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HomeMy WebLinkAbout03-17-929070 ZONING March 17, 1992 Minutes of the regular meeting of the Pulaski Town Council held March 17, 1992, at 7:00 p.m. in the Council Chambers in the Municipal Building. There were present: Vice Mayor Andrew L. Graham, presiding Council Members: Charles D. Crispin, J. R. Schrader, Jr., James M. Neblett, W. H. Schrader, Jr., Alma H. Holston, Robert N. Glenn Also Present: Frank Terwilliger, Town Attorney Don E. Holycross, Town Manager Robert J. Lyons, Asst. to the Town Manager Ruth A. Harrell, Clerk Visitors: Dee Lindsey and Paul Dellinger, News Media Mr. and Mrs. Claud Kirkland Mr. and Mrs. J. C. Montgomery Mr. and Mrs. J. B. Warner Roy D'Ardenne Joe Weddle Henderson Randolph E. Ray Lemon Polly Mitchell Ken McCrary 2 area citizens The meeting was called to order by Vice Mayor Graham. Councilman Glenn led the Pledge of Allegiance with the Invocation being given by Councilman Neblett. Following the roll call, Councilwoman Holston so moved that the minutes of the regular meeting of March 3, 1992, be approved as submitted, seconded by Councilman Neblett and carried. The Planning Commission Report was given by Councilman W. H. Schrader. Councilman Schrader reported that the request of E. Ray Lemon, 1730 Lee Highway, to rezone his property from R-2 (Residential) to B-2 (General Business} was considered. A joint public hearing was held on February 18. The Planning Commission recommended to the Council, and Councilman Schrader so moved, that this parcel be rezoned to R-0 (Residential-Office). Motion was seconded by Councilman Crispin. Mr. Lemon stated that in September, it was recommended his property be B-2, but it did not include the entire strip of property. He stated there was a bowling alley, apartment house, HUD housing, swimming pool, and YMCA which can be seen from his property. He is not surrounded by residential. Motion then carried on the following recorded vote: March 17, 1992 9071 Charles D. Crispin - Aye Andrew L. Graham - Aye J. R. Schrader, Jr. - No W. H. Schrader, Jr. - Aye Mary Lou Copenhaver - Absent Alma H. Holston - Aye James M. Neblett - Aye Robert N. Glenn - No Councilman J. R. Schrader so moved that reading of Ordinance No. 92-1 rezoning the Lemon's property be waived, seconded by Councilman Neblett and carried. Councilman W. H. Schrader made a motion that Ordinance No. 92-1 rezoning E. Ray Lemon's property, 1730 Lee Highway (Tax Map No. 072- 140-0000-047B), located at the corner of Lee Highway and Oakhurst Avenue in the Town of Pulaski, from R-2 (Residential) to R-0 (Residential- Office) be adopted, seconded by Councilman Crispin and carried on the following recorded vote: ORDINANCE ADOPTED Charles D. Crispin - Aye Andrew L. Graham - Aye J. R. Schrader, Jr. - No W. H. Schrader, Jr. - Aye Mary Lou Copenhaver - Absent Alma H. Holston - Aye James M. Neblett - Aye Robert N. Glenn - No ZONING Councilman W. H. Schrader advised that the Planning Commission and AMEND.Town Council conducted a joint public hearing on February 18 for the purpose of considering two possible amendments to Article 5 of the Zoning Code. Article 5 establishes policies and procedures related to non-conforming uses. A "non-conforming use" of a property is a use that, prior to the adoption of the current zoning regulations for the zoning district in which the use is located, was in compliance with the Zoning Code. However, with the adoption of the new regulations, the use no longer "conforms" to the regulations for the zoning district. Therefore, it is described as a "non-conforming" use. As a general rule, a non-conforming use can continue indefinitely so long as the use is not enlarged, extended, reconstructed, or structurally altered. However, if the non-conforming use is discontinued for a significant period of time, there are restrictions on whether the use can be reestablished. The first amendment that the Council and Planning Commission considered would change Article 5, Section 2 (Change of Nonconforming Use} of the Zoning Code to allow a non-conforming mobile home, which is removed from a property, to be replaced by another mobile home so long as the replacement occurs within two years of the removal of the first mobile home. The current language in that section of the Zoning Code would only allow the replacement if it occurred within sixty days of the initial removal. The second amendment that the Council and Planning Commission considered would change Article 5, Section 5 (Discontinuance of Nonconforming Use) to provide that, in any zoning district, if a non- conforming use is discontinued for a continuous period of two years, then any future use of the property must conform to the regulations of that zoning district. Currently, that two-year regulation only applies to the residential zoning district. 