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HomeMy WebLinkAbout03855 (( • ORDINANCE NO. 3855 AN ORDINANCE AMENDING CHAPTER 4 , TITLE XII OF THE 1971 CODE OF ORDINANCES OF THE CITY OF PUEBLO RELATING TO PLATS AND SUBDIVISIONS BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1. Subsection 9 of Section 3 , Chapter 4 , Title XII of the 1971 Code of Ordinances is repealed and reenacted with amendments , to read: " (9) Subdivision. (a) The term "subdivision" includes : (i) The division or resubdivision of any parcel of land into two or more parcels , separate interests, or interests in common; or (ii) The combining of two or more contiguous par- cels of land into one or more larger parcels , or more than one separate interest; or (iii) The construction or erection of any building or other structure on any parcel of land which is not included in an approved subdivision plat. (b) The term "subdivision" does not include the divi- sion of land which: (i) Is created by order of any court in this state, or by operation of law, or which could be created by any court in this state pursuant to the law of eminent domain, (ii) Is created by a lien, mortgage , deed or trust or any other security instrument; (iii) Is created by a security or unit of interest in any investment trust regulated under the laws of this state or any other interest in an investment entity; (iv) Creates easements or rights of way; (v) Creates an interest or interests in oil, gas minerals , or water which are now or hereafter severed from the surface ownership of real property; (vi) Is created by the acquisitions of an interest in land in the name of a husband and wife or other per- sons in joint tenancy, or as tenants in common and any such interest shall be deemed for purposes of this sub- section (9) as only one interest; (vii) Is created by the rearrangment of property boundaries as provided in Section 12-4-5 (c) of this Code; (viii) Is created for agricultural purposes into parcels of five acres or more, the average width of which is not less than 300 feet when such division: does not require the opening of any new street or the use of any new public easement of access; does not ob- struct or is not likely to obstruct natural drainage; does not adversely affect or is not likely to adverse- ly affect the establishment of any freeway, major street, primary highway, or arterial street; and does not ad- versely affect the execution or development of any plat any subdivision approved by the City Council or other- wise adversely affect the orderly subdivision of con- tiguous property. (c) For purpose of this subsection the word "land" in- cludes any lot, tract or parcel of land situated wholly or partly within the corporate limits of the City of Pueblo. " SECTION 2. Section 5 of Chapter 4 of Title XII of the 1971 Code of Ordinances of the City of Pueblo is hereby amended by the addi- tion of the following new Subparagraph (c) : " (c) Rearrangement of Property Boundaries to Establish Building Sites : After approval and recording of a final subdivision plat, an owner of lots therein may file with the Zoning Administrator, in accordance with rules and regulations adopted by the Planning and Zoning Commission and this Chapter, a request to rearrange property boundaries to establish changed building sites together with a map of said proposed rearrangement. The Subdivision Review Committee shall have the authority to approve a rearrangement of property boundaries that does not involve more than 5 lots and does not result in a part of the subdivision becoming insufficient in size, area, or location to meet the minimum requirements of the zoning district in which the lots are located. The Subdivision Review Committee must find as a condition of approval that any such rearrange- ment of property boundaries will not require a change in any of the required subdivision improvements including, but not limited to, streets, alleys, storm drainage facilities , sani- tary sewer facilities, water distribution system, easements and rights-of-way. All other proposed rearrangements of property boundaries or alterations of or changes to a subdivision plat are hereby declared to be resubdivisions and subject to the sub- division requirements of this Chapter. The City shall not issue a building permit for any building site resulting from the rearrangement of property boundaries until such rearrange- ment is approved as herein provided. Upon the approval of a rearrangement of property boundaries by the Subdivision Review Committee, a plat of the changed area, showing the rearranged property boundaries , shall be filed with the Chief Building Inspector, and shall have the Committee ' s approval attested to by signature of the Zoning Administrator. " SECTION 3. This Ordinance shall become effective immediately upon final passage and approval. INTRODUCED April 8 , 1974 By PAT KELLY Councilman APPROVED President of the Council ATTEST: cL City 1k