Page 1 – Change of Zone #20024

COMPATIBILITY WITH THE COMPREHENSIVE PLAN The Comprehensive Plan supports spacing between industrial and residential uses. The change of zone as proposed would meet the recommended separation and eliminate industrial zoning near existing housing. Industrial zoning near residential uses is not desirable because industrial uses may involve the use or storage of hazardous chemicals, which could have significant negative effects on their surroundings. The proposal also helps meet the goals for infill housing.

LINCOLN/LANCASTER COUNTY PLANNING COMMISSION STAFF REPORT FROM THE LINCOLN/LANCASTER COUNTY PLANNING DEPARTMENT, 555 S. 10TH STREET, SUITE 213, LINCOLN, NE 68508

APPLICATION NUMBER Change of Zone #20024

FINAL ACTION? No

DEVELOPER/OWNER LA Real Estate

PLANNING COMMISSION HEARING DATE August 5, 2020

RELATED APPLICATIONS None

PROPERTY ADDRESS/LOCATION N. 27th Street and Old Dairy Road

RECOMMENDATION: APPROVAL

BRIEF SUMMARY OF REQUEST This is a request for a change of zone from H-3 Highway Commercial District to R-4 Residential District over one lot, and a related change of zone from I-1 Industrial District to H-3 Highway Commercial District over 6 other nearby properties. The changes are requested by the potential developer of the proposed R-4 zoned lot. The change of zone to R-4 is requested to allow residential development of the lot. In order to conform with the Comprehensive Plan, downzoning of the I-1 property within 300 feet of the site is appropriate, as new residential uses should not be near industrial zoning districts. The change of zone would not cause any known uses to become nonconforming. The existing uses on the I-1 zoned land are restaurants, which are allowed in the H-3 district.

JUSTIFICATION FOR RECOMMENDATION The proposed highway commercial zoning fits the future commercial land use designation and character of the area, which has developed with mostly commercial uses. The change of zone conforms to a long-term City plan to eliminate this industrial zoning along N. 27th Street. The City planned the re-zoning to eliminate I-1 zoning within 300 feet of existing residential uses and better reflect the commercial character of the area. The change of zone will allow for residential development on a vacant property and eliminate industrial zoning near existing housing.

APPLICATION CONTACT Loni Burd, (402) 540-7659 or lonibrown15@gmail.com STAFF CONTACT Rachel Jones, (402) 441-7603 or rjones@lincoln.ne.gov

Page 2 – Change of Zone #20024

KEY QUOTES FROM THE 2040 COMPREHENSIVE PLAN

P. 12.3 - this site is shown as future commercial on the 2040 Lincoln Area Future Land Use Plan. P. 12.4 – Commercial. Areas of retail, office, service and residential mixed uses. Commercial uses may vary widely in their intensity of use and impact. Individual areas designated as commercial in the land use plan may not be appropriate for every commercial zoning district. P. 5.17 - There are considerations for industrial uses in regard to the potential impact on adjacent property. In 2005, a Joint Committee of the Board of Health and Planning Commission began to meet regularly to discuss issues of common interest; including industrial land uses that use and store hazardous materials. The Joint Committee developed reports called Use and Storage of Hazardous Materials and Pipelines Carrying Hazardous Materials. P. 5.18 - Public Health & Safety Measures: Industrial zoning districts should be primarily for industrial uses. Risk Reduction: In areas where industrial and residential uses are already close, efforts should focus on changes in the quantity and type of hazardous materials used and on increasing the distance between where hazardous materials are stored and residential districts. Notification: Persons living in close proximity to businesses with hazardous materials should be notified of the hazards. P. 1.6 - Approximately 20% of new dwelling units will be built within the existing City, with about 3,000 in the Downtown and Antelope Valley areas, 1,000 in existing neighborhoods, and 4,000 in mixed use redevelopment nodes and corridors. P. 7.4 - Strategies for Neighborhoods and Housing • Encourage preservation or restoration of natural resources within or adjacent to development. • Provide adequate spacing from pipelines and areas where hazardous chemicals could be used and stored; notify

property owners and residents along the pipeline about hazards and emergency actions. • Encourage substantial connectivity and convenient access to neighborhood services (stores, schools, parks) from

residential areas. • Encourage mixed use commercial centers to incorporate special needs housing where they could serve as a

transitional use to less intensive residential development and benefit from walkable access to the commercial area and transit.

