Title
An Ordinance changing the zone from a Two Family Residential (R-2) zone to a Neighborhood Business (B-1) zone, for 0.37 net (0.52 gross) acre, for property located at 834 & 838 W. Maxwell Street and 412 Cross Street; and from a High Density Apartment (R-4) zone to a Neighborhood Business (B-1) zone, for 1.53 net (1.90 gross) acres, for property located at 701-731 Pine Street (odd addresses only) and a portion of 420 Cross Street. (ABD Holdings, LLC & Earthman, LLC; Council District 3). Approval 7-0 OBJECTORS (To Be Heard By August 24, 2017) [Div. of Planning, Duncan]
Summary
[An Ordinance changing the zone from a Two Family Residential (R-2) zone to a Neighborhood Business (B-1) zone, for 0.37 net (0.52 gross) acres, for property located at 834 & 838 W. Maxwell Street and 412 Cross Street; and from a High Density Apartment (R-4) zone to a Neighborhood Business (B-1) zone, for 1.53 net (1.90 gross) acres, for property located at 701-731 Pine Street (odd addresses only) and a portion of 420 Cross Street. (ABD HOLDINGS, LLC & EARTHMAN, LLC: Council District 3). Approval 7-0 OBJECTORS (To Be Heard By August 24, 2017) [Div. of Planning, Duncan]]
Body
WHEREAS, at a Public Hearing held on May 25, 2017 a petition for a zoning Ordinance map amendment for property located at 834 & 838 W. Maxwell Street and 412 Cross Street Drive from a Two Family Residential (R-2) zone to a Neighborhood Business (B-1) zone for 0.37 net (0.52 gross) acre; and for property located at 701 -731 Pine Street (odd addresses only) and a portion of 420 Cross Street from a High Density Apartment (R-4) zone to a Neighborhood Business (B-1) zone, for 1.53 net (1.90 gross) acres was presented to the Urban County Planning Commission; said Commission recommending conditional approval of the zone change by a vote of 7-0; 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 834 & 838 W. Maxwell Street and 412 Cross Street Drive from a Two Family Residential (R-2) zone to a Neighborhood Business (B-1) zone for 0.37 net (0.52 gross) acre; and for property located at 701-731 Pine Street (odd addresses only) and a portion of 420 Cross Street from a High Density Apartment (R-4) zone to a Neighborhood Business (B-1) zone for 1.53 net (1.90 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 uses shall be prohibited for the subject property via conditional zoning:
a. Drive-through windows.
b. Automobile service stations; automobile and vehicle refueling stations; and gasoline pumps.
c. Carnivals, festivals and concerts.
d. Funeral homes.
These restrictions are appropriate because they will limit inappropriate uses within or nearby a local historic district located near downtown Lexington.
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