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A. Purpose: The purpose of this Section is to provide the procedures for public notice. Public notice serves to inform vicinity property owners, neighborhood associations, and the community of pending development projects along with the date, time, and place of public hearings including appeals of development projects.
B. Applicability:
1. Public notice shall be published, posted, or mailed, and may also be sent electronically, as indicated in this Section 7.5.406, Table 7.5.1-A, Section 7.5.5 (Administrative Decisions), Section 7.5.6 (Decisions Requiring a Planning Commission Hearing), and Section 7.5.7 (Policy Decisions by City Council), as applicable to the type of application being submitted, in accord with the standards of this Section 7.5.406.
2. Where the Manager determines that the size, complexity, or location of the project may create negative impacts on surrounding properties, the Manager may require that posted or mailed notice be provided at least ten (10) days before a Pre-Application Meeting for the project.
3. Mailed notice shall be required for the following:
a. At least ten (10) days before a Neighborhood Meeting;
b. At the time of submittal of an application that will be decided upon by the Planning Commission, FBZ Review Board, Historic Preservation Board, or City Council; and
c. At least fourteen (14) days prior to each public hearing.
C. Content of Notice: The content of the notice shall be established by City staff during the application review process. At minimum, the notice shall include:
1. The address(es) of the land subject to the application;
2. An area map of the development proposal;
3. A general description of the type of project; and
4. For any public meeting or hearing, the date, time, and place of the meeting or hearing.
D. Types of Notice:
1. Published (Newspaper) Notice: When required, notice shall be published in a newspaper or newspapers available in the City as designated for that purpose by the City Council. Notice shall be published between fourteen (14) and thirty (30) days prior to the date of the hearing, decision, or other event for which notice is being provided.
2. Posted (Sign) Notice:
a. When required, at least one poster providing notice shall be placed along each street or right-of-way frontage of the property subject to the application. The property shall be posted at least fourteen (14) days prior to the date of the hearing, decision, or other event for which notice is being provided.
b. The required poster shall be placed along the perimeter of the subject property in locations that are visible from adjacent public ways. Posting may also be outside the actual boundary of the project site if the Manager determines the alternative posting location offers more visibility for public notice.
3. Mailed (Letter) Notice: The Manager may require mailed notification at least fourteen (14) days before the scheduled meeting date to all Neighborhood Associations and property owners within one thousand (1,000) feet of the project site of the proposal. When required, notification shall be mailed within a reasonable time after submittal has been reviewed and accepted.
4. Electronic Notice: Notice may be sent electronically to property owners at the discretion of the Manager.
E. Neighborhood Association Responsibility: Each Neighborhood Association shall be responsible for providing notice of the association and contact information and neighborhood boundary information to the City. The association shall be responsible for updating the contact information and neighborhood boundary information on file with the City as needed. Failure of a Neighborhood Association or a specific officer or member of the association to receive notice due to inaccurate information on file with the City shall not be grounds for a delay of application review or public hearings or for appeal of the resulting decision.
F. Effect of Notice: Evidence that the required notices were published, posted, mailed, or sent electronically in accordance with this Section will be deemed effective and no delay request shall be granted on the grounds of ineffective or improper notice. (Ord. 23-03)
A. Applicability: An application shall be subject to review, hearings, recommendations, and decisions as indicated in Table 7.5.1-A.
B. Discussions: During consideration of an application, the Manager may consider alternative potential conditions. No discussion of potential conditions shall be deemed an attempt or intent to impose any condition that would violate the federal or state constitutions, statutes, regulations, or governing court decisions. Discussions of potential conditions to mitigate impacts do not reflect actions by the City unless and until the City takes formal action to attach that condition to a development approval.
C. Hearings:
1. Hearings shall be held at the date, time, and place for which public notice was provided in accordance with Section 7.5.406 (Public Notice). A hearing may be continued without additional notice provided that, prior to the adjournment or recess of the hearing, the body holding the hearing establishes and announces the date, time, and location at which the hearing will be continued.
2. Any person may present evidence or testimony during a public hearing, subject to the rules of procedure for the decision-making body holding the hearing.
D. Meetings and Decisions:
1. Manager: The Manager's decision on an application shall be deemed final and shall set forth the findings of fact together with conditions of approval considered necessary to mitigate impacts and protect the public health, safety, and welfare.
2. Planning Commission, FBZ Review Board, or Historic Preservation Board:
a. The Planning Commission, FBZ Review Board, or Historic Preservation Board shall announce its decision at the conclusion of the public hearing. The decision shall set forth any conditions of approval considered necessary to mitigate impacts and protect the public health, safety, and welfare.
b. The decision of the Planning Commission, FBZ Review Board, or Historic Preservation Board regarding matters over it has authority according to Table 7.5.1-A shall be deemed to be final agency action unless appealed to City Council pursuant to Section 7.5.705 (Appeals).
