Department of Community Development
Reference: Disconnection Land Use & Development Code Amendment
To: Mayor Gregory Mills and Members of the City Council
Through: Michael P. Martinez, City Manager
Prepared By: Shannon McDowell, Senior Long Range Planner
Date Prepared: February 10, 2023
PURPOSE
To establish a procedure for disconnection (de-annexation) of property from the City by ordinance (the "Code Amendment").
PROCESSES
The Land Use & Development Code ("LUDC") outlines the code amendment process, which allows for initiation of amendments by the City Council, Planning Commission, or Staff on behalf of these entities.
The City Council should use the review criteria outlined in LUDC Section 2.10 B in considering the Code Amendment. The following criteria are considered in reviewing an amendment to the LUDC: whether the amendment furthers the purposes of the LUDC; whether the amendment is in accordance with the Comprehensive Plan; whether the amendment promotes the public safety, health, and general welfare of the community; and whether the amendment improves the effectiveness and efficiency of administering the LUDC.
BACKGROUND AND SUMMARY OF AMENDMENTS
In attempting to process a disconnection (de-annexation) application, staff found that the disconnection process is not currently addressed in the Brighton Municipal Code or the LUDC. Without an enacted process for disconnection, applicants and the City are required to participate in a lengthy court process to consider a disconnection from the City. To exercise the City's home rule authority, staff recommends approving the Code Amendment, which enacts a disconnection procedure that is in line with Colorado law and allows the City Council to approve a disconnection by ordinance.
The Code Amendment defines a process for disconnection and is modeled after the disconnection process found in Colo. Rev. Stat. ? 31-12-501, et seq. Under this process, once an application is submitted, the p...
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