Land Use Board recommends mixed-use zoning for 38 Love's Lane to allow USDA office lease

The Livingston City Land Use Board voted 4-0 on May 14 to recommend that the City Commission assign a mixed-use zoning designation to the parcel at 38 Love's Lane, an annexed property proposed to be leased to the U.S. Department of Agriculture (USDA).

City planner Jennifer summarized the staff report, saying the property, which was outside city limits prior to annexation, must be zoned within 90 days of annexation and that staff proposes the mixed-use district because surrounding parcels include residential, highway commercial and existing mixed-use zoning. "Government entities are not subject to our zoning regulations. So that is a very important distinction, and I apologize for the confusion," Jennifer said, explaining the USDA would lease the site from Laterra Partners rather than own it directly.

The recommendation matters because an office use for the USDA would be permitted by right in the mixed-use district, avoiding a separate special-use process. Jennifer told the board that the proposed office will trigger administrative site plan review once a formal development application is submitted — in part because the building is expected to exceed thresholds for commercial area and parking. "We know that they are going to trigger the need for a traffic impact study and analysis, because they will generate more than a 50 total trips," Jennifer said, describing the traffic review that will analyze turning movements, levels of service at nearby intersections and any required off-site improvements.

During board questions members asked where access would be located and whether existing utilities are close enough for hookup. Jennifer said utilities come almost to the property and that the property owner will pay to extend and size lines as required: the owner is responsible for installing sewer and water connections and meeting city standards. She also said some site-specific improvements (for fire access, road width and other conditions) may be required during site plan review, but clarified that the board cannot attach conditions to a zoning map amendment itself.

Jennifer noted the staff will return with an application for the city's gateway overlay district if the parcel is confirmed as commercially owned and the board pursues design standards for frontage and pedestrian connections. She also corrected an earlier description in the staff report: Tierra Yoch (property owner) is under contract to sell to Laterra Partners, which will lease to the USDA; the USDA is not buying the property.

Board member Frank moved to follow the city's recommendation to change the zoning to mixed-use; a board member seconded the motion. The board then voted Frank: yes; John: yes; Forrest: yes; Jesse Wilcox (chair): yes. The motion passed 4-0, and the Land Use Board's recommendation will be forwarded to the City Commission for final action.

Next steps include a formal site plan application from the property owner or lessee that will trigger traffic and infrastructure reviews and any required public notifications at the City Commission stage.