The development plan process is a four part process that consists of the pre-application conference, the submission of development plan exhibits, review and filing of the development plan.
(A) Preapplication conference. Prior to formal submission of a proposed development plan, the applicant or his or her agent shall have a conference with the Planning Commission to:
(1) Determine if the proposed use is allowable;
(2) Determine the classification of the allowable use;
(3) Determine the adjoining use classifications and if the proposed use is compatible;
(4) Discuss the dimensional variance procedure if necessary; and
(5) Discuss the effect the comprehensive plan, the zoning ordinance, the joint land use study and other land development measures would have on the proposed development. In addition, the pre-application conference may be utilized for determining what other elements may be necessary for the development plan.
(B) Development plan exhibits. A development plan addressing the extent to which said development complies with this and other applicable ordinances and reasons why the proposed use is suitable and appropriate for this district shall be submitted to the Planning Commission. The development plan shall include, at a minimum:
(1) Land use classification # 1-3 development plans are not required to be drafted by a registered design professional unless it requires a subdivision plat or the Planning Commission staff deems it necessary for review. Land use classification # 4-7 development plans shall be drafted by a registered design professional properly licensed and registered in the state of Kentucky. An initial development plan review fee will be required upon the submission of the development plan. The Planning Commission will have 30 working days to review a development plan for compliance with the ordinance;
(2) A signed statement by the applicant that the applicant understands and agrees that approval of the development plan and subsequent permits granted under this chapter may be revoked should actual use of the property deviate from any development plan approved by the Planning Commission;
(3) Sufficient information to show the relationships between proposed land uses, natural features, roads, utilities and recreational amenities. The Planning Commission shall determine the information required to be shown on the development plan based in part on the degree to which the proposed development deviates from the applicable ordinance requirements;
(4) The location and size of the site and the nature of the landowner’s interest in the land proposed to be developed. A legal description and accompanying map exhibit of the property, showing the location and type of boundary evidenced and to include a vicinity map;
(5) Date, north seeking arrow and scale. All development plans shall be drawn to one inch = 100 feet or one inch = 200 feet scale to clearly delineate the applicant’s proposed use and development of the subject property. The scale shall be indicated on the development plan;
(6) Name and address of record of landowner, registered architect/engineer/surveyor and contractor;
(7) The population density and intensity of use for each part of the site to be developed;
(8) The location and size of any common open space, if proposed, and the form of organization proposed to own and maintain any common space;
(9) Size, height, bulk and location of existing and proposed structures and driveways on the subject property, and turning lanes and crossover points within 100 feet of the property;
(10) The proposals for disposition of sanitary waste;
(11) The content of covenants, grants of easements or other restrictions proposed to be imposed upon the use of the land, buildings and structures, including proposed easements or grants for public utilities easements;
(12) The provisions for parking of vehicles and the location and width of proposed streets and public ways and maintenance of public improvements in accordance with Chapter 162, Maintenance for Public Improvements, of the Hopkinsville Code of Ordinances;
(13) The compliance with §§ 158.035 through 158.043, General District Regulations; §§ 158.160 through 158.163, Off-Street Parking, Storage and Loading Requirements; §§ 158.175 through 158.184, Signs and Outdoor Advertising Displays; §§ 158.195 through 158.201, Home Occupations, of the Hopkinsville Code of Ordinances;
(14) In cases where plans call for development over a period of years or the development of mixed densities or intensities, a schedule shall be submitted, showing the proposed times within which applications for final approval of all sections of the planned development are intended to be filed. In such cases where the implementation or construction extends beyond two years after original approval, the Planning Commission may require plans to be resubmitted for review and compliance with this chapter;
(15) Location of existing and proposed rights-of-way, easements and infrastructure (streets, sewers, water lines and the like) including proposed easements for public utilities easements;
(16) Existing topography and final grades;