• Incorporate interconnected networks of streets, transit, trails, and sidewalks with multiple connections within and between neighborhoods and commercial centers to maximize access and mobility to provide alternatives to and reduce dependence upon the automobile.

P. 7.4-7.8 - Strategies for Developing Neighborhoods • Encourage new development to achieve densities greater than five dwelling units per gross acre. P. 7.8 - Preserving existing housing and promoting homeownership should remain the focus in established neighborhoods, with modest opportunities for infill and redevelopment. P. 7.8 - 1,000 well-designed and appropriately-placed dwelling units are projected for neighborhoods in the existing city — a one percent increase to the existing housing stock—on vacant lots, expansions of existing apartment complexes with undeveloped land, and through accessory dwelling units. Residential redevelopment in existing neighborhoods tends to occur naturally without public intervention over a long period of time, as individual properties become obsolete or are acquired piecemeal by private or nonprofit developers. ANALYSIS

1. The are two parts to the change of zone. The first is a change of zone from H-3 to R-4 over one lot at 3971 N. 26th Street to allow future residential development. This lot was final platted in 2005 and has remained vacant ever since. There has been little commercial interest in this property as it is behind other commercial uses with less visibility from N. 27th Street. Most development inquiries have been for residential use of the property. The second is a change of zone from I-1 to H-3 on six adjacent or nearby parcels. The applicant is the prospective buyer/developer of the property at 3971 N. 26th Street.

Page 3 – Change of Zone #20024

2. To allow development of the lot at 3971 N. 26th Street as housing, downzoning of the I-1 zoned property within 300 feet of the subject property is appropriate and in conformance with the goals of the Comprehensive Plan. The applicant’s intention is to apply for the change of zone first. If approved, they would apply for either a Community Unit Plan or Preliminary Plat prior to developing the site (see attached draft concept plan).

3. The I-1 properties proposed for rezoning to H-3 include the Sonic, Applebee’s, and Golden Corral restaurants, a vacant parcel west of Sonic, an outlot containing the private roadway for N. 26th Street, and an outlot for detention. The proposal avoids re-zoning the parcel used by Blue Ox, located north of Sonic, as their operation may make use of the industrial zoning and is more than 300 feet away. The change of zone would not cause any existing uses to become nonconforming as restaurants are permitted by right in the H-3 district. There would be no known nonstandard zoning conditions created as a result.

4. High traffic counts on N. 27th Street indicate that commercial uses should remain viable in this area long-term due to visibility. For that reason, the change of zone should not negatively impact the resale potential of the I-1 land.

5. The future land use designation of all the properties is commercial. Although there is I-1 zoning along the N. 27th Street corridor, it is mostly developed with commercial uses rather than industrial uses. The City has long-term plans to eliminate the I-1 zoning along the corridor as reflected in the future land use designation. The land use designation was changed from industrial to commercial in 2002 with the 2025 Comprehensive Plan. The change was made based on the desire to re-designate those industrial zoned areas that are moving away from an industrial character.

6. Two rezonings of I-1 districts in other areas of Lincoln were recently approved that removed obsolete industrial zoning near residential areas. These were CZ #17028 approved along former railroad right-of-way north of Vine Street from 21st to east of 33rd Street in 2018, and CZ #18009 near 66th and Vine Street, also along former railroad right-of-way approved in 2018. CZ #17027 re-zoned numerous properties from I-1 to H-3, B-3, R-4, R-6 and P based upon their existing usage. CZ #18009 re-zoned approximately 15 properties from I-1 to H-3. In both cases, the changes of zone removed obsolete industrial zoning from the former railroad alignment that was incompatible with adjacent residential zoning and uses.

7. The Comprehensive Plan has a longstanding policy that does not support new residential zoning or uses within 300 feet of an industrial zone because industrial zoning allows a broad range of potentially hazardous land uses. In addition to allowing for residential on the proposed site, eliminating the I-1 zoning will also remove industrial zoning near existing houses.

