A. Purpose: The purpose of this Section is to allow for administrative approval of adjustments to platted preservation areas.
B. Applicability: This Section applies to all plats that include any areas designated as preservation areas on the recorded plat.
C. Preservation Area Boundary Adjustment Process:
1. Application Submission: The applicant shall submit all of the following:
a. A written justification for the request, including explanations of:
(1) Why the area to be removed from the preservation area does not meet the definition of a preservation area;
(2) How the preservation area retains the overall intent of any applicable HS-O district; and
(3) How additional land intended to offset the removal of area within the preservation area meets the definition of preservation area.
b. A completed application form, as required by the Manager, together with any applicable fees.
c. Proof of ownership.
d. The number of copies of a Preservation Area Boundary Adjustment required by the Manager, which shall include:
(1) The subdivision name, lot(s) and block numbers, and the book and page of the recorded plat;
(2) All existing lot lines and easements with dimensions;
(3) All preservation area boundaries, as originally approved and as proposed;
(4) Adjacent right-of-way with dimensions;
(5) All existing structures with dimensions to property lines;
(6) North arrow and scale;
(7) The following statement:
"The Preservation Area Boundary Adjustment has been reviewed and approved by the City of Colorado Springs and is henceforth to be considered the valid lot(s) configuration for purposes of the City Codes and Ordinances."
(8) The following owner statement and signature blocks along with the City approval block as defined on the Preservation Easement Adjustment Application Requirement:
"I, being the owner of the following described property (type legal description), do hereby request that the preservation area boundaries of said property be adjusted as shown in the attached certified property survey and that this henceforth be considered the valid lot(s) configuration for purposes of the City Codes and Ordinances."
(9) If a Drainage Easement was originally platted within the established Preservation Area, the Drainage Easement shall be vacated via separate instrument.
2. Public Notice: The public notice requirements of Section 7.5.406 (Public Notice) apply.
3. Distribution: The Manager shall date and file the application and within three (3) working days of submission shall transmit copies of the survey to the appropriate agencies for review, comments, and recommendations for compliance with their requirements.
4. Action:
a. If the proposed adjustment involves no more than three (3) lots, the Manager shall review the application and shall either approve or deny the request. If the request is approved, a signed copy of the survey shall be recorded in the records of the El Paso County Clerk and Recorder. If the request is denied, the Manager shall notify the applicant with all reasons for denial clearly specified.
b. If the proposed adjustment involves four (4) or more lots, the Planning Commission shall review the application and shall either approve or deny the request. If the request is approved, a signed copy of the survey shall be recorded in the records of the El Paso County Clerk and Recorder. If the request is denied, the Manager shall notify the applicant with all reasons for denial clearly specified. (Ord. 23-03)