A. Purpose: the purposes of the Planned Unit Development (PUD) Overlay Zone are to: promote flexibility in design and permit planned diversification in the relationships between location of and types of uses and structures; promote the advantages of modern large scale site planning for community development through the efficient use of land facilitating a more economic arrangement of building , circulation systems, land uses, and utilities; preserve, to the greatest extent possible, the existing landscape features and amenities, and to utilize such features in a harmonious fashion; provide for more usable and suitably located recreation facilities, other public and common facilities than would otherwise be provided under conventional land development procedures, but always with the intention of furthering the public health, safety, and general welfare.
B. General: A Planned Unit Development Overlay Zone may be permitted only to be superimposed over any of the Residential zones, provided that all conditions or provisions of this section of the Ordinance, t applicable requirements of the subdivision regulations, and any additional requirements as may be determined necessary to provide for the most efficient layout of the PUD and its proper integration with the surrounding developments are met; and a public hearing is held on the PUD application.
C. Application and processing: application for Planned Unit Development Overlay Zone shall be processed as follows in two stages:
1. Stage I - Development Plan and Zoning Map Amendment: application for amendment to PUD Overlay Zone shall include a development plan in accordance with the requirements of § 9.20, Stage I Plan requirements.
a. The Planning Commission shall hold a public hearing on the proposed application, in accordance with the requirements of KRS Chapter 424, and review said application with regard to its compliance with the stated purposes of the PUD Overlay Zone, the required elements of the Stage I Development Plan and other applicable requirements of this section. Upon holding a hearing, the Planning Commission shall make one of the following recommendations to the City Council: approval, approval with conditions, or disapproval. The Planning Commission shall submit along with their recommendations a copy of the Stage I Development Plan and the bases for their recommendation.
b. The City Council shall, within (45) days after receiving the recommendations of the Planning Commission, review said recommendations and take action to approve, or disapprove said PUD application. Such action may incorporate any conditions imposed by the City Council. However, should the City Council take action to impose different conditions than were reviewed and considered by the Planning Commission, then said conditions shall be resubmitted to the Planning Commission, for further review and recommendation in accordance with division C.1.a. above. Approval of the PUD Overlay Zone shall require that development be in conformance with the Stage I approved plan.
c. The City Council shall forward a copy of the approved plan to the Planning Commission for further processing in accordance with the requirements for Stage II Plan and record plat.
d. Zoning map amendment. Upon approval of the PUD Overlay Zone, the official zoning map shall be amended by adding the prefix “PUD” to the existing residential Zone (e.g., PUD R-lB PUD-R-lC, and the like) for the area as shown on the Stage I approved plan.
2. a. STAGE II - plan and record plat. A Stage II development plan and record plat shall be developed in conformity with the Stage I approved plan and in accordance with the requirements of § 9.20.B. and C., and submitted to the Planning Commission for its review and approval. Except for the manner of submission and processing the subdivision regulations may be waived, where applicable, and the requirements of § 9.20(B) and (C) shall be substituted therefore. Those requirements not specifically waived by the Planning Commission shall conform with the subdivision regulations.
1) The Planning Commission shall review the submitted Stage II development plan with regard to its compliance with the required elements of § 9.20.B., for Stage II development plans, other applicable elements of this appendix, other applicable regulations, and its conformity with the Stage I approved plan. The Planning Commission, in approving the Stage II plan, may authorize minor adjustments from the Stage I approved plan, provided that the adjustments do not: affect the spatial relationship of structures, change land uses, increase overall density, alter circulation patterns (vehicular and pedestrian) or decrease the amount or usability of open space or recreation areas, or affect other applicable requirements of this appendix.
2) Upon Planning Commission approval of the Stage II plan, the Planning Commission shall review the submitted Record Plat with regard to its compliance with the required elements of subsection E.2, for Record Plats, the applicable requirements of the Subdivision Regulations, and its conformity with the Stage II approved development plan. Upon Planning Commission approval of the Record Plat, copies of said plat, certified by the Planning Commission, and suitable for recording, shall be forwarded by the Planning Commission to the office of the County Clerk to be recorded.
b. Upon approval of the Stage II plan, the Planning commission shall review the submitted record plat with regard to its compliance with the required elements of § 9.20.C., for record plats, the applicable requirements of the subdivision regulations, and its conformance with the Stage II approved plan.
c. Upon Planning Commission approval of the record plat, copies of the plat, certified by the Planning Commission, and suitable for recording, shall be forwarded by the Planning Commission to the office of the County Clerk to be recorded.
D. Residential uses and densities: all types of residential housing units (attached or detached) may be permitted within a PUD Overlay zone, including single-family, two-family, and multi-family units. The density of dwelling units in a PUD, shall be determined by the density (dwelling units per acre) as calculated from the existing residential (R) zone superimposed by the PUD Overlay Zone. This density shall be applied to the total project area excluding that land devoted to commercial uses and streets (public and private).
E. Area requirements: no PUD Overlay Zone shall be permitted on less than ten acres of land. However, development of a smaller tract adjacent to an existing PUD Overlay Zone, may be permitted, if the proposed development conforms to and extends the original development as if the new area had been a part of the original development.
F. Height, yard and setback regulations: requirements shall be as approved in the Plan.
H. Fences, walls, and signs: the location, height, and type of all fences, walls, and signs shall be as approved in the Plan.
I. Erosion and sedimentation control: effective erosion and sedimentation controls shall be planned and applied in accordance with § 9.8.
J. Common open space - recreation area: at least 20% of the total acreage of the proposed PUD shall be retained as common open space and recreation area, and dedicated to a public and/or private entity for operation and maintenance. Such open space and recreation areas shall be physically situated so as to be readily accessible, available to, and usable by all residents of the PUD. Common open space and recreation area shall be that part of the total project exclusive of dwellings, streets, parking areas, single-family lots, commercial areas, and other non-open space and non-recreational oriented facilities.
K. Amendments: any amendments to plans, except for the minor adjustments which may be permitted by the Planning Commission, shall be made in accordance with the procedure required by this appendix, subject to the same limitations and requirements as those under which such plans were originally approved.
L. Expiration: any amendment to PUD Overlay Zone shall be subject to the time constraint, as noted below. Upon expiration of the time period and any extension thereto, the City Council 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 said PUD Overlay Zone should revert to its original zoning designation. A public hearing may be initiated if either of the following conditions apply:
1. Stage II Plan has not been approved by the Planning Commission within a period of twelve (12) consecutive months from the date of the Stage I approved Development Plan on Overlay Zone Amendment by the City Council; provided that an extension may be permitted upon approval of the City Council or its duly authorized representative if sufficient proof can be demonstrated that prevailing conditions have not changed appreciable to render the Stage I approved plan obsolete.
2. Substantial construction has not been initiated within a period of 12 months from the date of approval of the Stage II Plan by the Planning Commission; provided that an extension may be permitted upon approval of the City Council or its 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 plan.
(Ord. 2017-6, passed 4-4-17)