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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)
A. Purpose: The purpose of this Section is to allow administrative approval of changes to property boundaries in certain situations when such adjustments are likely to have no impact or minimal impacts on surrounding properties or the provision of public services.
B. Applicability: Changes may be made to the boundaries of platted lots without the necessity of replatting or vacation and platting only if the criteria below are met:
1. An engineering error was made on the original plat; or
2. No additional lot is being created and:
a. The proposed lotting pattern meets all requirements of this UDC including adequate setbacks and area requirements for any existing development;
b. The proposal has been properly submitted to the Manager and reviewed by all appropriate agencies, with no agency having objections to the adjustments;
c. Only two (2) whole platted lots or a platted lot and a platted tract may be involved in a single action. Neither lot involved may have received a prior Property Boundary/Lot Line Adjustment; or approval of issuance of Building Permit to previously platted lands; or a combination of lots for zoning purposes. The fifteen (15) percent limitation in Subsection e below may not be circumvented by submitting a series of Property Boundary/Lot Line Adjustment requests;
d. Actions requiring approval of both a Building Permit for previously platted lands and a Property Boundary/Lot Line Adjustment are prohibited, unless the Manager waives this limitation for lots located within an area of common or central ownership (such as a townhouse development);
e. In situations where the Property Boundary/Lot Line Adjustment is between a lot and a surrounding lot or platted tract, the surrounding lot or tract may receive as many adjustments as are necessary so as to allow each contained lot to be adjusted one time; and
f. No more than fifteen (15) percent of the area of any one platted lot is involved in the adjustment. Basic lot configurations cannot be changed through this process. For example, two (2) north-south oriented lots cannot be changed to two (2) east-west oriented lots. On a typical seventy (70) foot by one hundred and ten (110) foot residential lot, the procedure allows one side property line to be moved up to ten (10) feet, or an area of up to one thousand, one hundred (1,100) square feet to be changed. It does not allow a lot to be totally shifted ten (10) feet in one direction or another because such a shift involves a minimum of three (3) lots.
C. Property Boundary/Lot Line Adjustment Process
1. Application Submission: The applicant shall submit all of the following:
a. A completed application form, as required by the Manager, together with any applicable fees.
b. Proof of ownership of each of the lots involved and written concurrence of each of the owners with the proposed changes.
c. The number of copies of a certified property survey 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, taken from the instrument granting the easement, and the recording information (book and page or reception number) of that instrument.
(3) Adjacent rights-of-way with dimensions.
(4) All existing utilities.
(5) All existing structures that will remain, with dimensions to existing and proposed property lines.
(6) North arrow and scale.
(7) The City file number related to the Property Boundary/Lot Line Adjustment in the lower right-hand corner within the border.
(8) Information on all survey monuments recovered or set and used in determination of property boundaries.
(9) Approval statement per the Property Boundary Adjustment Application Requirements.
2. 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, comment, and recommendations for compliance with their requirements.
3. Manager's Action: The Manager shall either approve or disapprove the request based on the provisions of Section 7.5.409 (General Criteria for Approval). The request shall be approved by signing a copy of the submitted survey. The signed copy of the Property Boundary Adjustment shall be recorded in the records of the El Paso County Clerk and Recorder. If the request is disapproved, the Manager shall notify the applicant with all reasons for denial clearly specified.
4. Easements: Existing platted easements adjacent to the property line being adjusted shall remain in their original locations as platted unless relocated or vacated by the City or the other applicable easement holder.
5. Transfer of Property: Approval of a property boundary adjustment does not transfer property between the two (2) affected property owners. The real estate transfer must be achieved through separate action by both property owners involved, such as a quitclaim or other deed. (Ord. 23-03)
A. Purpose: The purpose of this Section is to provide a mechanism for the City to evaluate a request to vacate a plat or to vacate a public right-of-way.
B. Applicability: A Vacation Plat is required to revert property to acreage or vacate a dedicated public street or alley.
C. Vacation Plat Process:
1. The applicant shall submit the vacation request and any related information to the Manager.
2. The public notice requirements of Section 7.5.406 (Public Notice) shall apply to a Vacation Plat involving a public street or right-of-way.
3. The Manager shall refer the complete vacation request to other affected City departments or agencies and to other governmental agencies as required by law for their review and comment.
