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File #: 0975-16    Version: 1 Name: Correction to Ordinance No. 114-2016
Type: Ordinance Status: Approved
File created: 8/19/2016 In control: Urban County Council
On agenda: 9/15/2016 Final action: 9/15/2016
Enactment date: 9/15/2016 Enactment #: O-161-2016
Title: An Ordinance to amend Ordinance No. 114-2016 to include conditional zoning restrictions which were inadvertently omitted from the final report from the Planning Commission and the Ordinance, and to add a new Section Two and renumber existing Sections Two and Three to Sections Three and Four to correct the omission. [Div. of Planning, Duncan]
Attachments: 1. MARV 2016-9 correction memo, 2. MARV 2016-9 final report - corrected, 3. 00546627.pdf, 4. ORDINANCE - 161-2016.pdf

Title

An Ordinance to amend Ordinance No. 114-2016 to include  conditional zoning restrictions which were inadvertently omitted from the final report from the Planning Commission and the Ordinance, and to add a new Section Two and renumber existing Sections Two and Three to Sections Three and Four to correct the omission. [Div. of Planning, Duncan]

Summary

Authorization to amend Ordinance No. 114-2016 to include the conditional zoning restrictions as recommended by the Planning Commission on April 28, 2016, for property located at 256 & 260 Lexington Avenue. This amendment will have no fiscal impact. (L0975-16) (Duncan/Paulsen)

Budgetary Implications: N/A

Advance Document Review:

                     Law: {Yes, Completed by Tracy Jones}

                     Risk Management: N/A

Fully Budgeted: N/A

Account Number:

This Fiscal Year Impact: N/A

Annual Impact: N/A

Project:

Activity:

Budget Reference:

Current Balance:

Body

                     WHEREAS, the Urban County Council passed a map amendment zoning Ordinance on June 16, 2016 to change the zone from a High Density Apartment (R-4) zone to a High Rise Apartment (R-5) zone for properties located at 256 & 260 Lexington Avenue; and

                     WHEREAS, the Ordinance inadvertently omitted conditional zoning restrictions which were recommended by the Planning Commission and included in the minutes from the Planning Commission hearing but inadvertently omitted from the final report of the Planning Commission: and

                     WHEREAS, the inadvertent omission of the conditional zoning restrictions should be included in the Ordinance but do not change the substance of the map amendment to the zoning Ordinance;

                     NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT:

                     Section 1 - That Ordinance No. 114-2016 be and hereby is amended to include the following as a new section two and to renumber existing sections two and three to section three and four as follows:

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 uses are prohibited on the subject property via conditional zoning:

 

a.                     Extended-stay hotels

b.                     Restaurants

c.                     Incidental retail use

 

`                     Section 3 - That the remainder of Ordinance No. 114-2016 is unchanged.

                     Section 4 - That this Ordinance shall become effective on the date of its passage.

 

                     PASSED URBAN COUNTY COUNCIL:

 

 

 

                                                                                                                                                                                                                                                                                 ___________________________________

                                                                                                                              MAYOR

 

ATTEST:

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CLERK OF URBAN COUNTY COUNCIL