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(A) Planned development projects are conditional uses in the following zoning districts: R-3 - Residential PDP's only: R-3A, R-4, R-5, B-1, B-2, B-3, B-4, professional office, industrial - PDP's other than for residential uses.
(B) Planned development projects are prohibited in the following zoning districts: R-1, R-2, agricultural, floodway.
(C) Intent. It is the intent of the Planning Commission to allow some flexibility in this chapter. This is done in recognition that times have changed and are changing. A planned development project is unique and is not intended for every development. However an innovative project may be allowed through this provision. It is intended that a condominium project or an office park or any combination of such be considered.
(D) Procedure. The planned development project process is designed for projects that are complex or innovative and perhaps different from normal development within the area. All planned development projects shall be subject to the following regulations:
(1) Determination whether project subject to process. The Zoning Official will determine if a project should follow the planned development project process.
(2) Advisory meeting with Planning Commission. The developer of a proposed planned development project shall meet with the Planning Commission prior to the preparation or submission of a plat. The purpose of this meeting shall be to discuss informally with the Planning Commission the minimum requirements and design standards for planned development projects as well as to discuss existing or proposed development which may affect or be affected by, the proposed project. For the purpose of such discussion the developer shall provide a sketch plan indicating the proposed project area, its relationship to the surrounding area and the general development scheme to be presented in the preliminary plat application. Formal application or filing of a plat with the Planning Commission is not required for the advisory meeting.
(3) Board of Zoning Adjustments to determine compatibility. After the advisory meeting with the Planning Commission the Board of Zoning Adjustments will meet to determine if a project is compatible in its proposed location. A planned development project application and a plat shall be filed with the Zoning Official prior to the Board of Zoning Adjustments' meeting. If the Board of Zoning Adjustments finds the project to be compatible with the surrounding area, a planned development project application and a plat shall be filed with the zoning official. A public hearing will be held by the Planning Commission within 60 days.
(4) Notice of hearing. Notice of the public hearing shall be given as follows:
(a) Notice of the time, place and reason for holding a public hearing shall be given by one publication in the newspaper of general circulation in Calloway County, Kentucky, not earlier than 21 days nor later than seven days before the public hearing.
(b) Notice of the hearing shall be given at least 14 days in advance of the hearing by first class mail to the owners of all property adjoining the property where the project is proposed. This includes those properties across public rights-of-ways. If the property is jointly owned all property owners must be listed. It shall be the duty of the project applicant to furnish the names and addresses of the owners of all adjoining properties.
(c) Notice of the hearing shall be posted conspicuously on the property for 14 consecutive days immediately prior to the hearing. The sign shall state "planned development project site" in letters three inches in height. The time, place and date of hearing shall be in letters at least one inch in height. The sign shall be constructed of durable material and shall state the telephone number of the appropriate zoning commission.
(5) Public hearing before the Planning Commission. The Planning Commission will conduct the public hearing as follows:
(a) The Chairperson of the Planning Commission shall preside at the hearing and shall be responsible for its conduct.
(b) The applicant or opponent may represent himself, may be represented by counsel, or may be represented by another person or persons. Both the applicant and the opponent may present witnesses to testify. Both the applicant and opponent shall have the right to cross-examine any witnesses who testify against them.
(c) The order of the hearing shall be as follows:
1. Opening statement by applicant.
2. Opening statement by opponent.
3. Presentation of evidence and testimony by applicant.
4. Presentation of evidence and testimony by opponent.
5. Rebuttal of evidence and testimony by applicant.
6. Rebuttal of evidence and testimony by opponent.
7. Closing statement by applicant.
8. Closing statement by opponent.
(d) No formal rules of evidence shall be required. The hearing itself shall be as informal as possible consistent with an orderly determination in a fair and impartial manner of the issues before the Commission.
(e) The hearing shall be electronically recorded. If a transcript is requested by either the applicant or opponent the expense shall be accrued to said party requesting the transcript. If the Planning Commission gives preliminary approval to the proposed project, the Commission must recommend to the Board of Zoning Adjustments that the project be considered for a conditional use permit.
