Steps to Development

CURRENT COMPREHENSIVE PLAN AMENDMENT, AMDT-25-0006

Plan 2040 describes the method for the City or County to alter the Comprehensive Plan:

Proposing an amendment to the Comprehensive Plan can be brought forward at any time; however, it should be considered in context to the whole of Douglas County and Lawrence, and the Lawrence/Douglas County Metropolitan Planning Commission should undertake a thorough review of any amendment at this scale. The following questions should be considered and evaluated as part of the amendment process. 

Amendment Questions 

1. How does the proposed amendment address or result from changed circumstances or unforeseen conditions not understood or addressed at the time the plan was adopted? 

   • 1. • Developer response: The previous submitted amendment included 52 acres of single family housing. Conditions of existing ground included floodway and floodplain on much of the property. Although workable through fill and extensive stormwater studies, the now proposed multi-sport fields are a much better use of land with such conditions. The sports facility functions as a stormwater Best Management Practice, meaning impervious surface and stormwater storage is greatly controlled as compared to a single family housing subdivision. Often, such facilities are built within the floodway. That is not the case here, but it shows the practical land use being proposed. No longer does resident's concern for potential flooding in residential areas apply. Rather the proposed heavily reduces the overall development's impact/

        • Staff report: The staff report identifies a list of changes that have happened since the adoption of the sector plan in 2007 including: completion of the SLT, adoption of Plan 2040, Land Development Code update, annexation of land into City boundaries, etc. 

          1. • An important note in the staff report: The 2021 department work plan identified a need for this plan to be updated following completion of current work on area plans that are in process.

2. How does the proposed amendment advance a clear public purpose? 

   • 1. • Developer Response: A clear public purpose is advanced with the regional draw to Lawrence. The sports facility is expected to draw thousands of people to Lawrence on a regular basis. It also provides an incredible practice facility for local teams in multiple sports. The entirety of the project will include additional entertainment venues as well as additional regional draw to Lawrence. Coupled with the additional commercial draw and housing slated for the west Lawrence expansion, the public will be greatly served. The new layout also gives the pond (dug for fill) access for public use and additional community entertainment.

        • Staff report: This section of the staff report gives a lot of good information on the Sector Plan's policy of preserving the floodplain and open space and identifies the long term policy of the City regarding floodplain conservation. Interestingly, the staff report gives no statement on this amendment's clear public purpose. 

          1. • The original plan for this area, Southern Development Plan, identified open space/floodplain as a future land use with the intent to “encourage the preservation of the floodplain or open space through public or public/private partnerships.” These general boundaries and floodplain protection polices were carried forward in later land use plans for this area.

             • While code may permit certain development in the regulatory floodplain, by practice, long- range plans have placed areas mapped as regulatory floodplain into an open space category with recommendations for appropriate corresponding open space type land uses.

             • The current zoning designations do not align with Map 3-1 or Map 3-2 Future Land Use Maps included in the adopted Revised Southern Development Plan. 

             • Action on the amendment will articulate the community’s expectation for the property based on final actions by the Planning Commission, City Commission, and Board of County Commissioners.

3. How is the proposed amendment consistent with the long-range goals and policies of the plan? 

   • 1. • Developer response: In regard to Chapter 3, the proposed amendment goes a long way to conserve the visual distinction between urban and rural areas with its large areas of open space and conservation of sensitive lands. Areas of existing trees, wetlands, and riverfront are being preserved. Additional wetlands and natural prairie planting are proposed. In regard to Chapter 6, the proposed pursues a dedicated funding source to attract and retain employers and jobs. With such a regional attraction in Lawrence, downtown should benefit from the number of weekenders here to play in Lawrence. The entire development will certainly foster a strong sense of place unique to our community. In regard to Chapter 5, the proposed master planned community gives an opportunity to extend the multi-use trail NE of the property into this development. The master plan provides miles of multi-use walk and interest within the property, connecting all uses. It is designed for both pedestrian use and pedestrian safety. Transportation efficiency has been prioritized.

        • Staff report: The staff report cites Chapter 2 Environment & Natural Resources goal 1, Chapter 3 Growth and Development Commercial goal 1, goal 2 and goal 3, Chapter 3 Growth and Development Residential goal 6, goal 7 and goal 8 as supporting aspects of Plan 2040 for this project. The staff report also provides information about the Wakarusa Visioning Plan, which at the time of the report in October, was not fully fleshed out. 

          1. • Additionally, Douglas County has initiated a plan process, separate from Plan 2040 for establishing a vision and future area plan for the Wakarusa Valley. This planning effort is in the visioning phase of development, a scheduled public meeting in November 2025. The following image shows the subject property, outlined and highlighted in orange within the boundary of the study area.

