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HomeMy WebLinkAbout05-22-62526 Minutes of. a public hearing held by the Pulaski Town Council, at l~:C!0 P. M., on the 22nd day of May, 1962, convened in the in the Municipal Office, and later adjourned to the Appalachian Power Company auditorium. There were present: Mayor C. V.~ Councilmen: F. L. Carrico, ?d. S. Claude B. ('=allimore, Glen K. Aust, Eugene Billy B. Flint rackson, presiding. Cummings, John W. T1ash, T. J. McCarthy, L. Nuckols Also present: Town Manager: T. B. Noland Clerk: Gladys R. Dalton Town Attorney: Garnett S. Moore Visitors: P~fidge Woodard, reporter for Southwest Times John Columbus, jrTPUV Mr. A. M. Harman, Jr. 4tt.y. for Jefferson Mills Mr. Farl Hi11, Mgr. Jefferson Mills Mr. J. Livingston Dillow & Mrs. Chas. B. Andrews, Attorneys for approximately seventy-five (75) citizens who oppose the rezoning The meeting was opened with a prayer b,y Councilman Flint. Ma yor Jack_sor. stated the purpose of the hearing was to PUBLIC HEARING TO HEAR THOSE IN FAVOR OR OPPOSED TO REZONING OF BLOCK 121 hear parties who were opposed to, or in favor of the rezoning of Block 121 as shoum on the Official Map of the Town of Pulaski, as had been ^etitioned by Jefferson Ntills. Further, that because of the small space in the Town Office building, arrangements had been made to hold the hearing in the auditorium of the Appalachian Power Company. ?^'hereupon, Councilman Nuckols moved that Council temporarily adjourn the hearing to reconvene in the Appalachian Power audidorium. This motion was seconded by Councilman Cummings, and carried unanimously, whereupon, the group Quickly moved to the APCo. auditorium. U~:on reconvening, Mr. Dilloy* stated that the Totrn Planning ATTYDILLONTENDS PUBLICA ON OF NOTICE IN ERROR Commission had not complied with State Code Section 15-82_?_ in advertising for their hea.rinS on the rezoning of Block 12.1, as shown on the Official Map of the Town of T'ulaski_, Virginia, in that prior notice published five days in an official newspaper of such hearing had not been done by the Planning Commission, and that said notice of the April ~Ot.h hearing having only been published on April 19th and 29th, and for this reason he felt Council could not properly hold its meeting as scheduled. 6 ~ (~1~`j Council mins. contd. I~?ay 2.2, 1.962, It P. M. ~ ~.( Town P.ttorney Moore stated that the Planning Commission had proceeded under Section 22_ of the 7.oning Ordinance which -provides' that reasonable notice be given of its oublic hear~.ng before making its recommendation to the Council. Mr. Di.1.l~w further obiected, stating the Code Section called. for five times and not five days. ' 1`-~r. Harman, Attorney for Jefferson M~.lls, stated he felt that f.1.ve days notice before the hearing is all that is rewired, but! that the notice in question had been published eleven days prior to said hearing, more than that required by the Code. Mayor Jackson stated Council tiaould proceed with the hearirt~ and asked that those who were represented by an Attorney, let their Attorney speak for them, and those not represented by counsel, to PUBLIC HEARING Please address the chair and state their name clearly, for thn record, t CONTINUED It was brought out that M:r. Dillow represented about seventy-five (7~) property ot~m ers in the area to be rezoned, and would later furni~h their names. Mr. Harman, as Attorney for Jefferson Mills, stated it was'; their renuest that the petition for rezoning o.f >=dock 121, as shown on the Official NTap of the Town of Pulaski, be accomplished and that the area involved be rezoned from residential to industrial classifi-f cation. I~Tr. Harman introduced Mr. Earl Hill, Manager of Jeffersona j P~?i1.ls, who gave the history of the operations in Pulaski of Jefferson Mills since 1957 in detail, stressing