8. To summarize the differences between I-1 and H-3 zoning, I-1 allows many more land uses and generally has less restrictive development regulations than H-3. The I-1 district allows a large range of commercial and industrial uses, many of which are not allowed in the H-3 district. However, the I-1 district does not allow residential uses. I-1 typically has lesser setbacks and parking requirements, and allows a greater building height than H-3.

In general, the greatest change associated with the change of zone will be the removal of permitted industrial uses including but not limited to blast furnaces, boiler works or forge, manufacture, transfer or storage of acetylene, production, manufacture, distribution, or commercial storage of toxic, flammable or explosive materials and other uses which may involve hazardous chemicals or have significant external effects. These uses would not be desirable so close to existing residential uses.

A comparison of permitted uses in I-1 and H-3 zoning districts is shown below. Uses designated with a “P” are permitted uses. Uses designated with a “C” are permitted conditional uses. Uses designated with an “S” are permitted special uses.

Agriculture Use Group H3 I1

Agriculture P P

Agricultural Attraction

Confined feeding facilities

Farm wineries

Heritage centers

Page 4 – Change of Zone #20024

Agriculture Use Group H3 I1

Market gardens

Pet cemeteries (only allowed outside of City limits) (see 6.04.260)

Sale barn P

Urban garden C C

All other uses in this Use Group P

Group Living Use Group H3 I1

Alternative to imprisonment facilities

Children’s homes

Domestic shelters P

Healthcare facilities, Residential

Dwellings for members of religious orders

Dwellings for non-related persons

Fraternities and sororities

Group homes

Shelters for the homeless, temporary S

All other uses in this Use Group

Household Living Use Group H3 I1

Apartment hotels

Connection of a single family dwelling

Dwellings for caretakers, resident watchmen, and supervisory personnel employed and residing on premises P P

Accessory Dwellings for domestic employees

Elderly and Retirement Housing

Housing for the Handicapped

Mobile home courts

Mobile home subdivisions

Multiple family dwellings

Single-family dwellings

Single-family dwelling with detached accessory dwelling

Townhouses

Two-family dwellings

All other uses in this Use Group

Page 5 – Change of Zone #20024

Utilities Use Group H3 I1

Broadcast stations P P

Broadcast towers S S

Commercial Wind Energy Conversion System

Personal wireless services facilities S S

Public utilities C C

Solar Energy Conversion System (Large) P P

Solar Energy Conversion System (Small) P P

Utility and cable television purposes S P

All other uses in this Use Group P

Civic Services Use Group H3 I1

Adult day services facility P P

Cemeteries and mausoleums S P

Places of Religious Assembly P C

Clubs/ Lodges P P

Health care facilities, Non-residential S

Neighborhood support services P P

All other uses in this Use Group P P

Education and Instruction Use Group H3 I1

Academies P S

Community, satellite, private colleges; vocational schools or other post-secondary education facilities, except industrial trade schools P S

Industrial trade schools P S

Early childhood care facilities P S

Private schools C

All other uses in this Use Group P

Retail Sales and Services Use Group H3 I1

Garden centers P P

Hotels and motels P P

Kennels C P

Mail order catalog sales P P

Marinas for sale, service, and storage of motorboats and related water craft P

Motorized vehicle fuel sales facility P P

Motorized vehicle repair/service P P

Motorized vehicle sales C P

Motorized vehicle wash facilities C P

Page 6 – Change of Zone #20024

Off-sale alcoholic beverages S S

Outdoor retail sales P P

Outdoor seasonal sales P P

Parking garage as a primary use P

Parking lots as a primary use P P

Parking lots, temporary P

Parking lots, temporary commercial P

Personal services P P

Retail sales C C

Service and repair facilities P P

Veterinary facilities C P

All other uses in this Use Group P P

Office Use Group H3 I1

Banks, savings and loan associations, credit unions, and finance companies P P

Offices P P

All other uses in this Use Group P P

Food and Drink Establishments Use Group H3 I1

On-sale alcoholic beverages S S

Restaurants P P

All other uses in this Use Group P P

Commercial Recreation and Entertainment Facilities Use Group H3 I1

Campgrounds

Community halls

Recreational facilities, enclosed commercial P P

Recreational uses, outdoor P P

Sexually oriented live entertainment establishments S S

Social halls C P

Theaters (indoor)

