CITY OF GRAND JUNCTION, COLORADO
ORDINANCE NO. 4403
AN ORDINANCE ZONING THE 7TH STREET HISTORIC RESIDENTIAL DISTRICT PLANNED RESIDENTIAL DEVELOPMENT BY APPROVING A LIST OF USES WITH A DEFAULT R-8 (RESIDENTIAL-8) ZONE
Recitals:
After thorough review, deliberation and consideration the City Council of the City of Grand Junction has determined that the existing Planned Development zone created by Ordinance No. 2211 be repealed.
Upon repeal of the existing zoning the approximately 6.63 +/- acres shall be rezoned Planned Residential Development – 7th Street by approval of a Development Plan (Plan) with a default R-8 zone, including deviations from the default zoning, all in accordance with the Zoning and Development Code (Code) and this Ordinance. This Ordinance shall constitute the Development Plan (“Plan”) for the properties described herein.
The Planned Residential Development – 7th Street district is intended to apply to mixed-use or unique single use applications and to provide design flexibility not available through strict application and interpretation of the standards established in the Code. The planned development zoning imposes any and all regulations applicable to the land as stated in this ordinance. Planned development rezoning is appropriate because long-term community benefits that may be achieved through high quality development will be derived.
This Planned Residential Development – 7th Street zoning ordinance establishes the current, lawful uses, the development application processes and standards, default zoning (R-8) and deviations and adopts the Plan for the 7th Street Historic Residential District Properties. If this ordinance becomes invalid for any reason, the Properties shall be fully subject to the default standards of the R-8 zone district.
In public hearings, the City Council has reviewed the need for a Plan for the Properties. The content of the Plan, which is established by this ordinance, is consistent with and satisfies the criteria of the Code and is premised on the purpose and intent of the Growth Plan and the Comprehensive Plan.
Furthermore, the City Council has determined that the proposed Plan achieves long-term community benefits by assuring a consistent, high level review by elected officials of development patterns in a unique neighborhood in the City. Review at the highest level will afford the highest quality development consistent with the needs and desires of the community.
Through the Plan the City Council will act to establish, provide and protect long-term community benefits as the Council sees fit. Those benefits are assured by the Plan’s recognition and continuation of a mix of stable housing with other uses in close proximity to Downtown. Through the Plan the Council will encourage innovative use of unique buildings and properties. The Plan demonstrates that single family, multi-family and high intensity uses like the day care center and two large churches are compatible.
The Council’s Plan promotes traditional neighborhood development; the Plan demonstrates that for uses to be compatible they do not have to be the same. In a traditional neighborhood development pattern stores, shops and homes are within walking distance, front porches are a predominate feature of the homes, garages are located off alleys and streets connect from block to block. Traditional neighborhood development generally respects existing scale and proportion, residences over trade uses are not uncommon, the neighborhood has a close relationship to the street, which reinforces the continuity of a townscape, different uses exist and are mixed, both horizontally and vertically, and intrusiveness from parking is ideally minimized. Traditional neighborhood development provides an attractive and welcoming sense of place.
In addition to the community deriving benefit from the Plan, the Council reasonably found that growth and development trends, especially in the Downtown area, support planned development zoning, that the Planned Development zoning is not otherwise available in the central part of the City and that there are adequate facilities and infrastructure to support the zoning of the area.
To affirm the current, lawful uses that constitute the foundation of the Plan, the City has carefully inventoried the 7th Street Historic Residential District Properties. The inventory for each property includes an aerial photograph, a three dimensional view of each property using the City’s pictometery system, a review of the Mesa County Assessor’s records which confirms the square footage and design of each structure on each property and a written inventory sent to each property owner of record confirming the use of the property. In general the Plan is founded on recording the uses of each of the 7th Street Historic Residential District Properties as they exist at a point in time but the Plan is not intended to preclude new or different uses.
Applications for a new or different use (“a change of use”) or a new or different configuration of a lot or lots (“a boundary adjustment or re-subdivision”) or a new or different structure, accessory structure or fence (“a construction permit”) will be decided by the City Council after review and a recommendation by City staff. The staff recommendation will consist of a recommendation of approval, a recommendation of denial or a recommendation of approval with conditions.
City Council will determine the propriety of any change of use, boundary adjustment or re-subdivision or application for a construction permit, following adoption of this Ordinance, by reference to the City’s Comprehensive Plan, by reference to the R-8 zone district standards (although those standards shall not serve as a sole basis for denial or approval of an application but instead a frame of reference) and as determined necessary by a majority of the City Council a review and recommendation from the City’s Historic Preservation Board and/or the City Planning Commission. The City Council shall be the decision maker vested with sole and exclusive authority. The City Council shall state with reasonable particularity the reasons for any development application that it approves.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND JUNCTION THAT THE CURRENT PLANNED DEVELOPMENT ZONE IS REPEALED AND THAT FOR THE AREA DESCRIBED BELOW WITH THE FOLLOWING STANDARDS, DEFAULT ZONE AND DEVIATIONS SHALL APPLY:
That Ordinance No. 2211 is hereby repealed. Furthermore, be it ordained that the properties within the District described as:
Lots 11 through 21, inclusive, Block 39;
Lots 1 through 11, inclusive, Block 40;
Lots 1 through 11, inclusive, Block 49;
Lots 11 through 21, inclusive, Block 50;
Lots 11 through 20, inclusive, Block 61;
Lots 1 through 10, inclusive, Block 62;
Lots 1 through 12, +W19 ft. of lot 13, inclusive, Block 71;
Lots 11 through 21, inclusive Block 72;
shall be zoned Planned Residential Development with a list of approved uses and with R-8 being established as the default zone except that the default zone shall not be used solely as a basis for denial or approval of an application.
The use, bulk, development, improvement and other standards for the Planned Residential Development established by this ordinance shall be derived from the R-8 underlying Zoning, as defined in Chapter Three of the Code. The Director shall initially determine whether the character of any proposed development application is consistent with the R-8 zoning. The R-8 zone shall be used as a point of reference by the Director and the City Council when reviewing any application; however, the R-8 use matrix shall not be used solely as a basis for denial or approval of an application.
As determined necessary by a majority of the City Council, the City Council may refer an application, after it has been reviewed by the Director and prior to a decision by the City Council, to the City’s Historic Preservation Board and/or the City Planning Commission.
Deviations from any of the default zoning standards may be approved as provided in this ordinance and shall be explicitly stated in the zoning/rezoning ordinance allowing for the development.
If this ordinance becomes invalid for any reason, the Property shall be fully subject to the default standards.
Introduced on first reading this 20th day of January 2010 and authorized the publication in pamphlet form.
Passed and adopted on second reading the 17th day of February 2010 and authorized the publication in pamphlet form.
/s/ Bruce Hill
President of the City Council
ATTEST:
/s/ Stephanie Tuin
City Clerk