the need for the proposed expansion at this time. Mr. L. ?i. Meacham, Architect, from Charlotte, North Caroling, was introduced, a.nd ad~riced that the present requirements of the Jefferson Mills was an additional. ~O,000 sq, ft, of floor space and presented sketches of three prospective sites. However, he pointed that number one, which is the area of R1.ock hl, was the most desirabb_e and feasible because of the location and costs involved. This was folh_oti~*- ed by Mr. Hill's presenting add; t,i.onal stat,ist~.cal figures of the gro~~rth of the Jefferson Mills and its present need for expansion at the Pulaski Plant. r c~~2~ Council rains. contd. May ?_?, 1962, L~ P, M, Mr. Dillow filed as Exhibit A the original petition signed by approximately 75 property owners who oppose the rezoning of the area in question. Mr. Carl E. hcAlew, 612 Henry Avenue, stated he was representing the estate which is the owner of a store building at the corner of Second Street and Valley Street, which is at present unrented, but that income was being received from the rental of the apartments above this store building, and if this area. is rezoned, felt that he would not be able to rent the apartments. Therefore, he opposed the rezoning of Block 121. A photograph showing the rear of Mr. McNew's building including PUBLIC HEARING CONTINUED ON RE- ZONING OF BLOCK 121 the apartments above, was filed as Exhibit B. MLr. James E. ~uesenberry, 208 ?_d Street, S, W. stated he purchased his residence in 1950, and felt the rezoning of the area in auestion would substantially reduce the value of his property. Mr. Carl A, Smith, 1515 Prospect Avenue, stated he and hi_s mother-in-law, Mrs. J. H. Greg cry, owned residential property in this area as an investment at this time, and later the property would become her home, and both felt $t would decrease the value of their property if the block was .rezoned. Mr. Hampton t•Jeddle, owner of residential property at 152 Maple Street, stated he felt the rezoning of this area would abversely affect the rental of his property. Others who appeared and identified themselves as being opposed to the rezoning aP B1 ock 121, were: Mrs. J. H. Gregory, 1515 Prospect Avenue Mars. Luther Ownes, 111 Lagrange St. Mrs. Tommy Caviness, 111 Lagrange St. P!?rs. Raymond E. Sheets, 37.5 - 2d St. S. W. Miss Delrhey Fitzgerald, 335 2d St, S. Ui. Mrs. F. K. ?~lill.iams, co-owner of the McNew property Mrs. Cora Z~leddle, 515 Lake Street Mrs. James F. G?uesenberry, 208 2d S. W, T~"r and Nixs. Geo. Sands, 336 3d S. t~?. Mr, L. J. Morehead, 137 Lagrange St. Mr. & Mrs. Kenneth Manuel, ?_16 Lagrange St., S. ?^'. Mrs. Clarence D. Shufflebarger, 316 Lake St. Mr. Andrew J. Keatl;y, 135 Lake St, 1 1 Council minx. contd. t) M~ y 22, 1962, )a P. M. STATEMENT BY MR. DILhO`~r': These property owners either acquired their property when their property was not zoned at all., or substantially acquired i their nropert~r when it was zoned for residential purposes, and they have vested property rights. And further object to the use of Site ~1 by the Jefferson Mills. BY MR. HARP4AN In Mr. Harman's rebuttal, letter from Mr. Frank, PrPSident of Kahn g. Feldman, Inc., owners of Jefferson Mills, dated Ma.y 7, 1962, was read, in which letter it was stated that if the area could not be rezoned for the expansion of Jefferson Mills it PUBLIC HEARING was possible they would have to look to another totim for such CONTINUED ON RE- ~' expansion in their operations. ZONING OF BLOCK BY MR. DILLO~^:: 121 ~ - Are you gentlemen contendiae that the Town Council has th~ right to give an answer to this matter today? BY N1R. HARMAN : ' I believe the Tom Planning Commission will make their recommendation to the Council and then Council will hold a meeting and give their answer. t BY MR. MOOR' The procedure as outlined ;~n the 