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AN ORDINANCE REZONING THE PROPERTY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF, LOCATED AT 5844 DAHLIA STREET, COMMERCE CITY, COLORADO, FROM I-2 TO C-3 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 existing property is approximately 4,500 square feet, which is smaller than the minimum 50,000 square foot lot size required by the Land Development Code (LDC) for the I-2 zone district. The proposed zone change will bring the property closer into conformity with the minimum lot size required by the C-3 zone district (8,000 square feet). The LDC does not restrict development on existing non-conforming lots so long as the development occurs in accordance with the underlying zone district or obtains a variance from the Board of Adjustment. The Board of Adjustment granted a 7-foot side setback variance (from 10 feet to 3 feet) to fit the proposed retail building. The zone change also ensures that inappropriately intense industrial uses do not occur on such a small and highly visible property along a growing commercial corridor.
The applicant's proposed development is for a 1,218 square foot retail marijuana store, which is allowed by right in the C-3 zone district. Marijuana uses are subject to the licensing process administered by the city clerk, which includes a separate public hearing. The building is located near the front of the site, close to Dahlia Street, with parking in the rear accessed from East 58th Place. The site will meet all other applicable requirements of the C-3 zone district, including the bulk standards, parking standards, commercial design standards, and landscape standards.
Overall, staff and the Planning Commission recognize that while downzoning industrial properties is generally not encouraged, the size and location of the subject property makes it more suitable for commercial rather than industrial development. The zone chan...
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