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HomeMy WebLinkAbout09329ORDINANCE NO. 9329 AN ORDINANCE AMENDING TITLE XII, CHAPTER 4, SECTION 5(C)(1) OF THE PUEBLO MUNICIPAL CODE RELATING TO THE REARRANGEMENT OF PROPERTY BOUNDARIES TO ESTABLISH BUILDING SITES BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted; underscoring indicates new matter being added) SECTION 1. Section 12-4-5(c)(1) of the Pueblo Municipal Code is hereby amended and modified to read as follows: (1) After approval and recording of a final subdivision plat, owners 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 plat of said proposed rearrangement. The Subdivision Review Committee shall have the authority to approve rearrangements of property boundaries \[\] provided that do not involve more than five (5) lots or consist of more than five (5) acres and that additional lots or parcels are not created, right-of-way is not altered, and said parcels or lots do not result in a part of the subdivision becoming insufficient in size, area or location to . meet the minimum requirements of the zone district in which the lots are locatedThe Subdivision \[ Review Committee shall find as a condition of approval thatany such rearrangement of property boundaries will not require a change in any of the required subdivision improvements including, but not limited to, streets, alleys, storm drainage facilities, sanitary sewer facilities, water \] public improvements are distribution systems, public easements and rights-of-way. constructed and in good condition, or proposed improvement plans are approved and designed to current standards, or proposed improvements are associated with a subdivision improvement agreement or building permit, or the property owner agrees to enter into a deferred improvement agreement with the Public Works Department for the completion of said improvements. More than one (1) rearrangement of lots in a block may be \[ approved by the Subdivision Review Committee. No lot may be included in more than one (1) \] rearrangement. SECTION 2. The officers and staff of the City are authorized and directed to perform any and all acts consistent with this Ordinance to implement the policies and procedures described herein. SECTION 3. This Ordinance shall become effective immediatley following final passage and approval. INTRODUCED: August 13, 2018 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: ACTING CITY CLERK PASSED AND APPROVED: August 27, 2018 City Clerk’s Office Item # R-4 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: August 13, 2018 TO: President Christopher A. Nicoll and Members of City Council CC: Sam Azad, City Manager VIA: Brenda Armijo, Acting City Clerk FROM: Jeff Bailey, Acting Director of Public Works SUBJECT: AN ORDINANCE AMENDING TITLE XII, CHAPTER 4, SECTION 5(C)(1) OF THE PUEBLO MUNICIPAL CODE RELATING TO THE REARRANGEMENT OF PROPERTY BOUNDARIES TO ESTABLISH BUILDING SITES SUMMARY: The proposed Ordinance modifies the criteria for the rearrangement of property boundaries. PREVIOUS COUNCIL ACTION: Ordinance 3512 approved January 10, 1972 inserted the language in to the Pueblo Municipal Code. Ordinance 7286 approved August 11, 2005 modified the language as it reads today. BACKGROUND: The modifications set forth in this text amendment seek to provide more opportunities to use the process associated with the rearrangement of property boundaries in lieu of a subdivision when specific and limited criteria can be met. The process for a rearrangement of property boundaries is administrative, cannot create additional lots and requires public improvements are in place. The text amendment allows for increased flexibility for land developers and a reduced cost. FINANCIAL IMPLICATIONS: No financial impacts with the approval of this Ordinance. BOARD/COMMISSION RECOMMENDATION: Text amendment has been presented to Planning and Zoning Commission for review and comment. Comments have been favorable. STAKEHOLDER PROCESS: Text amendment has been presented to local Civil Engineers, Surveyors, Architects, and Title Companies for review and comment. Comments have been favorable. ALTERNATIVES: Denial of Ordinance would continue the use of the Rearrangement of Property Boundaries as currently used; decreases flexibility for land developers, increases development costs and increases staff review hours. RECOMMENDATION: Approval. Attachments: Proposed Ordinance