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File #: 0585-16    Version: 1 Name: [MAR 2016-8]
Type: Ordinance Status: Approved
File created: 5/13/2016 In control: Urban County Council
On agenda: 6/16/2016 Final action: 6/16/2016
Enactment date: 6/16/2016 Enactment #: O-095-2016
Title: An Ordinance changing the zone from a Planned Shopping Center (B-6P) zone to a Planned Neighborhood Residential (R-3) zone, for 8.46 net (9.02 gross) acres; and from an Agricultural Urban (A-U) zone to a Planned Neighborhood Residential (R-3) zone for 2.90 net (3.26 gross) acres, for property located at 1850 Old Higbee Mill Rd. (Wynndale Development, LLC (AMD.); Council District 9). Approval 9-1 OBJECTORS (To Be Heard By July 27, 2016) [Div. of Planning, Duncan]
Attachments: 1. MAR 2016-8 report, 2. MAR 2016-8 app & plat, 3. MAR 2016-8 staff report, 4. MAR 2016-8 minutes, 5. 00535770.pdf, 6. ORDINANCE - 095-2016 complete.pdf

Title

An Ordinance changing the zone from a Planned Shopping Center (B-6P) zone to a Planned Neighborhood Residential (R-3) zone, for 8.46 net (9.02 gross) acres; and from an Agricultural Urban (A-U) zone to a Planned Neighborhood Residential (R-3) zone for 2.90 net (3.26 gross) acres, for property located at 1850 Old Higbee Mill Rd. (Wynndale Development, LLC (AMD.); Council District 9).  Approval 9-1 OBJECTORS (To Be Heard By July 27, 2016) [Div. of Planning, Duncan]

Summary

[An Ordinance changing the zone from a Planned Shopping Center (B-6P) zone to a Planned Neighborhood Residential (R-3) zone, for 8.46 net (9.02 gross) acres; and from an Agricultural Urban (A-U) zone to a Planned Neighborhood Residential (R-3) zone for 2.90 net (3.26 gross) acres, for property located at 1850 Old Higbee Mill Road (a portion of). (Wynndale Development, LLC (AMD.); Council District 9). Approval 9-1 OBJECTORS (To Be Heard By July 27, 2016) [Div. of Planning, Duncan]

Body

WHEREAS, at a Public Hearing held on April 28, 2016 a petition for a zoning Ordinance map amendment for property located at 1850 Old Higbee Mill Road from a Planned Shopping Center (B-6P) zone to a Planned Neighborhood Residential (R-3) zone for 8.46 net (9.02 gross) acres; and from an Agricultural Urban (A-U) zone to a planned neighborhood residential (R-3) zone for 2.90 net (3.26 gross) acres, was presented to the Urban County Planning Commission; said Commission recommending conditional approval of the zone change by a vote of 9-1; 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 1850 Old Higbee Mill Road from a Planned Shopping Center (B-6P) zone to a Planned Neighborhood Residential (R-3) zone for 8.46 net (9.02 gross) acres; and from an Agricultural Urban (A-U) zone to a planned neighborhood residential (R-3) zone for 2.90 net (3.26 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.                     All lighting installed on the subject property shall be directed downward and away from any adjacent single-family residential zone.

b.                     A 10-foot landscape buffer shall be established along the improved right-of-way for Old Higbee Mill Road.  Within this landscape buffer, street trees shall be planted every 40’-45’ on center nearest any new residential structures, with a maximum of ten (10) trees.  Such trees May also count toward requirements of Article 18 of the Zoning Ordinance for vehicular screening.  

 

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