HomeMy WebLinkAbout2020-08-8649ORDINANCE NO. 2020-8-8649
AN ORDINANCE AMENDING SECTION 126-176
OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH,
KENTUCKY, TO PROVIDE FOR AN ALTERNATIVE REZONING
APPROVAL PROCESS, RENAMING OF THE SECTION,
EXPANDING NOTICE REQUIREMENTS, AND REORDERING
AND RENUMBERING OF THE SECTION
WHEREAS, this Ordinance amends Section 126-176 of the Code of Ordinances of the
City of Paducah, Kentucky; and
WHEREAS, any change to the text of the zoning code must be referred to the Planning
Commission before adoption and considered in accordance with KRS 100-211; and
WHEREAS, a public hearing was held on July 20, 2020 by the Paducah Planning
Commission after advertisement pursuant to law; and
WHEREAS, KRS 100-2111 provides for an alternative rezoning approval process used
successfully by other jurisdictions that implements the Planning Commission decision
automatically unless an interested party requests in writing within 21 days for the application to
be heard by the Board of Commissioners; and
WHEREAS, a quick approval process on noncontroversial rezoning applications saves
time and money for the applicant and city staff affording projects to proceed faster; and
WHEREAS, public engagement is desired and encouraged; providing adequate notice of
land use applications early in the process allows the public a reasonable opportunity to receive
accurate information understand the request, and facilitate meaningful dialogue without duress;
and
WHEREAS, the Paducah Planning Commission adopted a Resolution on July 20, 2020,
favorably recommending to the Paducah Board of Commissioners to amend the Paducah Zoning
Code, specifically Section 126-176 to provide for an alternative rezoning approval process,
renaming of the section, expanding notice requirements, and reordering and renumbering of the
section;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF PADUCAH AS FOLLOWS:
SECTION 1. That Section 126-176, of Chapter 126, Zoning, of the Code of
Ordinances of the City of Paducah, Kentucky, is hereby amended to read as follows:
Section 126-176. — [ ] Planning
Commission.
(a) Intent.
The intent of this section is to provide guidance for the Zoning Code amendment
processes, including text and map amendments. It shall also be the intent of this
section to guide various approval processes and the use of development plans, which
may be used for a variety of planning and zoning processes, including map
amendments. The Planning Commission in its obligation to promote the public
health, safety and general well-being shall consider, but not be limited to, the
following in its [ ] deliberative considerations:
The conservation of natural resources, which may include various wildlife forms,
vegetation, steep slopes, surface water, ground water, floodplain, soils,
geologically sensitive areas, air quality, noise, view sheds, sufficient sunlight
exposure, etc.;
The conservation of sites that have historic or architectural value;
(3) The provision for safe, efficient vehicular and pedestrian transportation, off-
street parking and loading within the development and the community and
neighborhood;
(4) The provision for sufficient open space and recreational opportunities;
(5) The compatibility of the overall site design (buildings, parking,
circulation, signs, screening and landscaping) and land use with the
existing and projected future land use of the area;
(6) The provision for adequate drainage facilities to prevent runoff problems
during times of peak precipitation and flooding to the site and the
surrounding community/neighborhood;
(77) The provision that infrastructure needs shall, as they relate to essential
services and infrastructure systems, be adequately addressed;
(8) Compliance [The development "a .'e „] with the
Comprehensive Plan and all applicable regulations as per city ordinances -
and policies and other applicable laws and regulations.
(b) Public notice.
(11) For applications before the Planning Commission, notice shall be mailed at least
20 days before the hearing by first class mail to all property owners surroundin
the subject property to a depth of two (2) ownerships or within a radius of 200
feet of the subjectrp operty, whichever is greater.
(2) In accordance with KRS 424 notice shall be published in the newspaper
least 14 days before the hearing.
(3) In accordance with KRS Chapters 424 and 100 on-site notice shall be posted at
least 14 days before the hearing of any zone change (rezoning,) subdivision or
development plan ap rp oval.
(c) Formal application required.
To formally request the Commission to consider any action, the applicant shall file
a com Tete application (with respect to all applicable provisions of this chapter and
other city ordinances regulations and policies) pay the filing fee and provide
copies of all written and graphic material as required The date for the public
hearing will be set upon receipt of a complete application
(d) Refiling.
Within a period of twelve (12) months from the date of a negative decision no
tract of land, or any portion thereof, shall be considered for a zone change
(rezoning) or for development plan approval with the same proposal except
requests initiated by the Planning Commission or Board of Commissioners or the
Planning Commission grants unanimous permission to resubmit sooner.
