Title
An Ordinance changing the zone from a Medium Density Residential (R-4) zone to a Downtown Frame Business (B-2a) zone, for 2.003 net (2.716 gross) acres, for property located at 251-273 Maxwell St. (odd numbered addresses) and 256-271 Kalmia Ave. (even numbered addresses). (CS Acquisition Vehicle, LLC; Council District 3). Approval 8-2. (Public Hearing November 19, 2025 at 5:00 p.m.) [Div. of Planning, Duncan]
Summary
[A petition for a zone map amendment from a Medium Density Residential (R-4) zone to a Downtown Frame Business (B-2A) zone for 2.003 net (2.716 gross) acres for properties located at 251-273 Maxwell St (odd #s) 256-271 Kalmia Ave (even #s).]
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[Having considered the above matter on September 25, 2025, at a Public Hearing, and having voted 8-2 that this Recommendation be submitted to the Lexington-Fayette Urban County Council, the Urban County Planning Commission does hereby recommend CONDITIONAL APPROVAL of this matter for the following reasons:
1. The proposed Downtown Business Frame (B-2A) zone is in Agreement with the Imagine Lexington 2045 Comprehensive Plan’s Goals and Objectives, for the following reasons:
a. The request will help meet an increase in the demand for housing, particularly for University of Kentucky students (Theme A, Goal #1.b and #1.d; Theme A, Goal #2.a).
b. The request incorporates changes in the massing and height of the structure in order to transition into the scale of development currently present in the area (Theme A, Goal #2.b).
c. The request de-emphasizes single-occupancy vehicles by limiting parking on-site and providing for direct multi-modal connections to the University of Kentucky and the greater downtown area (Theme B, Goal #2.d).
2. The proposal is in Agreement with the Policies of the 2045 Comprehensive Plan for the following reasons:
a. The request meets the Multi-Family Design Standards (Theme A, Design Policy #3).
b. By creating a step down in height, the proposed structure is sensitive to the surrounding context (Theme A, Design Policy #4).
c. The proposal provides for additional residential density along a downtown corridor (Theme A, Density Policy #1 and #2).
3. The justification and corollary development plan are in Agreement with the Development Criteria of the 2045 Comprehensive Plan.
a. The proposed rezoning meets the criteria for Land Use, as the request significantly increases residential density along a downtown corridor (A-DN2-1; E-TS8-2).
b. The proposed rezoning meets the criteria for Transportation, Connectivity, and Walkability, as the request provides accessible links to transit (A-DS1-1), widens the sidewalks present on the site (ADS4-1 and ADS5-1), creates a walkable streetscape (A-DS5-2).
c. The request meets the criteria for Environmental Sustainability and Resiliency, as the request does not impact any environmentally sensitive areas (B-PR-2-1), and incorporates an integrated parking structure to reduce surface parking and impervious surface present with the development (B-SU4- 1).
d. The proposal meets the criteria for Site Design, as the development activates the streetscapes along all four sides (A-DS5-4), improves pedestrian connectivity in the area (C-LI8-1), limits on-site parking (C-PS10-2), and provides for Programmed open space (D-PL4-1).
e. The plan meets the majority of the criteria for Building Form, as the request meets the Multi-Family Design Standards (A-DS3-1), incorporates height transitions to better relate to the existing context of development further along Rose Street (A-DS4-2), and provides for active first-floor uses that improve the pedestrian experience on the site (A-DS5-3; D-PL2-1).
4. This recommendation of approval is subject to the following conditional zoning restrictions:
a. Under the provisions of Article 6-7 of the Zoning Ordinance, 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
b. The property shall be developed with a minimum of 100 dwelling units per acre.
These restrictions are necessary and appropriate in order to maintain the character of the E. Maxwell Street corridor, protect the adjoining residential uses, as well as meet the Comprehensive Plan’s goal of increasing the density of residential development in and near downtown, and along arterial corridors.
5. This recommendation is made subject to approval and certification of PLN-MJDP-25-00051: LYNDHURST SUBDIVISION, BLOCK C (THE HUB ON EAST MAXWELL) prior to forwarding a recommendation to the Urban County Council. This certification must be accomplished within two weeks of the Planning Commission’s approval.]
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WHEREAS, at a Public Hearing held on September 25, 2025, a petition for a zoning Ordinance map amendment for property located at 251-273 Maxwell Street (odd numbered addresses) and 256-271 Kalmia Ave. (even numbered addresses) from a Medium Density Residential (R-4) zone to a Downtown Frame Business (B-2A) zone, for 2.003 net (2.716 gross) acres, was presented to the Urban County Planning Commission; said Commission recommending conditional approval of the zone change by a vote of 8-2; 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 251-273 Maxwell Street (odd numbered addresses) and 256-271 Kalmia Ave. (even numbered addresses) from a Medium Density Residential (R-4) zone to a Downtown Frame Business (B-2A) zone, for 2.003 net (2.716 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 100 dwelling units per acre.
These restrictions are necessary and appropriate to maintain the character of the East Maxwell Street corridor, protect the adjoining residential use, and meet 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
0992-25:Tracy:4908-9485-8355, v. 1