McCracken County Fiscal Court

Amendments and Development Plans

I.           Intent.  The intent of this section is to provide guidance for the zoning code amendment processes, including text and map amendments.  It shall also be the intent of this section to guide the use of development plans, which may be used for a variety of planning and zoning processes, including map amendments.  The Planning Commission in its obligation to promote the public health, safety, and general well being shall consider, but not be limited to, the following in its amendatory and development plan considerations:

A.            The conservation of natural resources, which may include various wildlife, forms, vegetation, steep slopes, surface water, ground water, floodplain, soils, geologically sensitive areas, air quality, noise, sufficient sunlight exposure, etc.;

B.             The conservation of sites that have historic, architectural, or archeological value;

C.             The provision for safe, efficient vehicular and pedestrian transportation, off-street parking and loading within the development and the community and neighborhood;

D.            The provision for sufficient open space and recreational opportunities;

E.             The compatibility of the overall site design (buildings, parking, circulation, signs, screening, and landscaping) and land use with the existing and projected future land use of the area;

F.             The provision for adequate drainage facilities to prevent runoff problems during times of peak precipitation and flooding to the site and the surrounding community/neighborhood:

G.            The provision that infrastructure needs shall, as they relate to essential services and infrastructure systems, be adequately addressed;

H.            The development plan's compliance with the comprehensive plan and all applicable regulations as per County subdivision regulations.

II.         Initiation and Actions Required for Amendment.  This zoning code, including both the text and the zoning map, may be amended, supplemented, changed, modified, or repealed.  A proposal for amendment to any zoning regulation may originate with the Planning Commission, or with the owner of the property in question.  Regardless of the origin of the proposed amendment, it shall be referred to the Planning Commission before adoption.

III.       Public Notice of Proposed Map Amendments and other Development Plans

A.            Map Amendment Public Hearings.

1.            The Planning Commission shall hold at least one public hearing after notice as required by KRS Chs. 100 and 424.  The Planning Commission shall send copies of the notice to property owners surrounding the proposed zoning change within a radius of 200 feet of the property proposed for a map amendment.

B.             All other Development Plan Public Hearings.

1.            For Development Plans that do not have a map amendment, the Planning Commission shall hold at least one public hearing after notice per the requirements of KRS 424.  The Planning Commission shall send copies of the notice to property owners surrounding the subject site.

C.             All procedures for public notice and publication as well as for adoption shall be the same as for the original enactment of a zoning ordinance (KRS 100, 424).

IV.       Findings Required. 

A.            Map Amendments. Before any map amendment is granted, the Planning Commission must find that the map amendment is in agreement with the comprehensive plan, or, in the absence of such a finding, that one or more of the following apply, and such findings shall be recorded in the minutes and records of the Planning Commission and McCracken County Fiscal Court.

1.            That the original zoning classification given to the property was inappropriate or improper;

2.            That there have been major changes of an economic, physical, or social nature within the area involved which were not anticipated in the comprehensive plan and which have substantially altered the basic character or the area.

B.             All Other Development Plans.  Before Developments (except Map Amendments) are granted, the Planning Commission shall consider and find:

1.            That the proposal is compliance with the comprehensive plan.

2.            That the proposal is in compliance with all zoning requirements.

3.            That the proposal is in compliance with all other McCracken County Ordinances and policies.

4.            That in the granting of the request for special consideration and relief, the purpose and intent of this ordinance is not subverted or undermined; but rather that the development plan promotes efficiency and flexibility in development of the site; and that the public's interest is secured.

V.         Variances and Conditional Use Permits.  The Planning Commission may hear and finally decide applications for variances or conditional use permits when a proposed development plan requires a map amendment and one or more variances or conditional use permits.  The Planning Commission shall assume all powers and duties otherwise exercised by the Board of Adjustment pursuant to KRS Ch. 100 and this zoning code.  The applicant for the map amendment may elect to have any variances or conditional use permits for the same development to be heard and finally decided by the Planning Commission at the same public hearing set for the map amendment, or by the Board of Adjustment as otherwise provided for by KRS Ch. 100 and this zoning code.

