City of Colorado Springs - File #: CPC CA 16-00008

• File #: CPC CA 16-00008
• Version: 9
• Type: Planning Case
• Status: Tabled
• File created: 3/1/2016
• In control: City Council
• On agenda: 12/13/2016
• Final action: 12/13/2016
• Title: An Ordinance repealing and reordaining Section 906 (Appeals) of Part 9 (Notice, Hearings and Appeals) of Article 5 (Administration and Procedures) of Chapter 7 (Planning, Development and Building) of the Code of the City of Colorado Springs 2001, as amended, pertaining to appeals. (Legislative) Presenter: Peter Wysocki, Planning and Community Development Director Carl Schueler, Comprehensive Planning Manager
• Indexes: Appeals

Date	Ver.	Action By	Action	Result
12/13/2016	7		accepted
12/13/2016	7	City Council	postponed indefinitely	Pass
11/21/2016	7	Council Work Session	referred
10/20/2016	7	Planning Commission	withdrawn
10/20/2016	7	Planning Commission	approved as amended	Pass
10/20/2016	7	Planning Commission	referred	Pass
9/15/2016	6	Planning Commission	postpone to a date certain	Pass
8/9/2016	5	City Council	postponed indefinitely	Pass
7/11/2016	5	Council Work Session	referred
6/13/2016	4	Council Work Session	referred
5/19/2016	3	Planning Commission	referred	Pass
4/21/2016	3	Planning Commission	postpone to a date certain	Pass
3/17/2016	1	Planning Commission	referred	Pass

Title
An Ordinance repealing and reordaining Section 906 (Appeals) of Part 9 (Notice, Hearings and Appeals) of Article 5 (Administration and Procedures) of Chapter 7 (Planning, Development and Building) of the Code of the City of Colorado Springs 2001, as amended, pertaining to appeals.

(Legislative)

Presenter:
Peter Wysocki, Planning and Community Development Director
Carl Schueler, Comprehensive Planning Manager

Body
Summary:
This proposal is to amend City Code Section 7.5.906 pertaining to zoning and other land use-related appeals and to make other limited conforming amendments in other areas of Chapter 7. The draft Ordinance is attached.

Key aspects and changes from the recommended version as presented to City Council on August 9, 2016 are:

? Removal of the "automatic bump" for any party (applicant or appellant)

- This recent change treats all parties with standing consistently; noting that all parties can still request a continuance by City Council with justification.

? Confirmation from Code Scrub Committee that the 10-calendar day maximum period in which to file an appeal is acceptable and recommended

? Provision for the body hearing the appeal to determine standing for the appellant.

- This would occur at the beginning of the hearing. Staff would make a recommendation based on an analysis of the criteria for standing.

? Limits standing related to "protected legal interest(s)" to those protected under City Code

- In prior versions of the ordinance there had been additional language pertaining to standing for those providing prior written comments and/or testimony. This language has now been modified to combine it with the "protected legal interest" provision.

The currently recommended version of the ordinance has the unanimous endorsement of the entire Code Scrub Committee, as voted on in their September 7, 2016 meeting. At that meeting the Committee systematically worked through the changes proposed by Councilman Don Knight...