Chapter 2 Zoning Districts Part 7 Planned Development Districts - Planned Transit Development District Page 2 of 2

continued from previous page.....
1. continued from previous page....
  1. Conditional Uses. Certain uses may be permitted in this district upon the granting of a Conditional Use Permit by the Board of Zoning Adjustment. Refer to Chapter 4, Part 2 for a listing of uses and requirements that apply to specific uses.
2. Site Design
  
  Site design shall ensure compatibility of building types regardless of use and to create a cohesive development pattern in the PTD. To allow maximum flexibility, site design standards are not specified for the PTD. Instead, standards compatible with the transit district pattern and the form districts surrounding the proposed PTD shall be developed as Part of the Master Plan Process, and approved by the Planning Commission at the time of approval of the Master Plan. Standards should meet the intent of the applicable transit district pattern.
3. Urban Design
  1. Urban design shall be approved in concept by the Planning Commission at the time of approval of the Master Plan in order to ensure compatibility of building types and to relate new buildings to the building traditions of the region.
  2. Urban design shall specify the materials and configurations permitted for walls, roofs, openings, street furniture, and other elements. Architectural design should encourage the following: architectural compatibility among structures within the PTD; integration of uses; human scale design; pedestrian use of the PTD; buildings that relate to and are oriented toward the street and surrounding buildings; and special architectural treatment for civic buildings.
4. NOTE: Chapter 9, Part 1 provides a 20% reduction in the minimum number of parking spaces required for developments proposed in the PTD.
  
  Parking Motor vehicle and bicycle parking shall be provided in accordance with Chapter 9 of the Land Development Code. Additional parking requirements are provided for developments proposed in the PTD. Where conflict occurs between the provisions of this Section and Chapter 9 of the Land Development Code, the requirements of this Section must be adhered to and be incorporated into the Detailed Development Plan.
  
  An excessive influence of parking lots can negatively impact the urban design objectives of the PTD. To control such impacts, the following standards shall apply to at or above ground parking facilities.
  1. Off-street parking must be located in the rear of building. Both rear parking lots and parking garages or decks may be constructed. Parking deck facades must have the appearance of horizontal storied buildings, be of similar paint or material tone as surrounding buildings, and have storefront treatment on ground floor. Parking decks and garages must contain retail, office or civic uses along the frontage on the first floor.
  2. Parking facilities must be readily accessible by pedestrian pathways and sidewalks with a maximum of one curb cut per side.
  3. A parking lot or garage may not be adjacent to a square or adjacent to or opposite a street intersection, or occupy lots that terminate a street vista.
  4. No special restrictions shall apply to below ground parking facilities.
5. Signs
  
  Signs shall be consistent and compatible with the PTD District pattern. Sign restrictions shall be established as part of the Master Plan and in no case shall the requirements delineated in the Master Plan be less strenuous than those found in Chapter 8 of the Land Development Code.
  
  The following information is illustrative only. It is intended as a guide, but not a standard, for signs.
  1. All signs shall be attached, awning, canopy, or projecting signs.
  2. Signs shall be integral to the store or building facade. (Recommended height not greater than 2 feet by any length.)
  3. Any signs that are lighted shall be externally lighted.
6. Landscape
  1. The Master Plan may establish alternative landscaping and buffering standards in lieu of the regulations contained in Chapter 10, except that the Tree Canopy requirements of Chapter 10, Part 1 shall apply. However, standards for street trees and screening of parking that adjoins public rights-of-way shall be included in the alternative standards. The standards developed as Part of the Master Plan, should address species type, size and spacing, tree strip and planting bed size and planting medium requirements. All required landscape elements should be shown on the Detailed Development Plan as well as on the construction documents.
  2. Criteria for the design of open space, as Part of the Master Plan submittal, should include plantings, type of proposed recreational equipment and landscape furnishings, lighting, pavement patterns and materials, proposed water features, and any other public facility such as restrooms or drinking fountains. All required open space design elements should be shown on the Detailed Development Plan as well as on the construction documents.
7. Pedestrian and Transit Amenities
  1. Clearly defined, safe pedestrian access shall be provided that link parking areas and adjacent public rights-of-way to building entrances and the advanced transit facility. Walkways leading to the transit facility shall be at least 6’ wide. Walkways crossing parking lot drive aisles shall be separated from vehicles by a change in grade (4" minimum), curbing, bollards, wheel stops or landscaping.
  2. The applicant shall provide amenities such as shelters, benches, and lighting in conformance with the standards contained in Chapter 6, Part 4.

