Page 1 – Change of Zone #20020

COMPATIBILITY WITH THE COMPREHENSIVE PLAN The future land use designation for the properties along South 48th Street in this area is Commercial. Rezoning the subject tracts to B-1 is compatible with that designation. This request is consistent with the Zoning Ordinance and the Future Land Use Map of the Comprehensive Plan.

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 #20020 From P to B-1

FINAL ACTION? No

OWNER City of Lincoln

PLANNING COMMISSION HEARING DATE July 8, 2020

RELATED APPLICATIONS CPC#20009

PROPERTY LOCATION 2510 South 48th Street, southeast of the intersection of South 48thStreet and Normal Blvd

RECOMMENDATION: APPROVAL

BRIEF SUMMARY OF REQUEST This request is associated with CPC#20009 requesting a finding of conformance with the Comprehensive Plan for the surplus of approximately .26 acres of land. The land is to be sold to the adjacent property owner of 2510 South 48th Street for the purpose of gaining enough land to meet the separation requirements for a special permit for the sale of alcohol for consumption off the premises. The subject property is zoned P Public reflecting the ownership by the City of Lincoln. That zoning designation is solely for publicly owned land, and because it will no longer be in public ownership after the sale, it needs to be rezoned. In this case, the request is to rezone the land to B-1, the same as the adjacent properties. This request also seeks to include a 0.21 acre parcel adjacent to the north which was declared surplus and sold to the adjacent property owner in 1977. It was not rezoned at that time, but is included as part of this request to rezone from P to B-1 to reflect it is no longer in public ownership.

JUSTIFICATION FOR RECOMMENDATION The Parks and Recreation Advisory Board is recommending that the subject property be declared surplus property and sold. The goal of the prospective owner is to combine the land with adjacent commercially-zoned property. Given it will no longer be in public ownership it must be rezoned. Rezoning to B-1, consistent with the adjacent properties, will allow for its use in conjunction with that property. The 0.21 acre parcel adjacent to the north that was sold in 1977 is already being used commercially.

APPLICATION CONTACT Denise Pierce dpierce@lincoln.ne.gov STAFF CONTACT Brian Will, 402-441-6362 bwill@lincoln.ne.gov

Page 2 – Change of Zone #20020

KEY QUOTES FROM THE 2040 COMPREHENSIVE PLAN

P. 1.8 – The Future Land Use Map designates commercial land uses along South 48th Street in this area. P. 2.8 - Mixed use redevelopment, adaptive reuse, and well-designed and approximately-placed infill development, including residential, commercial and retail uses, are encouraged. P. 4.6 - Public property, especially publicly owned historic property, is a community trust and should be maintained, preserved, and utilized in an exemplary fashion. Most historic property is and should be privately owned and maintained. P. 11.17 - Strategies for Watershed Management Retain City or County property in the floodplain in public ownership, and consider the purchase of easements or land when other publicly-owned property in the floodplain is proposed for surplus. Retain conservation easements to protect floodplain functions where unusual circumstances merit the consideration of surplus floodplain property. P. 12.4 - Green Space: Publicly or privately-owned areas predominantly used for recreation, such as parks, golf courses, soccer or ball fields, and trails. Many green space areas also serve functions such as buffers between incompatible uses and as stormwater management areas. In some cases, privately-owned Green Space such as golf courses may also be appropriate to be considered for future Urban Residential development. P. 12.4 - Environmental Resources: Land and water masses which are of particular importance for maintenance and preservation, such as saline wetlands, native prairie, and some floodway and riparian corridors.

ANALYSIS

1. This a request from the Parks and Recreation Department to rezone the subject property from P Public to B-1 Local Business. It is associated with CPC#20009, which seeks a finding of conformance with the Comprehensive Plan for the declaration of surplus property for a 0.26 acre tract of land.

2. This request includes the 0.21 acre tract adjacent to the north (for a total area of 0.47 acres). It was declared surplus by the City and sold to the neighboring property owner (2444 South 48th Street) in 1977. It was not rezoned at that time and is still zoned P.

3. The 0.26 acre parcel associated with CPC#20009 is to be sold to the adjacent property owner. The Parks and

Recreation Department was approached by the new owner of 2510 South 48th Street seeking to purchase the land. That owner intends to operate a convenience store on the site and will be seeking a liquor license to allow for off-sale alcohol. The proposed license premises must maintain a 100’ separation from a park in order to meet the requirements for a special permit, which needs to be approved by the City prior to a liquor license.

The open space along Antelope Creek in this area is considered City-owned park land, and so the proposed licensed premises currently does meet the required 100’ separation to a park. If the sale proceeds and the land is rezoned as proposed, the premises will meet all required separation criteria.

4. Parks and Recreation notes that the subject parcel is difficult to access and maintain. The Billy Wolff bike trail extends along the creek in this area, but is located on the other side of the creek, and so the land in question is generally not used by the public. It is currently overgrown by volunteer trees and is difficult for City staff to maintain. The park land in this area is not ‘dedicated park land’, meaning the City retains the ability to sell or re-use as appropriate.

5. Chapter 27.54 P Public Use District of the Zoning Ordinance states: “This district is intended to provide a district

essentially for mapping purposes which will identify real property presently owned and used by any governmental entity, including local, state, or federal governmental units, and put to some form of public use. This district is not intended to be applied to land that is used by governmental entities on an easement or leased basis if title to the land is in private ownership.” Given the property associated with CPC#20009, along with the parcel sold in 1977 will no longer be in public ownership, rezoning is appropriate.

Page 3 – Change of Zone #20020

6. The Future Land Use Map designates commercial land uses for the properties along South 48th Street in this area. Given the intent is combine the 0.26 acre parcel associated with CPC#20009 with the adjacent commercially-zoned tract, and that the 0.21 acre parcel sold in 1977 is already being used commercially, rezoning to B-1 is appropriate.

7. This request complies with the requirements of the Zoning Ordinance and the Comprehensive Plan and will allow for an appropriate use of the land.

EXISTING LAND USE & ZONING: 0.26 acre parcel - Park/Open space P Public 0.21 acre parcel – Commercial P Public ASSOCIATED APPLICATIONS: CPC#20009, a request to find conformance with the Comprehensive Plan for the surplus of approximately 0.26 acres of land. APPROXIMATE LAND AREA: 0.47 acres more or less SURROUNDING LAND USE & ZONING

North: Open Space P South: Commercial B-1 East: Park/Open Space P West: Commercial B-1 LEGAL DESCRIPTION: See attached legal descriptions. Prepared by _______________ Brian Will, Planner June 24, 2020 Applicant: Lynn Johnson Parks and Recreation Department City of Lincoln 3131 O Street

Lincoln, NE 68510 402-441-7847

ljohnson@lincoln.ne.gov Contact: Denise Pierce Parks and Recreation Department City of Lincoln 3131 O Street

Lincoln, NE 68510 402-441-7847 dpierce@lincoln.ne.gov

Owner: City of Lincoln 555 South 10th Street Lincoln, NE 68508 F:\DevReview\CZ\20000\CZ20020 2510 S 48th Surplus.bjw.docx

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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

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�Change of Zone #: CZ20020 (P to B-1)S 48th St & Normal Blvd