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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)
A. If an application or appeal has been decided, no same or similar application on all or part of the same land shall be submitted within twelve (12) months after the date of denial.
B. The applicant may apply to the Manager for an exception to this limitation if the following apply:
1. Because of a change of circumstances, the existing zoning precludes the use of the property for any purpose to which it may be reasonably adapted;
2. For a Short Term Rental Permit Application pursuant to Subsection 7.3.301.C (Short Term Rentals), surrounding permits have expired such that the application may meet spacing requirements;
3. The landowner is deprived of all reasonable uses of the land; or
4. The land is not susceptible to any reasonable use under the existing zoning. (Ord. 23-03)
In all zone districts:
A. The Manager may require, or the applicant may request and the Manager may agree, that the City and the applicant enter into a Development Agreement related to an application to ensure that the proposed development or related\ improvements, amenities, conditions, or other matters are completed as required at the time of approval of an application as required by this UDC or other plans, policies, regulations of the City.
B. A Development Agreement may include the parties agreement on any matter related to the proposed development or related improvements, amenities, conditions, or other matters, including without limitation, the timing and phasing of development or improvements and the duration of any vested rights beyond the time period stated in Section 7.5.412 (Vested Rights), that are within the City's authority pursuant to the City's Charter, applicable ordinances, and the provisions of state and federal law.
C. A Development Agreement may include the following information, as applicable:
1. The project, property, and improvements covered by the Development Agreement;
2. The term or duration of the Development Agreement;
3. The specific date or event after which an improvement becomes a required improvement;
4. The requirement for an assurance to be posted by the date an improvement is required to be completed, as well as the amount of each required assurance;
5. The specific or determinable date or event when each required improvement must be completed;
6. The conditions under which draws on or against the assurance will be permitted in the absence of a default, and any administrative costs that must be paid when draws are taken;
7. Any other terms and conditions the parties determine are appropriate in light of the nature of the project and the types of obligations included in the Development Agreement and the following events of default;
a. The Manager determines that an improvement was not completed by the improvement completion date;
b. An assurance is not posted by the date an improvement becomes required; and
c. The entity issuing the assurance fails to deliver the funds to the City within fourteen (14) days of the date the Manager certifies that an improvement was not constructed by the improvement completion date.
D. Development Agreements shall be approved by the Manager following referral to any City departments or agencies whose facilities, services, or duties are affected by the content of the proposed Development Agreement. (Ord. 23-03)
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