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HomeMy WebLinkAbout07286ORDINANCE NO. 7286 AN ORDINANCE AMENDING CHAPTER 4 OF TITLE XII OF THE PUEBLO MUNICIPAL CODE RELATING TO SUBDIVISIONS, AMENDING DEFINITIONS FOR SUBDIVISIONS AND PROCEDURES WITH RESPECT TO SUBDIVISIONS AND MASTER DEVELOPMENT PLANS, AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF WHEREAS, there exists within the City subdivisions approved and recorded before February 1, 1972 which do not comply with the provisions of Chapter 4 of Title XII of the Pueblo Municipal Code; and WHEREAS, developing such subdivisions without complying with the provisions of Chapter 4 of Title XII of the Pueblo Municipal Code will interfere with and not promote the health, safety, convenience, and general welfare of the City and its citizens nor meet the subdivision purposes set forth in Section 12 -4 -2 of the Pueblo Municipal Code; and WHEREAS, certain definitions and procedures relating to subdivisions need to be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets indicate matter being deleted; underscoring indicates new matter being added) SECTION 1 Subsection (13) of Section 12 -4 -3 of the Pueblo Municipal Code is hereby amended by the addition of new paragraphs c. and d. to read as follows: C. Any subdivision created and recorded before February 1, 1972 which does not have improvement plans on file with the City, has not been developed in compliance with this Chapter, or within which certificates of occupancy have not been issued for structures or buildings constructed within such subdivision on or before December 31, 2004, shall be deemed abandoned. The land within such subdivision shall for the purpose of this Chapter be considered and treated as land which is not in an approved subdivision. d. "Approved subdivision" means a subdivision which complies with the provisions of this Chapter. SECTION 2 Subparagraphs 1, 2 and 3 of paragraph a of subsection (13) of Section 12 -4 -3 of the Pueblo Municipal Code are amended to read as follows: 1. The division, subdivision, or resubdivision of any [a] lot, tract, or any parcel of land located wholly or partly within the corporate limits of the City into two (2) or more lots, plats, sites, parcels, separate interests, or interests in common, or other division of land for the purpose, whether immediate or future, of sale or development; or the use of land or the conversion of a building or structure for condominiums, apartments or other multiple - dwelling or office units unless such land, building or structure is included in an approved subdivision [which complies with the provisions of this Chapter] and is within a zone district that authorizes the same or greater density; 2. The combining of two (2) or more contiguous lots, tracts or parcels of land into one (1) or more larger parcels, or more than one (1) separate interest; or 3. The construction or erection of any building or other structure, excluding, for purposes of this Subsection, light poles and appurtenances on any parcel of land which is not included in an approved subdivision [plat]. For purposes of this Subsection the term construction or erection includes any modification in footprint, other than demolition increase in the gross square footage of an existing building or structure, or the remodeling of an existing building or structure the cost of which exceeds fifty percent (50 %) of the replacement cost of such building or structure. SECTION 3 Subparagraphs 6 and 7 of paragraph b of subsection (13) of Section 12 -4 -3 of the Pueblo Municipal Code is amended to read as follows: 6. Is created by the acquisition of an interest in land in the name of a husband and wife or other persons in joint tenancy, or as tenants in common, and any such interest shall be deemed for purposes of this Subsection [(9)] (13) as only one (1) interest; 7. Is created by the rearrangement of property boundaries within an approved subdivision as provided in Section 12- 4 -5(c) [of this Code]; SECTION 4 Paragraph b of Subsection (13) of Section 12 -4 -3 of the Pueblo Municipal Code is amended by the addition of new subparagraph 11 to read as follows: 11. Is created by combining no more than five (5) residential lots, including, if applicable, any adjacent vacated right -of -way in an approved subdivision for the purpose of establishing a changed building site for a single - family or two - family dwelling, provided no dwelling or structure shall be constructed over any easement. SECTION 5. Paragraph (7) of Subsection (b) of Section 12 -4 -4 of the Pueblo Municipal Code is amended to read as follows: (7) No permit shall be [issued] approved by an administrative officer of the City or issued by the Pueblo Regional Building Department for the construction of any building or other improvements upon any land unless and until compliance with this Chapter shall first be met. SECTION 6. Subsection (a) and paragraph (2) of Subsection (a) of Section 12 -4 -5 of the Pueblo Municipal Code are