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<br />5/18/83 <br /> <br />Page -22- <br /> <br />E. The annexation of this property with <br />this proposed zoning would violate the <br />City's policy of maintaining the 1500' <br />buffer along V.W. Highway 36. <br />F. Since the zoning request accompanying this <br />annexation was inconsistent with the City <br />of Louisville's comprehensive plan, the <br />proper procedure for the landowner to <br />follow should have been to first request <br />an amendment to the comprehensive plan. <br />If such an amendment was granted, annexa- <br />tion would then be an appropriate request. <br />G. A referendum has been filed against <br />Ordinance #746, thus said ordinance is <br />not effective, making the findings in <br />this ordinance a part of the original <br />consideration of Ordinance #746. <br /> <br />RECESS <br /> <br />Mayor pro-tem Fauson called a recess at 9:15 P.M. <br />so that councilmembers could review the amend- <br />ment. Council meeting reconvened at 9:25 P.I1. <br /> <br />Councilman Leary <br /> <br />Councilman Cussen seconded the motion to <br />amend Ordinance #794. <br />Mayor pro-tem Fauson asked if there was any <br />further discussion on the amendment. <br />Commented he felt it was obvious that this <br />matter is to go back to court that the find- <br />ings of fact exist in the ordinance. He re- <br />quested if anyone disagreed with these find- <br />ings of fact he would like to know which ones <br />were wrong. <br /> <br />Stated he had some specific questions, then <br />would comment. Referred to item F. of Council- <br />man Leary's amendment - it was his understand- <br />ing that when Mr. Biella came in approximately <br />10 months ago he asked the proper procedure <br />and for 9 or 10 months, the staff or somebody <br />had that delayed. If that was the proper <br />procedure then the same people here are re- <br />sponsible for not giving him that. Did not <br />agree with Councilman Leary's findings of <br />fact - was his opinion it was manipulation, <br />everyone may not be in agreement but personally <br />he could not vote for the amendments. <br /> <br />Councilman Cummings <br /> <br />Councilman Ferrera <br /> <br />Inquired - if Mr. Biella's property is desig- <br />nated open space what does the comp plan say <br />we have to do with it? <br />