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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)
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 rezone property within the City's jurisdiction, where the City has determined that rezoning of those areas is appropriate.
B. Applicability: This Section 7.5.703 applies to all applications to create or change the boundaries of a zone district on the zoning map, whether initiated by the City or by a private property owner.
C. Amendment to Zoning Map Process:
1. General:
a. A FBZ regu lating plan may prov ide for alter nate revie w proc edures for proposed amendments of zoning map designations within the FBZ district.
b. For an HP-O district, the standards in Subsection 7.2.501.B (Standards for Designation of Areas for Zoning Overlay) shall apply.
2. Planning Commission, FBZ Review Board, or Historic Preservation Board Review:
a. The Planning Commission or, if specified in an applicable FBZ regulating plan, an FBZ Review Board, or, if applicable, Historic Preservation Board shall review the application and make a decision based on the approval criteria in Subsection D below. The Commission or FBZ Review Board may recommend approval, approval with conditions or modifications, or decide not to make a recommendation on the proposed application, or may deny the application.
b. The Planning Commission, FBZ Review Board, or Historic Preservation Board may recommend, and the City Council may require, the modification of requirements of any zone district so that the property under consideration may be developed in a reasonable manner and without detriment to the public welfare and interest.
c. If a Development Plan is required with the zoning map amendment application, the Planning Commission or, if applicable, an FBZ Review Board or Historic Preservation Board shall review and decide upon the Development Plan application based on the standards and criteria in Section 7.5.515 (Development Plan) concurrent with its review of the proposed zoning map amendment application.
d. If the application is for an HP-O district designation, in addition to the conditions allowed in Section 7.5.410 (Conditions on Approvals), the Historic Preservation Board may recommend one (1) or more of the following conditions:
(1) Reduction of front, side, and rear yard setbacks to conform to neighborhood standards;
(2) Waiver for building height limitations to conform to neighborhood standards;
(3) Allowance of vehicles to back across property lines for parking spaces accessed from an alley as long as the vehicles are visible from both directions in the alley;
(4) Allowance for one hundred (100) percent of all required off street parking spaces as compact spaces;
(5) Allowance for tandem parking spaces;
(6) Allowance for off-site parking spaces that are within three hundred (300) feet of the historic resource; and
(7) If relief allowed under Subsections (1) through (6) above is insufficient to preserve the historic resource, a reduction of up to fifty (50) percent of the minimum number of off-street parking spaces required by Part 7.4.10 (Parking and Loading) may be recommended.
e. If the application is for creation of an ADS-O district, the procedures, standards, and limitations applicable to the creation of the text of the ADS-O district in Section 7.5.702 (Amendment to UDC Text) shall also apply to consideration of the zoning map amendment required to create or amend the boundaries of the ADS-O district.
f. The Planning Commission or, if applicable, an FBZ Review Board or Historic Preservation Board recommends approval of the application or makes no recommendation, the Planning Commission, FBZ Review Board, or Historic Preservation Board shall forward its recommendation to City Council for decision in accord with Subsection 3 below.
g. If Planning Commission or, if applicable, an FBZ Review Board or Historic Preservation Board denies the application, the applicant may appeal the decision to City Council pursuant to Section 7.5.416 (Appeals).
3. City Council Decision: The City Council shall review the application and the recommendation from the Planning Committee, FBZ Review Board, or Historic Preservation Board and make a decision based on the approval criteria in Subsection D below.
D. Approval Criteria: An application for an amendment to the zoning map shall be subject the following criteria for approval:
1. The proposed rezoning is consistent with the goals and policies of the Colorado Springs Comprehensive Plan, with other plans and policies adopted by the City Council; and with the purpose statement of the proposed zone district(s).
2. The rezoning will not be detrimental to the public interest, health, safety, convenience, or general welfare.
3. The location of the lands in the zoning map area being amended are appropriate for the purposes of the proposed zone district(s).
4. If the application proposes to rezone a small area of land, the application demonstrates that the size, scale, height density, and multimodal traffic impacts of the proposed rezoning are compatible with surrounding development or can be made compatible with surrounding development through approval conditions.
5. If the application proposes to rezone a relatively small area of land, the application demonstrates that the change in zoning will not create significant dislocations of tenants or occupants of the property, or that any impacts are outweighed by other public benefits or progress toward other Colorado Springs Comprehensive Plan goals that would be achieved by approval of the application.
6. If a Land Use Plan or amendment to a Land Use Plan accompanies the application, the Land Use Plan or amendment complies with the applicable criteria in Subsection7.5.514C.3 (Land Use Plan Criteria).