4. If it does not involve dedicated public streets or rights-of-way, the Vacation Plat request shall be reviewed and approved administratively by the Manager in accord with the following procedures.
a. The Manager shall review and notify the applicant in writing of any required modifications.
b. Following review of a complete application, if the proposed Vacation Plat does not contain dedicated public streets or alleys, consideration of the Vacation Plat shall be processed pursuant to the procedures for Final Plats in Section 7.5.518 (Final Plat or Replat).
5. If the proposed Vacation Plat contains dedicated public streets or rights-of-way:
a. The Manager shall notify the applicant in writing of the comments and recommendations of reviewing agencies. If the Vacation Plat involves an accompanying application requiring Planning Commission action, the Vacation Plat shall be presented to the Planning Commission for consideration in conjunction with the application and then forwarded to City Council for consideration. Otherwise, the Vacation Plat shall be placed on the next City Council agenda for which public notice can be given.
b. The City Council shall approve the Vacation Plat, or approve it with conditions, by adoption of an ordinance, or shall deny the Vacation Plat. City Council shall approve the application only if it complies with the following criteria:
(1) The right-of-way is no longer needed for public transportation purposes;
(2) The vacation will not adversely impact use of the right-of-way for public utility and/or drainage purposes;
(3) The vacation will not adversely impact the uniform width of the remaining portions of the public right-of-way along the block frontage for which vacation is sought;
(4) Access to lots or properties surrounding the public right-of-way will not be adversely affected; and
(5) The vacation is consistent with the purpose of this UDC.
c. An action by the City Council in vacating a dedicated public street or alley shall become final on adoption of the vacation ordinance and may not be reconsidered or rescinded.
d. If City Council approves a Vacation Plat, the applicant shall submit to the Planning Department a mylar copy of the Vacation Plat. The City shall be responsible for recording the Vacation Plat with the Clerk and Recorder of El Paso County.
D. Vacation Plat Requirements:
1. Preparation: A Vacation Plat shall consist of both a Preliminary and Final Plat. The Vacation Plat shall be clearly and legibly prepared by a professional land surveyor licensed by the State of Colorado. The plat shall comply with the provisions of this Section 7.5.522 and state law.
2. Application Submission: In addition to complying with Section 7.5.403 (Application Submission), the applicant shall submit the required number of Vacation Plats indicated on the application form.
3. Specifications of a Vacation Plat:
a. Sheet Size: The sheet size shall be twenty-four (24) inches by thirty-six (36) inches including one-half inch border with "landscape" orientation. North may be oriented from plus ninety (90) degrees to minus ninety (90) degrees of "True North."
b. Scale: The Vacation Plat shall be drawn to a scale acceptable to the City Engineer.
4. Information Required to Be Shown on a Vacation Plat:
a. Description: A clear description for the title of the area being vacated.
b. Subdivision Name, Subtitle: The name of the subdivision shall be included at the top of each sheet, followed by a subtitle identifying the section, township, and range information along with City, County, and State.
c. Property Description: An accurate and clear property (legal) description of the overall boundary of the subdivision with the acreage of the subdivision. All courses in the property (legal) description shall be shown and labeled on the plat drawing, with all bearings having the same direction as called out in the legal description. The only exception being where more than one description is required, going a different direction over the same course. The direction shall then hold for the description having more weight (i.e., the overall boundary) for purposes of the plat. If both record and "as measured" dimensions are being used, the applicant shall show both and have each clearly labeled on the plat drawing. Point of commencement and/or point of beginning shall be clearly labeled on the plat drawing.
d. Vicinity Map: A vicinity location map necessary to locate the plat.
e. Preparation Date: Date of preparation, scale, and north point.
f. Surveyor's Statement: All Plats shall have a surveyor's statement shall reading as follows:
"The undersigned professional land surveyor licensed in the State of Colorado, hereby states and declares that the accompanying Vacation Plat was surveyed and drawn under his/her responsible charge and accurately shows the described tract of land and vacation thereof, and the requirements of Title 38 of the Colorado Revised Statutes, 1973, as amended, have been met to the best of his/her knowledge and belief."
g. General Information: All plats shall have the following statement, with signature blocks for signature by the Mayor and Attestation by the City Clerk:
"Be it known by these presents:
"Pursuant to Ordinance No. _____________, made and adopted by the City Council on ____ day of _______, 20__, the City of Colorado Springs, Colorado, a home rule city and Colorado municipal corporation, does hereby vacate the land set forth on this Vacation Plat and shall be known as "________________" located in the City of Colorado Springs, County of El Paso, State of Colorado.
