HomeMy WebLinkAbout2009-3-7524ORDINANCE NO. 2009-3-7524
AN ORDINANCE AMENDING CHAPTER 126, ZONING, OF THE CODE
OF ORDINANCES OF THE CITY OF PADUCAH KENTUCKY
WHEREAS, the City of Paducah, McCracken County Kentucky, Paducah Water, and
Paducah Power Systems did enter into an Interlocal Agreement dated March 9, 1999 in order to
form the MAP -GIS Consortium; and
WHEREAS, said agreement has been amended from time to time to include the Paducah -
McCracken County Emergency Communication Service Board ("E-911 ") and Paducah
McCracken County Joint Sewer Agency; and
WHEREAS, the City of Paducah has undertaken an effort to build and maintain a
Geographic Information System (GIS) to provide more efficient service to its citizens, and
WHEREAS, the City Commission hereby finds that in order to facilitate the development
of the project, it is necessary to enact an ordinance outlining the parameters for sharing of the
information and submittals of information to the MAP -GIS Coordinator.
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That Section 126-176, "Amendments and Development Plans," of
Chapter 126, Zoning of the Code of Ordinances of the City of Paducah, Kentucky, is hereby
amended to read as follows:
See. 126-176. Amendments and development plans.
(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 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
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 shall, as they relate to
essential services and infrastructure systems, be adequately
addressed;
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(8) The development plan's compliance with the comprehensive plan
and all applicable regulations as per city ordinances and policies
and other applicable laws and regulations.
(b) Initiation and actions required for amendment. This Zoning Code, including
both the text and the zoning map, may be amended, supplemented, changed,
modified, or repealed. A proposal for amendment to any zoning regulation
may originate with the Planning Commission or with the 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 Planning Commission before
adoption.
(c) Public notice of proposed amendments.
(1) The Planning Commission shall then hold at least one public hearing after
notice as required by KRS chs. 100 and 424. The Planning Commission
shall send copies of the notice to property owners surrounding the proposed
zoning change within a radius of 200 feet of the property proposed for a
map amendment.
(2) All procedures for public notice and publication as well as for adoption
shall be the same as for the original enactment of a zoning ordinance (KRS
Ch. 424).
(d) Findings required for granting amendment. 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 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:
(1)That 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.
(e) Variances and conditional use permits. The Planning Commission may hear
and finally decide applications for variances or conditional use permits when a
proposed development plan requires a map amendment and one 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 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.
(f) 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 (f) 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 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 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.
(g) Map amendment and development plan procedures.
(1) Preapplication conference.
a. Prior to any acceptance of a formal application for an amendment,
the applicant shall meet informally with city 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 sketch plan, as outlined in subsection (0(2) above.
(2) Formal application. To formally 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 Code and other city ordinances,
regulations and policies), pay the filing fee, and provide copies of all
written and graphic material as required. Also the date for the public
hearing will be set.
(3) Refiling. Upon reenacted amendment proposals, the applicant must wait
one year before reapplying with the same proposal, unless the Planning
Commission grants unanimous permission to resubmit sooner.
(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 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.
(S) 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 section.
d. 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.
(6) Final development (site) plans procedures.
a. 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 subsection (f)(2)c prior to the issuance of a building
permit. City staff will check the final development plan 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 which complies with
the requirements of Chapter 102, Section 39 (d) of the Code of
Ordinances of the City of Paducah.
b. If the final development plan complies with subsection (6)a above, the
Planning Commission Chair will certify on the face of the plan that all
planning requirements and applicable conditions have been satisfied.
(h) 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 city 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.
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.
b.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, 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.
c. Certification. Upon certification of approval by the Planning
Commission Chair, 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.
(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 be the required language for the Planning
Commission Chair's certification: "I do hereby certify that this
development plan amendment complies with zoning ordinance
provisions regarding amendments to development plans."
(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
d.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," which will be required
language for all property.
(i) 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 sub -division 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 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, 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 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 made the final judgment as to whether a
development plan or a subdivision plat is required.
(4) Administration. 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 Chair of the
Planning Commission review, action, or signature.
(5) Enforcement. The responsibilities of enforcement of this section
shall be as designated by the City Manager.
SECTION 2. This Ordinance shall be read on two separate days and become
effective upon summary publication pursuant to KRS Chapter 424.
ATTEST:
Tammara S. Brock, City Clerk
Introduced by the Board of Commissioners, February 24, 2009
Adopted by the Board of Commissioners, March 10, 2009
Recorded by Tammara S. Brock, City Clerk, March 10, 2009
Published by The Paducah Sun, March 16, 2009
Ord/plan/zone/126-176 3-09