Department of Community Development
Reference: Land Use & Development Code Articles 4, 6 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: December 23, 2025
PURPOSE
Staff has received feedback from several different potential gas station developers that the city’s 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 and other sections of the code that are tied to these 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.
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 sections that staff is proposing to amend.
Proposed LUDC Amendments:
Article 4 - Zoning District and Uses
• 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.
Article 6 - Non-residential Design Standards
• Canopy design standard changes
o Currently, canopy sizes for fueling stations are regulated by size from the past definitions. This needs to be updated to reflect the updated definition, which does not regulate fueling stations by size.
Article 11- Definition and Terms
• 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 current gas station designs and may be preventing prospective gas stations from locating in Brighton.
• Consolidating the types of gas stations into fewer categories
o In the current LUDC, there are four different types of gas stations. The items regulated for each type of gas station vary slightly with each gas station category, making it even more difficult to align a design with the definitions.
• New definitions
o Vehicle - Fueling Station - An establishment primarily engaged in the sale of gasoline, diesel, or other forms of fuel for vehicles. Additional on-site uses may include a convenience store with food sales and/or a car wash. Fueling stations may not include the lease or sale of automobiles, or maintenance related activities such as auto body painting, minor repair, and/or tire replacement. A fueling station shall have no more than eight (8) dispensers. A dispenser is a unit that offers fuel and allows payment on two sides. Fueling stations that are associated with a grocer may have an additional two (2) dispensers. Fueling stations that are located adjacent to a highway may have up to eighteen (18) dispensers. Electric vehicle charging points shall not count towards the maximum allowed dispensers.
o Vehicle - Travel Center - An establishment that provides a variety of services for travelers, particularly those on extended road trips and/or those that are commercial truck drivers. Allowed on-site uses may include a vehicle fueling station, convenience store, restaurant, food court, restroom and shower facilities, recreational facilities, parking areas, lodging, and vehicle services. Vehicle services may include oil changes, tire changes and minor repairs, but may not include heavy vehicle servicing such as engine replacement, transmission repair or auto body cosmetic work. A travel center’s vehicle fueling station shall have no more than twenty (20) dispensers. A dispenser is a unit that offers fuel and allows payment on two sides. Electric vehicle charging points shall not count towards the maximum allowed dispensers.
CRITERIA BY WHICH 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 allowing for the economic well-being of residents and businesses by removing potential impediments to the construction of new fueling stations throughout 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.
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 2.1 encourages diverse industry to reduce the percentage of citizens commuting out of Brighton. The amendments will allow for fueling stations to develop more easily throughout the city. In addition, policy 5.4 emphasizes expanding the base of commercial and industrial businesses through proactive economic development activities. With the current definitions, fueling stations are restricted by four design factors, making it difficult for developers to construct fueling stations in the city. The proposed amendments will remove these design restrictions and reduce the number of fueling station categories from four to two. Also, as different power sources are presented in the market it’s important that fueling stations include the possibility for electric vehicle charging stations and other fuel types. The new definitions include various fuels and electric vehicle charging stations to provide developers flexibility.
3. The amendment promotes the public safety, health, and general welfare of the community in the City of Brighton.
The amendments will simplify the definitions for fueling stations throughout the community. Staff is proposing removing fueling station uses in neighborhood commercial centers and allowing this use in the more intensive zoning districts. 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, gas station design restrictions make it difficult to construct to today’s standards. Changing the definitions from size-based to two encompassing definitions simplifies the use and its intent in an effective manner.
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.
PLANNING COMMISSION DECISION
The Planning Commission unanimously recommended approval of the Code Amendments on December 11, 2025 (see attached Resolution #25-13).
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.
OPTIONS FOR CITY COUNCIL CONSIDERATION
The City Council has four options when reviewing the proposed 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 ensure compliance with the approval criteria as set forth in the Land Use & Development Code.
If approved, a second reading of the ordinance will be required at a future meeting.
ATTACHMENTS
● Draft City Council Ordinance
● Planning Commission Resolution 25-13
● Website Notice
● Website Publication Proof
● Redlines to Article 4 of the LUDC
● Redlines to Article 6 of the LUDC
● Redlines to Article 11 of the LUDC
● City Staff’s Presentation