Title
An Ordinance changing the zone from a Single Family Residential (R-1D) zone to a Wholesale and Warehouse Business (B-4) zone, for 0.20 net (0.32 gross) acre, for property located at 2853 Liberty Rd. (Dr. Michael Gentry; Council District 6). Approval 9-0 (To Be Heard By September 26, 2018) [Div. of Planning, Duncan]
Summary
[An Ordinance changing the zone from a Single Family Residential (R-1D) zone to a Wholesale and Warehouse Business (B-4) zone, for 0.20 net (0.32 gross) acre, for property located at 2853 Liberty Road, including a request for a conditional use permit. (DR. MICHAEL GENTRY: Council District 6). Approval 9-0 (To Be Heard By September 26, 2018) [Div. of Planning, Duncan]]
Body
WHEREAS, at a Public Hearing held on June 28, 2018 a petition for a zoning Ordinance map amendment for property located at 2853 Liberty Road from a Single Family Residential (R-1D) zone to a Wholesale and Warehouse Business (B-4) zone, for 0.20 net (0.32 gross) acre, was presented to the Urban County Planning Commission; said Commission recommending conditional approval of the zone change 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 2853 Liberty Road from a Single Family Residential (R-1D) zone to a Wholesale and Warehouse Business (B-4) zone, for 0.20 net (0.32 gross) acre, 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 restrictions shall apply to the subject property via conditional zoning:
PROHIBITED USES
a. Shops of special trade and general Contractors, such as plumbing; heating; carpentry; masonry; painting; publishing; lithographing; engraving; electrical; major automobile and truck repairing; sign painting; upholstering; tile, mosaic and terrazzo work; electroplating; interior decorating.
b. Laundry, clothes cleaning or dyeing shop.
c. Ice plant.
d. Tire re-treading and recapping.
e. Machine shop.
f. Offices of purchases, processors and handlers of agricultural products.
g. Establishments and lots for the display, rental and repair of farm equipment, Contractor equipment, automobiles, trucks, mobile homes, recreational vehicles such as mini-bikes, motorcycles, bicycles, boats or supplies for such items.
h. Truck terminals and freight yards.
i. Automobile service stations.
j. Major or minor automobile and truck repair.
k. Establishments for the display and sale of precut, prefabricated or shell homes.
l. Circuses and carnivals.
m. Retail sale of building materials and lumber.
n. Pawnshops.
These restrictions are appropriate and necessary for the subject property since they were volunteered by the original zone change applicant and will be consistent with such zone; and since they will provide greater protection for the adjacent residences and Local Historic District surrounding this location.
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