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12.05.01 Applicability. Applications for approval of PUD overlay and MHP overlay zones must be processed in accordance with the two-stage procedure set forth is this section.
12.05.02 Stage I-Stage I Development Plan and Zoning Map Amendment. The first stage of the PUD approval process requires concurrent processing of a zoning map amendment and a Stage I development plan.
(1) An application for a PUD zoning map amendment and Stage I development plan must be filed by the owner of the subject property or the property owner's authorized agent, the City Commission, or Planning Commission. In the case of joint ownership of a property, an application for a PUD zoning map amendment and Stage I development plan must be signed by all owners of the property.
(2) The Zoning Administrator must sign and the applicant must submit the application to Planning and Development Services of Kenton County.
(3) Contents. A Stage I development plan must be prepared in accordance with § 12.06.
(B) Public Hearing Notice. The public hearing notice requirements for Stage I PUD approvals are the same as required for zoning map amendments (See § 12.04.03).
(C) Planning Commission Hearing/Action.
(1) The Planning Commission must hold at least one public hearing on the proposed application. The Planning Commission must review the application with regard to its compliance with the stated purposes of the PUD overlay zone, the required elements of the Stage I Plan, and other applicable requirements of this zoning ordinance.
(2) Following the Planning Commission's public hearing, the Planning Commission must, within 60 calendar days of receipt of the proposed PUD overlay map amendment, make findings of fact and recommend, by simple majority vote, approval or disapproval of the proposed PUD zoning map amendment.
(3) In the event of a tie vote, the Planning Commission must continue to consider the proposed zoning map amendment for a period not to exceed 30 days. If the tie has not been broken after such reconsideration, the application must be forwarded to the City Commission without a recommendation of approval or disapproval.
(4) The Planning Commission's recommendation must include a statement explicitly setting forth the reasons for its action and a written report.
(5) The Planning Commission's findings of fact and recommendation must include a summary of the evidence and testimony presented by the proponents and opponents of the proposed PUD map amendment.
(D) City Commission Action.
(1) The City Commission must take final action on a proposed zoning map amendment within 90 days of the date upon which the Planning Commission takes its final action. In the event of a tie vote of the Planning Commission, this 90-day time frame runs from the date of the original tie vote, and not from the date the application is forwarded to the City Commission.
(2) A simple majority vote of the entire membership of the City Commission is required to override the recommendation of the Planning Commission.
(3) A simple majority vote of the entire membership of the City Commission is also required to adopt a PUD zoning map amendment when the Planning Commission forwards the application to the City Commission without a recommendation due to a tie vote.
(4) Unless a simple majority of the entire City Commission votes to override the Planning Commission's recommendation, the Planning Commission's recommendation will become final and effective, and if a recommendation of approval or approval with conditions was made by the Planning Commission, the ordinance of the City Commission adopting the PUD zoning map amendment with these conditions will be deemed to have passed by operation of law.
(5) The action of the City Commission may incorporate any conditions imposed by the Planning Commission. However, should the City Commission take action to impose different conditions than those recommended by the Planning Commission, then the conditions must be resubmitted to the Planning Commission for further review and recommendation in accordance with § 12.05.02(C).
(6) The City Commission must forward a copy of the approved Stage I development plan to the Planning Commission for further processing in accordance with the requirement for Stage II plan and record plat (See 12.05.03).
(E) Effect of Approval.
(1) Approval of a PUD zoning map amendment and Stage I development plan authorizes the applicant to proceed to the second stage of the PUD approval process.
(2) The PUD zoning map amendment will not become effective until a Stage II plan and record plat has been approved in accordance with § 12.05.03. Upon the effective date of the PUD zoning map amendment, the official zoning map must be amended by adding the prefix "PUD" to the existing zoning map designation for the subject property (e.g., PUD-RS-12.5).
12.05.03 Stage II-Stage II Plan and Record Plat. The second stage of the PUD approval process requires review and approval of a Stage II plan and record plat.
(A) Application. Following approval of the PUD zoning map amendment and Stage I development plan, a Stage II plan and record plat must be developed in conformance with the approved Stage I plan.
(1) An application for approval of a Stage II plan and record plat must be filed by the owner of the subject property or the property owner's authorized agent.
(2) The Zoning Administrator must sign and the applicant must submit the application to the Kenton County Planning Commission, or its duly authorized representative.
(3) Except for the manner of submission and processing, the subdivision regulations may be waived, in lieu of the requirements for submittal of PUD Stage II plans and record plats. Any subdivision requirements not specifically waived by the Planning Commission govern.
(4) Contents. The Stage II Plan must be drawn to a scale not smaller than one inch equals 100 feet, identifying and providing the following information:
(a) The existing and proposed finished topography of the subject property shown by contours with intervals not to exceed five feet. Where conditions exist that may require more detailed information on the proposed topography, contours with intervals of less than five feet may be required by the Planning Commission.
(b) All housing units on the subject property:
1. Detached Housing. Location, arrangement, and number of all lots, including lot dimensions and setbacks and maximum height of buildings;
2. Attached Housing. Location, height, and arrangement of all buildings indicating the number of units in each building, and where applicable, location, arrangement, and dimensions of all lots.