(17) Locations of areas subject to flooding, center lines of drainage courses and finished floor elevations of proposed buildings;
(18) Construction plans (in accordance with the Kentucky Building Code) for approval for all proposed buildings;
(19) The yard dimensions, required and provided, from the development boundaries and adjacent streets and alleys;
(20) The traffic and the pedestrian circulation plan, including the location and width of all streets, driveways, entrances to parking areas and parking structures, walkways and bicycle paths. A Land Use Classification # 7 proposed within this district, shall submit a traffic impact study if determined to be a “significant development”. As used herein, the term “significant developments” shall mean any development which will generate 200 or more additional (new) peak direction (inbound or outbound) trips to or from the site during the adjacent roadway’s peak hour or the development’s peak hour. Traffic impact study requirements are defined in § 158.406, division (B), Traffic Circulation, of this chapter. In such cases, the traffic circulation plan shall be approved by the Planning Commission, and they may require changes therein deemed necessary or desirable to ensure safety, to minimize traffic difficulty and to safeguard adjacent properties;
(22) A Landscape Plan, detailing all proposed landscaping and buffering for the site in accordance with § 158.406(E), Buffering, of this chapter;
(24) Drainage and Storm Water Management Plan sufficient to meet the Storm Water Management and Control Ordinance, Chapter 155 and Flood Damage Prevention Ordinance, Chapter 151 requirements, of the Hopkinsville Code of Ordinances;
(26) Other such information the Planning Commission deems appropriate.
(C) Review/filing of development plans.
(1) Allowable use. The Development Plan is submitted to the Planning Commission. The Planning Commission shall consult applicable department heads, to include, but not limited to, police, fire, utilities, public works, DOD planners and the like, for their review, comments and recommendations pertaining to the Development Plan. The Planning Commission will have 30 working days to review and make the following decision:
(a) Approve the Development Plan as submitted;
(b) Defer approval and require the applicant to make changes in order to comply with this chapter. Deficiencies will be reported and given to the developer to address;
(c) Reject the Development Plan as inappropriate with design standards established in this chapter; and
(d) Filing of Development Plan. Upon approval of the Development Plan, the Planning Commission shall issue the applicable building and zoning permits. The Development Plan shall be filed within the office of the County Court Clerk, as required in KRS 100.3681, as amended. Filing shall be the responsibility of the applicant and the applicant shall submit proof of filing to the Planning Commission.
(2) Special use. Special uses that have obtained a dimensional variance for a buffer distance requirement may submit a Development Plan to the Planning Commission for review and approval. The Planning Commission shall consult applicable department heads, to include but not limited to police, fire, utilities, public works and the like, for their review, comments and recommendations for the proposed special use development plan. The Planning Commission will have 45 working days to review and make a decision on the proposed special use development plan.
(a) Upon receipt of a Special Use Development Plan, the Planning Commission shall notify the public of the Special Use Development Plan in one or more newspapers of general circulation of the city at least 14 days before the Planning Commission’s meeting and decision. The Special Use Development Plan staff report will be available for review by the public seven days before the Planning Commission meeting.
(b) The Planning Commission staff will post notice of special use development plan on property at least 14 days prior to the Planning Commission’s decision.
(c) At the scheduled Planning Commission meeting the Planning Commission shall by vote approve, reject or defer the Special Use Development Plan based upon the Special Use Development Plan’s compliance with the specific design requirements in this subchapter. Deficiencies will be reported and given to the developer to address.
(d) Upon approval of the Special Use Development Plan the Planning Commission shall issue the applicable building and zoning permits. The Development Plan shall be filed within the office of the County Court Clerk, as required in KRS 100.3681. Filing shall be the responsibility of the applicant and the applicant shall submit proof of filing to the Planning Commission.
(3) Appeals from Planning Commission decisions. A decision to approve or reject a development plan shall constitute final action by the Planning Commission. Aggrieved parties may seek relief of a Planning Commission decision through the Christian County Circuit Court in accordance with KRS 100.347, as amended. An appeal shall be made within 30 days of the Planning Commission’s written decision.
(Ord. 33-99, passed 11-2-1999)