Department of Community Development
Reference: Bromley Park Planned Unit Development (PUD) 38th Amendment
To: Mayor Gregory Mills and Members of City Council
Through: Michael P. Martinez, City Manager
Prepared By: Colton Guarini, Planner I
Date Prepared: August 20, 2026
PURPOSE
The Major Planned Unit Development (“PUD”) Amendment application (the "Application” or the “Amendment”) before the City Council is for an approximately 13.401-acre property (the “Property”), generally located to the northeast of the intersection of west bound Interstate 76 Frontage Road and North 60th Avenue. Sue Sibel is the project contact working on behalf of the Property owner, Brighton Crossing LLC (the “Applicant”). The Application before the City Council proposes a zoning change from the current split zoning of the Property, which is Single Family Attached and Office Research and Development, to solely being zoned Office Research and Development. Additionally, the Application further defines the permitted uses in the Office Research and Development zone district, as the Bromley Park Land Use Regulations scope of permitted uses for the Office Research and Development zone district is very vague. This request requires approval of a Major PUD Amendment, which is a form of a 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 of Brighton (the “City”) (Annexation > Zoning Map Amendment > Platting > Site Plan Review > Permits). The Property is already platted as Brighton Crossing Filing No. 10; however, a subdivision plan will be required due to the need for additional right of way dedication. All applications will be reviewed using the Land Use & Development Code (the “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 PUD.
The Bromley Park Land Use Regulations are the standards set for all of the Bromley Park PUD, unless amended by subsequent amendments. Further, these regulations also outline the amendment process for the PUD. Per these regulations, the Application exceeds the thresholds established for a Minor PUD Amendment and as such, does not meet the criteria for a Minor PUD Amendment as the Application’s further definition of allowed uses has a substantial impact on the development standards and requirements of Office Research and Development. As such, the Application 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 given the land use designations of Office Research and Development and Single Family Attached in 1994 under the Bromley Park PUD 2nd Amendment. The Property is platted under the Brighton Crossing Filing No. 10 Administrative Plat.
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:
The Amendment seeks to rezone the portion of the property that is approximately 3.1 acres of Single Family Attached and convert it into Office Research and Development. The Bromley Park Land Use Regulations require a Single Family Attached property to be at least 5 acres in area. The existing Single Family Attached area does not meet this requirement and if left untouched it cannot be developed. The Amendment will incorporate the undevelopable Single Family Attached area and develop it under the Office Research and Development standards.
Land Use & Development Code:
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.
Per the Bromley Park PUD, the Office Research and Development zone district is described as, “a campus-type technological park to serve as an easily accessible employment center for the region. Office use shall include general, medical, dental, and professional and governmental activities.” This closely resembles the BP zone district description in the LUDC, which reads, “the BP district provides planned business, employment and light manufacturing uses, and supporting services arranged in a campus development pattern around common amenities, well-designed open space systems, and internal circulation systems.” Both descriptions describe industrial, business, and employment centers designed in a campus style development. The BP zone district’s permitted uses include all of the general uses described in the Office Research and Development zone district.
Under the Bromley Park PUD, the allowed uses in Office Research and Development are generally described to include office, medical, dental, professional and governmental activities, light manufacturing, fabrication, and processing. This description is very vague and can cause uncertainty around proposed land uses that do not fit perfectly into this ambiguous description. As such, the Amendment seeks to further define the allowed uses for the Property. In comparing the descriptions of various zone districts from the Bromley Park Land Use Regulations and the LUDC, it was determined that the Business Park (BP) zone district from the LUDC bares the closest resemblance to the Office Research and Development zone district. Therefore, the Amendment includes a handful of those permitted and conditional land uses, from the BP zone district, as the only prevailing and allowed land uses for the Property. Any other uses not detailed in the Amendment would not be allowed, either by right or by condition. The list of uses includes a variety of residential, public/civic, commercial, industrial, agricultural, and wireless communication facility uses that are all permitted or require a conditional use permit in the BP zone district. Those that require a conditional use permit would undergo additional reviews by staff and additional public hearings as described in Section 2.07 of the LUDC.
To see the definitions of the permitted and conditional uses included in the Amendment, please reference the attachment titled “Allowed Land Uses Definitions from the LUDC”.
In addition, the Amendment introduces regulations for primary and secondary land uses. Examples of permitted primary uses would be, senior living, a library, office space, and indoor storage. While secondary uses may include a bus station, restaurant, and farmer’s market. Primary land uses shall occupy more than 50% of the land area within a property and are meant to establish the primary character and function of an area. Secondary land uses must occupy less than 50% of the land area within a property and are intended to support or complement the primary uses. Secondary land uses shall not be permitted until a primary land use has been established.
The Amendment does not propose modifications to existing development standards, such as building design standards, parking standards, and buffer design standards. Development standards would revert back to the original Bromley Park Land Use Regulations, and anything not specified in those standards would go to the LUDC.
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.
