Title
An Ordinance changing the zone from a Highway Service Business (B-3) zone to a Light Industrial (I-1) zone for 0.823 net (1.037 gross) acres, for property located at 1793 Atoma Dr. (Goodwill Industries of Ky., Inc.; Council District 2). Approval 9-0 (To Be Heard By May 24, 2023) [Div. of Planning, Duncan]
Summary
[An Ordinance changing the zone an Highway Service Business (B-3) zone to a Light Industrial (I-1) zone, for 0.823 net (1.037 gross) acres, for property located at 1793 Atoma Drive (a portion of).(GOODWILL INDUSTRIES of KENTUCKY, INC: Council District 2). Approval 9-0 (To Be Heard By May 24, 2023)[Div. of Planning, Duncan]]
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WHEREAS, at a Public Hearing held on February 23, 2023, a petition for a zoning Ordinance map amendment for property located at 1793 Atoma Drive from a Highway Service Business (B-3) zone to a Light Industrial (I-1) zone for 0.823 net (1.037 gross) acres, 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, the Urban County 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 1793 Atoma Drive from a Highway Service Business (B-3) zone to a Light Industrial (I-1) zone for 0.823 net (1.037 gross) acres, being more fully described in Exhibit “A” which is attached hereto and incorporated herein by reference.
Section 2 - That under the provisions of Article 6-7 of the Zoning Ordinance, the following use restrictions are imposed via conditional zoning:
a. Prohibited Uses:
i. Self-storage warehousing.
ii. Billboards.
iii. Outdoor storage.
iv. All above ground and underground storage tanks.
v. On-site disposal of any hazardous waste materials.
vi. Mining of non-metallic minerals and/or radium extraction.
These restrictions are appropriate and necessary for the following reasons:
1. To protect the appearance of the Georgetown corridor as a gateway into Lexington, while promoting employment that is appropriate along Lexington’s freight corridor.
2. The Planning Commission has adopted a Wellhead Protection Plan for the Royal Spring Aquifer, which sets forth a plan to ensure a continual source of potable groundwater from Royal Spring for Georgetown and Scott County, and to preserve the integrity of surface waters. This plan has been adopted by both the Planning Commissions of Fayette and Scott Counties, and has most recently been approved by the Kentucky Division of Water on 8/28/03.
3. The proposed restrictions within the Wellhead Protection Area will better protect the surface and groundwater in the area by prohibiting some uses and requiring “best management practices” for other uses that could potentially be harmful to the wellhead, thus ensuring greater compliance with the Royal Spring Wellhead Protection Plan.
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:
0317-23:TWJ:X:\Cases\PLANNING\23-LE0001\LEG\00777523.DOCX