amended to read as follows: (a) [Master] Overall Development Plan (2) [Said] The [Master] Overall Development Plan shall be prepared in accordance with the requirements of regulations adopted by the Planning and Zoning Commission pursuant to the provisions hereof [and the following processing procedures:]. The Overall Development Plan shall be prepared in consultation with the City's Subdivision Review Committee and submitted in its entirety to the Planning and Zoning Commission. The Overall Development Plan shall comply with the policies of the Pueblo Regional Comprehensive Development Plan existing as of the date the Overall Development Plan is approved, and shall address development, land use, drainage, parks, utilities, traffic and other infrastructure needs and requirements and the wide range of planning and development issues involved in and with respect to the development of the land within the Overall Development Plan. The Overall Development Plan as submitted and approved by the Planning and Zoning Commission shall have the flexibility to adapt to changing conditions over the estimated time period for the development of the land within the Overall Development Plan and shall consist of the following prepared in accordance and in compliance with standards, criteria and policies therefore adopted by the City Council by Resolution: development plan including open space plans, drainage plan, sanitary sewer plan, transportation plan, and appropriate environmental studies. A Master Development Plan required by an Annexation Agreement shall be accepted as the required Overall Development Plan in those instances where the Master Development Plan meets all of the information requirements of the Overall Development Plan. An Overall Development Plan shall be required in those instances where a Master Development Plan is unavailable for a particular Annexation or where the Master Development Plan does not meet the information requirements of the Overall Development Plan. The following processing procedures shall apply to Overall Development Plans a. [Eight (8)] Twenty -One (21) copies of the [Master] Overall Development Plan shall be filed with the [City Engineer] Department of Land Use Administration at least [fourteen (14) days] eight weeks prior to the [next regularly scheduled] meeting of the Planning and Zoning Commission at which the Overall Development Plan is scheduled for consideration The [City Engineer] Department of Land Use Administration staff shall immediately submit said proposed [Master] Overall Development Plan to the Subdivision Review Committee for review. [Said] The Subdivision Review Committee shall submit its recommendations to the Planning and Zoning Commission at the meeting at which the Overall Development Plan is being considered [, together with one (1) copy of the plan at said regularly scheduled meeting of the Planning and Zoning Commission]. Upon receipt of the [Master] Overall Development Plan, the [City Engineer] Director of Land Use Administration shall also forthwith transmit one (1) copy of each to the franchised electrical power distributor, the franchised natural gas distributor, the Board of Water Works, appropriate School Districts [60] and any other public utility or entity which may be directly affected. Within [seven (7)] eleven (11) days after receipt of such plan, each such public utility or entity shall by letter addressed to the Subdivision Review Committee via the Department of Land Use Administration express its approval or recommendations as such [Master] Overall Development Plan relates to its operations. Failure to object or make recommendations within the required time shall be deemed approval on the part of such public utility or entity so failing to object or make recommendations. b. [When the Subdivision Review Committee's report is received by the Planning and Zoning Commission, it shall thereupon] The Planning and Zoning Commission shall conduct a public hearing on the proposed Overall Development Plan after notice of the time and place of the public hearing is given to the subdivider and to owners of land immediately adjoining and within three hundred (300) feet of the area of the proposed Overall Development Plan in accordance with the certified list of owners of such land furnished by the subdivider. Notice shall be in writing and mailed by first -class mail, postage prepaid, at least fifteen (15) days before the date of the public hearing. Notice shall be deemed given upon mailing. After the public hearing, the Planning and Zoning Commission shall set forth its findings in writing, whether of approval approved with modification, or [disapproved] denial An approved [Master] Overall Development Plan may be modified from time to time at the direction and with the approval of the Planning and Zoning Commission or when tracts within the [Master] Overall Development Plan are submitted for subdivision that vary from the original Overall Development Plan. C. The Overall Development