City Council Minutes 2001 11 20 - Laserfiche WebLink

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Louisville City Council Meeting November 20, 2001 Page 9 recommendation and allowing for negotiations between the City and the property owner regarding the dedication of a conservation easement. He stated that the ordinance has been before the Planning Commission several times. The Commission had two primary concerns with the rezoning requests; that public notice be made to the property owners, and that the City was negotiating in good faith to secure the conservation easements. He stated that the Planning Commission rejected a motion to approve the rezoning at their November 13, 2001 meeting. This action was taken because the applicant was not present. Johnstone noted that the public hearings were advertised and the property owners were notified, however, the property owner chose not to attend. Johnstone stated that Staff finds the rezoning to be consistent with the City' s Comprehensive Plan as well as the terms of the Southeast Boulder County Comprehensive Development Plan IGA. Staff recommended that the Planning Commission support the rezoning. He noted that the zoning to A is more consistent with the established use of the property than the current CB zoning. The property owners have a substantial investment in the rural residential use of the property. All structures on the property are residential or agricultural in purpose, rather than commercial. However, under the existing zoning, the existing structures, as well as the use (residential) are not permitted. They are considered legally non-conforming, but cannot be modified or expanded. By changing the zoning to Agricultural, the residential use would be made legal. Johnstone reiterated that the hearings of the Planning Commission have been published and the property owners have been personally notified. City Attomey Sam Light requested that Council, by motion, formally include in the record for the rezoning hearing; the rezoning application that is on file, all the materials in the City Council packets, the minutes of Planning Commission's hearings on the proposed rezoning, the City's Zoning and Subdivision Ordinances, the Comprehensive Plan including the South Sub Area Comprehensive Plan, and Northwest Parkway Agreement, the Mizel Annexation Agreement, and any other public hearing records in the Planning Department files that pertain to the proposed rezoning. MOTION: Davison moved that the documents outlined by the City Attorney be included in the record, seconded Brown. All in favor. Davidson opened the public hearing and asked if anyone in the audience wished to speak in favor or against Ordinance No. 1361, Series 2001. Garrett Mundelein, 555 County Road, Louisville, CO, voiced his concern that the negotiations with the property owners did not include compensation for their losses. He noted that there is a well-established industrial business on the property, and questioned whether a sale of the property would change the business usage. COUNCIL COMMENTS Keany asked about the status of the negotiations on the conversation easements. 9