Department of Community Development
Reference: Historic Preservation Overview and Code Amendments
To: Mayor Gregory Mills and Members of the City Council
Through: Michael P. Martinez, City Manager
Prepared By: Emma Lane, AICP, Senior Planner - Historic Preservation
Date Prepared: December 15, 2023
HISTORIC PRESERVATION OVERVIEW
The Historic Preservation Commission (HPC) acts in a quasi-judicial manner for the purpose of preserving the City’s historic character. The duties of the HPC include recommending policies to the City Council regarding historic preservation, developing public education programs, and making decisions on applications for Certificates of Appropriateness (COAs) related to alterations to designated structures.
One of the main duties of the HPC is to continue the process of survey and inventory of cultural resources within the City for the purpose of designation of historic landmarks or historic districts. Even further, their duties extend to reviewing cultural resources nominated for designation as a historic landmark or district and providing a recommendation to the City Council. At the local designation level, the City currently has 13 individually designated resources, as well as one historic district. To be considered eligible for designation as a local historic landmark, the resource must be at least 50 years of age, and must hold significance in either architecture, history, or archaeology.
HISTORIC PRESERVATION CODE AMENDMENTS
Staff evaluated the three guiding documents related to Historic Preservation within the City. This includes the HPC Bylaws, the Brighton Municipal Code (BMC) Article 2-66, and the Land Use & Development Code (LUDC) Section 10.03. Staff wishes to discuss the proposed changes with the City Council.
PROCESSES
The HPC Bylaws outline the adoption of bylaw amendments by the HPC with an affirmative vote of four members of the Commission. Recently, amendments were approved by the HPC on October 19, 2023. The information within the staff report and presentation regarding the Bylaws are for context purposes only.
The BMC shall be amended with review and approval by the City Council via Ordinance.
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. The recommendation and approval of this document shall be through public hearing processes with a recommendation from the Planning Commission prior to the amendments being heard by the City Council.
The City Council shall use the Review Criteria outlined in LUDC Section 2.10 B. for changes to the LUDC. The Code Amendment 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
This agenda item includes a variety of amendments to the Bylaws for context, and to the BMC and LUDC for your consideration. Listed below are some of the larger topics staff would propose to address, but small changes or other items may be included with the modifications when the code amendment comes before each body for a public hearing. We would be happy to include modifications to any document suggested by members of the City Council as well.
HISTORIC PRESERVATION COMMISSION BYLAWS:
Changes to the HPC Bylaws (reviewed and approved by the HPC on October 19, 2023) include the following:
• Removing duties of the HPC that are already laid out in the BMC;
• Adding organizational items that were previously laid out in the other two documents;
• Streamlining various names, acronyms and terms; and
• Correcting various typos and grammatical errors.
BRIGHTON MUNICIPAL CODE ARTICLE 2-66:
Changes to the BMC include the following:
• Removing duplicative information that is better suited within the Bylaws;
• Adding information from the other two documents that is better suited in the BMC;
• Removing the need for an annual report and future action plan to the City Clerk;
• Streamlining various names, acronyms and terms; and
• Correcting various typos and grammatical errors
LAND USE & DEVELOPMENT CODE SECTION 10.03:
Changes to the LUDC include the following:
• Simplifying processes that are convoluted and hard to follow;
• Reevaluating the definitions section and creating consistency within the document by using defined terms;
• Creating consistency in review criteria for reviews of Certificates of Appropriateness, designation, demolition, and other reviews;
• Streamlining various names, acronyms and terms; and
• Correcting various typos and grammatical errors.
CRITERIA BY WHICH THE CITY COUNCIL MUST CONSIDER THE ITEM
LAND USE & DEVELOPMENT CODE:
Modifications to the LUDC must meet the following criteria when considered for adoption:
1. The amendment furthers the purposes of these regulations in Section 1.01.C.
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.
3. The amendment promotes the public safety, health, and general welfare of the community in the City of Brighton.
4. The amendment improves the effectiveness and efficiency of administering the Land Development Code.
STAFF RECOMMENDATION
Staff recommends taking the proposed code amendments to public hearings with the City Council in the near future.
PLANNING COMMISSION RECOMMENDATION (LUDC ONLY)
The Planning Commission heard this item as a study session topic at their December 14, 2023 meeting. The Planning Commission directed staff to proceed with the proposed code amendments as presented. At the January 11, 2024 Planning Commission meeting, the Planning Commission is scheduled to hear this item as a public hearing.
OPTIONS FOR CITY COUNCIL 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
● Adopted HPC Bylaws
● BMC Article 2-66 Draft Changes
● LUDC Section 10.03 Draft Changes
● Draft PowerPoint Presentation