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: October 21, 2024
PURPOSE
Review and consider modifications to the Land Use & Development Code relating to Public Land and Missing Middle Housing.
PROCESSES
The Land Use & Development Code (LUDC) outlines the code amendment process, which allows for initiation of amendments by the City Council, Planning Commission, and staff on behalf of these parties. The proposed amendments were previously discussed with the Planning Commission and the City Council at a study session.
In considering the amendments, the City Council should use the review criteria outlined in Section 2.10(B) of the LUDC. The 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 which staff 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 proposed by staff for your consideration. Listed below are some of the larger topics staff proposes to address.
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 Recreation Center. Upon review, staff 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 proposes eliminating the development standards under the PL district so that these can be controlled by building type. In anticipation of the Recreation Center expansion, and to better plan for future projects, staff proposes 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 products such as duplexes and multi-unit houses. As these building types are the primary component of missing middle housing, staff proposes 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 be adjusted. Additional definitions are proposed for new uses added to Article 4.
CRITERIA BY WHICH THE CITY COUNCIL MUST CONSIDER THE ITEM AND STAFF ANALYSIS
Modifications to the LUDC must meet the following criteria, shown in bold, below. Following each criterion, staff provides an analysis of whether the proposed amendments meet the requirements of that criterion.
1. The amendment furthers the purposes of these regulations in Section 1.01.C.
The amendments support the LUDC by facilitating the expansion of civic uses that contribute to the physical, social and economic well-being of Brighton residents. The amendments also allow property owners the opportunity to increase housing diversity and affordability through building design.
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.
Be Brighton, the Comprehensive Plan, recognizes the importance of the Land Use & Development Code in implementing the goals and policies of the plan. Within the Comprehensive Plan Chapter on ‘Citywide Principles, Policies & Strategies’, the proposed code amendments advance a number of these goals. Policy 1.2 encourages municipal and public facility investments that further the plan’s broader vision and principles. The amendments will allow expansion of the Brighton Recreation Center to increase their support and services to the community. In addition, Policy 2.1 emphasizes the freestanding city that promotes the live, learn, work, shop, and play concept. Within the City, there are various public services that are not currently permitted under the Public Lands zone district. The proposed amendments will allow for existing public/civic uses and remove barriers to expansion through revised development standards. As public services are essential to a well-rounded community, staff proposes revisions that will allow for additional services to support Brighton residents. The amendments also meet Policies 6.4, 6.5 and 8.1 which encourage reinvestment into existing neighborhoods, diverse housing types and infill development. The proposed language would add flexibility to building orientation and encourage reinvestment into infill lots and areas already zoned for multi-unit housing.
3. The amendment promotes the public safety, health, and general welfare of the community in the City of Brighton.
The amendments will clarify the allowance of existing civic uses that serve the community. Staff is also proposing the removal of several auto oriented and industrial uses that do not provide a public benefit. Existing development standards in the LUDC will ensure that future projects develop in a manner that ensures the public safety, health, and general welfare of the community.
4. The amendment improves the effectiveness and efficiency of administering the Land Development Code.
Under the current code, there are conflicts with the setback regulations being provided both by the zone district and the building type. In alignment with other zone districts, the proposed amendments will allow development standards in the PL district to default to the building type. Revised language in both the PL (Public Lands) and O (Open Space) districts will align design requirements with existing buildings and clarify standards for future development.
PUBLIC NOTICE AND INQUIRY
Notice of the public hearing was published on the City of Brighton website at least 15 days prior to the public hearing, as required by Section 2.01(F) of the LUDC. City staff will be publishing notice on social media outlets in the days leading up to the meeting.
SUMMARY OF FINDINGS AND STAFF RECOMMENDATION
Staff finds that the proposed code amendments generally meet the review criteria outlined in Section 2.10(B) Review Criteria, of the LUDC and is, therefore, recommending approval of the code amendments.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission heard the request on October 24, 2024, and recommended approval. (See the attached Resolution #24-12.)
OPTIONS FOR CITY COUNCIL CONSIDERATION
The City Council has four options when reviewing the Code Amendment application. The City Council may:
1. Approve Ordinance amending the LUDC as drafted;
2. Approve the Ordinance amending the LUDC with modifications to the drafted Ordinance;
3. Deny the Ordinance with specific findings to justify the denial; or
4. Continue the item to be heard at a later, specified date if the City Council feels it needs additional information to ensure compliance with the approval criteria as set forth in the LUDC.
Note: A second reading of the ordinance, if approved at first reading, will be required at a future meeting.
ATTACHMENTS
● Draft City Council Ordinance
● Planning Commission Resolution 24-12
● Code Amendment Redlines
● Website Notice
● Website Publication Proof
● City Staff’s Draft Presentation