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File #: 1178-22    Version: 1 Name: PLN- MAR-22-00013: NORTHYARD, LLC
Type: Ordinance Status: Approved
File created: 11/10/2022 In control: Urban County Council
On agenda: 12/6/2022 Final action: 12/6/2022
Enactment date: 12/6/2022 Enactment #: O-133-2022
Title: An Ordinance changing the zone from a Wholesale and Warehouse Business (B-4) zone to a Light Industrial (I-1) zone for 2.3827 net (2.5584 gross) acres, for property located at 101 and 109 W. Loudon Avenue. (Northyard, LLC; Council District 1). Conditional Approval 8-0-1(To Be Heard By January 25, 2023) [Div. of Planning]
Attachments: 1. 1- Final Report, 2. 2-Application, 3. 3-Justification, 4. 4- Legal Description, 5. 5-Plat, 6. 6-Staff Report, 7. 7-Minutes, 8. 00768472.pdf, 9. O-133-2022

Title

An Ordinance changing the zone from a Wholesale and Warehouse Business (B-4) zone to a Light Industrial (I-1) zone for 2.3827 net (2.5584 gross) acres, for property located at 101 and 109 W. Loudon Avenue. (Northyard, LLC; Council District 1). Conditional Approval 8-0-1(To Be Heard By January 25, 2023) [Div. of Planning]

Summary

[An Ordinance changing the zone a Wholesale and Warehouse Business (B-4) zone to a Light Industrial (I-1) zone, for 2.3827 net (2.5584 gross) acres, for property at 101 and 109 W. Loudon Ave., (NORTHYARD, LLC: Council District 1). Conditional Approval 8-0-1(To Be Heard By January 25, 2023) [Div. of Planning]]

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WHEREAS, at a Public Hearing held on October 27, 2022, a petition for a zoning ordinance map amendment for property located at 101 and 109 W. Loudon Avenue from a Wholesale and Warehouse Business (B-4) zone to a Light Industrial (I-1) zone for 2.3827 net (2.5584 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, the Urban County 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 101 and 109 W. Loudon Avenue from a Wholesale and Warehouse Business (B-4) zone to a Light Industrial (I-1) zone for 2.3827 net (2.5584 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.                     Prohibited Uses:

i.                     Self-storage warehousing.

ii.                     Tire retreading and recapping.

iii.                     Automobile service stations.

iv.                     Major automobile or truck repair.

v.                     Establishments for the display and sale of precut, prefabricated, or shell homes.

vi.                     Auto parts rebuilding.

vii.                     Box and crate assembly.

viii.                     Columbariums and crematories.

ix.                     Electric foundry.

x.                     Inflammable underground liquid storage.

xi.                     The processing of asbestos.

xii.                     The above-or-below-ground storage for resale of any flammable or nonflammable gas or oxidizer in liquid or gaseous form; the storage of any empty container that contained any gas in any form; and the receiving of or dispensing of any gas in any form, unless in association with an automobile and vehicle refueling station.

xiii.                     Establishment and lots for the display rental, sale and repair of farm equipment; contractor equipment; automobiles, truck , mobile home; boats, or supplies for such items.

xiv.                     Battery manufacturing.

xv.                     Public utility service yard.

xvi.                     Truck terminals and freight yards.

xvii.                     Shredding, sorting and balling paper scrap and storage of waste paper.

xviii.                      Recycling, sorting, bailing and processing of glass and nonferrous metals; building materials salvage.

xix.                     Penal or correctional institutions.

xx.                     Commercial composting.

 

These restrictions are appropriate and necessary to reduce the potential impact of more intense light industrial uses on the adjoining residential use, and to protect the integrity of the Royal Springs Aquifer.  

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:

1178-22:TWJ:X:\Cases\PLANNING\22-LE0003\LEG\00768472.DOCX