(be) 11nitiation and ae Procedures required for [amendmentI zone change
rezonin .
(I)A petition for a map amendment (also referred to as a zone change or rezoning)
[This Zoning a both the text and the zening N> J
uYY e ,ehejiged, modified
ama ndme .t to any z ning-regulatio ] may originate with the Planning
Commission, or with the [City Gengigg' ss'E)-n1 Paducah Board of Commissioners,
or with the owner of the property in question. Regardless of the origin of the
proposed amendment, it shall be referred to the Planning Commission before
adoption.
(22)The Planning Commission shall hold at least one public hearing after proper
notice is given in accordance with KRS Chapters 424 and 100 and this code
OThe decision of the Planning Commission shall become final and the map
amendment shall be automatically implemented, subject to the provisions of
KRS 100.347, unless a written request for a hearing before the Board of
Commissioners is made within 21 days after the final decision by the
Planning Commission, pursuant to KRS 100.2111. Anyaggrievedep rson,
Board of Commissioners or Zoning Administrator may file the request.
(4)If a timely request for a hearing before the Board of Commissioners is filed, the
findings of fact and decision of the Planning Commission shall be forwarded to
the Board of Commissioners prior to their hearing. All persons appearing before
the Planning Commission shall be informed of the request. It shall take a majority
of the entire Board of Commissioners to override the decision of the Planning
Commission.
(e) [Pnblie notiee of n..,.... sed amendments.
(1) The Planning commission sha-11 t -hen hold -at least one publie hearing after- netiee
«v i b KRS ..1,.. 100 and 424 Planning h.....«.ission shall send eepies of
t1,e n..ti..e ton ne«t. ewner-s suffeunding theproposed zoning ..h nge within .,
:uaics-vf200 feet vf�the prvpc«ty proposed Fm « -u iapimc?aramendment.
(df, Zone Change (rezoning) - Findings required .
In accordance with KRS 100.213, to approve any zone change (rezoning), [Before
m+y map amendment is granted, the Planning Commission must find that the map
amendment is in agreement with the Comprehensive Plan, or, in the absence of such
a finding, that [one or mare of the follwA4ng apply and ..,.1, Fie
reeefded in the n. nntesq and « ..«ds of the Planning G -A n.,.:, sion and- C ty
commissio :
(1) q4iat] the original zoning classification given to the property was inappropriate or
improper;
(2) {That] there have been major changes of an economic, physical or social nature
within the area involved which were not anticipated in the Comprehensive Plan
and which have substantially altered the basic character of the area.
The finding of fact shall be recorded in the minutes and maintained in the records.
(eg) Variances and conditional use permits.
The Planning Commission may hear and finally decide applications for variances or
conditional use permits pertaining to the same property when filed and scheduled to be
heard with a proposed development plan approval application or jrequires] a map
amendment application. [and Ann Ar nApFevafianees of eenditi use pertnits:] The
Planning Commission shall assume all powers and duties otherwise exercised by the
Board of Adjustment pursuant to KRS Ch. 100 and this Zoning Code. The applicant
for the map amendment may elect to have any variances or conditional use permits for
the same development to be heard and finally decided by the Planning Commission at
the same public hearing set [for the map amendment], or by the Board of Adjustment
as otherwise provided for by KRS Ch. 100 and this Zoning Code.
(fhh) Development plan requirements.
(1) When required. A preliminary development plan shall be required in the following
instances:
a. The Planning Commission, as a condition to the granting of any zoning
change, shall require the submission of a development plan which, where
agreed upon, shall be followed; except for a single principal structure and
accessory structures for a single-family dwelling, a duplex dwelling, a triplex
dwelling or a four-plex dwelling on a single lot or ownership parcel. As a
further condition to the granting of a zoning change, the Planning
Commission shall require that substantial construction be initiated within two
years following the enactment of the map amendment, provided that such
zoning change shall not revert to its original designation unless there has been
a public hearing. The development plan shall be a continuing condition for the
area rezoned unless amended as required herein;
b. When there is a proposal for multiple principal buildings on a single ownership
parcel or lot;
c. The subdivision process may substitute for the development plan process.
d. For Planned Unit Developments per section 126-70.
e. For Mixed Use Developments per section 126-118.
