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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
A. Purpose: The purpose of this Section is to regulate the approval of construction related to, alterations to, demolitions of, and relocations of structures in the HP-O district.
B. Applicability: This Section applies to all structures in the HP-O district.
C. Construction, Alteration, Demolition, or Relocation Approval Process:
1. Deferral of Building Permit by Regional Building Official: When the Building Official receives an application for any of the following actions related to a historic resource designated by City Council, and the proposed work would be visible from a public right-of-way, the Building Official shall defer action on the application except as provided in Subsection 5 below until the application is accompanied by a report of acceptability from the Historic Preservation Board:
a. Alteration or reconstruction of or addition to the exterior of any structure including signs, or improvement that is within the HP-O district for which a Building Permit is required.
b. Demolition or relocation of any structure including signs or improvement or object to or from the HP-O district for which a permit is required.
c. Construction or erection of or addition to any structure including signs or improvement upon any land that is within a HP-O district for which a permit is required.
2. Report of Acceptability and Related Decisions:
a. Major and Minor Work: As used in this Section 7.5.528, minor work includes any work that will not alter any distinctive feature or any improvement of the historic structure, and major work includes any work that will alter any distinctive feature or any improvement of the historic structure.
b. Major Work:
(1) If the initial application or later review by the minor work committee shows that the proposed work is major work, the report of acceptability shall be acted upon by the Historic Preservation Board within twenty-eight (28) days after its receipt.
(2) If upon receipt of an application for a report of acceptability, the Historic Preservation Board finds that the proposed work is of a nature that will not erode the authenticity of or destroy any distinctive exterior feature of the structure or improvement and is compatible with both the distinctive characteristics of the HP-O district and with the spirit and purpose of this UDC, the Board shall so advise the applicant in writing by issuing a report of acceptability and shall affix its seal to the plans and specifications for the approved work.
(3) In determining the decision to be made concerning the issuance of a report of acceptability, the Board shall consider the following:
(a) The effect of the proposed work upon the general historical and architectural character of the HP-O district;
(b) The architectural style, arrangement, texture, and materials of existing and proposed structures, and their relation to the structures in the HP-O district;
(c) The effects of the proposed work in creating, changing, or destroying the exterior architectural features of the structure upon which such work is to be done;
(d) The effect of the proposed work upon the protection, enhancement, perpetuation, and use of the HP-O district; and
(e) Evaluation of City Council approved Design Standards.
c. Minor Work:
(1) To obtain a report of acceptability for minor work, the applicant shall submit with the Building Permit application such documentation as determined necessary by the Manager.
(2) If the Historic Preservation Board finds that the proposed work is of a nature that will not erode the authenticity of or destroy any distinctive exterior feature of the structure of improvement and is compatible with both the distinctive characteristics of the historic preservation overlay zone and with the spirit and purpose of this UDC, the Manager shall so advise the applicant in writing by issuing a report of acceptability.
d. Building Official Action Following Deferral
(1) Upon receipt of the report of acceptability and plans and specifications, the Building Official may proceed with the review of the application for a Building Permit.
(2) No change that would defeat the purpose of this UDC shall be made in an application for a Building Permit or the plans and specifications for the proposed work approved by the Historic Preservation Board without resubmittal to the Board and approval of such changes in the same manner as the original application.
e. Unacceptable Work on Property that is Not Nationally Designated:
(1) If no part of the property that is the subject of the application is listed on the National Register of Historic Places, and the proposed work is not found acceptable, the Historic Preservation Board shall explore with the applicant all means for substantially preserving the improvement that would have been affected by the required permit.
(2) If the Historic Preservation Board and applicant, after a period of ninety (90) days from the receipt of the application by the Board are unable to develop either alternative plans or an appropriate public or private use for the structure, the Board shall document the reasons for the inability of the Board and applicant to agree, and the applicant may obtain the appropriate permit from the Building Official to complete the actions included in the application in compliance this UDC and all other City codes and regulations.
(3) The investigations by the Historic Board with the applicant under this Section may include but are not limited to:
(a) The feasibility of modification of the plans reflected in the application;
(b) The feasibility of any alternative private use of the structure or structures that would substantially preserve the original character thereof; and
(c) The possibility of public acquisition of the structure or structures involved for a public purpose.
f. Unacceptable Work on Property in the National Register of Historic Places
(1) If any part of the property that is the subject of the application is listed on the National Register of Historic Places, and the proposed work is not found acceptable, the Historic Preservation Board shall explore with the applicant all means for substantially preserving the improvement that would have been affected by the required permit.
