Title
An Ordinance changing the zone from an Agricultural Urban (A-U) zone to a Mixed-Use Community (MU-3) zone, for 49.17 net (54.73 gross) acres; and from a Single Family Residential (R-1D) zone to a Mixed-Use Community (MU-3) zone, for 0.65 net (0.82 gross) acres; for property located at 4100 Nicholasville Rd. and 104, 108 and 112 E. Tiverton Way, including dimensional variances (Bayer Properties, LLC; Council District 9). Conditional Approval 9-0 OBJECTORS (To Be Heard By September 25, 2013) [Div. of Planning, King] PUBLIC HEARING
Summary
[An Ordinance changing the zone from an Agricultural Urban (A-U) zone to a Mixed-Use Community (MU-3) zone for 49.17 net (54.73 gross) acres; and from a Single Family Residential (R-1D) zone to a Mixed-Use Community (MU-3) zone for 0.65 net (0.82 gross) acre, for property located at 4100 Nicholasville Road and 104, 108, and 112 East Tiverton Way, subject to certain use restrictions imposed as conditions of granting the zone change. Dimensional variances are also requested with this zone change. (Bayer Properties, LLC (Amd. #2) Conditional Approval 9-0 OBJECTORS (To Be Heard By September 25, 2013) [Div. of Planning, King]]
Body
WHEREAS, at a Public Hearing held on June 27, 2013, a petition for a zoning ordinance map amendment for property located at 4100 Nicholasville Road from an Agricultural Urban (A-U) zone to a Mixed-Use Community (MU-3) zone for 49.17 net (54.73 gross) acres; and for property located at 104, 108 and 112 East Tiverton Way from a Single Family Residential (R1-D) zone to a Mixed-Use Community (MU-3) zone for 0.65 net and (0.83 gross) acres, was presented to the Urban County Planning Commission; said Commission recommending conditional approval of the zone change including dimensional variances by a vote of 9-0; 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 4100 Nicholasville Road from an Agricultural Urban (A-U) zone to a Mixed-Use Community (MU-3) zone for 49.17 net (54.73 gross) acres; and for property located at 104, 108 and 112 East Tiverton Way from a Single Family Residential (R1-D) zone to a Mixed-Use Community (MU-3) zone for 0.65 net and (0.83 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:
a. Within 75 feet of any single family residential use, no commercial or business use shall be permitted
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