Developing in Commerce City

Annexation is the legal process allowing property located in an unincorporated area of Adams County to become part of Commerce City. The property must be “contiguous to” (next to and touching) existing Commerce City boundary lines to qualify for annexation. The property is considered within the boundary of the city limits once annexation is complete. After annexation, a property also becomes subject to the city's municipal code and other local regulations.

In general, the proposed property must be within the Commerce City Urban Growth Boundary and comply with the Commerce City Comprehensive Plan. At least one-sixth of the perimeter of the area proposed to be annexed must be contiguous with the existing city limits.

Most annexations take 4 to 6 months to complete, but this time frame can vary with unique circumstances. A property must be zoned within 90 days of its annexation. Depending on the location of the property, the applicant may also need to join one of the city’s General Improvement Districts (GIDs). If applicable, city staff will help to explain the process and associated fees with this concurrent request.

Includes: Zone Changes, PUDs, Concept Plans and Land Use Plan Amendments

Zoning is the division of the city into areas (or zones) which specify allowable uses for real property and size restrictions for buildings within these areas. The purpose of zoning is to designate selected land uses and building requirements to appropriate areas in the community in order to:

• Prevent incompatible uses
• Insure coordination of infrastructure services
• Protect quality of life
• Direct, manage and control growth

To verify the zoning and the allowable uses for a particular property in the city you are able to request a Zoning Verification Letter. In order to request a letter, you will need to visit c3gov.com/etrakit and go to our online portal. Once you have logged in you will need to Apply for a New Project. Use the drop down box to select Zoning Verification Letter. For questions or issues submitting please contact the Planner of the Day.

Zone Change

If a proposed use of land or building development does not comply with the current zoning for that parcel, a rezoning or zone change is required to alter the city’s official zoning map. Zone changes include annexation zoning, zoning amendments, zoning condition review and zoning condition amendments. When the proposed rezoning does not match the city’s Comprehensive Plan, the zone change request includes a Land Use Plan Amendment.

The city is authorized to impose on a zone change approval any conditions necessary in order to carry out the general purpose and intent of the Land Development Code (LDC) or Comprehensive Plan. If granted, zone changes run with the land and are in effect for the life of the property, regardless of ownership (unlike Conditional Use Permits or Uses-by-Permit, which are granted to the applicant only).

Planned Unit Development (PUD) Zoning

PUD zoning is an alternate development tool for projects that propose a creative and innovative solution with a layout that is not achievable by the standards under which a property is currently zoned. This type of zoning shall be reserved only for developments demonstrating a unique and efficient use of the land and where typical zoning standards would prevent a positive development for the community. A reduction or modification of setbacks, bulk regulations, additional signage, or amendment of land uses shall not be the sole justification for a Planned Unit Development.

Concept Plan

The Concept Plan review process evaluates conceptual site development options at an early stage. This allows the applicant to “test” development options, get comments from the city and identify constraints and opportunities before investing in the creation of detailed plans and engineering. This approach may assist in developing a concept that can continue through subsequent processes more quickly by determining early on whether the plan meets the city’s goals and requirements. It will also help determine a final site plan and identify any additional regulatory processes required prior to development.

Future Land Use Plan/Comprehensive Plan Amendment

Amendments may be requested to change Future Land Use Plan designations in the city. Land Use Plan Amendments are processed when a change in the City’s Comprehensive Plan is proposed to allow a desired use of a property that is not allowed under the current land use zone for the property. There are two types of amendments: Major and Minor (properties that are fewer than 8-acres in size).

Includes: Final Plats, Sketch Plats, Lot Line Adjustments, Common Wall Subdivisions, Recording info

A subdivision (sometimes called a plat) is the process by which property is divided or consolidated in order to legally create lots, tracts or parcels.
 
Residential Lots per Filing Limit due to COVID-19
With the increase in residential development activity in the city and to ensure that there is adequate time to thoroughly evaluate plat documents, it is necessary to limit the number of lots included within each residential filing.
 
