Dateline: November 20, 2003

City does about face on zoning action

By Roger Estlack, Clarendon Enterprise

The Clarendon Board of Aldermen rescinded its previous action on a zoning issue last Tuesday after receiving legal advice.

The reversal follows a 2-1 vote at the October 28 meeting to allow Sue Leeper to build an assisted living center in the R1 residential zone, which primarily restricts buildings in that area to single-family houses, two-family houses, duplexes, apartment houses, and multiple-family dwellings.

City Attorney James Shelton advised the board that it could not grant a “use variance” – allow property in a zone to be used for something other than what the zone intended.

“There is no provision to allow a use variance,” Shelton said. “I think the council needs to take action tonight to deny the permit because we just can’t do it.”

The city attorney said if the city wants to allow the assisted living center in that location, it would need to follow the proper due process and amend the zoning ordinance to define an assisted living center as being acceptable in the R1 zone.

Officials briefly debated whether the October 28 action was “illegal” or “improper” before Alderman Bobbie Kidd moved, seconded by Mark White, to deny Leeper’s request because “proper procedures were not followed.” The motion carried, 3-1-1, with Aldermen Janice Knorpp, White, and Kidd in favor; Alderman Tommy Hill opposed; and Alderman Michael Tibbets abstaining.

Later, the board took up the issue of amending Ordinance 207, which is the city’s zoning ordinance.

“It is my considered opinion that we need to encourage people to invest in Clarendon rather than discourage them,” said Alderman Tibbets, who also pointed out that the city has not been applying the zoning rules consistently.

The board unanimously approved a motion by Tibbets, seconded by Hill, to begin the legal process to amend Ordinance 207 to allow assisted living facilities in zones R1 and R2 and throughout the city.

In other city business, Walt Knorpp addressed the board concerning one block of Fifth Street in front of his home. The area is part of a four-block stretch of brick paving extending from Parks to Allen streets that was once known as “the Boulevard” for its tree-lined median.

Mr. Knorpp requested that the property owners on Fifth Street between Ellerbe and Koogle be allowed to restore their section of the Boulevard at their own cost. Once restored, the property owners would be responsible for maintaining flowers, trees, or grass planted in the median.

He said he believed his neighbors would be willing to help with the project, but he wanted the city’s permission before going further with the idea. He also said he thought it might inspire property owners on the two blocks between Ellerbe and Parks to do the same type of project. (The fourth block of the old Boulevard between Koogle and Allen is now a state Farm Road.)

Alderman Tibbets said Mr. Knorpp should be applauded for his idea and moved to allow his request. The motion was approved 4-0-1 with Alderman Knorpp abstaining.

The board also considered a request from Morris Crump to close McLean and Collinson Streets between Eighth and Ninth streets. The board decided no action was necessary in this case since Crump owns the property on both sides of the streets in question.

Those streets have never been opened, but the city retains a right to put a street there in the future if necessary.

David Pitts addressed the board on behalf of the Clarendon Volunteer Fire Department and raised concerns that there would be inadequate water volume to fight a fire at the new motel or the college because the lines are not looped in those locations. Alderman Kidd said he thinks the lines are already looped near the motel. The city administrator and the city engineer will look into this.

The street paving proposals presented by Steve Smith and Darrell Leffew were discussed, and the board decided to take no action.

“We’re a year away from doing anything on this,” said Mayor Tex Selvidge, speaking to the fact that it will take the city at least that long to build up enough money from recent fee increases to be able to take on a project of any kind.

Ordinance 348 was adopted on its second reading, creating a reinvestment zone for the property at US 287 and SH 70 North where the new motel is located. The ordinance cleared the way for the board’s approval of a property tax abatement for the motel with the terms of 100 percent abatement for five years, and 50 percent abatement for three years.

The board approved a resolution allowing the city to participate in the Panhandle Regional Planning Commission’s FY03 Regional Hazard Mitigation Planning Project.

Bids for the sale of surplus city equipment were opened and approved.

City Administrator Sean Pate gave a report on the progress of the NRCS project, and he also reported that Librarian Jerri Shields has received her certification.