SECTION 6.11 AMENDED SEPTEMBER 14, 1998

Effective on: 1/1/1901

1. That the existing zoning classification given to the property is inappropriate and that the proposed zoning classification is appropriate.
2. That there have been major changes of an economic, physical or social nature within the area involved which were not anticipated in the adopted Comprehensive Plan and which have substantially altered the basic character of such area.

In addition, the Planning Commission, as a condition to the granting of any Map Amendment, shall require the submission of a development plan. It must be approved by the Planning Commission prior to the Map Amendment request being acted upon by the Wilmore City Council.

Development plans to be reviewed shall be submitted to the Planning Commission to be received by the Administrative Officer by the day indicated on the APPLICATION DEADLINE SCHEDULE posted in the office of the Administrative Officer. Development plans received after the day indicated on the Deadline Schedule shall not be reviewed at the next regularly scheduled Planning Commission meeting.

Effective on: 1/1/1901

1. Completed Zone Map Amendment application form including a Development Plan;
2. Fifteen (15) copies of the Development Plan prepared in accordance with the requirements specified under Section 1.8 Definitions for type of use requested. The Development Plan shall be prepared by a professional engineer, shall measure no more than 24" by 36" and shall show a vicinity map with the applicant property. All applications for Zoning Map Amendments shall require the approval of the Development Plan as a condition precedent to the approval of the Zoning Map Amendment.
3. COMMUNITY SERVICES IMPACT ANALYSIS
   The analysis of the potential impact of the Zone Map Amendment upon each of the community services shall contain the following information:
   1. Public Education
      1. A description of the number of enrollees in the public education system who reside within the boundaries of the application property at the time of application for Zone Map Amendment.
      2. A description of the individual schools which school age residents of the applicant property presently attend to include:
         1. Total enrollment at the schools
         2. Number of classrooms at the schools
         3. Number of teachers at the schools
         4. Teacher/pupil ratio at the schools
      3. A description of the anticipated number of enrollees in the public education system who would reside within the boundaries of the applicant property if the Zone Map Amendment application is approved and the applicant property is fully developed.
      4. A description of the individual schools which school age residents of the applicant property would attend if the Zone Map Amendment application is approved and the applicant property is fully developed to include:
         1. Anticipated total enrollments at the schools
         2. Anticipated total classrooms at the schools
         3. Anticipated number of teachers at the schools
         4. Anticipated teacher/pupil ratio at the schools
      5. A description of the amount of money paid to the public agency responsible for public education by the applicant property during the tax year preceding the year in which the Zone Map Amendment application is submitted.
      6. An estimate of the amount of money which the public school system would be required to spend to provide educational services to the students who would be anticipated to reside within the boundaries of the applicant property if the Zone Map Amendment application is approved.
      7. An estimate of the amount of money that would be paid to the public agency responsible for the education of school age children which are anticipated to reside within the boundaries of the applicant property if the Zone Map Amendment application is approved and the property is fully developed.
      8. Subtract the estimate in (g) from the estimate in (f). If the subtraction results in a deficit, describe a course of action which could be taken by the provider of public education services in the community or by the applicant to make up the deficit which will occur if the Zone Map Amendment application is approved and the property is fully developed.
   2. Fire Protection Services
      1. Describe the amount of tax money to finance fire protection services which the applicant property generated during the tax year previous to the year of the Zone Map Amendment application.
      2. Describe the amount of tax money for fire protection services which could reasonably be anticipated to be generated by the applicant property if the application is approved and the property is fully developed.
      3. Describe the equipment and staff of the fire protection service available to the applicant property including travel time.
   3. Police Protection Service
      1. Same as (a) in 1 and 2 above.
      2. Same as (b) in 1 and 2 above.
      3. Same as (c) in 1 and 2 above.
   4. Water and Sewer Service
      1. Describe the diameter of water lines and sewer lines serving the properties adjacent to the applicant property if those lines will be used to serve the applicant property. If new lines will be installed to serve the applicant property describe the diameter of these lines.
