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File #: 24-160    Version: 1 Name: UDC Amendment for Hearing Scheduling
Type: Ordinance Status: Mayor's Office
File created: 2/22/2024 In control: City Council
On agenda: 4/23/2024 Final action: 4/23/2024
Title: Ordinance No. 24-18 amending Section 415 (Appeals) of Part 4 (General Procedures) of Article 5 (Administration and Enforcement) of Chapter 7 (Unified Development Code) of the Code of the City of Colorado Springs 2001, as amended, pertaining to scheduling of hearing. (First Reading) (Legislative) Presenter: Peter Wysocki, Director, Planning + Neighborhood Services Mike Tassi, Assistant Planning Director, Planning + Neighborhood Services
Attachments: 1. UDC-AppealsORD-2024-2-2, 2. Exhibit 1 - Redline of amendment to UDC Subsection 7.5.415 -Appeals - Scheduling of Hearing, 3. Signed Ordinance No. 24-18.pdf
Title
Ordinance No. 24-18 amending Section 415 (Appeals) of Part 4 (General Procedures) of Article 5 (Administration and Enforcement) of Chapter 7 (Unified Development Code) of the Code of the City of Colorado Springs 2001, as amended, pertaining to scheduling of hearing.
(First Reading)
(Legislative)

Presenter:
Peter Wysocki, Director, Planning + Neighborhood Services
Mike Tassi, Assistant Planning Director, Planning + Neighborhood Services

Body
Summary:
The Unified Development Code (UDC) requires that a public hearing for an appeal be scheduled for the next available regular agenda of the appellate body that it at least 20 days after the receipt of the appeal.

After the June 5, 2023, effective date of the UDC, it has been the experience that the inflexibility of this provision of the UDC was creating scheduling conflicts for the parties involved. This also eliminates any flexibility for setting City Council agendas, which may lead to very lengthy Council meetings. The proposed amendment (see Exhibit 1 - Redline of amendment to UDC Subsection 7.5.415 - Appeals - Scheduling of Hearing) provides a remedy that allows the parties, city staff and City Council to collectively agree on a date for the appeal that is within a 30-60 day window after receipt of the appeal. Therefore, allowing a negotiated date that complies with Code while enhancing transparency and predictability for the applicant, appellant, and the City. This amendment is supported by Planning staff and Legislative Services staff.

The amendment was vetted by stakeholder organizations, including the Housing and Building Association. The HBA understands the scheduling issue and does not object to the amendment.

Review Criteria:
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.

UDC Section 7.5.702.D - Approval Considerations
1. General
The Planni...

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