UPDATING THE COMPREHENSIVE PLAN NUTS AND BOLTS OF PLANNING WHY PLAN? KENTUCKY REVISED STATUTES KRS 100 PLANNING COMMISSION DUTIES:

Transcription

1 UPDATING THE COMPREHENSIVE PLAN March 21, 2013 (7:00 9:00 PM) Sponsored By: Bullitt County Joint Planning Commission NUTS AND BOLTS OF PLANNING Bullitt County Fiscal Court Room Presented By: Kristen M. Lowry, AICP Kriss Lowry & Associates, Inc. WHY PLAN? To protect the public health, safety, and welfare. To facilitate orderly and harmonious development which is compatible with adjacent uses. To ensure that new developments have adequate infrastructure. To preserve property rights and values by providing a level of certainty in the market for those conducting business, living i in or relocating into the community. To provide citizens with a public process for community development. KENTUCKY REVISED STATUTES KRS 100 KRS 100 is enabling legislation -Allows planning & zoning but does not mandate it -Sets forth legal framework for decision making -Comprehensive Plan & Planning Commission required Specifies optional tools to implement the Comprehensive Plan -Zoning Ordinance and Map (Board of Adjustment) -Subdivision Regulations -Official Map -Capital Improvements Program PLANNING COMMISSION DUTIES: The planning commission SHALL prepare a Comprehensive Plan The elements of the Comprehensive Plan should be reviewed at least once every 5 years. The planning commission MAY prepare and adopt a zoning ordinance once all the elements of the Comprehensive Plan have been adopted. Subdivision regulations may also be prepared, as well as an official map if a capital improvements program has been prepared. PLANNING COMMISSION DUTIES CON T: All subdivision of land shall be subject to planning commission review and approval. Selected public facility projects and the acquisition or disposition of land for public facilities shall be reviewed to determine whether the proposal is in accord with the comprehensive plan. 1

2 3 MAIN PLANNING TOOLS: 1. Comprehensive Plan. 2. Subdivision Regulations. 3. Zoning Ordinance. COMPREHENSIVE PLAN REQUIRED (KRS ): The planning commission of each unit shall prepare a comprehensive plan, which shall 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. REQUIRED ELEMENTS OF THE COMPREHENSIVE PLAN (KRS ): Goals & Objectives Land Use Plan Transportation Plan Community Facilities Provisions for Military Installations Optional Elements OTHER ELEMENTS TYPICALLY INCLUDED IN THE COMPREHENSIVE PLAN Vision Statement Environmental lconsiderations Housing Historic Preservation RESEARCH REQUIREMENTS OF THE COMPREHENSIVE PLAN (KRS ): Past and future population distribution Economic Analysis Analysis of land and building use, transportation, and community facilities VISION STATEMENT New element (not included as part of last update) Developed during several workshops Extensive public participation p needed Sets tone for the development of the Comprehensive Plan 2

3 GOALS AND OBJECTIVES POPULATION -Goals are very broad and abstract ideals that the community desires. Objectives are more specific and concrete concepts which lead to overall goal attainment. -Sets tone for the development of the remainder of the plan - Typically developed during several workshops -Extensive public participation needed -Public hearing is required prior to adoption -The Planning Commission, each City Council & Fiscal Court must adopt this element Past population trends Future projections Age and Sex characteristics Racial characteristics ECONOMIC CONDITIONS Employment by Industry Manufacturing Wholesale and Retail Trade Service Industry Agriculture Tourism Civilian Labor Force Unemployment Employment of County Residents Commuting Patterns Monetary and Personal Income Poverty Rate Local Economic Development Activities ENVIRONMENT Geographic Location Climate Air Quality Noise Physiography & Geology Karst Topography Slopes Floodplains Soils, Hydric and Prime Farmland Soils Endangered Species HOUSING Housing Characteristics & Data Current Housing Trends Future Housing Needs Housing Conditions Publicly Assisted Housing HISTORIC PRESERVATION Local Historic Resources National Register Historic Districts 3

4 COMMUNITY FACILITIES & SERVICES Education Library Resources Parks & Recreation Public Protection Health Facilities Public Utilities Water Wastewater Solid Waste Facilities Local Government Buildings TRANSPORTATION Road Inventory Functional Classification System Traffic Analysis Planned Road Improvements New Road Design Standards County Road Improvements Access Management Railroad Transportation Bikes & Bikeway Transportation Air Transportation Public Transportation Waterways LAND USE Land Use Categories & Trends Existing and Future Land Use Location Principles and Policies for Future Land Uses IMPLEMENTATION Local Leadership Subdivision Regulations Zoning Site Plan Review Code Enforcement Road dmanagement tplan Public Improvements Program & Capital Budget Public Participation Land Acquisition State & Federal Assistance TYPICAL PLANNING PROCESS TYPICAL PLANNING PROCESS CON T- Initial Training Visioning Goals & Objectives Public Hearing Development of the remaining plan elements Population Economic Environment Housing & Historic Preservation Community Facilities Transportation Public Hearing Adoption of the Goals & Objectives by the Planning Commission & Legislative Body (Bodies) Land Use Implementation Adoption of Plan by the Planning Commission 4

5 ADOPTION OF PLAN ELEMENTS -The goals and objectives must be approved prior to the development of other elements -Other elements may be adopted separately or as a whole document. -A public hearing is required prior to adoption of any element. -Plan must be reviewed, updated or re-adopted by the planning commission every five (5) years ADOPTION OF PLAN ELEMENTS IT IS IMPORTANT TO NOTE: Prior to the adoption, amendment, or re-adoption of any plan element, copies of those sections being considered must be sent to adjacent jurisdictions and regional planning council (14 days prior to the public hearing) -If the adjacent city or county is part of a planning unit, the notice shall be sent to the planning commission of that unit. -If the adjacent city or county is not a part of a planning unit, the notice shall be sent to the chief executive officer of that city of county government. KRS ADOPTION OF PLAN ELEMENTS IT IS ALSO IMPORTANT TO NOTE: Within thirty (30) days after its adoption, amendment, or re-adoption by the planning commission, a copy of each element of the comprehensive plan shall be sent to public officials in adjacent cities, counties, and planning units. ROLE OF THE PLANNING COMMISSION & LEGISLATIVE BODIES: The Planning Commission and Legislative Bodies must approve the Goals & Objectives after a public hearing is held. However, only the Planning Commission is responsible for the approval of the final plan. City council and fiscal court members should be encouraged to actively participate in the comprehensive planning process. KRS Existing Land Use Existing Land Use is not the same as the current zoning. Nonconforming Use an activity or structure which lawfully existed before adoption of the zoning regulation but which does not conform to all of the regulations for that property. TWO IMPORTANT THINGS TO REMEMBER ABOUT THE COMPREHENSIVE PLAN A FUTURE LAND USE MAP IS NOT TO BE CONFUSED WITH THE ZONING MAP THE FUTURE LAND USE MAP MUST BE USED IN CONJUNCTION WITH THE TEXT OF THE PLAN (I.E. LAND DEVELOPMENT POLICIES). 5

6 TOOLS TO IMPLEMENT THE COMPREHENSIVE PLAN SUBDIVISION REGULATIONS: Establish uniform procedures and standards for the subdivision of land into parcels. Require accurate platting and recording methods. Ensure efficient lot layout and design. Provide for proper and adequate arrangement of streets and intersections. Establish regulations for providing adequate space for public improvements, traffic, emergency vehicles, and open space. SUBDIVISION REGULATIONS (CON T): Establish standards for reviewing storm and sanitary sewer service and installation. Define/detail construction and inspection methods for the installation of improvements (streets, utilities, curbing, sidewalks, etc.) ROLES: The Planning Commission is solely responsible for the adoption and administration of Subdivision Regulations. ZONING ORDINANCE: A zoning ordinance consists of both a text and map and: Establishes Zoning (land use) for each property within the planning unit s jurisdiction. For example: Residential (R-1, R-2), Commercial (C-1, HC), Industrial (I-1, I-2), Public (P), etc. Defines appropriate permitted uses, conditional uses, and accessory uses. Regulates lot sizes, dimensions, and setbacks. ZONING ORDINANCE (CON T): Addresses parking, loading area, and landscape requirements. Establishes sign regulations. Defines development plan requirements and procedures. Discusses the administration and enforcement of the ordinance. Establishes and empowers the Board of Adjustments to hear variances, conditional uses, and appeals.. 6