Theaters (outdoor) P S

Amusement License

All other uses in this Use Group P P

Page 7 – Change of Zone #20024

Manufacturing, Processing, Storage, and Distribution Use Group H3 I1

Assembly Facilities C P Bag cleaning works S

Bakeries (wholesale) P P Blast furnaces, coke ovens, smelting, or ore reduction works S

Boiler works or forge S

Bottling works P P Brewery (over 20,000 barrels) S

Brick, tile, pottery, or terra-cotta manufacture, other than the manufacture of handicrafts P Coal yard P P Concrete dispensing units (small batch) S P Concrete paving plants (temporary) C C

Creameries P P Distillation of bones, coal, or wood S

Enclosed disassembly operations P P Fertilizer or toxic or flammable agricultural chemicals: Facilities for commercial storage or sale S

Forges S

Fuel oil storage tanks and all bulk storage of oils, petroleum and similar flammable liquids and chemicals S S

Grain elevators P Grain elevators and grain mills P Grain mills P Liquified petroleum, gas and similar gas used for fuel stored above ground S S

Manufacture, transfer, or storage of acetylene S

Open storage P

Major Entertainment and Event Use Group H3 I1

Places of public assembly P

Race track for motorized vehicles S

All other uses in this Use Group

Heavy Commercial Services Use Group H3 I1

Contractor services P P

Cabinet shops or stores P P

Lumber yards P P

Mini-warehouses P P

Private landing strips and appurtenances

Tree service P

Truck stops P P

Truck terminals P P

Truck wash facilities C P

All other uses in this Use Group P P

Page 8 – Change of Zone #20024

Manufacturing, Processing, Storage, and Distribution Use Group H3 I1 Optical lens grinding and finishing P P Outdoor vehicle storage C C

Petroleum and petroleum products, bulk storage S S

Production, manufacture, distribution, or commercial storage of toxic, flammable, or explosive materials, including chemicals and gases, fireworks and explosives, arsenals and magazines

S

Refining or bulk storage of petroleum or natural gas, or their products S

Refining The refining, distillation, or manufacture of: Acids or alcohols; Ammonia, bleach, or chlorine; Asphalt, tar, or products made therewith, including roofing or waterproofing; Cement, lime, gypsum, or plaster of paris; Disinfectants; Dyestuffs; Fertilizer; Glue, sizing, or gelatin; Oilcloth, linoleum, oiled rubber goods; Paint, shellac, turpentine, or oils; Paper or pulp; Rubber, gutta-percha, balata, creosote, or products treated therewith; Shoe polish

S

Rendering fat S

Rock crusher S

Rolling mill (a steel mill where metal is rolled into sheets or bars) S

Salvage yards S

Stock yards or slaughter of animals or fowl S

Storage of explosives S

Tanning, curing, or storage of raw hides or skins S

The milling, processing, refining, or distillation of agricultural crops. S

Transportation of toxic, radioactive, flammable, or explosive materials S

Warehouses C P Yeast plant S

All other uses in this Use Group P

9. The proposed change of zone would carry with it different lot regulations. This is because setbacks and height

limits vary depending on the zoning district. In terms of the proposed change of zone areas from I-1 to H-3, the front, side and rear setback requirements are somewhat greater for the H-3 district compared to the I-1 district. The maximum height is also limited more in the H-3 district compared to the I-1 district (see Setback and Height Requirements Comparison tables below). Setback and Height Requirements Comparison (I-1, H-3):

I-1 H-3 Front Yard: 15’* 20’ Side Yard: 0’ Smaller of 15’ or 10% of lot width

(Lesser of 20 feet or 10% (minimum 5’, 20’ abutting residential)

Waste Management and Extractive Services Use Group H3 I1

Dumping or reduction of garbage, offal, or dead animals S

Excavation and Stone Milling including: Extraction of sand, gravel, soil and mining, quarrying, stone mills S S

Landfills, Limited S S

All other uses in this Use Group P

Page 9 – Change of Zone #20024

of lot width, min 5’ abutting residential)

Rear Yard: 0’ Smaller of 30’ or 20% of depth (Lesser of 20 feet or 10% of lot width, min 5’ abutting Residential) Height 75’ 55’**

*The front yard shall be none except where the frontage on one side of a street between two intersecting streets is located partly in the I-1 zoning district and partly in a zoning district that requires a front yard, in which case the front yard requirements of the adjacent district shall apply to the I-1 zoning district from the place where it

abuts the other district to the next intersecting street, or for 300 feet, whichever is less.