      2. Describe the water pressure of the water lines which serve the properties adjacent to the applicant property and, if these lines will be used to serve the applicant property, whether the water pressure to adjacent properties will be affected.
      3. Describe the estimated total daily water usage and sewage generation within the boundary of the applicant property if the Zone Map Amendment is approved and the property is fully developed.
      4. Describe the total daily production capacity of the water system and the total daily treatment capacity of the sewer system. If the provider of the water service to the applicant property is a wholesaler, describe the daily production capacity of its supplier.
      5. If the provider of the water service or sewer service is a public agency, describe:
         1. The amount of money which the public agency will be required to expand to provide water and/or sewer service to the applicant property; and
         2. The amount of money the public agency will receive from the applicant property when fully developed, if it provides water and sewer service.
         3. Subtract (2) from (1). If the subtraction results in a deficit, describe a course of action which could be taken by the public agency or by the applicant to make up the deficit which will occur if the Zone Map Amendment application is approved and the property is fully developed.
   5. Electric, Telephone Service and Outdoor Lighting
      1. Describe the type of electric and telephone service, and identify the providers of these services, which are available to the properties adjacent to the applicant property.
      2. Estimate the total monthly electrical usage within the boundaries of the applicant property if the Zone Map Amendment application is approved and the property is fully developed.
      3. Describe in graphic and/or text format where outside lighting is proposed, type of lighting proposed, how the applicant proposes to comply with Article 3.21 (A) Lighting, of this ordinance to minimize light glare, trespass, hazards associated with temporary blindness of motorists and security lighting.
   6. Public Streets and Roads
      1. Describe the public transportation facilities which serve the properties adjacent to the applicant property including pavement width, right-of-way width, surface type and condition. If a developer constructed road will be necessary to provide access to subdivision of applicant property, describe this road as above.
      2. Describe the anticipated Average Daily Traffic Volume on these roads at the time of submission of the Zone Map Amendment application.
      3. Describe the anticipated Average Daily Traffic Volume on these roads if the Zone Map Amendment is approved and the property is fully developed.
      4. If any access to the applicant property is granted from a local road, which is maintained through the expenditure of locally generated tax money, describe what improvements, if any, to this public road would be necessary to accommodate any increase in Average Daily Traffic Volume upon it which is attributable to the development of the applicant property.
      5. Estimate the costs to the public agency which would be responsible for the anticipated needed improvements to the public road serving the applicant property.
      6. Estimate the amount of money paid by the applicant property to the public agency responsible for the maintenance of the public road which serves the applicant property during the tax year previous to the year in which the application is submitted.
      7. Estimate the amount of money the public agency responsible for the public road which serves the applicant property could anticipate receiving from the applicant, if the application is approved and the property were fully developed.
      8. Subtract (e) from (g). If the subtraction results in a deficit, describe a course of action by the public agency or the applicant which could be taken to make up the deficit which will occur if the Zone Map Amendment application is approved, the property is fully developed and the needed improvements are made by the public agency.
      9. Estimate the total amount of money expended by the responsible public agency for local road improvements and maintenance during the year preceding the year in which the Zone Map Amendment application is submitted.
      10. Estimate what percentage (e) is of (i).
4. A statement by the applicant explaining why the zone change is requested.
5. A check, made payable to the Jessamine County Fiscal Court, for the application fee.
6. A check made payable to the Joint Planning Commission, in the amount of $100 for court reporter's fees (transcript) and reproduction costs. If expenses for transcript and reproduction are less than $100, the balance will be refunded. If transcript and reproduction costs exceed $100, the applicant will be billed for the excess.
7.  A list of names and addresses of owners of property adjacent to the applicant property.
8.  A stamped (First Class Mail) envelope for each name shown on the list of adjoining property owners.
9. A completed "Receipt for Certified Mail" slip (Postal Service Form 3800) for each name on the list of adjoining property owners.
10. A completed "Return Receipt" card (Postal Service Form 3811) for each name shown on the list of adjoining property owners.
11. A check or cash equal to Restricted Delivery Postal Charges for each envelope.
12.  Development Plan Requirements