City Approval:
On behalf of the City of Colorado Springs, the undersigned hereby approve for filing the accompanying Vacation Plat of "_________________".
______________________
Mayor
Attest: _________________
City Clerk
State of Colorado
County of El Paso
This instrument was acknowledged before me on _________, 20__ by _____________, as Mayor, and by _____________, as City Clerk, of the City of Colorado Springs.
Witness my hand and official seal.
Notary Signature
My commission expires: ____________
_________________________ ______________ ___________________
City Planning Director Date
_________________________ ______________ ___________________
City Engineer Date
_________________________ ______________ ____________________
Colorado Springs Utilities Chief Executive Officer Date"
h. Statement of Ownership and Acknowledgment: All plats shall have a notarized signature of the owner confirming ownership of the land included in the plat and acknowledging the owner's consent to recording of the plat.
i. Layout: The exact layout including:
(1) Boundary Lines: The boundary lines with accurate distance and bearings, the exact location and width of all existing or recorded streets intersecting the boundary of the tract.
(2) Dimension, Relative Bearing, Curve Data: The length of all arcs, internal angles, and points of curvature.
(3) Easements: All existing public drainage and/or utility easements as recorded, may be subject to reservation of said easements as defined in Section 2 of the Vacation Ordinance for existing drainage and utility installations. The Plat shall include a note that states:
"The vacated portions of right-of-way are subject to the reservation of easements as set forth in Section 2 of the City of Colorado Springs Ordinance No. ____" (if the easement types are known that are going to be retained as described within Section 2 of the Ordinance, that information can be added to the note).
(4) Lots, Blocks, and Identification System: All lines of lots, blocks, identification system and other parcels of land as recorded.
(5) Streets: The plat shall show the right-of-way lines, widths, locations, and street names of all streets as recorded within, and immediately adjacent to the property being vacated.
(6) Inundation Mark: As recorded on the previous plat.
j. Square Footage of Area: The area in square feet of that which is sought to be vacated.
k. City File Number: The city file number shall be shown in the lower right-hand corner within the border on all sheets.
l. Monuments: All monuments used to determine and or describe a boundary (including basis of bearings, point of beginning, and point of commencement shall be shown and clearly labeled. If monuments for corners defined by the plat, or otherwise necessary for an accurate definition of the area contained within the plat, are found to be missing in the field, those monuments shall be replaced and set in accordance with the requirements of the State of Colorado. (See Final Plat requirements for exterior boundary corners being set or recovered).
m. Other: All other information required by State law. (Ord. 23-03)
A. Purpose: The purpose of this Section is to allow the requirement for a replat to be waived in single-family developments within older subdivisions in order to alleviate the time and expense platting in areas where original platting information may be hard to obtain or inaccurate. It is not the purpose of this Section to promote the subdivision or resubdivision of lots without filing a Final Plat.
B. Applicability: This Section authorizes the waiver of a replat only for properties that meet all the following criteria:
1. The current legal description comprises one of the following:
a. A Lot of Record;
b. The consolidation of multiple whole platted lots;
c. Portions of one (1) or more platted lots and the parcel contains the minimum lot area and minimum width for the zone district in which the property is located; or
d. A platted lot and an unplatted portion of vacated right-of-way.
2. If the legal description of the subject property consists of a portion of one (1) or more platted lots, proof must be provided that any illegal subdivision of the property was completed at least eighteen (18) years before submission of the waiver of replat.
3. The owner agrees to convey any rights-of-way that would normally be required as a condition of a replat. If this is required, the owner must convey the right-of-way by a separate deed and pay for the preparation and recording of the deed after the deed is approved by City Real Estate Services.
