City Council Minutes 1979 01 16 - Laserfiche WebLink

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ORDINANCE NO. 623 PUBLIC HEARING CONTINUED January 16, 1979 Minutes - page 15 Exhibit #1, I think we can just call that plan that's been prepared on the map, but, Exhibit #2, is a copy of the annexation agreement which the water rights, the well and the portion of the property to be deeded to the City of Louisville was agreed to by the owners. Exhibit #3, would be the petition for annexation which indicated in part that the territory pro- posed to be annexed is urban or will be urbanized in the near future. Exhibit #4, is several pages that are copies of the minutes of the Planning Commission in which this matter was discussed on October 10, 1978. Exhibit #5, is a letter addressed to Mr. Leon Wurl, City Administrator from Mr. Paul Maxwell of the County concerning certain open space desires Exhibit #6, is an excerpt of the minutes of the Aquarius annexation back in 1976, and I would just like to make them part of the record. Mayor: Fine, no objection. Mr. Porter you have any further presentation to make. Porter: Yes, I just wanted to complete my summary Mr. Mayor. Mayor: Okay, sure, thank you sir. Porter: Generally rezonings are permitted only where it is shown that there was an error in the original zoning, or that conditions have so changed so as to in the neighborhood so as to make a rezoning appro- priate. However, in this case, we start off with the what our position is that agricultural zoning, in the City of Louisville, as applied to this particular property is unreasonable and does not allow the property owner a reasonable use of his property and is therefore invalid. However, if you took even the traditional tests for rezonings we believe those are met in this case. We believe that there was error in the original zoning because the agricultural designation was merely for the purpose of providing an interim zoning category and would be unreasonable on a permanent basis for an urban setting. We believe that because devel- opment plans had not matured enough to really under- stand what was going to take place that agricultural zoning may have made sense at that time, but now there is a proposal to develop the property as residential used property. Furthermore, insofar as changing conditions in the neighborhood and the community, we would indicate right now City of Louisville is anticipating some major land use changes