City Council Introduction: April 27, 2020 Public Hearing: May 4, 2020, 3:00 p.m. Bill No. 20-44

PLANNING DEPARTMENT SUMMARY REPORT

TITLE: Change of Zone 20010 – AG to AGR PLANNING COMMISSION RECOMMMMENDATION: on that portion of property located within Lincoln’s Approval (5-0: Campbell, Edgerton, Ryman Yost, jurisdiction Beckius and Corr voting ‘yes’; Al-Badry, Joy, Finnegan, (South 46th and Bennet Road) and Scheer absent.) APPLICANT: Jerry Williams/Design Associates of Lincoln OPPONENTS: None present at hearing. STAFF RECOMMENDATION: Approval. REASON FOR LEGISLATION: This is a request for a change of zone from AG-Agriculture to AGR- Agriculture Residential on approximately 1.9 acres. The applicant is requesting the change of zone to allow the development of acreage lots. DISCUSSION / FINDINGS OF FACT: 1. This proposed change of zone request, as well as the associated Waiver 20002, were heard before the Planning

Commission on April 15, 2020, as part of the Consent Agenda. 2. The staff recommendation of approval is based upon the “Analysis” as set forth on p.2, concluding that the

area to the east is an acreage development of lots of generally 5 acres in size. The area within Roca’s jurisdiction is zoned AGR. Rezoning the small portion within Lincoln’s zoning jurisdiction is appropriate because the area within Roca’s jurisdiction is zoned for acreage lots.

3. On April 15, 2020, the Planning Commission voted 5-0 to recommend approval of this proposed text

amendment. 4. Also, on April 15, 2020, the Planning Commission voted 5-0 to adopt Resolution PC-01699, approving the

associated Waiver 20002 to waive Subdivision Ordinance pertaining to Lincoln Municipal Code 26.33.140(g) regarding street frontage.

SUMMARY REPORT PREPARED BY: Geri Rorabaugh, Administrative Officer DATE: April 20, 2020 REVIEWED BY: David R. Cary, Director of Planning DATE: April 20, 2020 F:\devreivew\factsheets\CC\2020\Apr 15 2020\CZ20010+ Consent

Page 1 – Change of Zone #20010

COMPATIBILITY WITH THE COMPREHENSIVE PLAN The proposed AGR Agricultural Residential zoning is compatible with the surrounding land use. Low Density Agriculture is proposed for this area in Roca’s comprehensive plan. KEY QUOTES FROM THE 2040 COMPREHENSIVE PLAN

P. 7.2 – Encourage acreages to develop in appropriate areas and preserve farmland.

P. 7.12- LPlan 2040 supports the preservation of land in the bulk of the County for agricultural and natural resource purposes. However it recognizes that some parts of the County are in transition from predominantly agricultural uses to a mix that includes more residential uses. P. 7.12 – Grouping acreages together in specific areas will limit the areas of potential conflict between farms and acreages. P. 12.1 – The Land Use Plan displays the generalized location of each land use. It is not intended to be used to determine exact boundaries of each designation. The area of transition from one land use to another is often gradual.

P. 12.3 - this site is shown as future Agricultural, Agricultural Stream Corridor, Environmental Resources and Green

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 #20010

FINAL ACTION? No

DEVELOPER/OWNER Barry and Kelli Fowler

PLANNING COMMISSION HEARING DATE April 15, 2020

RELATED APPLICATIONS WVR #20002

PROPERTY ADDRESS/LOCATION S. 46th St. and Bennet Rd.

RECOMMENDATION: APPROVAL

BRIEF SUMMARY OF REQUEST This is a request for a change of zone from AG-Agriculture to AGR- Agriculture Residential on approximately 1.9 acres. The applicant is requesting the change of zone to allow the development of acreage lots.

JUSTIFICATION FOR RECOMMENDATION The area to the east is an acreage development of lots of generally 5 acres in size. The area within Roca’s jurisdiction is zoned AGR. Rezoning the small portion within Lincoln’s zoning jurisdiction is appropriate because the area within Roca’s jurisdiction is zoned for acreage lots.

