Department of Community Development
Reference: Land Use Development Code Articles 4 and 11
To: Mayor Gregory Mills and Members of City Council
Through: Michael P. Martinez, City Manager
Prepared By: Amanda Diaz, Associate Planner
Date Prepared: April 15, 2025
PURPOSE
Staff has received feedback from several different potential gas stations that our current definitions for gas stations are cumbersome and do not align with typical gas station designs. Staff has prepared proposed changes in response to feedback received from gas station developers on the restrictive nature of the current definitions.
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 entities. The recommendation and approval of code amendments shall be through public hearing processes with a recommendation from the Planning Commission prior to the amendments being heard by 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 amendments to the gas station definitions and allowable zoning districts to the LUDC for your consideration. Listed below are some of the topics staff would propose to address, but small changes or other items may be included with the modifications when the code amendment comes before each body for a public hearing. We would be happy to include modifications to the proposed LUDC amendments by members of the City Council as well.
LAND USE & DEVELOPMENT CODE SECTION 11.01:
Changes to the LUDC include the following:
• Replacing the current definitions for gas stations with simpler definitions
o The current definitions in the LUDC regulate many design aspects of a gas station. This includes the number of pumps, service bays, islands, and size of the convenience store. These types of regulations are not aligned with traditional gas station designs.
• Consolidating the types of gas stations into fewer categories
o In the current LUDC, there are four different types of gas stations. This makes it convoluted for prospective developers.
• Reevaluating the allowable zoning districts for gas stations
o Since staff is proposing to consolidate the four different types of gas stations and definitions, it was also deemed appropriate to review the allowable zoning districts for this use. Staff is proposing not to regulate gas stations by size anymore, because of this change, it was determined larger gas stations should not be located in less intense commercial districts adjacent to housing.
CRITERIA BY WHICH THE CITY COUNCIL MUST CONSIDER THE ITEM
Amendments 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 recommends taking the proposed code amendments to public hearings with Planning Commission and 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