(2) Except as provided in this Section 7.5.528, no demolition or alteration of property listed in the National Register of Historic Places shall be permitted unless the Board first finds that an unreasonable economic or noneconomic hardship will result to the owner if not allowed to demolish or otherwise alter the property.
(3) If the proposed work to construct, modify, or relocate a National Register property is not approved by the Historic Preservation Board, the applicant shall be so advised and no Building Permit shall be issued unless a certificate of hardship has been issued pursuant to Subsection 3 below.
(4) No reapplication shall be submitted pursuant to this Subsection f based on the plans and specifications found unacceptable by the Historic Preservation Board except upon a showing of changed circumstances sufficient to justify the reapplication, as determined by the Board.
3. Determination of Economic Hardship: If the Historic Preservation Board denies an application for a report of acceptability, it may, upon application or on its own motion, consider issuing a certificate of economic hardship.
a. Economic Hardship Procedure:
(1) The Historic Preservation Board may initiate consideration of economic hardship on its own motion, or the applicant may submit the application for consideration of economic hardship to the Secretary of the Board within ten (10) days of the Board's decision denying approval of the application for acceptability.
(2) Upon application or motion for a certificate of economic hardship, the Board shall schedule a public hearing on that application or motion. The public hearing shall be scheduled for the next regular meeting of the Board or may be scheduled as a special meeting of the Board. The hearing shall be noticed to the public as an item on the Board's agenda.
(3) The Board shall determine who may present evidence or testimony during the hearing. The hearing may be continued provided that, prior to the adjournment or recess of the Board meeting, a clear announcement is made by the Board specifying the date, time, and place at which the hearing will be continued.
(4) The Board may solicit expert testimony or require that the applicant for a certificate of economic hardship make submissions of information before rendering its decision.
(5) Any action of the Board approving or denying an application or motion for economic hardship shall be made in open session by a majority vote with at least four (4) Board members present during the vote. The Board's decision to approve or deny shall set forth the Board's findings of fact and, in the event of approval, shall include any special conditions of approval considered by the Board to be necessary to mitigate impacts upon and protect the intent and spirit of this UDC as it relates to the HP-O district.
b. Board Actions Related to Economic Hardship: The Historic Preservation Board shall review all of the evidence and information required of an applicant for a certificate of economic hardship and if the Board finds that without approval of the proposed work the property owner cannot obtain any reasonable economic return, not just profit, on the property, the Board shall:
(1) Make a finding that denial of approval of the proposed work would impose an economic hardship on the property owner; and
(2) Immediately issue a certificate of economic hardship and proceed pursuant to this Subsection 3; or
(3) At its discretion, postpone the issuance of the certificate of economic hardship, provided that:
(a) The postponement period shall not exceed thirty (30) days unless otherwise agreed to by the applicant. During the postponement period, the Historic Preservation Board shall investigate plans and make recommendations to the City Council to allow the property owner a reasonable economic return from the property, or to otherwise preserve the subject property. Such plans and recommendations may include but are not limited to a relaxation of the provisions of this Section 7.5.528, financial assistance, Building Code modifications, and/or changes in zoning regulations.
(b) The Board may request an extension of the postponement period by the City Council. If the City Council determines that there is a program or project underway that could result in public or private acquisition of the building or structure and the preservation or restoration of such building or structure, and that there are reasonable grounds to believe that the program or project may be successful, the Council may extend the postponement period for an additional period for a total postponement period of not more than ninety (90) days from the date of application for a regulated permit.
(c) The Board shall issue a certificate of economic hardship authorizing the work or demolition if, at the end of the postponement period:
(i) The Historic Preservation Board finds that, after review of all of the alternatives, without authorization of the proposed work or demolition, the property owner still cannot obtain any reasonable economic return from the property;
(ii) The applicant has not withdrawn its application for a Building Permit; and
(iii) The applicant otherwise complies with this UDC and other City codes and regulations.
(d) If the Historic Preservation Board does not find that all three (3) of the conditions in Subsection (c) above have been met, it shall deny the application or motion for a certificate of economic hardship.
4. Determination of Noneconomic Hardship: As an alternative to the Determination of Economic Hardship described in Subsection 3 above, if the Historic Preservation Board denies an application for a report of acceptability submitted by an applicant acting in a religious, charitable or otherwise not for profit tax exempt capacity, it may, upon application or on its own motion, consider issuing a certificate of noneconomic hardship.
a. Noneconomic Hardship Procedure:
(1) The Historic Preservation Board may initiate consideration of economic hardship on its own motion, or the applicant may submit the application for consideration of economic hardship to the Secretary of the Board within ten (10) days of the Board's decision denying approval of the application for acceptability.