Different types of plats include:

Final Plats

A final plat provides a permanent and accurate record of the exact size and location of the lots, blocks, streets, drainage areas, easements and other parcels of land within a subdivision. When filed with the county clerk and recorder, a final plat becomes the legal instrument whereby the location and boundaries of separate land parcels within the subdivision are identified.

Sketch Plats

A sketch plat is a generalized land use plan for, and layout of, an area proposed to be included within a subdivision. This is an optional step for small subdivisions, but a required step for any subdivision plat greater than 20 lots. This process provides an early, informal evaluation of a proposed subdivision before substantial expenses have been incurred. A sketch plat provides city staff and the applicant with an opportunity to determine the development’s conformance with the Comprehensive Plan and the requirements of the Land Development Code and assists the applicant with the preparation of a final plat.

Common Wall Subdivisions

The city’s Land Development Code allows for new and existing duplexes and townhomes to be subdivided along a common, or party, wall. A common wall subdivision allows for individual fee simple ownership of each half of a duplex or each townhome unit. This means the owner owns their portion of the structure as well as the ground beneath it. This process differs from a Condo Plat (only offered by the County) that allows for ownership of only the portion of the structure but not ownership of the ground beneath it.

Approval of a common wall subdivision is contingent upon the structure meeting additional building code requirements. Prior to hiring a surveyor to prepare the plat, it is imperative to discuss with the Commerce City Building Safety Division whether the potential subdivision of the subject building is possible.

Recording

After approval, but prior to the map or subdivision plat being recorded with the county, please contact the city to obtain the current electronic data format requirements. Applicants must provide a series of documents to the city. Commerce City will then file the information with the Adams County Clerk and Recorder's Office.

Includes: Landscape Plans

A Development Plan or PUD Development Permit is required prior to the submittal of a building permit for the following types of development:

• Any commercial or industrial development on vacant property
• Commercial/industrial additions of at least 5,000 square feet or comprising more than 50 percent of the floor area of an existing building
• Any multi-family dwelling
• Any mobile home park
• Any development where more than one principle building will be on a single lot
• Any development intended for a combination of residential and non-residential uses
• Any civic or institutional use, except range lands, public lands, parks or minor public utilities
• Any substantial change in use of a property that results in special or unique circumstances as determined by the city

 
The length of time to process a Development Plan or PUD Development Permit can vary depending on the complexity of the request, the size of the development, whether or not the development is part of other requests and if there are unique circumstances.

Development Plans: Three Main Components

1. Site plan (including layout, square footage, exact location and dimensions of buildings, fences, parking, etc.)
2. Building elevations
3. Landscape plan

Includes: Variances, Height Exceptions, Outdoor Storage and Floodplain permits, Master Model Elevation Review, Minor Modifications, Neighborhood Meetings.

Variances

On occasion, there are unique circumstances on a specific property that make the strict application of the bulk standards in the Land Development Code (LDC) or PUD unfeasible. The variance process is intended to provide flexibility for these unique situations.

Height Exceptions

Each zoning district classification identifies a maximum height for structures. On occasion, unique situations make the strict application of the Land Development Code (LDC) inappropriate or unachievable. The height exception process is intended to provide some flexibility for these unique situations. Please note that the height exception process is for structures that are directly related to primary operations on a site that surpass the zoning district’s maximum allowable height. Extended heights for fences, outdoor storage, and accessory structures are processed using the traditional height exception application.

Minor Modification

This process provides a way to change a previous land use approval and may be processed as a concurrent review with development plans, building permits, and subdivision plats. In order to save the applicant time and also ensure zoning objectives are met, the city has determined that some minor exceptions to code requirements may be processed by administrative review. The development subject to minor modification involves small percentages or dimensions and may be for residential, commercial or industrial projects.

The following deviations from the city’s general standards or approved PUD zone documents are considered minor modifications:

• Up to 20% of any minimum or maximum standard
• Additional one foot of fence height
• Up to 50% of the minimum fence setback
• A screen fence instead of an open style fence
• A reduction to the Floor Area Ratio requirement

Master Model Elevation Review

The Planning Division reviews Master Model Elevations to ensure compliance with any Planned Unit Development (PUD) requirements, the requirements for single-family detached residential construction found in Article VII of the Land Development Code (LDC), and the proposed Master Model Elevation’s compatibility with existing homes in the development.