7. The application is consistent with any approved Concept Plans in the area for which the map is being amended or includes or is accompanied by a provision that approved Concept Plans that have been classified as implemented do not have to be amended in order to be considered consistent with an amended zoning map.
8. If the application is for creation of an ADS-O district, the approval criteria applicable to the creation of the text of the ADS-O district in Section 7.2.607D.47.5.702 (Decision) shall also apply to consideration of the zoning map amendment required to create or amend the boundaries of the ADS-O district.
9. If rezoning to a PDZ district, the proposed PDZ district provides significant community amenities or other benefits, as determined by the Manager, that promote the achievement of Colorado Springs Comprehensive Plan goals and would not otherwise be required of the applicant under this UDC or other City or governmental regulations.
10. Complies with the additional standards of the base zone district where the property is located (see Article 7.2 (Zone Districts)) or in an overlay district that applies to the property (see Part 7.2.6 (Overlay Districts)). (Ord. 23-03)
The City Council shall hear appeals from decisions of the Planning Commission, FBZ Review Board, and Historic Preservation Board pursuant to Section 7.5.415 (Appeals) and shall make a decision to affirm, reverse, modify the action, or remand the item back to the body that made the appealed-from decision. (Ord. 23-03)
A. Legislative Declaration: The City Council hereby finds, determines and declares that it is in the public interest that there be a Comprehensive Plan to promote the public health, safety and general welfare, to improve the physical environment of the City as a setting for human activities; to evaluate the social and economic effects of land development; to formulate, determine, and implement community values, policies, standards and objectives; to consider the effect on community financial capabilities, public, and private investments; and to consider the effect on the environment when making land development decisions.
B. Scope of Plan: The following areas, among others, may be considered in formulating the Comprehensive Plan:
1. Existing natural conditions, to the extent possible, in determining the type, density and intensity of public and private development of land within the planning jurisdiction of the City.
2. Location, type, and availability of public improvements, existing and planned.
3. Location, type, and availability of public utility infrastructure, existing and planned.
4. Maximum utilization of existing public investments.
5. Matters which may affect community character and quality of life of the citizens of Colorado Springs.
6. Population and population distribution, which may include analysis by age, educational level, income, employment, race, or other appropriate characteristics.
7. Amount, type, intensity, and general location of commerce and industry.
8. Amount, type, quality, and general location of housing.
9. Amount, general location, and interrelationship of different categories of land use.
10. Extent and general location of blighted or deteriorated areas and related factors.
11. Areas, sites, or structures of historical, archaeological, architectural, paleontological, and scenic significance.
12. Natural resources, including air, water, open spaces, forests, soils, wildlife, and minerals.
13. Present and prospective availability of financial resources needed to undertake development proposed in the plan.
14. Any other matters found to be important to future land development, community character, and quality of life.
C. Adoption of Plan:
1. The City Council shall adopt the Comprehensive Plan by ordinance. Because the plan is a series of statements, objectives, policies and strategies, and maps designed to guide the public and private development of land, the plan need not be adopted as a whole, but may be adopted as individual statements that may be amended, modified, changed, or repealed as other statements are adopted or as community values, objectives, and goals are reevaluated.
2. Before adopting the Comprehensive Plan or individual parts, the Planning Commission shall hold at least one duly advertised public hearing and make a recommendation to City Council on adoption of the proposed plan.
3. Before adopting the Comprehensive Plan or individual parts, the City Council shall hold at least one duly advertised public hearing. At the hearing the City Council shall consider the recommendations of the Planning Commission.
D. Legal Status of Plan: The contents of the Comprehensive Plan are designed to serve as a guide in the public and private development of land and as such are not binding upon the City when making specific land use decisions.
E. Contents of Plan: The Comprehensive Plan may consist of statements, objectives, policies, strategies, maps, and appendices. Citywide system plans, facility master plans, and other comprehensive planning documents approved by City Council shall be considered refinements of the Comprehensive Plan.
F. Use of the Comprehensive Plan: The City Council, all City boards and commissions, the various City groups, departments, divisions, enterprises, and officials shall be responsible for knowing the contents of the Comprehensive Plan and shall consider the relevant policies set forth in the Comprehensive Plan prior to making decisions. Nothing set forth in the Comprehensive Plan shall prohibit the City Council, City boards or commissions, various City groups, departments, divisions, enterprises, and officials, after considering the plan, from deviating from the policies set forth in the Comprehensive Plan where circumstances warrant in making decisions affecting specific property. (Ord. 23-03)
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