Commerce City planning commissioners receive primer on land development code ahead of consultant review

Commerce City Planning Manager Heather Vidlock gave the Planning Commission a detailed overview of the city’s existing Land Development Code (LDC) during a study session held as part of the commission’s regular meeting.

Vidlock said the city has hired an outside consultant to produce a proposed new code, and that the consultant will present the draft LDC to the commission on Jan. 28, followed by a public open house on Jan. 29. “What we’ve done is hire a consultant to help us with the update to the land development code,” Vidlock said. “This is the as is code.”

The presentation laid out the LDC’s organization and key mechanics. Vidlock summarized the code as a multi-article document that combines zoning and subdivision regulations: Article 1 (general provisions), Article 2 (administration), Article 3 (development review), Article 4 (zoning districts), Article 5 (uses and accessory structures), Article 6 (subdivision standards and public improvements), Article 7 (development and design standards), Article 8 (sign regulations), Article 9 (development fees), Article 10 (compliance and enforcement), and Article 11 (measurements and definitions). She explained the city’s tiered residential, commercial and industrial districts (R‑1 through R‑4; C‑1 through C‑3; I‑1 through I‑3), mixed use (MU) districts and the mobile home park (MHP) district.

Vidlock said a large portion of the city’s northern area is zoned PUD and that Commerce City’s practice is for many PUDs to “take the place of the zoning.” Where a PUD is silent on a particular standard, she said, the LDC still applies: “So PUDs don’t cover everything in every area…where the PUD is silent, then the land development code applies.” She told commissioners that as part of the LDC update the city may undertake a legislative rezoning to map parcels to the new zoning structure, and that some PUDs could be converted to straight zoning.

The presentation reviewed several substantive LDC components that affect development and existing properties. Vidlock explained the city’s performance standards (limits on vibration, noise, odor, dust, hazardous materials, glare and heat, etc.), use tables that show whether a use is allowed by right, requires a conditional use permit (CUP), or requires review, and supplemental regulations for specific uses such as child care or marijuana businesses.

She described nonconforming uses and structures and how they are handled: existing uses may continue but cannot be enlarged; nonconforming structures cannot be rebuilt if more than 50% damaged; and a nonconforming use that is discontinued for 180 days loses its nonconforming status. Vidlock said staff routinely issues nonconforming use letters to document status for property owners and developers.

Subdivision and public‑improvement rules were emphasized: developers must install required public improvements — sanitary and water facilities, stormwater systems, streets, curbs, gutters, sidewalks and street lighting — before lots can be sold. Vidlock noted the utility provider often owns street light infrastructure and may set technical spacing standards, while the LDC places the developer’s obligation to install them. She also summarized design standards (landscaping, architecture, materials), telecommunications standards including colocation requirements, sign regulations (which she identified as subject to Supreme Court content‑neutral restrictions), and the variety of development fees that can be assessed at permit (school impact, parks, road, water acquisition, fire, oil and gas impacts, public safety and public works fees).

Commissioners asked for clarification on how PUDs interact with the LDC and how ongoing projects will be treated during a code transition. Vidlock said projects already under way will generally be allowed to proceed under the rules in effect when they were submitted, and staff will coordinate with applicants and developers as the city transitions to the new code. She also encouraged commissioners to review the printed code binders provided and to bring questions to the consultant presentation on Jan. 28.

Vidlock closed by reminding commissioners the consultant will present the proposed code on Jan. 28 and the city will host a public open house on Jan. 29; the commission will take comments on Feb. 4 as part of ongoing study sessions.