Loading...
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)
A. Purpose: The purpose of this Section is to establish standards and provide a mechanism for the City to review and decide on an application to amend the text of this UDC.
B. Applicability:
1. This Section applies to all applications to amend the text of the UDC.
2. Specific types of applications may have additional standards, criteria, or requirements, as provided for in this UDC.
C. Amendment to UDC Text Process:
1. Application Submission: Only a City department, enterprise, appointed board of the City, or City Council may submit an application to amend the text of the UDC.
2. Planning Commission:
a. 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 D below. The Planning Commission may recommend approval, approval with conditions, denial, or may decide not to make a recommendation on the proposed amendment.
b. If the application relates to Section 7.2.608 (HP-O: Historic Preservation Overlay), the Historic Preservation Board shall review the application transmit its recommendation to approve, approve with conditions, or deny the text change to the Planning Commission.
3. 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 D below.
D. Approval Considerations:
1. General: The Planning Commission may recommend approval or approval with conditions, and City Council may approve or approve with conditions, after paying due regard to each of the following factors:
a. The Colorado Springs Comprehensive Plan and other plans adopted by City Council.
b. The current conditions and character of current structures and uses in each zone district.
c. The most desirable use of land in each zone district.
d. The conservation of sensitive environmental features.
e. Promotion of responsible development and growth. (Ord. 23-03)
The City Council shall review and make a decision on applications to vacate any portion of a Final Plat that involve vacations of public streets or rights-of-way in those circumstances, and pursuant to those standards and criteria described in Section 7.5.522 (Vacation Plat). (Ord. 23-03)
Loading...