The Colorado Springs City Council may no longer have the last word on appeals of land-use or planning decisions, such as rezonings and concept plan changes, if a proposed change to the new zoning code is approved.
If approved, lower boards of appointees, such as the planning commission and Historic Preservation Board, would have the final say instead.
“The city is just growing up. … You can’t have everybody appealing everything up to the City Council,” said Dutch Schulz, president of the Old North End Neighborhood.
For example, it doesn’t make sense for a homeowner to appeal a decision on their windows made by the Historic Preservation Board up to City Council anymore, he said.
In his opinion, the council may need to continue to hear appeals of some of the largest and most controversial decisions, such as heavily opposed rezoning of property that would allow highly opposed new apartments, he said.
Under the current proposal, however, the planning commission would have the final say on those large controversial projects. Those unhappy with the decision would then have to appeal to the courts system, said Morgan Hester, planning supervisor.
Eliminating City Council from the appeals process is in line with best practices for larger cities, said Don Elliott, with Clarion Associates, the company helping the city draft the new zoning code.
He likened the current system to asking the U.S. Congress to hear an appeal of the laws, when it is clearly the role of the legislative body is to make laws.
Appeals should be used to point out a mistake in interpreting city code, not simply a tool to reverse a decision residents or developers don’t like, Elliott said.
The proposed zoning code draft would also require appellants to show they are an affected party to the decision and meet certain criteria. For example, residents would need to live within 1,000 feet of a project to appeal, and likewise, neighborhood associations would have to have property within 1,000 feet of a site to appeal, Elliott said. The draft states residents need to live within 500 feet, but city staff have already decided that is going to be extended to 1,000, Hester said.
Currently, anyone can appeal a city land-use decision.
Residents can submit comments on the latest draft of the zoning code to RetoolCOS@coloradosprings.gov. The city is encouraging comments to be submitted by Aug. 3, although they will be accepted after.
The new zoning could be adopted by April, Elliott said.
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