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:
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resident of the City Council
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