4. No major public improvements such as drainage structures are required.
5. Approved direct access to an acceptable, existing public street exists.
6. The applicant agrees to pay applicable fees that would normally be paid prior to recording of the replat.
7. The applicant agrees to convey easements required for utilities and access.
8. No structures exist across external property lines of the ownership configuration.
C. Waiver of Replat Process:
1. Application Submission:
a. A completed application form, as required by the Manager, together with any applicable fees;
b. Proof of ownership;
c. Proof of the date of the creation of the legal description of the parcel under consideration;
d. The date of annexation of the pa rcel;
e. Copy of the recorded plat in order to verify rights-of-way;
f. A waiver of replat plan, drawn to scale, that includes all of the following:
(1) All of each platted lot of which the parcel is a part;
(2) The boundaries and dimensions of the ownership configuration;
(3) Location, dimensions, and setbacks of all existing structures;
(4) Existing utilities located on the site, clearly labeled;
(5) Location, names, and rights-of-way of all adjacent streets and alleys;
(6) All access points on property adjacent to or across the street from the applicant's property;
(7) A bar scale and north arrow;
(8) The legal description of the parcel, taken from the deed to the property, and the recording information (book and page or reception number) of that deed;
(9) The book and page and/or reception number of the recorded plat of which this parcel is a part;
(10) The owner's name, address, and phone number; and
(11) The City file number related to waiver of replat in the lower right-hand corner within the border;
(12) A complete property owner authorization and notarization of the ownership statement along with the City approval statement outlined in the Waiver of Replat Application Requirements; and
(13) The following note if applicable:
"This waiver of replat has been surveyed and/or prepared by… (Individual or firm)… for the purpose of the depiction of the improvements and property lines of this document. All monuments shown on said waiver of replat are for informational purposes only and do not represent a land survey plat or improvement survey plat and no stamp or signature by the surveyor is necessary."
2. Distribution: The Manager shall date and file the application and shall transmit copies of the site plan to those agencies having an interest in the proposed Building Permit for their review and comments.
3. Manager's Action: The Manager shall either approve, approve with conditions, or deny the request based upon compliance with the criteria in this Section. If the Manager approves the request, the site plan shall be recorded with the El Paso County Clerk and Recorder's Office. If the Manager approves the request with conditions, the applicant shall fulfill the conditions of approval prior to the issuance of Certificate of Occupancy. If the Manager denies the request, the Manager shall provide notification to the applicant with all reasons for denial clearly specified.
4. Easements: Unless vacated through a separate process by City Real Estate Services, existing easement(s) adjacent to the property line shall remain in their original locations as platted or created. (Ord. 23-03)
VARIANCES AND ADJUSTMENTS
A. Purpose: The purpose of the Administrative Adjustment procedure is to allow for minor deviations from otherwise applicable UDC development standards without a public hearing.
B. Applicability:
1. The Administrative Adjustments in this Section 7.5.524 are available for consideration during review of a Development Plan or Final Plat for all types of development in all zone districts except the FBZ district unless limited by Subsections 2 through 7 below or by another provision of this UDC. Administrative Adjustments shall not be available for the purpose of reducing a distance requirement for an Affected Party under Section 7.5.415 (Appeals).
2. Administrative Adjustments shall apply in the following situations:
a. The Manager has the authority to authorize adjustments up to fifteen (15) percent from any dimensional standard or numerical requirement set forth in this UDC, including standards or requirements in:
(1) Part 7.4.2 (Dimensional Standards);
(2) Part.7.4.4 (Access and Connectivity);
(3) Part 7.4.10 (Parking and Loading); and
(4) Part 7.4.11 (Building Design and Site Features).
b. If the Manager determines that existing developments do not comply with Part 7.4.2 (Dimensional Standards) in order to preserve the usability of a legal non-conforming development the Manager may approve Administrative Adjustments to the standards in Part 7.4.2 greater than fifteen (15) percent but only up to existing conditions.
c. Except as stated in Subsection b above, any adjustment request greater than fifteen (15) percent shall be treated as a Non-Use Variance that requires approval pursuant to Section 7.5.525.
d. Requests for Administrative Adjustments authorized by Subsections a and b above may be combined into a single request.
3. Adjustments to Part 7.4.9 (Landscaping and Green Space) are subject to requirements specified in Section 7.4.913 (Alternatives and Adjustments).
4. Administrative flexibility in the FBZ district is available only pursuant to Subsection 7.2.307G (Regulatory Incentives).
5. Alternate requirements and procedures for administrative relief may be included as a part of an FBZ regulating plan.
6. An Administrative Adjustment is not available if a similar adjustment or exception to a UDC standard is available to the applicant pursuant to Section 7.4.202 (Incentives), unless the applicant has already provided the benefit required by Subsection 7.4.202C (Additional Allowances for Incentive Developments). Administrative Adjustments are available to supplement, but not to replace or to avoid the need to provide those benefits required in return for additional allowances available under Subsection 7.4.202C (Additional Allowances for Incentive Developments).
