A. Purpose: the purposes of the Residential Cluster Development (RCD) Overlay Zone are to provide a means whereby clusters of attached and detached single-family residential units may be constructed in the R-1 Residential Zones, and therein, through a development plan, permit a wide flexibility in the design, location, siting of buildings, in order to provide for, to the greatest extent possible, the preservation of hillside areas, and other natural geographic and topographic features, and to provide for more usable and suitable located recreation facilities and open space than would otherwise be provided under conventional R-1 residential land development procedures.
B. General: a Residential Cluster Development Overlay Zone may be permitted only to be superimposed over any of the R-1 Residential Zones, provided that all conditions on provisions of this section of the ordinance the applicable requirements of the subdivision regulations, and any additional requirements as may be determined necessary to provide for the most efficient layout of the RCD overlay zone and its proper integration with the surrounding development are met; and a public hearing is held on the RCD application.
C. Application and processing: applications for Residential Cluster Development Overlay Zone shall be processed as follows in two stages:
1. STAGE I Development Plan and Zoning Map Amendment. Application for amendment to RCD Overlay Zone shall include a development plan in accordance with the requirements of § 9.20.A, Stage I Plan Requirements.
a. The Planning Commission shall hold a public hearing on the proposed application, duly noticed, in accordance with the requirements of KRS Chapter 424, and review said application with regard to its compliance with the stated purposes of the RCD Overlay Zone, the required elements of the Stage I Plan and other applicable requirements of this section. Upon holding such hearing, the Planning Commission shall make one of the following recommendations to the legislative body; approval, approval with condition of disapproval. The planning commission shall submit along with their recommendations a copy of the Stage I Plan and the bases for their recommendations.
b. The City Council shall, within 45 days after receiving the recommendations of the Planning Commission, review said recommendation and take action to approve or disapprove said RCD 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 recommendations in accordance with division C.1.a. above. Approval of the RCD 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 requirement for Stage II Plan and record plat.
d. Zoning map amendment - upon approval of the RCD Overlay Zone, the official zoning map shall be amended by adding the prefix “RCD” to the existing residential (R-1) Zone (such as RCD-R-1B, RCD-R-1C, and so on) for the area as shown on the Stage I approved plan.
2. Stage II Development Plan and Record Plat: a Stage II Plan
and record plat shall be developed in conformance 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.
a. 1) The Planning Commission shall review the submitted Stage II 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: change land uses, increase overall density, significantly 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, a copy of the Plan, shall be forwarded to the City Inspector/Zoning Administrator, who shall grant permits only in accordance with the Stage II approved plan and other plans as may be required by this appendix.
b. 1) 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.
2) 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: attached and detached single-family dwellings may be permitted, including customary accessory uses to the permitted residential uses, within a RCD Overlay zone. The density of dwelling units in a RCD, shall be determined by the density (dwelling units per net acre) as calculated from the existing residential R-1 zone superimposed by the RCD Overlay Zone. This density shall be applied to the total project area excluding that land devoted to streets (public and private).
E. Area requirements: except as herein provided, no RCD Overlay Zone shall be permitted on less than five acres of land. Development of a smaller tract adjacent to an existing RCD 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. In addition, the RCD Overlay Zone may be permitted on less than five acres, if approved by the Planning Commission, according to the following criteria:
1. The proposed development tract would be well integrated with adjacent development so that it would not adversely affect adjacent development;
2. The limited size of the proposed development tract would not result in the creation of properties which would be unusable or which would be isolated by this development.
3. The proposed development would connect to or extend existing circulation systems (vehicular and pedestrian) and not create a traffic hazard;
4. The proposed development, including accessory uses would be designed so that any noise-creating activities or visually unattractive areas (such as dumpsters) would be buffered from adjacent properties; and
5. The proposed development tract would be a logical parcel of land for development and not be a series of fragmented parcels intermixed with existing 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 sediment 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 RCD shall be retained as common open space and recreation area, and dedicated to a public or private entity for operation and maintenance. The open space and recreation areas shall be physically situated so as to be readily accessible, available to, and usable by all residents of the RCD. 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-recreationally 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 RCD Overlay Zone shall be subject to the time constraints, as noted below. Upon expiration of the time period and any extensions 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 RCD Overlay Zone should revert to its original zoning designation. A public hearing may be initiated if either of the following conditions apply:
1. A Stage II Plan has not been approved by the Planning Commission within a period of 24 consecutive months from the date of the Stage I approved plan and RCD Overlay Zone amendment by the City Council; 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 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 Plan by the Planning Commission; provided than 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 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)