A. Purpose: The purpose of the Area Design Standards Overlay is to preserve the bulk, form, and dimensional standards of residential or commercial areas with distinctive characteristics that are worthy of conservation but are not historical or within a Historic Preservation Overlay (HP-O) district. The intent of the ADS-O is to foster rehabilitation, development, and redevelopment in character with existing development or as recommended in (1) an adopted neighborhood plan as defined in the Colorado Springs Comprehensive Plan, or (2) a Stakeholder Engagement Plan for an ADS-O district approved by City Council pursuant to this Section 7.2.607.
B. Eligibility: In addition to the criteria for a zone change in Section 7.5.704 (Zoning Map Amendment (Rezoning)), to be eligible for designation as an ADS-O:
1. All of the area to be included in the ADS-O shall have been included in either:
a. A neighborhood plan, as defined in the Colorado Springs Comprehensive Plan, that was adopted within the five (5) years preceding the application date; or
b. A Stakeholder Engagement Plan for an ADS-O district that was approved by the Planning Department.
2. A majority of the area included in the application shall have one (1) or more the following characteristics:
a. Recognized identity and character;
b. High architectural value, including consistent building design and materials;
c. Relationship with the unique places or cultural features identified in the Colorado Springs Comprehensive Plan;
d. Non-conforming setbacks or consistently deeper setbacks than are required by the base zone district;
e. Consistently lower building heights than are permitted in the base zone district; or
f. Uniform landscaping maintained over a substantial period of time in relation to the age of the neighborhood.
C. Permitted Development Standards: An ADS-O district may establish standards for the following types of development standards only if the area has the related characteristic identified in Subsection B above, which will supersede any conflicting standards in this UDC.
1. Requirements for contextual front or side setbacks. Contextual setbacks require that new development and redevelopment be similar to those on adjacent or nearby properties, regardless of the front or side setbacks in the base zone district, or that they comply with other dimensional standards determined on a case-by-case basis consistent with the Purpose described in Subsection A above;
2. Limitations on maximum building heights of new development or redevelopment to a lower height than that permitted in the base zone district;
3. Requirements that new development and redevelopment incorporate visible architectural or building features found on a majority of primary buildings within the district;
4. Standards requiring the use of building materials that are, or that look like, materials used in a significant majority of primary buildings within the district, or prohibiting the use of building materials that were not used on a significant majority of primary buildings within the district; and
5. Requirements for the installation and maintenance of types, locations, and styles of landscaping and buffering found on a significant majority of lots containing primary buildings within the district.
6. Requirements for lot size and lot coverage.
D. ADS-O: Area Design Standard Overlay Establishment:
1. Prior to submittal of an application to create an ADS-O district, a neighborhood meeting facilitated by the Planning Department shall be held with property owners and residents within the anticipated ADS-O boundaries to discuss the proposed overlay zoning district.
2. After the completion of the neighborhood meeting referred to in Subsection 1, if the Manager determines that the requirements for eligibility in Subsection B above have been met, then, notwithstanding the provisions of Section 7.5.403A (Authority to Submit Applications), any of the following may submit an application for the creation of an ADS-O district:
a. A resident living in the area to be included in the proposed ADS-O district;
b. An owner of a business operating in the area to be included in the ADS-O district; or
c. A Neighborhood Association whose boundaries include some or all of the land to be included in the ADS-O district.
3. In addition to other requirements for an application for a Zoning Map Amendment (Rezoning), an application for the creation of an ADS-O district shall include all of the following:
a. Project Statement and Justification: A written justification for the request identifying how it will promote the purposes of the base zone district in which the property is located, the ADS-O zone district, this UDC, and/or the Comprehensive Plan.
b. Stakeholder Engagement Plan: A Stakeholder Engagement Plan created in coordination with the Planning Department which includes, but is not limited to:
(1) The number and type of outreach events;
(2) Survey questions and approach;
(3) Focus group discussion topics; and
(4) Property owner interviews.
c. Petition: A petition in support including dates and signatures of those property owners and tenants in support of the application, together with the addresses of any property they own within the proposed boundaries of the ADS-O district, and showing that all petition signatures have been obtained within the two-(2) month period before the application was submitted.
d. Proposed Design Standards: The proposed design standards to be applied in the ADS-O, which are limited to those listed in Section 7.2.607 (ADS-O: Area Design Standards Overlay).
e. Plat: A copy of the plat(s) of the subdivision(s) included within the proposed ADS-O district.
f. Inventory of Existing Uses and Structures: An inventory of existing structures within the proposed ADS-O district showing:
(1) Existing use, building heights, and building setbacks for each property;
(2) Any unplatted parcels; and
(3) The location of any nonconforming structures or uses, and an indication of whether the proposed design standards would make them more or less nonconforming.
4. Decision: The Planning Commission may recommend approval or approval with conditions, and City Council may approve or approve with conditions if they determine that:
a. The criteria for approval of a Zoning Map Amendment (Rezoning) have been met;
b. The eligibility criteria in Subsection B.2 above have been met:
c. The establishment of the ADS-O district will not cause detrimental financial impacts to property owners within the district; and
d. The dimensional or design standards applicable in the he ADS-O district will not preclude property owners from expanding real property that is compliant with base zoning dimensional standards. (Ord. 23-03)