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HomeMy WebLinkAbout05-28-62t~~f~ ?'•Tinutes of the -~ubl.ic heari_n~; held by try "ulaski Town Council, at 10:00 A. r~1. on the 28th day of May, 1.962, in the Council Chambers in the Municipal Building. There were present: i~iayor C. V. Jackson, presiding. Councilmen: Billy B. Flint,?^'. S. Cummings, John ?•'. clash, Glen K. Aust, Claude B. Gallimore, rugene L.Nuckols, T. J. r~icCarthy, F. L. Carrico Also present Town Manager: T. B. Noland Clerk: Gladys R. Dalton Town .Attorney: Garnett S. Moore Visitors: Mr. A, r~~, Harman, Jr., attorney for Jefferson r~,ill s John Columbus, ~rJPUV rli.dge Woodard, Southwest Times reporter D. Obel Ratcliff Tom Cox The invocation was given by Councilman Aust. i~:ayor Jackson opened the hearing by stating that the special meeting of Council had been called to consider the report of the Planning Commission concerning the rezoning of a certain area at the request of Jefferson i~iills, said area being located in Block 121 of the Official. T~'ap of. the Town of nulaski, between Maple Street and Valley Street and south of Jefferson PUBLIC HEARING TO HEAR FURTHER Mills, and any one wishing to be heard at this time would be EVIDENCE ON REZONING OF given that opportunity, and that Council. would recess said meeting BLOCK 121 until Z;:00 P. M. in the afternoon for the purpose of hearing r~tr. J. L. Dillow and his clients who were unable to attend this meeting, and who are i.n opposition to said rezoning, a.s well as any other persons who wish to be heard at that time. The Secretary of the °lanning Commission, Mr. T. B. Noland, reported as folloti~Ts: At a meeting held at 6:15 ?'. M. on the ?_2nd day of May, 1962, subsequent to a public hearing held by the Council of the ToTan of Pulaski, Virginia, pursuant to due notice, the Planning Commission by a unanimous recorded vote recommends to the Council of the Town of Pulaski, ~Tirgi.nia, that Block 121 as shown on the Official Map of the Town of Pulaski, Virginia, be rezoned from its present classification o° residential to industrial classifi- cation. All .members of the Planning Commission were present and voted in the affirmative with the exception of Mr. Philip M. Sadler, who disqualified himself from the discussion and voting due to his relationship with Mr. A, ht. Harman, Jr., Counsel for the parties in interest. It was nx*zlaned that this,in~ormati.on was reported to the Town Council, while it was still in session on May 22nd, Council rains. contd. f a` C c f May 28, 1962, !t Y , M. ~ and that the Council than decided to meet at 10:00 A. P?i., on N[onday, May 28, 1962, to hear further evidence by any parties in interest upon the matter of rezonir.,~ Block 121, and that r.roper notice had been given i.n the Southwest Times, as well as notices hav;_ng been served on the persons appearing at the hearing on I~1ay 2.2nd, of Council's intention to ho1.d its public hearing on Monday, i~~ay 2_~th; that due to a conflict in the clans of P~Ir. Dillow for :attending Circuit Court in Giles County on the morning of the 2~th and it being a_mpossible for him to be r.resent, Council would hold its hearing as advertised and hear any one who wished to be heard, and then recess its hear-i_ng until i~:00 P. M. on P~~?onday, tiahen Mr Dillow could be present with his clients. Tnr. Harman stated that he of course concurred in the recommendation of the Town P7_anning Commission and that with referencle to the objection raised by P~Ir. Dillo~r at the hearing on I~iay 22nd relative to the notice given by the Dlanning Commission, he had made a study of the records and was of the opinion that the notice given by the Commission was sufficient. Mayor Jackson asked if there were any parties present who wished to be heard, and hlr. Obel Ratcliff stated that he was present as a. Real Hstate Broker, and ccu7_d not understand why all the business men of pula.ski were not *~~•esent at this hearing IJPCaUSP, of the importance of the petition to rezone as well as the importance to th.e Town to have this plant en1_arged, thereby in- creasing employment, especially in view of the recent curtailment at the General Chemical Company plant and Burlington Mills at Dublin. He stated it was his knowledge that prorer.ty in that area had been transferred from one otrner tc another at exhorbitant Writes and had records to substantiate this fact. He further stated he . felt that some of the citizens signing the petition requesting that this area. not be rezoned, were certainly not qualified t,etitioners. Mr. Ratcliff stated that it was his thinking that Council should go even further and rezone the entire block just south of Block 121., and lying between ~~534. Council mins. contd. N`ay ?