(2) Upon application or motion for a certificate of noneconomic hardship, the Board shall schedule a public hearing on that application or motion. The public hearing shall be scheduled for the next regular meeting of the Board or may be scheduled as a special meeting of the Board. The hearing shall be noticed to the public as an item on the Board's agenda.
(3) The Board shall determine who may present evidence or testimony during the hearing. The hearing may be continued provided that, prior to the adjournment or recess of the Board meeting, a clear announcement is made by the Board specifying the date, time, and place at which the hearing will be continued.
(4) The Board may solicit expert testimony or require that the applicant for a certificate of noneconomic hardship make submissions of information before rendering its decision.
(5) Any action of the Historic Preservation Board approving or denying an application or motion for noneconomic hardship shall be made in open session by a majority vote with at least four (4) Board members present during the vote. The Board's decision to approve or deny shall set forth the Board's findings of fact and, in the event of approval, shall include any special conditions of approval considered by the Board to be necessary to mitigate impacts upon and protect the intent and spirit of this UDC as it relates to the HP-O district.
b. Board Actions Related to Noneconomic Hardship: The Historic Preservation Board shall review all of the evidence and information required of an applicant for a certificate of noneconomic hardship and if the Board finds that without approval of the proposed work the property is either substantially inadequate for the owner's legitimate needs, or either physically and/or financially prevents or seriously interferes with the owner's religious, charitable or otherwise not for profit purpose, the Board shall:
(1) Make a finding that denial of approval of the proposed work would impose a noneconomic hardship on the property owner; and
(2) Immediately issue a certificate of noneconomic hardship and proceed as in this Subsection 4; or
(3) At its discretion, postpone the issuance of the certificate of noneconomic hardship, provided that:
(a) The postponement period shall not exceed thirty (30) days unless otherwise agreed to by the applicant. During the postponement period, the Historic Preservation Board shall investigate plans and make recommendations to the City Council to render the property adequate for the owner's legitimate needs, or remove serious physical or financial interference with the owner's religious, charitable, or otherwise not for profit purpose, or to otherwise preserve the subject property. Such plans and recommendations may include but are not limited to a relaxation of the provisions of this Section 7.5.528, financial assistance, Building Code modifications, and/or changes in zoning regulations.
(b) The Historic Preservation Board may request an extension of the postponement period by the City Council. If the City Council determines that there is a program or project under way that could result in public or private acquisition of the building or structure and the preservation or restoration of such building or structure, and that there are reasonable grounds to believe that the program or project may be successful, the Council may extend the postponement period for an additional period for a total postponement period of not more than ninety (90) days from the date of application for a regulated permit.
(c) The Board shall issue a certificate of noneconomic hardship authorizing the work or demolition if, at the end of the postponement period:
(i) The Historic Preservation Board finds that, after review of all of the alternatives, without authorization of the proposed work or demolition, the property owner still cannot adequately use the property for legitimate needs, or is either physically and/or financially prevented or seriously hindered from advancing religious, charitable or otherwise not for profit purposes;
(ii) The applicant has not withdrawn its application for a Building Permit; and
(iii) The applicant otherwise complies with this UDC and other City codes and regulations;
(d) If the Historic Preservation Board does not find that all three (3) of the conditions in Subsection (c) above are met, it shall deny the application or motion for a certificate of noneconomic hardship.
5. Remedying of Dangerous Conditions:
a. If the Building Official, Fire Department, or any other public authority having the power to do so orders or directs the construction, reconstruction, alteration, repair, relocation, or demolition of any structure in the HP-O district for the purpose of remedying conditions determined by that official, department, or authority to be imminently dangerous to life, health, or property, nothing contained in this UDC shall be construed as making it unlawful for any person to comply with such order.
b. Any such official, department, or authority shall take immediate steps to notify the Historic Preservation Board of the issuance of any such order or directive and may include in such order or directive any timely received requirements or recommendations of the Board.
6. Waiver of Conditions: Upon a showing of substantial hardship or to protect against an arbitrary result, or both, the Historic Preservation Board may waive such conditions and requirements as are set forth in this UDC, provided that the spirit and purpose of this UDC are not significantly eroded.
7. Limitation on Similar Application:
a. Whenever a request for a report of acceptability, determination of economic hardship, or determination of noneconomic hardship has been finally denied by the Historic Preservation Board, no further application shall be made for a report of acceptability, economic hardship, or noneconomic hardship affecting the same property, or a part thereof, for a period of twelve (12) months from the date of the final action of denial.
b. A property owner may apply to the Historic Preservation Board for an exception to this limitation by specifying and showing that, due to a change of circumstances and the existing condition of the property, a request for a report of acceptability, determination of economic hardship, or determination of noneconomic hardship is substantially different from the previous application.