(2) Plans defined. For purposes of this subsection [fl (h) and the plans
required herein, the following definitions shall apply:
a. Sketch plan. This plan will be used to determine the essential graphic and
written materials required for a specific map amendment and those specific
actions, such as map amendments, variances or conditional use permits that
may be requested of the Planning Commission. The sketch plan may be
conceptual but should indicate any site or surrounding features or conditions
that may affect the proposed development or surrounding properties or rights-
of-way, the proposed buildings, access points, parking and loading areas,
landscaping and screening areas, existing and proposed utilities, proposed
location for solid waste storage and access to same, and any other conditions
on the site or surrounding properties or proposed development features which
may affect the development of the site or surrounding properties or rights-of-
way. The sketch plan does not have to be detailed or highly finished drawings,
but should address the issues and conditions that may be essential to the
development.
b. Preliminary development plan. This plan shall be that plan adopted by the
Planning Commission when the Planning Commission favorably
recommends a map amendment to the City Commission. The preliminary
development plan shall include that information as determined in the pre -
application conference. No building permits shall be issued based upon a
preliminary development plan.
c. Final development plan. This plan is, in effect, a final site plan with that
level of detail as may be required for obtaining those permits and approvals
necessary for construction. It shall include all information required as set
forth hereinafter and as necessary for the review of the proposed
development and its compliance with any applicable law or regulation,
including any previously approved preliminary development plan.
(3) Content and format of development plans. All development plans shall be
prepared on mylar or other material capable of clear reproduction. Plans shall be
legible and of a size and scale (generally not exceeding 1 "-100') which enables
clear presentation of required information. Required plan information shall be as
follows:
a. Contents of preliminary development plan. A preliminary
development plan shall contain the following minimum information:
1. A title block containing the plan name, development plan type
(preliminary or final), name and address of applicant, developer and plan
preparer, and a written and graphic scale;
2. The boundary of the subject property and the zoning and owner
names for all adjoining property;
3. Vicinity sketch, oriented in the same direction as the design scheme;
4. Topography with contour intervals, grid elevations or spot elevations of
sufficient detail to generally describe the lay of the land. This requirement
may be waived by the city where topographic conditions and features are
found not to be necessary to the required development plan reviews and
actions;
5. Location, arrangement, and approximate dimensions of existing and
proposed driveways, walkways and parking areas, and arrangement of
spaces, dumpster pads, points of ingress and egress, and other vehicular
and pedestrian rights-of-way;
6. Location and typical profiles and cross-sections of any proposed or
existing streets or deceleration lanes (when deemed necessary) within
or abutting the subject property. This requirement may be waived
subject to a condition regarding same on the face of the development
plan;
7. Screening, landscaping, buffering, recreational and other open spaces;
8. Approximate size, location, height, floor area, area arrangement, and
use of proposed and existing buildings and signs;
9. Approximate location of lot lines for projects anticipated to involve land
subdivision;
10. Storm drainage areas, floodplain, conceptual drainage controls and storm
water retention and any other designated environmentally sensitive or
geologic hazard areas;
11. Proposed and existing easements for utilities or other purposes;
locations of sanitary sewers including lengths and alignments of
laterals;
12. Areas of substantial existing trees including those located along fence
rows and drainage areas, along with a general description of the type and
size of such trees;
13. A statistical table summarizing all pertinent site data, including site
area, zoning, building coverage and floor area, parking, open
spaces, etc.;
14. For projects of one acre or more, a note stating that no grading, stripping,
excavation, filling or other disturbance of the natural ground cover shall
take place unless and until the Department of Engineering and
Environmental Services has approved the [developer's ] ap lip cant's
proposed soil erosion control procedures and, if required, a soil erosion
control plan;
15. A signed owner's certification, as follows: "I (We) hereby certify that I am
(We are) the owner(s) of the property shown and described hereon and
that I (We) hereby adopt the Development Plan with My (Our) free
consent, with the exception of such variances or other conditions of
approval, if any, as are noted hereon or in the Minutes of the Paducah City
Planning Commission. I (We) furthermore understand that buildings
permits for construction can only be issued following this plan and that
amendments to the plan can be made only by official Commission action';
16. A preliminary development plan certification shall be signed by the
Chairman if and when the plan is fully approved, as follows: "I hereby
certify that the Development Plan shown hereon has been found to comply
with the Zoning Ordinance Regulation for the City of Paducah, Kentucky,
with the exception of such variances or other condition of approval, if any,
as are noted hereon or in the Minutes of the City Planning Commission
and that it has been approved as the official plan."
b. Contents of final development plan. A final development plan shall
contain all information as required for preliminary development plans
under the sections above, except that the plan information shall be of an
exact nature, rather than approximate or general.