3. City Council:
a. Without further public notice or hearing, the City Council may:
(1) Refer the item back to the Planning Commission, FBZ Review Board, or Historic Preservation Board for further review or consideration;
(2) Affirm any decision of the Planning Commission, FBZ Review Board, or Historic Review Board that appears on the City Council agenda;
(3) Reverse any decision of the Planning Commission, FBZ Review Board, or Historic Review Board that appears on the City Council agenda; or
(4) Modify any decision of the Planning Commission, FBZ Review Board, or Historic Review Board that appears on the City Council agenda.
b. In all matters before the City Council the entire file of the Department pertaining to the matters shall be made a part of the record of the City Council. The file shall include at a minimum: the minutes from Planning Commission, FBZ Review Board, or Historic Preservation Board; maps; drawings; departmental reports; and applications.
c. In all matters before the City Council where an ordinance is required to give effect to a quasi-judicial land use decision or where an ordinance is accompanied by a related quasi-judicial application pursuant to Subsection 7.5.403D (Multiple Applications), Council shall vote on the ordinance on first reading without conducting a hearing or taking public comment. Hearings for the ordinance and any related applications shall be conducted prior to the second reading of the ordinance. City Council shall vote on related applications concurrent to the second reading of the ordinance. (Ord. 23-03)
A. The Manager may refer any application listed as an Administrative Decision in Part 7.5.5 (Administrative Decisions) to the Planning Commission, FBZ Review Board, or Historic Preservation Board for a decision.
B. When an administrative decision is referred to the Planning Commission, FBZ Review Board, or Historic Preservation Board, the Commission or Board shall hold a public hearing and make a decision pursuant to Section 7.5.407 (Meetings and Decisions) based on the same criteria that would have applied if the Manager had made the decision. (Ord. 23-03)
When Parts 7.5.5 (Administrative Decisions), 7.5.6 (Decisions Requiring a Planning Commission Hearing), and 7.5.7 (Policy Decisions by City Council), or another provision of this UDC does not provide more specific review or decision-making criteria, or refers to the criteria in this Section, the review or decision-making bodies shall evaluate applications for compliance with the general review criteria below.
A. Compliance with this UDC: The proposed use and development shall comply with all applicable standards in this UDC, unless the standard is lawfully modified or varied.
B. Compliance with Other Applicable Regulations: The proposed use and development shall comply with all other City regulations and with all applicable regulations, standards, requirements, or plans of the federal or state governments and other relevant entities with jurisdiction over the property or the current or proposed use of the property. This includes, but is not limited to, floodplain, water quality, erosion control, and wastewater regulations.
C. Compliance with Engineering Standards and Utilities: The proposed use and development shall comply with standards for roadway design and construction, access, drainage, water, sewer, emergency/fire protection, and others established by federal, state, county, service district, City, Colorado Springs Utilities, and other regulatory authorities. Utility services must be connected as required by this UDC.
D. Compliance with Prior Approvals: The proposed use and development shall be consistent with the terms and conditions of any prior land use approval, plan, or plat approval for all or part of the property that is in effect and not proposed to be changed. This includes consistency with any Annexation Agreement, Land Use Plan, or approved phasing plan for development and installation of public improvements and amenities. (Ord. 23-03)
A. General: In conjunction with approval of an application under this UDC, the decision-making body may require conditions which are reasonable and necessary in order to further the purpose of this UDC as provided in Subsection B below.
B. Conditions:
1. All conditions of approval shall be reasonably related to the anticipated impacts of the proposed use or development, or shall be based upon standards duly adopted by the City. Such conditions may include those necessary to carry out the purpose and intent of the Colorado Springs Comprehensive Plan, other plans adopted by City Council, and this UDC.
2. When conditions are imposed by the Manager or other decision-making body, the Manager shall determine when the conditions have been met.
C. Effect of Violation of Conditions: Violations of conditions attached to an approved application is a violation of this UDC. (Ord. 23-03)
A. Administrative Decisions made pursuant to this Article 7.5 shall be final unless the decision is referred to the Planning Commission pursuant to Section 7.5.408 (Referral to Planning Commission, FBZ Review Board, or Historic Preservation Board) or appealed to the Planning Commission pursuant to Section 7.5.415 (Appeals). The date of final administrative decision shall be the date of the approval or denial letter on the application.
B. For decisions made by the Planning Commission, FBZ Review Board, Historic Preservation Board, or appealed to the City Council pursuant to this Article 7.5, the date of final decision by one of those bodies shall be the date of the final action taken, regardless of whether conditions were imposed as part of the decision.
C. No person may file an appeal of a decision made pursuant to this UDC to the courts under rule 106 of the Colorado Rules of Civil Procedure until the decision has first been appealed to that body or those bodies shown in Table 7.5.1-A and that appeal has been resolved. The failure of any person to file an appeal in accord with the provisions of Section 7.5.415 (Appeals) shall constitute a waiver of the applicant's or a party in interest's right to appeal to the courts under rule 106 of the Colorado Rules of Civil Procedure for failure to exhaust administrative remedies. (Ord. 23-03)
A. Establishment of Vested Rights:
1. A "vested property right," as used in this Section, means the right to undertake and complete development and use of property under the terms and conditions of approval at the time of vesting.
2. A vested property right shall accrue following approval of a Development Plan and shall be subject to any terms and conditions imposed at the time of approval.
B. Additional Provisions:
1. The vesting period for a Development Plan shall be six (6) years unless a Building Permit is issued prior to that date, or the vesting period is extended in the FBZ district pursuant to Subsection 7.2.307G (Regulatory Incentives).
2. Vested property rights may be changed through a Development Agreement between the City and affected landowner. City Council, in its legislative capacity, may change vested property rights for public health, safety, and welfare reasons.
3. Vested property rights are subject to applicable ordinances, resolutions, and regulations that are general in nature and applicable to a broad class of properties.
4. Only approval of Development Plans may result in the creation of a vested right under this Section. Any modification of an approved Development Plan does not change the effective or expiration date of a vested right. (Ord. 23-03)
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