SECTION 9.24 PLANNED UNIT DEVELOPMENT REGULATIONS (PUD)
   A.   PURPOSE: The purposes of the Planned Unit Development (PUD) Regulations are to: promote flexibility in design and permit planned diversification to 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 buildings, 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; providing 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.   ZONES PERMITTING PLANNED UNIT DEVELOPMENT: A Planned Unit Development may be permitted in any zone where it is listed as “Permitted Principal Use”, provided all conditions or provisions as set forth in this section are met and a public hearing is held in accordance with requirements of KRS Chapter 424 on the concept development plan.
   C.   GENERAL: Areas of land to be developed under the provisions of this section of the Ordinance shall be controlled by the following general guidelines and requirements:
      1.   Permitted Uses: All uses within a PUD are determined by the provisions of this Section and the approved plan of the project concerned.
         a.   Residential Uses: Residential Uses may be of a variety of types including single family, two-family and multi family dwelling units. In developing a balanced community, the use of a variety of housing types including zero lot line, cluster, rowhouse and townhouses shall be deemed in keeping with this section.
         b.   Commercial, Service, Other Non Residential Uses: Commercial, industrial and other non residential uses may be included in a PUD subject to approval by the Planning and Zoning Commission. Such uses, their locations, and commercial area designs shall be compatible with the residential uses. This section encourages a mixture of residential support uses to improve economic development of the PUD, specifically, and to the community, in general. Commercial, business, or industrial uses shall be reviewed by the Planning Commission to determine the following:
            (1)   That the uses permitted are necessary or desirable and are appropriate with respect to the purpose of this PUD Section.
            (2)   That the uses are not of such nature or so located as to exercise a detrimental influence on the PUD nor on the surrounding neighborhood.
            (3)   That the areas and uses are planned as an integral part of the PUD.
            (4)   That the uses are located and so designed as to provide direct access to a collector or an arterial street without creating traffic congestion or hazard.
      2.   Minimum Area Requirements: The minimum area required for a PUD shall be a gross land area of five (5) acres if used for residential zone purposes. Provided, however, no commercial uses shall be permitted in a PUD containing a gross land area less than ten (10) acres. Further provided, however, that no manufacturing uses shall be permitted in a PUD containing a gross land area of less than twenty (20) acres.
      3.   Setback Requirements: The location of all structures shall be as shown on the final approved plat. Minimum lot size, front, rear, and side yard lines, and lot width shall be established by the Planning and Zoning Commission at the time of Concept Approval, consistent with the intent of this Chapter and sound planning practices. Planning and Zoning Commission may be guided by standards set elsewhere in this ordinance for comparable conditions and by common good practice. The relationship of buildings to each other, to the local street system, and to open space land shall be consistent with the intent of this Section
      4.   Intensity of Land Use: Because land is used more efficiently in a PUD, improved environmental quality can often be produced with a greater number of dwelling units per gross acre than usually permitted in a traditionally zoned district. The Planning and Zoning Commission shall determine in each case the appropriate land use and dwelling unit density for individual projects or sections thereof.  However, the following guidelines shall be adhered to: followed unless special circumstances render an exception:
         a.   Residential Densities: Residential Densities are to be governed by the approved underlying zones.
         b.   Land Use Ratios:
            (1)   Land Use ratios are to be determined based on the underlying zones and approved preliminary development plan.
      5.   Common Property: Common property in a PUD is a parcel or parcels of land, together with the improvements thereon, the use and enjoyment of which are shared by the owners and occupants. When common property exists, the ownership of  such common property may be either public or private. When common property exists, satisfactory arrangements shall be made for the improvement, operation, and maintenance of such common property and facilities, including private streets, drives, service and parking areas, and recreational and open spaces. The landowner shall provide for and establish an organization for the ownership and maintenance of any private common open space, and such organization shall not be dissolved nor shall it dispose of any common open space.
      6.   Conflict of Restrictions: Wherever there is a conflict or difference between the provisions of this section and those of the other sections of this ordinance, the provisions of this section shall prevail. Subjects not covered by this section shall be governed by the respective provisions found elsewhere in this ordinance unless otherwise approved by the plan commission.
      7.   Utilities: All utilities, including communication and electrical systems, shall be placed underground within the limits of a PUD. Appurtenances to these systems may be accepted.
      8.   Streets: The design and designation of all streets, public or private, shall be subject to the approval of the Planning Commission where necessary. Because of the nature of a PUD and the intent of this section, the overall shape and dimension of the street right of way shall be at the discretion of the Planning and Zoning Commission.
      9.   Home Owners Association: There shall be an established Home Owners Association and its by laws and other similar deed restrictions which provide for the control and maintenance of all common areas, recreation facilities, or open spaces shall meet with the approval of the Planning Commission. If any open space or recreational facility is to be used solely by the residents of the PUD, adequate provisions shall be made for assessments against the property within the project so that such facilities can be properly maintained and operated.
