Consultants present zoning and land-use diagnostic; commissioners debate future land-use map, infrastructure rules and data-center policy

Consultants from Clarion Associates delivered a diagnostic review of Douglas County’s zoning and subdivision regulations at the July 15 County Commission meeting that the consultants described as a point-in-time assessment and a roadmap for potential code updates.

Elizabeth Garvin of Clarion said the review identifies five focus areas for improvement: strengthening the future land-use policy framework, aligning development with infrastructure and service capacity, updating zoning and development standards, improving development-review procedures and interagency coordination, and making the regulations more user-friendly. "This review does not amend or adopt or otherwise change the existing regulations," Garvin said. "It's the beginning of a conversation."

Gabby Hart, a principal with Clarion Associates, said the report recommends exploring a future land-use map tailored to the unincorporated area to provide clearer guidance on appropriate growth locations and intensities. The consultants emphasized that such a map would help staff, property owners and decision makers by making expectations more predictable and reducing ad-hoc use of conditional permits.

Commissioners pressed Clarion and staff on implementation priorities. Clarion recommended a phased approach: address urgent, narrowly scoped fixes first while beginning more complex mapping and coordinated infrastructure work. Commissioners raised concerns about how new rules would affect existing businesses on gravel roads; Clarion noted that code updates typically do not displace legal, existing uses but can change future allowances and suggested mitigation strategies for transition.

The session included a discussion about data centers and related moratoria. A member of the public noted the City of Lawrence had adopted a two-year moratorium on data centers. County staff clarified that Douglas County’s current code does not identify data centers as an allowed use and thus there is presently no process to accept such applications. A staff member summarized: "Our current code does not allow for data centers. Full stop." Consultants and staff recommended additional research and public engagement before drafting prohibitions or allowing new uses, and commissioners asked staff to return with more information and to schedule a focused work session within the next two to three months to set priorities for drafting code updates.

Zoning and codes staff and commissioners agreed to follow up with a work session to identify triage priorities and to use the diagnostic to scope a future code-update contract. The commission did not take regulatory action at the July 15 meeting; the diagnostic will inform subsequent policy and drafting steps.