(6) Conditional use process. An application for a conditional use permit must be filed with the Zoning Official prior to the meeting of the Board of Zoning Adjustments. The conditional use application process for a planned development project will be the same as for any other conditional use once the Planning Commission has given preliminary approval, except that a conditional use permit for any planned development project will not be valid until the Planning Commission has reviewed and approved the final plat of the project and certified such on the final plat.
(7) Planning Commission final approval. Upon receiving written authorization by the Board of Zoning Adjustments of its approval for a conditional use permit, the applicant shall submit the plat of the proposed planned development project to the Planning Commission for its review and final approval within six months from the date of such written approval. If the Planning Commission finds that the plat is substantially in accord with preliminary approval and fulfills the attached special conditions, the Planning Commission may approve the project and the Chairperson of the Planning Commission shall indicate such approval on the final plat. The planned development project shall thereafter be subject to all of the provisions of this chapter regarding conditional use permits including recording, effect, noncompliance, time limit and permanently satisfied permits.
(E) Dimension and area regulations. Dimension and area regulations and lot sizes may vary from that allowed in the applicable zoning district but are intended to be consistent and compatible with existing development. The overall density shall be consistent with the applicable zoning district.
(F) Signs. Signs are allowed as provided by the Planning Commission, and only as specified on the approved development plan.
(G) Other requirements.
(1) All PDP's must be filed as approved by the Planning Commission and Board of Zoning Adjustments with the Calloway County Clerk's office and the Murray Planning Commission. No changes will be permitted unless prior approval is received by the Board of Zoning Adjustments and these must be consistent with the Planning Commission's intent and direction. All changes will also be recorded with the Clerk and the Planning Commission and will originate with the Zoning Official.
(2) The plat submitted to the Board of Zoning Adjustments and Planning Commission shall have the following information contained and data, and shall be drawn to an appropriate scale as to the size and nature of the project as approved by the Planning Department.
(b) Parking areas with arrangement and number of parking spaces.
(c) Entrance and exit roads and their relationship to existing and proposed streets, alleys and other public ways.
(d) Setback lines, permanent open spaces, separation strips and landscaped areas.
(e) Date, title, name and location of the PDP, graphic scale, and true north line.
(f) All dimensions, angles, bearings and similar data on date on the plat shall be tied to the primary control points, location and description of such control points shall be given.
(g) Project boundary lines, buildings, parking areas, setback lines, permanent open spaces, separation strips, landscaped areas, easements, access roads and street right-of-way lines with accurate dimensions to the nearest .01 of a foot; bearings or deflection angles, radii, arcs, and central angles of all curves with dimensions to the nearest minute.
(h) Designation of all buildings, parking areas, permanent open spaces, separation strips, landscaped areas, easements, access roads, street rights-of-way and other areas by name, use, purpose or other appropriate method as well as by width, length, land area or floor area devoted to such use or purpose.
(i) Location and description of monuments.
(j) Name and locations of adjoining subdivisions, streets or other property.
(k) Certification, on plat, of title showing that the applicant is the owner and a statement by such owner dedicating streets, rights-of-way and any other sites for public use, if any.
(l) Certification, on plat, by surveyor or engineer as to the accuracy of survey and plat.
(m) All special conditions attached to preliminary approval or any restrictions specified by the owner shall be placed directly on the final plat or attached thereto in form for recording.
(n) Certification attached to plat stating that the owner has complied with the following:
1. A surety bond or certified check has been posted with the city in sufficient amount to assure completion of all such required improvements within two years.
(o) Certification on plat by the Chairperson of the Planning Commission and Board of Zoning Adjustments that the plat has been approved for recording in the office of the County Clerk.
(3) The requirement for all planned-development project shall be as follows:
(a) Construction of all PDP's shall be initiated within one year after approval of the final plat.
(b) The owner of a PDP shall provide and permanently maintain the areas required for landscaping purposes. The landscaping is subject to review and approval by the Planning Commission before preliminary or final approval.
(c) The applicant of a PDP may be required to provide a detailed statement of proposal, including covenants, agreements, or other specific documents, showing the ownership and method of assuring perpetual maintenance to be applied to those areas within the project that are to be used for open space, recreational or other common or quasi public purposes. Such a statement, if required, shall be attached to the preliminary and final plats as special conditions.
