Department of Community Development
Reference: Land Use & Development Code Articles 4, 5 and 11
To: Mayor Gregory Mills and Members of the City Council
Through: Michael P. Martinez, City Manager
Prepared By: Summer McCann, Senior Planner
Date Prepared: August 21, 2024
PURPOSE
Staff would like to alert the City Council to changes that may be necessary to Articles 4, 5 and 11 of the Land Use and Development Code (LUDC). The suggested amendments would revise allowed uses and development standards in the Public Lands (PL) and Open Space (O) Districts. Also under Article 4, staff would memorialize the addition of uses that already exist within the City. In response to the City’s housing needs, staff suggests clarifying the description for missing middle housing types in Article 5. Lastly, changes to the definitions section are needed in response to the previously mentioned revisions.
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 the Land Use & Development Code’s Section 2.10 B. 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
The LUDC are regulations we continually work to improve and adjust. Staff looks 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 your consideration. Listed below are some of the larger topics to address, but small changes or other items may be included with the modifications when the code amendment comes for a public hearing.
Article 4 - Defines zone districts and uses within the City.
Earlier this year, staff held a Pre-application Conference (PAC) regarding the proposed expansion of the Brighton Rec Center. Upon staff review, it was determined that under the current Public Lands (PL) zoning, a “recreation center” was not allowed. In addition, the proposed expansion could not meet the 50’ setback required by the PL zone district. Under the LUDC, setbacks are established by building type, not zone district. Staff suggests eliminating the development standards under the PL district so that these can be controlled by building type. In anticipation of the rec center expansion and to better plan for future projects, staff suggests revisions to Table 4-2, which establishes the uses allowed in each zone district. Revisions to the Public Lands (PL) and Open Space (O) districts will expand allowed uses and better align development standards with other zone districts. The changes would also add uses such as, Marijuana Store and Water and/or Wastewater Treatment Plant, which exist in Brighton but are not currently listed. Lastly, revisions in Article 4 seek to clarify the allowance of clubhouses/leasing offices as an accessory use within residential districts.
Article 5 - Includes design standards for residential development.
Staff has held several PACs with property owners interested in developing medium density product such as duplexes and multi-unit houses. As these building types are the primary component of missing middle housing, staff suggests a revised building description for Duplex/Multi-unit House. The revision will allow for more flexible building orientation including units arranged in a “up/down”, “front/back” or “side-by-side” configuration to encourage infill development on existing lots.
Article 11 - 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. Additional definitions are suggested for new uses added to Article 4.
CRITERIA BY WHICH THE CITY COUNCIL MUST CONSIDER THE ITEM
LAND USE & DEVELOPMENT CODE:
Modifications to the Land Use & Development Code 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 recommends taking the code amendments to public hearings with the Planning Commission and City Council in the near future.
OPTIONS FOR CITY COUNCIL CONSIDERATION
1. Direct staff to proceed with the 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