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Title:
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Nonfunctional Turf - Land Use & Development Code Articles 8 and 11
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Department of Community Development
Reference: Nonfunctional Turf - Land Use & Development Code Articles 8 and 11
To: Mayor Gregory Mills and Members of City Council
Through: Michael P. Martinez, City Manager
Prepared By: Colton Guarini, Planner I
Date Prepared: September 9, 2025
PURPOSE
Review and consider modifications to the Land Use & Development Code ("LUDC") relating to Nonfunctional Turf, Artificial Turf, and Invasive Plant Species per Senate Bill 24-005 and House Bill 25-1113.
PROCESS
The 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.
In considering amendments, the City Council should use the review criteria outlined in Section 2.10(B) of the LUDC. The review 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
The LUDC must be compliant with the Colorado Revised Statutes (CRS) when the state has made it a matter of statewide concern. This agenda item includes a variety of amendments necessary to address recent changes in the CRS that have preempted local control with respect to landscaping as well as implementation of one component of the Brighton Community Identity Design Plan. Senate Bill 24-005 requires that a local government prohibit the installation or placement of any nonfunctional turf, artificial turf, or invasive plant species by January 1, 2026. HB25-1113 requires that the City update its code by January 1, 2028, so City Council can expect another ordinance implementing those requirements at a later date. Listed below are some of the larger topics staff proposes to address in the upcoming ordinance.
Article 8 - Provides the standards for Landscaping and Site Design within the City.
The State of Colorado passed Senate Bill 24-005 and House Bill 25-1113 to prohibit Nonfunctional Turf, Artificial Turf, and Invasive Species in Commercial, Institutional, Industrial, Common Interest Communities, Street Right of Ways, Parking Lots, Medians, and Transportation Corridors. Both bills carve out Civic, Community, and Recreational purposes as "Functional Turf". Upon review, staff determined that the City code needed to be modified to reflect the new state laws. Staff proposes: 1) implementing state standards into the existing planting requirements table; and 2) revisions to Table 8-1, which establishes the Planting Requirements for each site element.
Staff also recommends revisions to Article 8 to add additional sound mitigation options for properties located along heavily traveled roads. With the recent and future development of residential neighborhoods near major roadways like Interstate 76, staff believes that further protections are necessary for the welfare of residents. The Brighton Community Identity Design Plan included a sound wall design that will be required to be implemented on any new sound wall constructed in the City, which will add to the sense of place for Brighton.
Article 11 - Provides descriptions and definitions for terms mentioned in the LUDC. The following terms are being modified in Section 11.03 Definitions: Designated Recreational Areas and the following will be added Functional Turf, Nonfunctional Turf, and Turf.
These revisions are proposed to align with the new statutory language created through SB 24-005 and HB 25-1113.
STAFF RECOMMENDATION
Staff recommends taking the proposed code amendments to public hearings with the Planning Commission and the City Council soon to comply with Senate Bill 24-005.
OPTIONS FOR CITY COUNCIL AND PLANNING COMMISSION CONSIDERATION
1. Direct staff to proceed with the proposed code amendments;
2. Direct staff to proceed with the code amendments, modified based on the study session discussion; or
3. Direct staff not to proceed with the code amendments.
ATTACHMENT
? Draft PowerPoint Presentation|1010|