7. Applications to modify development approvals and permits after initial approval or approval with conditions are not eligible for Administrative Adjustments but are instead reviewed under Section 7.5.516 (Modification of Approved Applications).
C. General:
1. An Administrative Adjustment shall apply only to the specific site for which it is requested and shall not establish a precedent for approval of other requests.
2. Each approved Administrative Adjustment and any conditions on the approval shall be indicated on the final associated application.
3. All requested amendments to the originally approved Administrative Adjustment shall be processed in the same manner as the original Administrative Adjustment request.
D. Administrative Adjustment Process:
1. Application: A separate application for an Administrative Adjustment shall be submitted to the Planning Department and shall include a written justification for the type of Adjustment being requested.
2. Public Notice: No public notice for a requested Administrative Adjustment is required unless approval of the underlying application requires public notice, in which case the required public notice shall summarize the type of standard for which an Administrative Adjustment is requested.
3. Decision by Manager: The Manager shall decide whether to approve, approve with conditions, or deny a request for Administrative Adjustment pursuant to the criteria in Subsection E below. If approved or approved with conditions, the approved Adjustments and any conditions shall be noted on the Development Plan or Final Plat.
E. Criteria for Approval:
1. General:
a. If Subsections 2 (Contextual Standards), 3 (Preserving Valuable Trees), or 4 (Subdivision Regulations) below do not apply, the Manager may approve or approve with conditions the requested Administrative Adjustment if the Manager determines that all of the following criteria are met.
(1) The strict application of the regulation in question is unreasonable given the development proposal or the measures proposed by the applicant or that the property has extraordinary or exceptional physical conditions that do not generally exist in nearby properties in the same zone district and such conditions will not allow a reasonable use of the property in its current zone in the absence of relief;
(2) The intent of the specific regulation in question is met;
(3) The granting of the Administrative Adjustment will not result in an adverse impact on surrounding properties; and
(4) The granting of the Administrative Adjustment will not allow an increase in the number of dwelling units on a parcel above the permitted density in the zone district.
b. If the Manager finds that the applicant has not met the above criteria, the applicant may request that the application be forwarded to the City Planning Commission as an application for a Non-Use Variance.
2. Contextual Standards:
a. The Manager may use this Subsection 2 to approve or approve with conditions an Administrative Adjustment to the UDC standards for maximum building height and to front, side, street side, and rear setbacks on properties that were developed and within the City on February 13, 1951, or that were already developed but unplatted when the properties were annexed to the City after that date because platting was not required in El Paso County at the time the properties were developed.
b. The average dimensional standard for developed properties of the same type within the block face on which the property is located shall be the minimum contextual standard that can be approved as an Administrative Adjustment. If the Manager determines that the block face on which the property is located is not representative of the surrounding development context, the Manager may extend the calculation to properties on adjacent block faces that the Manager determines are of the same and representative of the same context.
c. The Manager may approve or approve with conditions the requested Administrative Adjustment for contextual standards if the Manager determines that the request will allow infill development to be more closely aligned with the context of surrounding development than if the maximum height or minimum setbacks in the zone district were met.
d. If the Manager finds that the applicant has not met the above criteria, the applicant may request that the application be forwarded to the City Planning Commission as an application for a Non-Use Variance.
3. Preserving Valuable Trees:
a. If the Manager determines that the strict application of parking standards in Part 7.4.10 (Parking and Loading) will cause the removal or destruction of high value or rare trees, the Manager may approve Administrative Adjustment to preserve those trees.
b. Only the standards of Part 7.4.10 (Parking and Loading) may be approved pursuant to this Subsectio n.
c. The Manager may approve or approve with conditions if the Manager determines that tall of the criteria in Subsections E.1 and E.2 above are met, and that all the following additional criteria are also met:
(1) A qualified professional forester has determined that each tree to be preserved is healthy; is eight (8) inches or larger diameter at breast height; is high value or rare, and that necessary measures to ensure continued tree health will be used in site design and construction; and
(2) The Traffic Engineer has determined that the surrounding property will not be adversely affected by the requested Administrative Adjustment.
d. If the Manager finds that the applicant has not met the above criteria, the applicant may request that the application be forwarded to the City Planning Commission as an application for a Non-Use Variance.
