ORDINANCE NO. O-13-2010
AN ORDINANCE ACCEPTING THE RECOMMENDATION OF THE FORT THOMAS PLANNING COMMISSION SUBMITTED IN ITS RESOLUTION NO. Z-01-10 AND AMENDING THE OFFICIAL ZONING ORDINANCE OF THE CITY OF FORT THOMAS, CAMPBELL COUNTY, KENTUCKY, BEING ORDINANCE NO. O-16-2007, BY CHANGING THE ZONE OR DISTRICT OF REAL ESTATE HEREINAFTER DESCRIBED FROM RESIDENTIAL-ONE AA (R-1AA) TO RESIDENTIAL-ONE A (R-1A), LOCATED AT 40 WALDEN LANE, BEING ALL OF LOT 9, WALDEN POINT ESTATES, SECTION 1, BY AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF FORT THOMAS PURSUANT TO SECTION EIGHT (8) OF SAID OFFICIAL ZONING ORDINANCE TO CONFORM WITH SAME.
WHEREAS, the Fort Thomas Planning
Commission conducted a hearing on June 16, 2010, to consider a request for a
zone change from Residential-One AA (R-1AA) to Residential-One A (R-1A) for
property located at 40 Walden Lane; and
WHEREAS,
the Fort Thomas
Planning Commission found that the requested zone change is consistent with the
Comprehensive Plan and specifically the Land Use Plan Element provision that
recommends future growth take place in a manner similar to established
patterns; and
WHEREAS, the Fort Thomas Planning
Commission found that the proposed use of the property is consistent with the
R-1A zone classification; and
WHEREAS, Chapter 100 of Kentucky
Revised Statutes provides that the legislative body may review the record of
hearing conducted by the Planning Commission and determine adjudicative facts
in addition to those found by the Commission; and
WHEREAS, the Board of Council has
reviewed the record of the hearing conducted by the Planning Commission and has
determined adjudicative facts in addition to those found by the Commission.
NOW, THEREFORE, BE
IT ORDAINED BY THE CITY OF
SECTION I
Having reviewed
the record of the Ft. Thomas Planning Commission public hearing held June 16,
2010 on the request of James and Candice Doepker of 40 Walden Lane, Council
makes the following findings of fact, including and in addition to the findings
of the Planning Commission:
1. That the
proposed zone change is consistent with the 2005 Comprehensive Plan Land Use
Element and specifically the provision on page 83 that recommends that future
growth should take place in a manner similar to the established patterns. Existing
properties north and west of 40 Walden Lane are developed on smaller lots than
proposed by the applicant and classified as low density residential in the
Comprehensive Plan.
2. That the
proposed zone change is consistent with the 2005 Comprehensive Plan Goals and
Objectives regarding Quality of Life and Housing/Residential Development. These
provisions encourage new housing to maintain and enhance the city as a
desirable place to live and to maintain the historically high quality character
of the community. This proposal meets these provisions since it will be subject
to the protective covenants and restrictions of the Walden Estates Subdivision
controlling design and minimum size of the home.
3. That the proposed
zone change is consistent with the 2005 Comprehensive Plan Existing Conditions
Element that recognizes that Ft. Thomas is a landlocked community with a need
to expand its population base and to expect scattered infill development. The
proposed zone change will allow an additional infill single family home to be
constructed and therefore, is consistent with this language of the
Comprehensive Plan.
4. That the
proposed zone change is consistent with the 2005 Comprehensive Plan provisions
providing guidance for hillside development. The Comprehensive Plan does not
prohibit development in designated Hillside/Greenbelt areas but recommends that
development be sensitive to the special requirements of such development. The
proponents pointed to other development in the city on sensitive hillsides that
were done successfully and in compliance with hillside development controls of
the Zoning Ordinance. Geotechnical exploration has been completed for the
original development of the subdivision and the conditions of the proposed site
are similar to the surrounding area.
