Department of Community Development
Reference: Bromley Park Planned Unit Development (PUD) 36th Amendment
To: Mayor Gregory Mills and Members of City Council
Through: Michael P. Martinez, City Manager
Prepared By: Summer McCann, Senior Planner
Date Prepared: February 27, 2026
PURPOSE
The Major Planned Unit Development (PUD) Amendment application (the "Application” or the “Amendment”) before the City Council is for an approximately 1.650-acre property (the “Property”), generally located to the northeast of the intersection of Bowie Drive and North 50th Avenue, south of Chicory Circle, and west of Purple Mustard Court. Lucy Dineen is the project contact working on behalf of the Property owner and applicant, BLAIN LLC (the “Applicant”). The Applicant is requesting the addition of a daycare as a permitted use, along with associated development standards that would apply solely to the development of a daycare facility. This request requires approval of a Major Planned Unit Development (PUD) Amendment, which is a form of zoning map amendment, commonly referred to as a rezoning.
PROCESS
A Zoning Map Amendment is the second step in the land development process with the City (Annexation > Zoning Map Amendment > Platting > Site Plan Review > Permits). As the Property is already platted, only a site plan will need to be administratively approved before permits are issued. All applications will be reviewed using the City’s LUDC to ensure compliance with City codes and policies.
Zoning dictates whether uses at a property are allowed by right or conditionally, and this, in turn, allows owners, neighbors, and the community at large to have a reasonable expectation of what can occur on a property. It establishes standards for construction including building height, lot coverage, and building setbacks. There are a variety of zone districts within the City, including residential, commercial, industrial, mixed-use, and planned unit development (PUD).
The Bromley Park Annexation Agreement, approved in 1985, outlined that the accompanying PUD is vested for a period of forty (40) years. The Bromley Park Land Use Regulations were adopted in 1986 and outlined the amendment process for the PUD. Per these regulations, the proposal does not meet the criteria for a Minor PUD Amendment, and as such, must be processed as a Major PUD Amendment and “subject to the review of the Planning Commission and approval by the City Council after public hearings.” The Bromley Park Land Use Regulations do not include specific review criteria for a Major PUD Amendment. The Planned Development process outlined in the LUDC is most closely aligned with the PUD Amendment process. As such, Staff, the Planning Commission, and the City Council should use the review criteria outlined in Section 2.04(C)(2) of the LUDC.
BACKGROUND
In 1985, the Property was annexed as part of the Bromley Park Annexation and was most recently zoned in 2023 under Bromley Park PUD 30th Amendment. Previously, the Property was zoned under the Bromley Park PUD 23rd Amendment, which retains most of the development standards for site development, including permitted uses. The Property is platted under the Brighton Crossing Filing No. 2, 11th Amendment Administrative Plat.
Surrounding Land Use(s):
CRITERIA BY WHICH CITY COUNCIL MUST CONSIDER THE ITEM
Section 2.04(C)(2) of the LUDC outlines the review criteria upon which the City Council must consider the Application. Specifically, the City Council must consider the following:
a. The plan proposes the most closely applicable base zoning district(s) for specific portions of the property in terms of land use, development intensity, and building form and scale.
b. The proposed change is consistent with concepts or plans in the previously approved Planned Unit Development and does not increase development beyond the capacity or impacts proposed in that plan.
c. The proposed plan either meets the standards provided in this code, or where deviations from the base zoning districts or other standards of this code are requested, they bring the project closer to the intent or design objectives of this code than was otherwise anticipated under the approved Planned Unit Development.
d. The plan meets all of the review criteria for a Zoning Map Amendment.
STAFF ANALYSIS OF THE APPLICATION
Proposed Uses:
Under the Bromley Park PUD 23rd Amendment, a specific list of commercial uses is permitted within the development. At the time of adoption, a daycare use was not included as a permitted use. The primary purpose of the current Amendment is to add a daycare as a permitted use and to establish development standards that apply exclusively to that use.
