Castle Rock Town Council Meeting: June 6, 2023 - Pride Event Debate, Annexation, and Parking Ordinances

The Castle Rock Town Council met on June 6, 2023, at 6:00 PM at Town Hall. The meeting featured heated public comment and council debate over a proposed age restriction for a Douglas County Pride event featuring drag performances, as well as consideration of a 5-acre annexation and rezoning for the Memmen Young (Founders Vista) development, along with several parking and public safety ordinances. Multiple votes were taken, and the meeting was extended three times to accommodate public testimony.

Consent Calendar

• Approved unanimously (7-0): Proclamation for Smart Irrigation Month (July 2023), resolution for Ice Slicer purchase agreement with Environtech Services, Inc., resolution approving first amendment to intergovernmental agreement for the WISE Pump Station design, and minutes from May 16, 2023.

Public Comments & Testimony

• Unscheduled Public Appearances (First Session, 30 minutes): Over a dozen residents spoke on the Pride event and a proposed code amendment to define adult performances and set age limits. Speakers expressed support for protecting children from sexual content and urged amending the municipal code (Della Ingranado, Ray Devon, Charles Evans, Rachel Graham, Tona Gonzales, Jim Johnson, Rory Hotsen, David Love, Clint Gould, James Polmeroy, Mike Dixon, Sean Huduck, Chad Mathis, Dan O'Brien, Chris Pruit). Several speakers denied seeking to cancel the Pride event and emphasized protection of children, not hate.
• Quasi-Judicial Hearings (Memmen Parcel Annexation): Four residents spoke in opposition or raised concerns about the proposed development: Doug Reagan (Gordon Drive) requested a site visit and geological risk assessment before approval; Sherry Lindeman (25-year resident) requested a hard setback from the ridgeline and raised wildfire mitigation concerns; Stan Peterson (Gordon Drive) noted the skyline ridgeline no-build ordinance and requested an emergency vehicle access lot; Caryn Johnson (Castlewood Ranch) questioned compliance with the comprehensive plan and compatibility with surrounding neighborhoods.
• Advertised Public Hearings: No public comment was offered on the Crowfoot Valley Road widening, Downtown Pedestrian Lighting, Neighborhood Parking Permit Program, or Multi-family Parking Requirements items.
• Additional Unscheduled Public Appearances (After Adjournment, ~30 minutes): Numerous additional speakers addressed the Pride event and code amendment, including Alex Dark (drag queen nun) opposing any age restrictions as unconstitutional and discriminatory; Michael Clarkson supporting LGBTQ+ representation; Jimmy Graham (U.S. Navy SEAL veteran) urging action to protect children; Chris Brissard describing an unintended exposure to the Pride event; Brad Begford (attorney) arguing that existing sexually oriented business regulations should apply townwide; Melissa Cooney (Castle Rock Pride board member) defending drag as art; Aaron Wood calling for protection of children above water resources.

