Ordinance No. 3401 (Word Version)

CITY OF GRAND JUNCTION, COLORADO

Ordinance No. 3401

Zoning approximately 20 acres of land located

at 761 23 ½ Road to PD (Webb Crane)

(Commercial and Residential Uses)

Recitals.

A rezone from the County Planned Commercial (PC) and the Agricultural Forestry Transitional (AFT) districts to the Planned Development (PD) district has been requested for the properties addressed at 761 23 ½ Road. The PD district is to facilitate commercial and residential components of the properties. At its January 15, 2002 hearing, the City’s Planning Commission recommended approval of the rezone request from the prior County Planned Commercial (PC)/Agricultural Forestry Transitional (AFT) zone districts to the Planned Development (PD) zone district.

The Council bases its decision on the testimony at the public hearing, the goals, policies and future land uses set forth in the City’s Growth Plan, and the criteria for a rezone as set forth in Section 2.6 of the Zoning and Development Code, and the Community Development staff recommendation.

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

1. The properties and parcels described below (“Property”) are hereby zoned to the Planned Development (PD) zone district, subject to the other terms of this ordinance, and to be developed in accordance with a Final Plan to be adopted:

(a) Parcel #1:

That part of the S ½ SE ¼ NW ¼ Section 32, Township 1 North, Range 1 West of the Ute Meridian lying North of the right-of-way for Highway I-70,

Excepting therefrom the following described property: Beginning at the Northeast Corner of said S ½ SE ¼ NW ¼, Section 32 which is South 00°02’00” East 1981.39 feet from the North Quarter Corner of said Section 32, thence South 00°02’00” East 349.71 feet along the East line of said S ½ SE ¼ NW ¼ to the North right of way of Interstate 70; thence along said North right of way North 89°45’32” West 20.00 feet, thence South 45° 06’ 14” West 70.54 feet, thence North 89°45’30” West 390.85 feet, thence North 00°02’00” West 396.97 feet to a point on the North line of said S ½ SE ¼ NW ¼, thence North 89° 54’04” East 460.85 feet along the North line of said S ½ SE ¼ NW ¼ to the point of beginning,

AND ALSO Excepting the West 5 acres of the S ½ SE ¼ NW ¼ of Section 32, Township 1 North, Range 1 West, Ute Meridian lying North of the Interstate Highway 70 right of way line, and being more specifically described as follows:

Beginning at a point which bears South 00°02’ East 1981.39 feet and South 89°54’04” West 766.45 feet from the N ¼ corner of Section 32, Township 1 North, Range 1 West, Ute Meridian, and considering the East line of the NW ¼ of said Section 32 to bear South 00°02’ East with other bearings contained relative thereto, thence South 00°02’42” East 395.16 feet to a point on the North right of way line of Interstate Highway 70, thence along said right of way line North 89°45’ 30” West 553.49 feet to a point on the West line of the S ½ SE ¼ NW ¼ of said Section 32, thence along said West line North 00°02’42” West 391.86 feet to a point on the North line of the S ½ SE ¼ NW ¼ of said Section 32, thence along said North line North 89°54’04” East 553.48 feet to the point of beginning;

The County Assessor’s parcel number for this Parcel # 1 is: 2701-322-00-084.

(b) Parcel #2:

Lot 1 in Williamsen Subdivision, Mesa County, Colorado;

The County Assessor’s parcel number for this Parcel # 2 is: 2701-322-05-001

The South 441.75 feet of the N ½ SE ¼ NW ¼ of section 32, Township 1 North, Range 1 West of the Ute Meridian, Mesa County, Colorado;

The County Assessor’s parcel number for this Parcel # 3 is: 2701-322-00-069.

