Department of Community Development
Reference: Parks & Open Space Land Use and Development Code Amendments
To: Mayor Gregory Mills and Members of City Council
Through: Michael P. Martinez, City Manager
Prepared By: Shawn Weiman, Affordable Housing Coordinator
Date Prepared: October 22, 2026
PURPOSE
To review and consider amendments to the City of Brighton (the “City”) Land Use & Development Code (the “Code”) regarding regulations of parks and open space that will clarify the various parks and open space types, design requirements, and dedication requirements.
BACKGROUND
The amendments to the parks and open space portions of the Code were brought before both the Planning Commission and the City Council at a study session on June 9, 2026. The Code identifies parks and open space as “open and civic space,” which is inconsistent with the commonly accepted term “parks and open space.” Also, “open and civic space” often gets conflated with “site-specific open space,” which is the area of a lot free of structures and certain other improvements. Additionally, the parks and open space requirements in the Code are not fully aligned with those in the Parks & Recreation Master Plan (the “Plan”). Lastly, in response to reoccurring developer feedback and considering ongoing housing affordability initiatives, the amount of required open space dedication and how different types of parks and open space dedication are applied were examined.
STAFF ANALYSIS
Amendments aligning the Code with the Plan will more effectively apply the intent of each. Also, Staff compared the City parks and open space dedication requirements to the National Recreation and Park Association recommendations and to neighboring cities. The comparisons showed that current City dedication requirements are generally twice that of the recommendation and other cities’ requirements. Decreasing the amount of open space dedication will maintain a comparable and adequate amount of dedication that meets the City’s goals as well as reduce the cost of new home construction. Further, clarifying certain aspects of the Code will improve its application and interpretation.
SUMMARY OF AMENDMENTS
Article 3 - Includes open and civic space requirements and design standards.
The following modifications are proposed:
1. Align the names and requirements of types of parks and open space with the City Parks & Recreation Master Plan.
2. Move parks and open space dedication requirements from Section 3.05 to Section 3.02, the section that specifically covers parks and open space.
3. Replace Table 3-7 Open and Civic Space Types & Requirements with text.
4. Reduce required open space dedication from 15 acres per 1,000 people to 9 acres per 1,000 people.
5. Eliminate how different types of parks and open space are applied to the dedication requirement at different rates.
6. Eliminate the parks and open space dedication requirement for non-residential development.
7. Require parks and open space of one acre or larger to be named.
8. Clarify the process for dedicating parks and open space and school land.
9. Remove water dedication provisions from the Code since they appear in the City Municipal Code.
Article 5 - Includes design standards for residential development.
The following modification is proposed: Remove the parks and open space requirements for the Manufactured and Small-Format Housing District and move them to Article 3.
Article 6 - Includes design standards for non-residential development.
The following modifications are proposed:
1. Rename “site-specific open space” to “open lot area.”
2. Replace Table 6-3 Site Open Space Requirements with text.
3. Rewrite the site-specific open space design standards to emphasize the intent of the spaces as providing usable outdoor amenities available to employees or the public.
Article 7 - Includes parking requirements and design standards.
The following modification is proposed: Remove site-specific open space as a means by which to mitigate the impact of providing parking area over 125% of the requirement.
Miscellaneous corrections and edits that clarify and better apply the Code are included in the presented amendments.
CODE AMENDMENT PROCESS
The Code amendment process allows for the initiation of amendments by the City Council, Planning Commission, and City Staff on behalf of these entities. Proposed Code amendments are first introduced at a study session to understand whether they should be refined and brought forward for consideration. Code amendments are then reviewed at a public hearing before the Planning Commission, who make a recommendation to the City Council. The City Council holds a public hearing to consider the amendments. Code amendments are approved by ordinance.
Code amendments shall be reviewed according to the criteria listed in Section 2.10(B) of the Code, which appear below with Staff analysis of the amendments’ compliance following each criterion.
1. The amendment furthers the purposes of the Code listed in Section 1.01(C).
The amendments further the purposes of the Code by:
a. Promoting planning and urban design that emphasizes distinct places and unique elements; and
b. Providing parks and open space that help organize development that contributes to a valuable public realm.
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.
The amendments are consistent with the Comprehensive Plan by supporting the implementation and application of the Parks & Recreation Master Plan and promoting the parks and open space goals outlined in the Comprehensive Plan.
3. The amendment promotes the public safety, health, and general welfare of the community of the City.
The amendments promote the health, safety, and welfare of the community by providing public outdoor spaces for the benefit and enjoyment of the community and by requiring an amount of parks and open space dedication that is appropriately sized for the community.
4. The amendment improves the effectiveness and efficiency of administering the Code.
The amendments improve the effectiveness of administering the Code by rewriting standards that are likely subject to interpretation and by simplifying the application of Code requirements.
PUBLIC NOTICE
Notice of the public hearing was published on the City website on October 6, 2026, at least 15 days prior to the public hearing, as required by Section 2.01(F) of the Code.
STAFF RECOMMENDATION
Staff finds that the proposed Code amendments generally meet the review criteria outlined in Section 2.10(B) of the Code and, therefore, recommends approval of the Code amendments.
PLANNING COMMISSION RECOMMENDATION
The proposed Code amendments were reviewed at a public hearing before the Planning Commission on July 9, 2026, who made a recommendation for approval by the City Council in Resolution No. 26-10.
OPTIONS FOR CITY COUNCIL CONSIDERATION
The City Council has three options when considering the ordinance and may:
1. Approve the ordinance;
2. Deny the ordinance; or
3. Continue the item to be heard at a later, specified date if the City Council would like changes to be made to the ordinance or feels it needs additional information to ensure compliance with the approval criteria as set forth in the Land Use & Development Code.
ATTACHMENTS
● Draft Ordinance Amending Certain Articles of the Land Use and Development Code
● Draft Code Amendments
● Public Notice
● Proof of Public Notice Publication
● Draft PowerPoint Presentation