Applications for any proposed amendment to the Zoning Map shall include a development plan in accordance with the provisions of this regulation. The Development Plan is intended to demonstrate to the Planning and Zoning Commission the character and objectives of the proposed development in adequate detail for the Planning and Zoning Commission to evaluate the effect the proposed development would have on the community and determine what provisions, if any, should be altered for the protection and promotion of the general public welfare.

A public hearing on the Zoning Map Amendment shall not be held until the Final Development Plan has been submitted to the Commission for action. If the Development Plan is disapproved by the Commission or if the Commission fails to approve or disapprove the Plan and the Zoning Map Amendment is subsequently approved by the appropriate legislative body, the Commission shall take action upon the Development Plan within ninety (90) days of the action of the legislative body.

Potential Zone Change applicants have the option of submitting a Development Plan in a conceptual form prior to the time of re-zoning application, with a final and more detailed Plan submitted for Commission consideration at the time of the re-zoning request. The potential zone change applicant may complete a Conceptual Development Plan application form. A fee (see Article VII of the Wilmore Zoning Ordinance) shall be collected from the potential zone change applicant so as to cover the cost of mailing meeting notices to all adjoining property owners. The Conceptual Development Plan (a generalized graphic and written representation of the Final Development Plan requirements) shall be prepared in accordance (yet in a very generalized manner) with Section 6.13 (XII) of this article. More specific aspects of the considered conceptual plan shall be designated on the Final Development Plan; or the Final Development Plan may be waived in lieu of a Preliminary and Final Subdivision Plat.

