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File #: 0030-24    Version: 1 Name: PLN- MAR-23-00019: BLACK SOIL: OUR BETTER NATURE, LLC
Type: Ordinance Status: Approved
File created: 1/5/2024 In control: Urban County Council
On agenda: 1/23/2024 Final action: 1/23/2024
Enactment date: 1/23/2024 Enactment #: O-002-2024
Title: An Ordinance changing the zone from a Mixed Low Density Residential (R-2) Zone to a Neighborhood Business (B-1) Zone, for 0.15 net (0.17 gross) acres, for property located at 760 and 762 Florence Ave. (Black Soil: Our Better Nature, LLC; Council District 2). Approval 9-0 (To Be Heard by March 13, 2024) [Div. of Planning, Duncan]
Attachments: 1. 1-Final Report, 2. 2-Application, 3. 3-Justification Letter, 4. 4-LEGAL DESCRIPTION, 5. 5-Notification Map, 6. 6-Development Snapshot, 7. 7-Staff Report, 8. 8-December Minutes, 9. PLN-MAR-23-00019 Black Soil 4893-2930-2427 v.1.pdf, 10. O-002-2024

Title

An Ordinance changing the zone from a Mixed Low Density Residential (R-2) Zone to a Neighborhood Business (B-1) Zone, for 0.15 net (0.17 gross) acres, for property located at 760 and 762 Florence Ave. (Black Soil: Our Better Nature, LLC; Council District 2). Approval 9-0 (To Be Heard by March 13, 2024) [Div. of Planning, Duncan]

 

Summary

[An Ordinance changing the zone from a a Mixed Low Density Residential  (R-2) zone to a Neighborhood Business (B-1) zone, for 0.15 net (0.17 gross) acres, for properties located at 760 and 762 Florence Ave This application has a variance request to reduce the required property perimeter landscaping from 15 feet to 0 feet. (BLACK SOIL: OUR BETTER NATURE,LLC: Council District 2). Approval 9-0(To Be Heard by March 13, 2024) [Div. of Planning, Duncan]]

Body

WHEREAS, at a Public Hearing held on November 16, 2023 and December 14, 2023, a petition for a zoning Ordinance map amendment for property located at 760 and 762 Florence Ave. from a Mixed Low Density Residential (R-2) zone to a Neighborhood Business (B-1) zone, for 0.15 net (0.17 gross) acres, was presented to the Urban County Planning Commission; said Commission recommending conditional approval of the zone change 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 760 and 762 Florence Ave. from a Mixed Low Density Residential (R-2) zone to a Neighborhood Business (B-1) zone, for 0.15 net (0.17 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 conditional zoning restrictions shall apply to the subject properties:

The following uses shall be prohibited:

1.                      Funeral Homes

2.                     Rehabilitation Homes

3.                     Retail Sale of Beer, Wine or Liquor

4.                     Automobile Service Stations

5.                     Pawnshops

6.                     Short-Term Rental, Either Hosted or Un-Hosted

7.                     Retail Sale of Liquid Propane

8.                     Indoor Live Entertainment/Dancing as Accessory to Restaurant

9.                     Drive-Through Facilities

10.                     Adult Entertainment Establishments

These restrictions are necessary for the betterment of the neighborhood.

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

0030-24:TWJ:4893-2930-2427, v. 1