VI.        Development Plans Requirements

C.             When Required.  A preliminary development plan shall be required in the following instances:

1.            The Planning Commission, as a condition to the granting of any zoning change, shall require the submission of a development plan which, where agreed upon by the applicant and the commission, shall be followed; except for a single principal structure and accessory structures for a single family dwelling, a duplex or town house dwelling, a triplex dwelling, or a four-plex dwelling on a single lot or ownership parcel.  As a further condition to the granting of a zoning change, the Planning Commission shall require that substantial construction be initiated within two years following the enactment of the map amendment, provided that such zoning change shall not revert to its original designation unless there has been a public hearing.  The development plan shall be a continuing condition for the area rezoned unless amended as required herein;

2.            When there is a proposal for multiple principal buildings on a single ownership parcel or lot;

3.            Mobile Home Parks

4.            Planned Unit Developments

V.         The subdivision process may substitute for the development plan process.

VI.       Plans Defined.  For purposes of this subsection (f) and the plans required herein, the following definitions shall apply:

A.            Sketch Plan.  This plan will be used to determine the essential graphic and written materials required for a specific map amendment and those specific actions, such as map amendments, variance, or conditional use permits that may be requested of the Planning Commission.  The sketch plan may be conceptual, but should indicate any site or surrounding features or conditions that may affect the proposed development or surrounding properties or rights-of-way, the proposed buildings, access points, parking and loading areas, landscaping and screening areas, existing and proposed utilities, proposed location for solid waste storage and access to same, and any other conditions on the site or surrounding properties or proposed development features which may affect the development of the site or surrounding properties or rights-of-way.  The sketch plan does not have to be detailed or highly finished drawings but should address the issues and conditions that may me essential to the development.

B.             Preliminary Development Plan. This plan shall be that plan adopted by the Planning Commission when the Planning Commission favorably recommends a map amendment to the Fiscal Court.  The preliminary development plan shall include that information as determined in the pre-application conference.  No building permits shall be issued based upon a preliminary development plan.

C.             Final Development Plan.  This plan is, in effect, a final site plan with that level of detail as may be required for obtaining those permits and approvals necessary for construction.  It shall include all information required as set forth hereinafter and as necessary for the review of the proposed development and its compliance with any applicable law or regulation, including any previously approved preliminary development plan.

VIII.   Content and Format of Development Plans.  All development plans shall be prepared on mylar or other material capable of clear reproduction.  Required plan information shall be as follows:

A.            Contents of preliminary Development Plan.  A preliminary development plan shall contain the following minimum information:

1.            A title block containing the plan name, development play type (preliminary or final), name and address of developer and plan preparer, and a written and graphic scale;

2.            The boundary of the subject property and the zoning and owner names and addresses for all adjoining property;

3.            Date, appropriate North point, and graphic scale;

4.            A vicinity, or key map, oriented in the same direction as the design scheme, scale not smaller than 1" = 2,000';

5.            Topography, with contours at an interval of not greater than five (5) feet.  USGS quadrangles may be used as a base.  This requirement may be waived by the discretion of the County.

6.            Scale of one hundred (100) feet to one (1) inch or larger.

7.            Location, arrangement and approximate dimensions of existing and proposed streets, roads, driveways, sidewalks, and parking areas.  Profiles and cross sections of proposed streets and roads;

8.            Perimeter screening, recreational, and other open spaces;

9.            Approximate size, location, floor area, and use of proposed and existing buildings;

10.         Approximate location of lot lines for projects anticipated to involve land subdivision;

11.         Approximate location and dimensions of all existing and proposed easements;

12.         Approximate location and sizes of existing and proposed utilities;

13.         Minimum building setback lines;

14.         Floodplain as determined by Federal Emergency Management Agency (FEMA), and classification, as per FEMA codes;

15.         Approximate location and dimensions of storm drainage areas, conceptual drainage controls and storm water retention;

16.         Plats shall be submitted not larger than twenty-four (24) by thirty-six (36) inches in size.

B.             Contents of Final Development Plan.  A final development plan shall contain all information as required for preliminary development plans under the sections below, except that the plan information shall be of an exact nature, rather than approximate or general.

