Castle Rock Town Council Meeting Summary - February 21, 2023

On Tuesday, February 21, 2023, the Castle Rock Town Council met in hybrid/virtual format at Town Hall, 100 North Wilcox Street. All seven members were present: Mayor Jason Gray, Mayor Pro Tem Kevin Bracken, and Councilmembers Ryan Hollingshead, Laura Cavey, Desiree LaFleur, Max Brooks, and Tim Dietz. The Council received a state legislative update, issued two staff directives, approved consent items, and acted on housing, annexation, electric vehicle, liquor licensing, and transportation items. All votes were 7-0.

Council Comments and Direction

• Mayor Gray shared a personal note about losing a college soccer teammate to suicide and encouraged residents to reach out to friends and family.
• Councilmember Cavey voiced concern about a proposed state bill that could override home rule and said municipalities should fight it.
• Councilmember Brooks moved to direct staff to bring the Town's sign code forward for review; seconded by Councilmember Dietz. Passed 7-0.
• Councilmember Dietz raised railroad safety, citing the East Palestine, Ohio derailment, and moved to direct staff to provide a comprehensive look at Town procedures and railroad engagement; seconded by Councilmember Cavey. Town Manager David Corliss said staff would prepare background on emergency response plans for the rail lines. Passed 7-0.

State Senator Jim Smallwood Presentation

• Senator Smallwood (District 2 after redistricting, representing Parker and Castle Rock) provided a legislative update. He noted the 120-day session, a Senate minority of 12 Republicans out of 35, and a House minority of 19 Republicans out of 65. He identified affordability, crime, and educational choice as Republican priorities and described bills on green energy, gun control, and workers' rights, including the 'Fair Work Week' restaurant scheduling bill.
• In response to Council questions, Senator Smallwood called the state zoning-preemption proposal 'an attack on local control,' said he was nervous about legal preemption of home rule, and voiced support for non-rent-control affordability measures while opposing mandated affordable-unit percentages in condos.
• Mayor Gray said the Colorado Municipal League and front-range municipalities opposed the zoning preemption idea and he did not expect it to be introduced.

Public Comments & Testimony

• No members of the public spoke during unscheduled public appearances or during any of the advertised/quasi-judicial public hearings.

Town Manager's Report and Updates

• Town Manager David Corliss summarized calendar reminders, monthly department reports, 2022 service contract year-end reports, quasi-judicial project updates, and development services project updates. There were no questions.

Procedural and Consent Calendar

• The agenda was accepted as presented by a 7-0 vote.
• The consent calendar was approved 7-0, including:
  • RES 2023-014: purchase of two 2023 938 wheeled loaders from Wagner Equipment Company.
  • RES 2023-015: waiver of formal written bidding on a sole-source basis and service agreement with Core Electric Cooperative for the Crystal Valley Parkway and Plum Creek Boulevard Roundabout Project.
  • RES 2023-016: First Amendment to the 2022 Town of Castle Rock/Central Colorado Water Conservancy District Spot Water Lease Agreement [Chatfield Reservoir, Douglas County].
  • MIN 2023-005: minutes of the February 7, 2023 Town Council meeting.

Quasi-Judicial Hearings

RES 2023-017 – Meadowmark Senior Multifamily Site Development Plan

• Development Services Director Tara Vargish presented the site development plan for a senior multifamily residential development in the Meadows COI Use Area, north of Castle View High School. The property was annexed and zoned in 1984; current zoning was amended in 2003. The four-story building would have 200 age- and income-restricted units, with 255 parking spaces versus 206 required. Planning Commission recommended approval 7-0.
• Applicant Rebecca Greek of ShopWorks Architecture, on behalf of the developer, said the project received low-income housing tax credits, would serve residents 55 and older earning roughly $65,000-$70,000 per year, and is located 550 feet from the nearest single-family home. One-bedroom rent was cited as $1,320; the transcript records two-bedroom rent as $1,590, while the minutes state $1,500.
• No public comment was offered. Councilmembers Bracken and Hollingshead expressed support. Motion by Councilmember LaFleur, seconded by Councilmember Hollingshead, passed 7-0.

DIR 2023-009 – Meadowmark Partial Fee Waiver Request

• Staff described the owner's request for a $500,000 partial fee waiver for the 200-unit rent-restricted senior project. Rents would range from $610 to $1,780. The project is estimated to cost $58 million, with about $4.2 million in Town fees; the developer is partnering with Douglas County Housing Partnership, using low-income housing tax credits, and receiving a $5 million Colorado Division of Housing grant.
• Council is authorized to waive up to 100% of development impact and system development fees for qualifying attainable housing. Past waivers included $200,000 for Auburn Ridge (90 units) and $200,000 for Oakwood Senior II (45 units). If approved, staff would prepare a resolution and agreement with the condition that permits be pulled by December 31, 2023.
• Councilmember Cavey asked whether the waiver was worthwhile given budget constraints. Town Manager Corliss said it was appropriate, modest, and one of the largest projects this year. No public comment was offered. Motion by Councilmember LaFleur, seconded by Councilmember Dietz, passed 7-0.

