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HomeMy WebLinkAbout85-9-2728386 ORDINANCE NO. 85-9-2728 AN ORDINANCE REVERSING THE FINAL REPORT OF THE PADUCAH PLANNING COMMISSION ON THE PROPOSED REZONING OF PROPERTY LOCATED ON THE NORTH SIDE OF HALEHAVEN DRIVE NEAR CONRAD HEIGHTS SUBDIVISION, AND DIRECTING AN AMENDMENT TO THE PADUCAH ZONING ORDINANCE - 1976, SO AS TO CHANGE THE ZONE CLASSIFICATION FROM R-2, LOW/MEDIUM DENSITY RESIDENTIAL ZONE, TO R-4, HIGH DENSITY RESIDENTIAL ZONE WHEREAS, the Paducah Planning Commission at a Public Hearing held on August 8, 1985" considered a proposal to amend the Paducah Zoning Ordinance - 1976, so as to change the zone classification of certain property located along the north side of Halehaven Drive near Conrad Heights Subdivision from R-2, Low/Medium Density Residential Zone, to R-4, High Density Residential Zone; and WHEREAS, the aforesaid proposal failed by reason of a negative vote, and at a Public Hearing held on August 27, 1985, after publication of Notice pursuant to law, duly reconsidered the said proposal and heard and considered testimony, objections and suggestions of all interested parties who appeared at said meeting; and WHEREAS, after considering the evidence submitted and being thoroughly advised in the premises the Board of Commissioners does by this ordinance overrule and reverse the action of the Paducah Planning Commission. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The Board of Commissioners finds, relative to the proposed amendment as follows: 1. The subject property is located in an area which is in the proximity of Interstate Highway I-24 and near U.S. Highway 60. Business along Highway 60 has developed extensively over the past five years. 2. The subject property adjoins property zoned and used for R-4 purposes and property zoned H.B.D. (Highway Business District), and it was, and is, difficult to establish a differing zone classification between them considering all factors, including uses and nature of the property. 3. There have been no substantial residential developments on subject property, and because of the proximity of I-24 it appears unlikely that the subject property was, or is, suitable for low or medium density residential development. 4. Upon the territory being annexed for the City of Paducah it was classified as R-2, Low/Medium Density Residential Zone. 5. In view of the foregoing, the original zoning classification given to the property was inappropriate and is inconsistent with the natural development and use of properties so close in proximity to the Interchange of I-24 and U.S. 60 West. 6. The proposed rezoning is not in agreement with the comprehensive plan of the community; however, the business development along U.S. 60 in the area since 1980 makes the original zoning inappropriate. 7. The property should be restricted to office buildings and development within two (2) years, or the zoning should revert to R-2, Low/Medium Density Residential. 387 SECTION 2. That the Paducah Zoning Ordinance -1976, be amended so as to change the zone classification for the following property from R-2, Low/Medium Density Residential Zone, to R-4, High Density Residential Zone: Beginning at a point located where the northerly line of Halehaven Subdivision intersects the easterly right-of-way line of Interstate Highway I-24, said point being located 180 feet left of said highway center line station 1502+01.62 as shown by right-of-way plans for said highway; thence from the point of beginning N. 45.degrees,-00' -23" W. and with the easterly right-of-way line of said highway 302.28 feet to a bend in said line; thence continuing with said line, N. 54 degrees -20' -51" W., a distance of 450.06 feet to another bend in said line; thence N. 40 degrees -50' - 51" W. continuing with said line, 320 feet, more or less, to the point of intersection of said right-of-way line with the southerly line of property presently owned by Marie Robertson Clark and shown by deed of record in Deed Book 496, Page 369 of the McCracken County Court Clerk's office; thence N. 43 degrees - 42' - 09" E. and with said southerly line 1,620 feet, more or less, to a point 330 feet west of the center.l_ine of Friedman Lane; thence S. 51 degrees - 30' E. and parallel with said center line, 884.23 feet, more or less, to a point located 210 feet north of the north line of the aforesaid Halehaven Subdivision and 330 feet west of the center line of Friedman Lane; thence S. 84 degrees - 30' W. a distance of 315.0 feet to the center line of a proposed future road and on the arc of a curve; thence in a southwesterly direction with the arc of said curve 235.62 feet, said arc having a chord length of 210 feet and a bearing on said chord of S. 14 degrees - 48' W.; thence continuing along the center line of said road on a line 245 feet north of and parallel with the northerly line of the aforesaid Halehaven Subdivision, S. 44 degrees - 48' W. a distance of 730.0 feet to the beginning of a curve, said curve having a chord length of 172.20 feet and a bearing on the chord of S 67 degrees 18' W.; thence along the arc of said curve 176.71 feet; thence leaving said proposed future road, S. 01 degree - 12' E. a distance of 425.0 feet.to the point of beginning and containing approximately 32.5 acres, more or less. SECTION 3. That the zone classification change and the map amendment as set forth above are hereby declared to be necessary due to the changes in the area since the property was last rezoned. SECTION.4. That this -zoning change is conditioned upon the following: 1. The only R-4 use permitted shall be professional office buildings. All other uses shall be restricted to those allowed in an R-2 Zone. 2. Substantial construction must be started prior to September 30, 1987, or the City Commission will holda public hearing to determine if the zoning should revert to R-2, Low/Medium Residential Zone. 3. The developer shall provide pine tree screening along the south line of the Three Oaks Park Subdivision and the property adjoining Halehaven Subdivision. SECTION 5. That if any. -section, paragraph, or provision of this ordinance shall be found to be inoperative, ineffective or invalid for any cause, the deficiency or invalidity of such section, paragraph or provision shall not affect any other section, paragraph or provision hereof, it being the purpose and intent of this ordinance to make each and every section, paragraph and provision hereof separate from all other sections, paragraphs and provisions. SECTION 6. This ordinance shall be read on two separate days and shall be in full force and effect from and after its adoption. JOE VITERISI Mayor Introduced by the Board of Commissioners September 10, 1985 Adopted by the Board of Commissioners September 24, 1985 Recorded by Lenita Smith, City Clerk, September 24, 1985 Published by The Paducah Sun September 30, 1985.