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File #: 0379-23    Version: 1 Name: PLN-MAR-23-00003: BREAD AND ROSES, LLC
Type: Ordinance Status: Approved
File created: 4/5/2023 In control: Urban County Council
On agenda: 4/27/2023 Final action: 4/27/2023
Enactment date: 4/27/2023 Enactment #: O-040-2023
Title: An Ordinance changing the zone from a Professional Office (P-1) zone to a Neighborhood Business (B-1) zone, for 1.23 net (1.37 gross) acres, for property located at 446 East High Street. (Bread and Roses, LLC; Council District 3). Approval 7-0 (To Be Heard By June 21, 2023) [Div. of Planning, Duncan]
Attachments: 1. 1-Final Report, 2. 2-Application, 3. 3-Justification, 4. 4-Legal Description, 5. 5-Notification Map, 6. 6-Development Snapshot, 7. 7- BREAD AND ROSES Supplemental Staff Report, 8. 7-BREAD AND ROSES Staff Report, 9. 8-Bread and Roses Minutes, 10. 00779524.pdf

Title

An Ordinance changing the zone from a Professional Office (P-1) zone to a Neighborhood Business (B-1) zone, for 1.23 net (1.37 gross) acres, for property located at 446 East High Street. (Bread and Roses, LLC; Council District 3). Approval 7-0 (To Be Heard By June 21, 2023) [Div. of Planning, Duncan]

Summary

[An Ordinance changing the zone a Professional Office (P-1) zone to a Neighborhood Business (B-1) zone, for , for 1.23 net (1.37 gross) acres, for property located at 446 E High Street. (BREAD AND ROSES, LLC: Council District 3). Approval 7-0 (To Be Heard By June 21, 2023) [Div. of Planning, Duncan]]

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WHEREAS, at a Public Hearing held on March 23, 2023, a petition for a zoning Ordinance map amendment for property located at 446 East High Street from a Professional Office (P-1) zone to a Neighborhood Business (B-1) zone, for 1.23 net (1.37 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 446 East High Street from a Professional Office (P-1) zone to a Neighborhood Business (B-1) zone, for 1.23 net (1.37 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.                     Automobile service stations

II.                     Miniature golf courses

III.                     Carnivals and Circuses, even on a temporary basis

iv.                     Drive-through facilities

v.                     Pawn shops

vi.                     Gasoline pumps

vII.                     Mining of non-metallic minerals

vIII.                     Parking lots and structures, other than as an accessory use

ix.                     Rental of equipment whose retail sale would otherwise be permitted in a                      B-1 zone

x.                     Minor automobile repair

 

 

These restrictions are appropriate and necessary for the following reasons:

1.                     To protect the character of the Aylesford Park Historic area as well as the character of the High Street corridor.

2.                     The limitations of these uses also align with the applicant’s stated goals of providing a development that is oriented towards the existing neighborhood, rather than the traveling public.

3.                     These restrictions help ensure the site provides a safe pedestrian experience, and do not encourage auto-centric travel patterns.    

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:

0379-23:TWJ:X:\Cases\PLANNING\23-LE0001\LEG\00779524.DOCX