8. Normal Maintenance and Repair: Nothing in this UDC shall be construed to prohibit the accomplishment of any work on a structure in the HP-O district that will neither change the exterior appearance nor the exterior architectural features of improvements or structures, nor the character or appearance of the land itself, and which is considered necessary as a part of normal maintenance and repair.
9. Notification of State or National Designation: The Manager shall promptly notify the Historic Preservation Board of any known National or State designations of landmark structures or landmark districts within the City. (Ord. 23-03)
A. Purpose: The purpose of the interpretation procedure is to:
1. Provide a uniform mechanism for requesting and rendering formal written interpretations of this UDC; and
2. Provide for consistent decision making for substantially similar applications.
B. Applicability: Any person with a discernible interest in matters governed by this UDC may file a request for an administrative interpretation. The Manager may decline to provide an interpretation.
C. Interpretation Process:
1. Decision:
a. Responsibility: Responsibility for making interpretations of provisions of this UDC is assigned as follows:
(1) The Manager shall be responsible for all interpretations of the provisions of this UDC relating to zoning and subdivision, including but not limited to:
(a) Interpretations as to which is the stricter and thus controlling provision in case of conflict with the UDC and other provisions of this Code;
(b) Interpretations of compliance with a conditional of approval;
(c) Interpretations of whether an unspecified use falls within a use classification, use category, or use type allowed in a zone district;
(d) Interpretations about the applicability or requirements of a development standard; and
(e) Interpretations of the zone district boundaries on the Zoning Map.
(2) The City Engineer or Stormwater Enterprise Manager shall be responsible for interpretation of the engineering provisions in the text of the UDC.
b. Interpretation: The staff responsible for making the interpretation shall review the request for interpretation, consult with the City Attorney and affected City officials, and render a decision based on the following specific approval criteria:
(1) General Interpretation: The interpretation shall be consistent with:
(a) The purposes of this UDC;
(b) The purposes of the zone district (including overlay districts, if applicable) in which the property is located;
(c) Common use of words in the English language if the interpretation is based on the meaning of specific words that are not defined in this UDC, adopted City regulations, or the Colorado Revised Statutes; and
(d) Prior interpretations of the UDC on similar or related topics, to the maximum extent feasible, unless a modification or replacement of a prior interpretation would be more consistent with the criteria in Subdivisions (a) through (c) above.
(2) Use Interpretation:
(a) The Manager shall determine if the proposed use is included in the definition of a listed use or is so similar to a listed use that it should be treated as the same use.
(b) When determining the level of permission or associated use-specific standards, the size, scale, operating characteristics, multimodal traffic impacts, storm drainage impacts, utility impacts, and neighborhood impacts of the proposed use shall be considered.
(c) The Manager shall consult with the City Attorney and affected City officials before rendering the interpretation.
2. Post-Decision Actions or Limitations: The decision on an application for interpretation is subject to the following:
a. Notice:
(1) The Manager shall inform the applicant in writing of the interpretation, stating any specific precedent, the reasons, and the analysis upon which the determination is based.
(2) The decision shall be in writing and made available to the public.
b. Effect of Approval:
(1) The Manager, City Engineer, Stormwater Enterprise Manager, and other City administrative officials shall consider prior interpretations when making decisions related to the same provision of this UDC or the Zoning Map in substantially similar circumstances, unless a higher decision-making body makes a different interpretation, or this UDC is amended to treat the interpretation differently, or the interpretation is reversed or modified on appeal to a court of law.
(2) No written interpretation shall authorize the development, construction, reconstruction, alteration, or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of petitions for any permits and approvals that may be required by the ordinances of the City.
(3) A land use determination finding a particular use to be permitted or allowed as a conditional use in a particular zone district, shall be deemed to authorize only the particular use for which it was issued, and such interpretation shall not be deemed to authorize any allegedly similar use for which a separate land use determination has not been issued.
c. Official Record of Interpretations: The Manager shall maintain a record of written interpretations that shall be available for public inspection, on reasonable request, during normal business hours.
D. Criteria for Interpretations: All interpretations shall be based on the review criteria in Subsection 7.5.407D.3.c (City Council) and the following:
1. Text Provisions: Interpretation of text provisions and their petition shall be based on the following considerations:
a. The clear and plain meaning of the provision's wording, as defined by the meaning and significance given specific terms used in the provision as established in Section 7.6.301 Definitions) and by the common and accepted usage of the term;
b. The intended purpose of the provision, as indicated by purpose statements, its context and consistency with surrounding and related provisions, and any legislative history to its adoption;
c. The general purposes served by this UDC as set forth in Section 7.1.103 (Purpose);
d. Consistency with the Colorado Springs Comprehensive Plan and other plans adopted by City Council; and
e. Consistency with the measurement standards of this UDC including Section 7.6.110.
