Department of Community Development
Reference: Historic Preservation Code Amendments - Land Use & Development Code
To: Mayor Gregory Mills and Members of the City Council
Through: Michael P. Martinez, City Manager
Prepared By: Emma Lane, AICP, Senior Planner - Historic Preservation
Date Prepared: January 16, 2024
PURPOSE
Staff evaluated the three guiding documents related to Historic Preservation within the City. This includes the Historic Preservation Commission (HPC) Bylaws, the Brighton Municipal Code (BMC) Article 2-66, and the Land Use & Development Code (LUDC) Section 10.03. The City Council shall consider modifications to the LUDC within Section 10.03.
PROCESSES
The HPC Bylaws outline the adoption of bylaw amendments by the HPC with an affirmative vote of four members of the Commission. Recently, amendments were approved by the HPC on October 19, 2023. The information within the staff report and presentation regarding the Bylaws are for context purposes only.
The BMC shall be amended by ordinance with review and approval by the City Council.
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 recommendation and approval of this document shall be through public hearing processes with a recommendation from the Planning Commission and a decision from the City Council.
The City Council shall use the Review Criteria outlined in LUDC Section 2.10 B. for changes to the LUDC. The Code Amendment 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
This agenda item includes a variety of amendments to the Bylaws for context, and to the BMC and LUDC for your consideration. Listed below are some of the larger topics staff has addressed, but small changes and items not substantial in nature are included in the proposed amendments but not outlined here.
HISTORIC PRESERVATION COMMISSION BYLAWS:
Changes to the HPC Bylaws (reviewed and approved by the HPC on October 19, 2023) include the following:
• Removing duties of the HPC that are already laid out in the BMC;
• Adding organizational items that were previously laid out in the other two documents;
• Streamlining various names, acronyms and terms; and
• Correcting various typos and grammatical errors.
BRIGHTON MUNICIPAL CODE ARTICLE 2-66:
Changes to the BMC include the following:
• Removing duplicative information that is better suited within the Bylaws;
• Adding information from the other two documents that is better suited in the BMC;
• Removing the need for an annual report and future action plan to the City Clerk;
• Streamlining various names, acronyms and terms; and
• Correcting various typos and grammatical errors
LAND USE & DEVELOPMENT CODE SECTION 10.03:
Changes to the LUDC include the following:
• Simplifying processes that are convoluted and hard to follow;
• Reevaluating the definitions section and creating consistency within the document by using defined terms;
• Creating consistency in review criteria for reviews of Certificates of Appropriateness, designation, demolition, and other reviews;
• Streamlining various names, acronyms and terms; and
• Correcting various typos and grammatical errors.
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.
The amendment supports the LUDC by implementing recommendations from the Comprehensive Plan that relate to the practice of historic preservation within the City.
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.
The amendment is accordance with the Comprehensive Plan, specifically Policy 10.1 of Chapter 4: Citywide Principles, Policies & Strategies, Encourage and Support Historic Preservation and Reuse of Existing Structures. The amendments to the historic preservation code allow for easier implementation of the historic preservation processes. Ensuring the approval processes are easy is critical to encouraging more historic designations and maintaining good relationships with owners and tenants of designated structures.
3. The amendment promotes the public safety, health, and general welfare of the community in the City of Brighton.
The Intent of the historic preservation code is to promote the public health, safety, and welfare of the citizens of the City while also providing for the orderly and appropriate preservation, protection, development, and redevelopment of structures and districts in the City. The amendments to the historic preservation code aim to streamline review processes, defined terms, and other areas of the code that will make it easier to implement both the promotion of health, safety and welfare, but also the appropriate preservation of resources within the City.
4. The amendment improves the effectiveness and efficiency of administering the Land Development Code.
The amendments to the historic preservation code are a direct result of the difficulty of implementing the LUDC, and the edits made to the code aim to improve the effectiveness and efficiency of administration of this portion of the LUDC.
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 Land Use & Development Code. City staff has also posted 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 Land Use & Development Code and is therefore recommending approval of the code amendments.
PLANNING COMMISSION RECOMMENDATION
As required of updates to the LUDC, through a public hearing, the Planning Commission voted unanimously to recommend approval of the proposed LUDC code amendments with Resolution #24-02 on January 11, 2024.
OPTIONS FOR CITY COUNCIL CONSIDERATION
The City Council has four options when reviewing the Code Amendment application. The City Council may:
1. Approve the code amendments as drafted;
2. Deny the code amendments;
3. Approve the code amendments with changes 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 Land Use & Development Code.
ATTACHMENTS
● Draft Ordinance
● Signed Resolution #24-02
● Website Notice
● Website Publication Proof
● Adopted HPC Bylaws
● BMC Article 2-66 Redlines
● LUDC Section 10.03 Redlines
● Draft PowerPoint Presentation