The Amendment proposes several modifications to existing development standards. First, it includes building design standards that allow for reduced window transparency. This adjustment is intended to address privacy and security needs commonly associated with daycare facilities. The Amendment also proposes modified parking standards for a daycare use. Under the LUDC, daycares are required to provide one parking space per 200 square feet of building area. The Amendment proposes a parking ratio of one space per 300 square feet. The applicant has provided staff with justification for the reduced parking ratio based on comparable daycare facilities at other locations.
In addition, the Amendment introduces revised setback standards tailored to the proposed site layout. The most notable change is a reduction in the parking lot setback from 40 feet to 18 feet. While this represents a decrease in distance, the setback area will be heavily landscaped and will include an 8-foot masonry wall to mitigate any visual or noise impacts. All other permitted uses would be required to meet the 40-foot setback and comply with all other development standards outlined in the previous amendments.
Lastly, the Amendment includes a provision that additional site plan review may be required if a change in use occurs after building construction to address buffering and screening.
Land Use & Development Code:
The City Council in making its decision shall use the criteria outlined in Section 2.04(C)(2). Below, Staff analyzes how the Application meets and/or exceeds the criteria.
a. The plan proposes the most closely applicable base zoning district(s) for specific portions of the property in terms of land use, development intensity, and building form and scale.
The Bromley Park PUD 23rd Amendment allows for a range of commercial uses, including restaurant and retail. In terms of traffic generation, operating hours, and overall activity, these uses may be more intensive than a daycare use. A daycare use is permitted in nearly all commercial and mixed-use zone districts under the LUDC and is generally considered more compatible with residential uses than some of the commercial uses currently allowed.
b. The proposed change is consistent with concepts or plans in the previously approved Planned Unit Development and does not increase development beyond the capacity or impacts proposed in that plan.
While the Application proposes new development standards, these standards apply exclusively to a daycare use. All other permitted uses will be subject to the previously approved setbacks, buffers, screening, and development standards. A daycare operates within specified hours, generates predictable traffic patterns, and has limited evening and weekend activity. Although the parking lot setback is proposed to be reduced, the building setback has been increased to 85 feet. The parking setback area will also include an 8-foot masonry wall and landscaping to mitigate any potential visual or noise impacts.
c. The proposed plan either meets the standards provided in this code, or where deviations from the base zoning districts or other standards of this code are requested, they bring the project closer to the intent or design objectives of this code than was otherwise anticipated under the approved Planned Unit Development.
A daycare use is permitted under multiple commercial zoning districts within the Code, some of which require a minimum 15-foot buffer when adjacent to residential zoning. The proposed Amendment provides an 18-foot buffered area, which is generally consistent with what would be required under the current Code. Although the parking area for a daycare would be located closer to residential uses than parking associated with some other permitted PUD uses, a daycare is more compatible with residential areas due to its limited hours and predictable activity patterns. Additionally, the Amendment includes a provision that may require site plan review in the event of a change in use following building construction. This ensures that, if the site is developed as a daycare and later transitions to a different use, staff can evaluate whether additional buffering and screening are necessary. As part of this review process, a neighborhood meeting may be required to provide an opportunity for community input.
d. The plan meets all of the review criteria for a Zoning Map Amendment.
The criteria for a Zoning Map Amendment is set out in Section 2.03(B) and outlined and analyzed below:
d1. The proposal is in accordance with the goals and objectives of the Comprehensive Plan and any other plan, policy or guidance adopted pursuant to that plan.
The future land use portion of Be Brighton, the Comprehensive Plan, has designated the Property as Commercial which aligns with the current zoning and permitted uses. The Amendment also meets other policies and strategies of the Comprehensive Plan. Within Chapter Four on ‘Citywide Principles, Policies & Strategies’, the proposed Amendment advances a number of these goals:
Policy 1.1 - New Growth Should Favor Existing Areas of Infrastructure Investment and Planning
• The Property is located within an area that is primarily built out and has benefited from previous planning and infrastructure investment. The site functions as infill development and is the last vacant parcel within the original planned commercial center that includes the adjacent King Soopers.