IX.       Map Amendment and Development Plan Procedures.

A.             Pre-Application Conference.

1.            Prior to any application for an amendment, the applicant shall meet informally with County planning staff to determine the following:

a)     The effect of the proposed development of the existing neighborhood, traffic patterns, and infrastructure systems;

b)    How the proposed developments relates to the comprehensive plan;

c)     The various regulations that may apply to the proposed development;

d)    An explanation of the required contents of the preliminary development plan, and any other required submission of materials; and

e)     An explanation of the amendment process;

2.            At the time of the meeting with the planning staff, the applicant should present a sketch plan, as outlined in subsection (2) (a) above.

X.         Formal Application.  To formally request the Commission to consider action on any zone map amendment and/or preliminary development plan, the applicant shall file a complete application (with respect to all applicable provisions of this zoning code and other County ordinances, regulations and policies), pay the filing fee, and provide copies of all written and graphic material as required.  Also the date for the public hearing will be set.

XI.       Re-filing.  Upon reenacted amendment proposals, the applicant must wait one year before reapplying with the same proposal, unless the Planning Commission grants permission to resubmit sooner.

XII.     Review.  The planning staff shall send the development plan to concerned agencies and interests for respective technical review.  If necessary, or requested by the applicant, the interest and technical review bodies may meet together to resolve, if possible, all differences and difficulties associated with the development proposal.  These meetings will be open to all interested parties, including the public.

XIII.   Planning Commission Action.  No development plans will be considered for Commission action until they have been reviewed by the appropriate review agencies or interests.  The Commission may pursue the following action:

A.            Approval.  The development plan is ready for certification as presented.

B.             Conditional Approval.  The development plan will be certified when the developer has complied with the conditions of approval set forth in the Commission's action on the development plan.

C.             Disapproval.  The development plan has been disapproved by the Planning Commission.  To request new review and action, the developer must file a new application as set forth in this section.

D.            Postponement.  In circumstances where further resolution is required, the Commission may act, with the consent of the applicant, to postpone final action on the development plan until further information or resolution of conflicts can be ascertained.

XIV.   Final Development (Site) Plans Procedures.

A.            Only after the Planning Commission has adopted the preliminary development plan, and has recommended to the Fiscal Court the zone map amendment, and the Fiscal Court has acted affirmatively on same, the applicant must present a final development plan as set forth in subsection (f) (2)c prior to the issuance of a building permit.  County staff will check the final development plan and insure that;

1.            The plan is in compliance with the preliminary development plan.

2.            The plan is in compliance with the comprehensive plan, the zoning code, other County ordinances, regulations or policies, and all other applicable laws and regulations.

3.            Where appropriate, the review agencies may access the document and forward their comments to the County prior to final development plan approval.

4.            If the final development plan complies with subsection (6)a above, the Planning Commission Chair will certify on the face of the plan that all planning requirements and applicable conditions have been satisfied.

XV.     Amendments to Development Plans.  Amendments to approved development plans can be made only by official Planning Commission action following a public hearing.  Content, format, and procedures shall be the same as for the original submission.  However, amendments, which fully meet the requirements set forth hereinafter as minor amendments, shall be approved and certified by the County without further action by the Planning Commission.

