Title
An Ordinance changing the zone from a Single Family Residential (R-1D) zone to a Professional Office (P-1) zone for 0.99 net (1.19 gross) acres, with dimensional variances, for property located at 154, 158-162 N. Ashland Ave., subject to certain use restrictions imposed as conditions of granting the zone change (The Lexington Hearing & Speech Center, Inc.). Conditional Approval 5-2 OBJECTORS (To Be Heard by January 25, 2012) [Div. of Planning, King] PUBLIC HEARING
Summary
MARV 2011-12: The Lexington Hearing & Speech Center, Inc.
154 and 158-162 North Ashland Avenue
From: R-1D
To: P-1
Council District 3
Conditional Approval
5-2
OBJECTORS
To be heard by January 25, 2012
Body
WHEREAS, at a Public Hearing held on October 27, 2011, a petition for a zoning ordinance map amendment for property located at 154, 158-162 North Ashland Avenue, from a Single Family Residential (R-1D) zone to a Professional Office (P-1) zone for 0.99 net (1.19 gross) acres, with dimensional variances, was presented to the Urban County Planning Commission; said Commission recommending approval of the zone change; 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 154, 158-162 North Ashland Avenue, from a Single Family Residential (R-1D) zone to a Professional Office (P-1) zone for 0.99 net (1.19 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 subject property shall be restricted to only the following uses and their accessory uses as offered by the petitioner via conditional zoning:
a. Offices for business, professional, real estate, governmental, civic, social, fraternal, political and charitable organizations;
b. Schools for academic instruction;
c. Libraries, museums, art galleries, and reading rooms;
d. Studios for work or teaching of fine arts such as photography, music, drama, dance and theater;
e. Community centers, houses of worship and associated schools for religious instruction;
f. Kindergartens, nursery schools and child are centers for four or more children. A fenced and screened play area shall be provided, which shall contain not less than 25 square feet per child; and
g. Dwelling units on upper floors of structures in which the first floor is occupied by another permitted use in the P-1 zone, with no mixing of dwelling units on any floor.
Granting this zone change is conditional on imposing the restrictions, which are necessary and appropriate in order to maintain the same level, type, character and intensity of uses on the property in order to protect the adjoining residential properties from incompatible uses.
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: