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File #: 0976-14    Version: 1 Name: [ZOTA 2014-5]
Type: Ordinance Status: Approved
File created: 9/12/2014 In control: Urban County Council
On agenda: 10/9/2014 Final action: 10/9/2014
Enactment date: 10/9/2014 Enactment #: O-125-2014
Title: An Ordinance amending Article 23A of the Zoning Ordinance to allow a second building exceeding 50,000 square feet in size in the Community Center (CC) zone. (Urban County Planning Commission). Approval of the Staff Alternative Text 8-0 [Div. of Planning, King]
Attachments: 1. ZOTA 2014-5 report, 2. ZOTA 2014-5, 3. ZOTA 2014-5 CC Zone Revisions rev, 4. ZOTA 2014-5 minutes, 5. Ordinance 125-2014.pdf
Title
An Ordinance amending Article 23A of the Zoning Ordinance to allow a second building exceeding 50,000 square feet in size in the Community Center (CC) zone. (Urban County Planning Commission). Approval of the Staff Alternative Text 8-0  [Div. of Planning, King]
Summary
[An Ordinance amending Article 23A of the Zoning Ordinance to allow a second building exceeding 50,000 square feet in size in the Community Center (CC) zone. Approval of the Staff Alternative Text 8-0  [Div. of Planning, King]]
Body
WHEREAS, the Lexington-Fayette Urban County Planning Commission has considered a text amendment to Article 23A of the Zoning Ordinance to allow a second building exceeding 50,000 square feet in size in the Community Center (cc) zone; and
WHEREAS, the Planning Commission did hold a public hearing on this proposed text amendment on August 28, 2014; and
WHEREAS, the Planning Commission did recommend APPROVAL of the text amendment by a vote of 8-0; 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 by reference herein.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT:
Section 1 - That Article 23A of the Zoning Ordinance of the Lexington-Fayette Urban County Government is hereby amended to read as follows:
ZONING ORDINANCE
 
ARTICLE 23A EXPANSION ARES ZONING CATEGORIES AND RESTRICTIONS
  23A-9(k)    SPECIAL PROVISIONS
 
1.      At least 25% of the net developable acreage of any development within a CC zone shall be open space.
2.      At least 40% of the aggregated floor area of buildings within a development in a CC zone shall be devoted to residential uses as permitted in EAR-3; schools, churches and their accessory structures; and public buildings.
3.      No building shall exceed 20,000 square feet in floor area except:
a.      a building which contains a mix of residential and non-residential uses;
b.      a building designed and intended to be used for a school, church or public building
c.      a building is designed and intended to be used principally as a store selling food, produce and other grocery items (not primarily general merchandise) and not exceeding 80,000 square feet; and
d.      up to two additional buildings, which are designed and intended to be used primarily as stores selling general merchandise, which may include food, produce and other grocery items; but only under the following conditions:
 
1.      the proposed building shall be located within a CC zone containing at least 30 net contiguous acres, and that has frontage on an interstate interchange;
2.      the building shall be part of an integrated development governed for all contiguously zoned CC land (excluding right-of-way) by a single development plan; and
3.      only one of the additional buildings may exceed 80,000 square feet in size; and
4.      any building exceeding 80,000 square feet in size shall also adhere to the "Design Guidelines for 'Big-Box' Establishments," excluding guideline numbers 6 and 14, which are contrary to other provisions of the CC zone.  Such design guidelines shall be met unless waived by the Planning Commission through its approval of a final development plan.
e.      the maximum number of buildings permitted over 20,000 square feet by subsections c & d (above) shall be two.
 
4.      Parking areas shall be designed so as to minimize the placement of parking between the buildings and the adjoining streets.
5.      Each development within a CC zone shall have access to a pedestrian access way.
6.      Each development shall provide suitable facilities for the parking of bicycles.
7.      The development shall be screened from adjoining zones as for a business zone under Article 18-3(a)(1).
8.      Structures shall be sited to avoid the rear of the building facing a street (other than an alley) to the greatest extent practicable.
 
 
Section 2-That this Ordinance shall become effective on the date of its passage.
PASSED URBAN COUNTY COUNCIL:
 
 
 
 
                                                                        
MAYOR
 
ATTEST:
 
_________________________
Clerk of Urban County Council