Title
An Ordinance changing the zone from a Planned Neighborhood Residential (R-3) zone, to a Neighborhood Business (B-1) zone for 0.8108 net (1.0549 gross) acres; and from a Professional Office (P-1) zone to a Neighborhood Business (B-1) zone, for 0.7561 net (0.8127 gross) acres, for properties located at 1009 and 1017 Wellington Way. (RTA Family Trust, Royce G. Pulliam, Trustee; Council District 10) Conditional Approval 8-1 OBJECTORS (To Be Heard By March 19, 2014) [Div. of Planning, King] PUBLIC HEARING TO BE HELD FEBRUARY 11, 2014, 5:00 P.M.
Summary
[An Ordinance changing the zone from a Planned Neighborhood Residential (R-3) zone to a Neighborhood Business (B-1) zone for 0.8108 net (1.0549 gross) acre; and from a Professional Office (P-1) zone to a Neighborhood Business (B-1) zone, for 0.7561 net (0.8127 gross) acre, for properties located at 1009 and 1017 Wellington Way, subject to certain use restrictions imposed as conditions of granting the zone change. A dimensional variance was also requested with this zone change. (RTA Family Trust, Royce G. Pulliam, Trustee). Conditional Approval 8-1 OBJECTORS (To Be Heard By March 19, 2014) [Div. of Planning, King]]
Body
WHEREAS, at a Public Hearing held on December 19, 2013, a petition for a zoning ordinance map amendment for properties located at 1009 and 1017 Wellington Way from a Planned Neighborhood Residential (R-3) zone, to a Neighborhood Business (B-1) zone for 0.8108 net (1.0548 gross) acres; and form a Professional Office (P-1) zone to a Neighborhood Business (B-1) zone, for 0.7561 net (0.8127 gross) acres, was presented to the Urban County Planning Commission; said Commission recommending conditional approval of the zone change by a vote of 8-1; 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 1009 and 1017 Wellington Way from a Planned Neighborhood Residential (R-3) zone, to a Neighborhood Business (B-1) zone for 0.8108 net (1.0548 gross) acres; and form a Professional Office (P-1) zone to a Neighborhood Business (B-1) zone, for 0.7561 net (0.8127 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 use of the subject property shall be restricted as follows:
PROHIBITED USES
a. Automobile service stations.
b. Repair of household appliances.
c. Retail sale of plant, nursery or greenhouse products.
d. Miniature golf or putting courses.
e. Carnivals.
f. Arcades, including pinball and electronic games.
g. Banquet facilities.
h. Rental of equipment whose retail sale is permitted in the B-1 zone.
i. Outdoor live entertainment, cocktail lounges, brew-pubs or nightclubs.
j. Upholstery shops.
k. Circuses.
l. Automobile and truck refueling stations.
OTHER USE RESTRICTIONS
a. Retail sales and other uses first permitted in the B-1 zone shall be limited to the first floor of the structure.
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: