The document provides information about Lebanon's comprehensive plan update process. It discusses that comprehensive plans are adopted by the planning and zoning commission and city council, and serve as a general guide for development rather than strict land use controls. It highlights some of the key components that comprehensive plans should include according to state law, such as transportation networks, utilities, land use maps, and conservation plans. The document also notes that Lebanon's current 2005 plan needs to be updated to reflect current community circumstances and priorities to better guide planning and defend zoning decisions. It discusses the benefits of the plan update process and that a consultant, H3/Alta, was selected to assist with the 2015-2016 update.
2. Also referred to as “City Plan” §89.340 RSMo.
Plan is adopted by majority vote of full Planning and
Zoning Commission membership after a public hearing
with at least 15 days notice given. Adoption by resolution
of the City Council frequently occurs as well but is not
necessary.
Comprehensive Plans are a guide as a general rule-
courts have cited comprehensive plans as a “guide to
development rather than an instrument to control land
use.” (exceptions: certain redevelopment statues require
consistency with comprehensive plans)
First true comprehensive plan was the 1909 Daniel
Burnham Plan of Chicago.
Comprehensive Plan - §89.040
RSMo.
3. Zoning and land use regulations must
be adopted “in accordance with a
comprehensive plan” per RSMO
89.040.
Provides a consistent guide for
development; fair notice to property
owners, helps to stabilize property
values.
Sets policy for the community.
Provides defense for zoning
decisions – a formal plan avoids the
appearance of arbitrary and capricious
decision making of individual
decisions.
Zoning alone is NOT Planning.
Importance of Comprehensive
Plan
4. Courts have said:
“local adherence to, consistency with adopted comprehensive plan is a
factor in zoning reasonableness.”
“Absent a formal Plan, the Zoning Ordinance may also serve under
limited circumstances as the City’s ‘comprehensive plan.’”
Comprehensive Plan also required for
regulation of satellite dishes, right of way
regulations, building code variations for historic
buildings, and the use of the Local Historic
Preservation Act.
Plan Importance
Continued
5. Plan Components
“a city plan for the
physical
development of the
community…”
“with accompanying
maps, plats, charts,
descriptive
materials…”
Character and extent of streets
and other public spaces (such as
a major street plan).
General location and extent of
public utilities.
Extent and layout of the re-
planning of blighted districts.
A zoning plan for the location and
use of private, nonprofit, and
public structures (i.e. future land
use map).
Recommendations relative to
parks, forests, wildlife refuges,
dams, and projects affecting
conservation of natural
resources.
Per § 89.340 RSMo. Components May Include:
6. Current plan was drafted in 2005- very different set of
community circumstances (ex. changing nature of Adams
St, area behind Denny’s, Ostrich Drive, expansion and
growth of local industries, new school construction and
eventual development centered around that etc).
Keeping plan current is key to having a strong defensive
position for zoning decisions in court and the community-
as people move in and out as well as age, their needs and
desires change. Plan update process serves as a visioning
session for community needs and helps give Council and
staff direction. Residents feel that they have a stake in the
future of their town. The plan is as much a product of the
people as it is from the planners.
Plans must remain current to be relevant.
Why is an Update Needed?
7. Staff can use the updated plan to formulate long-term priorities, objectives and
projects. Staff is able to respond to stated community desires and needs.
Residents feel that they have a say in the future of their community.
Many businesses both retail and manufacturing look for engagement with
planning activities when scouting new locations- considered a sign of a mature
and stable community.
Staff is currently in the process of beginning a review of Impact Fees and the
assistance of professional planners to determine new rates and levels would be
very useful.
Updated plan can be useful to cite in various grant applications.
Provides a path forward for ideas like Route 66 branding- may generate ideas for
Route 66 that haven’t been considered before. Encourages the community to
Benefits to Update
8. Qualifications were solicited in Feb-March.
Three proposals were received- PGAV, Benchmark, H3/Alta.
Staff evaluated and scored each proposal- H3/Alta ranked highest overall,
edging out PGAV. H3/Alta is a joint submission from two different planning firms.
Both have outstanding reputations and have produced very well regarded plans.
They are well regarded for their efforts to involve the community in the planning
process and have teamed up for projects in the past.
Comprehensive Plan Update is included in the Fiscal Year 2015-2016 Budget-
$75,000.
Negotiations for specific pricing and scope will begin shortly. This will include
new zoning ordinance development to update our procedures.
Consultant Selection