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File #: 0940-24    Version: 1 Name: PLN-MAR-24-00011: BEVERLY A. CHEWNING
Type: Ordinance Status: Approved
File created: 9/13/2024 In control: Urban County Council
On agenda: 10/10/2024 Final action: 10/10/2024
Enactment date: 10/10/2024 Enactment #: O-105-2024
Title: An Ordinance changing the zone from a Single Family Residential (R-1C) zone to a Highway Service Business (B-3) zone, for 1.000 net (1.177 gross) acres, for property located at 2090 Harrodsburg Rd. (Beverly A. Chewning; Council District 10). Approval 10-0 (To Be Heard by November 20, 2024) [Div. of Planning, Duncan]
Attachments: 1. 1-Final Report, 2. 2-Application, 3. 3-Justification Letter, 4. 3-Supplemental Justification, 5. 3-2nd Supplemental Justification, 6. 4-Legal Description, 7. 5-Notification Map, 8. 6-Development Snapshot, 9. 7-Staff Report, 10. 7-Supplemental Staff Report, 11. 8-Minutes, 12. 0940-24 PLN-MAR 24-00011 Springhurst 4868-3618-2759 v.1.pdf, 13. O-105-2024

Title

An Ordinance changing the zone from a Single Family Residential (R-1C) zone to a Highway Service Business (B-3) zone, for 1.000 net (1.177 gross) acres, for property located at 2090 Harrodsburg Rd. (Beverly A. Chewning; Council District 10). Approval 10-0 (To Be Heard by November 20, 2024) [Div. of Planning, Duncan]

Summary

[An Ordinance changing the zone from a Single Family Residential (R-1C) to Highway Service Business (B-3), for 1.000 net (1.177 gross) acres for property located at 2090 Harrodsburg Road. (BEVERLY A. CHEWNING: Council District 10). Approval 10-0 (To Be Heard by November 20, 2024) [Div. of Planning, Duncan]]

Body

WHEREAS, at a Public Hearing held on August 22, 2024, a petition for a zoning ordinance map amendment for property located at 2090 Harrodsburg Road from a Single Family Residential (R-1C) zone to a Highway Service Business (B-3) zone for 1.000 net (1.177 gross) acres, was presented to the Urban County Planning Commission; said Commission recommending conditional approval of the zone change by a vote of 10-0; and

WHEREAS, the Urban County 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 2090 Harrodsburg Road from a Single Family Residential (R-1C) zone to a Highway Service Business (B-3) zone for 1.000 net (1.177 gross) acres, being more fully described in Exhibit “A” which is attached hereto and incorporated herein by reference.

Section 2 - That under the provisions of Article 6-7 of the Zoning Ordinance, the following conditional zoning restriction shall apply to the subject property:

A.                      The following uses shall be prohibited:

1.                     Miniature golf or putting courses.

2.                     Banquet Facilities.

3.                     Establishments and lots for the display and sale of farm equipment, contractor equipment, automobiles, motorcycles, trucks, boats, travel trailers, mobile homes, or supplies for such items.

4.                     Nightclubs.

5.                     Automobile and vehicle service stations and refueling stations, excluding electric vehicle (EV) charging facilities.

6.                     Automobile and truck repair.

7.                     Carnivals, special events, festivals and concerts.

8.                     Adult arcades, massage parlors, adult bookstores, adult video stores, adult cabarets, adult dancing establishments, adult entertainment establishments, and sexual entertainment centers.

9.                     Outdoor athletic facilities.

10.                      Amusement parks, fairgrounds, or horse racing tracks.

11.                      Outdoor theaters.

12.                      Outdoor recreational facilities.

13.                      Passenger transportation terminals.

14.                      Mining of non-metallic minerals.

15.                      The above- or below-ground storage of any flammable material in gaseous

form, including compressed natural gas.

16.                      Circuses.

17.                      Ecotourism activities.

18.                      Residential units.

B.                     Any building for eating and drinking establishments, drive-in restaurants, commissaries, micro-breweries, micro-distilleries, or wineries shall be located at least twenty-five (25) feet from any adjacent existing single-family zone.

 

C.                     A landscape buffer of at least fifteen (15) feet in width shall be provided along the boundary of the adjacent-existing single-family residential zone, with plantings as specified by Article 18-3(a)(1)2, along with a solid fence of a minimum of eight (8) feet in height.

 

D.                     Outdoor lighting shall be shielded and directed away from the adjacent existing single-family residential zone.  No outdoor lighting located within twenty-five (25) feet from the adjacent existing single-family residential zone shall exceed fifteen (15) feet in height.

 

E.                     Exterior amplification systems shall be directed away from the adjacent existing single-family residential zone.  Exterior amplification systems shall use modern noise reduction technology to the maximum extent feasible. No exterior amplification system shall create a nuisance to the adjacent existing single-family residential zone. No exterior amplification system shall amplify music during the hours of 8:00 P.M. to 8:00 A.M.

 

F.                     The maximum height of a building is reduced from seventy-five (75) feet maximum to a twenty-five (25) foot maximum when located within twenty-five (25) feet of the adjacent existing single-family home. 

 

These conditions are appropriate and necessary in order to ensure compatibility with the adjoining single-family residential uses within the Springhurst Neighborhood.

 

                     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:

0940-24:TWJ:4868-3618-2759, v. 1