2. Only the following Uses are permitted on the Property, pursuant to the approved City Preliminary Plan, dated 6/18/01 (Sheet No 1) on file with the City, (“Preliminary Plan”):

(a) On the portions of the Property labeled as ‘unrestricted storage,’ indoor and outdoor storage associated with a crane business and operation;

(b) Within the area labeled as ‘tower crane erection area’ and ‘Lot 1 Williamsen Sub.,’ such storage uses are allowed and also office, vehicle maintenance, and assembly uses;

1. However, within the northerly fifty feet (50’) of the area designated on the Preliminary Plan as “Restrictive Storage To 25’ Max. Height,” there shall be no outdoor storage any portion of which exceeds twenty-five feet (25’).

1. One existing single family residence;

2. Two single family residences must be built before the rest of the northern parcel can be used.

(d) Within areas shown as easement(s), drainage or entrance(s), no structures or storage shall occur unless specifically identified on a Final Plan.

3. The following Dimensional Standards shall apply, in addition to those which ordinarily apply pursuant to the Zoning and Development Code:

(a) Within the commercial portion of the Property, the Dimensional Standards of the Light Industrial (I-1) zone district;

(b) For the rest of the Property, the Dimensional Standards of the Residential Single Family-2 (RSF-2) zone district.

4. The following additional standards and conditions shall be incorporated into the Final Plan for the Property:

(a) A fourteen foot (14’) wide multi-purpose easement shall be dedicated to the City along each abutting or adjacent road or right-of-way, including the “Frontage Road 28’ Asphalt Mat” and “23 ½ Road”, as a part of a Final Plan, and prior to further development of the Property;

(b) As a part of the Final Plan, the developer shall obtain at its sole cost and expense, and offer for dedication as required by the City, an easement in a location and with dimensions approved by the City for an eight inch (8 “) PVC (or better) pipe connection between the existing Grand Junction Drainage District’s manhole (located on the south and western portion of the Property), as shown on the Preliminary Plan; or developer shall construct alternative drainage and storm water facilities.

5. In addition to other applicable standards, the following specific standards and requirements shall apply to the Property and shall be incorporated into a Final Plan:

(a) For the non-residential portions of the Property, there shall be no expansion of the storage area beyond that authorized by the 1998 County Conditional Use Permit until the following improvement is constructed to City standards:

1. A landscaped and irrigated earth berm, a minimum of three feet in height, shall be constructed along the entire northern property boundary; and a berm five feet in height shall be constructed behind (west of) the proposed residences adjacent to 23 ½ Road.

(b) On the portion of the project area designated for commercial activity on

the Final Plan, the following improvements shall shown on the Final Plan and

be constructed:

1) Irrigated landscaping along the rights-of-way and roads described above in section 4(a); all portions of such roads and right-of-ways not then hard-surfaced shall be included in such work and shall be landscaped consistent with Section 6.5 of the Zoning Code;

2) Parking lot improvements for the office and vehicle maintenance areas shall be installed or made by a date set forth in the Final Plan. See, Section 6.6 Of the Zoning Code and the TEDS Manual;

3) All vehicle ways within the Property shall be surfaced with compacted heavy base rock (not gravel) and maintained in dust free condition;

4) The fifty feet (50’) of each driveway and vehicle way closest to public right of way shall be swept frequently enough to keep base rock from being tracked or distributed onto the roads and other public rights-of-way;

5) All existing and future outdoor lighting shall be shielded, and retrofitted as necessary, to prevent fugitive light and to avoid shining on adjacent properties and public roads and right-of-ways;

6) The Final Plan shall incorporate drainage improvements based on a 100-year event;

7) The portions of the Property perimeter that abut or are adjacent to residential zones or uses shall be screened. See the definition in the Zoning Code;

8) All portions of the Property perimeter adjacent to or abutting Interstate Highway 70 frontage roads and rights-of-way and that are used for outdoor storage shall be screened; and

9) Use of the northern parcel beyond the 1998 County Conditional Use

Permit boundary cannot occur until the building permits for the two

houses have been issued and the two berms constructed.

INTRODUCED for FIRST READING and PUBLICATION this 6th day of February, 2002.

PASSED on SECOND READING this 20th day of February, 2002.

ATTEST:

_/s/ Stephanie Tuin ________ ___/s/ Cindy Enos-Martinez____

City Clerk President of Council