Neighborhood Meetings

Commerce City promotes citizen participation in the development review process. The city encourages neighborhood meetings between resident groups, developers and the public, especially when development may have significant impact on a surrounding area.

Neighborhood meetings may be held for: annexations, zone changes, subdivisions, planned unit developments (PUD), development plans, uses-by-permit, conditional use permits or master model reviews. These meetings provide an opportunity for the applicant to interact with the residents of the neighborhood and community.

Outdoor Storage Permits

This process allows the issue of outdoor storage permits for specific properties in some industrial-zoned districts. All properties zoned I-1, which are not identified for Outdoor Storage Permits, are prohibited from using the property for outdoor storage. Properties zoned I-2 and I-3 are permitted to have outdoor storage as a use-by-right in accordance with the Land Development Code (Sec. 21-5254) requirements for outdoor storage.

Floodplain Permits

On rare occasions, the city may grant a permit to build structures or store materials in a designated floodplain. The City is authorized to impose any condition(s) on the approval of a Floodplain Development Permit that are necessary in order to carry out the general purpose and intent of the Land Development Code (LDC) or the Comprehensive Plan.

Telecommunications

Special standards and processes apply to the addition of telecommunications facilities (such as antennas and cell towers) to properties within the city. City regulations manage what type of facilities are installed, allowable locations and design standards for each type.

Severed Mineral Rights

If the mineral rights on a property are not owned by the party proposing the development, the applicant must notify the owner(s) of severed mineral interests of the proposed development.

Derby Downtown District

Properties in Derby are subject to different design standards and approval processes through the Derby Review Board. Visit the Derby page for more on developing in the district.

Includes: Conditional Use Permits, Use-by-permits, Condition Compliance, Marijuana Uses

A special use permit authorizes land uses that are allowed only with additional oversight and regulation within the applicable zoning district.

Use-by-Permit

An approved Use-by-Permit allows for certain uses that typically have a greater potential for impacts to the surrounding area than a Use-by-Right in the same zone district. A Use-by-Permit is granted to a specific applicant for a specific use at a specific location and cannot be transferred to subsequent owners or operators, nor may it be carried over to a new property. The final approval or denial of a Use-by-Permit is determined by the Board of Adjustment at a public hearing.

Conditional Use Permit

An approved Conditional Use Permit (CUP) allows for uses that have the potential to uniquely or intensely impact the environment, surrounding properties or the general public. The CUP process provides the opportunity to review the location, design, configuration and potential impacts of the proposed use on the surrounding area. A CUP is granted to a specific applicant for a specific use at a specific location and cannot be transferred to subsequent owners or operators, nor may it be “carried over” to a new property. The ultimate approval or denial of a CUP application is determined by city council at a public hearing the month following a planning commission hearing.

Condition Compliance

The city is authorized through the Land Development Code (LDC) to attach conditions to any land use approval. On occasion, these conditions of approval require a compliance check-in or renewal of approval. For Example: “This Conditional Use Permit shall expire on January 1, 2022. If the applicant wishes to operate the facility after that date, the applicant is required to renew this Conditional Use Permit.”

Marijuana Uses

The city has adopted a new licensing program for both medical and retail marijuana businesses and amended its land development, building, and fire codes to support safe and thoughtful marijuana regulation. To operate legally, marijuana businesses will need to follow the city’s regulations as well as those of the state.

Sec. 21-11200 of the Land Development Code defines nine Marijuana Business License types: Medical Marijuana Center, Optional Premises Cultivation Operation, Medical Marijuana-Infused Products Manufacturer, Retail Marijuana Store, Retail Marijuana Cultivation Facility, Retail Marijuana Products Manufacturer, and Retail Marijuana Testing Facility.

• Marijuana Licensing is managed through the City Clerk’s Office and is a good place to start your inquiry about marijuana businesses.
• As part of the licensing process, a Zoning Report is required to verify that a specific property meets the required separation distances.
• Zoning Reports for Marijuana Business are processed by the Planning Division of the Community Development Department.
• Building Permit reviews are processed by the Building Division of the Community Development Department.