Title
Land Development Code Update
Body
Summary & Background
Background:
The City is currently in the process of updating the Land Development Code, which includes the zoning and subdivision regulations for the City. For the last two years, Kendig Keast Collaborative, the consultant for the Land Development Code (LDC) update has been working with staff and City Council to receive direction and edits on the draft code. Council last reviewed the draft code sections on June 10, 2024. This was review of Module 2 and 3.
The goals for the Commerce City Land Development Code (LDC) update are as follows:
Ø Modernize the development code
Ø Implement existing plans including the policies and objectives of the Comprehensive Plan
Ø Organize the regulations into a simplified, logical code
Ø Tailor the development standards to achieve quality, resilient outcomes
Ø Streamline the review procedures to be more clear, illustrated, less time-intensive
Ø Create a more user-friendly development code, including more graphics and tables.
Kendig Keast Collaborative will be present on January 27, 2025, to present an update and overview of the LDC update to the City Council in a Study Session with a focus on modules that City Council has not been briefed on including the establishment of zone districts and updated review procedures. The following is a summary of some of the topics that will be discussed.
Development Review Procedure changes:
Some notable proposed changes to the Development Review Procedures are as follows:
• Use By Permits will be replaced with Limited Use Permits and would no longer go to the Board of Adjustment for approval.
Limited uses are a subset of permitted uses within a zone district that will be subject to specific design or operational standards that must be met for the use to be allowed. The standards are specified in the code, providing a more predictable outcome rather than relying on negotiation on a case-by-case basis.
Because the use standards are documented in the code, development must demonstrate compliance with these standards prior to approval. As such, the draft code proposes processing Limited Use Permits administratively. If a proposed use does not or cannot meet the standards, it would not be allowed.
Limited uses streamline the process for more straightforward land uses that can be adequately mitigated through a set of consistent standards for that use regardless of location.
The code will still have certain uses that require a Conditional Use Permit. Conditional uses are generally uses that may be permitted within a zone district, but due to certain operational aspects of the use, the use may have impacts to adjacent properties unless adequately mitigated. Potential impacts often vary depending on the specific proposal and locational factors. Given that adequate mitigation might depend on factors specific to the proposed development, the use warrants additional scrutiny and vetting in a public manner. Conditional Use Permits will still be subject to recommendation by Planning Commission and final approval by City Council. Both Limited Use Permits and Conditional Use Permits are proposed to run with the land.
Examples of Limited uses include:
Places of Worship in residential zone districts
Day Care Uses
Doggy Day Care in Commercial
Car Washs
Community Garden
Brewpubs in Commercial zone districts
Fuel Sales
Marijuana Use
Vehicle Servicing minor in Commercial zone district/major in industrial zone districts
Above Ground Storage Tanks
Self Storage
Outdoor Storage in Industrial
Examples of Conditional Uses Include:
Above Ground Storage Tanks greater than 48,000 gallons
Electric Substations
Major Utilities
Hazardous Waste Collection
Landfill Disposal Site
Vehicle Sales greater than 3 acres
Standalone commercial parking lots in Commercial Zones
• Introduction of the Preliminary Plat application type. A Preliminary Plat shows the layout of lots, streets, and public spaces for future development. It is accompanied by preliminary engineering that allows the City to review the proposal at an early stage to determine compliance with the standards in the LDC as well as the review of the application for the feasibility of the design. The Preliminary Plat would be forwarded to the Planning Commission for recommendation and to the City Council for action earlier in the development process in exchange for eliminating the option of the Council calling up Final Plats. The development community supports this change because it takes away the uncertainty from the Final Plat process when costly final engineering design of construction plans has occurred, while at the same time allowing for public review of the proposal earlier in the process before significant expense is incurred and it is harder to change the design. The Final Plat would be required to conform to the approved Preliminary Plat.
• The draft code is proposing the introduction a new application type, the Master Development Plan. The Master Development Plan woudl be required for larger developments. The main purpose of this application is developer an overall development framework for larger, phased developments, and mixed-use developments. The Master Development Plan shows how different filings of a subdivision coordinate on a residential development plan. For a mixed-use development the Master Development Plan shows the layout of streets, block patterns and land uses. The Master Development Plans would be subject to Planning Commission recommendation and City Council approval. This new development plan supports the movement away from PUDs to conventional zoning.
Next Steps:
The LDC as currently drafted is in a rough draft format. Staff is working with the consultant team to refine the draft code into a public draft. Our next steps will be to work with the consultant to create the public draft of the LDC and launch the draft LDC on the City’s website. We will use the web page in conjunction in person and virtual opportunities to engage with the public, the development community, and our government partners on the draft code.
There will be a follow-up joint City Council/Planning Commission Study Session on April 14, 2025 to discuss input received through the public engagement process and ask for feedback on the draft code from Planning Commissioners and Council Members prior to advancing the code for adoption. Public Hearings before Planning Commission and City Council on the draft LDC are planned for the summer. Following adoption of the code, a legislative rezoning effort to rezone parts of the City to the new zone districts in the LDC will begin in the fall with public outreach and outreach to property owners.
Staff Responsible: Jeff Brasel, Community Development Director
Staff Presenting: Heather Vidlock, Planning Manager
Financial Impact: N/A
Funding Source: N/A
Actions:
Provide feedback on the Zone Districts and Development Review Procedures
Attachment 1 - Draft LDC Table of Contents
Attachment 2 - Draft LDC Zone District Descriptions and Character Area Map
Attachment 3 - Presentation Boards