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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)
OTHER PROCEDURES
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