Procedures

Eligibility

Application of the PTD shall be initiated by the legislative body having zoning authority, the Planning Commission, or the owners of all property within the proposed PTD or PTD expansion.
Overview of Process
1. There are Four Steps in Establishing a PTD District:
  1. tep 1 – Concept Plan Preparation & Review. The Applicant will study and prepare a Concept Plan for the proposed PTD District. The public, and first and second tier property owners will have an opportunity to review and comment on the Concept Plan. A Public Charrette (or equivalent) shall be utilized for the purpose of public consultation and input. A summary of input from the Public Charrette (or equivalent) must be submitted to the Planning Commission with the zoning change application. The Concept Plan shall outline the basic characteristics of the specified PTD District under consideration. It will address the effect of the Comprehensive Plan, the Land Development Code, and other land development controls on the proposed PTD.
  2. Step 2 – Master Plan Preparation & Review. The Applicant will, based on the Concept Plan, prepare a Master Plan for the proposed PTD District. The public and affected property owners shall have an opportunity to participate in the preparation of the Master Plan. The Master Plan will be a required submission for a zoning change application for an area wide rezoning to PTD and amendment to the Zoning District Map. The Master Plan shall contain the following: Legal Description of site and owners; Existing Conditions Map; Master Plan Map; Master Plan Report.
  3. Step 3 –Zoning District Map Amendment The Applicant would, based on the Master Plan, submit a zoning change application for area-wide rezoning to PTD District for the area under consideration. The Master Plan will be a required submission for a zoning change application. The Planning Commission shall review the Zoning Change Application and the Master Plan simultaneously, and shall hold a Public Hearing. The zoning change to PTD, and amendment to the Zoning District Map shall be approved by the relevant legislative body pursuant to KRS Chapter 100.
  4. Step 4 – Detailed Development Plan Application & Approval Once the Zoning District Map Amendment process is complete, and the PTD District is in place, individual property owner(s) shall submit a Detailed Development Plan for each project proposed within the PTD District. The Detailed Development Plan shall demonstrate how the proposed development is consistent with the requirements of the PTD Ordinance and the adopted Master Plan, as well as the County’s Comprehensive Plan. Final approval of the Detailed Development Plan must be received from the Planning Commission.
2. Amendment and Expansion. Additions to an existing PTD are not required to undergo the Charrette process (Step 1). The application shall include any amendments and expansion of the Master Plan necessary to accommodate the proposed addition.
3. Appeals Procedure. Any person or entity claiming to be injured or aggrieved by the final action of the Planning Commission or LD&T may appeal to Circuit Court within thirty (30) days after said final action pursuant to KRS Chapter 100. Final actions which have not been appealed within thirty (30) days shall not be subject to judicial review.
Concept Plan Preparation and Review

The applicant shall conduct a public charrette (or equivalent alternative) for review of a Concept Plan. The applicant must provide an opportunity for the first and second tier property owners to review the Concept Plan before a zone change application is submitted. The applicant may conduct a pre-application conference with Planning Commission staff.
1. Pre-Application Conference – Prior to formal application for amendment of the Zoning District Map, the applicant or his/her agent may have a conference with the Planning Commission staff to discuss the effect the Comprehensive Plan, the Zoning District, and Form District Regulations, and other land development controls would have on the proposed PTD. In addition, the pre-application conference may be used to determine what elements may be required in the Concept Plan.
2. Public Charrette - A public charrette (or equivalent alternative) shall be held by the applicant or his/her agent, with written notification at least 14 days prior to the first day of the charrette to the Planning Commission staff, owners of property within the proposed PTD and surrounding property within 200 feet of the proposed PTD, and any persons, agencies or organizations the applicant and Planning Staff deems appropriate. A public charrette is a method of planning which is specifically organized to encourage the participation of everyone who is interested in the making of a plan, whether they represent the interests of the general public, public agencies, nearby neighborhood organizations or a client. At the end of the charrette, the Concept Plan and supporting documents are presented to the public. A summary of input from the charrette (or equivalent alternative) must be submitted to the Planning Commission with the zone change application.
3. Requirements of the Concept Plan – The Concept Plan shall demonstrate compliance with the PTD’s purpose and standards, and the intent of this ordinance, and any applicable area or neighborhood plan.
  