2. Zoning Map Boundaries: Interpretation of zone district boundaries on the Official Zoning Map shall be in accord with the standards in Section 7.6.109 (Zone District Boundaries) and consistent with the Colorado Springs Comprehensive Plan and other plans adopted by City Council.
3. Use Regulations: Interpretations of land use determinations shall be based on the following considerations:
a. Any listed use defined in Section 7.6.301 Definitions) shall be interpreted as defined in that Part;
b. No land use determination shall authorize any use in any zone district unless evidence is presented demonstrating that it will comply with the general regulations established for that particular zone district;
c. No land use determination shall authorize any use in a particular zone district unless such use is substantially similar to other uses specifically listed as permitted or conditional in such zone district and is more similar to such uses than to other uses listed as permitted or conditional in another zone district;
d. If the proposed use is most similar to a use allowed only as a conditional use in the zone district, then any land use determination authorizing such use shall be subject to conditional use approval pursuant to Section 7.5.601 (Conditional Use); and
e. No land use determination shall allow the establishment of any use that would be inconsistent with the statement of purpose of the zone district in question, unless such use meets the standard of either Subsections b or c above. (Ord. 23-03)
A. Purpose: The purpose of the Street Name Change process is to ensure that any change to the name of streets meets the standards of this UDC.
B. Applicability: Approval of a Street Name Change application is required before the change of the name of any public street, private street, or right-of-way.
C. Street Name Change Process:
1. Planning Commission's Decision: The Planning Commission shall review the Street Name Change application in accordance with Subsection 7.5.407D.2 (Planning Commission, FBZ Review Board) based on the requirements of Subsection 7.4.304H (Street Names). Upon a determination that the application does not meet the requirements of Subsection 7.4.304.H, the Planning Commission shall deny the application. If the application meets the requirements of Subsection 7.4.304.H, the Planning Commission may approve or deny the application in its discretion. (Ord. 23-03)
A. Purpose:
1. It is hereby declared to be the policy of the City that CDI fees shall be required wherever new development, redevelopment, or annexation of existing development into the City causes a need for the capital expansion of public services. It is the purpose of this part to require the payment of Citywide Development Impact Fees ("CDI Fees") whenever new developments are constructed or existing developments are converted to a more intensive use. CDI Fees will be applied and administered as separate fees.
2. The fees provided for in this part shall be recalculated by the Mayor on an annual basis to reflect cost inflation experienced in the average of July to June of each year as calculated by the U.S. Bureau of Labor Statistics, Producer Price Index by Industry: New School Building Construction, PCU236222236222 (or a similar index if the New School Building Construction index is no longer published).
3. This part shall apply to all new buildings and additions to existing buildings constructed within the City, to conversions of existing developments within the City into more intensive uses. City Council may, by resolution, authorize the Manager to discount or rebate CDI Fees for low or moderate-income housing. The Mayor may waive or reduce CDI Fees as an authorized incentive in an economic development agreement as provided for in Article 12 of Chapter 2 of this Code or as approved by Council pursuant to a resolution.
4. The Manager shall assess CDI Fees upon issuance of an entitlement if:
a. The development or redevelopment creates new or additional dwelling units;
b. The development or redevelopment requires a development plan or major or minor amendment to a development plan; or
c. The Manager determines, based upon individualized analysis, that the development or redevelopment would create a substantial need for additional public services.
5. If existing development is redeveloped, CDI Fees shall be due for the incremental difference between the amount that is due for the new, more intensive use and the amount that would be due for the existing, less intensive use.
6. CDI Fees shall be collected prior to issuance of a building permit, or, if no building permit is required for the project, upon approval of a development plan, final plat or other entitlement authorizing the use. No building permit or certificate of occupancy shall be issued until all CDI Fees have been paid.
7. No credit or refund shall be given for redeveloping a parcel to a less intensive use.
B. Land Use Intensity; Fee Tiers: City Council shall, by resolution, determine the intensity of each authorized land use set forth in this Chapter by making findings regarding the extent to which each use will contribute to the need for additional public services and assigning each land use a fee based upon the intensity of the land use. CDI Fees may vary for uses of different intensities and are intended to establish rough proportionality between the amount of any fee and the needs created by the increased demand on public services resulting from intensifying development. City Council may categorically exempt specific uses from CDI Fees upon the finding that such use has a de minimis effect on public services or that the use provides for comparable public services through alternative means.
