Request By:
Mr. Michael J. Greene
Administrative Officer
Joint Planning Commission
Jessamine County-City of Wilmore
105 Court Row
Nicholasville, Kentucky 40356
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of September 8 in which you desire to know the prescribed method for amending and revising a comprehensive plan. You also relate the following procedure taken by the joint planning commission with respect to amending the comprehensive plan and wish to know whether such procedure fulfills the requirements for revising said plan:
"In November 1976, the Joint Planning Commission began a review of the planning area's Comprehensive Plan, which was adopted in 1971. The review was felt to be necessary because KRS 100 recommends that Plans be updated every five yeras.
"The review was conducted during the regularly scheduled meetings of the Commission in November and December. The review was listed as an agenda item in the newspaper notices for these meetings.
"After its review of the Plan, the Commission concluded that certain passages contained in the Plan were harmful to the integrity of the planning area because they made the northern portion of Jessamine County vulnerable to spill-over urban sprawl from the city of Lexington.
"On January 4, 1977, a Public Hearing was held by the Commission, on the question of the deletion from the Plan of these passages. At the close of the Hearing the Commission voted unanimously to delete the passages.
"On the advice of the Planning Division of the local ADD, to the effect that ratification by the legislative bodies of the Commission's action was not required, notice of the Commission's action was not sent to them and no action by the legislative bodies, relative to the deletions, has been taken."
The procedure for amending the comprehensive plan is the same as for the adoption of the original plan as declared by the court in the case of Hines v. Pinchback-Halloran Volkswagon, Inc., Ky., 513 S.W.2d 492 (1974). The court said and we quote:
"[1] A comprehensive plan cannot be adopted by the Planning Commission without compliance with the research requirements of KRS 100.191 and the holding of a public hearing as required by KRS 100.197. The procedure for amendment of the comprehensive plan is the same as for the adoption of the original plan.KRS 100.197." (Emphasis added.)
From the facts presented and assuming that the necessary research has been made, it would appear that the joint planning commission's procedure for amending the comprehensive plan complies with the original requirements for adopting such plan as prescribed in KRS 100.191 and KRS 100.197.
This office has taken the position in prior opinions that the comprehensive plan adopted by the planning commission does not have to be ratified by the legislative bodies of the participating units, and we believe that the same rule would apply to any amendment to said plan. For your information, we are enclosing copies of OAG 75-708 and OAG 76-86. We are also enclosing a copy of a letter, dated September 1, 1976 to Mr. Jas Sekhon, relating to this question.