_~, 1962, 10:60 A. N. Maple Street end Valley Street, from residential to industrial classification at this time. The follot~~in~; cuestions and answers followed: ~'uestions by rlr. Garnett I~toore: ~. Nir. Ratcliff, do you actually now own property in tY:is block, or near? A. The property title is in my mother's name, it belongs to me and l~3 more heirs. ~. Is that property in this block proposed to bF~ rezoned? A. Yes, i.t is one of the largest. ~. You, and none of the other heirs, have a?~y objection to this rezoning? A. No, we are actually in favor of the rezoning. At this point le~;a1. notice off' a public hearing to be held by the Town Planning Commission at 1.1:00 ;'. M. on April 30, 1962, was filed as part of the record. There appeared to be no one else present who wished to be heard. Councilman Nuckols moved that Council recess until 1x:00 P. M. PUBLIC HEARING RECESSED UNTIL which motion bras seconded by Councilman Cummings, and carried 4 P. M. WHEN ATTY. DILLG~J CAN BE unanimously. PRESEN T The hearing was recessed at 11:00 A. ;". to reconvene at Zt:00 P. P~1. on the same day and place. Approved: ~`"` ~ ayor __._ Attest: ~ ~~ -c~~~ erk ' __. ~ ~ `~ f e I Minutes of the public hear;_ng of the Town Council, havir~ been recessed at 11:00 A. M., and reconvened at ~~:00 Y. Is., on the ?_8th day of P~fay, 1962, in the Niunicipa?. Office. There were present: Niaycr C. V. Jackson, presiding. Councilmen: Billy B. glint, ?d. S. Cummings, T. J. McCarthy, Glen K. Aust, r. L. Carrico, Joh.~ '°'. Nash, ?'ugene ?.. Nuckols, Claude B. Gallimo e Also present: Town Gl.erk: ~'Tladys R. Dalton Town Attorney: Garnett S. Moore Visitors: P~?r. A. M. Harman, Jr., Attorney for Jefferson'Mills Pw~r. J. L. Dillon & Chas. A. Andrews, Attorney for Approximately 75 citizens who oppose the rezoning of B1_ock 121 Midge ?~Toodard, Southwest Times reporter .John Columbus, ?'TpUV D. Obel Ratclif.f Approximately twenty (20) citizens The invocation was given by Councilman Flint. Mayor Jackson advised that Council adjourned its public hearing on Niay 22nd and while Conti truing in special session, decided to continue i.ts hear~.ng a.nd set a call >d meeting which was properly advertised through the newspapers, for lO:OO A. Ni. on Monday, May 28th, to consider a report of the Planning Commi_~sion and also to hear any one who might want to be heard relative to the rezoning of the area. south of Jefferson Mi11s on Second Street and betttiTeen Valley Street and Man'I_e Street. The Crnancil met this morning and duel to a conflict which N1r. J. L. Dillow had, Counci 1 recessed to meet PUBLIC HEARING again this afternoon at ~:OO ?. M. Pt this time we will. be glad to RECONVENED, AT WHICH TIME ATTY, hear any one who tirishes to be heard in regard to this zoning matter. DILLOW COULD BE PRESENT If ,you are represented bTr Counsel, we would like for you to speak through your Counsel, or at his d:irect~on. If you are not representedl by Counsel and wish to be heard, Tire hope you wi17_ give your names plainly so Ure tai11 know who you are as well as for the record. ~Y A"R. DILLOtiv I am J. Livingston Dillow, Counsel for the objecting property owners in the proceedings held by the Town Council on May 2?_, 1962. ~~e have been shown a copy of the msnutes of the Town Council hearing of this morning, and ti~rant to thank ,you for postponi ng the hearing at our; request because of previous commitments in the Circuit Court of Giles! ~~536 Council rains. contd. May 28, la ?'