  The Concept Plan shall include the following:
  1. The boundaries of the proposed PTD;
  2. The location of components required in the PTD (i.e. transit district center, transit district transition); A description of existing uses in the proposed PTD
  3. The maximum number of residential units proposed and approximate square footage of commercial, office, and service uses proposed; and
  4. Existing and proposed streets and alleys, and connections to existing street system
Master Plan Preparation and Requirements

Along with the zoning change application, the applicant shall submit a Master Plan. No Master Plan application shall be deemed accepted unless complete and containing all of the following:
1. Legal Description of Site and Owners – A legal description of the proposed planned development shall be submitted, along with the signature(s) of property owner(s).
2. Existing Conditions Map – This map or series of maps shall be drawn to the same scale as the Master Plan map and shall include:
  1. Title of the proposed development and name(s) of the applicant(s);
  2. Scale, date, north arrow and vicinity map with measurements to existing streets;
  3. Boundary description, including area and bearings and dimensions of all property lines;
  4. Existing topography with two-foot contour lines. Slope category analysis for areas of 20% slope or greater;
  5. Generalized soil types in the development area and surrounding area;
  6. Location of existing tree masses and individual trees (not on a tree mass) and their species with a circumference of at least twelve (12) inches, measured four (4) feet from the ground (aerial and on-site photographs may be used to show vegetation);
  7. The location and names of all existing streets; the location and use of all existing buildings; any existing recreation or open space areas; the location and size of all existing drainage, water, sewer, electrical, and other utilities’ facilities, including fire hydrants; and all existing easements, railroads, cemeteries, watercourses, bridges, lakes, jurisdictional wetlands, sinkholes, drainage basins, outfalls, conveyance zones, regulatory flood plains, and other physical conditions affecting the area;
  8. The location and function of all other existing public facilities, which would serve the site such as, schools, parks, fire stations and the like. Notation of this information on a scaled map or by written description is acceptable, and
  9. Features on adjacent property, which might affect the design of the development.
3. Master Plan Map – This map or maps shall be drawn and submitted at a scale not less detailed than one inch equals two hundred (200) feet, or other scale acceptable to Planning Commission staff, and shall include:
  1. Delineation of site plan components required by the PTD District (for example, Transit District Center, Transit District Transition);
  2. The layout of proposed blocks;
  3. The layout of proposed streets, bikeways, and pedestrian paths;
  4. The location and layout of the proposed advanced transit facility;
  5. The location, proportion, and mix of land uses;
  6. The general location of limited uses;
  7. The location and acreage of open space areas with an indication for each whether it will be privately owned, a common area for residents only or dedicated to public use;
  8. The location of and acreage of civic uses, and
  9. A concept plan indicating how existing drainage conditions would be changed as a result of the proposed development and the general location of proposed detention basins.
4. Master Plan Report – This report shall be a part of the Master Plan and shall include:
  1. A statement indicating the purpose and intent of the project and the applicant’s statement of how the project complies with the comprehensive plan and with the guidelines specified for the PTD Ordinance;
  2. A description of the mix of land uses and the factors which ensure compatibility both within the development site and with adjacent land uses, including hours of operation of proposed uses;
  3. Statistical information including:
    - Gross acreage of the site, plus net acreage of the site excluding jurisdictional wetlands, regulatory floodplains, and slopes over 20%;
    - The maximum number of dwelling units requested;
    - The maximum amount (gross leasable area) of retail, office and service uses requested on the Transit District Center;
    - The amount of land devoted to open space;
    - The amount of land devoted to civic uses, expressed in acres as a percentage of the gross acreage of the site.
  4. A plan for pedestrian, bikeway, and vehicular circulation describing the general design capacity of the system as well as access points to the major thoroughfare system. In addition, a daily and peak hour trip generation and directional distribution report by use may be required;
  5. Street design standards specifying minimum pavement width, street trees, street furniture, bikeways and sidewalks. Also include street cross sections for each type of street classification proposed;
  6. Traffic and air quality impact analysis, in conformance with Chapter 6 Part 4 of the LDC;
  7. Site design standards specifying: the range of lot sizes (width and length), lot coverage, frontage of building facades, and building height for civic uses and all other uses;
  8. Architectural design standards specifying materials and configurations permitted for walls, roofs, openings and other elements;
  9. Drainage report, describing pre and post runoff conditions of downstream drainage systems, the impact of development of localized drainage facilities, and proposed mitigation of negative impacts;
  10. Sanitary sewage facility report;
  11. Sign standards; schedule for the proposed development (or for each section, if it is to be developed by sections) containing the following information, which schedule shall not be binding but shall be provided in order to show generally how the applicant will complete the project;
    - The order of construction by section delineated on the Master Plan;
    - The anticipated time required to develop each section;
    - The proposed schedule for construction of improvements to open space areas; and
    - The proposed schedule for the installation or required public or utilities improvements and the dedication of public rights of way, easements and properties.
Zone Change Application and Requirements

