Main Street zoning request defeated

A request by C&C Guardian to change the zoning for right at 10 acres of property on Main Street was a point of contention Tuesday’s regular meeting of Sulphur Springs City Council. Several residents, the developers and council members voiced concerns and comments regarding the proposal, presented for the second time for City Council approval.

Sulphur Springs City Manager Marc Maxwell noted that the City Council voted last month on a request from C&C Guardian to rezone property at 2119 and 2113 Main Street from light commercial to light industrial. However, because the notice on the agenda was not worded correctly — negatively — it denied the applicant due process in the manner. So, the proposed Ordinance No. 2826 was restated and presented again for “first reading” on the March agenda for the City Council to again consider.

City officials noted the Planning & Zoning Commission forwarded a recommendation that the request be denied not on merit but based on the city’s land use plan, which is old. The city has begun the process of updating city’s land use plans, but has not completed it; that area of Main Street is among the areas that should be updated. Maxwell said it is his opinion that the area should become industrial.

Residents who live near the proposed area and at least one business professional indicated their concerns with the request to zone those 10 acres o land as light commercial.

Assistant City Manager/ Community Development Director Tory Niewiadomski noted the city had received a letter Tuesday night from a citizen who cited safety concerns regarding the proposed zoning change, specifically a blind corner and already fast traffic which if the property were to be developed with industry would likely increase the potential risks.

Ginger Brooks, who along with Elise Douglas, has a counseling office not far from the property where the zoning change would take place.

Brooks said she and Douglas said they returned a letter sent to them regarding public hearings for the issue against the zoning change, not to deny industry and growth but out of a need for more information with which to make a more informed opinion. She said looking at the city regulations regarding light commercial zoning, she did have some concerns regarding the potential type of industries which could develop on the Main Street property. Their business requires a certain type of environment to best serve their patients. An industry that is noisy would be a problem for them. Also, not having a shoulder for a turn lane given the volume of traffic that current travels along that section of road not to mention which would increase with one or more industries would further become more of an issue.

Chris Gibbins, who grew up within a block of the Main Street property in question and now lives on Main Street as well, said as what he believes to be the owner of the largest property in the area with hundreds of acres, he opposes 2119 and 2113 becoming light commercial. He said he lives in a house built by one of the owners of C&C Guardian and family of the other owner.

He said that zoning does not fit the use of surrounding property today. He noted there are single family dwellings across the road and near it. He said he is not opposed to change or growth in the city, but asks that they give consideration to the current uses, the single family dwellings along Main Street and Turtle Creek. A buffer is needed between the residences and industry.

Tinny Tanton spoke on behalf of her parents, Gary and Sandra Turner, for at least the third time during public hearings held about the proposed zoning change. She said they too are worried about potential noise not only fro traffic already on the road but from an industry. The dangerous curve where her parents live, going onto Lover’s Lane is already unsafe. She and her daughters have all had near misses as have her parents, when pulling out onto Main Street . It’s hard to see at that curve and traffic flies by at unsafe speeds.

Tanton said while she understands the need for a town to grow and develop, permitting industry right next to the residential area, in their opinion is not the place to do so. Several young families have invested in property and have moved into housing on their side of the railroad tracks. Children are playing and out and about in the area. Concern was expressed for their safety not only in the dangerous curve but with an increase in traffic industrial growth on the two property could present. Her parents continue to live at their address and hope to live out retirement there. Stacy Cody said there is no malice intended in the request. He said he cares about the families who live there and has personal connections to Gibbins. They are trying to sell the property. He pointed out that a few months ago a special use permit was sought to allow a manufactured homes neighborhood, a zoning like the trailer park across the street. It failed. Now, Sulphur Springs-Hopkins County Economic Development Corporation is interested in purchasing the land for potential development, but a light industrial zoning is required for it to be developed.

Cody said he was unable to attend the February City Council meeting, but the way the motion was worded on the agenda and the City Council’s decision did not make sense to him. He contacted city officials and was advised to talk to an attorney. He said he he doesn’t want to have to get lawyers involved, just a fair chance for their request to rezone 2119 and 2113 Main Street light industrial so they can sell the property. He pointed out there area already a number of industries already near both addresses as well as appropriate zoning to go with it. He said having a light industrial zoning would not prohibit a home to be placed on either property, but not zoning it light industrial would prohibit growth, the ability to sell it and for it to be developed.

