Title
An Ordinance changing the zone from a Planned Neighborhood Residential (R-3) zone to a Neighborhood Business (B-1) zone, for 0.9798 net and (1.0774 gross) acres, for property located at 417 East Maxwell St. including dimensional variances (Michler Florist, Inc.; Council District 3). Conditional Approval 9-0 OBJECTOR (To Be Heard By July 24, 2013) [Div. of Planning, King]
Summary
[An Ordinance changing the zone from a Planned Neighborhood Residential (R-3) zone to a Neighborhood Business (B-1) zone for 0.9798 net (1.0774 gross) acres, for property located at 417 East Maxwell Street, with dimensional variances, subject to certain use restrictions imposed as conditions of granting the zone change (Michler Florist, Inc.). Conditional Approval 9-0 (OBJECTOR) (To Be Heard by July 24, 2013) [Div. of Planning, King]]
Body
WHEREAS, at a Public Hearing held on April 25, 2013, a petition for a zoning ordinance map amendment for property located at 417 East Maxwell Street from a Planned Neighborhood Residential (R-3) zone to a Neighborhood Business zone, for 0.9798 net and (1.0774 gross) acres, was presented to the Urban County Planning Commission; said Commission recommending conditional approval of the zone change including dimensional variances 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 417 East Maxwell Street from a Planned Neighborhood Residential (R-3) zone to a Neighborhood Business (B-1) zone for 0.9798 net and (1.0774 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;
- Automobile service stations
- Tattoo parlors
- Miniatures golf courses
- Carnivals and Circuses, even on a temporary basis
- Drive-through facilities
- Research and development and testing laboratories or centers
- Indoor theaters
- Arcades, including pinball and electronic games
- Pawn shops
- Gasoline pumps
- Mining of non-metallic minerals
- Funeral parlors
- Hospitals
- Medical Offices and clinics
- Kindergartens, nursery schools and child care centers for four or more children
- Parking lots and structures, other than as an accessory use
- Rental of equipment whose retails sale would otherwise be permitted in a B-1 zone
- Minor Automobile repair
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