Title
An Ordinance changing the zone from a Neighborhood Business (B-1) zone to a Highway Service Business (B-3) zone, for 2.589 net (3.030 gross) acres, for property located at 1949 Nicholasville Rd. and 145 Collins Ln.; imposing conditions upon approval that certain B-3 uses will be prohibited; the property shall be developed as a hotel in conformity with artist's renderings presented to the Planning Commission, the applicant shall reduce stormwater run-off from the property by fifty percent (50%); an eight (8)-foot solid wood fence with brick columns and evergreen trees shall be installed as screening, and the maximum height of the hotel to be constructed shall be four stories, and the applicant with place the conditional zoning provisions on the final development plan; and providing that should a hotel not be constructed the conditional zoning provisions shall not apply but applicant may develop the property solely pursuant to the restrictions of the B-1 zone. (Greer Nick Rd. LLC and Greer Nick Rd. II, LLC; Council District 3); Disapproval 7-3 OBJECTORS (To Be Heard By December 26, 2012) [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 2.589 net (3.03 gross) acres, for property located at 1949 Nicholasville Road & 145 Collins Lane. (Greer Nick Rd., LLC & Greer Nick Rd. II, LLC) Disapproval 7-3 OBJECTORS (To Be Heard By December 26, 2012) [Div. of Planning, King]]
Body
WHEREAS, at a Public Hearing held on September 27, 2012, a petition for a zoning ordinance map amendment for property located at 1949 Nicholasville Road and 145 Collins Lane from a Neighborhood Business (B-1) zone to a Highway Service Business (B-3) zone for 2.589 net (3.030 gross) acres, was presented to the Urban County Planning Commission; said Commission recommending disapproval of the zone change by a vote of 9-1; and
WHEREAS, this Council DISAGREES 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 1949 Nicholasville Road and 145 Collins Lane from a Neighborhood Business (B-1) zone to a Highway Service Business (B-3) zone for 2.589 net (3.030 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 which are conditions of granting the zone change:
1. The subject property shall be rezoned to B-3 except that the following B-3 uses shall be prohibited:
a. Establishments 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. Automobile service stations, subject to the conditions of Article 16.
c. Car washing establishments, provided that surface water from such use shall not drain onto adjacent property or over a public sidewalk, and that adequate on-site storage lanes and parking facilities shall be provided so that no public way shall be used for such purposes.
d. Indoor amusements, such as billiard or pool halls; dancing halls; skating rinks; theaters, or bowling alleys.
e. Self-service laundry, or laundry pick-up station, or clothes cleaning establishments of not more than forty (40) pounds capacity and using a closed-system process.
f. Garden centers.
g. Kennels, animal hospitals or clinics, including offices of veterinarians, provided that such structures or sues, not including accessory parking areas, shall be at least one hundred (100) feet from any residential zone.
h. Minor automobile and truck repair.
i. Carnivals on a temporary basis, and upon issuance of a permit by the Div. of Building Inspection, which may restrict the permit in terms of time, parking access or in other ways to protect public health, safety or welfare; or deny such if a public health, safety or welfare are adversely affected. A carnival may not displace more than twenty-five percent (25%) of the minimum required parking for the site it occupies.
j. Taxidermy establishments.
k. Pawnshops which: (1) were in operation prior to August 31, 1990 and in compliance with the provision of KRS 226.010 et seq. and Code of Ordinances, Sections 13-52 and 13-53; or (2) had on file with the Lexington-Fayette Urban County Government, prior to August 31, 1990, an application for a business license or certificate of occupancy.
l. Adult arcades, massage parlors, adult bookstores, adult video stores, adult cabarets, adult dancing establishments, adult entertainment establishments, and sexual entertainment centers, provided that none shall be located within a 50-foot radius of any agricultural or residential zone, any elementary or secondary school, any park attended by persons under 18 years of age, or within a 1,000-foot radius of any other similarly regulated adult business.
2. The property shall be developed in substantial conformity with the renderings of a Hampton Inn tendered to the Planning Commission. This is a voluntary condition to which the Applicant has publically agreed to be bound for itself and any future owners to the same extent as if said condition was set forth separately in an agreement with LFUCG.
3. The Applicant shall reduce the rate of stormwater run-off from the subject property by 50% as determined by the LFUCG Division of Engineering. This provision is also a voluntary condition offered by the Applicant during the hearing of this matter and to which the Applicant agrees that the subject property shall be bound as a condition of rezoning for itself and any future owners to the same extent as if said condition was set forth separately in an agreement with the LFUCG.
4. The Applicant shall install an 8-foot-tall solid wood fence with brick columns spaced every 32 feet between the subject property and the homes on Goodrich Avenue and to the west of the Applicant's property between its property and the car wash. Additionally, the Applicant shall install 12-foot evergreen trees every 10 feet on its property and on the Applicant's side of the wooden fence.
5. The maximum height of the hotel shall be 4 stories, as voluntarily agreed by the Applicant for itself and any future owners to the same extent as if said height requirement was set forth separately in an agreement with the LFUCG.
6. The Applicant has voluntarily agreed to place the conditional zoning provisions referenced in paragraphs 2 through 6 herein as Notes on the Final Development Plan to be approved by the Planning Commission.
7. Should the Applicant or subject property owner not build a hotel, then the conditional zoning provisions set out in paragraphs 2 through 7 herein shall not apply. In such a case, the Applicant or subject property owner shall be permitted to develop the property solely pursuant to the provisions of the B-1 Zoning Ordinance but shall not be obligated to comply with the conditions set out in paragraphs 2 through 7 herein.
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:
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