Newtown Pike Ordinance

ORDINANCE NO. 105-2009

            WHEREAS, there have been extensive and lengthy studies conducted by the partners in the Newtown Pike Extension Project (the “NPE Project”), including an Environmental Impact Statement (the “EIS”), Commercial Design and Property Access Standards, and the Southend Park Urban Village Plan; and

            WHEREAS, the NPE Project involves the connection or extension of Newtown Pike from West Main Street to South Broadway and the connection of a spur road (the “Scott Street Connector”) from the intersection of Newtown Pike Extended at Patterson Street to South Limestone Street; and

            WHEREAS, the purpose of the NPE Project combines neighborhood planning with roadway engineering to develop the new road as an amenity for the area and to support its high quality redevelopment, which includes improving flow of through traffic; drawing unnecessary traffic out of the downtown area; setting a combination of standards and guidelines governing public and private building construction; and improving access to the University of Kentucky central campus by a more efficient vehicular route, and reducing motor vehicle congestion in the downtown area; and

            WHEREAS, the EIS has been approved by the federal government, and the Kentucky Department of Transportation is preparing to commence right-of-way acquisition for the NPE Project; and

            WHEREAS, it is imperative to the success of the NPE Project to manage access to the new roadway and control certain design criteria of the nearby properties; and

            WHEREAS, this Council desires to increase traffic safety on the Newtown Pike Extension and the Scott Street Connector, improve traffic flow, provide access to adjacent development, control certain design criteria of nearby properties, and plan for the future of these roadways under the powers granted to this Urban County Government by the Constitution and laws of the United States and Commonwealth of Kentucky, including the police power;

            NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT:

            Section 1 – That it is the intent of this Council to increase traffic safety, improve traffic flow, provide for access to adjacent development and plan for the future of the Newtown Pike Extension and Scott Street Connector.

            Section 2 – That this Council hereby adopts the Newtown Pike Extension and Scott Street Connector Traffic Safety and Movement Plan (hereinafter referred to as the “Plan”), which consists of this Ordinance and the Map, marked as Exhibit “A”, which is attached hereto and incorporated herein by reference.

            Section 3 – That no permits be shall issued, no plans shall be approved, and no access shall be allowed by any agency, department, employee, or other agent or servant of this Government, except in conformance with the Plan. Only slight changes in location of up to thirty feet will be permitted to allow for engineering considerations.

            Section 4 – That all access roads which are indicated in the Plan and not yet constructed shall be dedicated to public use by the owner and/or developer, and it shall be the policy of this Government to encourage owners of access roads which have already been constructed to offer them for dedication to this Government.

            Section 5 – That when the Newtown Pike Extension and Scott Street Connector are fully developed as shown on the Plan, the only full median openings shall be at the locations shown on the Map, including the following intersections:

Fully Signalized Intersections

a. Newtown Pike Extension and Main Street;

b. Newtown Pike Extension and Manchester Street;

c. Newtown Pike Extension and Versailles Road;

d. Newtown Pike Extension and Patterson Street;

e. Newtown Pike Extension and Broadway; and

f. Scott Street Connector and Limestone Street

           Non-signalized intersections 

            a. Scott Street Connector and the existing Norfolk-Southern rail yard entrance (west side);

            b. Scott Street Connector and Magazine Street (east side);     

            c. Scott Street Connector and Chair Street (east side) and DeRoode Street (west side)

            Section 6 – That access shall be controlled for the Scott Street Connector from the intersection with Newtown Pike Extension to the new Broadway Street Bridge. Except as provided for in the Plan and this Ordinance, no additional entrances shall be permitted. Access to Scott Street from properties located between the Broadway Street Bridge and Limestone Street shall not be controlled, but shall be allowed by permit.

            Section 7 – That right turn-in/right turn-out access points will be located and constructed only at the following intersections with Newtown Pike Extension:

            a. Merino Street (northbound and southbound);

            b. Spring Street (northbound); and

            c. DeRoode Street between the Scott Street Connector and Broadway (southbound).

            Section 8 – That two additional right turn-in/right turn-out access points shall be included in the project. The first shall be a minimum of 200 feet south of the intersection of Newtown Pike Extension and Versailles Road (southbound), for the purpose of accessing the corner parcel (currently the Stop and Shop retail facility). The second shall be a minimum of 200 feet from the intersection of Newtown Pike Extension and West Main Street (northbound), for the purpose of accessing the corner parcel (currently the Salvation Army). The location of this right-in/right-out is to provide emergency vehicles to the rear of the building located on the site.

            Section 9 – That corner clearance for roadways and driveways intersecting with Newtown Pike Extension shall be considered. Corner clearance represents the minimum distance that should be required between an intersection and adjacent driveways. Driveways and entrances shall be located outside the functional area of the intersection (i.e., where turn lanes are located or where queues regularly exist). For minor approaches, such as Merino Street, driveways shall be located a minimum of 100 feet from the driving lane edge of Newtown Pike Extension.

            Section 10 – That all development within the NPE Design Area (which includes frontage properties shown on Exhibit "A" and any other property consolidated to a frontage property), excluding Single Family detached and Two-Family residential structures, shall require approval of a final development plan by the Planning Commission. There shall be no issuance of any building permit without approval and certification of the final development plan. Structures on the development plan shall be a minimum of two (2) stories in height and, in addition to the requirements of the Zoning Ordinance and Land Subdivision Regulations, shall comply with the standards and the guidelines in the Newtown Pike Extension Commercial Design and Property Access Standards dated May 11, 2007, which are incorporated herein by reference as if fully set out herein.

            Section 11 – That prior to the adoption of any amended ordinance that will alter the textual or graphic representation of this Ordinance, the Urban County Council shall receive a report from the Planning Commission outlining any concerns and/or recommendations.

            Section 12 – That the Mayor is authorized and directed, on behalf of the Urban County Government, to request assistance from the Commonwealth of Kentucky, including but not limited to, the Department of Transportation, in implementing the Plan through the closing of median openings; revoking or granting right turn-in/right turn-out access points as indicated in the Plan; installing traffic signals as indicated in the Plan; and through any other means to advance the intent of the Plan. The Mayor is also authorized and directed, on behalf of the Urban County Government, to request assistance from any other person or entity, including the United States Government, to implement the provisions of the Plan.

            Section 13 – That this Ordinance shall become effective on the date of passage.