      10.   Commercial Design: The plan of the project shall provide for the integrated and harmonious design of buildings in commercial and industrial areas and such parcels shall be developed in park-like surroundings utilizing landscaping and existing woodlands as buffers to screen lighting, parking areas, loading areas, and other features from the adjoining and surrounding residential areas.
      11.   Design guidelines shall be submitted and approved by Planning and Zoning along with the preliminary development plan
   D.   APPLICATION AND APPROVAL PROCEDURES. Whenever a PUD is proposed, before a permit for the erection of a permanent building in such PUD shall be granted, and before a subdivision plat of any part thereof may be filed in the office of the Planning and Zoning Commission, the developer or his authorized agent shall apply and secureapproval of such PUD in accordance with this Section. Review of the project shall take place in three (3) phases. Lack of sufficient or continuous progress as defined herein, either through or between phases, may lead to nullification of all approvals by the City of Newport Planning and Zoning Commission. Approval of any one phase does not guarantee approval of any subsequent phases.
      1.   PHASE I  CONCEPT APPROVAL:
         a.   Concept Plan - in order to allow the Planning and Zoning Commission and the developer to reach an understanding on basic design requirements prior to detailed design, the applicant shall submit:
            (1)   A legal description of the metes and bounds of the parcel.
            (2)   An area map and/or aerial photograph showing adjacent property and existing uses within three hundred (300) feet of the proposed PUD parcel.
            (3)   A concept plan approximately to scale, though it need not be to the precision of a finished engineering drawing; and it should show the following:
               a)   The existing topographical features of the site;
               b)   General map of the watershed in which the project is to be located;
               c)   Identification of soil types and geologic formations, indicating anticipated construction and development related problems and proposed solutions;
               d)   Location of proposed interior roadway system and all right-of-way widths and easements whether public or private, and including approximate dimensions of pavement, and grades;
               e)   Delineation of all existing and proposed residential and nonresidential areas, indicating for each area, its general extent, acreage, and composition in terms of total number of dwelling units and approximate percentage allocation by dwelling unit type;
                  i.)   Detached housing — location and approximate number of lots, including a typical section(s) identifying approximate lot sizes and dimension, and setback and height of buildings;
                  ii.)   Attached housing — location and description of the various housing types (townhouse, apartment, etc.) including approximate heights of typical structures and approximate number of units by housing type;
                  iii.)   Commercial uses — location and type of all uses including approximate number of acres, gross floor area and heights of buildings;
                  iv.)   Open space/recreation— the approximate amount of area proposed for common open space, including the location of recreational facilities, and identification of unique natural features to be retained;
                  v.)   Other public and semi-public uses — location and type of all uses, including approximate number of acreage and height of buildings.
               f)   Calculation of the residential density in dwelling units per gross acre including interior roadways;
               g)   Location of proposed pedestrian walkways, identifying approximate dimensions;
               h)   Where portions of the site are subject to flooding, the map shall indicate extent and frequency;
               i)   Principal ties to the community at large with respect to transportation, water supply, sanitary and storm sewers and electric;
               j)   General description of the availability of other community facilities, such as schools, fire protection services, and cultural facilities, if any, and how these facilities are affected by these proposals;
               k)   Evidence that the proposed PUD is compatible with the goals of the City’s Official Comprehensive Plan;
               l)   General statement as to how common open space is to be owned and maintained;
               m)   If the development is to be phased, a general indication of how the phasing is to proceed. Whether or not the development is to bephased, the concept plan shall show the intended total project.
         b.   The Planning and Zoning Commission shall review the concept plan and its related documents at a public hearing and shall render a written report to the applicant within fifteen (15) days of the public hearing. The Planning Commission may call upon other public or private entities to provide a sound review of the proposal. The Planning and Zoning Commission may require preliminary approval from other City or state agencies. The Commission need only concern themselves with general conceptual merit, and in no way shall commit any future acceptance or rejection of detailed design elements required in subsequent phases of plan review.  The written report shall include the following:
            (1)   Whether the proposal meets the intent and objectives of this PUD Section;
            (2)   Whether the proposal is conceptually sound in that it conforms to accepted design principals in the proposed functional roadway system, land use configuration, open space system, drainage system and scale of the developed elements;
            (3)   Whether there are adequate services and utilities available or proposed to be made available in the construction of the project.
         c.   If The Planning and Zoning Commission grants approval or approval with conditions of the proposed PUD conceptual plan, then the applicant may proceed to Phase II.