The Application expands the existing zoning designation of Office Research and Development to encompass the entire Property. The different amendments to the Bromley Park PUD have removed all other instances of Office Research and Development from Bromley Park; to be consistent with the intent of the original PUD this is the last opportunity to develop Office Research and Development. The Amendment expands the Office Research and Development zoning area as the Single Family Attached area cannot meet the minimum lot standards of the Bromley Park Land Use Regulations and, rather than leave that area unable to be developed, the Application incorporates the remainder of the Property into the Office Research and Development designation. The Application ensures that future development of the Property will develop in a manner consistent with the intent of the Bromley Park PUD.
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.
As the Bromley Park Land Use Regulations are vague, the Application seeks to further define the allowed uses in the Office Research and Development zone district. The Office Research and Development zone district closely mirrors the BP zone district in the LUDC and will use the development standards from the Bromley Park Land Use Regulations in conjunction with the LUDC to fulfill the intent of the Bromley Park PUD.
d. The plan meets all of the review criteria for a Zoning Map Amendment.
The criteria for a Zoning Map Amendment are 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 Map of the Be Brighton Comprehensive Plan has designated the Property as Medium Density Residential which aligns with a portion of the current zoning and permitted uses, but the proposal for solely Office Research and Development contradicts this designation. While the Application does not conform to the Future Land Use Map designation, it does comply with other parts of the Comprehensive Plan. Specifically, it complies with certain Opportunity Areas, which describes areas in Brighton that should focus on specific development in pursuit of the goals and visions of the City. This section specifically calls out “I-76 Opportunities” as an entrance into the community and that the development should be attracting businesses and residential investors. The surrounding area has residential investment already but is currently missing businesses. The Amendment seeks to fulfill the intent of the I-76 Opportunity area by introducing new business opportunities while also furthering 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.
Policy 2.1: Brighton Will Continue to Develop in a Self-Sufficient and Sustainable Manner (Live, Learn, Work, Shop and Play) with an Appropriate Balance between Residential and Non-Residential Uses
• The Application will seek to bring in diverse industries as expressed in the Comprehensive Plan. The Amendment will provide the only Office Research and Development in the Bromley Park PUD, and this will be the last opportunity to introduce this unique business park design that the original PUD intended.
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 Office Research and Development area. The addition of a business park introduces a neighborhood service that complements the surrounding commercial and residential development and focuses growth within an existing investment area.
Policy 5.3 - Retain Sufficient and Suitable Land for Anticipated Employment and Industrial Development as Part of an Overall Economic Development Program
• This policy says to “[r]eserve employment and industrial lands for future primary jobs, particularly along US 85, I-76, and E-470 and protect them from encroaching conflicting uses.” The proposed Amendment seeks to create employment opportunities along I-76 that will help create a diverse balance between the residential uses and commercial opportunities.
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 Amendment does not modify any existing development standards that would affect the Property’s compatibility with adjacent land uses. Development of the Property must comply to the development standards of the original Bromley Park Land Use Regulations, including setbacks, buffering, and screening, which are consistent with the existing development framework and are intended to mitigate potential impacts on adjacent uses. Building design is not specified in the regulations, so future buildings will be designed in accordance with current LUDC 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 area around the Property has been built out with roads and utility lines to serve existing adjacent developments. The Property is adequately served by the existing road infrastructure 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 Office Research and Development areas was approved in 1994. Since that time, there has been significant residential growth in the surrounding area. Allowing the expanded uses on the Property would introduce new uses and services that support nearby residential neighborhoods. The proposed Amendment enables this use while maintaining compatibility with surrounding development through tailored development standards set in the Bromley Park Land Use Regulations and the LUDC.
d5. The recommendations of any professional staff or advisory review bodies.
City staff finds the Application appropriate given its specific location. 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 1,000 feet of the Property, as required by the LUDC. These mailings were sent on July 22, 2026, and included a letter describing the proposed Application, the time and place for the public hearing, and a map of the subject Property. 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 July 29, 2026, two signs were posted on the Property. As of the posting of this report, Planning staff has not received any formal comments from the public regarding the Application.
On June 3, 2025, as required by the LUDC and 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 38th 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 August 13, 2026, and unanimously recommended denial.
OPTIONS FOR CITY COUNCIL CONSIDERATION
The City Council has the following options when reviewing this Application. The City Council may:
1. Approve the Application;
2. Deny the Application and provide justification for the denial; or
3. Continue the item to be heard at a later, specified date for modifications to be made to the PUD or to obtain additional information to ensure compliance with the approval criteria as set forth in the LUDC.
Note: A second reading of the ordinance, if approved at first reading, will be required at a future meeting.
ATTACHMENTS
● Draft City Council Ordinance
● Proposed Planned Unit Development Amendment (Exhibit B to draft resolution)
● Aerial Map by City Staff
● Neighboring Area Property Owner Notification
● Buffer Map
● Neighborhood Meeting Minutes
● Affidavit of Sign Posting
● Website Posting Proof
● Allowed Land Uses Definitions from the LUDC
● Draft Staff Presentation