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HomeMy WebLinkAbout92-5-4774ORDINANCE 92-5-4774 AN ORDINANCE ABOLISHING AND RECREATING SECTION 83 OF APPENDIX A -ZONING, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. Sec. 83, Amendments and Development Plans, is hereby recreated to read as -follows: "Sec. 83. Amendments and Development Plans. 83.01. Intent. The intent of this Section is to provide guidance for the Zoning Ordinance amendment processes including text and map amendments. It shall also be the intent of this section to guide the use of development plans, which may use 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 amendatory and development plan considerations: 1. 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; 2. 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; 7. The provision that infrastructure needs, as they relate to essential services and infrastructure i systems, are adequately addressed; 8. The development plan's compliance with the Comprehensive Plan and all applicable regulations as per City of Paducah Ordinances and policies and other applicable laws and regulations. 83.02. Initiation & Actions Required for an Amend- ment. This Zoning Ordinance, including both the text and the zoning map, may be amended, supplemented, changed, modified, or 1 528 S29 repealed. A proposal for amendment to any zoning regulation may originate with the Planning Commission or with the Paducah City Commission, or with the owner of the property in question. Regardless of the origin of the proposed amendment, it shall be referred to the Planninq Commission before adoption. 83.03. Public Notice Required. The Planning Commission shall then hold at least one public hearing after notice as required by Kentucky Revised Statutes, Chapter 100 and 424. The Planning commission shall send copies of the notice to property owners surrounding the proposed zoning change with a radius of two hundred feet (200') of the property proposed for a map amendment. All procedures for public notice and publication as will as for adoption shall be the same as for the original enactment of a Zoning Ordinance (KRS Chapter 424). 83.04. Findings Required. Before any 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 a such a finding, that one or more of the following apply and such findings shall be recorded in the minutes and records of the Planning Commission and City Commission: 83.041. That the original zoning classification given to the property was inappropriate or improper. 83.042. 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 substan- tially altered the basic character of the area. 83.05. Variances & Conditional Use Permits. The Plannina Commission may hear and finallv decide applications for variances or conditional use permits when a proposed development plan requires a map amendment and one (1) or more variances or conditional use permits. The Planning Commission shall assume all powers and duties otherwise exercised by the Board of Adjustment pursuant to KRS 100 and this ordinance. 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 100 and this ordinance. 83.06. Development Plan Requirements. 83.061. When required: A preliminary development plan shall be required in the following instances: (aZ The Planning Commission, as a condition to the granting of anv zoning change, shall (C 83.062. 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 dwellin on a single lot or ownership parcel. As a further condition to the granting of a zoning change, the Paducah Planning Commission shall require that substantial construction be initiated within two (2) years following the enactment of the map amendment, provided that such zoning Chang 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. When there is principal buil parcel or lot. a proposal for multiple dings on a single ownershi The subdivision process may substitute for the development plan process. Plans defined: For purposes of this section 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 amendments 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 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. 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 530 531 ,..,A'L, 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 aDDroved Dreliminary development plan. 83.063. 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"=1001) which enables clear presentation of required information. Required plan information shall be as follows: (a) Content 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 developer and plan preparer; and a written and graphic scale. 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. 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, parking areas and arrangement of spaces, dumpster pads, points of ingress and egress, and other vehicular and pedestrian right- of-way. Location and typical profiles and cross-sections of any proposed or existing streets or deceleration lanes S32 (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. Screening, landscaping, buffering, recreational, and other open spaces. _ Approximate size, location, height, floor area, area arrangement, and use of proposed and existing buildings and signs. 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 1 For projects of one (1) 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 proposed soil erosion control procedures and, if required, a soil erosion control plan. 151 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 heron 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 building permits for construction can only be issued following this plan and that amendments to the plan can be made only by official Commission action." 161 A preliminary development plan certification shall be signed by the Chairman if and when the plan is fully 1 1 - - i- - .. ,--. - „ "...- _ ..T— - - - 79�, .-- 533 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 is 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 sections above ept that the plan information shall be an exact nature, rather than approximate or 83.07. Map Amendment and Development Plan Procedures. 83.071. Preapplication Conference: Prior to any acceptance of a formal application for an amendment, the applicant shall meet informally with city staff to determine the following: (a) The effect of the proposed development on the existing neighborhood, traffic patterns, and infrastructure systems; How the proposed development relates to the comprehensive plan; (cZ The various regulations that may apply to the proposed development; An explanation of the required contents of the preliminary development plan, and any other required submission of materials; (eZ And an explanation of the amendment process. At the time of the meeting with the planning staff, the applicant should present a sketch plan, as outlined in Section 83.062(a). 