   E.   PHASE II  PRELIMINARY PLAT PETITION:
      1.   Application Filing - after having received approval of the proposed PUD conceptual plan, the applicant may then proceed to Phase II of the approval process. Application for preliminary plat approval shall be submitted to the City of Newport Planning and Zoning Commission's duly authorized representative for administrative review for conformance with the approved concept plan, the City's subdivision regulations, and other applicable elements of this ordinance including the below required information. Staff may approve the preliminary plat with minor adjustments from the concept plan, without a public hearing. In the event that staff determines that a major change has been proposed, including changes in density, circulation patterns, land use types or other similar factors, the proposed revisions shall be reviewed through the public hearing process as provided under KRS Chapter 424.
      2.   Contents of Preliminary Plat - the preliminary plat shall be filed in three (3) copies at a scale not greater than 1"=100' and include the following:
         a.   An area map showing the applicant’s entire holding, that portion of the applicant’s property under consideration, and all properties, subdivisions, streets and easements within three hundred (300) feet of the applicant’s property.
         b.   A topographic map of the entire area showing contour intervals of not more than five (5) feet of elevation shall be provided. Where existing ground is on a slope of less than two percent (2%), the plan shall show either one (1) foot contours or spot elevations where necessary, but not more than fifty (50) feet apart in all directions.
         c.   A preliminary site plan including the following information:
            (1)   Title of drawing, name of project, name and address of applicant.
            (2)   The land use plan identifying existing and proposed uses and building by type, location, quantity, design, floor area, and density of specific sections and the project in total.
            (3)   North point, scale and date.
            (4)   Existing and proposed watercourses.
            (5)   Street layout and design.
            (6)   The open space plan and planned sites for schools, recreation areas, community centers, and other public improvements where applicable.
            (7)   Location of all existing or proposed site and off site improvements, including drains, ditches, culverts, retaining walls, and fences; descriptions and location of method of sewage disposal and water supply; location and size of all signs (street name and traffic control); location and design of street and parking lighting; and the amount of building area proposed for non residential uses, if any.
            (8)   A plan for phasing the construction of the project, showing the geographical coverage of future plats, their approximate sequence of development, and the tentative timetable for development. It is the intent of this Section that the tempo and sequence of development in a PUD be such that land uses which provide only moderate local revenues, yet require large municipal and school service costs, are scheduled simultaneously with those that provide larger local revenues yet which are not as costly to service.
         d.   The Planning and Zoning Commission may require, if all or part of the gross land area of the PUD has moderate to high susceptibility to flooding, a transparent overlay showing all soils, areas, and their classifications; as well as those areas susceptible to flooding, or moderately or highly susceptible to erosion. For areas with potential erosion problems, the overlay shall also include an outline and description of existing vegetation and tree coverage.
      3.   Factors for Consideration - The Planning and Zoning Commission staff's review of a preliminary site plan shall include, but shall not be limited to, the following considerations:
         a.   Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, channelization structures, signs, and traffic controls.
         b.   Adequacy and arrangement of pedestrian traffic access and circulation; separation of pedestrian from vehicular traffic; and pedestrian convenience.
         c.   Location, arrangement, appearance, and sufficiency of off-street parking and loading.
         d.   Location, size, and placement of buildings, lighting and signs.
         e.   Type and arrangement of landscape features.
         f.   Adequacy, location, and size of storm water and sanitary waste disposal facilities.
         g.   Adequacy of structures or roadways in areas with moderate to high susceptibility to flooding, ponding, or erosion.
         h.   Conformance with other specific requirements of the Planning and Zoning Commission, which may have been stated in the PUD conceptual plan approval.
         i.   In its review, the Planning and Zoning Commission may consult with the City engineer, other departments or officials, as well as with the representatives of Federal and State agencies such as the Soil Conservation Services, or Department of Natural Resources. The Planning and Zoning Commission may also require such additional provisions and conditions that appear necessary for the public health, safety, and general welfare.
         j.   That property adjacent to the proposed development will not be adversely affected.
      4.   Action on Preliminary Plat Plan - within thirty (30) days of submittal, staff will determine whether any major changes have been proposed, and either refer the application to the Newport Planning and Zoning Commission or act on it. The Planning and Zoning Commission staff's actions shall be in the form of a written statement to the applicant stating whether or not the preliminary plat plan is conditionally approved.
   F.   PHASE III  FINAL DEVELOPMENT PLAN AND FINAL PLAT REQUIREMENTS:
      1.   Application for Final Development Plan Approval - after receiving the conditional approval from the Planning and Zoning Commission's duly authorized representative on a preliminary plat and approval for all necessary permits and curb cuts from City and/or state officials, the applicant may prepare his final Development Plan and submit it to the Planning and Zoning Commission for final approval.  The Final Development Plan shall conform substantially to the preliminary plat plan that has received conditional approval. It should incorporate any revisions or other features that may have been recommended by the Planning and Zoning Commission during concept plan and preliminary plat plan review procedures.
