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Hot Topics in Planning and Zoning

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Hot Topics in Planning and Zoning HOT TOPICS IN PLANNING & ZONING Brian Howard, AICP Brian Davis, AICP Executive Director Planning Manager Owensboro Metropolitan Louisville Metro Planning Commission Planning & Design [email protected] [email protected] Potential Planning & Zoning Related Items from the 2020 Legislative Session HB 379 – An ACT relating to Electronic Advertising • Create a new section of KRS 177.830 to 177.890 to allow electronic advertising devices located on the premises of a business or organization to advertise or promote activities and products offered both on the property and by charitable nonprofit organizations or groups • Require content advertised to comply with state and federal statutes and regulations • Allow nonprofit content to be displayed at the discretion of the electronic advertising device owner • Prohibit the advertising of outside content if the business or organization has ceased operation HB 379 • Billboards are currently permitted if located at least 660 feet from ROW • Maximum size of 1,250 square feet • Must be spaced 300 feet apart in rural areas, 100 feet in incorporated municipalities • Lighting permitted so long as it doesn’t impair driver vision or obscure traffic signs, devices and lights • Flashing lights are not permitted • Bill failed to progress HB 7 – An ACT relating to Expansion of Gaming • Bill would create a new section of KRS (KRS 154A) to define and regulate “full casino gaming” in Kentucky • Proposes no more than four free-standing casinos • Horse racing tracks that already conduct pari-mutual wagering would be allowed to conduct electronic games but not full casino gaming • Local option elections to decide whether or not to permit gaming would be permitted • Bill failed to progress SB 24 – An ACT relating to Sports Wagering • Bill would legalize sports gambling • Kentucky Lottery would automatically receive one license, horse racing tracks would be eligible, and other vendors could apply as well • Funds collected from fees and taxes would be distributed to KERS and Kentucky Teachers’ Retirement System (60%), Kentucky Educational Excellence Scholarship fund (30%), and the Kentucky Thoroughbred Development Fund (10%) • Bill failed to progress SB 103 – An ACT relating to Agricultural Land • Amend KRS 211.015 to reduce the minimum acreage requirement to qualify as a "farmstead" from ten acres to five acres for the purposes of on- site sewage disposal system requirements; • Amend KRS 318.010 to reduce the minimum acreage requirement to qualify as a "farmstead" from ten acres to five acres for the purposes of exemption from the requirements of the Kentucky State Plumbing Code • Senate approved, House made amendments, Failed to progress from there SB 105 – An ACT Relating to the Regulation of Cannabis • Bill would legalize recreational Cannabis • Failed to progress SB 107 – An ACT Relating to Medicinal Cannabis • Bill would legalize medical Cannabis • Failed to progress HB 148 – An ACT Relating to the Regulation of Cannabis • Bill would legalize recreational Cannabis • Failed to progress HB 136 – An ACT Relating to Medicinal Cannabis • House passed the bill after 17 amendments (65-30) • Senate did not consider it SB 206 – An ACT Relating to Planning Commissions • Change the number of participants in a regional planning unit from two to three • Bill failed to progress SB 150 – An ACT Relating to the State of Emergency in Response to COVID-19 • Signed into law on March 30, 2020 • Public agency may conduct any meeting, including its regular meeting, by live audio or video teleconference during the period of the state of emergency. SB 150 SB 150 • Any deadlines provided by statute for any hearings required to be held, or any decisions to be made, by any local legislative body, board, or commission relating to land use, planning, or zoning pursuant to KRS Chapter 100 are hereby suspended and the time for action on any matter shall be tolled during the state of emergency. • Nothing in this paragraph shall be construed to prohibit provisions for continued service to the public in the area of land use, planning, or zoning that complies with social distancing guidance provided by the CDC or the Kentucky Department of Health, as determined by the executive authority of the relevant local government. BLUEGRASS BLITZ: Planning News from Around the Commonwealth APA-KY REGIONS APA-KY REGION 1 APA-KY Region 1 Trimble County officially enacted zoning on January 1, 2020 APA-KY Region 1 • Trimble County Comprehensive Plan was adopted in 2018 • Plan to enact zoning in January 2019 was suspended due to residents’ concerns • The City of Bedford voted to approve zoning in Summer 2019 • Trimble County Fiscal Court passed zoning in December 2019 by a