             • The comprehensive plan amendment considers if the broad land use types are appropriate for an area, while the regulations and code prescribe how that vision is created and constructed. Altering the designation in the Revised Southern Development Plan from Open Space to other designations is possible in the broad sense

4. How does the proposed amendment affect the adequacy of existing or planned facilities and services? 

   • 1. • Developer Response: The proposed increases the adequacy of existing services as compared to the previously approved plan. The planned services largely remain the same. Again, the proposed land use is more fitting for property with its access to the highways and proximity to the floodway. 

        • Staff report: The staff report talks about how the highway (K10) is considered a facility, and how this development could facilitate a new collector street south of town.  The report states that there will need to be public improvement plans for utility connection to public services and while the project is within the 10 minute minimum for EMS services, the project is outside the 4 minute ideal window. With a new fire station planned for the northwest sector of town, this lack of EMS service window shows a startling gap. 

          1. •  A key facility is the highway and street infrastructure. 

             • Utility infrastructure will be extended into the property with public improvement plans which are required when the property is platted, prior to development.

             • The property lies outside of the current 4-minute drive time coverage but within the simulated 10-minute drive time coverage. While there are no specifically planned facilities (fire stations) included in the future capital improvement plan for this area at this time, there is one new facility (fire station) identified being provided in the NW Gap Area. Critical infrastructure for fire apparatus access and water supply would need to meet city standards with public improvement plans.

5. How does the proposed amendment result in reasonably compatible land use relationships? 

   • 1. • Developer response: The CC zoning is on par with zoning along Iowa and north of K-10. The new K-10 on and off ramps at Highway 59 provide excellent access to the facilities. Again, the proposed land use is well suited for land floodway adjacent, reducing potential concerns from Baker Wetlands. 

        • Staff report: The staff report explains the area's current land uses and created a beautiful graphic shown below. 

          1. • Baker Wetlands is a passive recreation area with development restricted to the northeast portion of the plan boundary. The Baker Wetlands occupies more than 665 acres of land within the plan boundary. Other uses include agricultural fields, a landscape business and residential uses south of the highway. The proposed changes increase the intensity of the commercial land uses in a concentrated area and propose high-density residential land use within the plan boundary. Tier 1 areas (properties within the city of Lawrence) have established land use entitlement granted through a previous approvals that if developed as zoned would create a new neighborhood unit in the community south of Kansas Highway 10.

6. How does the proposed amendment reflect the adjacent neighborhoods’ desired outcome? 

   • 1. • Developer response: Adjacent neighbor in this case is The Baker Wetlands. The initial concerns were increased stormwater runoff, light pollution, and trespassing/vandalism from neighboring residents. The proposed provides a significantly better stormwater plan, greatly reduced light pollution after hours, and eliminates the residential component.

        • Staff report: The staff report states that there has been several communications about the intensity of the land use next to the Baker portion of the Haskell-Baker wetlands, including some regarding the Douglas County Open Space. Currently there are no dark sky policies in Douglas County and the developer has to go through several permitting processes to be able to break ground.

          1. • Baker Wetlands, as a preserved area, would be impacted as it is downstream from other located west of E. 1350 Road/Michigan Street extended.

7. How will the proposed amendment advance the interests of the citizens of Lawrence and Douglas County as a whole? 

   • 1. • Developer response: Lawrence is right for such a regional sports and entertainment district. The planned multi-sport facility, stadium, and golf entertainment will have a positive significant economic impact from those traveling to Lawrence to use them. Coupled with the forthcoming west Lawrence attractions, Lawrence will become an even bigger weekend destination. 

        • Staff report: The staff report makes no judgement on whether this proposed amendment advances the interests of the citizens of Lawrence and Douglas County. In fact, the staff report specifically states that this is a very pointed amendment that was previously approved because it was a mixed use development that created it's own neighborhood boundaries. The current plan amendment does no such thing. Additionally the staff report comments on how the plan amendment might not align with current policies.

          1. • The proposed request reflects a specific development intent with intensive commercial and high-density residential land use designations proposed south of the intersection of Kansas Highway 10 and east of Highway 59. The proposed request affects the broader plan by the addition of high-density residential land use as a land use designation, within the plan boundary and at a generalized location. Previous comprehensive plan amendment recommendations were for approval based on the provision of a mix of commercial uses and including a range of residential development organized in a neighborhood unit.

             • Open space uses continue to be significant resources discussed in Plan 2040 and The Revised Southern Development Plan. The city’s participation in the Federal Emergency Management Agency (FEMA) program that includes the protection of the designated regulatory floodplain has a direct impact on the community insurance rating. The regulatory floodplain, as a sensitive land area/land use, must continue to be protected.