Following completion of the Master Plan, the Master Plan shall be submitted for review by the Planning Commission, accompanied by any applicable filing fee and an application for a zone change of the land involved to the PTD in accordance with the submittal requirements herein. An applicant for a zone change to the PTD shall submit a proposal for consideration for any use or mixture of uses allowed in the PTD. The Planning Commission shall make a recommendation for a zone change according to law and the legislative body may approve any such proposal, together with any conditions, requirements or limitations thereon which the Planning Commission or legislative body deems appropriate and is agreed to by the applicant according to law.
1. Technical Review Committee – Upon acceptance of the application as complete, the Master Plan shall be presented to the Technical Review Committee (TRC) to identify, negotiate, and resolve technical issues and conflicting agency requirements.
2. Land Development and Transportation Committee – Upon review by the TRC, the Master Plan shall be presented to the Land Development and Transportation (LD&T) Committee of the Planning Commission. The LD&T Committee shall review the plan for issues requiring clarification and shall confirm the date for a public hearing before the Planning Commission.
3. Planning Commission – Following review by the LD&T Committee, a public hearing with public notice as specified in KRS Chapter 100 shall be held before the Planning Commission to consider the application. This hearing may be continued from time to time as necessary to facilitate such changes, conditions and additions in the Master Plan as may be agreed upon by the Planning Commission and applicant. Based on the Concept Plan, the Planning Commission shall make a recommendation to the legislative body pursuant to KRS 100.211.
4. Legislative body – Following action by the Planning Commission, the application shall be considered by the appropriate legislative body. Based on the application as amended and the recommendation of the Commission, the legislative body shall approve, remand back to the Planning Commission for amendments or additions, or deny the application.

NOTE: The requirements of the Detailed Development Plan shall be the same as those of a “Final Plan” as prescribed in Section 2.7.1 PVD District of this Part.

Detailed Development Plan Approval

After approval of a Master Plan and zone change to PTD, a Detailed Development Plan that is in conformance with the Master Plan shall be submitted to the LD&T Committee for review prior to development or redevelopment of any land within the PTD. A Detailed Development Plan may be submitted for all or Part of the PTD. The LD&T Committee shall review the plan for issues requiring clarification and shall determine whether or not a public hearing is necessary. If a public hearing is necessary, the LD&T Committee will confirm the date for a public hearing, 30 days public notice to first and second tier owners shall be given, and a public hearing shall be held before the Planning Commission to consider the Detailed Development Plan. If the Planning Commission finds that the Detailed Development Plan is not in conformance with the approved Master Plan, the applicant may revise the Detailed Development Plan to conform with the approved Master Plan. This review is primarily intended to determine compliance with the approved Master Plan and the specific guidelines of this Chapter. The Planning Commission may approve the Detailed Development Plan if it determines that that Plan complies with the approved Master Plan and this Chapter.