Title
An Ordinance changing the zone from a Highway Service Business (B-3) zone with conditional zoning restrictions, to a Highway Service Business (B-3) zone with modified conditional zoning restrictions, for 9.92 net (13.62 gross) acres, for properties located at 950, 960, 961, 973 & 980 Midnight Pass; 3101 Wall St.; and 3052 & 3084 Beaumont Centre Cir. (Haymaker Development Co., LLC; Council District 10). Conditional Approval 10-0 (To Be Heard By November 26, 2014) [Div. of Planning, King]
Summary
[An Ordinance changing the zone from a Highway Service Business (B-3) zone with conditional zoning restrictions to a Highway Services Business (B-3) with modified conditional zoning restrictions for 9.92 net (13.62 gross) acre, for property located at 950, 960, 961, 973 & 980 Midnight Pass; 3101 Wall Street; and 3052 & 3084 Beaumont Centre Circle, subject to certain use restrictions imposed as conditions of granting the zone change (Haymaker Development Col, LLC; Council District 10). Conditional Approval 10-0 (To Be Heard By November 26, 2014) [Div. of Planning, King]]
Body
WHEREAS, at a Public Hearing held on August 28, 2014, a petition for a zoning ordinance map amendment for property located at 950, 960, 961, 973 & 980 Midnight Pass; 3101 Wall Street; and 3052 & 3084 Beaumont Centre Circle from a Highway Business (B-3) zone with conditional zoning restrictions to a Highway Service Business (B-3) zone with modified conditional zoning restrictions for 9.92 net (13.62 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 950, 960, 961, 973 & 980 Midnight Pass; 3101 Wall Street; and 3052 & 3084 Beaumont Centre Circle from a Highway Business (B-3) zone with conditional zoning restrictions to a Highway Service Business (B-3) zone with modified conditional zoning restrictions for 9.92 net (13.62 gross) acres; 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:
a. Establishments and lots for the display, rental, sale, service, and minor repair of farm equipment, contractor equipment, automobiles, motorcycles, trucks, boats, travel trailors, mobile homes, or supplies for such.
b. Indoor amusements, such as billiard or pool halls, dancing halls, skating rinks, miniature golf or putting courses, theatres, or bowling.
c. Self-service laundry.
d. Shoe repair, clothing alteration, tailoring services and tattoo parlors.
e. Carnivals, even on a temporary basis.
f. Taxidermy establishments.
g. Pawnshop.
h. Parking lots and structures.
i. Adult arcades, massage parlors, adult bookstores, adult video stores, adult cabarets, adult dancing establishments, adult entertainment establishments, and sexual entertainment centers.
j. Advertising signs (and billboards) as defined in Article 17-7(3)(b)(1) of the Zoning Ordinance.
k. Free-standing signs taller than 10' 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