Plan shall include uses, density, intensity, and access points for the subject development. SECTION 7. The first paragraph of subsection (b) of Section 12 -4 -5 of the Pueblo Municipal Code is hereby amended to read as follows: (b) Plat. After approval of an [Master] Overall Development Plan [plan], if such a plan is required, a subdivider shall file with the Planning and Zoning Commission in accordance with its rules and regulations and this Chapter a plat consisting of drawings indicating the subdivider's plan for the subdivision in a form suitable to, and which he or she intends in final form to, record, together with any required supportive plans, maps and profiles pursuant to the following procedures: SECTION 8. Paragraph (1) of subsection (c) of Section 12 -4 -5 of the Pueblo Municipal Code is hereby amended to read as follows and the following new paragraph (4) is added thereto: (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 that do not involve more than five (5) lots or consist of more than five (5) acres and 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 located. The Subdivision Review Committee shall find as a condition of approval that any 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 distribution systems, public easements and rights -of- way. More than one rearrangement of lots in a block may be approved by the Subdivision Review Committee. No lot may be included in more than one rearrangement. (4) This subsection shall not be applicable to combining no more than five (5) residential lots, including, if applicable, any adjacent vacated right -of -way in an approved subdivision for the purpose of establishing a changed building site for a single - family or two - family dwelling, provided no dwelling or structure shall be constructed over an easement but may be constructed over an interior lot line of the combined lots notwithstanding any prohibition against building over lot lines contained in the Pueblo Municipal Code. SECTION 9. Subsection (a) of Section 12 -4 -6 of the Pueblo Municipal Code is hereby amended to read as follows: (a) [Master] Overall Development Plan. The [Master] Overall Development Plan shall be prepared to a scale and accuracy commensurate with the purpose of setting forth the subdivider's intentions regarding: (1) General street pattern with particular attention to collector or higher classification streets and future neighborhood circulation and interconnectivity. (2) Location of schools, parks or recreational areas or other public uses. (3) Sanitary sewers, storm water disposal and water supply. (4) Proposed land uses such as: semipublic, commercial, multifamily residential, single - family residential and all other proposed land uses SECTION 10. Paragraph (4) of subsection (e) of Section 12 -4 -7 of the Pueblo Municipal Code is hereby amended to read as follows: If subdivision plats within an approved [Master] Overall Development Plan are accepted before the land for park and recreational purposes is actually dedicated, a cash deposit equal to the in -lieu of cash payment shall be deposited by the subdivider with the City, to be held in escrow until dedication thereof is completed. SECTION 11 Any person who violates the provisions of Chapter 4, Title XII of the Pueblo Municipal Code shall be punished as provided in section 1 -2 -1 of the Pueblo Municipal Code. SECTION 12 If any provision of this Ordinance is determined by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect the validity or enforceability of any other provision of this Ordinance. SECTION 13 This Ordinance shall become effective upon final passage and approval. INTRODUCED March 28, 2005 BY Michael Occhiato Councilperson APPROVED: PRES1DENT 9F CITY CPWCIL ATTESTED BY: CITY CLERK PASSED AND APPROVED April 11, 2005 ]LD) I Background Paper for Proposed ORDINANCE 110�E AGENDA ITEM # � 3 / DATE: MARCH 28, 2005 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT /JIM MUNCH LAND USE ADMINISTRATOR/MICHAEL SMYTH, AICP TITLE AN ORDINANCE AMENDING CHAPTER 4 OF TITLE XII OF THE PUEBLO MUNICIPAL CODE RELATING TO SUBDIVISIONS, AMENDING DEFINITIONS FOR SUBDIVISIONS AND PROCEDURES WITH RESPECT TO SUBDIVISIONS AND MASTER DEVELOPMENT PLANS AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF ISSUE Should the City Council amend Chapter 4 relating to unimproved subdivisions allowing lot lines and affected notice requirements? of Title XII of the Pueblo Municipal Code limited residential development over interior RECOMMENDATION The Planning and Zoning Commission, at their March 9, 2005 regular meeting, voted unanimously to recommend approval. BACKGROUND The text amendments were initiated in order to provide for the abandonment of unimproved subdivisions created prior to February 1, 1972; the preparation of master plans; and an alternative for allowing construction on up to five residential lots without re- subdivision in limited situations. The proposed ordinance also covers legal notice requirements. FINANCIAL IMPACT None