vote of 3-2 • City of Milton is not enacting zoning APA-KY Region 1 APA-KY REGION 2 APA-KY Region 2 Red River Gorge Development Sought By Private Group APA-KY Region 2 • Red River Gorge is a 29,000 acre area within the Daniel Boone Nation Forest, primarily in Powell County • Popular destination for rock climbing, hiking and camping • Contains over 100 natural sandstone archways APA-KY Region 2 • Red River Economic Development LLC is looking “to create an anchor attraction that will have a catalytic effect on generating other tourism-related developments in the region and to demonstrate a high-profile success for the region and the state of Kentucky.” • Option on 891 acres close to the Slade exit (Exit 33) of the Mountain Parkway • Concept paper calls for a 150-175 room lodge, convention space, private cabins, restaurant, brew pub or distillery, and other amenities • Master plan expected to be completed by July 31, 2020 APA-KY Region 2 Public concerns about: • Sensitive environmental features • Impacts to existing small businesses • Lack of infrastructure • Flooding • Traffic APA-KY Region 2 • Master plan expected to be completed by July 31, 2020 • If funding comes through, plan would be implemented with projected 2023 opening For more information about the Red River Economic Development LLC: • https://www.redriverky.com/ APA-KY REGION 3 APA-KY Region 3 Green River National Wildlife Refuge was dedicated in November 2019 Goals Include: • Protecting and managing wetlands and bottomland forest habitats to support waterfowl, migratory birds, and threatened and endangered species • Providing high-quality hunting and sport fishing opportunities • Providing opportunities for public use and environmental education and interpretation • Collaborating with partners to protect and enhance biodiversity and water quality and quantity within the Ohio River and Green River watersheds, benefiting both humans and wildlife APA-KY Region 3 • 2nd national wildlife refuge in Kentucky (Clarks River NWR) • The US Fish and Wildlife Service has identified a 53,000 acre area within Henderson County as a Conservation Partnership Area (CPA) • Properties within the CPA could be purchases to meet the goal of 24,000 acres for the NWR • In January 2020, approval was given to allow some funds from Federal Duck Stamp sales to go towards establishment of the GRNWR APA-KY Region 3 For more information about the Green River National Wildlife Refuge: https://www.fws.gov/southeast/ national-wildlife-refuges/ green-river-national-wildlife-refuge/ APA-KY REGION 4 APA-KY Region 4 Ohio DOT and KYTC Release Report on New Cincy Bypass APA-KY Region 4 • Lawmakers are exploring a 68 mile long bypass of Cincinnati • Proposed bypass would begin on I-71 near Verona, go across I-75, head north to a new crossing of the Ohio River, and north to near Franklin, Ohio • Help ease congestion on the Brent Spence Bridge (160- 180k ADT) • Estimated Cost - $5.4 to 7.3 Billion APA-KY Region 4 • Opponents say the bypass would only divert 10 percent of the traffic on the Brent Spence Bridge • Significant environmental impacts to numerous waterways, wildlife, etc. • Brent Spence Bridge is subject to a potential $3.5 Billion replacement project APA-KY REGION 5 APA-KY Region 5 Fort Knox Selected for Fifth Corps Headquarters APA-KY Region 5 • Fort Knox covers 170 square miles in Hardin, Meade and Bullitt counties • Currently hosts more than 30 commands and organizations • Daytime population of 25,200 soldiers, civilian employees and family members • Best known for the U.S. Department of Treasury’s Kentucky Bullion Depository APA-KY Region 5 • On February 11, the Department of the Army announced Fort Knox was selected for the Fifth Corps, or V Corps, headquarters • The new headquarters will provide “the needed level of command and control focused on synchronizing US Army, allied and partner nation tactical formations operating in Europe” • 635 additional soldiers • Operations expect to begin in Fall 2020 APA-KY Region 5 • Fort Knox already has an estimated economic impact of $2.3 billion • Hardin County Planning and Development Commission is working with Fort Knox on a Compatible Use Plan • Already had applications for new subdivisions located near Fort Knox NATIONAL PLANNING TOPICS OF INTEREST Cannabis Cultivation and Distribution Cannabis Cultivation and Distribution Source: Governing.com Cannabis Cultivation and Distribution • On January 1, 2020, Illinois became the latest state to legalize recreational and medical cannabis use • 11th state to legalize recreational use, 20th to legalize medical use • Medical users can grow minor amounts for personal medical use • Voters may petition to have cannabis restrictions placed on the ballot in their precinct • $30.6 million in sales to in-state residents, $8.6 million to out-of-state residents
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