Wayne Cooper, the Sulphur Springs resident and other half of C&C Guardian, said over the years, there have been a few voice opposition to growth and development and revitalization of other areas of Sulphur Springs, particularly those along Davis Street, South Broadway Street and Gilmer Street. The City Council approved those, which allowed the city to grow and thrive with business around homes in those areas. Often, those same people who complain about the zoning, are the same ones who sell to higher paying buyers.

Place 1 City Councilman Jay Julian noted that the purpose of the zoning ordinances is first and foremost to protect residential rights while providing opportunities for growth. The zoning is consistent with the land use plan. Changing the zoning from light commercial (which allows for the counseling office) to light industrial is a big jump which skips the heavy commercial zoning altogether. The Planning & Zoning Commissioners at their January meeting unanimously declared a recommendation to not approve the request based on current use. Julian said his opinion is that keeping the current zoning would better protect the single family residences and remain consistent with the land use plan.

Place 5 City Councilman Gary Spraggins argued that not approving a zoning change would kill city growth. The area surrounding 2119 and 2113 Main Street is more light industrial than anything.

It was pointed out by city officials that the train which passes along the track regularly is as industrial it gets, but they chose to locate their homes alongside it.

While there are a few citizens in opposition to the zoning proposal, Spraggins pointed out that not approving it would mean not fairly serving the other 15,000-plus residents who reside and work in the city. Industries which are being recruited to locate at the addresses would provide jobs and generate more money for the city. A vote in opposition to a light industrial zoning for the two Main Street properties would be at the expense of all the other people in the city, the councilman argued. When letters were sent out to notify nearby property owners, the city only received three back in opposition.

Tanton pointed out that she and others at the January Planning and Zoning Commission meeting indicated they did submit letters in opposition to the zoning change. Some were handed in instead of mailed back to the City. When enquiries were made about the matter, the residents were told the city would look into it. They may have been misplaced in the shuffle while a city employee was out on maternity leave.

The zoning on which the residences are located between light industrial and heavy industrial and light commercial and light industrial is a quandary, as none are zoned single family, Sulphur Springs Mayor Doug Moore noted.

Resident Barbara Williams said she was surprised at the decision from the February City Council meeting regarding the zoning of the property, that the elected officials went against the Planning and Zoning Commission’s recommendation. She said she spoke at both meetings. At the February meeting, she did not feel there was enough information for her to come to an informed conclusion regarding the zoning request. She said she is not opposed to city growth. In fact, she and her family love the town and want to see it grow and flourish, but believes the city needs to be careful how that is done. She too is concerned about traffic and noise should the area be zoned light industrial, with industrial development. She said currently, when the wind blows leaves blow across onto their property, but the trees serve as a buffer. She pondered what would blow over if an industry were placed on the two properties.

Cooper said the Planning and Zoning Commission’s recommendation to deny the zoning change was not because the board is in opposition to change, but because they felt more information was needed as to what that change would entail, what would go into the location.

EDC Executive Director Roger Feagley said while he could not at this time divulge any names, the two companies the EDC is in talks with to develop industry on the property would even with development give plenty of room between the homes and the businesses. Currently, the proposals would provide jobs for 2530 individuals each who would work hours from about 7 a.m. to 5 p.m.

Maxwell said making a zoning decision based on what business would be purchasing and developing the property would be entirely inappropriate.

Spraggins made a motion to approve the requested zone change to light industrial for 2119 and 2113 Main Street, and Place 4 Councilman Tommy Harrison seconded the motion. Mayor Moore called for each of the six City Councilmen present to individual state their vote. Julian voted in opposition of the change. Place 2 City Councilman Harold Nash abstained from voting, noting he is divided regarding the matter and can see merit for both arguments. Aguilar, Moore Harrison and Spraggins all voted in favor of the zoning change.

City Manager Maxwell noted that because the motion did not receive a “super majority” of votes, the motion was defeated It will not be presented again next month for second reading because it did indeed fail.