Body
Department of Community Development
Reference: Land Use and Development Code Update
To: Mayor Kenneth J. Kreutzer and Members of City Council
Chairman Chris Maslanik and Members of Planning Commission
Through: Holly Prather, AICP, Community Development Director
Marv Falconburg, AICP, Acting City Manager
Prepared By: Aja Tibbs, Long Range Planner
Date Prepared: September 17, 2019
PURPOSE
To keep the City Council and Planning Commission informed of the Land Use and Development Code Update, provide an overview of the public comment period and prepare for the adoption draft and adoption process.
BACKGROUND
At a joint study session meeting held on August 13, 2019 staff and the City’s consultant presented a history and current status of the Land Use and Development Code Update. A copy of the staff report has been linked as a related file for your reference (ID-242-19).
LAUNCH PHASE UPDATE: PUBLIC COMMENT PERIOD
Since the meeting held in early August, a public draft of the Land Use and Development Code has been published on the city website and referred to external agencies. Staff has held a public open house and encouraged as many people as possible to participate through social media, email, and the city website. Below is synopsis of the comments received at the last study session, the public open house and those formally received on the public draft during the public comment period.
Joint Study Session
Scope of the Land Use and Development Code:
The Land Use and Development Code is one of the tools used to implement the Be Brighton Comprehensive Plan. It does so by setting specific standards for land use and the built environment which aim to meet the goals and policies of the plan. Land use codes are adopted as a part of the Municipal Code, and therefore become local law upon approval. The standards need to be thorough and detailed enough for enforcement and application review, but overly technical aspects such as sizing of infrastructure and planting details are better served in a separate document. Additionally, specifics that easily or quickly change such as special programs or city services are also better left out of the regulations so that they can be adjusted when funded or needed. With the exception of the new affordable housing regulations, the draft code does not propose to modify the scope beyond the subject matter regulated in the current code.
Subdivision and Phasing of Improvements:
Under the proposed code all phasing and improvements will be determined through a Subdivision Plan. At that application, the applicant will provide the city with studies of the impacts of the proposed development so that staff may review those impacts and require the improvements be constructed by a certain time. The extent of the improvements and the timeline of those improvements would be included in the Subdivision Plan that will be reviewed at a public hearing by the Planning Commission and accepted by the City Council.
Accessory Dwelling Units (ADU’s):
Accessory dwellings will be allowed as an accessory use to a primary residence. Standards for this use have been drafted to limit the number, location, size/scale, and impacts to the new use within existing neighborhoods.
Affordable Housing:
Affordable housing is a broad issue that can’t be entirely addressed with the draft code. However, there are two areas that the proposed code most impacts the matter. First, the code was drafted to encourage a broader spectrum of housing styles and types. Generally, diversifying housing and allowing more options to convert existing residences help increase the number of units available to varying incomes. Second, the neighborhood design standards allow the Planning Commission and City Council to incentivize projects which contain a minimum of 15% affordable units or require affordable housing for projects with more than 200 units. The standards provide examples of possible incentives, however the details outlining the level of affordability, and the manner in which the units will be constructed and/or restricted would require a separate agreement to address market conditions and affordability needs at the time of development.
Impacts to Local Business:
Brighton businesses are most directly impacted by the Land Use and Development Code if constructing a new location, or retrofitting/moving to an existing one. In these instances, the proposed regulations seek to eliminate confusion and create requirements where they are most important - in the public realm. Land use and development regulations will always have impacts and costs to local business, but the proposed code aims to simplify the process, take less time, and clarify the needs of the community. The development requirements seek a balance between the interests of both those whom work and live in Brighton.
Public Notice Procedures:
The draft code requires public hearings for annexation, subdivision plan, zoning, planned development, conditional use, variance, code amendment, and appeal applications. The procedure for public notice for these applications is now the same (special applications such as oil and gas are excepted). The public draft has been modified to make a few minor adjustments based on the comments received. First, published notice may include notice in the newspaper or the city website. If the proposed code is adopted, city staff intends to shift to website publications per comments made by the public at various public meetings. Second, provisions have been added to the notice mailings to extend notice from 300’ to 1000’ if the project is surrounded by large properties or include a large area which may impact a larger number of surrounding properties.
Public Open House
An open house was held for the community on August 14th. Staff and the consultant team focused on five main themes to demonstrate how the draft code was aligning with the vision and goals of the Be Brighton Comprehensive Plan. A copy of the boards displayed at the open house have been attached for reference. No formal comments were taken at the open house, but a summary of the discussions held with attendees in response to the information displayed covered the following topics:
• What the Land Use and Development Code is and what it does
• How the new standards would impact a specific development project
• Desire to see options for more dense single family development by allowing smaller lot sizes and reduced setbacks beyond the reductions already proposed
• Code enforcement of land use code violations
• Transportation topics that are independent of the Land Use and Development Code
o Desire to see Bus Rapid Transit (BRT) to Boulder, and road improvements without adjacent or related development
All attendees were encouraged to view the draft code and submit formal comments in response to the discussion and information provided. Several of the attendees submitted formal comments through the website.
Public Comments
A copy of the public draft was published on the city website and open for comment from August 15 to September 15. Staff received comments from nine individuals; two from neighboring jurisdictions; one from a resident to address a special issue interest, and six regarding development interests. Staff and the consultant have reviewed the comments and will integrate changes which are consistent with the goals and intent of the comprehensive plan. However, there are a few comments which are contrary to the intent of this amendment and should be considered before editing the proposed code. A summary of those broader, policy related issues are listed below.
Compact City Lots:
Reduce the minimum lot size below the proposed 3,000 SF minimum and further reduce setbacks to maximize the build-out area of compact lots.
Garage Orientation:
Remove or expand the driveway width limitations so that all garages can be forward facing and accessible from a front “suburban-style” street. There isn’t a market for alley-loaded or shared driveway neighborhoods.
Affordable Housing:
Incentives for affordable housing is supported and necessary but there is not enough definition in the regulations to make it a requirement. The standard which may require affordable housing for neighborhoods with more than 200 units should be removed.
Implementation of the New Code:
Questions regarding the continued use of approved application types that will be removed if the draft code is adopted. This only applies to PUD’s and preliminary plats.
Market Study:
The development code is written from a land-planning perspective and not a market perspective. A market study should be performed and used to adjust the proposed code.
Staff will bring additional information on these comments for the study session discussion, as well as follow up with each commenter to review and clarify the submitted comments. Based on the direction received, final edits will be integrated into the adoption draft for the public hearing process.
OPTIONS FOR COUNCIL CONSIDERATION
Staff welcomes any feedback the Planning Commission and City Council would like to provide regarding the public draft and/or comments received in preparation of an adoption draft. Following feedback from the Planning Commission and City Council regarding the public comment, staff will proceed with the development of the adoption draft and public hearing process.
ATTACHMENTS
• Website link to the Public Draft of the Land Use and Development Code
• Open House Information Boards