Street property could remain in limbo for another year while officials comb through and update the city’s longterm land use plan.

The owner has recently twice brought requests to the Sulphur Springs City Council to change the zoning so the property could be developed, only to have all requests denied. Each time motions have been made by the City Council to buck the recommendation of the Planing and Zoning Commission to deny the request, citing the city’s land use plan. A super majority vote of six of the seven is needed to overturn a P&Z recommendation. The motion has been defeated each time it has been presented to the council.

Residents and business representatives returned this month for what is at least the third time before council to voice opposition to a proposal for a section of property along Main Street, just off Lover’s Lane (CR 3505).

Speaking out at the Oct. 3 meeting in opposition to the proposed Ordinance No. 2845 to amend the Future Land Use Plan from commercial/residential to industrial for 10 acres of property at 2113 and 2119 Main Street as well as the proposed Ordinance No. 2846 which would grant C&C Guardian Inc.’s request to rezone that property from light commercial to light industrial.

Once again speaking in opposition to the proposed ordinances were Tenny Tanton, on behalf of her parents, the Turners who live on Lover’s Lane just off of Main Street and the impacted area; resident Chris Gibbins; a spokesperson for Elise Douglas, who has a counseling business on Main Street; and Barbara Williams. Justin Friddle, who lives nearby and is part of the team developing the nearby housing addition, said he too is opposed to the industrial zoning and use as having it that close would impact property values and his ability to sell the homes in the second phase of development.

Tanton and the Gibbins said their families purchased the properties decades ago, and at the time were required to have it zoned light commercial so that their dads could operate a business on the family property to make a living for their families.

Flash forward 40-plus years and the address has been annexed into the city. Her parents want to spend their later years on their property without even more traffic going past as they try to exit Lovers Lane onto Main Street. Adding industry, they feel, would destroy the relatively quiet residential environment with noise pollution, and make it even more dangerous with more traffic traveling past the blind corner.

Property owner Stuart Cody expressed frustration at not being able to sell investment property he purchased many years ago. He indicated it has been particularly frustrating seeing the Sulphur Springs-Hopkins County Economic Development Corporation granted a zoning change, but his requests have been denied.

Previously, Cody’s son requested a zoning change to allow for housing development, specifically dividing the property into lots onto which manufactured houses could be placed; that request was denied by the city. Then, he asked for the change because an investor expressed interest in purchasing and putting a business on the property; the EDC wanted the property to use for potential future commercial or industrial development. The matter went to the City Council, where it was defeated due to a lack of a super majority vote to overturn the Planning & Zoning Commission’s recommendation.

Cody again submitted a request to the City of Sulphur Springs for a zoning change so the property can be purchased by the EDC for business development. He said a business that would employ potentially 35 employees was interested in developing on the site, but the zoning change is necessary for that to happen.

The matter was presented to the Planning & Zoning Commission Monday, Sept. 18. At that time, city staff recommended that no decision be made on the request from C&C Guardian Inc. for 2113 and 2119 Main St. be changed from light commercial to light industrial until after a thorough review of the future land use plan to better determine the best use for the area before making a decision. That process, city officials said, is expected to take a year to complete.

Place 4 Councilman Tommy Harrison made a motion to approve the ordinances which would rezone 2113 and 2119 Main St. to allow for the industrial development. Place 5 Councilman Gary Spraggins seconded the motion. Place 1 Councilman Jay Julian voted against both ordinances, causing the motion to fail for lack of a super majority, as a vote of six is required, and Place 3 Councilman Oscar Aguilar was not at the Oct. 3 meeting. If a decision is delayed until after the FLUP is completed, that would leave the property in limbo until after the process is completed.

Other business

In other business during the Oct. 3 meeting, the City Council did approve on final reading Ordinance No. 2842 granting Trina Yoho’s request to rezone a 1.04 acre tract at 511 Wildcat Way, east of Arbala Road from single family-6 to light commercial.

Also approved on first reading was Ordinance No. 2844 establishing a reinvestment zone for Signature Solar and EG4. The business bought the old VF Outlet mall to serve as a warehouse and for retail sales, with the strip mall to serve as corporate headquarters, with a coffee shop built in and solar power used to charge electric cars, EDC Director Roger Feagley reported. Creating a reinvestment zone for Signature Solar and EG4 does not commit the city to grant a tax incentive to the business but would allow the business to request a tax incentive.

The City Council too approved Resolutions No. 1381, 1382 and 1383. Assistant City Manager/Finance Director Lesa Smith explained that while no proposed changes were made to the city’s investment policy, the city is required annually to adopt it. She recommended increasing the amount quoted from $5,000 to $30,000. She also recommended writing off uncollectible accounts receivable to write off bills such as a water bill uncollected since 1989. If it hasn’t been paid yet, it’s not likely to.

The City Council approved purchase of a Western Star dump truck from Lone Star Truck Group. The contract is through Buy-Board and came in $7,000 under budget.

A request for final approval of a plat for Prostar Addition on East Industrial Drive to develop apartments on the site where some had previously existed but burned was also granted.