CITY OF GRAND JUNCTION, COLORADO

ORDINANCE NO. 4672

AN ORDINANCE AMENDING SECTIONS 21.03.070(d), (e), (f), (g), (h) and 21.03.080(a), (b) OF THE ZONING AND DEVELOPMENT CODE (TITLE 21 OF THE GRAND JUNCTION MUNICIPAL CODE) REGARDING MAXIMUM BUILDING SIZE AND SETBACKS

Recitals:

This ordinance amends the Title 21 of the Grand Junction Municipal Code (known as the Zoning and Development Code), by reducing principal structure side and rear setbacks, and accessory structure side yard setbacks so they are uniform across the C-1, C-2, CSR, MU, BP, I-O and I-1 Zone Districts and eliminating maximum building size in these districts including eliminating the requirement of a conditional use permit to exceed a maximum building size in these zone districts. This allows site features and other zoning bulk standards to limit the maximum size of a building relative to the property size, and provides developers and property owners with more flexibility in the use of land without significantly compromising the purposes that underlie building size limits.

The City Council desires to maintain effective zoning and development regulations that implement the vision and goals of the Comprehensive Plan while being flexible and responsive to the community’s desires and market conditions.

The City Council has also recently developed an Economic Development Plan and desires that the zoning and development code be reviewed and amended where necessary and possible to facilitate economic development.

The amendments enhance the effectiveness of the Code and its responsiveness to changing business practices and community expectations and implement the Economic Development Plan by removing unnecessary barriers to development and business expansion and streamlining development review processes.

After public notice and a public hearing as required by the Charter and Ordinances of the City, the Grand Junction Planning Commission recommended adoption of the proposed amendments, finding the proposed amendments consistent with the vision, goals and policies of the Comprehensive Plan.

Following public notice and a public hearing as required by applicable law, the Grand Junction City Council finds and determines that the proposed amendments implement the vision, goals and policies of the Comprehensive Plan, and that they are in the best interest of the community and its citizens, and should be adopted.

NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND JUNCTION THAT:

Subsections 21.03.070(d), (e), (f), (g), (h) are amended to as follows:

21.03.070 Mixed Use Districts.

(d)  C-1: Light Commercial.

(1)  Purpose. To provide indoor retail, service and office uses requiring direct or indirect arterial street access, and business and commercial development along arterials. The C-1 district should accommodate well-designed development on sites that provide excellent transportation access, make the most efficient use of existing infrastructure and provide for orderly transitions and buffers between uses.

(2)  Street Design. Effective and efficient street design and access shall be considerations in the determination of project/district intensity.

(3)  Performance Standards.

(i)  Service Entrances. Building entrances to service yard and loading areas shall be located only in the rear and side yard.

(ii)  Outdoor Storage and Display. Outdoor storage and permanent display areas shall only be allowed in the rear half of the lot, beside or behind the principal structure except when a CUP has been issued. Portable display of retail merchandise may be permitted subject to this code.

(4)  Height*. Maximum height for structures in the C-1 and I-O zone districts which are north of G Road and east of 27 Road along Horizon Drive and north of G Road (including Crossroad Boulevard and Horizon Court) shall be 65 feet, except by special permit for additional height.

(e)  C-2: General Commercial.

(1)  Purpose. To provide for commercial activities such as repair shops, wholesale businesses, warehousing and retail sales with limited outdoor display of goods and even more limited out- door operations.

(2)  Street Design. Effective and efficient street design and access shall be considerations in the determination of project/district intensity.

(3)  Performance Standards. Outdoor storage and display areas are not allowed within the front yard setback. Permanent and portable display of retail merchandise is permitted.

(f)  CSR: Community Services and Recreation.

(1)  Purpose. To provide public and private recreational facilities, schools, fire stations, libraries, fairgrounds, and other public/institutional uses and facilities. The district would include open space areas, to prevent environmental damage to sensitive areas, and to limit development in areas where police or fire protection, protection against flooding by stormwater, or other services or utilities are not readily available. The CSR district would include outdoor recreational facilities, educational facilities, open space corridors, recreational, nonvehicular transportation, environmental areas and would be interconnected with other parks, trails and other recreational facilities. The district may also be used for public property, environmentally sensitive lands, and extractive uses (gravel pits) regardless of the land use designation.

(2)  Performance Standards. Development shall conform to the standards established in this code. Outdoor storage areas shall comply with the standards in GJMC 21.04.040(h), except those associated with extractive uses, in which case no screening shall be required for an extractive use unless required by Chapter 21.04 or 21.06 GJMC in order to buffer from neighborhood uses or zones.

(g)  M-U: Mixed Use.

(1) Purpose. To provide for a mix of light manufacturing and office park employment centers, retail, service and multifamily residential uses with appropriate screening, buffering and open space and enhancement of natural features and other amenities such as trails, shared drainage facilities, and common landscape and streetscape character.

(2)  Performance Standards. Development shall conform to the standards established in this code.