9072 March 17, 1992 Councilwoman Holston so moved that reading of Ordinance No. 92-2, amending the zoning ordinance be waived, seconded by Councilman Neblett and carried. Councilwoman Holston made a motion that Ordinance No. 92-2 Amending Article 5 Section 2 (Change of a Nonconforming Use) of the Town of Pulaski, Virginia Zoning Ordinance be adopted, seconded by Councilman Neblett and carried on the following recorded vote: ORDINANCE ADOPTED Charles D. Crispin - Aye Andrew L. Graham - Aye J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Aye Mary Lou Copenhaver - Absent Alma H. Holston - Aye James M. Neblett - Aye Robert N. Glenn - Aye Councilman Glenn felt it should be stressed that overall this ordinance is bringing the non-conforming status up to a standard of two years, more so than simply looking at a particular case. PLANNING COMM. Councilman Schrader stated that the Planning Commission was zoning reviewing two completed applications for zoning amendments. R&R Company is requesting conditional zoning for 65 and 73 4th Street, N.W. from R-0 (Residential Office) to B-2 (General Business) Conditional. They would like the use of the rear portion of the lots for rental parking lot. Also, Mike and Carl Cox, Pine Hill Trailer Park, have made an application for a conditional use permit to expand their trailer park which is located on Bentley Hollow Drive. The Planning Commission has scheduled public hearings to consider these two requests for its meeting of April 13, 1992. No action from Town Council is needed at this time. BLDG. & GROUNDSFrom the public, Mr. Claud Kirkland addressed Council regarding the hiring of a consultant in the removal of the nine gas tanks at the bus/cab station which the Town owns. Mr. Holycross reported that the hiring of the consultant was necessary due to the contamination of the surrounding soil which necessitated the drilling of monitoring wells and the required State Water Control Board Site Characterization Report Checklist which the Town does not have the expertise to prepare. A detailed report and copy of the checklist on this project has been distributed to Town Council and a copy will be made available to Mr. Kirkland. Vice Mayor Graham called for Council Committee Reports. PUBLIC OPERATIONS COMMITTEE Chairman J. R. Schrader had no report. PUBLIC & PERSONNEL RELATIONS Chairwoman Copenhaver absent. UTILITIES COMMITTEE Chairman Graham had no report. March 17, 1992 9073 FINANCE COMMITTEE BUSINESS Chairman W. H. Schrader advised that the Finance Committee had met LIC March 10, 1992, and the Town Manager presented a review of a proposed TAX revised Business License schedule. The existing business license schedule is difficult to administer and interpret because the categories are not well defined. This schedule was adopted in 1964. The proposed business license schedule establishes six broad categories: 1) Contracting, 2) Retail Sales, 3) Financial-Real Estate-Professional, 4) Repair-Personal and Business Services-Others not specifically listed or excepted, 5) Wholesale Merchants and 6) Public Service Companies. Each broad category defines the category or provides examples of businesses in the category. In addition, the Town Manager identified the maximum rate for each category allowed by State Code and provided a comparative analysis of business license fees charged by Blacksburg, Radford, Wytheville, Vinton and Dublin. The Finance Committee discussed the proposed business license schedule and asked the Manager to develop a reasonable schedule for consideration and adoption of the revisions. REASSESSMEN~hairman Schrader stated the Finance Committee also discussed the reassessment and the committee was presented with a preliminary comparison of land and improvement values resulting from the recent assessment. According to the Commissioner of Revenue, the preliminary Fair Market Value for the Town in 1992 is $218,712,500. The Town Manager noted that the preliminary Fair Market Value may be readjusted by the Board of Equalization. The Town levies its taxes against the Tax Value, which is the Fair Market Value less land use exceptions and elderly tax relief. The Town's current tax rate is $0.34 per $100 assessed value. The Code of Virginia requires that the Town conduct a public hearing when the current tax rate applied to the reassessed tax value results in more than a one-percent increase. If the town applied the current tax rate of $0.34 to the preliminary tax value of $213,244,688, the tax payable is $725,032. The result is a $69,703 increase over 1991 tax payable of $655,329 (10.6 percent increase). The rollback tax rate is $0.31. It is defined as the tax rate, which when applied to the reassessed value yields the same amount of tax revenue as the previous year. Chairman Schrader advised that the committee discussed amending the tax year from a calendar year basis (January 1 - December 31) to a fiscal year basis (July 1 - June 30j to coincide with the Town's budget. If the tax year was amended, it would allow the administration and Town Council to review the tax rate during its budget deliberations. The Finance Committee recommended, and Chairman Schrader so