NCCAR advocates on behalf of the commercial real estate broker, taking positions (when needed within our industry) and working with those involved toward favorable results. Our government affairs committee informs and educates our membership on upcoming issues and changes to business due to new legislation or government issues. NCCAR is diligently working to stay on top of Commercial related issues that are happening within Northern Colorado. NCCAR is currently working and watching the Change of Use issue in Fort Collins. More info on this issue to come!
RECENT ADVOCACY EFFORTS BY NCCAR;
JULY 29, 2017-
The NCCAR Board is pleased to report that Fort Collins has adopted modifications to Fort Collins’ Land Use Code to improve the issues faced previously as a result of a Change of Use. These changes are, in part, a result of the Board’s ongoing effort to make the City aware of the Change of Use issue and the Board’s and Bruce Hendee’s consultation with the City in finding a solution.
The revisions related to minor changes of use, which includes an increase in the timeframe during which a discontinued legal non-conforming use would be grandfathered from one year to two years. The fundamental objective was to craft a change of use process that is not so onerous so as to discourage tenant changeover and thus perpetuate blighted conditions. Rather, it is in the public interest to allow modest incremental building and site improvements versus waiting for a major redevelopment to occur, if ever. Allowing a variety of tenants to lease older commercial buildings gives the owner more opportunities to invest in improvements. In the past, owners would hang on to under-performing tenants by being reluctant to enter into the City’s change of use process.
The land use code as modified to allow a waiver of development standards for Changes of Use by the Director in order to:
1. Foster the economic feasibility for the use, maintenance and improvement of certain legally constructed buildings and sites which do not comply with certain Land Use Code General Development Standards
a. Existing blight conditions have been ameliorated; and
b. Public and private improvements are made that address essential health and life safety issues that are present onsite.
2. Encourage the eventual upgrading of nonconforming buildings, uses and sites.
The Director may waive, or waive with conditions, any of the development standards set forth below if the Director finds that such waiver or waiver with conditions would not be detrimental to the
public good and that each of the following is satisfied:
1. The site for which the waiver or waiver with conditions is granted satisfies the policies of the applicable Council adopted subarea, corridor or neighborhood plan within which the site is located;
2. The proposed use will function without significant adverse impact upon adjacent properties and the district within which it is located in consideration of the waiver or waiver with conditions;
3. Existing blight conditions on the site are addressed through site clean-up, maintenance, screening, landscaping or some combination thereof; and
4. The site design addresses essential health and public safety concerns found on the site.
The Director may grant a waiver or waiver with conditions for the following general development standards:
1. Related to Parking Lot Perimeter and Interior Landscaping, and connecting walkways.
2. Landscaping Coverage
3. Site Lighting, except compliance with minimum footcandle levels
4. Trash and Recycling Enclosure design
5. Engineering Design standards related to water quality standard, including Low Impact Development
WITH THIS IMPORTANT ELECTION COMING UP IN THE NEXT COUPLE WEEKS, NCCAR HAS TAKEN THE POSITION TO FOLLOW THE RECOMMENDATIONS FROM THE FORT COLLINS CHAMBER OF COMMERCE.
* Provide medical marijuana education for brokers (provided by Coan, Payton & Payne)
* Working with City of Fort Collins regarding Change of Use issue
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