(gi) [Map amendment ] Development plan procedures.
_ (1) Pre -application conference.
a. Prior to any acceptance of a formal application for an amendment, the
applicant shall meet informally with [city] planning staff to determine
the following:
1. The effect of the proposed development on the existing neighborhood,
traffic patterns, and infrastructure systems;
2. How the proposed development relates to the comprehensive plan;
3. The various regulations that may apply to the proposed development;
4. An explanation of the required contents of the preliminary development
plan, and any other required submission of materials; and
5. An explanation of the amendment process.
b. At the time of the meeting with the planning staff, the applicant should
present a sketclrplan, as outlined in subsection [f] (h)(2)a of this section.
(2) [FoFmal application-.
(4�)Review. The planning staff shall send the development plan to concerned agencies
and interests for their respective technical review. If necessary, or requested by the
applicant, the interested parties and technical review bodies may meet together to
resolve, if possible, [alle3] issues and difficulties associated with the
development proposal. These meetings will be open to [all interestedpal4ies
including] the public.
(54)Planning Commission action. No development plan[s] will be considered for
Commission action until [the; ha - e been reviewed by the appropriate review
agencies or andup blic interests have reviewed the plan.
(5)The Commission may pursue the following action[s]:
a. Approval. The development plan is ready for certification as presented.
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(4�)Review. The planning staff shall send the development plan to concerned agencies
and interests for their respective technical review. If necessary, or requested by the
applicant, the interested parties and technical review bodies may meet together to
resolve, if possible, [alle3] issues and difficulties associated with the
development proposal. These meetings will be open to [all interestedpal4ies
including] the public.
(54)Planning Commission action. No development plan[s] will be considered for
Commission action until [the; ha - e been reviewed by the appropriate review
agencies or andup blic interests have reviewed the plan.
(5)The Commission may pursue the following action[s]:
a. Approval. The development plan is ready for certification as presented.
b. Conditional approval. The development plan will be certified when the
[demleper] applicant has complied with the conditions of approval set
forth in the Commission's action on the development plan.
c. Disapproval. The development plan has been disapproved by the
Planning Commission. To request new review and action, the
[developer] applicant must file a new application and development
plan [as set feAh in this seetie .
d. {pestpeneme-W] Continuance. In circumstances where further resolution is
required, the Commission may [aet, v tw the consent of the appliea t, to
pestpeno] continue final action on the development plan until further
information is ascertained or resolution of conflicts occurs [ean be
fid].
(6) Final development [(site)] plan[-,] procedures.
a. Only after the Planning Commission has approved [adopted] the
preliminary development plan[, has ,.eee ff.w,en ea to the Git y
r,.... nisi,.. the z _ map ,.ndf ] and the [Cite
appropriate zoning district has been approved by the Board of
Commissioners1has acted affifmatively en same,] if required; the the
applicant must present a final development plan as set forth in subsection
[(#)] U (2) (c) prior to the issuance of any building permits. [Qty
,Azi1'�e] The final development plan must be reviewed to ensure
[and insure] that:
1. The plan is in compliance with the preliminary development plan.
2. The plan is in compliance with the comprehensive plan, the
Zoning Code, other city ordinances, regulations or policies, and
all other applicable laws and regulations.
3. Where appropriate, the review agencies may assess the
document and forward their comments to the city prior to final
development plan approval.
4. When all final zoning or annexation plans are submitted the
applicant shall also make a digital submission [whleh] that
complies with the regulations of Chapter 102 Section 39 (d) of the
Code of Ordinances of the City of Paducah.
b. If the final development plan complies with this subsection [0)-(a)
above], the Planning Commission Chair will certify on the face of
the plan that all [g] requirements and applicable conditions
have been satisfied.
(#j) Amendments to development plans.
Amendments to approved development plans can be made only by official Planning
Commission action following a public hearing. Content, format and procedures shall
be the same as for the original submission. However, amendments which fully meet
the requirements set forth hereinafter as minor amendments shall be approved and
certified by the Zoning Administrator [ei y] without further action by the Planning
Commission.
(1) Minor amendments defined.