7 ZONING ORDINANCE (CON T): ROLES: The Planning Commission, Fiscal Court and/or City Council must adopt the Zoning Ordinance. In addition, both of these bodies must approve zoning map amendments and text changes. However, the Board of Adjustment (a group of people appointed by the County and/or City) hear and decide applications for conditional use permits and variances. In addition, the Board of Adjustment also hears appeals where it is alleged that there is an error in any order, requirement, decision or determination of the Zoning Administrator. This body and its responsibilities are established in the Zoning Ordinance. Zoning Map Amendments Before map amendment is approved, Planning Commission, City Council or Fiscal Court must find it is in agreement with Comprehensive Plan If not in agreement with Comprehensive Plan: - Existing Zoning inappropriate, proposed appropriate - Major economic, physical or social changes not anticipated in adopted Comprehensive Plan have substantially alter character of the area Planning Commission holds public hearing and makes recommendation to approve or disapprove map amendment. LEGAL ISSUES & ETHICS It takes a majority of the entire legislative body to override the recommendation of the Planning Commission (not majority of quorum) Unless majority votes to override PC recommendation for approval, map amendment ordinance deemed to have passed by operation of law. LEGISLATIVE VS QUASI-JUDICIAL LEGISLATIVE VS QUASI-JUDICIAL Everything that you do as a planning commissioner falls into one of these two categories. It is important to clearly understand the difference because when a planning commission is acting in the quasi-judicial mode, it is subject to the Appearance of Fairness. A legislative action is one which will affect the entire community, not just an individual property owner or single parcel of land. Examples are: updating the Comprehensive Plan, Zoning Ordinance Text Amendments, etc. The rules change for everyone. No one is seeking of being granted special consideration. A quasi-judicial action is one in which you re sitting like a judge, evaluating a specific case or proposal submitted to you by individual parties. Examples include map amendments, applications for variances, etc. 7

8 QUASI-JUDICIAL ACTIONS High level of scrutiny Appearance of Fairness Doctrine -- i.e. all of your actions in the quasi-judicial mode must not only be fair in fact but must appear fair to the average person. Must ask yourself, Would a disinterested person, apprised of the totality of your personal interest or involvement in the matter which the planning commission is considering, be reasonably justified in thinking your involvement might affect your judgment? QUASI-JUDICIAL ACTIONS As most planning commissioners live within the community, it is difficult to avoid receiving phone calls or messages, discussions at the grocery store, etc. regarding proposals that the planning commission is considering. However, when a planning commission or board of adjustment member listens to citizen s feelings outside of a regular meeting (regardless whether they are for or against a project), they are engaging in EX PARTE COMMUNICATION. EX PARTE COMMUNICATION Ex parte communications are forbidden as they violate the Appearance of Fairness Doctrine. Regardless of whether or not an off the record conversation influenced the final vote or not, it just does not look right.. The law says that your actions must appear fair as well as be fair in fact IF EX PARTE COMMUNICATION OCCURS: Discuss the situation with the planning commission staff and/or planning commission attorney Disclose the situation at the next planning commission to be placed on the record at the beginning of the discussion of that item Disclose the substance of any written or oral ex parte communication If you feel that, regardless of this contact that you will be able to render a fair decision, you need to state that for the record as well. If not, excuse yourself from the discussion and decision. It is best to step down and leave the room. DOCTRINE OF NECCESSITY Resulted from developers tainting or engaging in ex parte communication with planning commission members who may oppose their project (i.e. members force to step down and an application is approved). Enacted to counter a lack of quorum. Enables planning commission with lack of quorum or majority of vote to return to their seats, disclose publicly their disqualification, and participate fully in the debate and decision making. RECOMMENDATIONS: THREE STEP OUNCE OF PREVENTION STRATEGY STEP 1: The Chairman of the Planning Commission or Board of Adjustments should inquire at the beginning of the discussion of each agenda item if any member of the planning commission or BOA has any ex parte oral or written contacts to report for the record. STEP 2: The Chairman should also ask if any member of the planning commission of BOA is aware of any appearance of fairness violations which would prevent his/her participation on the quasi-judicial matter before the commission. STEP 3: If anything is reported in Steps 1 and 2, the Chairman should solicit audience comment, questions, or challenges to the disclosure (s). THESE STEPS SHOULD BE TAKEN BEFORE TESTIMONY ON THE PROJECT OR PROPOSAL BEGINS! 8

