Mayor Mills, Mayor Pro Tem Padilla, and Members of Brighton City Council,

I am writing regarding the 90-day data-center moratorium Mayor Pro Tem Peter Padilla has said he intends to propose at the October 6 City Council meeting.

I appreciate that Brighton is now considering a pause while the City develops data-center-specific standards. However, there is one issue that needs to be answered clearly before the moratorium is considered:

**Will Project Silo be subject to the proposed moratorium, or will it be exempted, vested, grandfathered, or otherwise permitted to continue because an application has already been submitted?**

Denver7 reports that Brighton has already received a rezoning application related to Project Silo and that the project has not yet been presented to City Council for a public hearing. [Denver 7 Colorado News (KMGH)](https://www.denver7.com/news/local-news/in-your-community/north-metro/brighton-residents-uncover-proposal-for-massive-data-center-campus-spurring-potential-moratorium)

That makes the wording of the proposed moratorium extremely important.

Please provide written answers to the following questions before the October 6 meeting:

1. Will the proposed moratorium apply to Project Silo?
2. Will it apply to applications that were submitted before the moratorium takes effect but have not received final approval?
3. Will Project Silo be considered “vested,” “grandfathered,” “pending,” or otherwise exempt from new data-center regulations adopted during the moratorium?
4. If the City believes Project Silo has obtained any vested development right, please identify the specific approval, ordinance, statute, agreement, or other legal basis creating that right and the date that right was established.
5. Has Project Silo received any approval that legally prevents Brighton from applying future data-center regulations to the project?
6. Will processing of the Project Silo Planned Development, subdivision, rezoning, site plan, final plat, development agreement, utility review, or other discretionary approvals continue during the 90-day moratorium?
7. If some Project Silo applications will be paused and others will continue, please identify each one individually.
8. Will regulations developed during the 90-day period apply to Project Silo if the project has not received final approval when those regulations become effective?
9. Will the moratorium language contain any exemption, savings clause, grandfathering clause, vested-rights provision, or exception for pending applications?
10. If so, please provide that language to the public before Council votes on the moratorium.
11. Has the Project Silo applicant, property owner, developer, consultant, attorney, prospective operator, utility, or any other representative requested that Project Silo be exempt from a moratorium or future data-center regulations?
12. Has anyone representing Project Silo discussed vested rights, grandfathering, pending-application status, or exemptions with City staff, Council members, Brighton Economic Development, or the City Attorney?

If those discussions or communications exist, please preserve them as part of the public record.

My concern is straightforward: a moratorium intended to give Brighton time to establish appropriate data-center standards will have a very different practical effect if the largest known pending data-center proposal is excluded from those standards.

For that reason, I am requesting that the proposed ordinance make the treatment of pending applications explicit rather than leaving the question open to interpretation after adoption.

If Colorado law or existing development rights require different treatment for Project Silo, please identify that legal basis publicly and in writing.

I am also requesting that the draft moratorium ordinance, including all exemptions, definitions, grandfathering provisions, and applicability language, be made available to the public with sufficient time for review before the October 6 Council meeting.

Please respond in writing.

Thank you,

**Brighton Data Center Transparency Project**
Community-led research • public records • accountability
Brighton • Lochbuie • Weld County, Colorado

Independent community project. Not affiliated with any city, county, or government agency.

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