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File #: 0938-22    Version: 1 Name: PLN-MAR-22-0011: Athens Property, LLC
Type: Ordinance Status: Approved
File created: 9/9/2022 In control: Urban County Council
On agenda: 9/22/2022 Final action: 9/22/2022
Enactment date: 9/22/2022 Enactment #: O-103-2022
Title: An Ordinance changing the zone from an Agricultural Rural (A-R) zone and a Single-Family Residential (R-1D) zone to a Neighborhood Business (B-1) zone for 5.6879 net (5.8494 gross) acres, for property located at 6270 Athens Walnut Hill Pike. (Athens Property, LLC; Council District 12). Approval 8-0 (To Be Heard By November 23, 2022) [Div. of Planning, Duncan]
Attachments: 1. 1-Final Report, 2. 2-Application, 3. 3-Justification, 4. 4-Development Snapshot, 5. 6-Notification Map, 6. 7-Staff report, 7. 7-Updated Staff Findings, 8. 7-Variance, 9. 8-Minutes, 10. 00765312.pdf, 11. O-103-2022

Title

An Ordinance changing the zone from an Agricultural Rural (A-R) zone and a Single-Family Residential (R-1D) zone to a Neighborhood Business (B-1) zone for 5.6879 net (5.8494 gross) acres, for property located at 6270 Athens Walnut Hill Pike. (Athens Property, LLC; Council District 12). Approval 8-0 (To Be Heard By November 23, 2022) [Div. of Planning, Duncan]

Summary

[An Ordinance changing the zone an Agricultural Rural (A-R) zone and a Single-Family Residential (R-1D) zone to a Neighborhood Business (B-1) zone, for 5.6879 net (5.8494 gross) acres, for property at 6270 Athens Walnut Hill Poke, including a request for a variance. (ATHENS PROPERTY, LLC: Council District 12). Approval 8-0 (To Be Heard By November 23, 2022) [Div.of Planning, Duncan]]

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WHEREAS, at a Public Hearing held on August 25, 2022, a petition for a zoning Ordinance map amendment for property located at 6270 Athens Walnut Hill Pike from an Agricultural Rural (A-R) zone and a Single-Family Residential (R-1D) zone to a Neighborhood Business (B-1) zone for 5.6879 net (5.8494 gross) acres, was presented to the Urban County Planning Commission; said Commission recommending conditional approval of the zone change 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 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 6270 Athens Walnut Hill Pike from an Agricultural Rural (A-R) zone and a Single-Family Residential (R-1D) zone to a Neighborhood Business (B-1) zone for 5.6879 net (5.8494 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 use restrictions are imposed via conditional zoning:

a.                     The following uses shall be prohibited:

i.                     Drive-through facilities.

ii.                     Research development and testing laboratories or centers.

iii.                     Medical and dental offices, clinics and laboratories.

iv.                     Telecommunication towers, satellite dishes, antennae and transmitters.

v.                     Data processing centers.

vi.                     Brew-pubs.

vii.                     Self-service laundry or laundry pick-up stations, including clothes cleaning establishments of not more than forty (40) pounds capacity and using a closed-system process.

viii.                     Automobile service stations.

ix.                     Parking lots and parking structures.

x.                     Repair of household appliances.

xi.                     Miniature golf or putting courses.

xii.                     Indoor theaters, with more than two (2) screens or stages.

xiii.                     Rental of equipment whose retail sale would be permitted in the B-1 zone.

xiv.                     Dwelling units.

xv.                     Animal grooming facilities.

xvi.                     Tattoo parlors.

xvii.                     Form-based neighborhood business project.

xviii.                     Day shelters.

xix.                     Extended stay hotels.

b.                      The following uses in excess of 500 square feet shall be prohibited:

i.Telephone exchanges, radio and television studios.

II.Quick copy services utilizing xerographic or similar processes, but not utilizing offset printing methods.

III.Computer Centers.

iv.Athletic club facilities.

v.Offices of veterinarians, animal hospitals or clinics.

These restrictions are appropriate and necessary to reduce the potential impact of the allowable uses on the Athens rural settlement.  

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:

0938-22:TWJ:X:\Cases\PLANNING\22-LE0003\LEG\00765312.DOCX