C. Police Capital Expansion Fee: There is hereby established a police capital expansion fee which shall be imposed pursuant to the provisions of this part for the purpose of funding capital improvements related to the provision of police services, as such improvements may be identified in a capital improvements plan for police services. The amount of such fee shall be established by City Council pursuant to resolution.
D. Fire Protection Capital Expansion Fee: There is hereby established a fire protection capital expansion fee which shall be imposed pursuant to the provisions of this part for the purpose of funding capital improvements related to the provision of fire protection services, as such improvements may be identified in a capital improvements plan for fire protection services. The amount of such fee shall be established by City Council pursuant to resolution.
E. Emergency Services Capital Improvements Plan: The Mayor shall prepare separate capital improvements plans for police and fire protection services that include lists of capital improvements projects anticipated to become necessary due to development within the City. The Mayor may amend the order of priority of capital improvements projects in a capital improvements plan in response to development patterns, annexations and other circumstances identified by the Mayor.
F. Administration of Fees:
1. The entire City may be considered to be a single service area for purposes of calculating, collecting and spending the CDI Fees.
2. Capital improvements projects for public services may be fully or partially funded by CDI Fees, as determined by the Mayor.
3. CDI Fees shall be used only to expand, improve, or construct the City's new capital improvements, facilities, and equipment that have an expected service life of five (5) years or longer and that increase the City-wide police and/or fire protection service level. CDI Fees shall not be used for routine maintenance or replacement of existing equipment or facilities or for personnel. CDI Fees may be used to fund expansion of an existing facility where the expansion increases the level of service.
4. A property owner who dedicates land by plat for a police or fire station at the request of the City may be credited with corresponding police or fire protection capital expansion fees up to the full value of the land at the rate adopted by City Council as the City-wide value of one (1) acre of unplatted, undeveloped land as provided for in section 7.7.1207, plus platting fees actually paid by the property owner for the land dedicated. Any credited fees shall be identified in a written agreement, signed by the Manager, which shall set forth any terms deemed necessary by the City. Credited fees may be assigned to another party, provided that the transfer is made by written assignment, signed by the assignor, and a copy of the assignment is provided to the City prior to use of the credited fees by any party
5. The Mayor may, but shall not be obligated to, waive collection of as-yet uncollected police service and fire protection annexation fees provided for in any active annexation agreement entered into prior to January 1, 2023. The Mayor may, but shall not be obligated to, offset CDI Fees against previously paid police service and fire protection annexation fees, if the applicant can demonstrate through written documents executed by the City that police service or fire protection annexation fees were paid for the specific parcel in question. Previously paid annexation fees shall not be refunded as cash or transferable credits.
6. The Chief Financial Officer shall periodically identify and report to Council funds, including grants, fees, dedicated public safety tax revenues or other sources, that have been newly obtained by the City for the specific purpose stated in this part, and periodically identify significant changes in demand or cost. Upon identifying these items, but not more often than once every four (4) years, the Chief Financial Officer shall conduct an updated fee study and advise Council on the feasibility and effects of adjusting the CDI Fee. (Ord. 23-03)
A. Purpose: The purpose of this Section is to provide a mechanism for the City to evaluate proposed land uses in a particular zone district that are only conditionally permitted because of unique operating and/or physical characteristics and may be allowed after careful consideration of their impact upon the neighborhood and the public facilities.
B. Applicability:
1. No use classified as conditional in Table 7.3.2-A: Base and NNA-O District Use Table or Table 7.3.2-B: Additional Overlay District Use Table and no use where conditional use approval is required as part of a use-specific standard (see Part 7.3.3) may be conducted without first obtaining a Conditional Use in accordance with this Section.
2. If a Development Plan is required for the proposed Conditional Use, the Manager shall review and decide upon the Development Plan application based on the standards and criteria in Section 7.5.515 (Development Plan), but shall include any conditions imposed by the Planning Commission on any approval of the Conditional Use Permit.
3. If no Development Plan is submitted with the Conditional Use request, the applicant shall submit a Land Use Statement. This statement shall indicate the following:
a. Proposed land uses, housing densities (as applicable), and development intensity;
b. Compatibility with adjacent development patterns; and
c. Impact to adjacent developments including but not limited to light, noise, and traffic.
