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File #: ID-117-25    Version: 1 Name:
Type: Ordinance Status: Agenda Ready
File created: 5/5/2025 In control: City Council
On agenda: 5/20/2025 Final action:
Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, AMENDING THE DEVELOPMENT IMPACT FEES SECTION 3-5 OF THE BRIGHTON MUNICIPAL CODE (FIRST READING)
Attachments: 1. Ordinance Affordable Housing Development Impact Fees Code Amendments, 2. ARTICLE 3-5 Affordable Housing Development Impact Fees Redlined Changes, 3. Affordable Hsg Def & Matrix Revs CC Presentation 5-20-25
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Department of Community Development

Reference:                       AMENDING THE DEVELOPMENT IMPACT FEES SECTION 3-5 OF THE BRIGHTON MUNICIPAL CODE

To:                                                               Mayor Gregory Mills and Members of the City Council

Through:                                          Michael P. Martinez, City Manager

Prepared By:                                          Shawn Weiman, Affordable Housing Coordinator

Date Prepared:                     May 5, 2025

 

PURPOSE

To review and consider (1) passing an ordinance amending portions of the City municipal code that define affordable housing and outline the process by which fee reductions are applied for, reviewed, and considered, and (2) adopting a resolution replacing the Attainable Housing Matrix (the “Matrix”) with the Affordable Housing Fee & Dedication Reduction Table (the “Table”).

 

BACKGROUND

During City Council study sessions held on January 28, 2025 and April 8, 2025, background was provided for revising the definition of affordable housing and the Matrix.  Namely, strategies to achieve the goals identified in the Brighton Housing Needs and Incentives Strategies Assessment (the “HNA”) include redefining “affordable housing” and revising the guidelines for affordable housing fee reductions.  Area Median Income (AMI) levels and their source, affordability mechanisms and their durations, and impact fees eligible for reduction and the reduction amounts were presented at the study sessions.

 

The draft municipal code amendments set out in the ordinance and the Table will address the following:

1.                     Raise the AMI qualifications for fee reductions to 100% AMI for owner housing and 80% for rental housing,

2.                     Set a 30-year minimum restriction duration for affordable housing,

3.                     Accept affordability mechanisms as recognized by the Colorado Department of Local Affairs,

4.                     Establish the Colorado Housing and Finance Authority Income Limit and Maximum Rent Table for Adams County as the source of income limits, and

5.                     Clarify and correct the procedure for applying for, reviewing, and considering fee reduction, subsidy, or other incentives for affordable housing.

 

PUBLIC NOTICE

While not required for these amendments, notice of the public hearing was published on the City of Brighton website on May 1, 2025.

 

STAFF RECOMMENDATION

City staff recommend approval of the draft ordinance and draft resolution to assist in the development of affordable housing projects within the city and implement strategies recommended in the HNA.

 

OPTIONS FOR CITY COUNCIL CONSIDERATION

The City Council has four options each when considering the ordinance and the resolution.  The City Council may:

1.                     Approve the ordinance and/or the resolution as drafted;

2.                     Approve a modified ordinance and/or resolution;

3.                     Not approve the ordinance and/or resolution; or

4.                     Continue the item(s) to be heard at a later, specified date.

 

Note: If approved, a second reading of the ordinance will be required at a future meeting.

 

ATTACHMENTS

                     Draft PowerPoint Presentation “Affordable Hsg Def & Matrix Revs CC Presentation”

                     Draft Ordinance Amending the Development Impact Fees Section 3-5 of the Brighton Municipal Code

                     Draft Code Amendments in Redlined Format