Department of Community Development
Reference: Amendment to Articles 2, 3, and 4 of the Land Use and Development Code
To: Mayor Gregory Mills and Members of City Council
Through: Jane Bais DiSessa, City Manager
Marv Falconburg, AICP, Assistant City Manager
Holly Prather, AICP, Community Development Director
Prepared By: Shannon McDowell, Long Range Planner
Date Prepared: November 13, 2020
PURPOSE
To amend Articles 2, 3, and 4 of the Land Use and Development Code (the “Code”) in order to reduce the permitting requirements for large family child care homes, clarify procedural and general requirements in the code, and clarify the temporary uses section of the code.
STRATEGIC FOCUS AREA
Recognizable and Well-Planned Community
BACKGROUND
Staff was directed at the May 19, 2020 City Council meeting to draft several changes to the Code in order to encourage more family child care homes to be established in Brighton by reducing the permitting process requirements, where prudent to do so.
In addition to these proposed changes to the family child care regulations, staff now has several months of experience implementing the newly adopted Code. In using the code to answer questions and evaluate land use and permit applications, staff has identified a number of adjustments that are desired throughout the Code. The language revisions proposed focus on Articles 2, 3, and 4 of the Land Use and Development Code.
SUMMARY OF PROPOSED CODE AMENDMENT
Article 2:
Article 2 focuses on the process and procedures for different land use application types. The modifications proposed in this Article address proposed revisions to the neighborhood meeting requirements, notice requirements, and to correct an error in the procedure for a specific application type.
One of the proposed Code revisions would eliminate the requirement to hold a neighborhood meeting for applicants seeking a Conditional Use Permit associated with a large family child care home. This application type is for caregivers operating inside their home for seven to twelve children, including their own children. Applications of this type do not typically include alterations to the exterior of the home, so the typical topics addressed at a neighborhood meeting would not apply.
Another modification proposed relating to neighborhood meetings would specifically allow virtual neighborhood meetings, if approved by the Director. Currently, the code requires an in-person meeting which proved problematic for several developers as they related to restrictions related to the COVID-19 pandemic.
The posting notice requirements are also proposed to be adjusted due to situations that arose because of COVID-19. When quarantine was initiated, several projects that had been scheduled for public hearings were unusually delayed due to cancellation of public hearings. As a result of this circumstance, several public notice signs were required to remain on the property for months with a hearing date that had already passed. The newly proposed language would allow an applicant experiencing a delay to remove the signs and re-post them with the new hearing date. The new posting timeline would follow the posting timeline of 15 days prior to the hearing.
The last item proposed to be addressed in Article 2 is to correct the process for Appeals of an Administrative Decision application type. The Code states that these applications are submitted to the City Clerk; however, it makes more sense for these applications to be submitted to the Director of Community Development, in order to remove an unnecessary step in the application process.
Article 3:
Article 3 focuses on subdivision standards such as street design, open and civic space, and lot configuration. Part of this Article also outlines the process developers would follow when making public improvements associated with a subdivision. When discussing the release of the performance guarantee, the code mistakenly indicates that an applicant would submit a written request for release to the City Council. In practice, the written request is submitted to the Community Development Department. The proposed Code revision replaces the City Council with the Community Development Director or his or her designee as the recipient of the written request.
Article 4:
Article 4 details the zoning districts, allowed and prohibited land uses, and standards associated with specific land uses. Modifications are also proposed to the accessory uses and temporary uses sections of this Article.
One change that was made with the new Code was to expand the zone districts where storage could be developed to allow employment generating uses to develop on industrially zoned land in Brighton. The code now permits indoor storage in C-3 and requires a conditional use for outdoor storage in C-3. The intent of the C-3 zone district is to provide retail, services, and employment uses at a scale, intensity or in a format that requires a high level of vehicle accessibility and visibility. The lands zoned C-3 in Brighton are indeed located along major roadways and are highly visible to the public. Storage uses are better suited to a less visible location, but one with good access. In addition, uses on commercially zoned land generally should produce sales tax revenue, making storage uses incompatible with the C-3 zone district. Staff is proposing to remove storage uses from being located within the C-3 zone district. With this change, personal indoor storage would be permitted in the MU-R/EC, BP, me-1, and me-2 zone districts. Personal outdoor storage would be conditional in the MU-R/EC and BP zone districts and permitted in the I-1 and I-2 zone districts. Commercial indoor storage would be conditional in the BP and I-1 zone districts and permitted in the I-2 zone district. Minor outdoor storage would be conditional in the BP and I-1 zone districts and permitted in the I-2 zone district. Major outdoor storage would be conditional in the I-1 zone district and permitted in the I-2 zone district.
Clarifications are proposed to the Accessory Uses standards relating to home occupations for family child care homes. For family child care homes, a new category is proposed that aligns with the licensure exemptions offered at the state level. The goal is to mirror the state requirements and reduce the barriers to opening a family child care home by eliminating the need to obtain a home occupation permit. The state exemption applies to family child care homes where the children being cared for are related to the caregiver, the children being cared for are related to each other as siblings from a single family that is unrelated to the caregiver, or there are no more than four children being cared for with no more than two children under two years of age from multiple families, regardless of the children’s relation to the caregiver. An additional clarification is proposed to correct how a sentence reads.
