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File #: 0021-12    Version: 1 Name: MAR 2011-19
Type: Ordinance Status: Approved
File created: 12/21/2011 In control: Urban County Council
On agenda: 1/26/2012 Final action: 1/26/2012
Enactment date: 1/26/2012 Enactment #: O-006-2012
Title: An Ordinance changing the zone from a Light Industrial (I-1) zone to a Heavy Industrial (I-2) zone for 10.59 net and gross acres, for property located at 195 Lisle Industrial Ave. (a portion of), subject to certain use restrictions imposed as conditions of granting the zone change (Whayne Supply Co.). Conditional Approval 9-0 (To be heard by March 14, 2012) [Div, of Planning, King]
Attachments: 1. MAR 2011-19 final report.pdf, 2. MAR 2011-19 application+plat.pdf, 3. MAR 2011-19 legal description.pdf, 4. MAR 2011-19 minutes.pdf, 5. MAR2011-19 staff report.pdf

Title

An Ordinance changing the zone from a Light Industrial (I-1) zone to a Heavy Industrial (I-2) zone for 10.59 net and gross acres, for property located at 195 Lisle Industrial Ave. (a portion of), subject to certain use restrictions imposed as conditions of granting the zone change (Whayne Supply Co.).  Conditional Approval 9-0 (To be heard by March 14, 2012)  [Div, of Planning, King]

Summary

[Rezoning from I-1 to I-2; 195 Lisle Industrial Avenue]

An Ordinance changing the zone from a Light Industrial (I-1) zone to a Heavy Industrial (I-2) zone for 10.59 net and gross acres, for property located at 195 Lisle Industrial Avenue, subject to certain use restrictions imposed as conditions of granting the zone change (Whayne Supply Company). Conditional Approval 9-0 (To be heard by March 14, 2012) [Div. of Planning, King]

 

Body

WHEREAS, at a Public Hearing held on December 15, 2011, a petition for a zoning ordinance map amendment for property located at 195 Lisle Industrial Avenue (a portion of), from a Light Industrial (I-1) zone to a Heavy Industrial (I-2) zone for 10.59 net and gross acres, was presented to the Urban County Planning Commission; said Commission recommending conditional approval of the zone change; and

WHEREAS, this Council agrees with the recommendation of the Planning Commission; and

WHEREAS, the recommendation form of the Planning Commission is attached hereto and incorporated herein by reference.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT:

Section 1 - That the Zoning Ordinance of the Lexington-Fayette Urban County Government be amended to show a change in zone for property located at 195 Lisle Industrial Avenue, from a Light Industrial (I-1) zone to a Heavy Industrial (I-2) zone for 10.59 net and gross acres; being more fully described in Exhibit “A” which is attached hereto and incorporated herein by reference.

Section 2 - That the granting of this zone change is made subject to the following use restrictions as conditions of granting the zone change:

                     Under the provisions of Article 6-7 of the Zoning Ordinance, the following use and buffering restrictions are proposed for the subject property via conditional zoning:

 

A.                     Within 200 feet of any residential zone:

 

i.                     The use of the property shall be restricted to only those uses permitted in the Light Industrial (I-1) zone.

 

B.                     Prohibited Uses:

 

                     i.                     Bottle making

                     ii.                     Brewery, winery or distillery

                     iii.                     Correctional institutions

iv.                     Nitrating processes

v.                     Railroad roundhouse or yards

vi.                     Stadium

vii.                     Manufacturing of any of the following:  acid (non-erosive); asbestos; briquettes (from previously prepared charcoal); candle or sperm oil; canvas; carpet or rug; coke (coal by-product); disinfectant, insecticide or poison; dye (or dyestuff) or printing; fertilizer; glass fiber; glucose; hair; leaf mold and similar plant processing; matches; paper or pulp; perfume; starch or sugar refining; and textiles

 

C.                     Landscape Buffer:

 

i.                     A twenty-five foot (25’) landscape buffer shall be established and maintained along the northwestern property lines, adjacent to the Planned Neighborhood Residential (R-3) zone.  The established tree line shall be maintained in this buffer area along this property boundary, and the required property perimeter (zone-to-zone) screening per Article 18 shall be provided parallel to the established tree line.  Dead or diseased trees may be removed as necessary, with the prior approval of the Urban Forester.

 

D.                     Open Space Buffer:

 

i.                     A twenty-five foot (25’) buffer shall be established from the edge of the stormwater drainage area, shall be measured from the top of the banks of this channelized drainage area, and shall be devoid of overnight parking, outdoor storage of fluids or liquids, and permanent structures.

                                          

These restrictions are appropriate and necessary for the subject property to limit uses of the subject property to those more closely recommended by the 2007 Comprehensive Plan for this location, to protect the existing Townley Park development to the northwest from the most intensive and nuisance-creating I-2 land uses, and to protect the existing environmentally sensitive areas on the site.

 

Section 3 - That the Lexington-Fayette Urban County Planning Commission is directed to show the amendment on the official zone map atlas and to make reference to the number of this Ordinance.

Section 4 - That this Ordinance shall become effective on the date of its passage.

PASSED URBAN COUNTY COUNCIL:

 

 

                                                                                                                                                                                                                                                            

MAYOR

 

 

ATTEST:

 

                                                                                                                                                   

CLERK OF URBAN COUNTY COUNCIL

 

PUBLISHED:

 

 

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