C. Conditional Use Process:
1. Planning Commission Decision:
a. The Planning Commission shall review the Conditional Use application at a public hearing and approve, approve with conditions, or deny the application based on any criteria in the use-specific standard relating to the use, the review criteria in Section 7.5.409 (General Criteria for Approval), and the criteria in Subsection 3 below.
b. The Manager may recommend, and/or the Planning Commission may impose, special conditions upon the subject property needed to alleviate or mitigate any potentially significant adverse impacts on other property in the neighborhood, and to carry out the stated purposes of the Colorado Springs Comprehensive Plan and this UDC. The Planning Commission may also impose time limits on conditional uses and require regularly scheduled reviews of approved conditional uses.
2. Criteria for Approval:
a. The application complies with any use-specific standards for the use in Part 7.3.3 (Use-Specific Standards);
b. The size, scale, height, density, multimodal traffic impacts, and other impacts of the use are compatible with existing and planned uses in the surrounding area, and any potential adverse impacts are mitigated to the extent feasible; and
c. The City's existing infrastructure and public improvements, including but not limited to its street, trail, and sidewalk systems, have adequate capacity to serve the proposed development and any burdens on those systems have been mitigated to the maximum extent feasible.
3. Post-Decision Actions or Limitations: The Planning Commission's decision on a Conditional Use application is subject to the following:
a. The approved Conditional Use, along with stipulations submitted as part of the conditional use application and all conditions imposed by the Planning Commission, shall be binding on the property and shall run with the land and shall not be affected by changes in tenancy, ownership, or management of the property.
b. An approved Conditional Use shall expire if any of the following apply:
(1) The applicant fails to begin operation or fails to apply for a Building Permit and begin construction for a building related to the conditional use, within four (4) years of approval. The Manager may approve one (1) one-year extension of the Conditional Use if no major changes to the site design are required.
(2) A legally established conditional use is abandoned or discontinued for a period of at least one (1) consecutive year. Prior to expiration of the conditional use due to abandonment or discontinuation, the Manager may approve one (1) one-year extension of the Conditional Use if no major changes to the site design are required.
(3) A change to a use with higher intensity or fewer restrictions than were originally approved in the Conditional Use occurs on the property.
c. Upon the expiration of a Conditional Use, no Building Permit or Certificate of Occupancy may be issued for that use until a new Conditional Use Permit application has been reviewed and approved in accord with this Section 7.5.601. (Ord. 23-03)
A. Annexation:
1. Policy: The City Council hereby declares the policy of the City to be:
a. There is no obligation under general law to reserve water resources or capacity in the City's water system and wastewater system for undeveloped land presently within the City's boundaries.
b. Water belonging to the City is in no way allocated to a particular parcel of land until the land is developed and water applied to actual use upon that land.
2. Rights of the City:
a. The right of the City Council to restrict and regulate the use of City water within or outside the City limits shall not be abridged by anything contained in this section. Nothing in this section shall be construed to confer upon undeveloped land within the City limits, as such City limits exist at the time of adoption of this section or as such City limits may be hereafter altered by annexation or disconnection, any right to the reservation of existing water rights or quantities of water for the sole and exclusive use of such land.
b. This section shall not be construed to create any rights or cause of action in any person or land, whether or not eligible for annexation, to demand annexation to the City or any municipal service.
3. Conditions for Annexation:
a. Comply with State Laws: Annexation, consolidation, or disconnection of territory to or from the City shall be in accord with Article II of the Colorado Constitution and the Municipal Annexation Act of 1965, as they exist now or may be later amended.
b. To assist the City Council in its decision, each proposal for annexation shall be studied to determine:
(1) Whether the area proposed to be annexed is a logical extension of the City's boundary.
(2) Whether the development of the area proposed to be annexed will be beneficial to the City. Financial considerations, although important, are not the only criteria and shall not be the sole measure of benefit to the City.
(3) Unless an exception granted under section 12.1.111 of this Code will be in effect at the time of annexation, whether at the time of request there is projected available surplus capacity and resources across all Utilities' service lines for the foreseeable future to serve all present users and the projected new users from the area proposed to be annexed, taking into account section 12.4.305 of this Code, and that performance criteria, as defined for each service line in standards adopted by Utilities, will not be impaired.
(4) Whether the existing and projected utility facilities of the City are expected to be sufficient for the present and projected needs for the foreseeable future to serve all present and projected users whether within or outside the corporate limits of the City.
(5) Whether utility services and facilities can be extended to serve the property proposed to be annexed at the time of annexation or sometime in the future.
(6) The estimated immediate and long-range costs to the City under development plans proposed by the annexor, which cost estimates shall include, but need not be limited to:
(a) The cost of extending City services. Examples of required improvements are bridges, arterial streets, major drainage improvements, parks and park improvements, regional and urban trails systems, and the maintenance and operation of required improvements.
(b) The nature and cost of City-financed capital improvements made necessary by the proposed annexation when developed. The City may also include the expense that would be incurred by other governmental entities, such as school districts.