(d) The applicant of a PDP may
be required to provide a statement of financial responsibility including the posting of a surety bond or certified check payable to the city to assure the installation of improvements required as special conditions. The bond or check shall be subject to the condition that the improvements will be completed within two years after approval of the final plat.
(e) In addition to the Board of Zoning Adjustments' fees for two meetings and the zoning fee, the Planning Commission shall set a plat review fee of $50 per final plat reviewed by the Planning Commission.
(f) An application for a PDP may include a proposed subdivision of the tract of land within the project property lines into one or more separately owned and operated units. Such proposed subdivision, if approved with the proposed PDP and if in compliance with the city subdivision regulations, shall be permissible without further subdivision regulation approval. Any PDP which includes a proposed subdivision of the total tract of land within the property lines into one or more separately owned and operated units shall, if approved, be subject to all attached special conditions and all provisions of this chapter regarding conditional use permits in its entirety including all approved subdivisions regardless of their ownership.
(g) There shall be no subdivision of an approved PDP unless such subdivision is in conformance with the originally approved and recorded final plat or an amended final plat of the PDP has been approved and recorded in conformance with this chapter recording the procedure for review and approval of all PDP's.
(h) There shall be no change, alteration, amendment or extension of any approved PDP final plat unless such change, alteration, amendment or extension is approved in conformance with this chapter.
(i) Construction of all PDP's shall be completed within two years after approval of the final plat. The Planning Commission may, however, require as a special condition the completion of the project at an earlier date or may grant an extension of completion time when such extension is deemed reasonable and necessary by the Planning Commission.
(H) General standards. In any PDP, although it is permissible to depart from the conformance with the principal building and single-lot dimension and area regulations contained in this chapter, there shall be no diminution of the regulations and standards set forth in this chapter for PDP's.
(1) The Planning Commission shall examine the proposed PDP with particular attention to the following:
(a) The influence the proposed project may be expected to have on existing or future development in surrounding areas and the achievement of a desirable spatial relationship between the buildings and the land, and between the buildings themselves.
(b) To insure that the roads, thoroughfares, streets, and accompanying access points proposed are suitable and adequate to carry anticipated traffic and that increased land use intensity will not generate traffic in such amounts as to overload the existing or proposed street network.
(c) To insure that existing or proposed utility services are adequate for the population densities or land use intensities proposed.
(2) Off-street parking space shall be provided on the site as prescribed in § 156.014, General Regulations for Vehicles. All parking space and access thereto shall be paved in a manner approved by the Planning Commission.
(3) Areas shall be provided for the loading and unloading of delivery trucks and other vehicles and for the servicing of buildings by refuse collection, fuel and other service vehicles, in addition to the required automobile parking spaces. Such areas shall be adequate in size and so arranged that they may be used without blockage or interference with the use of accessways or automobile parking facilities.
(4) No PDP shall be permitted vehicular access to a minor residential street unless specifically approved by the Planning Commission.
(5) Lighting facilities shall be arranged in such a manner so as to prevent direct glare or hazardous interference of any kind to adjoining street or properties.
(6) All PDP building construction shall conform to all local, state and federal regulations pertaining to the particular type of building or buildings proposed. The Planning Commission may also require as a special condition that any building construction in a PDP be of an approved fire resistant material or that before the certificate of occupancy for any building within the project is approved, the developer must provide the enforcement officer written certificates of approval from the State Fire Marshal or State Health Department.
(7) The Planning commission shall attach any reasonable special conditions necessary to insure that there be no departure from the intent of this zoning code.
(8) Because a PDP is inherently more complex than single lot development and because each such project must be tailored to the topography and neighboring uses, the standards and special conditions for such projects cannot be inflexible.
(9) Adult-oriented businesses are prohibited as a planned development project.
(Ord. 89-890, passed 4-27-89; Am. Ord. 90-925, passed 7-26-90; Am. Ord. 98-1174, passed 12-28-98; Am. Ord. 2007-1438, passed 3-22-07)