. T~. County. I think we should, as Counsel, at this time reaffirm our our objection which we raised on P~iay 22nd, and we do reaffirm our objection at this time, that in so far as re- zoning of the territory is concerned. this meeting i.s not being conducted in accordance with Code Section 15-882, and we cTuote: "At least fifteen days' notice of the time and place of such hearing shall be published in an official paper, or a paper of general circulation, in such city or town; provided, however, that in any city of town in which each proposed change in, or amendment or supplement.to, any such regulation, restriction or boundary shall be first referred by the Council to the board of PUBLIC zoning appea'_s or planning commission for a report and recommenda- HEARING tion and in i~rhich such board or commission makes such report and CONTINUED recommendation to the Council. after a public hearing in relation thereto held by the board or Commission pursuant to prior notice published five days in an official paper, or paper of general circulation, i.n such city or town, the public hearing by the council in relation to such change, amendment or supplement may b e held after at least ten days' notice of the time and place of such hearing published in an official paper, or a paper of general circulation, in such cit~r or town." To make the matter perfectly clear, we have previously objected, and now reaffirm our objection to the hearing which was held by the °lanning Commission on April 30, 1962, which we think was held not in coxnp3iatlde with the provisions of the law, and that the meeting geld by the Council. was not in accordance with the law and therefore the meeting being held today is not in compliance with the provisions of the law. BY MR. Harman; Our position remains unchanged. It is our judgment that the Council has complied with the provisions of the Zoning Ordinance as well as t~rith the provisions in Section 1~-822 of the Code of ~rirginia, in that notice was published more than ~~3'7 f Council miss, contd. May 2~, 196?_, 1~ P, M. fifteen days prior to the Council hearing in the matter. The Planning Commission did hold a hearing and did file a rez~ort prior to the Council meeting. Tn'e believe the proceedings are regular and in accordance with the Virginia law. BY MAYOR JACKSON: Is there any additional evidence to be presented, or is there any one present who wishes to be heard, either for or against the rezoning, if so, we will be glad to hear them at this time.. BY MR. MOORF: It ,_s the Tot~,m's position that the town referred the PUBLIC petition for rezoning of Block 121 to the ~'lanning Commission. The Planning Commission ~*ave notice of its intention to hold a public HEARING hearing on April 30th and filed its rer_ort with the Council, and CpNTINUED on the day on which Council received thi:- report, Council directed that proper notice be given that Council would hold a public hearing on May 2?_, 1962, and each side was given the opportunity of present- ing evidence. Subsequent to said hearing-, Council met again and received the report and recommendation of the Planning Commissi on., Feeling there might be others who wishe~3 to be heard, and wanting to bP fair in the rezoning matter, Council set Monday, May 2~?th, at 10:00 A. M, to h?ar any additional evidence, and at the reouest of ; Mr. Dillow recessed until !!:OC P. M. to hear any other persons who wished to be heard, and Council will, after concluding this hearing, go intc formal session to consider the .recommendation of the Planning; Commission. BY 1~J~YO~t JACKSON: Are there any other persons here who wish to be heard, either for or against the rezoning matter? ~iA t~*i11 hear any one who wishes to make a statement. ~~538 Council rains, contd. May 28, 196?_, Z ??. M. BY M R. D. OBFI~ RATCI~IFF T appeared before this body earlier today and made reference to a document which had been signed by approximately eighteen (1P) heirs who own the largest tract of land in the area to be rezoned. I no~~r present this document for both sides to view, if. they so wish. STIPULATION BY N'R. DILLOGI: y~r. D. Obel Ratcliff, who just addressed Council, presented a contract of sale made and entered into the l6th day of April, 1962, which document is signed by some eighteen heirs, and which contract agrees to sell to Kahn & Feldman, Inc. owner o_f Jefferson Mills, a certain lot, or parcel of land containing 12,500 square feet for the sum of ~1?