 (i)  Refer to any applicable overlay zone district and/or corridor design standards and guidelines.

(ii)  Loading/Service Areas. Loading docks and trash or other service areas shall be located only in the side or rear yards.

(iii) Vibration, Smoke, Odor, Noise, Glare, Wastes, Fire Hazards and Hazardous Materials. No person shall occupy, maintain or allow any use in an M-U district without continuously meeting the following minimum standards regarding vibration, smoke, odor, noise, glare, wastes, fire hazards and hazardous materials. Conditional use permits for uses in this district may establish higher standards and conditions.

(A) Vibration. Except during construction or as authorized by the City, an activity or operation which causes any perceptible vibration of the earth to an ordinary person on any other lot or parcel shall not be permitted.

(B) Noise. The owner and occupant shall regulate uses and activities on the property so that sound never exceeds 65 decibels at any point on the property line.

(C) Glare. Lights, spotlights, high temperature processes or otherwise, whether direct or reflected, shall not be visible from any lot, parcel or right-of-way.

(D) Solid and Liquid Waste. All solid waste, debris and garbage shall be contained within a closed and screened dumpster, refuse bin and/or trash compactor. Incineration of trash or garbage is prohibited. No sewage or liquid wastes shall be discharged or spilled on the property.

(E) Hazardous Materials. Information and materials to be used or located on the site whether on a full-time or part-time basis, that are required by the SARA Title III Community Right to Know shall be provided at the time of any City review, including the site plan. Information regarding the activity or at the time of any change of use or expansion, even for existing uses, shall be provided to the Director.

(iv) Outdoor Storage and Display. Outdoor storage shall only be located in the rear half of the lot. Permanent display areas may be located beside or behind the principal structure. For lots with double or triple frontage the side and rear yards that are to be used for permanent display areas shall be established with site plan approval. Portable display of retail merchandise may be permitted as provided in Chapter 21.04 GJMC.

(h)  BP: Business Park Mixed Use.

(1)  Purpose. To provide for a mix of light manufacturing and employment centers, limited commercial services, and multifamily residential uses in a business park setting with proper screening and buffering, all compatible with adjoining uses.

(2)  Street Design. Effective and efficient street design and access shall be considerations in the determination of project/district intensity.

(3)  Performance Standards.

(i)  Loading Docks. Loading docks shall be located only in the side or rear yards.

(ii)  Vibration, Smoke, Odor, Noise, Glare, Wastes, Fire Hazards and Hazardous Materials. No person shall occupy, maintain or allow any use in a BP district without continuously meeting the following minimum standards regarding vibration, smoke, odor, noise, glare, wastes, fire hazards and hazardous materials. Conditional use permits for uses in this district may establish higher standards and conditions.

(A) Vibration. Except during construction or as authorized by the City, an activity or operation which causes any perceptible vibration of the earth to an ordinary person on any other lot or parcel shall not be permitted.

(B) Noise. The owner and occupant shall regulate uses and activities on the property so that sound never exceeds 65 decibels at any point on the property line.

(C) Glare. Lights, spotlights, high temperature processes or otherwise, whether direct or reflected, shall not be visible from any lot, parcel or right-of-way.

(D) Solid and Liquid Waste. All solid waste, debris and garbage shall be contained within a closed and screened dumpster, refuse bin and/or trash compactor. Incineration of trash or garbage is prohibited. No sewage or liquid wastes shall be discharged or spilled on the property.

(E) Hazardous Materials. Information and materials to be used or located on the site, whether on a full-time or part-time basis, that are required by the SARA Title III Community Right to Know shall be provided at the time of any City review, including site plan. Information regarding the activity or at the time of any change of use or expansion, even for existing uses, shall be provided to the Director.

(iii) Outdoor Storage and Display. Outdoor storage shall only be located in the rear half of the lot. Permanent display areas may be located beside or behind the principal structure. For lots with double or triple frontage the side and rear yards that are to be used for permanent display areas shall be established with site plan approval. Portable display of retail merchandise may be permitted as provided in GJMC 21.04.040(h).

All other parts of Section 21.03.070 shall remain in full force and effect.

Subsections 21.03.080(a), (b) and the Mixed Use and Industrial District Summary Table at the end of Section 21.03.080 are amended to as:

21.03.080  Industrial districts.

(a)  I-O: Industrial/Office Park.

(1)  Purpose. To provide for a mix of light manufacturing uses, office park, limited retail and ser- vice uses in a business park setting with proper screening and buffering, all compatible with adjoining uses.

(2)  Street Design. Effective and efficient street design and access shall be considerations in the determination of project/district intensity.

(3)  Performance Standards.

(i)  Retail Sale Area. Areas devoted to retail sales shall not exceed 10 percent of the gross floor area of the principal structure, and 5,000 square feet on any lot or parcel.

(ii)  Loading Docks. Loading docks shall be located only in the side or rear yards.

