By William J. Dagendesh
On Jan. 3, Manitou Springs City Council heard the second reading of Ordinance 2322: Land Use and Development Code.
The ordinance repeals Chapter 15.16, Title 16, and Title 18 of the Manitou Springs Municipal Code concerning signs, subdivision and zoning, and adopts the LUDC on second reading, including the updated definition of “household” and the city attorney’s rewrite of the appeal process.
Because of the somewhat complicated content of Section 18.06.3.10, Appeals, council voted unanimously that all appeals be “de novo,” and that the city attorney modify the language as necessary whenever there is an appeal.
“De novo” is a Latin term that means “anew.” When a court hears a case “de novo,” it is deciding the issues without reference to any legal conclusion or assumption made by the previous court to hear the case. City Attorney Jeff Parker will make the necessary changes.
In a memorandum from City Planner Hannah Van Nimwegen-McGuire, the City Planning Department, working with landscape architecture and environmental planning firm Logan Simpson, has revised the existing Manitou Springs Title 18 (zoning code), Title 16 (subdivision code) and Chapter 15.16 (sign code) to create a unified LUDC.
The City Planning Commission heard the draft and unanimously recommended approval with suggested revisions. Council heard the proposed LUDC on Dec. 20 and recommended approval on first reading. Council did not make any suggested revisions to the language within Chapter 1, although members made a few revisions from the first reading.
Jennifer Gardner from Logan Simpson discussed the proposed revisions, which include:
- Where adjacent properties are zoned differently, the most restrictive setbacks between the two zone districts will apply to the property being developed;
- The way building height is measured utilizing a height envelope, which is defined as “a rectangular box 35 feet high fitting the buildable area of the lot”;
- The maximum building height for the high-density residential zone district was reduced from 35 feet to 30 feet;
- The maximum building height for the mixed-use commercial zone district was adjusted — the 39-foot allowance for ground floor commercial was removed, but the maximum throughout the district was increased from 35 feet to 36 feet;
- The allowance for a 90 percent lot coverage when 15 percent of paved surfaces incorporate permeable pavement in the mixed-use commercial zone district was removed;
- The maximum density in the mixed-use commercial zone district was reduced to 20 dwelling units per acre; and
- In the mixed-use commercial zone district, the column titled “Development Standard Incentive Award” was retitled to “Exceptions from Standard Requirements.”
Suggested alternatives to defining a household included three options. They are:
- A household is people living together as a family or as the functional equivalent of a family, where the members of the household share responsibility for the dwelling and choose who is a part of the household, not a landlord, property manager or other third party.
A household can also be defined as a group of up to five adults and their minors. Individuals not employed by the household who reside in the dwelling unit and whose live-in status is required by the nature of their employment will be considered a member of the household. Occupants of a residential unit the city has not approved for a short-term rental use must comply with the definition of “household.”
- One or more persons living together as a single housekeeping unit as an interactive group of persons jointly occupying a single dwelling unit with no more than two persons per bedroom or a maximum of eight adults per dwelling unit.
For the purposes of this definition, an individual employed by the household who resides in the dwelling unit and whose live-in status is required by the nature of their employment will be considered a member of the household. The occupants of a residential unit that the city has not approved for a short-term rental use must comply with the definition of “household.”
- “Household” means one person, or two or more persons, related by blood, marriage, adoption, guardianship, domestic partnership or other duly-authorized custodial relationship verified by official public records such as driver’s licenses, birth/marriage certificates or a group not in excess of five people living together as a single housekeeping unit.
An individual employed by the household who resides in the dwelling unit and whose live-in status is required by the nature of their employment will be considered a member of the household. The occupants of a residential unit the city has not approved for a short-term rental use must comply with the definition of “household.”
“I want to thank everybody for the time you have sunk into reviewing the LUDC. It is no small task getting this far,” Van Nimwegen-McGuire said.
Also, council voted unanimously to approve Harper Johnson as an alternate member of the City Planning Commission. Initially, Johnson submitted an application and resume for the CPC’s regular member vacancy. However, Chair Alan Delwiche chose to fill that vacancy with someone already serving as an alternate member.
“As such, I confirmed Mr. Johnson’s interest in serving as an alternate member,” Deputy Clerk Elena Krebs said in a memorandum to council.
Johnson led the strategy and support for the campus-wide technology needs of students, faculty and staff at the University of Colorado Colorado Springs. As a former U.S. Air Force officer, he was recognized as an innovative leader who motivated teams to fulfilling strategic objectives. He is experienced in guiding integration of streamlined technology and business process enhancement strategies.
From 2009-2012, Johnson pursued doctoral studies in politics and international affairs at Northern Arizona University. He has a master of science in computer information systems from the University of Phoenix and a bachelor of science in international affairs and policy from the U.S. Air Force Academy.
“His professional experience has included significant planning activities and several years in leadership/team building positions. He has experience in local affairs, including parks and open space committee participation in his previous community,” Delwiche wrote in a Dec. 21, 2022, letter of endorsement.
Mayor John Graham thanked Johnson for wanting to serve on the commission.
“Thank you for accepting my nomination. … I’m looking forward to working and being a part of the community,” Johnson said.
A City Council work session is scheduled for 6 p.m. Tuesday, Jan.10.