(A) Purpose. The purpose of the Agricultural Cluster Development (ACD) Overlay Zone is to preserve land used for through a method of land planning and design that allows for the clustering of a limited amount of detached, single- family residential units along with the creation of a conservation to retain a significant portion of the land for agricultural production and use.
(B) General. An Agricultural Cluster Development Overlay Zone may be permitted only to be superimposed over the A-1 Zone provided that all conditions and provisions of this section, the applicable requirements of the regulations, and any additional requirements as may be determined necessary to provide for the proper integration of the ACD Overlay Zone with the surrounding area are met, and a public hearing is held.
(C) Application and processing. Applications for ACD Overlay Zone shall be processed in two stages:
(1) Stage I Development Plan and Zoning Map Amendment. Applications for amendment to ACD Overlay Zone shall include a development plan in accordance with the requirements of division (D) of this section. This application will be processed according to the map amendment process per §§ 154.220 through 154.228.
(2) Stage II Development Plan, Record Plat, and Conservation . A Stage II development plan and record plat shall be developed in conformity with the Stage I approved development plan and in accordance with the requirements of division (E) of this section, and submitted to the for its review and approval. The submission shall also include the conservation , which will be submitted to the Planning Commission's duly authorized representative for review and approval.
(D) Stage I Development Plan Requirements. The development plan shall identify and provide the following information:
(1) Plan(s) of the subject property drawn to a scale not smaller than one inch equals 200 feet, showing:
(a) The total area in the project, by aerial photograph.
(b) The present zoning of the subject property and all adjacent properties.
(c) All public and private rights-of- way and
lines located on or adjacent to the subject property which are proposed to be continued, created, enlarged, relocated, or abandoned.
(d) Existing and proposed topography shown by contour with intervals not to exceed five feet.
(e) All existing and proposed housing units on the subject property which identifies: location, arrangement and number of all
, including a typical section(s) identifying approximate
sizes and dimensions, and setbacks and height of buildings, including a notation that all residential units shall be subject to all applicable zoning and
regulations.
(f) Location, arrangement, height, and identification of all existing and proposed nonresidential buildings and uses on the subject property.
(g) A tabular listing of the total area of the tract, conservation
area, total area which the proposed
occupy, and access
area (for
).
(h) Location of proposed street identifying approximate dimensions of pavement and right-of-way widths, type of surfacing and approximate grades;
(i) Location of all existing and proposed water, sanitary sewer and storm drainage lines, indicating approximate pipe sizes and grades. Indication should also be given regarding the provision of electric and telephone service which will be required to be installed underground.
(j) Certification from appropriate water and sewer agencies that services will be available.
(2) A metes and bounds description of the conservation
area.
(3) The information required in subdivisions (D)(1) and (2) may be combined in any suitable and convenient manner so long as the data required is clearly indicated. A separate plan or drawing for each element is not necessary, but may be provided at the option of the applicant.
(E) Stage II Development Plan and Record Plat Requirements. The Stage II development plan and record plat shall conform to the following requirements:
(1) Stage II Development Plan. The applicant shall submit a Stage II Development Plan, in conformance with the Stage I approved Development Plan, drawn to a scale not smaller than one inch equals 100 feet showing:
(a) Existing and proposed topography shown by contour with intervals not to exceed five feet.
(b) All existing and proposed housing units on the subject property which identifies: location, arrangement and number of all
, including a typical section(s) identifying approximate
sizes and dimensions, and setbacks and height of buildings, including a notation that all residential units shall be subject to all applicable zoning and
regulations.
(c) Location, arrangement, height, and identification of all existing and proposed nonresidential buildings and uses on the subject property.
(d) A tabular listing of the total area of the tract, conservation
area, total area which the proposed
occupy, and access
area (for
).
(e) All utility lines and easements:
1. Water distribution systems including line sizes, width of easements, type of pipe, location of hydrants and valves, and other appurtenances;
2. Sanitary sewer system, including pipe sizes, width of easements, gradients, type of pipes, invert elevations, location and type of manholes, the location, type, size of all lift or pumping stations, capacity, and process of any necessary treatment facilities, and other appurtenances;
3. Storm sewer and natural drainage system, including pipe sizes, gradients, location of open drainage courses, width of easements, location and size of inlets and catch basins, location and size of retention and/or sedimentation basins, and data indicating the quantity of storm water entering the property, the quantity of flow at each pickup point (inlet), the quantity of storm water generated by development of the subject area, and the quantity of stormwater to be discharged at various points to areas outside the subject property.
4. Other utilities (e.g. electric, telephone, etc.) including the type of service and the width of easements revealing the underground installation of the wiring.
(f) Location of proposed streets identifying approximate dimensions of pavement and right-of-way widths, type of surfacing and approximate grades.
(g) Provisions for control of erosion, hillside slippage and sedimentation, indicating the temporary and permanent control practices and measures which will be implemented during all phases of clearing, grading, and construction.
(2) A metes and bounds description of the conservation
area.
(3) The information required in items subdivisions (E)(1) and (2) may be combined in any suitable and convenient manner so long as the data required is clearly indicated. A separate plan or drawing for each element is not necessary, but may be provided at the option of the applicant.
(4) Record plat. A record plat shall be developed in conformity with the Stage II approved development plan. The record plat shall conform to the applicable requirements of the regulations, unless specifically waived by the
, and in addition thereto, the following:
(a) All areas reserved for the conservation
area with a metes and bounds description as specified in
(E)(2) above, a notation of general terms and conditions of the conservation
, and designation of the grantee of said conservation
per
(G) below.
(b) Notation concerning residential units as specified under
(E)(1)(b) above.
(F) Area requirements.
Minimum tract size | 40 acres |
Minimum size within tract | 1 acre |
Maximum size within tract | 5 acres |
Maximum number of within tract | 6 |
Minimum | Per the requirements of the A-1 Zone |
Per the requirements of the A-1 Zone | |
Minimum side
depth
| Per the requirements of the A-1 Zone |
Per the requirements of the A-1 Zone | |
Maximum | Per the requirements of the A-1 Zone |
(G) Conservation
and area. At least 75% of the total acreage (i.e., tract) of the proposed ACD Overlay Zone shall be retained for agricultural use under a conservation . The area placed within the shall not include any of the area of the new created within the tract or the access area for any . The Campbell County Conservancy shall be named as the grantee of the conservation .
(H) Expiration. Any amendment to ACD Overlay Zone shall be subject to the time constraint, as noted below. Upon expiration of said time period, and any extensions thereto, the legislative body may initiate a request for a public hearing by the , in accordance with the requirements of KRS Chapter 100, for the purpose of determining whether said ACD Overlay Zone should revert to its original zoning designation. A public hearing may be initiated if either of the following conditions applies:
(1) A Stage II development plan has not been approved by the
within a period of 12 consecutive months from the date of the Stage I approved development plan and ACD Overlay Zone amendment by the legislative body; provided that an extension may be permitted upon approval of the legislative body or their duly authorized representative if sufficient proof can be demonstrated that prevailing conditions have not changed appreciably to render the Stage I approved development plan obsolete.
(2) Substantial construction has not been initiated within a period of 12 consecutive months from the date of approval of the Stage II development plan by the
; provided that an extension may be permitted upon approval of the legislative body or their duly authorized representative if sufficient proof can be demonstrated that the construction was delayed due to circumstances beyond the applicant's control, and that prevailing conditions have not changed appreciably to render the Stage I approved development plan obsolete. The amount of construction constituting initiating substantial construction shall be as approved in the Stage I approved development plan.
(Ord. O-11-10, passed 12-1-10)