4. Subdivision Regulations: If an Administrative Adjustment request for the requirements of Section 7.4.302 (Design Standards) relate to approval or modification of a Final Plat, the provisions of Subsections 1 through 3 above do not apply. Instead the Manager, after consultation with the City Engineer, Public Works Director, Fire Department, and other relevant City officials involved in subdivision review, may approve the request if the Manager determines that the adjustment is the minimum adjustment necessary to respond to terrain, soils, engineering, utility, and access constraints, while conforming with the purposes of Subsection 7.4.301A (Subdivision Standards Purpose) and complying with other applicable standards in this UDC to the maximum extent feasible.
F. Post-Approval Actions and Limitations:
1. Each approved Administrative Adjustment and any conditions on the approval shall be indicated on the final associated application.
2. An approved Administrative Adjustment shall run with the land, shall have the same period of validity and shall be subject to expiration on the same terms as the final associated application.
3. All requested amendments to the originally approved Administrative Adjustment shall be processed in the same manner as the original Administrative Adjustment request. (Ord. 23-03)
A. Purpose: The Development Standards Adjustment process provides a mechanism for the Planning Commission to authorize deviations from certain development standards in Article 7.4 (Development Standards and Incentives), allowing development to occur in a manner that meets the intent of this Code, yet through an alternative design that does not strictly comply with the Code's standards. This Section authorizes a site-specific development alternative that is equal to or better than the strict application of the standards of this UDC.
B. Applicability: The Planning Commission shall have the authority to authorize adjustments to standards in the following Sections of this UDC pursuant to this Section 7.5.525:
1. Part 7.4.2 (Dimensional Standards);
2. Part 7.4.10 (Parking and Loading); and
3. Part 7.4.11 (Building Design and Site Features).
C. General: A Development Standards Adjustment shall apply only to the specific site for which it is requested and shall not establish a precedent for approval of other requests.
D. Development Standards Adjustment Process:
1. Application:
a. A separate application for a Development Standards Adjustment shall be submitted to the Planning Department and shall include a written justification for the type of Development Standards Adjustment being requested.
b. Each approved Development Standards Adjustment shall be indicated on the final associated application if required.
2. Decision by Planning Commission: The Planning Commission shall decide whether to approve, approve with conditions, or deny a request for a Development Standards Adjustment pursuant to the criteria in Section 7.5.416 (Appeals). Conditions may include entering into an agreement that specifies how the applicant will provide the compensating benefits. If approved or approved with conditions, the approved Development Standards Adjustment and any conditions shall be noted on the Development Plan or Final Plat.
E. Criteria for Approval: The Planning Commission may approve or approve with conditions a Development Standards Adjustment if the Planning Commission determines that the proposed alternative design meets the following criteria:
1. The alternative design achieves the intent of the subject standard to the same or better degree than the standard for which a waiver is requested;
2. When considered together with compensating benefits, the alternative design advances the goals and policies of this UDC to the same or better degree than the standard for which a waiver is requested;
3. The alternative design imposes no greater impacts on adjacent properties that would occur through compliance with the specific requirements of this UDC; and
4. The alternative design provides compensating benefits that are reasonably related to the proposed waiver and would not otherwise be required by this UDC or State law. Compensating benefits may include one or a combination of the following:
a. Benefits to the general public:
(1) Parks, trails, or other similar public or cultural facilities;
(2) Public landscape buffers or beautification areas;
(3) Public art;
(4) Permanent conservation of natural areas or lands;
(5) Increased building setbacks;
(6) Decreased building height; or
(7) Other benefits as agreed upon by the Planning Commission.
b. Benefits the users, customers, or residents of the proposed development:
(1) Green space or public open space, trails, or other similar recreational amenities;
(2) Upgrades in architectural design;
(3) Increased landscaping;
(4) Increased buffering;
(5) Permanent conservation of natural areas or lands;
(6) Secure bicycle facilities, where appropriate; or
(7) Other benefits as agreed upon by the Planning Commission or City Council.
F. Post-Approval Actions and Limitations:
1. Each approved Development Standards Adjustment and any conditions on the approval shall be indicated on the final associated application.
2. All requested amendments to the originally approved Development Standards Adjustment shall be processed in the same manner as the original Waiver request.
3. The Manager shall negotiate any agreement required as a condition of approval. (Ord. 23-03)
A. Purpose: The purpose of this Section is to provide for Planning Commission review of applications for variations from the provisions of Article 7.4 (Development Standards and Incentives) submitted in conjunction with an application for a Development Plan, so that the variance request may be reviewed and a decision made in conjunction with the accompanying application.
