A. Purpose: A Land Use Plan is used to review the impact of the proposed land uses on surrounding development early in the project planning process. Land Use Plans contain an outline of a proposed zone district or project that shows land uses, development intensities and densities, access points, green space or public open space systems, and areas that should be preserved or protected.
B. Applicability:
1. General: A Land Use Plan is required in connection with the following types of applications and shall be approved before or simultaneously with the following types of applications:
a. An application to annex land into the City.
b. An application to establish or change the boundaries of any zone district, unless specifically waived pursuant to Subsection 3 below..
2. Expiration and Modification of Previously Approved Plans: A Master Plan or Concept Plan approved prior to the Effective Date shall not expire unless the Master or Concept Plan includes an expiration date. Modifications to adopted Master Plans or Concept Plans may be processed pursuant to Section 7.5.516 (Modification of Approved Applications).
3. Waiver by Manager and Land Use Statement:
a. The Manager may waive the requirement for approval of a Land Use Plan if the Manager determines that requiring approval of a Land Use Plan would not serve the purposes of this Section or the UDC because:
(1) The land area under review is less than ten (10) acres and is planned to be developed in a single phase;
(2) The land is contained in and subject to a previously approved Master or Concept Plan;
(3) The land is included in a Development Plan application;
(4) The land area is part of an established surrounding development pattern;
(5) The proposed zoning pattern for the land aligns with adjacent existing zoning or development; and/or
(6) Major infrastructure or urban services for the land including but not limited to access points and roadway systems, have already been established and are not proposed to be changed.
b. An applicant requesting a Land Use Plan waiver shall submit a Land Use Statement demonstrating that the application complies with the criteria for a waiver outlined in Subsection a above. The Manager's decision on the Land Use Statement shall be in writing and may not be appealed.
C. Land Use Plan Approval Process:
1. Application Submission:
a. General Requirements: In addition to the application submission requirements in Section 7.5.403 (Application Submission), the following items shall be included in an application submission unless the Manager determines that the required information is not necessary due to the scope of the Land Use Plan.
(1) Project Statement: The proposed application shall include a statement identifying and demonstrating:
(a) The development's proposed land uses, housing densities (if applicable), and development intensity; and
(b) Evaluation of how the Plan meets Land Use Plan review criteria.
(2) Access Nodes: The proposed Land Use Plan must indicate points of access, ingress, and egress.
(3) Roadway System: The proposed Land Use Plan must indicate internal connections from proposed access nodes.
(4) R-Flex and PDZ Districts: For development that is proposed in an R-Flex district or a PDZ district, the proposed Land Use Plan shall indicate:
(a) The proposed overall housing density and the locations of different housing types; and
(b) The location of green space, recreational facilities, or other common amenities as applicable.
(5) Use Types: For development that is proposed in an MX district or a PDZ district, the proposed Land Use Plan shall indicate the location of use types permitted within the proposed development.
(7) Fiscal Analysis for Proposed Land Use Plan: A Land Use Plan that accompanies a request for annexation shall include the following information and demonstrate compliance with the following standards:
(a) A fiscal impact analysis and a calculation of total costs to the City to provide infrastructure to the proposed development for a period of at least ten (10) years;
(9) Geohazard Hazard Study: The proposed Land Use Plan shall include a Geologic Hazard Study if required in accord with Part 7.4.5 (Geological Hazards).
(10) Phasing Plan: If the applicant wishes to phase development within a Land Use Plan area, the application shall include a phasing plan reflecting the established maximum residential density or mixed-use or nonresidential development intensity within the applicable zone district.
b. Zone Specific Requirements: Additional requirements and criteria for the Land Use Plan may be contained in the description of the base zone district where the property is located (see Article 7.2 (Zone Districts)) or in an overlay district that applies to the property (see Part 7.2.6 (Overlay Districts)).
2. Decision-Making Body:
a. Except as noted in Subsection b below, all Land Use Plans shall be reviewed and decided by the Manager based on the criteria in Subsection 3 below.
b. Land Use Plans submitted in connection with an application to establish a zone district or to change zone district boundaries shall be reviewed by the Planning Commission and City Council and a decision made by City Council pursuant to Section 7.5.704 (Zoning Map Amendment (Rezoning)).
3. Land Use Plan Criteria: If the Land Use Plan is submitted in connection with an application to establish a zone district or to change zone district boundaries shall be reviewed based on the following criteria:
a. Consistency with the Colorado Springs Comprehensive Plan and other plans and policies adopted by City Council;
b. Consistency with development standards the zone district in which the property is located, or would be located after a requested zone district change;
c. Compatibility with the land uses and development intensities surrounding the property;
d. Impacts of the permitted or requested uses, appropriate to the type of development, the neighborhood, and the community;
e. Adequacy of proposed ingress/egress points and traffic circulation, both on and off the site;
f. Capacity of the existing streets, utilities, parks, schools, and other public facilities to serve the proposed development;
g. Promotion of transitions in height, intensity, or character between proposed non-residential or mixed-use development and nearby low-density residential zone districts.
4. Conditions and Modifications:
a. If a Land Use Plan is approved or approved with conditions, all subsequent development approvals and permits within the Land Use Plan area shall be consistent with the Land Use Plan as approved, subject to Subsection c below.
b. A proposal to modify an approved Land Use Plan shall be reviewed and a decision made pursuant to Section 7.5.516 (Modification of Approved Applications).
c. An approved modification of a Development Plan pursuant to Section 7.5.516 (Modification of Approved Applications) shall be treated as a modification of a Land Use Plan affecting the same property, and no revision or resubmission of the Land Use Plan shall be required, provided that the modified Development Plan includes a clear statement that it serves as a modification of the affected Land Use Plan as of the date on which the modification was approved. (Ord. 23-03)