Council to have final vote on HB 443 ZOTA + other HB 443 changes
A Lexington waste collection truck. Source: Empower Lexington 2023 Plan
This Thursday, Council will have a final vote of approval on the House Bill 443 Zoning Ordinance Text Amendment (ZOTA), which will revise development and planning regulations and processes in Lexington.
Council is unlikely to make any major changes to the ZOTA this week.
Why? If they do, they will have to give it First Reading again, and then give it another Second Reading before voting on it.
We have written a lot about how this ZOTA will change planning in Lexington. You can find all of our previous coverage of the HB 443 ZOTA here.
Separately from the ZOTA, HB 443 is causing LFUCG to make other changes to their regulations.
New environmental regulatory changes because of HB 443
In Tuesday’s Environmental Quality and Public Works (EQPW) Committee, the Division of Engineering and the Division of Waste Management will present changes to their guiding documents that come as a result of HB 443.
When developers submit a development plan, they have to include in that plan how the site will help stormwater flow into the City’s stormwater system without flooding the area. They also must place the dumpster on a site in a location that is secure and easy for garbage trucks to access.
Due to HB 443’s provisions requiring objective standards (applied ministerially), Engineering’s Stormwater Manual and Waste Management’s Dumpster regulations need minor revisions to replace vague or imprecise language with more measurable language.
The changes to the Stormwater Manual primarily address when developers may have to meet stricter regulations than are typically expected.
Currently, the Director of Engineering and the Planning Commission have the ability to require stricter stormwater regulations as they see fit.
However, under the revised language, they would only be allowed to impose stricter regulations if there is substantial evidence of a public health, safety, or welfare issue with the plan and the site.
Waste Management’s proposed changes primarily clarify existing standards around where a dumpster needs to be placed, how easy it is for a garbage truck to get to the dumpster, and how the area around the dumpster — including a fence/gate, landscaping, and more — are designed.
You can review the proposed changes starting on page 39 of this packet.
The Environmental Quality and Public Works Committee will meet on Tuesday, June 10th at 1pm in Council Chambers. You can attend in-person or watch live on LexTV.
