Ordinance No. 4409 (Word Version)

CITY OF GRAND JUNCTION, COLORADO

ORDINANCE NO. 4409

AN ORDINANCE ZONING THE SUNLIGHT SUBDIVISION ANNEXATION TO PD (PLANNED DEVELOPMENT) ZONE, BY APPROVING A PRELIMINARY DEVELOPMENT PLAN WITH A DEFAULT ZONING OF

R-4 (RESIDENTIAL – 4 UNITS PER ACRE),

LOCATED AT 172 AND 174 SUNLIGHT DRIVE

Recitals:

A request to zone 11.21 acres to PD (Planned Development) by approval of a Preliminary Development Plan (Plan) with a default R-4 (Residential-4 units per acre) zone has been submitted in accordance with the Zoning and Development Code (Code).

This Planned Development zoning ordinance will establish the standards, default zoning (R-4) and adopt the Preliminary Development Plan for the Sunlight Subdivision. If this approval expires or becomes invalid for any reason, the property shall be fully subject to the default standards of the R-4 zone district.

In public hearings, the Planning Commission and City Council reviewed the request for the proposed Preliminary Development Plan approval and determined that the Plan satisfied the criteria of the Code and is consistent with the purpose and intent of the Growth Plan. Furthermore, it was determined that the proposed Plan has achieved “long-term community benefits” by proposing the following:

1. Creative site planning and design that will limit the visual impacts of homes from the public rights-of-way by making use of walk-out basements creating a single story streetscape;

2. Over 23,000 square feet of common open space will be provided for both passive and active recreational use;

3. A pedestrian path and Old Spanish Trail connection will be provided through the extension of Glory View Drive. Trail signage will be provided to improve the visibility of this trail that is located south of the subject property.

4. Use of low water usage grasses in the common open space and drainage areas;

5. Covenants to be enforced by the home owners association will be developed to address development on individual lots including encouraging the use of xeriscape landscape material; and

6. Storm drainage will be improved to control runoff and prevent discharge onto neighboring lots.

Deviations from the default zone include: Eight lots do not meet the minimum lot width requirement, of 75 feet, which is measured at the front setback. These lots are: Lots 5 through 9, Block 1; Lots 5 through 7, Block 2; which are located at the end of the two cul-de-sacs.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND JUNCTION THAT THE AREA DESCRIBED BELOW IS ZONED TO PLANNED DEVELOPMENT WITH THE FOLLOWING DEFAULT ZONE AND STANDARDS:

Sunlight Annexation No. 3

2943-312-00-025 & 2943-312-00-105

A certain parcel of land located in the Southeast Quarter of the Northwest Quarter (SE 1/4 NW 1/4) of Section 31, Township 1 South, Range 1 East, of the Ute Principal Meridian, County of Mesa, State of Colorado, being more particularly described as follows:

Said parcel contains 5.69 acres (247,769 square feet), more or less, as described.

