Title
An Ordinance changing the zone from a Restricted Highway Service Business (B-3) zone to a Restricted Highway Service Business (B-3) zone with modified conditional zoning, for 16.4 net (20.68 gross) acres, for property located at 3801, 3901 and 3955 Harrodsburg Rd. (Fountains at Palomar; Council District 10). Approval 10-0 (To Be Heard By September 22, 2021) [Div. of Planning, Duncan]
Summary
[An Ordinance changing the zone from a restricted Highway Service Business (B-3) zone to a restricted Highway Service Business (B-3) zone with modified conditional zoning, for 16.4 net (20.68 gross) acres, for property located at 3801, 3901 and 3955 Harrodsburg Road, including a request for a conditional use permit. (FOUNTAINS AT PALOMAR: Council District 10). Approval 10-0 (To Be Heard By September 22, 2021) [Div. of Planning, Duncan]]
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WHEREAS, at a Public Hearing held on June 24, 2021, a petition for a zoning Ordinance map amendment for property located at 3801, 3901 and 3955 Harrodsburg Road from a restricted Highway Service Business (B-3) zone to a restricted Highway Service Business (B-3) zone with modified conditional zoning, for 16.4 net (20.68 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, 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 3801, 3901 and 3955 Harrodsburg Road from a restricted Highway Service Business (B-3) zone to a restricted Highway Service Business (B-3) zone with modified conditional zoning, for 16.4 net (20.68 gross) acres, 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 modified use and buffering restrictions shall apply via conditional zoning:
a. The following uses shall be prohibited:
1. Pawn shops.
2. Athletic club facilities greater than 6,000 square feet.
3. Mining of nonmetallic minerals.
4. Gasoline pumps available to the public with or without an attendant on site.
5. Adult arcades, massage parlors, adult bookstores and adult video stores.
6. Nightclubs.
7. Establishments and lots for the display, rental, sale, service, repair, minor repair of farm equipment, Contractor equipment, automobiles, motorcycles, trucks, boats, travel trailers, mobile homes or supplies for such items, except that there May be permitted an electric car dealership.
8. Billiard or pool halls; dancing halls, skating rinks; miniature golf or putting courses and bowling alleys.
9. Tattoo parlors.
10. Carnivals, special events, festivals and concerts.
11. Commercial farm markets and market gardens.
12. Self-service laundry.
b. The existing 10-foot tall fence behind the Harrods Village shops shall remain and the screening and buffering provisions for the rest of this subject property shall be as described and depicted on the preliminary development plan.
c. Free-standing signage shall be in accordance with Article 17 of the Zoning Ordinance and shall be limited to the signage shown on and approved by the Planning Commission on the final development plan.
d. Existing trees bordering the subject property shall be preserved except for deceased or dying trees and those trees which an adjoining owner agrees to be removed.
e. Building height on the site shall be restricted to one story, except for the hotel.
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:
0759-21:TWJ:X:\Cases\PLANNING\21-LE0001\LEG\00734759.DOCX