SECTION II
That
the approval of the zone change be contingent upon the applicant following best
management practices for clearing, grading and erosion control for any
construction.
SECTION
III
That
the zoning classification for the parcel of property as described herein, being
a part of the Official Zoning Ordinance of the City of Fort Thomas, Campbell
County, Kentucky, being Ordinance No. O-16-2007, which was adopted on
Lying in the City of Fort Thomas, Campbell County, Kentucky, on the south side of Walden Lane and being part of Lot 9 of the Walden Point Estates and part of the right of way of said Walden Lane, more particularly described as follows: Beginning in the south right of way of Walden Lane at the north common corner of Lot 8 and Lot 9; Thence along said common line, South 30°2733 East a distance of 197.05 feet to a point in the south line of Walden Point Estates; Thence with said south line, South 63°2441 West a distance of 406.01 feet to a point in the west line of Lot 9; Thence with said west line of Lot 9, North 20°3929 West a distance of 179.41 feet to a point in the south line of Walden Lane; Thence continuing along the extension of the west line of Lot 9, North 20°3929 West a distance of 23.98 feet to the center of Walden Lane; Thence along the center of Walden Lane for nine (9) calls:
South 77°1122 East a distance of 48.73 feet to a point;
Along a curve to the left with a radius of 249.38 feet (Δ=11°1318, Chord Bearing = South 82°4801 East a distance of 48.76 feet) an arc distance of 48.84 feet to a point;
Along a curve to the left with a radius of 105.00 feet (Δ=26°1519, Chord Bearing = North 78°2739 East a distance of 47.70 feet) an arc distance of 48.12 feet to a point;
Along a curve to the left with a radius of 357.96 feet (Δ=08°0713, Chord Bearing = North 61°0611 East a distance of 50.69 feet) an arc distance of 50.73 feet to a point;
Along a curve to the left with a radius of 133.39 feet (Δ=22°4507, Chord Bearing = North 44°4341 East a distance of 52.62 feet) an arc distance of 52.97 feet to a point;
North 29°5615 East a distance of 30.75 feet to a point;
Along a curve to the right with a radius of 50.00 feet (Δ=00°1723, Chord Bearing = North 46°4552 East a distance of 0.25 feet) an arc distance of 0.25 feet to a point;
North 46°5433 East a distance of 62.07 feet to a point;
Along a curve to the left with a radius of 100.00 feet (Δ=16°2619, Chord Bearing = North 38°4124 East a distance of 28.59 feet) an arc distance of 28.69 feet to a point;
North 30°2814 East a distance of
40.55 feet to a point in the extension of the common line of Lot 8 and
Thence with said common line, South 30°2733 East a distance of 22.88 feet to the POINT OF BEGINNING. Said parcel contains 1.47 acres.
SECTION IV
The parcel described in Section III recorded in D.B.
665, Pg. 51 is hereby amended and changed on the Official Zoning Map from Residential
One-AA (R-1AA) to Residential One-A (R-1A).
SECTION V
That the City Clerk be and
is hereby authorized and directed to deliver a certified copy of this ordinance
to the Zoning Administrator.
SECTION VI
That the Zoning Administrator be and
is hereby authorized and directed to change the zone boundaries on the Official
Zoning Map in accordance with this Ordinance and Section 8 of the Official
Zoning Ordinance.
SECTION VII
That a Certificate
of Land Use Restriction, pursuant to the provisions of KRS 100.3681-100.3684,
shall be filed in the Office of the Campbell County Clerk.
SECTION VIII
That this
Ordinance shall amend but not repeal the existing Official Zoning Ordinance and
the Official Zoning Map.
SECTION IX
That this Ordinance shall be
effective when read, passed and advertised at the earliest date according to
law.
APPROVED:
_____________________________
Mary
H. Brown, Mayor
ATTEST:
__________________________
Melissa Kelly, City Clerk
1st
Adopted:
Published: