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 100.213) 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 100.183

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

Comprehensive Planning - making it work 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 100.187 - 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 100.191 - 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 100.193 and 100.197 - Adoption

100.193 - Goals and Objectives: has to be a hearing for adoption, readopting and amendment

Notice to adjoining communities required Notice to regional planning council required

100.197 -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?