_,000.00, which appears to be PUBLIG a parcel of land fronting one hundred feet on Maple Street and ex- tending back between parallel lines one hundred twenty-fi.ve feet, HEARING known and sometimes described as all of Lot No. 6 in Block 121, and CONTINUED the western five feet of a.n eleven foot alley, a.s shown on the official map of the Town of Pulaski, Virginia. Said contract of sale states, further, it is understood and agreed that this sale shall not be final unless and until the proper authorities of the Totirn of Dulaski, Virginia, shall. rezone. this land and the land adjoining the same on the, i~orth and Z,~Test from residential to industrial. and unless and until the alley running between this property and the property to the tilrest shall have been dul._y and legally closed by the duly authorized officials or bodies having jurisdiction thereof. The Attorneys, Pair. P•loore and Mr. Harman, say they under- stand that the Council of the Town will consider all of the testimony which was heard at the meeting of. ~'iay 22nd, to which we have objected, and that all of that evidence, both in favor of or opposed, will be considered by the Council together with the evidence that has been presented here today. Is that right, ~"r. Mayor? BY MAYOR JACKSON: Yes, that is right. Council mins, contd. ~~ J~3y Maur 2.8, 1962, 1~ ?, 1`i, BY MR. DILLOW: Subject to our objection tc the e~*idence taken on May 22nd, and other evidence as heard this morning, wi1_l be considered a Hart of the record in this case. T^Je ca11 attention to the fact that when the testimony any? statement of the attorneys had been made on Maur ?_2nd, that the Mayor then and there declared that meeting to be adjourned. BY MR. MOORS The Mayor declared the pub1~_c hearing adjourned and Council agreed to continue in special session to hear the report PUBLIC of the Planning Commission. HEARING FOR THE' RECORD: CONTINUED Those identifying themselves as being in favor .rezonzrg _ oc . . Earl Hill, Rt. 7., Pulaski, Virginia D. Obel. Ratcliff, 117 - 9th St. IL~[~d, Pulaski, Va. (T am heartily in favor of rezoning the area. and closing the alley. I live exactly ten blocks from the property being considered for rezoning) Those opposed: Carl A. Smith, 151 Prospect Avenue, Pulaski, Va. Mrs. James A. Gregory, 1515 Prospect Ave., Pulaski, Va,j Carl A. McNew, 615 Henry Ave., Pulaski, Va. I~1r. and h[rs, Geo. Sands, 336 2d 5t~?, Pulaski, Va. iss. E. K. ~^3i11.iams, 3G1.~ Valley St. Pulaski, Va. P~"rs. R. F. Sheets, 315 2d SW, Pulaski, Va. rtiiss Delrhey Fitzgerald, 335 2d STr1, Pulaski., Va. Mrs. James F. Wuesenberry, 208 2d Stit~ Pulaski, Va. 1"Lrs. Luther Owens, 1.11. Lagrange St. Pulaski, Va. Mrs. I.. J. T4orehead, 1~7 Lagrange St,.Pulaski, Va. A11 of whom were present at the meeting of day 22, 1962, and so stated they opposed the rezoning at that time and still oppose the same. At Ii:3O P. P!`., Mayor Jackson stated ±he hearring. ~aa.s adjourned, and that Council would recess fora few mirnites a.nd then reconvene for further consideration of the matter of rezoning. At ~i:L~O I'. If. Council reconvened in oven session, with the same persons being present. Councilman. Flint moved that the recommendation of the Manning Commission t,o rezone Block 121 COUNCIL ACCEPTED from residential to industrial classification, hP accepted, which RECOMMENDATION OF PLANNING COMM. motion was seconded by Councilman Nuckols, and carried on the follow- & REZONED BLOCK 121 ing recorded vote: Bi11y B. FL nt -aye ~. L. Carrico -aye W. S. Cummi ngs - aye rjlen K. Aust -aye T. J. McCarthy -aye John ?~?. Na.sh -aye Eugene L.Nuckols - a.ye Claude B.Gallimore -aye X540 PUBLIC HEARING CONTINUED Council mins. contd. May 28, 1962, ~ P. M. Councilman Nuckols moved that the Town Attorney be directed to prepare the proper ordinance to carry out the direction of Council and thereby put into effect the action to rezone Block 12l from residential to industrial. classification, and return the same to Council at its next meeting. This motion was seconded by Councilman ricCarthy, and carried unanimously. BY NR. DI LI, 0`,J: I feel. we should advise you now that we take exception to the act~.on of the Council in the adoption of an ordinance to rezone Block 121 from residential to industrial classification, and we say we will file with tr~is body with~_n this present week our exceptions in wr~.ting and they will be of course the same exceptions as are covered by our objections as the matter has progressed, and to say to you and the P_ttornPy for Jefferson Dills, we will then take such formal steps as we deem necessary and proper to perfect an appeal to the Board of ?oning Appeal and to the Circuit Court of P~.zlaski County. On motion of Councilman Carrico, seconded by Councilman Cummings, and carried unan~_mously, the meeting was adjourned at Zj:50 P. M. Approved: hayor Att/~st: J erTt-~