9 IMPORTANT NOTE CHECKLIST: PREPARATION FOR A LAND USE HEARING Is the hearing legislative or quasi-judicial? IF NO ONE IN THE AUDIENCE RAISES ANY CHALLENGES AT THE HEARING, IT IS MORE DIFFICULT TO CHALLENGE ANY COMMISSION MEMBER LATER ON! Is a hearing required by state statute or local ordinance? Will the decision maker consider evidence for and against the proposal? Will the decision impact specific parties or have an area wide impact? If the first two answers are yes and the decision affects a specific party, it is most likely quasi-judicial. Checklist: Preparation for a Land Use Hearing Quasi-judicial Five elements of Procedural Due Process: Can the hearing be fair? Has the proper notice been issued? Is there an appropriate hearing process in place? Can an accurate record of the hearing be developed? Can a decision meeting all legal requirements be issued? PLANNING COMMISSION TRAINING REQUIREMENTS KRS 147A.027 PLANNING COMMISSION REQUIREMENTS Newly appointed planning commission members must receive four (4) hours of orientation training within one (1) year (12 months) prior to the date of appointment or 120 days following appointment. Existing planning commission members must also be trained. Each planning commission member must receive no less than eight (8) hours of continuing education during the two (2) consecutive calendar years following appointment. : BOARD OF ADJUSTMENT REQUIREMENTS The same training requirements for planning commission i members also applies to all Board of Adjustment Members. NO ONE IS EXEMPT FROM THE TRAINING REQUIREMENT. 9

10 PLANNING STAFF REQUIREMENTS The educational requirements for planning professionals (includes, zoning administrators, administrative officials, and each planning professional s deputies and assistants) are greater than for planning commissioners or board of adjustment members. Newly employed planning professionals must receive 8 hours of orientation training within one (1) year prior to the date of employment or 120 days following employment. Current planning professionals must receive no less than sixteen (16) hours of continuing education training during two (2) consecutive calendar years. PENALTIES Removal from office for a planning commission or board of adjustment member Non-compliance may jeopardize action taken by the commission or board while a non-qualifying member is serving Loss of employment for planning professional.. ADMINISTRATION The legislative body is responsible for providing training and is to provide funding for training. The planning commission determines what qualifies for credit and is responsible for keeping records in compliance with this law. TRAINING SUBJECT MATTER Land use planning; zoning; floodplains; transportation, community facilities, ethics, public utilities, wireless telecommunications facilities; parliamentary procedure; public hearing procedure; administrative law; economic development; housing; public buildings; building construction; land subdivision; and powers and duties of the board of adjustment The law also states that a planning commission may approve other topics reasonably related to the duties of planning officials or professionals by a majority vote of the planning commission prior to December 31 of the year for which credit is sought. TRAINING RESOURCES Kentucky Chapter of the American Planning Association Has training resources they can provide. Chapter also holds Spring and Fall Conferences. Kentucky League of Cities often provides training Wrap up Presentation and comprehensive plan documents available at Future meeting dates at Paroquet Springs Conference Centre: Visioning Workshops: April 4 & April 25 (7 pm to 9 pm) 4 th Thur.: May 23, June 27, July 25 Thanks for coming! 10