B. Applicability: This Section applies to a request that is not related to the type of use and deviates over fifteen (15) percent from any dimensional standard or numerical requirement set forth in this UDC.
C. General:
1. A Non-Use Variance shall apply only to the specific site for which it is requested and shall not establish a precedent for approval of other requests.
2. Each approved Non-Use Variance and any conditions on the approval shall be indicated on the final associated application.
3. All requested amendments to the originally approved Non-Use Variance shall be processed in the same manner as the original Non-Use Variance request.
D. Non-Use Variance Process: The Planning Commission shall review the Non-Use Variance application at a public hearing and approve, approve with conditions, or deny the application based on the criteria in Subsection E below:
E. Criteria for Approval: A Non-Use Variance may be approved if the Planning Commission determines that:
1. The application complies with any standards for the use in Part 7.3.3 (Use-Specific Standards);
2. The property has extraordinary or exceptional physical conditions that do not generally exist in nearby properties in the same zone district;
3. That the extraordinary or exceptional physical condition of the property will not allow a reasonable use of the property in its current zone in the absence of relief;
4. That the granting of the Non-Use Variance will not have an adverse impact upon surrounding properties; and
F. Post-Approval Actions and Limitations:
1. Each approved Non-Use Variance and any conditions on the approval shall be indicated on the final associated application.
2. All requested amendments to the originally approved Non-Use Variance shall be processed in the same manner as the original Non-Use Variance request.
3. A Non-Use Variance approved with a Development Plan shall run concurrently with that approval, shall expire, and shall terminate at the same time as the Development Plan.
4. In the event buildings with an approved Non-Use Variance on an approved Development Plan are damaged or destroyed by fire or other natural causes, the buildings may be rebuilt according to the approved Development Plan on file with the City. All necessary Building Permits must be obtained within four (4) years of the date of destruction, unless an extension has been approved by the Manager due to extraordinary circumstances. (Ord. 23-03)
A. Purpose: The purpose of this Section is to provide for City Council review of applications for variations from the permitted uses of any zoning district as outlined in this UDC. The granting of a Use Variance from the requirements of this UDC may be authorized when an unnecessary hardship would result from the strict enforcement of established regulations.
B. Applicability:
1. This Section applies to all requests for approval of a use of land or a structure that is not listed in Part 7.3.2 (Allowed Use Tables) as a Permitted or Conditional Use in the base and any applicable overlay zone district(s) where the property is located.
2. A Use Variance is not available for:
a. Properties that have been subject to a rezoning request at any time in the past eighteen (18) months.
b. New construction or development on unimproved property.
c. A use of a higher intensity and less restriction than what is permitted in the established zone district of the subject property.
C. General:
1. All requested amendments to the originally approved Use Variance shall be processed in the same manner as the original Use Variance request.
2. A Use Variance shall apply only to the specific site for which it is requested and shall not establish a precedent for approval of other requests.
D. Use Variance Process:
1. Planning Commission Recommendation: The Planning Commission shall review the application at a public hearing and shall forward its recommendation to City Council based on the approval criteria in Subsection E below. The Planning Commission may recommend approval, approval with conditions, denial, or may decide not to make a recommendation on the proposed amendment.
2. City Council Decision: The City Council shall review the application and the recommendation from the Planning Commission at a public hearing and make a decision based on the approval criteria in Subsection E below.
E. Criteria for Approval: The City Council may approve the application or approve it with conditions if Council finds that the following criteria have been met;
1. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to the property or class of uses in the same zone so that a denial of the Use Variance would result in undue property loss and not solely a mere inconvenience or financial disadvantage;
2. That the Use Variance is necessary for the preservation and enjoyment of a property right of the and if not approved, the property or structure cannot yield any beneficial use;
3. That the Use Variance will not be detrimental to the public welfare or convenience nor injurious to the property or improvements of other owners of property;
4. That the hardship is not the result of the applicant's own actions;
5. That because of these conditions, the application of the UDC prohibition on the requested use on the subject property would effectively prohibit or unreasonably restrict the use of the property; and
6. That the Use Variance is not being requested primarily to avoid the time or expense of complying with UDC standards generally applicable to similar properties and development.
F. Post-Approval Actions and Limitations:
1. Each approved Use Variance and any conditions on the approval shall be indicated on the final associated application.
2. Any change to the approved Use Variance shall be processed as a Major Amendment and will be decided upon by the City Council. (Ord. 23-03)
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