APPLICATION CONTACT Jeremy Williams 402-474-3000 jeremy@DAofLincoln.com STAFF CONTACT Tom Cajka, (402) 441-5662 or tcajka@lincoln.ne.gov

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Space on the 2040 Lincoln Area Future Land Use Plan. P. 12.4 – Agricultural Stream Corridor is land intended to remain in open space, predominately in agricultural use. P. 12.4 - Environment Resources are 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. P. 12.4 - Green Space is for public 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. P. 12.5 – The Land Use Plan also displays the generalized land use plans for other incorporated places within the county. P. 12.5 – The Planning Department will continue its policy of coordinating with other Lancaster County towns by sharing information, notifying them of activity near their jurisdictions, and continually updating the land uses identified in their individual comprehensive plans on the Lancaster County Future Land Use map. ANALYSIS

1. This application is for a change of zone from AG Agriculture to AGR Agriculture Residential on approximately 1.9 acres. The area within Roca’s zoning jurisdiction is zoned AGR.

2. The applicant’s property is within both Lincoln and Roca’s zoning jurisdiction. The vast majority of the property is within Roca’s one-mile zoning jurisdiction. Only about 2 acres is within Lincoln’s 3-mile zoning jurisdiction. The approval of this request would allow all of the property to be zoned AGR.

3. The AGR zoning district is necessary so that the owner can complete a final plat that is in process. The final plat proposed adding one additional lot to the South Creek Estates subdivision.

4. The Comprehensive Plan encourages acreages to be grouped together into specific areas. There are existing acreages to the east.

5. The Comprehensive Plan identifies this are to remain agriculture but due to the small area within Lincoln’s zoning jurisdiction and that the area within Roca’s jurisdiction is shown for acreage lots, this change of zone is appropriate.

6. Associated with this application is Waiver#20002 to waive the requirement of lots fronting on and taking access to a street.

CONDITIONS OF APPROVAL: See attached. EXISTING LAND USE & ZONING: AG Agriculture Farm ground/open space SURROUNDING LAND USE & ZONING

North: AG Agriculture (Lincoln zoning) Farm ground South: AGR Agricultural Rural (Roca zoning) Farm ground and open space East: AGR Agricultural Rural (Roca zoning) Acreage lots with dwellings West: AGX Exclusive Agricultural (Roca zoning) Farm ground AG Agriculture (Lincoln zoning) Farm ground APPROXIMATE LAND AREA: 1.9 acres, more or less LEGAL DESCRIPTION: That portion of Lot 9 and Outlot A, South Creek Estates Corrected Plat lying within Lincoln’s 3-mile zoning jurisdiction.

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Prepared by ___________________________ Tom Cajka, Planner Date: March 30, 2020 Applicant: Jeremy Williams Design Associates 1609 “N” Street Lincoln, NE 68508 Contact: Same as Applicant Owner: Barry and Kelli Fowler 3940 Nicholas Court Roca, NE 68340 402-430-8915 bfowler@fowlercustomhomes.com F:\DevReview\CZ\20000\CZ20010 AG to AGR.tjc.docx

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A G

A G R

A G X

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LAS C

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City of Lincoln\Lancaster County, NE

File: F:\DevReview\PlannerPacket\MXD\Agendadrawings.mxd (CZ20010)

S 3

8th

St

(Bennet Rd)

(Wittstruck Rd)

S 2

5th

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2018 aerial

One Square Mile:Sec.07 T08N R07E

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

Area of Application

Existing City Limits

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

Change of Zone #: CZ20010 (AG to AGR) and Waiver #: WVR20002South Creek EstatesS 46th St & Bennet Rd

City of Lincoln Zoning Jurisdiction

AGX

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CHANGE OF ZONE 20010  

 

CONSENT AGENDA 

PUBLIC HEARING & ADMINISTRATIVE ACTION BEFORE PLANNING COMMISSION:              April 15, 2020  Members present: Campbell, Edgerton, Ryman Yost, Beckius and Corr; Joy declared Conflict of 

Interest; Al‐Badry, Finnegan and Scheer absent.  

The Consent Agenda consisted of the following item: Comprehensive Plan Conformance 

20003, Special Permit 20007, Comprehensive Plan Conformance 20004, Text Amendment 

20003, Change of Zone 20010 and Waiver 20002. 

There were no ex parte communications disclosed. 

There was no ex‐parte communications disclosed relating to site visits. 

Campbell moved approval of the remaining Consent Agenda items, seconded by Edgerton and 

carried 5‐0: Campbell, Edgerton, Ryman Yost, Corr and Beckius voting ‘yes’; Joy declared a 

Conflict of Interest; Al‐Badry, Finnegan and Scheer absent.  

Note: This is FINAL ACTION on Special Permit 20007 and Waiver 20002, unless appealed by filing a letter in the Office of the City Clerk within 14 days.    

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