CITY OF GRAND JUNCTION

ORDINANCE NO. 4140

AN ORDINANCE AMENDING SECTION 2.5 OF THE ZONING

AND DEVELOPMENT CODE TO ALLOW AMENDMENTS TO THE

GROWTH PLAN AND/OR THE FUTURE LAND USE MAP MORE

THAN TWICE EACH CALENDAR YEAR

RECITALS:

The City Council amended Section 2.5 of the Zoning and Development Code on March 21, 2007 (Ordinance No. 4055), to allow for the review of a Growth Plan Amendment concurrently either with adoption of a zone of annexation of property, and/or concurrently with a request to rezone property to Planned Development (PD).

During the Council’s consideration of Ordinance No. 4055, discussion of the current requirements of Section 2.5 (E)(1)(a), which limits proposed amendments to twice each year, occurred. Some Council members were concerned that the requirement is unduly restrictive.

Because the nature of a master plan, such as the Growth Plan and the Future Land Use Map (together the “Growth Plan”) should be reflective of the changing conditions in the community and because the Grand Valley, and the City in particular, are experiencing significant growth pressure, the limitations on reviews of the Growth Plan should be eliminated.

The Planning Commission, having heard and considered this proposed amendment to Section 2.5 of the Zoning and Development Code, has recommended approval of the proposed revision.

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND JUNCTION THAT THE ZONING AND DEVELOPMENT CODE BE ADMENDED AS FOLLOWS:

1.  Repeal and reenact Section 2.5.E to read as follows:

"E. Application requirements and processing procedures in Table 2.1 and Section 2.3 B apply, except that changes to the Growth Plan, including map amendments and text amendments, shall be processed when they are received.

1.  Application Requirements.

 a.  Minimum Requirements. In making a request for a plan amendment, the applicant shall address each of the criteria provided in this Section.

 b.  Optional Materials. In addition to the required written descriptions, justifications and responses, the City Council, Planning Commission or staff may request additional documents, reports, studies, plans and drawings as deemed necessary to fully evaluate the request. The applicant may submit additional relevant materials.

 2.  Notice.

 a.  Property Sign. Signs giving notice are not required for text amendment requests, nor for map amendments initiated by the City as a Citywide or area plan process or requests relating to more than five percent (5%) of the area of the City.

 b.  Mailed Notice. A mailed notice is not required for a map amendment request relating to more than five percent (5%) of the area of the City and/or related to a Citywide or area plan process, or for text amendment requests; however, the Director shall give notice in an advertisement in a local newspaper of general circulation (Section 2.3.b.6.)

 3.  Hearing. If action by the City and the County is required, the Director will attempt to arrange a joint meeting of city and County Planning Commissions, although such joint meetings are not required. If a joint hearing is held, the chairpersons shall jointly determine how to conduct such a hearing. Each commission shall vote separately.

 4.  Timing. If both the City and County should act, and thirty (30) calendar days have passed since action by one entity without action by the second entity, the decision of the first entity shall control."

2.  Sunset Clause. This Ordinance shall be reviewed by the City Council twelve (12) months from its adoption. If the Ordinance is not readopted then the Ordinance shall be null, void and of no effect and Section 2.5 (E) shall revert to the terms written prior to this Ordinance.

Introduced for first reading this 5^th day of November, 2007.

Passed and adopted this 19^th day of November, 2007.

             /s/ James J. Doody      

             James J. Doody

             President of the Council

Attest:

/s/ Stephanie Tuin      

Stephanie Tuin

City Clerk