13.  Contents of Development Plan
    1. A title block containing the plan name, date, development plan type, name and address of the owner/developer and written and graphic scale. The name, signature and seal of the engineer or architect responsible for the preparation of the Plan. The plat shall be at a scale of 1" = 200' or larger.
    2. The boundary description, including area and bearings and dimensions of all property lines of the subject property, its record plan designation (if available), and the record plan name or owner's name of all adjoining property.
    3. A vicinity sketch, oriented in the same direction as the design scheme with measurements to existing streets at a scale of 1" = 2000'.
    4. Existing topography and proposed topographic changes, with contour intervals not greater than five (5) feet, unless other contour intervals are deemed appropriate by the Commission.
    5. North arrow with property generally oriented toward the top of the plan.
    6. The location, arrangement and approximate dimensions of existing and proposed streets and driveways, walkways, parking areas and arrangement of spaces, points of ingress and egress, access points for construction vehicles and other vehicular and pedestrian right-of-way.
    7. Location and cross-sections of any proposed or existing streets within or abutting the subject property.
    8. Screening, landscaping and buffering, recreational and other open space areas.
    9. Maximum size, location, height, floor area, and arrangement and use of proposed and existing buildings, signs, and any other structures.
    10. Storm drainage areas, flood-plains, conceptual drainage controls and storm water retention and any other designated environmentally sensitive or geologic hazard area.
    11. Proposed and existing easements for utilities or other purposes.
    12. Areas of substantial existing trees including those located along fence rows and drainage areas along with a general description of the type and size of such trees. Significant rock outcroppings, streams, flood-plains, sinkholes (and other surface depressions), and other natural features shall also be shown.
    13. An owner's certification, signed and witnessed as follows: "I (We) do hereby certify that I am (we are) the only owner(s) of the property shown hereon, do fully agree to all graphic and textual representations shown hereon, and do adopt this as my (our) Development Plan for the property. This certification is binding on heirs, assigns, or successors in title."
    14. A Commission's certification to be signed by the Commission's Chairperson if and when the plan is fully approved, as follows: "I do hereby certify that this Development Plan was approved by the Jessamine County-City of Wilmore Joint Planning Commission at its meeting held on (date)."
    15. The number of dwelling units in any residential zone.
    16. The designation of each individual lot.
    17. Completion of environmental impact assessment form for all zone change requests. Applicants requesting a zone change for any property in excess of ten (10) acres, or to any Industrial or Business districts shall complete an Environmental Impact Analysis as outlined in Section 3.304 of the Jessamine County-City of Wilmore Subdivision Regulations.
    18. Zoning classification of the property and adjacent properties.
    19. Historical sites, structures, and monuments present on the site, and a statement as to the impact of development on such sites, structures or monuments.
    20. Site Statistics including: Total Gross Area, Area in ROW, Total Net Area, Number of Lots, Density - Lots/gross acre, and Lots/net acre.
    21. Other such information the Planning and Zoning Commission deems appropriate.
14. Major Amendments to Development Plans
    Major amendments to approved Development Plans can be made only by official Wilmore City Council in an advertised public hearing preceded by an advertised public hearing at the Planning Commission. However, minor amendments which fully meet the requirements set forth hereinafter for minor amendments may be approved and certified by the Commission's Administrative Officer without further action by the Commission.
    1. 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 amendment:
       1. Shall not decrease the overall land area in yards or other open spaces.
       2. Shall not increase building ground area coverage, floor area, or height, or increase the number of dwelling units.
       3. Shall not increase the number of signs.
       4. Shall not change the location or cross-section of any street and shall not increase the number, or change the location of street access points, except that shifts in the approved access location not exceeding 25' may be approved as a minor amendment where the access point is not located on an arterial street and that such relocation will not have a negative effect on traffic safety and movement.
       5. 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 be equal to, but not exceed, the difference in minimum required parking between the original plan and the proposed minor amended plan. For any case, where parking in excess of the minimum requirement was provided on the original development, that same number of spaces shall be provided in excess of the minimum requirement for the proposed minor amendment plan.

SECTION 6.13 (ID) (5) (C) ADOPTED NOVEMBER 21, 2005

Effective on: 1/1/1901

1. After the adoption of the ordinance stating the City's intention to annex, the property owner shall submit an application for a Zone Map Amendment, except in cases as outlined in (5) below, which application shall be subject to criteria as outlined by Section 6.14 above and all other applicable ordinances, to the Planning Commission.
2. Upon receipt of the Planning Commission's written recommendation, the Wilmore City Council shall take final action upon the Zone Map Amendment application prior to taking any action on the Ordinance of Annexation. The adoption of both the Zone Map Amendment application and Ordinance of Annexation are contingent upon one another. If either the Zone Map Amendment application or Ordinance of Annexation is denied by the Wilmore City Council, both are denied.
3. The property owner may withdraw their application for annexation and Zone Map Amendment at any time prior to a final decision by the Wilmore City Council, except in cases as outlined in (5) below, which are initiated by the Jessamine County-City of Wilmore Joint Planning Commission.
4. Fees for Zone Map Amendment applications may be refunded prior to the scheduled public hearing minus costs already incurred by the Planning Commission. Fees are not refundable after the scheduled public hearing has begun.
5. In all cases where the annexation was initiated by the City of Wilmore, the owner or owners of the affected property shall be notified by certified mail of the requirements of Section 6.13 concerning application for a Zone Map Amendment. If no action is begun by, or on behalf of, the owners within thirty (30) days of said notice, the Jessamine County-City of Wilmore Joint Planning Commission shall proceed with all steps set for in Section 6.11, 6.14, 6.14.1 (1), (2), and (4).

In the event the Zone Map Amendment is requested by the Planning Commission or the Wilmore City Council, no fees for same shall be levied against the property owner(s).

Effective on: 1/1/1901