Title
AN ORDINANCE AMENDING ORDINANCE Z-692-98 TO REZONE 4.99 ACRES FROM AG (AGRICULTURAL) TO C-3 (REGIONAL COMMERCIAL DISTRICT) FOR THE PROPERTY LOCATED AT APPROXIMATELY 12500 EAST 104TH AVENUE, COMMERCE CITY, COLORADO AND AMENDING THE ZONING MAP OF THE CITY OF COMMERCE CITY, COLORADO TO REFLECT SAID REZONING.
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Summary and Background Information:
The applicant, Nativity Lutheran Church is requesting the approval of a zone change from AG Agricultural to C-3 Regional Commercial District. The zone change to a commercial district will allow the property to develop in a manner consistent with the surrounding properties. Additionally, the applicant intends to lease a portion of the property in order to construct a concealed telecommunication tower in the rear of the property.
The Planning Commission has recognized that the proposed zone change and proposed use are consistent with the Comprehensive Plan, will not negatively impact surrounding properties, and will have the potential to positively improve the character of the neighborhood.
Pursuant to Section 21-3232(5)(b) of the Land Development Code, a rezoning application may be approved if all of the following criteria are met:
(i) The proposed zone district and allowed uses are consistent with the policies and goals of the comprehensive plan, any applicable adopted area plan, or community plan of the city;
(ii) The proposed zone district and allowed uses are compatible with proposed development, surrounding land uses and the natural environment;
(iii) The proposed zone district will have, or future development can provide, efficient and adequate provision of public services, including but not limited to, water, sewerage, streets, and drainage;
(iv) The proposed zone district will have, or future development can provide, efficient and adequate provision of public uses including but not limited to, parks, schools, and open space;
(v) There is a community need for the zoning district in the proposed location, given need to provide or maintain a proper mix of uses both within the city and the immediate area of the proposed use; and
(vi) The area for which zone change is requested has changed or is changing to such a degree that it is in the public interest to allow a new use or density.
Staff Responsible (Department Head): Jason Rogers, Community Development Director
Staff Member Presenting: Brayan Marin, City Planner
Financial Impact: N/A
Funding Source: N/A
Staff Recommendation:
On July 1, 2020, the Planning Commission held a public hearing, took testimony, and voted (5 to 0) to forward the zone change request to City Council with a recommendation for approval, subject to the findings of fact.
Suggested Motions:
1) I move to accept the findings and recommendations of the Planning Commission in Case Z-692.
2) I move that the City Council enter a finding that the requested Zoning for the subject property contained in case Z-692-98-20 meets the criteria of the Land Development Code and, based upon such finding, introduce and approve ordinance Z-692-98-20 on first reading.