Department of Community Development
Reference: Historic Preservation Code Amendments - Brighton Municipal 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 BMC within Article 2-66.
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 prior to the amendments being heard by the City Council.
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 which are included in the proposed amendments are 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.
PUBLIC NOTICE AND INQUIRY
While not required of changes to the BMC, notice of the meeting was published on the City of Brighton website at least 15 days prior to the meeting. City staff has also posted notice on social media outlets in the days leading up to the meeting.
STAFF RECOMMENDATION
Staff is recommending approval of the code amendments as the amendments better allow for the implementation of historic preservation practices within the City.
OPTIONS FOR CITY COUNCIL CONSIDERATION
The City Council has four options when reviewing the BMC code amendments. 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 make a decision.
ATTACHMENTS
● Draft Ordinance
● Website Notice
● Website Publication Proof
● Adopted HPC Bylaws
● BMC Article 2-66 Redlines
● LUDC Section 10.03 Redlines
● Draft PowerPoint Presentation