Discussion Items

• Council Comments / Pride Event Debate: Councilmember Dietz moved to send a letter to Douglas County Commissioners requesting an age restriction (18 or 21+) for the Pride event at the fairgrounds. The motion failed 2-5 (Cavey, Dietz yes; Hollingshead, Bracken, Gray, LaFleur, Brooks no). A second motion to continue the discussion on June 20 also failed 3-4 (Cavey, Brooks, Dietz yes; Hollingshead, LaFleur, Bracken, Gray no). Multiple council members stated they lacked prior information and that the town lacks jurisdiction over county property; Town Attorney Hyman noted the county's contract prohibits nudity and cabaret shows. Mayor Gray and Councilmember LaFleur stressed the event is on county property and that a lawsuit would be expensive and likely unsuccessful.
• Quasi-Judicial Hearings (Memmen Parcel Annexation and PD Amendment): Staff presented a 5-acre annexation and rezoning of 175.5 acres (Founders Vista), reducing density from 904 units to 562 (a 38% reduction) and increasing open space from 59 to 86.9 acres. Councilmember Cavey raised concerns about traffic level of service (LOS) at intersections, blasting, and rockfall; she questioned the lack of exceptional benefit for annexation. The applicant and traffic engineer defended the traffic study, noting that LOS F at Ridge & Plum Creek in 2040 exists without development and that mitigation may include a roundabout widening. Councilmember Brooks asked about exceptional benefits; staff noted the density reduction and open space increase. Councilmember Dietz supported the project with conditions. Council voted 5-2 to approve the annexation (Cavey, Dietz no) and 5-2 to approve the PD amendment with conditions addressing traffic, blasting, access, and no homes within the skyline ridgeline variance area (Cavey, Dietz no).
• Crowfoot Valley Road Widening (RES 2023-078 and 079): Staff presented an IGA with Douglas County ($1.7 million contribution) and a design contract with Alfred Benesch & Company. Project cost estimated at $7.5 million; design and potential construction timing dependent on revenue. Council approved both resolutions unanimously.
• Downtown Pedestrian Lighting (RES 2023-080): Council approved a $600,000 design and construction project (80% CDOT grant) with Olsson, Inc., for pedestrian-scale lighting in downtown. Unanimous approval.
• Neighborhood Parking Permit Program (DIR 2023-020): Staff presented a neighborhood-driven program requiring 75% resident approval and less than 25% available parking. Council debated the scope and enforcement. Motion to direct staff to prepare an ordinance passed 4-3 (Gray, Bracken, Hollingshead, Brooks yes; LaFleur, Cavey, Dietz no).
• Multi-family Parking Requirements (DIR 2023-021): Staff recommended increasing parking ratios to 2.0 (regular), 1.25 (downtown), and 1.1 (senior) spaces per unit. Councilmember Cavey suggested 2.15 for regular to add 30 spaces. Motion to direct staff to prepare ordinance with staff’s recommended ratios passed unanimously.
• Large Vehicle Parking and Abandoned Vehicle Definition (ORD 2023-012): Ordinance updated definitions and restricted large vehicle parking in residential areas between 10 p.m. and 7 a.m.; RVs limited to 72 hours. Unanimous first reading approval.
• Camping and Waste in Floodplains (ORD 2023-013): Ordinance prohibiting camping and waste disposal within 100 feet of floodplains and stormwater infrastructure, with 12-hour vacate requirement. Unanimous first reading approval.

Key Outcomes

• Pride Event Letter Motions Failed: Two motions to send a letter to Douglas County Commissioners requesting age restrictions for the Pride event failed (first motion 2-5, second motion 3-4). Council will not further pursue the matter at this time, citing lack of jurisdiction and potential legal costs.
• Memmen Parcel Annexation Approved (5-2): Ordinance 2023-010 passed on first reading, annexing 5 acres west of Ridge Road into the town.
• Memmen Young PD Amendment Approved (5-2): Ordinance 2023-011 passed on first reading, with conditions that the site development plan address traffic, blasting, access, and that no residences be built within the skyline ridgeline variance area (the hatched area).
• Crowfoot Valley Road Agreements Approved (7-0): Intergovernmental Agreement with Douglas County and design contract with Alfred Benesch & Company authorized.
• Downtown Pedestrian Lighting Design Approved (7-0): Contract with Olsson, Inc. approved for design services.
• Neighborhood Parking Permit Program Directed (4-3): Staff to return with a resolution and code changes for a program requiring 75% neighborhood approval and 25% parking availability threshold.
• Multi-family Parking Ratios Directed (7-0): Staff to prepare ordinance to increase parking ratios to 2.0/1.25/1.1 per unit for regular, downtown, and senior multifamily developments.
• Large Vehicle Parking Ordinance Approved (7-0): First reading of ordinance updating large vehicle definitions and parking restrictions.
• Camping in Floodplains Ordinance Approved (7-0): First reading of ordinance prohibiting camping and waste in floodplains and storm drains.
• Meeting Extensions: The meeting was extended to 10:00 p.m., then 10:30 p.m., and finally to 11:00 p.m. to accommodate public testimony.