Legislation Details

File #: ID-177-26    Version: 1 Name:
Type: Informational Report Status: Agenda Ready
File created: 5/28/2026 In control: City Council
On agenda: 6/9/2026 Final action:
Title: Parks & Open Space Land Use and Development Code Amendments
Attachments: 1. Parks & Open Space LUDC Amendments-DRAFT-Joint SS 6-9-26
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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Community Development Department

Reference:                      Parks & Open Space Land Use and Development Code Amendments

To:                     Mayor Gregory Mills, Members of City Council, and Members of the Planning Commission

Through:                                          Michael P. Martinez, City Manager

Prepared By:                     Shawn Weiman, Affordable Housing Coordinator

                                                               Kyle Sylvester, Asst. Director of Parks and Open Space

 

Date Prepared:                     May 27, 2026

 

PURPOSE
To introduce conceptual amendments to the City of Brighton (the “City”) Land Use & Development Code (the “Code”) regarding regulations of parks and open space that will clarify the various parks and open space types, design requirements, and dedication requirements.

 

BACKGROUND

While drafting the Code amendments that were introduced during the City Council and Planning Commission study sessions on October 14, 2025 and November 13, 2025 respectively, Staff found further potential Code amendments specific to parks and open space.

 

The Code identifies parks and open space as “open and civic space,” which is inconsistent with the commonly accepted term “parks and open space” and confuses developers and new staff members. Also, “open and civic space” often gets conflated with “site-specific open space,” which is the area of a lot free of structures and certain other improvements.  Additionally, the parks and open space requirements in the Code are not fully aligned with those in the Parks & Recreation Master Plan.  Lasty, in response to reoccurring developer feedback and considering ongoing housing affordability initiatives, the amount of required open space dedication was examined.

 

STAFF ANALYSIS & RECOMMENDATIONS

Code amendments could be drafted that address the identified issues by renaming, rewriting, and reorganizing regulations related to parks and open space.  Specifically:

1.                     “Open and Civic Space” can be renamed “Parks and Open Space” to align with City signage, the Parks & Recreation Master Plan, the Comprehensive Plan, and to the industry standard;

2.                     “Site-Specific Open Space” can be renamed “Open Lot Area” to differentiate it from open space;

3.                     Open Lot Area requirements can be reorganized and simplified;

4.                     Parks and open space type names and requirements can be aligned with the Parks & Recreation Master Plan and duplicates removed;

5.                     Parks and open space land dedication requirements can be rewritten to simplify their application and clarify how excess dedication may be credited;

6.                     School land dedication requirements can be similarly clarified;

7.                     Water dedication requirements can be removed from the Land Use Code since they appear in the City Municipal Code; and

8.                     The amount of required open space dedication can be decreased to better align with neighboring jurisdictions and the national average yet keep the City on a growth-oriented pace to ensure adequate area is provided.

 

The current amount of existing City parks and open space area is 1,264 acres, where roughly 500 acres are occupied by the Ken Mitchell Park & Open Space area.  The total amount of area equates to 25.3 acres per 1,000 residents.  The National Recreation and Park Association (NRPA) recommends a ratio of between 6.25 to 10.5 acres per 1,000 residents.

 

Staff research revealed that the national baseline of parks and open space dedication is between 10% and 15% of the developed area in stable-oriented communities, and between 15% and 25% of the developed area in growth-oriented communities.  The current City dedication requirement ranges from 25% to 30% of the developed area, depending on density.

 

The City parks and open space combined dedication requirement is 21 acres per 1,000 persons, roughly double that of Thornton and Commerce City.  By decreasing the required open space dedication from 15 to 9 acres per 1,000 persons, the resulting combined dedication of 15 acres (9 acres of open space plus 6 acres of parks) brings the requirement closer to neighboring cities’ requirements.

 

A 15-acre-per-1,000-person dedication requirement equates to roughly 18% to 22% of the developed area, well within the range of a growing community.  The decreased open space dedication rate at a City population of 75,000 would result in 22 acres of parks and open space per 1,000 residents, and at 100,000 residents, 20 acres per 1,000 residents, both roughly twice the NRPA recommendation.

    

The amount of required parks and open space dedication directly relates to housing affordability as the cost of the land (whether raw ground or a fee in lieu of dedication) is allocated among the housing units in a development.  A 6-acre decrease in required open space would decrease the cost of a home by between $1,800 to $3,600, depending on the valuation of the land.  A   commonly used market metric estimates that nearly 1,000 Denver metro buyers are excluded with each $1,000 increase in sales price.  When pared down to 200 out-priced buyers to represent the northeastern metro quadrant, the effect remains significant.  A $3,000 price increase negatively affects an estimated 600 Brighton-area home buyers.

 

 

 

CODE AMENDMENT PROCESS

The Code allows City Staff to initiate amendments on behalf of the City Council and Planning Commission.  The Code provides review criteria to ensure that Code amendments:

1.                     Further the purpose of the Code, specifically here by providing parks and open space that help organize development;

2.                     Are in accordance with the Comprehensive Plan, specifically here by remaining consistent with the parks and open space goals;

3.                     Promote the health, safety, and welfare of the community, specifically here by providing appropriately sized public spaces for the benefit of the community; and

4.                     Improve the effectiveness and efficiency of administering the Code, specifically here by simplifying interpretation and application of Code requirements.

 

Staff requests direction on whether to proceed with drafting Code amendments and bringing them to public hearings before the Planning Commission and the City Council at a later time.

 

ATTACHMENTS

                     Draft PowerPoint Presentation