Ordinance No. 3619 (Word Version)

ORDINANCE NO. 3619

AN ORDINANCE ZONING LAND LOCATED NEAR

THE SOUTHEAST CORNER OF THE HORIZON DRIVE AND

G ROAD INTERSECTION TO PD

Recitals.

The owners of the property described below have applied for approval of an outline development plan and concomitant for a Planned Development (PD) for the owners' three tax parcels located near the southeast corner of the intersection of Horizon Drive and G Road. The property is locally known as the Etter-Epstein property. The City Council finds that the request meets the goals and policies set forth by the Growth Plan. City Council also finds that the requirements for a rezone as set forth in Section 2.6 of the Zoning and Development Code have been satisfied.

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

1. The property consisting of the following three tax parcel descriptions is hereby zoned Planned Development (PD) subject to the conditions and provisions of the Zoning and Development Code and the approved plan:

(a) Parcel 2945-012-00-008

Beginning at the NE corner NE4NW4 Section 1 1S 1W South 230 ft West 230 ft North 230 ft East to the Point of Beginning EXC road ROW as per Book 1426 Pages 244-245 Mesa County records; and also

(b) Parcel 2945-012-00-075/076

That part of NW4 NW4 Section 1 1S 1W S + East of County Highway EXC road ROW as per Book 1426 Pages 244-245 Mesa County records; and also

Beginning Northeast corner NE4 NW4 Section 1 1S 1W S 782.5 ft West 408 ft South 82deg49' West 220 ft South 55deg57' W 596 ft West 190 ft to West LI NE4 NW4 North to County Highway Northeasterly along highway to North line 4 NW4 E to beginning EXC road on East + EXC North 230 ft of East 230 ft of NE4NW4 EXC Road ROW as per Book 1426 Pages 244-245 Mesa County Records.

2. The uses of the 20.94 acre property allowed by the zoning shall be as generally depicted on the Outline Development Plan (ODP) attached as Exhibit A:

(a) Business/Commercial 11.36 acres less the eastern portion of Area 3*

(approximately 125,000-250,000 sf)

(b) Residential, 4 du/ac 6.4 acres plus eastern portion of Area 3*

3. A list of the types of allowed uses are as follows corresponding to 2. (a), (b) and (c) as denominated on Exhibit A. The attached map classifies and designates the property into 5 acres.

(a) BUSINESS/COMMERCIAL USES (Area 2 and western portion of Area 3*):

Business Residence Multifamily Residential

Townhome Assisted Living Facility

General day care Medical and Dental Clinics

Parks Religious Assembly

Hotels and motels General Offices

Miniature golf Health club

Retail Alcohol Sales Bar, Nightclub

Food Service, Catering Food Service, Restaurant

Small appliance repair Personal services

Car wash Gasoline service station

Quick lube Limited vehicle service

Community Activity Building/Community Services

Museums, art galleries, opera houses, single screen theater, libraries

Counseling centers (nonresident)

General retail sales with indoor operations, display and storage

(b) BUSINESS/COMMERCIAL USES (Area 1):

Business Residence Multifamily Residential

Townhome Assisted Living Facility

General day care Medical and Dental Clinics

Parks Religious Assembly

Hotels and motels General Offices

Miniature golf Health club

Food Service, Catering Food Service, Restaurant

Small appliance repair Personal services

Community Activity Building/Community Services

Museums, art galleries, opera houses, single screen theater, libraries

Counseling centers (nonresident)

General retail sales with indoor operations, display and storage

Single family attached Duplex

Single family detached Multifamily

Townhome Assisted Living Facility

(d) OPEN SPACE USES (No-build areas):

Underground utilities

Road right-of-way

Pedestrian and recreational amenities

4. The bulk requirements for this property shall be as follows:

(a) Business/Commercial area: Same as Light Commercial (C-1) in section 3.4 of the Zoning and Development Code except that: the maximum building heights are as follows (refer to Exhibit A, attached):

Area 1: 35 feet above grade

Area 2:

- South of the southern boundary of the Airport Critical Zone: 40 feet measured from the nearest portion of Horizon Drive

- Remainder of Area 2 (north of the line formed by the southern boundary of the Airport Critical Zone): 55 feet measured from the nearest portion of Horizon Drive

Area 3 (Western Portion*): 65 feet measured from the nearest portion of Horizon Drive

(b) Residential areas (4 and 5 and eastern Portion of Area 3*): Same as Residential Multifamily 8 units per acre (RMF-8) in section 3.3 of the Zoning and Development Code, EXCEPT that:

1) the rear or side yard setback in the residential Area 5 shall be a minimum of 25 feet from the southern property line (common with Ptarmigan Ridge and Ptarmigan Point); and

2) Height in the eastern portion of Area 3* shall be 35 feet measured from the existing grade of the Old 27-1/2 Road Right-of-Way (elevation of 4736 feet).

(c) * Note: Per City Council motion, the eastern portion of Area 3 (generally noted as the Etter Residence on Exhibit A) is to be residential with the exact area defined at the next phase of development.

5. A Conditional Use Permit shall be required at the next phase of development in order to establish a residential density of up to 4 units per acre within the Airport Critical Zone, as required by Section 7.3 of the Zoning and Development Code.

6. Subsequent applications to the City shall conform to the then-effective Zoning and Development Code.

7. This zoning, and the concomitant ODP, are only valid until the 3rd anniversary of approval.

INTRODUCED for FIRST READING and PUBLICATION this 17th day of March, 2004.

PASSED on SECOND READING this 7^th day of April, 2004.

ATTEST:

/s/: Stephanie Tuin /s/: Jim Spehar

City Clerk President of Council