Sunlight Annexation No. 4

2943-312-00-025 & 2943-312-00-105

Commencing at the Northeast corner of the SE 1/4 NW 1/4 of said Section 31, and assuming the North line of the SE 1/4 NW 1/4 of said Section 31 to bear N89°57'24"E with all bearings contained herein relative thereto; thence S00°08'16"E along the East line of the SE 1/4 NW 1/4 of said Section 31 a distance of 280.58 feet to the Point Of Beginning; thence S00°08'16"E along the East line of the SE 1/4 NW 1/4 of said Section 31 a distance of 214.03 feet; thence S89°51'44"W a distance of 30.00 feet to a point on the West right of way of 28 1/2 Road recorded in Book 2424, Page 593 of the Mesa County, Colorado public records; thence along the Northerly sideline of a canal easement recorded in Book 2398, Pages 49 through 51, of the Mesa County, Colorado public records the following fourteen (14) courses: (1) S81°22'39"W a distance of 33.73 feet; (2) thence 57.13 feet along the arc of a 270.04 foot radius curve, concave Southeast, having a central angle of 12°07'15" and a chord bearing S75°19'02"W a distance of 57.02 feet; (3) thence S69°15'24"W a distance of 10.81 feet; (4) thence 8.87 feet along the arc of a 7.43 foot radius curve, concave Northeast, having a central angle of 68°22'34" and a chord bearing N76°34'12"W a distance of 8.35 feet; (5) thence N42°23'49"W a distance of 49.29 feet; (6) thence 88.38 feet along the arc of a 49.03 foot radius curve, concave South, having a central angle of 103°16'38" and a chord bearing S85°58'06"W a distance of 76.89 feet; (7) thence S34°20'02"W a distance of 24.05 feet; (8) thence S28°05'51"W a distance of 44.34 feet; (9) thence S35°12'30"W a distance of 61.65 feet; (10) thence S39°12'47"W a distance of 25.61 feet; (11) thence 49.55 feet along the arc of a 39.66 foot radius curve, concave Northwest, having a central angle of 71°35'03" and a chord bearing S75°00'24"W a distance of 46.39 feet; (12) thence N69°11'59"W a distance of 55.26 feet; (13) thence 4.05 feet along the arc of a 14.47 foot radius curve, concave Northeast, having a central angle of 16°02'57" and a chord bearing N61°10'02"W a distance of 4.04 feet; (14) thence N53°08'05"W a distance of 140.34 feet; thence S35°10'58"W a distance of 27.50 feet to the centerline of said canal easement; thence along the centerline of said canal easement the following fifteen (15) courses; (1) N56°29'58"W a distance of 96.42 feet; (2) thence N73°26'34"W a distance of 114.21 feet; (3) thence 33.26 feet along the arc of a 177.69 foot radius curve, concave Southwest, having a central angle of 10°43'27" and a chord bearing N78°48'18"W a distance of 33.21 feet; (4) thence N84°10'03"W a distance of 28.15 feet; (5) thence 8.45 feet along the arc of a 16.06 foot radius curve, concave Northeast, having a central angle of 30°08'08" and a chord bearing N69°05'59"W a distance of 8.35 feet; (6) thence N54°01'54"W a distance of 4.98 feet; (7) thence 12.30 feet along the arc of a 24.23 foot radius curve, concave Southwest, having a central angle of 29°05'22" and a chord bearing N68°34'10"W a distance of 12.17 feet; (8) thence N83°06'25"W a distance of 9.64 feet; (9) thence 19.90 feet along the arc of a 43.47 foot radius curve, concave South, having a central angle of 26°14'01" and a chord bearing S83°46'23"W a distance of 19.73 feet; (10) thence S70°39'11"W a distance of 14.85 feet; (11) thence 35.75 feet along the arc of a 48.52 foot radius curve, concave Northwest, having a central angle of 42°13'12" and a chord bearing N88°14'03"W a distance of 34.95 feet; (12) thence N67°07'18"W a distance of 10.21 feet; (13) thence N41°26'43"W a distance of 4.84 feet; (14) thence 31.52 feet along the arc of a 145.02 foot radius curve, concave Southwest, having a central angle of 12°27'14" and a chord bearing N47°40'17"W a distance of 31.46 feet; (15) thence N53°53'51"W a distance of 9.14 feet to the East line of a road right of way recorded in Book 2398, Pages 148 and 149 of the Mesa County, Colorado public records; thence N10°55'00"W along the East line of said road right of way described in Book 2398, Pages 148 and 149 a distance of 78.53 feet to a point on the South line of that certain parcel described in Book 4001, Page 471 of the Mesa County, Colorado public records; thence S89°58'04"W along the South line of said parcel described in Book 4001, Page 471 a distance of 0.78 feet to a point on the East line of a road right of way recorded in Book 788, Page 242, of the Mesa County, Colorado public records; thence N00°01'41"W along the East line of said road right of way described in Book 788, Page 242 a distance of 330.39 feet to a point on the North line of the SE 1/4 NW 1/4 of said Section 31; thence N89°57'24"E along the North line of the SE 1/4 NW 1/4 of said Section 31, a distance of 75.00 feet; thence S00°01'39"E a distance of 280.41 feet; thence N89°58'03"E a distance of 896.16 feet, more or less, to the Point of Beginning.

Said parcel contains 5.52 acres (240,310 square feet), more or less, as described.

A. Sunlight Subdivision Preliminary Development Plan is approved with the Findings of Fact and Conclusions listed in the Planning Commission Staff Report dated January 26, 2010 and the City Council Staff Report dated February, 1, 2010, including attachments and Exhibits.

B. The default zone is R-4 (Residential – 4 units per acre) with deviations contained within this Ordinance.

Introduced on first reading this 1^st day of February, 2010 and ordered published.

Adopted on second reading this 1^st day of March, 2010.

ATTEST:

/s/ Stephanie Tuin /s/ Bruce Hill

City Clerk President of the Council