ORD 2023-001, 2023-002, 2023-003 – Canyons Far South Annexation, Initial Zoning, and Development Agreement

• The three related ordinances were presented together and voted separately. The proposal covers 409.008 acres east of Founders Parkway, north of Crowfoot Valley Road, and west of Castle Oaks Drive. It would annex land owned by Canyons South, LLC, establish planned development zoning, and approve a development agreement vesting the site-specific development plan through December 31, 2037.
• Staff noted the annexation petition was accepted in May 2021, a substantial compliance hearing was held in July 2021, an eligibility hearing in August 2021, and Planning Commission recommended approval 7-0 on December 8, 2022.
• The project would include 474 single-family homes at 1.16 dwelling units per acre, 217 acres dedicated to the Town for open space, a public park, roughly seven miles of trails, a paved trail connection to the Front Range Trail, and a 300-foot southern buffer with mounding. Neighborhood commercial uses would be limited to 60,000 square feet, with no gas stations or car washes; drive-thru restaurants would require special review.
• The development agreement includes 465 acre-feet of groundwater, 153 acre-feet of renewable water, ColoradoScape front yards, a 500-square-foot turf limit in backyards, transportation improvements, a new signal at Founders Parkway, a spine road connection to Castle Oaks Drive, a 5-mill regional mill levy collected for the Town, and a wildland-urban interface vegetation management plan.
• Councilmember Dietz asked about the mill levy and build-out; the applicant estimated 4-5 years with about 110 units per year. Councilmember Cavey asked about wildlife management, growth impacts, and Castle Oaks Drive traffic. Town Manager Corliss said annexation is not required by law but the benefits, including Town standards, open space, connectivity, sales tax, and an extraordinary standard, outweigh costs. Mark Marlowe, Director of Castle Rock Water, said the water package is more than adequate, supports renewable water projects, and features extraordinary water conservation.
• Applicant representatives Eric Clore (Low Enterprises) and Bill Vitech (Dig Studio) presented the plan, including total water demand estimated at 150 acre-feet versus a typical 250 acre-feet for a development of this size, Big Rock Park, and trail connections.
• No public comment was offered. Councilmembers Gray, Bracken, Hollingshead, and Cavey spoke in favor, with Cavey noting constituent appreciation for the buffer. All three ordinances passed 7-0.

RES 2023-018 – Accessory Dwelling Unit at 544 Senter Drive

• Staff presented a use by special review application for a detached accessory dwelling unit at 544 Senter Drive. The owner plans to occupy the primary home, record a deed restriction, use existing water/sewer service, and keep the ground-level footprint under 800 square feet (proposed lower level about 500 square feet, upper level about 600 square feet). The proposed height is 20 feet. Planning Commission recommended approval 7-0.
• Councilmember Brooks asked about height; Vargish confirmed the proposed height. No public comment was offered. Motion by Councilmember LaFleur, seconded by Councilmember Dietz, passed 7-0.

Advertised Public Hearings and Discussion Action Items

ORD 2023-004 – Core Electric Cooperative EV Charger Ground Lease at Philip S. Miller Park

• Special Projects Manager Matt Gohl presented a ground lease for a dual-port Level 2 electric vehicle charger. Core Electric Cooperative received a Colorado Charge Ahead grant covering 80% of project costs, with Core paying 20%. The initial lease is five years with two five-year renewal options requiring mutual approval; Core is responsible for installation, maintenance, and operating costs. The Town would waive permit fees and charge no rent. Charging would be free to the public for the first 180 days, with the Town receiving utilization reports and taking ownership of the charger upon lease termination.
• Councilmember Cavey asked why the Town would waive fees and rent. Corliss said the Town is receiving an amenity at no cost and learning about EV demand. Core's Rob Osborne said infrastructure costs average about $240,000 per site and the program supports rural connectivity and EV education.
• No public comment was offered. Motion by Mayor Pro Tem Bracken, seconded by Councilmember Hollingshead, passed 7-0.

ORD 2023-005 – Tasting License Code Amendment

• Town Clerk Lisa Anderson explained that state beer licenses in grocery and convenience stores will convert automatically on March 1 to allow wine sales, with tastings allowed if Town code permits. Council previously directed staff to retain 104 tastings per year, four days per week Monday through Saturday, a five-hour window between 11 a.m. and 7 p.m., and to allow saving opened bottles for future tastings. The ordinance makes those changes.
• No public comment was offered. Motion by Councilmember LaFleur, seconded by Councilmember Cavey, passed 7-0.

RES 2023-019 – Alfred Benesch & Company Service Agreement for Crystal Valley Interchange

• Public Works Director Dan Sailer requested approval of a service agreement with Alfred Benesch & Company for construction administration and inspection on the Crystal Valley Interchange, the Town's top transportation priority. The contract amount is $5.262 million with contingency, within the $7.1 million budgeted. The project will proceed in packages, with phase one beginning around June 2023, phase two in fall 2023, and completion anticipated fall 2025. Public Works Commission unanimously recommended approval.
• No public comment was offered. Motion by Councilmember Dietz, seconded by Councilmember LaFleur, passed 7-0.

Key Outcomes

• Staff directed to review the sign code (7-0).
• Staff directed to prepare a comprehensive railroad safety/emergency response report (7-0).
• Agenda accepted and consent calendar approved (7-0).
• RES 2023-017 approved (7-0).
• Meadowmark partial fee waiver approved; staff directed to prepare resolution and agreement (7-0).
• ORD 2023-001, ORD 2023-002, and ORD 2023-003 approved (7-0 each).
• RES 2023-018 approved (7-0).
• ORD 2023-004, ORD 2023-005, and RES 2023-019 approved (7-0 each).
• Meeting adjourned at 9:00 p.m.

Record Discrepancy Note

• The agenda lists the Canyons Far South ordinances and the EV charger/tasting license ordinances as first readings; the minutes' item headings contain a 'Second Reading - Approved on First Reading on February 21, 2023' label. This summary reports them as approved on first reading, consistent with the transcribed motions.
• The transcript quotes the Meadowmark two-bedroom rent as $1,590; the minutes state $1,500.