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HomeMy WebLinkAboutOrdinances Book 13, Page 748, No Resolution NumberA RESOLUTION AUTHORIZING THE LEGAL DEPARTI.1EHT OF THE CITY OF PADUCAH TO FILE IPI THE COURT OF APPEALS ON BEHALF OF THE CITY A PETITION FOR REHEARING OF THE CASE OF HARRY D?ATHIS, ET AL ISS. V]ILLIAI•T F. HAHNAN, ET AL, TRUSTEES FOR ANPIA i;AE HAIVAN, ET AL. WHEREAS, on June 6, 1956, the City Planning and Zoning Commission, by the unanimous vote of its members, adopted a resolution recommending to the Board of Commissioners the zoning reclassification of a 13.7 acre tract of land, being the Hannan property at the intersection of the Blandville Road and the Lone Oak Road, to permit the use of said property as a site for a shopping center; and, WHEREAS, on June 12th, 1956, the Board of Commissioners unanimously adopted an ordinance approving the final report of the Zoning Commission changing the classification of said property; and, :'7HE_REAS, in the litigation involving the validity of said zoning ordinance, the Court of Appeals decided that the area rezoned was residential property and suitable only for -such use, and it is possible that the members of the Court did not have before them all of the information and data essential to a thorough consideration of the question. WHEREAS, with the exception of the plaintiffs who own residences in the vicinity of the property, and the few other sympathetic residents in the neighborhood, the great majority of the people of the city favor the construction of a shopping center at that location, and its construction is of vital importance to all of the people for the following reasons: First, because the site selected is in a centrally located, thickly populated district where the few small groceries, drug stores and other retail establishments are widely separated from each other, and all of the people residing in that district will be greatly benefitted by having convenient access to an ultra -modern shopping center offering a wide variety of merchandise and services; Second, badly needed employment for a great number of workmen in the construction of the center at a cost of two million dollars will be provided; Third, permanent employment for a number of people to work as managers, clerks and in other positions in the operat,ion of business establishments at the shopping center will be provided; and, 749 Fourth, increased revenues in taxes, conservatively estimated at .,,50,000.00 per year, will be received by the City and County. i'IHIREAS, no other property in the vast residential area to be served by a shopping center is suitable for such purpose; WHEREAS, the rezoning of the Hannan property is necessary to provide the people of the City of Paducah with the same modern convenience: and shopping facilities that are found in other cities of comparable size; and, _ 11HEREAS, the construction of said shopping center is so essential to the promotion of the general welfare that a determined effort should be made to convince the members of the appellate court that the aforesaid decision is inconsistent with the public interest, progress and general welfare of the people of the city; NOVI THEREFORE, BE IT RESOLVED, that the members of the Board of Commissioners express their grave concern because of the rulings and decision of the Court of Appeals which, if not changed, will so injuriously affect the City of Paducah and its citizens and will so greatly retard the promotion of the interests and general welfare of all of the people; and, BE IT FURTHER RESOLVED that the legal department of the City of Paducah immediately file on behalf of the City of Paducah a petition for rehearing of the appeal in which the aforesaid decision was handed dorm, and that it be urged to put forth every effort possible to convince the members.of the appellate court that the construction of the shopping center on the Hannan property is for the best interests of the City of Paducah and that its citizens should not be deprived of the great benefits which will result from the construction of the center at that location. 01 .a, orj Introduced by the Board of Commissioners May 25, 1957 Adopted by the Board of Commissioners June 8, 1957 Recorded by Sarah Thurman, City Clerk, June 8, 1957.