Department of Community Development
Reference: Land Use & Development Code Articles 1, 2, and 11
To: Mayor Gregory Mills and Members of City Council
Through: Michael P. Martinez, City Manager
Prepared By: Stephanie Iiams, Associate Planner
Date Prepared: June 13, 2025
INTRODUCTION/PURPOSE
Staff is continuing to work through a long list of potential Land Use & Development Code (LUDC) amendments and wishes to discuss the next topics proposed to be addressed with both City Council and the Planning Commission.
PROCESSES
The LUDC outlines the code amendment process, which allows for initiation of amendments by the City Council, Planning Commission, and staff on behalf of these entities.
The City Council should use the review criteria outlined in LUDC Section 2.10(B) when considering these changes at a regular meeting. The code amendment review criteria generally include, but are not limited to, furthering the purposes of the LUDC, amendments being in accordance with the Comprehensive Plan, promoting the public safety, health, and general welfare of the community, and improving the effectiveness and efficiency of administering the LUDC.
BACKGROUND AND SUMMARY OF AMENDMENTS
Staff look for areas of the LUDC that lack clarity, may be in conflict, or items that are not currently in the code that may need to be. This agenda item includes a variety of amendments suggested by staff for City Council’s consideration. Listed below are some of the larger topics staff propose to address, but small changes or other items may be included with the modifications when the code amendments come before the City Council for a public hearing to approve the ordinance.
Article 1:
Article 1 of the LUDC contains the general provisions of the LUDC, including but not limited to, the purpose, interpretation, administration and enforcement of the LUDC. Staff is proposing several amendments and adjustments to this article. These relate to how we handle amendments to planned unit developments that were approved prior to the new code, identifying a more accurate resource to reference if a term in the LUDC needs to be defined, and clarifying different measuring techniques and reference points.
Article 2:
Article 2 of the LUDC focuses on the processes and procedures of the land use and development process. Staff are proposing updates to better align the LUDC with current practices and improve overall efficiency. Having now processed at least one of each application type defined in Article 2, staff have identified several areas for refinement. In addition to removing redundant information, specific modifications are summarized below according to application type.
Appeals: Clarify when each appeals process applies, eliminate code inconsistencies, and clearly define who has standing to submit an appeal to ensure fairness, consistency, and transparency.
Change Orders: This process is applicable to certain, but not all, application types and is not administered as a standalone application. When utilized, a change order permits applicants to request minor modifications to a previously approved plan that was reviewed and approved administratively. Although regularly used by staff in practice, this process has not yet been formally codified.
Administrative Plat: Clearly outline the specific criteria and requirements that determine an applicant's eligibility to qualify for an administrative plat.
Subdivision Plan: Clarify responsibilities of the Planning Commission and the City Council and provide a minor amendment process to facilitate non-substantive modifications through the Final Plat process.
Final Plat: Provide further refinement and clarification of the review criteria to enhance developer accountability and improve the efficiency of staff evaluation.
Zoning Map Amendment: Clarify that final approval is granted by ordinance adopted by the City Council.
Planned Development (PD): Clarify review procedures to ensure consistency, and alignment with current development standards; clearly define how site-specific PUDs that were approved under previous versions of the zoning code should be evaluated, interpreted, and integrated into current regulatory frameworks; establish a clear and consistent amendment process for existing PDs, including thresholds for administrative versus public-level review; and modify how new PDs are mapped.
Site Improvement Permit: Rename the application to ‘Site Improvement Plan’ to reduce applicant confusion, clarify its applicability, and establish clear, objective review criteria.
Site Plan: Clarify applicability and review criteria for Site Plan applications to ensure consistent evaluation, and establish a clear, streamlined amendment process for approved Site Plans.
Conditional Use Permit: Eliminate the large family childcare home process to comply with state law. Clarify the Conditional Use Permit process for Oil & Gas applications by updating Table 2-1 to reference Section 10.01’s detailed submittal and review criteria. Additionally, standardize general review procedures and establish a defined amendment process with clear thresholds distinguishing minor amendments, eligible for administrative review, from major amendments requiring full original approval procedures.
Variance: Provide clear guidance on the variance approval process.
Code Amendments: Clarify the role of the Historic Preservation Commission regarding Historic Preservation code amendments and remove the public hearing requirement.
Annexation: The definitions associated with annexation require adjustment to correspond with state statute.
Vested Property Rights: Added language to correspond procedures with state statute.
Vacation of Rights-of-Way or Easements: Clarify review criteria for grammatical accuracy.
Residential Design Standards Review: Include and formally recognize Residential Design Standards Review as an application type to standardize procedures and ensure consistent application of design criteria.
Article 11:
Article 11 of the LUDC provides descriptions and definitions for terms mentioned in the LUDC. In conjunction with modifications mentioned above, a few definitions in Article 11 will need to be adjusted to provide additional clarity or comply with state statute.
CRITERIA BY WHICH THE CITY COUNCIL MUST CONSIDER THE ITEM WHEN THE ITEM IS BEFORE IT FOR APPROVAL
Land Use & Development Code (Section 2.10.B):
Modifications to the LUDC must meet the following criteria when considered for adoption:
1. The amendment furthers the purposes of these regulations in Section 1.01.C.
2. The amendment is in accordance with the Comprehensive Plan and has been considered for both its long-range effects as well as immediate impacts.
3. The amendment promotes the public safety, health, and general welfare of the community in the City of Brighton.
4. The amendment improves the effectiveness and efficiency of administering the Land Development Code.
STAFF RECOMMENDATION
Staff recommend taking the proposed code amendments to public hearings with the Planning Commission and the City Council in the near future.
OPTIONS FOR CITY COUNCIL CONSIDERATION
1. Direct staff to proceed with the proposed code amendments;
2. Direct staff to proceed with the code amendments, modified based on the study session discussion; or
3. Direct staff not to proceed with the code amendments.
ATTACHMENT
● Draft PowerPoint Presentation