Modifications are proposed to the Temporary Uses standards to ensure these are consistent with similar standards in the Municipal Code and to ensure that the standards are clear. Staff has identified inconsistencies between the Land Use and Development Code and the Municipal Code related to which of these codes would apply to a Temporary Use, the terms of the Temporary Use permit, extensions to the Temporary Use permit, and permit process duration. A clarification is proposed that indicates that this section of the Land Use and Development Code (Article 4) applies only to temporary uses conducted on private property. The Municipal Code would then address temporary uses of public property. Another proposed change eliminates specific uses that are conducted on public property for the same reason. Street fairs, sidewalk sales, and truck sales are all addressed in the Municipal Code. Modifications are also being proposed to the Municipal Code for the same purpose.
To address the terms of a Temporary Use permit, staff recommends creating two (2) categories of temporary uses: short term and long term. Short term uses would include events lasting 90 days or less such as trade shows, art fairs, and tent sales. Long term temporary uses are typically associated with the construction of a building or subdivision. In the past, the Temporary Use Permit has been used to permit longer term temporary uses such as construction offices, sales offices, and temporary construction yards. We would like to formally include these uses as temporary uses, but with permits that could be approved for up to one (1) year at a time. For both short term and long term temporary uses, we propose to include a provision that allows the Director to approve a longer time period than the respective 90 days or one (1) year term. Having that flexibility built into the Code will allow the City to respond quickly when circumstances arise, such as outdoor business expansions for COVID-19.
Lastly, the permit processing time for Temporary Use Permits in the Land Use and Development Code is ten (10) calendar days whereas, in the Municipal Code, it is twenty (20) business days. These permits are similar in requirements and run through a similar review process. Staff is proposing that the permit processing time be adjusted in both codes for a consistent duration of fifteen (15) calendar days.
The draft ordinance attached to this memo includes the text changes that are proposed by this Code Amendment.
PUBLIC NOTICE AND INQUIRY
As required by Table 2-1 in Article 2 of the Land Use and Development Code, a notice was published on the City of Brighton website on November 12, 2020. As of the date of this staff report, no formal comments had been received by staff. There was one public comment at the Planning Commission from a resident speaking in favor of the changes to the family child care home regulations.
PLANNING COMMISSION RECOMMENDATION
On November 12, 2020, the Planning Commission reviewed the proposed code amendment. The Planning Commission asked whether any additional code amendments would be forthcoming to address the COVID-19 pandemic. Staff indicated the two items related to COVID-19 that are included in this amendment are the only two that have been identified thus far. The Planning Commission also asked whether any checks or balances would exist to limit the Director’s ability to approve a temporary use for an extended period of time. Staff responded that the longer term temporary use permits are typically associated with a construction project, so these uses would always end at the conclusion of construction. The Planning Commission unanimously passed a resolution to recommend approval of the code amendment.
SUMMARY OF FINDINGS AND STAFF RECOMMENDATION
Section 2.10 of the Land Use and Development Code describes the requirements for a code amendment. A code amendment may be approved only if the City Council finds that all of the following criteria have been met:
1. The amendment furthers the purposes of these regulations in Section 1.01.C.
The amendment provides clarification on processes outlined in these regulations to prevent confusion or delay in interpretation. The amendment also creates consistency with the Municipal Code.
2. The amendment is in accordance with the Comprehensive Plan and has been considered for both its long-range affects as well as immediate impacts.
The Be Brighton Comprehensive Plan provides guidance and direction regarding the needs and purpose of the Land Use and Development Code. The amendment is not contrary to the vision of the Be Brighton Comprehensive Plan. The changes proposed will not have significant short-term or long-term impacts on development patterns in the City. The descriptions of commercial and industrial Future Land Use categories in the Be Brighton Comprehensive Plan support the proposed change to not allow storage uses in the C-3 zoning district.
3. The amendment promotes the public safety, health and general welfare of the community in the City of Brighton.
Clarifying the permitting process will ensure each applicant follows the same process. Modification of the family child care home requirements mirrors an established state exemption. In addition, the removal of the neighborhood meeting requirement for large family child care homes does not take away from the review related to public safety. Creating consistency in the temporary use standards ensures all temporary uses are handled similarly and regulated appropriately due to their temporary nature.
4. The amendment improves the effectiveness and efficiency of administering the Land Development Code.
The amendment clarifies requirements and eliminates inconsistencies with other regulations, which are two of the biggest causes of inefficiency in administering the Land Development Code. When regulations clearly describe the intended condition and have consistency with other regulations, it is easier for staff, applicants, property owners, and elected and appointed officials to come to the same conclusions. In addition the amendment incorporates provisions that will allow the City to be more flexible as COVID-19 continues to affect our daily lives.
In summary, staff finds the proposed amendments meet the criteria for a code amendment as described in Section 2.10 of the Land Use & Development Code. Staff is recommending approval of the amendments to Articles 2, 3, and 4 as drafted. Staff has drafted an ordinance for approval if the City Council agrees with this recommendation.
OPTIONS FOR COUNCIL CONSIDERATION
The City Council has four options when reviewing this Code Amendment application. City Council may:
• Approve the Ordinance on first reading as drafted;
• Approve the Ordinance on first reading with changes;
• Deny the Ordinance as drafted; or
• Continue the item to a date certain if more information is needed.
ATTACHMENTS
• Ordinance (Draft)
• Planning Commission Resolution
• Website Notification of Public Hearing
• City Staff PowerPoint (Draft)