Conditional zoning OK’d for some properties

Douglas County commissioners say they added a tool to the county’s toolbox Wednesday night when considering zoning regulations.

Over some objections, commissioners unanimously approved a policy that would allow for conditional zoning on certain properties.

The move allows the commission to restrict how a piece of property can be used if a certain proposal for the land does not fall under the county’s specific zoning classifications.

“I don’t see it as being unfair, dangerous or illegal,” Commissioner Jim Flory said. “I’m convinced that in our regulations we should have this little safety valve.”

In June, commissioners had asked planning staffers to look into changing county zoning regulations during discussions about a 59-acre rezoning request from Rockwall Farms LC to build a corporate retreat between Lawrence and Lecompton.

Commissioners have tabled the request for now on the $6 million to $10 million project, known as The Woods, amid their conversations about zoning regulations. The development group had initially asked commissioners to rezone the property as a general business district, and project representatives have said they would be unable to secure financing for it with a conditional-use permit.

Commissioners were concerned in June that if they zoned the property as a general business district, it could open the door for unintended uses at the property in the future.

For one, commissioners asked if conditional zoning was an option, and county counselor Evan Ice said the commission had the legal authority to do so.

The League of Woman Voters of Lawrence-Douglas County objected to conditional zoning, saying it could grant favoritism to applicants, among other reasons. Linda Finger, the county’s planning resource coordinator, also said she had concerns about conditional zoning and preferred to work with conditional-use permits.

But Flory said he believed conditional zoning would only apply to unique situations every few years.

Matthew Gough, an attorney representing Rockwall Farms LC, said his clients supported the county creating a conditional zoning classification.

Commissioners have also asked planning staff members to look into creating a new zoning district for “conference, retreat, recreational, tourism or agri-tourism and heritage sites.”

Commissioners will consider approving the specific project, The Woods, at a later date.