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Zoning change OK’d after debate

After the city attorney made a revision to a proposed ordinance amendment in the middle of the discussion, the Vandalia City Council approved that amendment that accommodates a new business on the city’s north side.
That amendment was approved over the objection of one alderman who said that he believed the city had a better option available for this situation.
The ordinance amendment allows for the sale of golf carts, compact and utility tractors and attachments, and small skid loaders in areas zoned as general commercial.
Prior to the passage of the zoning change, City Attorney Jack Johnston drafted a revision of the amendment that allows for the sale of those items as permitted uses on property zoned general commercial.
The zoning change was made after Will Baldock encountered problems with the operation of his new business at the northeast corner of Fourth and Orchard streets, on property that formerly housed a Star service station.
Baldock was granted property tax reimbursements through the city’s Tax Increment Financing program in March, after telling the city’s TIF committee of his plans to sell tractors at that location.
He was then told by the city’s code official, Keith Meadows, that city ordinance does not allow for the sale of large tractors at that location.
Baldock went before the council in April about the situation, telling aldermen that he had explained his plans “at least five different times.”
At that April meeting, the city’s executive secretary, LaTisha Paslay, said that she had told Baldock he could sell mowers and compact tractors.
At a May council meeting, Mayor Rick Gottman told Baldock that the city would try to come up with a plan to allow him to continue operating his business at that location.
As the ordinance amendment came up for a vote on Monday, Alderman Terry Beesley said he believes that the city would be better off issuing a special use permit to Baldock instead of changing the ordinance on general commercial zoning.
“I don’t like changing the ordinance for everybody” because of one person’s request, Beesley said.
Changing the zoning ordinance, he contended, would allow for the sale of larger tractors on all property that has a general commercial designation.
That could potentially result in lower property values for nearby commercial businesses and residences “dramatically,” Beesley said.
“You may have a spot that will look like the Ramsey Sale, and there’s nothing we can do about it,” Beesley said.
“Will keeps a nice place up there at that corner. I have no problem with that,” Beesley said. “Others may not.”
The ordinance amendment allows for the sale of tractors having engines with up to 80 horsepower. Beesley asked Baldock how he came up with that number, and Baldock said that was a limit “that was recommended to me” by individuals representing the city.
While some newer compact tractors have 80-horsepower engines, there are also some larger tractors with that size of engine, Beesley explained, showing photos of some tractors to explain that point.
Beesley emphasized that he was not opposed to Baldock’s plans; rather, he said, he wanted to prevent problems that would occur as a result of a zoning change.
“I would much rather see Will get a special use permit,” Beesley said. “Then, we’re not changing the ordinance for everybody.
With a special use permit, he said, “We still maintain control over the other places and we don’t end up with a Ramsey Sale 365 days a year sitting on a corner next to someone’s house.
“I just think that, as aldermen, it would be foolish to do that (zoning change) at this point,” Beesley said.
Johnston began drafting a revised ordinance amendment after Beesley pointed out that the proposed amendment covered “automotive dealers and gasoline service stations”
“He has neither,” Beesley said.
He also said that making such changes to the city’s zoning ordinances “also makes code enforcement much more difficult.”
With such changes, Beesley said, the city’s code official is required to check code regulations both locally and nationally, “and there’s no easy way to do that.”
Alderman Andy Lester said he also was “a little leary about tinkering with” zoning ordinances.
Several aldermen said they opposed Beesley’s recommendation because it would further delay Baldock’s plans by a couple more months, as the request for a special use permit goes to the planning commission for review, then back to the council for final action.
“It’s a long, drawn-out process,” Gottman said.
Alderwoman Angie Rhodes said, “I definitely don’t think we need to wait another two months.”
Beesley said that there’s “a right way to do things and a wrong way to do things. There’s an easy way to do things and a hard way.
“We would love for everything to be the easy way, but I would hate to sacrifice the city to benefit one person,” he said.
As Beesley continued to talk about the potential for substandard tractors at some locations as a result of this zoning change, Alderman Jerry Swarm asked, “Wouldn’t nuisance ordinances address that?”
Johnston said, “There are general nuisance ordinances.”
Beesley and Lester voted against the ordinance amendment, with Lester saying that he did so “only because I think it could have been done as a special use permit.”
As the council approved the ordinance amendment, Baldock thanked city officials for accommodating him, saying, “I’m just here to make everybody money.”
His business provides jobs and sales at his business, Baldock said, result in more sales tax money for the city.
He closed by saying that he does not want to cause any problems for the city.
“If there’s something they don’t like, just say something,” Baldock said.
 

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