Comprehensive Planning - making it work Tim Butler: Attorney, AICP.

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Presentation transcript:

Comprehensive Planning - making it work Tim Butler: Attorney, AICP

Comprehensive Planning - making it work The Comprehensive Plan should be a useful document - not just used to prop up the desk!

Comprehensive Planning - making it work What’s it used for? To have Zoning and Subdivision regulations (KRS 100) The rezoning process (KRS ) Policies to pursue Other things?

Comprehensive Planning - making it work What it is in essence: The Comprehensive Plan is a “mere guide”, it is not a law or regulation. It is a plan or policy. Wolf Pen Branch Preservation, Inc. v. Louisville, Jefferson County Planning Commission, 942 S.W. 2d 310 (1997).

Comprehensive Planning - making it work KRS The Plan is to “… serve as a guide for public and private actions and decisions to assure the development of public and private property in the most appropriate relationships”. “May be words, graphics or other appropriate forms” Elements are interrelated.

Comprehensive Planning - making it work Format of the Plan Map Plan Policy Plan Hybrid Map/Policy Plan

Why a Hybrid Map/Policy Plan (now the plan of choice) Cost Factor No Flexibility otherwise Less chance of errors,misunderstandings Note: matching recommended land use categories to zoning classifications is a bad idea - no flexibility

Comprehensive Planning - making it work KRS Minimum requirements Goals and Objectives - serve as a guide for the rest Land Use Plan- desirable/feasible patterns of land development Transportation Plan - existing/desirable routes/methods for moving people and materials Community facilities - existing/desirable locations and demand for facilities to serve the public; i.e. schools, parks, utilities Additional elements allowed

Comprehensive Planning - making it work KRS Must be based on research Populations trends - what they are, not necessarily what you want them to be (that’s later) Business/economic forecast Trends/needs for various land use categories, community facilities and services Other areas as desired

Comprehensive Planning - making it work KRS and Adoption Goals and Objectives: has to be a hearing for adoption, readopting and amendment Notice to adjoining communities required Notice to regional planning council required Periodic Amendment and Adoption Every 5 years look at plan If goals and objectives are to be amended must submit to governing bodies If the plan is not reviewed a court can order the review

Comprehensive Planning - making it work Implementation - The ongoing or never ending process land use recommendations through the zoning process sometimes through zoning and subdivision regulation amendments If a plan recommends a new or different process it must be adopted later as law

Comprehensive Planning - making it work Comprehensive Planning made easy: Here’s what we have Here’s what we want Here’s how we get it Comprehensive Planning made hard: Finding consensus Challenges of time and money

Comprehensive Planning - making it work Questions?