Clarion diagnostic urges Douglas County to map future land use, set infrastructure standards and modernize zoning

Clarion Associates presented a diagnostic review of Douglas County’s zoning and subdivision regulations at the Board of Douglas County Commissioners’ July 15 meeting, urging the county to develop a future land‑use framework and clearer infrastructure standards before drafting regulatory changes.

Consultant Elizabeth Garvin told the commission the document is “the beginning of a conversation,” not a set of regulatory changes, and is intended to diagnose weaknesses in the county’s current code and identify options for improvement. “This review does not amend or adopt or otherwise change the existing regulations,” she said.

The consultants recommended five focus areas: strengthening the policy framework by creating a future land‑use map specific to unincorporated areas; aligning development with infrastructure and service capacity through standards that require applicants to demonstrate adequate roads, drainage, water and emergency services; updating zoning, development standards and subdivision rules; improving development‑review procedures and interagency coordination; and making the code more user friendly with consolidated provisions, clearer definitions and graphics.

Gabby Hart, a principal with Clarion, said a future land‑use map would give property owners and staff greater predictability and reduce ad‑hoc decisions: “A more detailed future land‑use framework could provide clear direction about the types and intensities of development that may be appropriate,” she said.

Commissioners asked how to prioritize the many recommended changes. Clarion advised a triage approach: identify urgent, small changes that would ease staff workloads and then sequence larger policy efforts. Garvin said starting with a conceptual-level future land‑use map would make subsequent code drafting more effective, because it provides the policy guideposts for zoning districts and administrative review thresholds.

Several commissioners pressed Clarion about the effects of code changes on rural gravel‑road businesses and existing nonconforming uses. The consultants said new regulations would typically govern future development rather than retroactively force existing businesses to close, though some operations could become nonconforming and limit future expansion without rezoning or special permits.

Data centers and energy storage emerged as a specific concern. Commissioners asked whether the diagnostic provided regulatory guidance for those uses. Clarion said the diagnostic intentionally avoided prescribing detailed, use‑specific regulations and noted a range of tools—such as prohibited‑use tables or size‑based thresholds—that a county might adopt after explicit policy direction. Staff clarified Douglas County’s current code does not list data centers as an allowable use in unincorporated areas, creating a de facto moratorium; the city of Lawrence, by contrast, adopted an explicit two‑year moratorium because its code previously allowed data centers.

Commissioners and staff agreed to digest the report and schedule a follow‑up work session within roughly 60–75 days to prioritize the Clarion recommendations, scope Phase 2 of the project and identify short‑term items that could be advanced quickly. Staff also said it will pursue more focused research on battery‑energy storage regulations and bring options back to the commission.

The diagnostic lists dozens of specific recommendations and options; Clarion emphasized that the county could adopt any combination of tools and that robust stakeholder engagement would be required for policy choices that affect annexation, infrastructure financing and rural character.

Next steps: the commission signaled it will convene additional work sessions and community outreach to develop a plan for phased code updates tied to the clarified policy goals from the diagnostic.