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Wed June 17, 2009
Council approves amended zoning ordinance
By Scott Harvey
Commerce – The Commerce City Council Tuesday approved a second reading amending the city's zoning ordinance.
The amendment requires a conditional use permit (CUP) in all zoning districts, and is classified as "recreation club or area, private." This applies to any business, church, neighborhood association, fraternal or social organization. The particular entity would be required to seek approval of a CUP for use of a building, park or recreation area, the use of which is restricted to private membership or by paying customers.
The item came about when Derek Gorman, owner of the Spot Brewery Downtown, proposed using a vacant lot near his business as a congregating area for his patrons.
The city had originally been unclear of where to classify the particular request, but by adding "business" to the ordinance, every entity - regardless of the zoning district they're in - needs a conditional use permit to hold an event at a building, park or recreation area.
In a separate item, the council discussed a rezoning request from "General business" to "Corridor" by Gorman, concerning the aforementioned vacant lot next to his business. The council, however, rejected to request as Gorman was unable to provide them with a legitimate reason why he sought to change the zoning.
It was unclear between both the city and Gorman if by changing to "Corridor" there would be more or less restrictions on his property.
City Manager Dion Miller expressed concern that the applicant had no definitive reason for rezoning, and that the city needs to weigh the benefits of the rezoning in regards to the public interest.
If approved, Gorman would still be required to obtain a conditional use permit before providing additional services or having more allowances on the property.