XVI.   Minor Amendments Defined.  Minor amendments are intended to expedite approval in those situations where amendments are of minor significance and generally relate to the shifting of previously approved spaces.  Such amendments:

A.            Shall not decrease the overall land area or other open spaces;

B.             Shall not increase building ground area coverage, floor area, or height, or increase the number of dwelling units;

C.             May increase building ground area coverage for accessory buildings; or principal buildings if additions are less than ten percent and additional parking can be provided without disruption to major plan elements;

D.            Shall not change the location of cross section of any street and shall not increase the number or change the location of street access points on arterial or collector streets;

E.             May include a reduction in parking spaces only when an associated reduction in floor area or number of dwelling units would permit a lesser number of minimum required off-street parking spaces than required for the original development plan.  To qualify as a minor amendment, this reduction may not be less than would be required by the zoning district regulations.  For any case where parking in excess of the minimum requirement was provided on the original development plan, that same number of spaces shall be provided in excess of the minimum requirement for the proposed minor amendment plan.

XVII.  Procedures for minor amendments.

A.            Filing.  To request approval of minor amendments to development plans, the developer shall file with the County a completed application form, and copies of the plan as required by the terms and conditions of the County's application form.

B.             Review.  The County shall review the plan for compliance with all applicable requirements and ordinances and shall consult with concerned agencies as appropriate to assure proper plan review.  Upon determination that all requirements have been met, County staff shall submit it's finding to the Planning Commission Chair for certification.  If any questions arise as to compliance, however, the plan shall be referred to the Planning Commission.

C.             Certification.  Upon certification of approval by the Planning Commission Chair, County staff shall have copies of the plan prepared and distributed to other public agencies at the expense of the developer, and return the original plan tracing to the developer.

D.            Content and format of minor amendments.  Minor amendments shall have the same content and format requirements as the original development plan, except that:

1.            The title shall indicate the plan as a minor amendment;

2.            A note shall be added listing the exact nature of the requested changes;

3.            The following will be required language for the Planning Commission Chair's certification:  "I do hereby certify that this development plan amendment complies with zoning ordinance provisions regarding amendments to development plans."

4.            Owner of interest will complete a certification to be signed and witnessed as follows: "I (We) do hereby certify that I am (we are) the only owner(s) of the property shown hereon, and do adopt this as My (Our) development plan for the property," which will be required language for all property.

XVIII.             Relationship to subdivision regulations.  The relationships between development plans and the subdivision regulations are established as follows:

A.            Applicability of Subdivision Regulations.  Although development plans are not subdivision plats, quite often the development plan does indicate a need or intent to subdivide property.  For any such development plan, the design and improvement standards contained within the subdivision regulations shall be applied to proposals contained on the development plan. 

B.             Combining Plans.  Development plans and preliminary subdivision plats may be combined.  It is recognized that for certain development situations it can be advantageous to both the applicant and the Planning Commission to combine requirements for development plans and preliminary subdivision plats in order to streamline the development approval process while not reducing the quality of the review.  The following provisions shall be applicable to any such combined plan:

1.            The developer shall meet with County staff no later than five working days in advance of the filing deadline to discuss the appropriateness if filing a combines plat.

2.            The plan shall show all information required for a development plan (preliminary or final as appropriate) and all information required for a preliminary subdivision plat as set forth in the subdivision regulations.

IV.       Substitution of Plans.   A preliminary or final subdivision plat may be submitted for development plans required in conjunction with map amendment requests.  It is recognized that in certain cases a preliminary or final subdivision plat would be as appropriate or more appropriate to be considered in conjunction with a map amendment request than would be a development plan.  Generally, such situations involve developments where placement of structures will tightly controlled by the streets, lot pattern, and requirements for placement of structures within the zone, and where the applicant sees fit to have plans prepared at the required level of detail for subdivision plats prior to receiving a zone change approval.  When an applicant is required to provide a development plan in conjunction with a zoning map amendment request, the applicant may file a subdivision plat in place of the development plan, if deemed appropriate by the County.  In any disputed case, the County shall make the final judgment as to whether a development plan or a subdivision plat is required.

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