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HomeMy WebLinkAbout79-7-1765277 ORDINANCE no. 79-7-1765 ' AN ORDINANCE REVERSING THE FINAL REPORT OF THE PADUCAH PLANNING COMMISSION ON THE PROPOSED REZONING OF PROPERTY LOCATED ALONG BLANDVILLE ROAD, EAST OF PECAN DRIVE, AND DIRECTING AN AMENDMENT TO THE PADUCAH ZONING 'ORDINANCE1976, SO AS TO CHANGE. THE ZONE CLASSIFICATION FROM R-1, LOW DENSITY RESIDENTIAL ZONE, TO B-1, CONVENIENCE AND SERVICE ZONE. WHEREAS, the Paducah Planning Commission, at a meeting held on June 18, 1979, considered a proposal to amend the Paducah Zoning Ordinance - 1976, so as to change the zone classification of certain property located along Blandville Road, East of Pecan Drive from R-1, Low Density Residential Zone to B-1, Convenience and Service Zone, and WHEREAS, the aforesaid proposal failed by reason, of a.negative vote,, and WHEREAS, the Board of Commissioners of the City of Paducah, Kentucky, at a meeting held on July A, 1979, after publication of Notice p-ursuant to'l.aw..,du. 1y recon- sidered the said proposal and h6a ind considered testimony, objections and suggestions of all interested parties who appe.6i 'd e said' '*d'm meeting, and WHEREAS, after -considerina the evidence submitted and being, thoroughly advised in the p`iemises the Board of Commissioners does,by this ordinance .overrule and reverse the action of the -Paducah Plannin9 Commission. NOW., THEREFORE, BE IT ORDAINED, BY THE BOARD OF -COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION The Board of Commissioners finds, relative to the proposed amendment asfoll6ws:` 1 The subject property}is.located in an area .which ,is in the proximity of the interchange two ma traffic routes, namely:, I -;�",4 and U­.'S.,.62'Wei3 I t (Blandville aforesaid Road). TS6 re exists good ingrand egress from e -ss -bf p 't e 8U jddt operty t r othe routes. .2. The subject property adjoins property zoned and used for B-71 purposes and it was, and is. difficult to establish a differing zone classification'between them considering all -factors, including and nature of the Property,�"'_' 3; 'There have -been no substantial residential dbV616prii6nts on subject property, even though for an extended time an attempt was made to subdivide a'poi-tion of the subject property, and becai.Ae of the increased traffic it'app6ars- -unlikely that the subje:ct property' was, 'or1s, suitable for'resildential development. 4. t6e- subject t property 'is part sof the territory recently annexed'by The prior to ed the City of'Paducah.i-and, r or said annexation -it was a part of unincorporated territory where no zoning laws existed. 278 5. Upon the territory being -annexed for, the City of Paducah it was auto- matically, by virtue of provisions of state law, classified as R-1, Low Density Resi- dential Zone. 6. 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 1-24 and U.S. 62 West (Blandville Road). 7. The proposed rezoning is in agreement with the comprehensive plan of the community. SECTION 2. That the Paducah Zoning Ordinance 1976, be amended so as to change the zone classification for the following property from R-1, Low Density Residential Zone, to B-1, Convenience and Service Zone: Beginning at a point in the existing north right of way of ­U1,,:S.-,,&2., said ,point being located -30.-Jq feet measured pqrpen- dicularly from the existing U.S. 62 centerline, said point also beft1g. located -north. 67grpes 06 minutes , D3 seconds' east, ­ 354.56 feet from the intersection of the north right-of-way of U.S. 62 with the east right. of way of Pecan,,IpriVe.,,, s4io.- point also being the southeast property corner of Harry James and Gary,, Rust;.., thence. north 1 1 � 0 -- degrees 15 minutes 55 seconds, west,- north . I I ­ . . 421.00feet to a point; thence north'7 degrees 55 minutes 55 seconds west 1, 011.32 feet to a point;, :theppV, north 86 degrees .5-0,minutes- 07 seconds west, 255.94 feet to a point in the Pecan Drive east right-of-way line; thence. north 3degrees 28 -minutes... 12, seconds, west along the Pecan Drive- east right-of-way 475.15 feet to a point; thence 4. degrees- 4.6 -,minutes .02 -seconds, west -along the Pecan Drive east righi-of'-way lin'4 704.14 feet -to- 'a point, said point being in the 1-24 south right-of-way line; thence with -t -he -1-.24 south - line, south 76 degrees 14 minutes 46 seconds east,' 1,223.37 feet to --a,point , south 60 degrees 15 minutes 43 seconds .east , 401-,. 30 feet to a point, south 56 deg-r-ees-'22 minutes 36 seconds -'east,'- 851.2 -2' -feet to a point; south 36 degrees 56 minutes 12 seconds east, 6,01.8,9 feet.4o....7. a point, south 24 degrees 37 minutes 49 seconds east, 106.10 feet to a, point,, said. point being in the U.S. righi79f-Way.;- thence; -south 44 degrees 11 minutes 50 seconds west along the U.S'. 62 right-of-4ay 50.48 feet Ao a point; thence s.outb­64 d..egrqes.:,5.5. -minutes...19, seconds west 230*.22'fe6t'to a point; thence north 33 degrees 54 minutes 31 seconds, ,west. .,2,2-9,j4 feet to,.,a point-Ut r- ees-55— thence,, south .64. degr minutes 19 seconds west 42.00 feet to a point; thence north 22 degrees 57 minutes 05 seconds west 16.50 feet to a point; thence north 333.22 feet to a point; thence west 588.8 feet to a point; thence south 525.43 feet to a point in the north right of way of U, S,. -6.2-;.,Ahence west,,3114 43 south' e oi 75.93 feet to feet to a point� thence'' -59. 24 f6 't toi� a p' nt; west li the point of beginning. SECTION 3. That the zone classification, change. and .the. map amendment as-., . set forth above are, hereby. declaredtobe in, agreement with the Comprehensive Plan of the City, of Paducah.. SECTION 4. That if any section, paragraph, or provision of,thjs ordinance shall be found to be inoperative-, ineffective or invalid for any cause,,.-theApficiency. or invalidity of such section, paragFaphor prpvision..5hall not affect, any -other section, paragraph or provision h.ereof, jt ­ being , the purpose, and. intent. of this: ordinance to. 279 make each and' every section, paragraph and provision hereof separable from all other sections, paragraphs and provisions.