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File #: 0093-17    Version: 1 Name: [PLN-MAR-16-00017]
Type: Ordinance Status: Approved
File created: 1/24/2017 In control: Urban County Council
On agenda: 2/9/2017 Final action: 2/9/2017
Enactment date: 2/9/2017 Enactment #: O-016-2017
Title: An Ordinance changing the zone from a Highway Service Business (B-3) zone, with conditions, to a Highway Service Business (B-3) zone, with modified conditions, for 1.44 net (1.85 gross) acres, for property located at 3101 Wall Street (Haymaker Development Co., LLC; Council District 10). Approval 7-1 (To Be Heard By March 15, 2017) [Div. of Planning, Duncan]
Attachments: 1. Final Report, 2. Application, 3. Justification, 4. Map, 5. PLN-MAR-16-00017, 6. Minutes, 7. 00562720.pdf, 8. ORDINANCE - 016-2017 - Complete.pdf

Title

An Ordinance changing the zone from a Highway Service Business (B-3) zone, with conditions, to a Highway Service Business (B-3) zone, with modified conditions, for 1.44 net (1.85 gross) acres, for property located at 3101 Wall Street (Haymaker Development Co., LLC; Council District 10). Approval 7-1 (To Be Heard By March 15, 2017) [Div. of Planning, Duncan]

Summary

[An Ordinance changing the zone from a Highway Service Business (B-3) zone, with conditions to a Highway Service Business (B-3) zone, with modified conditions, for 1.44 net (1.85 gross) acres, for property located at 3101 Wall Street.  (Haymaker Development Co, LLC; Council District 10).  Approval 7-1 (To Be Heard By March 15, 2017) [Div. of Planning, Duncan]]

Body

WHEREAS, at a Public Hearing held on December 15, 2016 a petition for a zoning Ordinance map amendment for property located at 3101 Wall Street from a Highway Service Business (B-3) zone, with conditions, to a Highway Service Business (B-3) zone, with modified conditions, for 1.44 net (1.85 gross) acres, was presented to the Urban County Planning Commission; said Commission recommending conditional approval of the zone change by a vote of 7-1; 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 3101 Wall Street from a Highway Service Business (B-3) zone, with conditions, to a Highway Service Business (B-3) zone, with modified conditions, for 1.44 net (1.85 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 on the subject property via conditional zoning:

                                          

a.                     Establishment and lots 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.                     Indoor amusement, such as billiard or pool halls, dancing halls, skating rinks, miniature golf or putting courses, theatres, or bowling alleys.

 

c.                     Self-service laundry.

 

d.                     Shoe repair, clothing alteration, tailoring services and tattoo parlors.

 

e.                     Carnivals, even on a temporary basis.

 

f.                     Taxidermy establishments.

 

g.                     Pawnshops.

 

h.                     Commercial parking lots and structures, pay for parking.

 

i.                     Adult arcades, massage parlors, adult bookstores, adult video stores, adult cabarets, adult dancing establishments, adult entertainment establishments, and sexual entertainment centers.

 

j.                     Advertising signs (and billboards) as defined in Article 17-7(3)(b)(1) of the Zoning Ordinance.

 

k.                     Free-standing signs taller than 10’ in height.

 

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