7,oning ~?rdinance is being folloTr*ed. Council referred the rr~a.tter of the petition of Jefferson i~iills for the rezoning of Block 121 to the Planning Commiss~.on' i the Planning Commission he1.d their public hearing on April 30th, after i having advertised notice of said hearing in the newspaper on April i 19t'n and 29th; Town Council then advert._sed in the newspaper notice j of their public hearing for May 22nd, which is today, after which the Planning Commission will make their recommendation to the Council and then Council will nold a public hearing and give their answer on th? matter. BY Nl't. DILI:Ot^J: Has any report, been fit.°d h-r the nla.nnin~ Commission? X30 Council minx, contd. May 22, 1962, 1~ P. M. BY MR. MOORF Only a. statement to the effect that not enough information was submitted at the hearing, and that Planning Commission wou7.d be glad to attend the public hearing held by the Council and then make a recommendation to the Council. STIPUhATTOM - BY MR. DII~~OTti': Let the record show the report of the Planning = Commission to the Council; that the property owners a.re entitled to see such a report of the recommendation by the Planning Commission; that when such report is made and should such report be adverse to those opposing the rezoning, the property owners would be entitled to a hearing before the Council. ~'r. Meore assured Pic. Di7.low that he would be given a copy of the report of the Planning Commission. ~?r. Harman asked for a decision as quickly as possible PUBLIC HEARING inasmuch as some of the options on land in this area. held by CONTINUED !E Jefferson I~^~.17 s would exni.re at rrri_d-night on May 28th. RE-ZONING OF ''ayor Jackson ad;;eurned the public herring at BLOCK 121 6:20 P. ?~. At 6:25 ?'. r;. t~rith Council st-~17 _n session, following the public hearing on the rezoning of Block 121, Council received a recommendation of the Planning Commission, as follows: _4t a meeting held at 6:15 P. M. on the 22nd day of r~iatr, 196?, subseouent to a :public hearing held by tY~e council. of the Toy*n of Pulaski, Virginia, PUBLIC HEARING pursuant to due notice, the ?'fanning Commission by a ADJOURNED & PLANNING unanimous recorded vote recommends to the Council of COMM. PRESENT REPORT the To~san of_ Pulaski, Virginia, that, Block 121 as shown TO COUNCIL IN REG. SES. on the Official Map of the Town of Pulaski, Vi_rgi pia, be rezoned from i.ts present classification of residential to industrial classification. A11 members of the Planning Commission were present and voted in the affirmative with the exception of Mr. Philip Ni. ~ adler, who disqualified himself from the discussion and voting due to his relation- ship with Mr. A. M. Harman, Jr., Counsel for the parties in interest. /s/ T. B. Noland, Secretary Town Planning Commission Council further set 10:OO A. i~l. on the 28th day of COUNCIL TO HEAR May, 196?., in the Counci_3. Chambers in th.e Town Office building, FURTHER EVIDENCE IN REZONING OF in Pulaski, Virginia, as the time and place where Council will BLOCK 121 MAY 28TH convene to hear any further evidence by any party .n interest upon the matter of rezoning Block 12.1, and particularly upon the report of the Planning Commission filed this date. The f CouncS_1. mins. contd. ?~%sy 22, 1.962, l~ °. M. Clerk was directed to n.renare sufficient copieG of thF~ "lannin~ Commission's recommendation and together with a copy of the notice of Council's hearing on the 2Fth, deh.ver same to the parties in interest, or so many of them as iti practical and further,' to deliver a copy thereof to Counsels for the parties in interest, and to forward to the Southwest Times notice of said hearing, to be published in said newspaper on Friday, May 2Kth and Sunday, May 27th. G The meetir~ adjourned at 6:)1r~ n, M, Approved: i .~ayor E? ttest _ ,/ .~~ C erk "'"" 1