moved, that the Town Manager advertise the public hearing regarding the real estate/property tax rate of $0.34 per $100 assessed valuation, for March 31, 1992, 7:00 p.m. as required by the Code of Virginia. Motion seconded by Councilman Neblett and carried on the following recorded vote: 9074 March 17, 1992 PUBLIC HEARING TAXES Charles D. Crispin - Aye Andrew L. Graham - Aye J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Aye Mary Lou Copenhaver - Absent Alma H. Holston - Aye James M. Neblett - Aye Robert N. Glenn - Aye ORDINANCE COMMITTEE Chairwoman Holston had no report, however, she stated that we need to look at the different bills that have passed in the General Assembly and how they affect the Town and our ordinances. Mr. Terwilliger will conduct a work session with Council in May after the bills have been received in their final form. Most of these bills will be effective July 1. TOWN ATTORNEY'S REPORT Mr. Terwilliger had no report. TOWN MANAGER'S REPORT WATERLINE Mr. Holycross reported that we are currently advertising for bids to replace the substandard water line on 15th Street, NW. Numerous complaints have been received regarding the low water pressure in this area and the low pressure is directly related to the substandard, 2-inch galvanized water line that currently exists. We identified this replacement as a high priority water system improvement project and the Council appropriated $40,000 for the project. Bids will be opened on March 27. Mr. Holycross stated the County of Pulaski has received approval from the Farmers' Home Administration for funding for the construction of a water line extension to serve approximately 60 residences in the Brookmont area. The Town Council has previously indicated that the Town would be willing to supply the water to serve the area. The estimated usage would be approximately 10,000 gallons per day. Councilwoman Holston so moved that reading of Resolution No.92-4 authorizing the Town Manager to execute an agreement with the County of Pulaski to provide water to the Brookmont area of Pulaski County be waived, seconded by Councilman Neblett so carried. Councilwoman Holston made a motion that Resolution No. 92-4 be adopted, seconded by Councilman Neblett and carried on the following recorded vote: RESOLUTION Charles D. Crispin - Aye Andrew L. Graham - Aye _WATER J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Aye BROOKMONT Mary Lou Copenhaver - Absent Alma H. Holston - Aye James M. Neblett - Aye Robert N. Glenn - Aye Mr. Holycross advised that the Virginia Department of HIGHWAY Transportation will hold its public hearing on March 24 for interstate, PROJECTS primary, and urban projects within the Salem District. The Pulaski County Board of Supervisors has recommended that the four laning of Route 100 across Cloyd's Mountain; four laning of Route 11 between March 17, 1992 9075 Dublin and Morgan's Cut; and planning for a New River crossing the Parrott vicinity of Pulaski County to the Whitethorn vicinity of Montgomery County, along with a road connecting Blacksburg through Dublin to Interstate 81 and the bulk of southwest Virginia be presented at the public hearing. It is expected that the County, Town and Chamber of Commerce representatives will attend the hearing. Mr. Holycross stated that our first meeting in May, May 5, is Election Day. Councilman Neblett so moved that the May 5th meeting be changed to May 6 at 4:00 p.m. seconded by Councilman W. H. Schrader and carried on the following recorded vote: Charles D. Crispin - Aye Andrew L. Graham - Aye J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Aye Mary Lou Copenhaver - Absent Alma H. Holston - Aye James M. Neblett - Aye Robert N. Glenn - Aye Mr. Holycross stated that we will probably have Student Government Day at this meeting. As an executive session was requested by Mr. Holycross on a legal matter, Councilman Neblett so moved that Council go into executive session under 2.1-344, A7, legal matter, seconded by Councilman Crispin and carried on the following recorded vote: Charles D. Crispin - Aye Andrew L. Graham - Aye J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Aye Mary Lou Copenhaver - Absent Alma H. Holston - Aye James M. Neblett - Aye Robert N. Glenn - Aye At 7:46 p.m. Council went into Executive Session. At 8:05 p.m. Council returned to regular session and waived reading of the certification resolution on motion made by Councilman J. R. Schrader, seconded by Councilman Neblett and carried. Councilman Neblett made a motion that certification resolution be adopted, seconded by Councilman J. R. Schrader and carried on the following recorded vote: Charles D. Crispin - Aye Andrew L. Graham - Aye J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Aye Mary Lou Copenhaver - Absent Alma H. Holston - Aye James M. Neblett - Aye Robert N. Glenn - Aye At 8:07 p.m. Councilman Neblett made a motion that Council adjourn, seconded by Councilwoman Holston and carried. APPROVED: Vice Mayor Attest: ~~~. ~~ Clerk of Council