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File #: 0032-24    Version: 1 Name: PLN-MAR-23-00016: STAVROFF LAND & DEVELOPMENT, INC
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-004-2024
Title: An Ordinance changing the zone from a Medium Density Residential (R-4) Zone to a Downtown Frame Business (B-2a) Zone, for 2.143 net (2.633 gross) acres, for property located at 201, 207, 209, 211, 215, 221, 225, 227, 231 and 235 East Maxwell St. and 245, 247 and 251 Stone Ave. (Stavroff Land & Development, Inc.; Council District 3). 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. 3-Supplement to Justification Letter (1), 5. 3-Supplement to Justification Letter (2), 6. 3-Supplement to Justification Letter (4), 7. 4-Legal Desription, 8. 5-Notification Map, 9. 6-Development Snapshot, 10. 7-Staff Report, 11. 7-PLN-MAR-23-00016 STAVROFF LAND AND DEVELOPMENT, INC SUPPLEMENTAL, 12. 8-Minutes, 13. 0032-24 PLN-MAR-23-00016 4863-5115-1515 v.1.pdf, 14. O-004-2024

Title

An Ordinance changing the zone from a Medium Density Residential (R-4) Zone to a Downtown Frame Business (B-2a) Zone, for 2.143 net (2.633 gross) acres, for property located at 201, 207, 209, 211, 215, 221, 225, 227, 231 and 235 East Maxwell St. and 245, 247 and 251 Stone Ave. (Stavroff Land & Development, Inc.; Council District 3). Approval 9-0 (To Be Heard By March 13, 2024) [Div. of Planning, Duncan]

 

Summary

[An Ordinance changing the zone from a Medium Density Residential (R-4) zone to a Downtown Frame Business (B-2A) zone, for 2.143 net (2.633 gross) acres for property located at 201, 207, 209, 211, 215, 221, 225, 227, 231, and 235 E. Maxwell Street, and 245, 247, and 251 Stone Ave (Stavroff Land and Development, Inc: Council District 3) Approval 9-0 (To Be Heard By March 13, 2024)[Div. of Planning, Duncan]

 

Body

WHEREAS, at a Public Hearing held on December 14, 2023, a petition for a zoning Ordinance map amendment for property located at 201, 207, 209, 211, 215, 221, 225, 227, 231 and 235 East Maxwell Street and 245, 247 and 251 Stone Ave. from a Medium Density Residential (R-4) zone to a Downtown Frame Business (B-2A) zone, for 2.143 net (2.633 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 201, 207, 209, 211, 215, 221, 225, 227, 231 and 235 East Maxwell Street and 245, 247 and 251 Stone Ave. from a Medium Density Residential (R-4) zone to a Downtown Frame Business (B-2A) zone, for 2.143 net (2.633 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 property:

1.                      The following uses shall be prohibited:

i.     Establishments for the display, rental or sale of automobiles, motorcycles, trucks and boats

II.                     Hotels and Motels

III.                     Wholesale establishments

iv.                     Minor automobile and truck repair

v.                     Establishments primarily engaged in the sale of supplies and parts for vehicles and farm equipment

vi.                     Drive-through facilities for sale of goods or products or provision of services otherwise permitted herein

vII.                     Automobile and vehicle refueling stations, and service stations

vIII.                     Adult entertainment establishments

ix.                     Stadium and exhibition halls

 

2.                     The property shall be developed with a minimum of 93 dwelling units per acre, or 200 dwelling units at this location.

 

These restrictions are necessary and appropriate in order to maintain the character of the E. Maxwell Street corridor, protect the adjoining residential use, as well as meeting the Comprehensive Plan’s goal of increasing the density of residential development in and near downtown, and along arterial corridors.    

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

0032-24:TWJ:4863-5115-1515, v. 1