(c) Location, height, arrange- ment, and identification of all nonresidential buildings and uses on the subject property, and where applicable, location and arrangement of all lots with lot dimensions.
(d) Location and arrangement of all common open-space areas and recreational facilities, including lot dimensions. Methods of ownership and operation and maintenance of such lands must be identified.
(e) Landscaping features, including identification of planting areas and the location, type, and height of walls and fences.
(f) Location of signs indicating their orientation, size, and height.
(g) 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 and culvert sizes, gradients, location of open drainage courses, width of easements, location and size of inlets and catch basins, location and size of retention and sedimentation basins, and data indicating the quantity of storm water entering the subject property naturally from areas outside 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 storm water to be discharged at various points to areas outside the subject property.
4. Other utilities (for example, electric and telephone), including the type of service and the width of easements.
(h) Location of all off-street parking, loading or unloading, and driveway areas, including typical cross sections, the type of surfacing, dimensions, and the number and arrangement of off-street parking, and loading or unloading spaces.
(i) Circulation System.
1. Pedestrian walkways, including alignment, grades, type of surfacing, and width;
2. Streets, including alignment, grades, type of surfacing, width of pavement and right-of-way, geometric details, and typical cross sections.
(j) Provisions for control of erosion, hillside slippage, and sedimentation, indicating the temporary and permanent control practices and measures that will be implemented during all phases of clearing, grading, and construction;
(k) A schedule of development, including the staging and phasing of:
1. Residential area, in order of priority, by type of dwelling unit;
2. Streets, utilities, and other public facility improvements, in order of priority;
3. Dedication of land to public use or set aside for common ownership; and
4. Nonresidential buildings and uses, in order of priority.
5. The aforementioned required information may be combined in any suitable and convenient manner so long as the data required is clearly indicated.
(5) Record Plat Requirements. The applicant must submit a record plat in conformance with the Stage II approved plans. If the record plat is submitted in sections, an index must be developed showing the entire plan area. The particular number of the section and the relationship of each adjoining section must be clearly shown by a small key map on each section submitted. The record plat must conform to the applicable requirements of the subdivision regulations, unless specifically waived by the Planning Commission.
(B) Planning Commission Action.
(1) The Kenton County Planning Commission or its authorized representative must review the Stage II plan to determine if it complies with the approved Stage I development plan and all other applicable requirements of this zoning ordinance.
(2) Stage II plans may be approved only if the Planning Commission, or its duly authorized representative, determines that they comply with the approved Stage I development plan and all other applicable requirements of the subdivision regulations and this zoning ordinance.
(3) In approving the Stage II plan, the Planning Commission, or its duly authorized representative, is authorized to approve minor deviations from the approved Stage I development plan, provided that such deviations do not significantly affect the spatial relationship of structures, significantly change land uses, increase overall density, significantly alter circulation patterns (vehicles and pedestrian), decrease the amount or usability of open space or recreation areas, or permit activities that do not comply with this zoning ordinance. Any proposed deviation that affects these specified elements of the development plan will require an amendment to the Stage I development plan per § 12.05.04.
(4) Following approval of a Stage II plan, the Planning Commission, or its duly authorized representative, must forward a copy of the approved Stage II plan to the Zoning Administrator, who is authorized to grant permits only in accordance with the approved Stage II plan and other applicable regulations of this zoning ordinance.
(5) Following approval of a Stage II plan, the Planning Commission, or its duly authorized representative, must review the submitted record plat to determine if it complies with the applicable requirements of the subdivision regulations and the approved Stage II plan.
(6) Record plats may be approved only if the Planning Commission determines that the record plat complies with the applicable requirements of the subdivision regulations and the approved Stage II plan.
(7) Following approval of the record plat, a certified copy of the plat must be forwarded to the office of the County Clerk to be recorded.
12.05.04 Amendments. Any amendments to plans, except for minor deviations that are permitted by the Planning Commission, or its duly authorized representative, must be made in accordance with the procedure required by this section, subject to the same limitations and requirements as those under which the plans were originally approved.
12.05.05 Expiration. Any amendment to the PUD Overlay zone is subject to the time constraints noted below. On expiration of the time period and any extensions thereto, the legislative body may initiate a request for a public hearing by the Planning Commission in accordance with the requirements of KRS Chapter 100 for the purpose of determining whether the PUD Overlay zone should revert to its original zoning designation. A public hearing may be initiated if either of the following conditions applies:
(A) A Stage II Plan has not been approved by the Planning Commission, or its duly authorized representative, within 24 months of the date of the Stage I plan approval and overlay zone amendment by the City Commission. The City Commission is authorized to grant an extension of time if it determines, based on evidence provided by the applicant, that prevailing conditions have not changed appreciably to render the Stage I approved plan obsolete.
(B) Substantial construction has not been initiated within a period of 12 consecutive months from the date of approval of the Stage II plan by the Planning Commission, or its duly authorized representative. The City Commission is authorized to grant an extension of time if it determines, based on evidence provided by the applicant, that 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 plan obsolete. The amount of construction that constitutes initiating substantial construction must be as approved in the Stage II approved plan.
(Ord. O-37-06, passed 8-15-06; Am. Ord. O-04-15, passed 3-19-15; Am. Ord. O-26-16, passed 8-23-16)