header-left
File #: 0170-17    Version: 1 Name: [PLN-MAR-16-00016: BALL HOMES, INC.]
Type: Ordinance Status: Second Reading
File created: 2/10/2017 In control: Urban County Council
On agenda: 4/18/2017 Final action: 4/18/2017
Enactment date: Enactment #: O-050-2017
Title: An Ordinance changing the zone from an Agricultural Urban (A-U) zone to a Planned Neighborhood Residential (R-3) zone, for 67.58 net (67.65 gross) acres, and to a High Density Apartment (R-4) zone, for 22.01 net (22.18 gross) acres, for properties located at 478 and 480 Squires Rd. (Ball Homes, Inc.; Council District 7). Approval 8-1 OBJECTORS (To Be Heard By April 26, 2017) [Div. of Planning, Duncan] Public Hearing on April 18, 2017 at 5:00 p.m.
Attachments: 1. FInal report, 2. Application, 3. Legal description, 4. Penninsula+Notification+Map, 5. PLN-MAR-16-00016, 6. PLN-MAR-16-00016_SUPPLEMENTAL STAFF REPORT, 7. Minutes, 8. 00572974.pdf, 9. ORDINANCE - 050-2017 - complete.pdf

Title

An Ordinance changing the zone from an Agricultural Urban (A-U) zone to a Planned Neighborhood Residential (R-3) zone, for 67.58 net (67.65 gross) acres, and to a High Density Apartment (R-4) zone, for 22.01 net (22.18 gross) acres, for properties located at 478 and 480 Squires Rd.  (Ball Homes, Inc.; Council District 7).   Approval 8-1 OBJECTORS (To Be Heard By April 26, 2017) [Div. of Planning, Duncan] Public Hearing on April 18, 2017 at 5:00 p.m.

Summary

[An Ordinance changing the zone from an Agricultural Urban (A-U) zone to a Planned Neighborhood Residential (R-3) zone, for 67.58 net (67.65 gross) acres, and to a High Density Apartment (R-4) zone, for 22.01 net (22.18 gross) acres, for properties located at 478 and 480 Squires Road. (Ball Homes, Inc.; Council District 7) Conditional Approval 8-1 OBJECTORS (To Be Heard By April 26, 2017) [Div. of Planning, Duncan]]

Body

WHEREAS, at a Public Hearing held on January 26, 2017 a petition for a zoning Ordinance map amendment for property located at 478 and 480 Squires Road from an Agricultural-Urban (A-U) zone to a Neighborhood Residential (R-3) zone for 67.58 net (67.65 gross) acres, and to a High Density Apartment (R-4) zone, for 22.01 net (22.18 gross) acres, was presented to the Urban County Planning Commission; said Commission recommending conditional approval of the zone change by a vote of 8-1; 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 478 and 480 Squires Road from an Agricultural-Urban (A-U) zone to a Neighborhood Residential (R-3) zone for 67.58 net (67.65 gross) acres, and to a High Density Apartment (R-4) zone, for 22.01 net (22.18 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 restrictions as conditions of Granting the zone change:

                     Under the provisions of Article 6-7 of the Zoning Ordinance, the following restriction is proposed for the subject property via conditional zoning:

                                          

a.                     Along the boundary of the subject property which is shared with Kentucky American Water (Reservoir #4), there shall be a twenty-five (25) foot landscape buffer area established from the zone change boundary.  Within the buffer area: 

 

(1)                     All structures, including accessory structures, fences and play structures shall be prohibited;

(2)                     Existing trees with a 3” caliper, or greater, shall be preserved, except for dead, diseased, hazardous trees or invasive species;

(3)                     All other trees May be removed only with the written consent of the Division of Environmental Services, if deemed to be necessary for the overall health of this environmentally sensitive area.

 

The restriction is appropriate and necessary for the subject

property in order to more fully protect the adjacent reservoir and

to more fully implement the principles of the 2013

Comprehensive Plan:

 

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