Policy 5.2 - Support Brighton’s Non-Downtown Commercial Centers, Focusing Growth within Existing Investment Areas Where Possible
• The proposed Amendment supports Brighton’s non-downtown commercial centers by facilitating a compatible commercial use within an established mixed-use area. The addition of a daycare introduces a neighborhood service that complements the surrounding commercial and residential development and focuses growth within an existing investment area.
d2. The proposal will support development in character with existing or anticipated development in the area, including the design of street, civic spaces and other open space; the pattern, scale and format of buildings and sites; and the integration, transitions and compatibility of other uses.
The proposed Amendment establishes development standards, including setbacks, buffering, and screening, that are consistent with the existing development framework and are intended to mitigate potential impacts on adjacent uses. With the exception of reduced window transparency to address privacy considerations, the proposed building will be designed in accordance with current Land Use and Development Code standards.
d3. The City or other agencies have the ability to provide services or facilities that may be necessary for anticipated uses in the proposed district.
The Property can be adequately served, and any future site developer will pay applicable costs to connect to City infrastructure.
d4. The change will serve a community need, amenity or development that is not possible under the current zoning or that was not anticipated at the time of the initial zoning of the property.
The zoning designation that established the permitted uses was approved in 2019. Since that time, there has been significant residential growth in the surrounding area. Allowing a daycare on the Property would introduce a service that supports nearby neighborhoods and families. The proposed Amendment enables this use while maintaining compatibility with surrounding development through tailored development standards.
d5. The recommendations of any professional staff or advisory review bodies.
City staff finds this site appropriate for commercial uses given its specific location and based on the desires of the community as expressed in the Comprehensive Plan. Site development, including buffering and building design, will occur in accordance with the applicable zone district standards as outlined in the LUDC and the Bromley Park Land Use Regulations. Any development on the Property will only be permitted with a design that ensures it fits in with the context and development patterns of the area.
The Development Review Committee (DRC) reviewed this project and recommends approval.
Note: A complete list of comments and the agencies who made them are available upon request.
PUBLIC NOTICE AND INQUIRY
Mailings were sent to all property owners within 300 feet of the proposed zone change, as required by the LUDC. These mailings were sent on February 9, 2026, and included a letter describing the proposed rezoning as well as the time and place for the public hearing. Also, included with the letter, was a map of the subject area. A notice was published on the City’s website on the same day. City staff also posted public hearing information on Facebook and NextDoor in the days leading up to the meeting. On February 4, 2026, a sign was posted on the Property. As of the posting of this report, Planning staff has not received any formal comments from the public regarding the rezoning.
On August 25, 2025, as required by Code prior to the submission of the Application to the City, the applicant held a virtual neighborhood meeting. The notification mailings, sent by the Applicant to property owners within the applicable mailing radius of the Property, included information on the meeting. The Applicant had multiple members of their team available to present their proposal, field any questions, and take feedback from meeting participants. A copy of the neighborhood meeting minutes is attached to this report.
SUMMARY OF FINDINGS AND STAFF RECOMMENDATION
Staff finds the Application is in general compliance with the requirements as outlined in Section 2.04(C)(2) of the LUDC and therefore recommends approval of the Bromley Park PUD 36th Amendment. Staff has prepared a draft ordinance for approval if the City Council agrees with this recommendation.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission heard the request on February 26, 2026, and unanimously recommended approval. (See the attached Resolution #26-04.)
OPTIONS FOR CITY COUNCIL CONSIDERATION
The City Council has four options when reviewing this Application. City Council may:
1. Approve the Application;
2. Deny the Application and provide justification for the denial;
3. Approve the Application with changes to the drafted ordinance, or
4. Continue the item to be heard at a later, specified date if the Council feels it needs more information to ensure compliance with the approval criteria as set forth in the Land Use & Development Code.
Note: A second reading of the ordinance, if approved at first reading, will be required at a future meeting.
ATTACHMENTS
● Draft City Council Ordinance
● Planning Commission Resolution #26-04
● Aerial Map by City Staff
● PUD Amendment by Applicant
● Combined Public Hearing Notice
● Buffer Map of Mailing Area
● Affidavit of Sign Posting
● Website Posting Proof
● Draft Staff Presentation