CITY OF LEBANONCOMPREHENSIVE PLANUpdate 2015

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.

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

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

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:

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?

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 capitalize on its resources.

Benefits to Update

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

Questions?