**In all H zoning districts, if the height of the building is over 45 feet but not more than 55 feet, that portion of the building in excess of 45 feet shall be required to have one additional foot setback to any required side and/or rear yard abutting an R-1 through R-4 zoning residential district for each one foot of building height in excess of 45 feet. The required parking for restaurants would remain the same with the change of zone at 1 space per 100 square feet. The parking standard for general office/retail/commercial uses in I-1 is 2 spaces per 3 persons on the maximum shift or 1 per 1,000 sq. ft. whereas in H-3 the standard is higher at 1 space per 300 sq. ft.

10. Special Permit #1474 allowed retail sales in excess of 20,000 square feet in the I-I District. Approval of the change

of zone would supersede the special permit over those properties. The special permit is no longer needed or used, since the former retail sales is now occupied by the Center for People In Need. The Special Permit only affected a small portion of what is now the Golden Corral parking lot and is not an important factor.

11. Prior to submitting the application, the applicant contacted the industrial landowners and directed them to the City with questions. The Planning Department mailed the owners a letter upon receiving the application, in addition to the official notification letter, to allow more time for addressing questions prior to the hearing.

EXISTING LAND USE & ZONING: Proposed R-4 property: Vacant; H-3 Proposed H-3 property: Restaurants, private roadway, detention and vacant SURROUNDING LAND USE & ZONING

North: Two-family residential dwellings, restaurant, industrial and vacant; R-3 and I-1 South: Multi-family, hotel and Center for People In Need; R-4, H-3 and I-1 East: Commercial and industrial; I-1 West: Multi-family, hotel and Center for People In Need; R-4, H-3 and I-1 APPLICATION HISTORY Nov. 1997 Preliminary Plat #97017 was approved by the City Council for Fieldstone Center, which showed 8 commercial lots. Aug. 1993 Special Permit #1474 was approved by the Planning Commission to construct a retail lumber facility in

excess of 20,000 square feet in the I-I District. Several administrative amendments were approved by the Planning Director to revise the building sizes and lot layout.

Page 10 – Change of Zone #20024

APPROXIMATE LAND AREA: Change of Zone from H-3 to R-4: 1.83 acres Change of Zone from I-1 to H-3: 5.43 acres LEGAL DESCRIPTION: See attached.

Prepared by ___________________________ Rachel Jones, Planner Date: July 24, 2020 Applicant/Contact: Aaron and Loni Burd 1358 Shire Lane Eagle, NE 68347 (402) 540-7659 or lonibrown15@gmail.com Owners: See attached. F:\DevReview\CZ\20000\CZ20024 3971 N. 26th Street.rkj.docx

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CITY VIEW CT

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File: F:\DevReview\PlannerPacket\MXD\Agendadrawings.mxd (CZ20024)

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One Square Mile:Sec.12 T10N R06E

Zoning:R-1 to R-8AGAGRO-1O-2O-3R-TB-1B-2B-3B-4B-5H-1H-2H-3H-4I-1I-2I-3P

Residential DistrictAgricultural DistrictAgricultural Residential DistrictOffice DistrictSuburban Office DistrictOffice Park DistrictResidential Transition DistrictLocal Business DistrictPlanned Neighborhood Business DistrictCommercial DistrictLincoln Center Business DistrictPlanned Regional Business DistrictInterstate Commercial DistrictHighway Business DistrictHighway Commercial DistrictGeneral Commercial DistrictIndustrial DistrictIndustrial Park DistrictEmployment Center DistrictPublic Use District

Zoning Jurisdiction Lines

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PDF: F:\Boards\PC\Internet\out\

�Change of Zone #: CZ20024N 26th St & Old Dairy Rd

H-3 to R-4

I-1 to H-3

LEGAL DESCRIPTION 

CHANGE OF ZONE FROM H‐3 TO R‐4 

 

Lot 1, Fieldstone Center 4th Addition, located in the northeast quarter of Section 12‐10‐6, Lincoln, 

Lancaster County, Nebraska. 

