CITY OF GRAND JUNCTION, COLORADO

       Ordinance No. 2809

     AMENDING SECTION 5-4-6 A. & F. OF THE

       ZONING AND DEVELOPMENT CODE

Recitals.

  The Zoning and Development Code (ZDC) requires the payment of parks/open space fees for certain types development reviews of such as rezones, subdivisions, planned developments, or conditional uses.

 The payment of this fee, in instances where special uses or changes of uses requiring these reviews are needed, does not directly relate to impact on the parks and open spaces.

  The payment of the fee for special uses should be eliminated because a significant number of government and non-profit uses fall into this category of review. Change of uses that also require these types of reviews should also have this fee eliminated.

 The City Council has duly considered the matter and the recommendation of both staff and the Planning Commission and finds that the need to adopt new Code language for amending the parks/open space fees satisfies a public need.

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

Section 5-4-6 of the City of Grand Junction Zoning and Development Code is hereby amended to read:

A. For all new development requiring processing through the rezoning, planned development, or conditional use procedures of this Code, the owner or petitioner shall pay into the escrow fund for parks/open space acquisition and/or development. For minor or major subdivisions, the fee is required and payable at the time of platting. All other reviews require the fee to be paid prior to the issuance of a planning clearance. For the purpose of this Section (5-4-6) only, new development shall include construction of a principal structure or an addition to a principal structure where the addition constitutes thirty-five percent (35%) or more of the existing floor area of the structure.

F. In instances where parks/open spaces fees were collected for a previous development review process, as specified under Section 5-4-6 A., a credit to the amount paid shall be granted when a site is subject to subsequent parks/open space fees.

INTRODUCED for FIRST READING and PUBLICATION this 18th day of January, 1995.

PASSED on SECOND READING this 1st day of February, 1995.

ATTEST:

/s/ Stephanie Nye      /s/ R.T. Mantlo

City Clerk          President of City Council