ORDINANCE NO. O-19-2011

 

AN ORDINANCE ACCEPTING THE RECOMMENDATION OF THE FORT THOMAS PLANNING COMMISSION SUBMITTED IN ITS RESOLUTION NO. Z-02-11 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 INDUSTRIAL PARK (IP) TO GENERAL COMMERCIAL (GC) FOR AN APPROXIMATE 2.234 ACRE SITE LOCATED AT 424 ALEXANDRIA PIKE, BY AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF FORT THOMAS PURSUANT TO ARTICLE  EIGHT (8) OF SAID OFFICIAL ZONING ORDINANCE TO CONFORM WITH SAME.

 

WHEREAS, the Fort Thomas Planning Commission conducted a hearing on September 21, 2011, to consider a request for a zone change from Industrial Park (IP) to General Commercial (GC) for property located at 424 Alexandria Pike; and

 

            WHEREAS, the Fort Thomas Planning Commission found that:

 

            The existing zoning is inappropriate and the proposed zoning is appropriate based on commercial and office development that has occurred in the general vicinity of this site;

            The existing zoning is inappropriate due to changes in access to the interstate (I-471) and its close proximity to residential zoning; and

            The challenging topography of the lot would not support a viable industrial business.

 

            NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF FORT THOMAS, CAMPBELL COUNTY, KENTUCKY:

 

SECTION I

 

            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 May 21, 2007, be and the same is hereby amended for the following area:

 

PARCEL 1

Situated in the City of Fort Thomas, Campbell County, Kentucky, and being part of Lot 6 of the Adam Shafer Subdivision, and being more particularly described as follows:

Beginning at a stake in the line of Lot 1 and a corner to Lot 5 and 6 of Adam Shafer Subdivision; thence with the line of Lot 1 S 56 00’ 30” E a distance of 16.50 feet to a notch on a stone in the Perry Patent line; thence with the said Perry Patent line S 29 25’ E a distance of 218.01 feet to an angle iron; thence S 23 35’ 40” E a distance of 143.45 feet to a point in the north line of Campbell County Turnpike (U.S. 27 – Alexandria Pike); thence along the north line of said road in a westerly direction as it now exists on Kentucky State Highway plans along a curve having a radius of 668.59 feet for an arc distance of 112.86 feet (said arc has a chord S. 81 25’ 40” W with a length of 112.73 feet) to a point; thence S 76 35’ 30” W a distance of 92.00 feet; thence along a curve having a radius of 941.99 feet for an arc distance of 103.06 feet (said arc has a chord S. 79 13’ 48” W with a length of 103.01 feet) to a point; said point being 30 feet right of station 36+00 on the centerline of U.S. 27 (Alexandria Pike) as shown on the Kentucky State Highway I-471 plans; thence along the new I-471 right-of-way line N 56 42’ 30” W a distance of 158.88 feet to a point on the common line of Lots 5 and 6 of the Adam Shafer Subdivision; and said point also being 135 feet right of station U.S. 27 - 37+50 on the aforementioned plans; thence N 40 29’ 35” E a distance of 395.46 feet to the place of beginning.  Said parcel contains 2.0 acres more or less.

 

PARCEL 2

Beginning at a point in the existing right of way of U.S. 27, Alexandria Pike, and the common line with the Land of Moore’s Home Center, said point being 50’ right of U.S. 27 centerline Station 36+23.50 as shown on the plans of the Kentucky Highway Department of Transportation highway plans for improvement of Interstate 471, Job No. SP 19-961, Sheet 19 of 294; thence from said point of beginning along a curve 50’ north of the parallel to the existing centerline of U.S. 27 on a radius of 831.47 feet an arc length of 142.74 feet, the chord of said arc bears south 85 degrees 13’ 55” west a distance of 142.57 feet to a point 50’ right of U.S. 27 centerline Station 37+74.82; thence on a curve to the northwest on a radius of 1587.02 feet an arc length of 34.11 feet, the chord bears north 89 point 50’ right of U.S. 27 centerline station 38+10; thence leaving said limited access line of Interstate 471 and with the existing right of way U.S. 27 south 79 degrees 07’ 49” east a distance of 54.02 feet to an existing right of way marker 135’ right of U.S. 27 Station 37.50; thence continuing with the right of way of U.S. 27 south 58 degrees 43’42” east a distance of 141.38 feet to the point of beginning; being parts of  lots 5 and 6 of the Adam Shafer Subdivision.

 

The herein described parcel contains .0234 acres of land more or less as surveyed by J.E. Hoh, Jr.

 

 

SECTION II

 

Parcels described in Section I recorded in Deed Book 723 Page 46 and Deed Book 721 Page 513 is hereby amended and changed on the Official Zoning Map from Industrial Park (IP) to General Commercial (GC).

 

SECTION III

 

That the City Clerk be and she is hereby authorized and directed to deliver a certified copy of this ordinance to the Zoning Administrator.

 

 

 

SECTION IV

 

            That the Zoning Administrator be and he is authorized and directed to change the zone boundaries on the Official Zoning Map in accordance with this Ordinance and Article 8 of the Official Zoning Ordinance.

 

SECTION V

 

            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 VI

 

            That this Ordinance shall amend but not repeal the existing Official Zoning Ordinance and the Official Zoning Map.

 

SECTION VII

 

            That this Ordinance shall be effective when read, passed and advertised at the earliest date according to law.

           

APPROVED:

 

            _____________________________

                        Mary H. Brown, Mayor

 

1st Reading: October 3, 2011

 

ADOPTED:  October 17, 2011

 

Published:  October 27, 2011

 

ATTEST:

 

__________________________

Melissa Kelly, City Clerk