Title
An Ordinance changing the zone from a Neighborhood Business (B-1) zone to a Highway Service Business (B-3) zone, for 5.6686 net (6.8980 gross) acres, for property located at 2434 & 2450 Nicholasville Rd. (M.I.A. Brookhaven, LLC; Council District 4). Approval 9-0 (To Be Heard By May 27, 2015) [Div. of Planning, King]
Summary
[An Ordinance changing the zone from a Neighborhood Business (B-1) zone to a Highway Service Business (B-3) zone, for 5.6686 net (6.8980 gross) acres, for property located at 2434 & 2450 Nicholasville Road. (M.I.A. Brookhaven, LLC; Council District 4) Approval 9-0 (To Be Heard BY May 27, 2015) [Div. of Planning, King]
Body
WHEREAS, at a Public Hearing held on February 26, 2015 a petition for a zoning ordinance map amendment for property located at 2434 & 2450 Nicholasville Road from a Neighborhood Business (B-1) zone to a Highway Service Business (B-3) zone for 5.6686 net (6.8980 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 2434 & 2450 Nicholasville Road from a Neighborhood Business (B-1) zone to a Highway Service Business (B-3) zone for 5.6686 net (6.8980 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:
Prohibited Uses
a. Establishments for the display, rental, sale,, service, and minor repair of farm equipment, contractor equipment, automobiles, motorcycles, trucks, boats, travel trailers, mobile homes, or supplies for such items.
b. Garden Centers.
c. Kennels, animal hospitals, or clinics, including offices of veterinarians.
d. Carnivals.
e. Taxidermy establishments.
f. Adult arcades, massage parlors, adult bookstores, adult video stores, adult cabarets, adult dancing establishments, adult entertainment establishments, and sexual entertainment centers.
g. Retail sale of automotive parts with storage and distribution of inventory to other local establishments under the same ownership.
h. Outdoor live entertainment when located within 100 feet of a residential zone.
i. All conditional uses listed under Article 8-20(d) except:
1. Churches and Sunday schools.
2. Temporary structure designed for use or occupancy for 61 to 180 days per 12-month period on a single property, calculating said period by cumulative consideration for the use of any and all such structures on a single property.
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