83.072. Formal ADDlication: To formallv request the Commission to consider action on any zone map amendment and/or preliminary development plan, the applicant shall file a complete application (with respect to all applicable provisions of this zoning ordinance and other City of Paducah ordinances, regulations and policies), pay the filling fee, and provide copies of all written and graphic material as required. Also the date for the public hearing will be set. 83.0721. Refiling: Upon rejected amendment proposals, the applicant must wait one (1) year before reapplying with the same proposal, unless the Planning Commission grants unanimous permission to resubmit sooner. 534 83.073. 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 interest and technical review bodies may meet together to resolve, if possible, all differences and difficulties associated with the development proposal. These meetings will be open to all interested parties, including the public. 83.074. Planning Commission Action: No development plans will be considered for Commission action until they have been reviewed by the appropriate review agencies or interests. The commission may pursue the following action: (a)_ Approval - The development plan is ready for certification as presented; (b) Conditional Approval - The development plan will be certified when the developer 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 must file a new application as set forth in this ordinance. ) Postponement - In circumstances where further resolution is required, the Commission may act, with the consent of the applicant, to postpone final action on the development plan until further information or resolution of conflicts can be ascertained. 83.075. Final Development (Site) Plans Procedures: Only after the Planning Commission has adopted the preliminary development plan, and has recommended to the City Commission the zone map amendment, and the City Commission has acted affirmatively on same; the applicant must present a final development plan as set forth in Section 83.062(c) prior to the issuance of a building permit. Citv staff will check the final development plan and insure: (a) That the plan is in compliance with the preliminary development plan. That the plan is in compliance with the comprehensive plan, the zoning -- ordinance, other Paducah ordinances, regulation or policies, and all other applicable laws and regulations. (c) That where appropriate, the review agencies may assess the document and forward their comments to the City prior to final development plan approval. 1-11 -IF-- _. ..._ 535 If the final development plan complies with subsections (a) through (c) above, the Planning Commission Chair will certify on the face of the plan that all planning requirements and applicable conditions have been satisfied. 83.08. Amendments to Development Plans. Amendments to approved development plans can be made only by official Planning Commission action following a public hearing. Contents, format, and procedures shall be 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 City without further action by the Planning Commission. 83.081. 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 yards or other open spaces; shall not increase building ground area coverage, floor area, or height; or increase the number of dwelling units; (c) 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;--�I 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 parkina spaces than required for the original development plan. To qualify as a minor amendment, tnis reaucti.on 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. 83.082. Procedures for Minor Amendments: (a) Filing: To request approval of minor amendments to development plans, the developer shall file with the City a completed application form, and copies of the plan as required by the terms and conditions of the City's application form. (bZ 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 536 determination that all requirements have been met, city 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. Certification: Upon certification of approval by the Planning Commission Chairman, city 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. 83.083. Content and Format of Minor Amendments: Minor amendments shall have the same content and format requirements as the original development plan, except that: () the title shall indicate the plan is a minor amendment; a note shall be added listing the exact nature of the requested changes; (c) the following will be the required language for the Planning Commission Chairman's certification: "I do hereby certify that this development plan amendment complies with Zoning Ordinance provisions regarding amendments to development plans." y ) Owners of interest will 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" will be required language for all property. 83.09. Relationship to Subdivision Regulations. The relationships between development plans and the Subdivision Regulations are established as follows: 83.091. 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 Reaulations shall be aDDlied to Droposals contained on the development plan. 83.092. 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 staff no later than five (5) 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. 83.093. Preliminary or Final Subdivision Plat Mav 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, and 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 a 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 judgement as to whether a development plan or a subdivision plat is required. 83.095. Administration and Enforcement. RI_ng5i_ The City Manager shall designate the Department and/or City officer responsible for the administration of this section other than those actions and procedures that specifically require Planning Commission or the Chairman of the Planning Commission review, action, or signature. 83.0952. Enforcement: The responsibilities of enforcement of this section shall be as designated by the Citv Manager. SECTION 2. That if any section, paragraph or provision of the 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 and provision hereof separable from allother sections, paragraphs and provisions. 538 SECTION 3. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. � AGE ;rB!.-MO3N OME Mayor Introduced by The Board of Commissioners May 12, 1992 Adopted by The Board of Commissioners May 19, 1992 Recorded by Lenita Smith, City Clerk, May 19, 1992 Published by The Paducah Sun, May 25, 1992. 538