Minor amendments are intended to expedite approval in those situations where
amendments are of minor significance and generally relate to the shifting of
previously approved spaces. Such amendments:
a. Shall not decrease the overall land area in wards or other open spaces;
b. Shall not increase building ground area coverage, floor area, or height, or
increase the number of dwelling units;
c. May increase building ground area coverage for accessory buildings; or
principal buildings if additions are less than ten percent and additional
parking can be provided without disruption to major plan elements;
d. Shall not change the location or cross section of any street and shall not
increase the number or change the location of street access points on
arterial or collector streets;
e. May include a reduction in parking spaces only when an associated reduction
in floor area or number of dwelling units would permit a lesser number of
minimum required off-street parking spaces than required for the original
development plan. To qualify as a minor amendment this reduction may not be
less than would be required by the zoning district regulations. For any case
where parking in excess of the minimum requirement was provided on the
original development plan, that same number of spaces shall be provided in
excess of the minimum requirement for the proposed minor amendment plan.
(2) Procedures for minor amendments.
ba. Review. The city shall review the plan for compliance with all applicable
requirements and ordinances and shall consult with concerned agencies as
appropriate to assure proper plan review. Upon determination that all
requirements have been met, [eity] planning_staff shall submit its finding to
the Planning Commission Chair for certification. If any question arises as to
compliance, however, the plan shall be referred to the Planning Commission.
eb. Certification. Upon certification of approval by the Planning Commission
Chair, [eity]-planning staff shall have copies of the plan prepared and
distributed to other public agencies at the expense of the developer and return
the original plan tracing to the developer.
(3) Content and format of minor amendments.
Minor amendments shall have the same content and format requirements as the
original development plan, except that:
a. The title shall indicate the plan as a minor amendment;
b. A note shall be added listing the exact nature of the requested changes;
c. The following [will] shall be the required language for the Planning
Commission Chair's certification affixed to the1p ans: "I do hereby certify
that this development plan amendment complies with Zoning Ordinance
provisions regarding amendments to development plans."
d. Owners of interest [will] shall complete a certification to be signed and
witnessed as follows: "I (We) do hereby certify that I am (we are) the only
owner(s) of the property shown hereon and do adopt this as my (our)
development plan for the property," which [will] shall be required language
for all property and affixed to the plans.
(Q1 Relationship to subdivision regulations.
The relationships between development plans and the subdivision regulations are
established as follows:
(1) Applicability of subdivision regulations.
Although development plans are not subdivision plats, quite often the
development plan does indicate a need or intent to subdivide property. For any
such development plan, the design and improvement standards contained within
the subdivision regulations shall be applied to proposals contained on the
development plan.
(2) Combining plans.
Development plans and preliminary subdivision plats may be combined. It is
recognized that for certain development situations it can be advantageous to both
the applicant and the Planning Commission to combine requirements for
development plans and preliminary subdivision plats in order to streamline the
development approval process while not reducing the quality of the review. The
following provisions shall be applicable to any such combined plan:
a. The developer shall meet with [city] planning staff no later than five
working days in advance of the filing deadline to discuss the
appropriateness of filing a combined plat.
b. The plan shall show all information required for a development plan
(preliminary or final as appropriate) and all information required for a
preliminary subdivision plat as set forth in the subdivision regulations.
(3) Substitution of plans.
A preliminary or final subdivision plat may be substituted for development plans
required in conjunction with map amendment requests. It is recognized that in
certain cases a preliminary or final subdivision plat would be as appropriate, or
more appropriate, to be considered in conjunction with a map amendment request
than would a development plan. Generally, such situations involve developments
where placement of structures will be tightly controlled by the streets, lot pattern,
requirements for placement of structures within the zone and where the applicant
sees fit to have plans prepared at the required level of detail for subdivision plats
prior to receiving a zone change approval. When an applicant is required to
provide a development plan in conjunction with a zoning map amendment request,
the applicant may file a subdivision plat in place of the development plan, if
deemed appropriate by the city. In any disputed case, the city shall make the final
judgment as to whether a development plan or a subdivision plat is required.
0,61,21
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SECTION 2. That if any section, paragraph or provision of this Ordinance shall
be found to be inoperative, ineffective or invalid for any cause, the deficiency or invalidity of
such section, paragraph or provision shall not affect any other section, paragraph or provision
hereof, it being the purpose and intent of this Ordinance to make each and every section,
paragraph, an provision hereof separable from all other sections, paragraphs and provisions.
SECTION 3. This ordinance shall be read on two separate days and will become
effective upon summary publication pursuant to KRS Chapter 424.
ayor
ATTEST:
4
Lindsay ParisE, Ci Jerk
Introduced by the Board of Commissioners, August 11, 2020
Adopted by the Board of Commissioners, August 12, 2020
Recorded by Lindsay Parish, City Clerk, August 12, 2020
Published by The Paducah Sun, August 16, 2020
\ord\plan\126-176 -Alternative Zoning Approval Process