ORDINANCE NO. 2340

AMENDING THE GRAND JUNCTION ZONING AND DEVELOPMENT CODE BY DELETING THE EXISTING SECTION 5-4-6 AND ADOPTING NEW SECTION 5-4-6 CONCERNING PUBLIC SITES, PARKS AND OPEN SPACES.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND JUNCTION:

That Section 5-4-6 of Chapter 5 of Chapter 32 of the Code of Ordinances of the City of Grand Junction is hereby repealed and reenacted to read:

5-4-6 Public Sites, Parks and Open Spaces

A. All new development which requires processing through the rezoning, subdivision, planned development, conditional use, or special use procedures of this Code shall require payment to the escrow fund for Parks/Open Space acquisition and/or development. For the purpose of this section (5-4-6) only, new development shall be considered construction of principal structures where the addition constitutes 35% or more of the existing floor area of the structure, or a change of use category for an existing structure or for a parcel of land.

B. The fee schedule for compliance with 5-4-6A shall be as follows:

1. All residential uses $225 per dwelling unit.

2. All business/commercial/industrial uses 5% of the appraised raw land value. The value shall be determined, at the developer's expense, by an accredited real estate appraiser (member of American Institute of Real Estate Appraisers) not otherwise involved in the development.

3. All uses in the Use/Zone Matrix (sec. 4-3-4) which are classed under the general categories of Community Facilities - Public and Private, and Human Care/Treatment Facilities which are non-profit uses shall not be charged a fee. All other uses in these categories shall be charged 2.5% of appraised raw land value as determined in paragraph B.2 above. Proof of non-profit status may be required.

C. Fees shall be paid at the time of final approval and prior to commencement of the use. Fees for subdivision shall be paid at the time of final plat recording.

D. Private open spaces or recreational areas in planned developments shall not be a substitute for the required fee or dedication.

E. The Governing Body may, after recommendation by the Planning Commission, waive or defer the provisions of this section (5-4-6). In considering such a waiver or deferment, the Governing Body shall use the criteria established in Section 10-1-1B.2. The Governing Body may also consider the dedication of public sites, parks, and/or open space areas in lieu of payment to the escrow fund. The dedication of land area shall not be less than equal in value to the payment that would be required under B above and in accordance with adopted plans and policies.

PASSED and ADOPTED this 6th day of May, 1987.

____________________

President of the Council

Attest:

Neva B. Lockhart, CMC

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City Clerk

I HEREBY CERTIFY that the foregoing ordinance, being Ordinance No. 2340, was introduced, read, and ordered published by the City Council of the City of Grand Junction, Colorado, at a regular meeting of said body held on the 15th day of April, 1987, and that the same was published in The Daily Sentinel, a newspaper published and in general circulation in said City, at least ten days before its final passage.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 7th day of May, 1987.

Neva B. Lockhart

____________________

Neva B. Lockhart, CMC

City Clerk

Published: April 17, 1987

Published: May 8, 1987

Effective: June 9, 1987