      2.   Final Platting Procedures - the elements of the final plat shall consist of:
         a.   Plat or plats of the subject property drawn to a scale of not greater than one (1) inch equals one hundred (100) feet, suitable for recording and which will be recorded in the office of the County Clerk, after final approval by the Planning and Zoning Commission. The plat or plats shall conform to the applicable requirements of the subdivision regulations, unless specifically waived by the Planning and Zoning Commission, and in addition to the following:
            (1)   All areas reserved for common ownership with an indication of the properties the owners will share in common.
            (2)   Such lot or parcel lines indicting tracts, which are, now in separate ownership or which may be transferred to other ownership during or after development. (Resubdivision of large lots containing several buildings may be accomplished at a later date upon application and approval);
            (3)   Indication of areas to be developed for residential (by type of housing unit), commercial, public and semi-public uses.
         b.   In addition to and along with the final plat, the applicant shall also submit a final development plat, at a scale of not greater than one (1) inch equals one hundred (100) feet, which shall set forth, identify, and locate the following:
            (1)   The proposed finished grade of the subject property shown by contours with intervals not larger than two (2) feet supplemented where necessary, by spot elevations;
            (2)   All walks, malls, and other open areas, including recreational areas, swimming pools, golf courses, tennis courts, playgrounds, etc.
            (3)   The location and type of all walls, fences, screen plantings, and landscaping;
            (4)   The location, size, height, and orientation of all signs;
            (5)   The types of surfacing proposed on the various off-street parking, and driveways including cross sections and drainage plans;
            (6)   Location and cross section drawings of all proposed streets, highways, alleys, and walkways, indicating the proposed surfacing and drainage plans;
            (7)   A plan showing all existing and proposed utilities, indicating, where applicable, pipe sizes, types, and grades;
            (8)   A drainage plan of the natural and storm sewer system of the area showing size and location of each existing and proposed structure, the approximate volume of runoff water generated by development of the subject area and the proposed method of disposing of said water. Provisions shall be included for adequate control of erosion, hillside slippage, and sedimentation, indicating the proposed temporary and permanent control practices and measures which will be implemented during all phases of clearing, grading, and construction.
            (9)   Plans and drawings required above may be combined in any suitable and convenient manner so long as the data required is clearly indicated on one or more of said plans. A separate plan or drawing for each element is not necessary, but may be provided at the option of the applicant.
            (10)   A final schedule of development staging and phasing as set forth elsewhere in this Ordinance.
            (11)   Sketches of the exteriors of several representative buildings in the project. It is intended that neither uniformity of architectural style nor unnecessary diversity thereof be a prerequisite to approval, but the developer is encouraged to exercise ingenuity in achieving a harmonious entity without undue attention to consistency. The purpose of this subsection is to permit development flexibility greater than that permitted by other sections of this Ordinance.
         c.   The Final Development Plan - after approval by the Planning and Zoning Commission, shall be delivered to the Zoning Administrator, who shall grant permits only in accordance with the approved development plan and other plans as required by this Ordinance.
   G.   SUPPLEMENTAL REGULATIONS:
      1.   Proceedings - all proceedings brought under this section shall be subject to the rules of procedure of the Planning and Zoning Commission, where not inconsistent with the procedure otherwise stated herein, except that notice by publication shall be sufficient notice for proceedings related solely to approval and modification of preliminary plat plans and final plat plan.
      2.   Modification - in the exercise of its continuing jurisdiction, the Planning and Zoning Commission may, from time to time, modify the approved final plat plan in a manner consistent with the approved preliminary plat plan to allow for changed circumstances and conditions unforeseen at the time of the original approval.
      3.   Request for Changes -  if in the development of the site, it becomes apparent that certain elements of the plan are not feasible and in need of significant modification, the applicant shall then present his solution to the Planning and Zoning Commission. The Planning and Zoning Commission shall then determine whether or not the modified plan is still in keeping with the intent of the Comprehensive Plan and zoning district with respect to the specific property. If a negative decision is reached, the site plan shall be considered as disapproved. The applicant may then produce another site plan solution. If an affirmative decision is reached, the Planning and Zoning Commission shall so notify the Zoning Administrator, stating all of the particulars of the matter and authorizing the modifications as approved.
      4.   Expiration of Approval - approval by the Planning and Zoning Commission shall expire after a period of five (5) years from the approval of the PUD’s Development Plan unless the development is fifty one percent (51%) completed in terms of public improvements such as power, gas, water, and sanitary sewers, in which latter instance an extension of time may be granted by the Planning and Zoning Commission not to exceed five (5) successive periods of two (2) years each.
      5.   Recording- all approved final plat plans and modifications thereof shall be recorded in the appropriate plat books in the office of the County Clerk after approval by the Planning and Zoning Commission.
(Am. Ord. O-2019-023, passed 9-23-2019)