 

LEGAL DESCRIPTION 

CHANGE OF ZONE FROM I‐1 TO H‐3 

 

.78+‐ acres in the southwest part of Lot 137, I.T. and .77+‐ acres the southeast part of Lot 137, I.T., 

together with Outlot A, Fieldstone Center, Outlot A and Lot 2, Fieldstone Center Second Addition, and 

Lot 1, Fieldstone Center 3rd Addition, all located in the northeast quarter of Section 12‐10‐6, Lincoln, 

Lancaster County, Nebraska. 

 

LA REAL ESTATE Aaron & Loni Burd | lonibrown15@gmail.com | 402.540.7659 | 402.419.6718 

Golden Corral Parcel ID: 1112224001000 Site Address: 3940 N 26TH ST, LINCOLN, NE 68521 Legal Description: FIELDSTONE CENTER THIRD ADDITION, Lot 1 Owner Information: NET LEASE FUNDING 2005 LP Attn: STORE 693 2325 E CAMELBACK RD STE 1100 PHOENIX, AZ 85016 (407) 540-2000

Applebees Parcel ID: 1112220002000 Site Address: 3951 N 27TH ST, LINCOLN, NE 68521 Legal Description: FIELDSTONE CENTER SECOND ADDITION, Lot 2 Owner Information: TRIPLE H INVESTMENTS LLC Attn: RMH FRANCHISE CORP 2021 PINE LAKE RD STE 100 LINCOLN, NE 68512 (402) 858-7880

Sonic Parcel ID: 1112200023000 Site Address: 4001 N 27TH ST, LINCOLN, NE 68521 Legal Description: S12, T10, R6, 6th Principal Meridian, .77+- AC IN SE PART IRREGULAR TRACT LOT 137 NE Owner Information: MANSKE, MARGARET A LIVING TRUST 6325 O ST APT 216 LINCOLN, NE 68510 402-486-2338

West of Sonic Parcel ID: 1112200022000 Site Address:

Legal Description: S12, T10, R6, 6th Principal Meridian, .78+- AC IN SW PART IRREGULAR TRACT LOT 137 NE Owner Information: MANSKE, MARGARET A LIVING TRUST 6325 O ST APT 216 LINCOLN, NE 68510 402-486-2338

Private Drive West of Applebees and Golden Corral Parcel ID: 1112217004000 Site Address: Legal Description: FIELDSTONE CENTER, OUTLOT A Owner Information: FIELDSTONE OWNERS ASSOCIATION 3939 N 26 ST LINCOLN, NE 68521 (402) 474-1070

Property East of Golden CorralParcel ID: 1112220003000Site Address:Legal Description: FIELDSTONE CENTER SECOND ADDITION, OUTLOT AOwner Information:FIELDSTONE OWNERS ASSOCIATION3939 N 26 ST LINCOLN, NE 68521

Property Proposed for Future Residential DevelopmentParcel ID: 1112228001000Site Address: 3971 N 26TH ST, LINCOLN, NE 68521Legal Description: FIELDSTONE CENTER 4TH ADDITION, Lot 1Owner Information:HAMER ENTERPRISES LLCAttn: KEVIN HURT 4320 RED DEER DR LINCOLN, NE 68516

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Draft Concept Plan - 3971 N. 26th Street

LA REAL ESTATE Aaron & Loni Burd | lonibrown15@gmail.com | 402.540.7659 | 402.419.6718 

To whom it may concern,

This letter is to request a change of zone for the properties we’ve listed on the

attached change of zone form from I-1 to H-3. We are also requesting a change of

zone for the property we intend to buy, 3971 N 26th, from H-3 to R-4, in addition to

the industrial properties.

We are in the process of developing a community unit plan located at 3971 N

26th St in Lincoln, Nebraska. This plan includes multiple residential apartment

buildings with private parking. The plan is supported by the planning department and

city.

We ask the change of zone be granted, to allow our site to be developed

properly and to its full potential. No waivers are requested for this project.

Respectfully,

Aaron and Loni Burd

402.419.6718