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File #: 0341-16    Version: 2 Name: [MARV 2016-4]
Type: Ordinance Status: Approved
File created: 3/25/2016 In control: Urban County Council
On agenda: 5/10/2016 Final action: 5/10/2016
Enactment date: 5/10/2016 Enactment #: O-063-2016
Title: An Ordinance changing the zone from a Professional Office (P-1) zone to a Neighborhood Business (B-1) zone, for 0.95 net (1.25 gross) acres; and from Planned Neighborhood Residential (R-3) zone to a Professional Office (P-1) zone, for 0.25 net (0.29 gross) acre, for property located at 3600 Palomar Centre Drive and 2101 Palomar Trace Drive (a portion of ), including a dimensional variance (Solar Eclipse, LLC; Council District 10). Approval 6-1 OBJECTORS (To Be Heard By May 25, 2016) [Div. of Planning, Duncan] PUBLIC HEARING to be held on May 10, 2016 at 6:00 P.M.
Attachments: 1. MARV 2016-4 rep, 2. MARV 2016-4, 3. MAR 2016-4, 4. MARV 2016-4 min, 5. 00528658.pdf, 6. ORDINANCE - 063-2016 complete.pdf

Title

An Ordinance changing the zone from a Professional Office (P-1)  zone to a Neighborhood Business (B-1) zone, for 0.95 net (1.25 gross) acres; and from Planned Neighborhood Residential (R-3) zone to a Professional Office (P-1) zone, for 0.25 net (0.29 gross) acre, for property located at 3600 Palomar Centre Drive and 2101 Palomar Trace Drive (a portion of ), including a dimensional variance (Solar Eclipse, LLC; Council District 10).  Approval 6-1 OBJECTORS (To Be Heard By May 25, 2016) [Div. of Planning, Duncan] PUBLIC HEARING to be held on May 10, 2016 at 6:00 P.M.

Summary

[An Ordinance changing the zone from a Professional Office (P-1) zone to a Neighborhood Business (B-1) zone, for 0.95 net (1.25 gross) acres; and from a Planned Neighborhood Residential (R-3) zone to a Professional Office (P-1) zone, for 0.25 net (0.29 gross) acre for property located at 3600 Palomar Centre Drive and 2101 Palomar Trace Drive (a portion of), including a dimensional variance request. (Solar Eclipse, LLC; Council District 10). Approval 6-1 OBJECTORS (To Be Heard By May 25, 2016) [Div. of Planning, Duncan]]

Body

WHEREAS, at a Public Hearing held on February 25, 2016, a petition for a zoning ordinance map amendment for property located at 3600 Palomar Centre Drive and 2101 Palomar Trace Drive from a Professional Office (P-1) zone to a Neighborhood Business (B-1) zone for 0.95 net (1.25 gross) acres; and from a Planned Neighborhood Residential (R-3) zone to a Professional Office (P-1) zone, for 0.25 net (0.29 gross ) acre, was presented to the Urban County Planning Commission; said Commission recommending conditional approval of the zone change including a dimensional variance by a vote of 6-1; 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 3600 Palomar Centre Drive and 2101 Palomar Trace Drive from a Professional Office (P-1) zone to a Neighborhood Business (B-1) zone for 0.95 net (1.25 gross) acres; and from a Planned Neighborhood Residential (R-3) zone to a Professional Office (P-1) zone, for 0.25 net (0.29 gross ) acre, 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:

 

 

Prohibited Uses

1.                     Automobile service stations. 

2.                     Retail sale of plant, nursery or greenhouse products.

3.                     Miniature golf or putting courses.

4.                     Carnivals and circuses.

5.                     Arcades, including pinball and electronic games.

6.                     Rental of equipment whose retail sale is permitted in the B-1 zone.

7.                     Automobile and vehicle refueling stations.

8.                     Retail sale of convenience products (i.e., convenience stores).

 

                     Other Use Restrictions

1.                     Any free-standing sign shall be a maximum of ten (10) feet in height.

2.                     Any outdoor lighting shall be shielded and directed away from any residential zone.  Lighting attached to a pole or any structure shall be a maximum of twenty (20) feet in height.

 

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