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HomeMy WebLinkAbout06546ORDINANCE NO. 6546 AN ORDINANCE AMENDING CHAPTER 4 OF TITLE XII OF THE PUEBLO MUNICIPAL CODE RELATING TO SUBDIVISIONS, COMPLIANCE WITH CERTAIN PROVISIONS OF SAID CHAPTER, DEDICATION OF PARKS AND RECREATION FACILITIES, AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter deleted, underscoring indicates matter added) SECTION 1 The City Council finds and determines that the compliance and dedication of parks and recreation facilities provisions of Chapter 4 of Title XII of the Pueblo Municipal Code set forth in Sections 2 and 3 of this Ordinance are reasonable and necessary to protect the health, welfare, safety and environment of property and the public and are in the best interests of the City and its residents. SECTION 2 Subsection (b) of Section 4, Chapter 4, Title XII of the Pueblo Municipal Code, is amended by the addition of the following new paragraph (11): LUI It shall be unlawful for any person to subdivide land located wholly or partially within the corporate limits of the City without first complying with the provisions of this Chapter. SECTION 3 Paragraph (2) of Subsection (e) of Section 7, Chapter 4, Title XII of the Pueblo Municipal Code is amended to read as follows: (2) If the City Council determines, after consideration of the recommendations of the Planning and Zoning Commission, that the location, arrangement or size of the proposed subdivision is not appropriate for [land] dedication of eight (8) percent of the land area the City Council shall require either a. a cash payment in lieu of land dedication or b. the dedication of less than eight (8) percent of the land area, provided 1. the land area to be dedicated is sufficient to reasonably serve the proposed subdivision and the future residents thereof, and 2. the subdivider constructs and installs all required park and recreational facility improvements [Such payment shall be equal to the eight - percent] All payments in lieu of land dedication shall be equal to eight (8 ) percent of the fair market value of the land in such subdivision, exclusive of street widths, valued as subdivided land in the intended zone district. If the subdivider and City are unable to agree as to the fair market value of the land, the City shall have the land appraised by an independent qualified appraiser, and such appraisal shall be prima facie evidence of the fair market value of the land. The subdivider and City shall each pay one -half (1 /2) of the cost of such appraisal. SECTION 4 This Ordinance shall become effective upon final passage. ATTEST: City rk INTRODUCED: M 8 ,2000 By Robert Schillin Councilperson APP OVED: f f. resident of the City Council A \01MN(z wen -2-