(iii) Vibration, Smoke, Odor, Noise, Glare, Wastes, Fire Hazards and Hazardous Materials. No person shall occupy, maintain or allow any use in an I-O district without continuously meeting the following minimum standards regarding vibration, smoke, odor, noise, glare, wastes, fire hazards and hazardous materials. Conditional use permits for uses in this district may establish higher standards and conditions.

(A) Vibration. Except during construction or as authorized by the City, an activity or operation which causes any perceptible vibration of the earth to an ordinary person on any other lot or parcel shall not be permitted.

(B) Noise. The owner and occupant shall regulate uses and activities on the property so that sound never exceeds 65 decibels at any point on the property line.

(C) Glare. Lights, spotlights, high temperature processes or otherwise, whether direct or reflected, shall not be visible from any lot, parcel or right-of-way.

(D) Solid and Liquid Waste. All solid waste, debris and garbage shall be contained within a closed and screened dumpster, refuse bin and/or trash compactor. Incineration of trash or garbage is prohibited. No sewage or liquid wastes shall be discharged or spilled on the property.

(E) Hazardous Materials. Information and materials to be used or located on the site, whether on a full-time or part-time basis, that are required by the SARA Title III Community Right to Know shall be provided at the time of any City review, including site plan. Information regarding the activity or at the time of any change of use or expansion, even for existing uses, shall be provided to the Director.

(iv) Outdoor Storage and Display. Outdoor storage and permanent display areas may be located beside or behind the principal structure. For lots with double or triple frontage the side and rear yards that are to be used for permanent display areas shall be established with site plan approval. Portable display of retail merchandise may be permitted as pro-vided in GJMC 21.04.040(h).

(b)  I-1: Light Industrial.

(1) Purpose. To provide for areas of light fabrication, manufacturing and industrial uses which are compatible with existing adjacent land uses, access to transportation and the availability of public services and facilities. I-1 zones with conflicts between other uses can be minimized with orderly transitions of zones and buffers between uses.

(2)  Street Design. Effective and efficient street design and access shall be considerations in the determination of project/district intensity.

(3)  Performance Standards.

(i)  Retail Sale Area. Areas devoted to retail sales shall not exceed 10 percent of the gross floor area of the principal structure, and 5,000 square feet on any lot or parcel.

(ii)  Loading Docks. Loading docks shall be located only in the side or rear yards.

(iii) Vibration, Smoke, Odor, Noise, Glare, Wastes, Fire Hazards and Hazardous Materials. No person shall occupy, maintain or allow any use in an I-1 district without continuously meeting the following minimum standards regarding vibration, smoke, odor, noise, glare, wastes, fire hazards and hazardous materials. Conditional use permits for uses in this district may establish higher standards and conditions.

(A) Vibration. Except during construction or as authorized by the City, an activity or operation which causes any perceptible vibration of the earth to an ordinary person on any other lot or parcel shall not be permitted.

(B) Noise. The owner and occupant shall regulate uses and activities on the property so that sound never exceeds 65 decibels at any point on the property line.

(C) Glare. Lights, spotlights, high temperature processes or otherwise, whether direct or reflected, shall not be visible from any lot, parcel or right-of-way.

(D) Solid and Liquid Waste. All solid waste, debris and garbage shall be contained within a closed and screened dumpster, refuse bin and/or trash compactor. Incineration of trash or garbage is prohibited. No sewage or liquid wastes shall be discharged or spilled on the property.

(E) Hazardous Materials. Information and materials to be used or located on the site, whether on a full-time or part-time basis, that are required by the SARA Title III Community Right to Know shall be provided at the time of any City review, including site plan. Information regarding the activity or at the time of any change of use or expansion, even for existing uses, shall be provided to the Director.

(iv) Outdoor Storage and Display. Portable display of retail merchandise may be permitted as provided in GJMC 21.04.040(h).

(A) Outdoor storage and displays shall not be allowed in the front yard setback;

(B) Screening shall be maintained in the frontage adjacent to arterial and collector streets and along that portion of the frontage on local streets which adjoin any zone except I-1 or I-2;

(C) Unless required to buffer from an adjoining district, screening along all other property lines is not required; and

(D) Screening of dumpsters is not required.

Mixed Use and Industrial Bulk Standards Summary Table

Building size (max. sf) 10,000 15,000 n/a n/a   n/a   n/a n/a n/a n/a n/a n/a

Notes

B-1: Max. building size varies by use; retail – 15,000 sf (unless a CUP is approved), office 30,000

B-2: Parking setback for principal structure – 30 ft., for accessory 6 ft.; first floor min. height – 15 ft.

C-1: Min. rear setback – 0 if an alley is present

All other parts of Section 21.03.080 shall remain in full force and effect.

INTRODUCED on first reading the 1^st day of July, 2015 and ordered published in pamphlet form.

PASSED and ADOPTED on second reading the 15^th day of July, 2015 and ordered published in pamphlet form.

ATTEST:

 /s/ Phyllis Norris      

 President of the Council

/s/ Stephanie Tuin    

City Clerk