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HomeMy WebLinkAbout2003-9-6690560 ORDINANCE NO. 2003-9-6690 AN ORDINANCE APPROVING ZONING CHANGE FROM H-2, (HISTORICAL NEIGHBORHOOD ZONE) TO B-3, (GENERAL BUSINESS ZONE), FOR PROPERTY LOCATED AT 701 PARK AVENUE, AND AMENDING THE PADUCAH ZONING ORDINANCE SO AS TO EFFECT SUCH REZONING WHEREAS, a request to rezone a parcel of real estate situated at 701 Park Avenue from H-2 to B-3 was filed with the Paducah Planning Commission by Historical Oldtown Restaurant, Inc.; and WHEREAS, pursuant to notice, the Planning Commission conducted a hearing on July 7, 2003; and WHEREAS, said Planning Commission recommended denial of said zone change request. BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the Paducah Planning Commission on July 7, 2003, recommended denial of a zoning change request for property located at 701 Park Avenue, which request was to rezone said property from H-2, (Historical Neighborhood Zone) to B-3, (General Business Zone). SECTION 2. That on August 5, 2003, the Board of Commissioners held a public hearing to rezone subject property in accordance with KRS Chapter 100 and pursuant to notice requirements of KRS Chapters 100 and 424. SECTION 3. That the zone classification and the map amendment proposed in said resolution be, and the same are hereby, declared to be in agreement with the comprehensive plan of the City of Paducah. SECTION 4. That the zone classification of the following described property be, and it is hereby, changed from H-2, to B-3: A tract of land as surveyed by David H. Dummer Jr., PLS No. 1955 of the firm of Dummer Surveying & Engineering Services, Inc. of Paducah, Kentucky on June 30, 2003, located on the north side of Park Avenue, between 7a' and 8th Street and being more particularly described as follows: Beginning at the centerline intersection of Park Avenue and 7a' Street; THENCE North 22 degrees 59 minutes 38 seconds West for a distance of 190.00 feet [passing through a mag nail and washer (found) at 30.00 feet] with the centerline of a closed portion of 7th Street and the west line of the William R. and Gay L. Ingram property described in Deed Book 803, Page 489 and recorded in Plat Section "J", Page 442 to a 1/2 " rebar (found) (all 1/a" rebars are 1/2" diameter by 24" long rebars with a plastic cap stamped "D. H. Dummer PLS 1955" unless otherwise noted); THENCE South 66 degrees 45 minutes 22 seconds West for a distance of 80.00 feet with a common line to the Illinois Central Gulf Railroad Co. property described in Deed Book 543, Page 519 to a 1/2 " rebar (set); THENCE South 22 degrees 59 minutes 38 seconds East for a distance of - 1.15 feet with the railroad property to a 1/2" rebar (set); THENCE along a curve to the left having a radius of 505.04 feet and an are length of 329.01 feet, being subtended by a chord of South 37 degrees 19 minutes 14 seconds West for a distance of 323.22 feet continuing with said railroad property to a 1/2 " rebar (set) on the north right-of-way of Park Avenue; THENCE South 23 degrees 14 minutes 38 seconds East for a distance of 30.00 feet to a point in the centerline of Park Avenue; Jo 561 THENCE North 66 degrees 45 minutes 22 seconds East for a distance of 360.67 feet along the centerline of Park Avenue to the point of beginning. Together with and subject to covenants, easements, right-of-ways and restrictions of record and in existence. Said property contains 1.1864 acres more or less AS SURVEYED UNDER MY PERSONAL SUPERVISION THIS DATE Deed Reference: Deed Book 814, Page 59. 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 separable from all other sections, paragraphs and provisions. SECTION 6. This ordinance shall be read o wo to days and will become effective upon summary publication pursuant to KRS Chapter 4. ATTEST: Tammara S. Brock, City Clerk Introduced,,by the Board of Commissioners August 5, 2003 Adopted by the Board of Commissioners September 2, 2003 Recorded by Tammara S. Brock, City Clerk, September 2, 2003 Published by The Paducah Sun, September 10, 2003 \ord\plan\zone\701 Park Ave ��D