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Title:
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Wireless Communication Facilities and References to the Comprehensive Plan in the Land Use & Development Code - Articles 4, 10, and 11
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Department of Community Development
Reference: Wireless Communication Facilities (WCFs) and References to the Comprehensive Plan in the Land Use & Development Code-Articles 4, 10, and 11
To: Mayor Gregory Mills and Members of the City Council
Through: Michael P. Martinez, City Manager
Prepared By: Grey Shipman, Planner I
Date Prepared: August 25, 2025
PURPOSE
To review and consider amendments to the Land Use & Development Code (the "Code") regarding: (1) Wireless Communication Facilities (WCFs) and (2) references to the Comprehensive Plan per HB25-1056.
PROCESS
Amendments to the Code may be initiated by the City Council, Planning Commission, and staff on behalf of these entities, as outlined in the Code.
The City Council should use the review criteria outlined in Section 2.10(B) for changes to the Code. The amendment criteria generally include, but are not limited to, the following:
* Furthering the purposes of the Code;
* 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 Code.
BACKGROUND AND SUMMARY OF AMENDMENTS
Wireless Communication Facilities
On June 4, 2025, the State of Colorado passed a new law, HB25-1056 - Local Government Permitting Wireless Telecommunications Facilities, which limits the permits and applications that local governments can require for certain types of WCFs, specifically Eligible Facility Requests (EFRs). EFRs are minor modifications or additions to existing WCFs. Additionally, HB25-1056 changes the consequences for when local governments fail to meet review timeframes (i.e., to approve or deny WCF applications). Staff is proposing amendments to Article 10 to comply with HB 25-1056.
Article 10 - Supplemental Standards. Article 10 contains the City's regulations for WCFs and refers to the City's EFR application as a "Site Improvement Permit." However, HB25-1056 prohibits local governments from requiring a "siting application or additional permits" for minor modifications that qualify as EFRs. Therefore, staff recommends removing the term "Site Improvement Permit" in the review procedures section for EFRs. Staff will continue to have an application, by a different name, which verifies that modifications to a WCF qualify as an EFR -minor modifications as defined by state and federal law. Staff is also making other updates to WCF regulations to improve readability and better comply with required state and federal review timeframes. For example, Article 10 does not currently contain shorter review timelines that apply to certain types of WCF applications, specifically applications to install a Small Wireless Facility on an existing structure (60 day review period) and applications to collocate a facility, other than a Small Wireless Facility, using a new structure (90 day review period).
References to the Comprehensive Plan
City staff are currently working with consultants to create a new comprehensive plan for the City of Brighton. The new Comprehensive Plan may have different content and a different structure than the current Be Brighton Comprehensive Plan (2016). The Code includes several references to the Comprehensive Plan, and a different Comprehensive Plan may affect how some of these references function, i.e., regulate land use and development. To avoid potential issues, staff is proposing amendments to eliminate some superfluous references to the Comprehensive Plan in Articles 4 and 11.
Article 4 - Zoning District and Uses. Table 4-1 Zone District & Intent describes the City's zoning districts. Staff recommends removing the "Relationship to the Comprehensive Plan" column in Table 4-1. The new Comprehensive Plan may have different recommendations for future land uses within the City, which may mean that zoning districts should be utilized in different ways than what is currently described in this column.
Article 11 - Definitions & Terms. In Article 10, the term "City Core" is defined as "[t]he area defined, described and mapped as the City Core Planning Area in the Comprehensive Plan." However, the term City Core does not appear anywhere else in the LUDC. Staff recommends removing the term "City Core."
STAFF RECOMMENDATION
Staff recommends taking the proposed code amendments to public hearings with the Planning Commission and the City Council in the near future to comply with House Bill 25-1056.
OPTIONS FOR CITY COUNCIL CONSIDERATION
1. Direct staff to proceed with the proposed code amendments;
2. Direct staff to proceed with the code amendments with modifications based on the study session discussion; or
3. Direct staff not to proceed with the code amendments.
ATTACHMENT
? Draft PowerPoint Presentation