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(A) Notice of public hearing shall be given by the Planning Commission by at least one publication in one or more newspapers of general circulation in the city affected. Said notice shall be published at least 14 days before the date of the required hearing. The published notice shall conform to local procedures setting forth the time and place of the public hearing and a summary of the proposed amendment. In a situation where these requirements are in conflict with current state statutes, the notification for public hearing must comply with the statutory requirements for map and text amendment.
(B) For a map amendment, notice of the public hearing shall be given at least 14 days in advance of the hearing by certified mail, return receipt requested to the owners of property adjoining property classification of which is proposed to be changed. In a situation where these requirements are in conflict with current state statutes, the notification for public hearing must comply with the statutory requirements for map and text amendment.
(Ord. 2013-2, passed 2-7-2013)
Within 60 days from the receipt of either the proposed map or text amendment, the Planning Commission shall transmit its recommendation to the City Council. The Planning Commission may recommend that the amendment be granted as requested, or it may recommend a modification of the amendment requested, or it may recommend that the amendment be denied. The recommendation of the Planning Commission, when applicable and agreed upon, shall include the Development Plan and any and all conditions imposed pursuant to KRS 100.203 and § 153.203.
(Ord. 2013-2, passed 2-7-2013)
Within 90 days or from the date of a final dispositive vote by the Planning Commission, the City Council shall either adopt or reject the recommendation of the Planning Commission or adopt some modification thereof as provided herein.
(A) The Council shall take one of the following actions on a recommendation from the Planning Commission:
(1) The Council may take no action and after 90 days, the Planning Commission recommendation is adopted by operation of law;
(2) The Council may accept the Planning Commission recommendation (finding of fact/summary of evidence and testimony);
(3) The Council may review the transcript of the public hearing held before the Planning Commission and then either adopt or reject or modify the Planning Commission recommendation based on findings of fact developed from the review; or
(4) The Council may hold a public hearing which meets the notice requirements in the ordinance and, at the conclusion of the public hearing, make a final decision based on findings of fact developed at the hearing.
(B) The Council can then go into deliberations and develop findings of fact which support its decision. The Council may go into closed session to deliberate.
(C) It shall take a majority of the entire legislative body to override the recommendation of the Planning Commission.
(D) An ordinance will be adopted to reflect any final action resulting in a map amendment or text amendment.
(Ord. 2013-2, passed 2-7-2013)
PLAN REVIEW
New developments defined as: multi-family structures, developments using the planned unit development (PUD) or zero lot line (ZLL) provisions found in this chapter, and industrial or commercial developments of more than one-half acre shall be subject to a plan review. The plan review shall consist of a site plan and other exhibits as deemed necessary by the Planning Commission in order to gain full insight into the developer’s intent.
(Ord. 2013-2, passed 2-7-2013)
The following exhibits shall be prepared by design professionals, such as architects, landscape architects, surveyors and engineers and be submitted to the Planning Commission with the appropriate fee and application forms as established in the appendices following this chapter.
(A) Storm water management plans and flood safety and protection certification certified by a professional engineer or architect with three copies of the respective application and six copies of the design and construction of the storm water and flood safety plans, with all pertinent calculations (if applicable).
(B) A site plan of the proposed project (12 copies) which shows the following information:
(1) A map drawn to scale, preferably one inch equals 100 feet or one inch equals 50 feet;
(2) A written legal description;
(3) Existing topography and contour intervals not greater than five feet;
(4) Final grade contours with intervals not exceeding five feet;
(5) A vicinity map with existing streets;
(6) Proposed surface water drainage;
(7) Existing and proposed property lines;
(8) Parking and loading areas;
(9) Areas to be dedicated or reserved for parks, playgrounds and the like;
(10) Existing natural features;
(11) Location of existing and proposed utilities, water and sewer lines, (size), power lines and the like; and
(12) Location of proposed buildings with:
(a) Setback lines;
(b) Adequate security lighting;
(c) The required number of parking spaces;
(d) Trash and garbage containment with proposed buffer;
(e) Gross and net acreage;
(f) Lot sizes (dimensions and square footage);
(g) Building heights and stories;
(h) Building coverage for each lot;
(i) Existing and proposed landscaping; and
(j) Buffering elements which will provide a logical transition to adjoining, existing or permitted uses.
(Ord. 2013-2, passed 2-7-2013)
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