(c) The time schedule as proposed by the annexor over which such costs would be extended.
(7) The revenues expected to be generated by proposed development within the area proposed to be annexed. This may include ad valorem taxes from the land and improvements situated and to be situated on the land, sales, and use taxes from commercial development, increased revenue sharing or other grant funds resulting from increased population, and increased income taxes.
(8) Whether the Utilities' revenues expected to be generated by the development of the proposed annexation will offset the estimated immediate and long-range costs to Utilities for the acquisition of utility resources, extension of utilities services, development of utilities infrastructure, and operations and maintenance as required by Utilities Rules and Regulations.
(9) Other benefits to the City for which there is no readily acceptable method of computation except subjective judgment, such as increased employment opportunity, improved wastewater management, improved drainage control, improved public transportation, and increased diversification of the City's economic base.
After the foregoing have been studied in such depth as the City Council shall require, the City Council in its discretion may annex or not annex the proposed area.
4. Requirements of Annexation:
a. The City shall require as a condition of annexation the transfer to the City of title to all water rights appurtenant to, including without limitation all groundwater underlying, the land proposed to be annexed. Should such groundwater or appurtenant water rights be separated from the land or otherwise be unavailable for transfer to the City, the City, at its discretion, may either refuse annexation or require payment commensurate with the value of such groundwater and/or appurtenant water rights as a condition of annexation. The value of such water rights shall be determined by Utilities based on market conditions as presently exist. City Council may, in its discretion, waive the requirement to convey groundwater rights or pay the value of groundwater and/or appurtenant water rights by resolution.
b. The City shall require as a condition of annexation the transfer to the City of title to any additional water rights historically used on or for the benefit of the area to be served that Utilities determines are necessary to ensure it has sufficient water supplies to serve the property or payment of any fees in leu thereof, as determined by City Council.
c. The City shall require as a condition of annexation that all rights of way or easements required by Utilities necessary to serve the proposed annexation, to serve beyond the annexation, and for system integrity, shall be granted to Utilities by the applicant or other property owner on forms approved by Utilities. Utilities, at the time of utility system development, shall determine such rights of way and easements.
d. If the proposed annexation to the City overlaps an existing service area of another utility under the jurisdiction of the Colorado Public Utilities Commission (PUC), if no exception has been granted under section 12.1.111 of this Code and if required by the City, the applicant shall petition the PUC to revise the service area such that the new service area will be contiguous to the new corporate boundary of the City and the applicant shall pay any and all fees or costs associated with revising the service area, including without limitation any required condition assessment, system improvements, and just compensation due to the existing service provider. If the proposed annexation overlaps the service territory of a special district, the applicant shall either have the property removed from the service territory of the special district or shall obtain permission from the special district for the property to receive utility services from Utilities and shall pay any and all fees and costs associated therewith. City Council may waive or modify the requirements in this subsection by resolution.
5. Annexation Process:
a. General: All annexations shall be reviewed by the City in accord with the Municipal Annexation Act of 1965, as amended, Colorado Revised Statutes sections 31-12-101 et seq. All applicable provisions of Chapter 7 of this Code apply unless specifically modified by the provisions of this section.
b. Zoning of Annexed Areas: The petitioners of an annexation may request that the initial zoning of the land to be annexed occur concurrently with the annexation ordinance in accord with the Municipal Annexation Act of 1965, as amended, Colorado Revised Statutes sections 31-12-101 et seq. If there is no request for the establishment of an initial zone district by petitioners for annexation or if the annexation is in accord with Colorado Revised Statutes section 31-12-106, the initial zoning of the annexed land shall be accomplished within ninety (90) days of the effective date of the annexation. The establishment of an initial zone district shall be accomplished after at least one public hearing by the Planning Commission and City Council jointly or singly to consider the action.
c. Decision by City Council.
(1) The City Council shall review the petition for annexation in accord with the subsection A3 above.
(2) The City Council in its discretion may approve or deny the petition for annexation.
(a) If the City Council decides to annex it may require a contemporary Annexation Agreement in the form required by the City specifying any required fees and the installation and the time of installation of certain public and utilities improvements, both on site and off site, that are required or not required under this Code. City Council may include other requirements it deems necessary.
(b) If the City Council denies an application for annexation, utilities shall not be extended unless Council is assured that an Agreement to Annex in accord with Chapter 12 of this Code will be executed by fee owners of the real property contracting for the services prior to the utilities being extended, and that the remaining provisions of Chapter 12 of this Code regarding annexation subsequent to extension of utilities have been met. (Ord. 23-03; Ord. 24-27)
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