Castle Rock Town Council Meeting - July 18, 2023: Fairgrounds Jurisdiction Debate, McDonald's Approval, and Multiple Infrastructure Votes
Castle Rock Town Council Meeting - July 18, 2023
The Castle Rock Town Council met on July 18, 2023, at 6:00 PM in Town Hall Council Chambers. The meeting included a robust debate on jurisdiction over the Douglas County Fairgrounds, approval of a McDonald's restaurant in Founders Marketplace, adoption of a Neighborhood Parking Permit Program, and authorization of the Four Corners Intersection Improvement Project. Council also discussed the history of the Skyline/Ridgeline Ordinance and variance approval authority. All seven council members were present.
Consent Calendar
- Approved unanimously (7-0): Multi-family residential parking space requirements (second reading), appointments to Miller's Landing Business Improvement District, assignment of private activity bond volume cap to Douglas County Housing Partnership, service agreement amendment for Plum Creek Parkway Widening Phase 2 and Ridge Road Widening, sole source approval for pumping equipment for wells, E-85 wastewater intergovernmental agreement, proclamation for Douglas Land Conservancy's 35th anniversary, and minutes from May 16, June 6, and June 20, 2023.
Public Comments & Testimony
- Unscheduled Public Appearances: Multiple residents spoke about the Douglas County Fairgrounds and the Castle Rock Pride event, urging the Town to enact ordinances to protect children from indecent exposure. Speakers included Amy Wingu, Dan Stark, Janet Zodaway, and others. Some expressed support for the LGBTQ community and cautioned against legal liability. One unidentified speaker was asked to leave the dais.
- Quasi-Judicial Hearing - McDonald's: Matt Boatwright, a Founders Village resident, opposed the McDonald's, stating it was unwanted and would increase traffic and change community character. Julia McDonicky (online) echoed concerns about health, local businesses, and traffic. Council noted that only nine people attended neighborhood meetings.
- Advertised Public Hearings - Parking Lease: No public comment.
- Neighborhood Parking Permit Program: No public comment.
- Skyline/Ridgeline Ordinance Discussion: No public comment.
- Four Corners Intersection Contract: No public comment.
- CDBG Annual Action Plan: No public comment.
Discussion Items
- Council Comments & Fairgrounds Jurisdiction: Councilmember Cavey moved to obtain clarity on jurisdiction over the Douglas County Fairgrounds by August 15, 2023. Town Attorney Hyman clarified that Castle Rock has concurrent police power, but the County operates the facility. The motion failed 4-3 (Cavey, Dietz, Brooks in favor; Hollingshead, LaFleur, Bracken, Gray against). A second motion by Councilmember Dietz to discuss Title 9 (public peace, morals, welfare) of the Town Code on August 15 also failed 4-3 (same split). Councilmember Dietz expressed disappointment in the County Commissioners' lack of action, while others noted state laws already apply.
- Town Manager's Report: David Corliss reported that May 2023 sales tax collections were down from May 2022 but still 3% above year-to-date budget. Property tax revenue is about $1.4 million, while the Town needs $76 million in sales tax for general operations. Staff is deferring some expenditures. Second quarter major projects update included progress on public safety, roads, water infrastructure, and parks. Tara Vargish presented residential unit data: through June 30, 2023, single-family building permits were at 197, with a projected year-end of 400 (half the 20-year average of 800). Impact fee revenue is affected.
- Development Services Project Updates: Tara Vargish listed pre-applications and new quasi-judicial applications, including a McDonald's in Founders Marketplace, a Centura Health facility, and an amendment for Perry Street Social removing the ice rink due to financial challenges. Councilmember Cavey asked about the ice rink; Vargish confirmed it was not required.
- McDonald's Site Development Plan (Quasi-Judicial): The applicant, Robert Palmer, presented the plan for a 5,000 sq ft restaurant with drive-thru, under 22 ft height (complies with Skyline/Ridgeline ordinance). Staff recommended approval; Planning Commission had voted 7-0 in favor. Council debated: Councilmember Cavey opposed based on community opposition; Councilmembers Brooks, Hollingshead, LaFleur, and Bracken noted the use is legally permitted and the Town does not select businesses. Approved 5-2 (Gray, Bracken, Hollingshead, LaFleur, Brooks in favor; Cavey, Dietz against).
- Parking Lease Agreement with Douglas County School District: 55 spaces near downtown at $33,000/year from DDA special fund. Sublease possible for the proposed City Hotel project. Approved unanimously (7-0).
- Neighborhood Parking Permit Program: Ordinance and resolution adopted (both 5-2, same split as earlier: Cavey and Dietz voted no). Councilmember Brooks noted it would help with infill parking issues.
- Skyline/Ridgeline Ordinance Variance Authority: Tara Vargish presented history: 9 variance requests in 24 years. Staff recommended single-lot variances go to Council, multi-lot follow site development plan process to Council. Council debated: Mayor Gray saw no need to change; Councilmember Cavey and Brooks argued elected officials should decide on identity-of-town issues. Motion by Councilmember Dietz to direct staff to prepare an ordinance passed 4-2-1 (Hollingshead, Cavey, Brooks, Dietz in favor; Bracken, Gray against; LaFleur absent).
- Four Corners Intersection Improvement Project: Construction contract with Hudick Excavating for $11.3 million (plus contingency). Project adds dual left-turn lanes, through lanes, and dedicated right-turn lanes at the intersection of Founders Parkway, SH 86, Fifth Street, and Ridge Road. Federal and county funding used. Councilmember Cavey asked for details; Councilmember Bracken criticized CDOT for contributing nothing. Approved unanimously (7-0).
- CDBG 2023 Annual Action Plan: $255,712 allocation for ADA improvements and senior meal delivery. Councilmember Cavey asked about eligibility for parks; staff explained income-level requirements. Councilmember Brooks thanked staff for monitoring land-use autonomy. Approved unanimously (7-0).
Key Outcomes
- Failed Motions: Two motions related to Douglas County Fairgrounds jurisdiction and discussion of Title 9 both failed 4-3.
- Approved Quasi-Judicial Resolution: McDonald's site development plan approved 5-2.
- Approved Ordinances/Resolutions: Parking lease (7-0), Neighborhood Parking Permit Program (5-2 on both ordinance and resolution), construction contract for Four Corners (7-0), CDBG Annual Action Plan (7-0).
- Directive to Staff: Prepare an ordinance to change Skyline/Ridgeline variance approval authority to bring single-lot variances to Council and multi-lot variances as part of site development plans to Council (passed 4-2-1).
- Appointment: Eric Edwards appointed to Board of Adjustment for partial term ending May 31, 2024 (7-0).
- Community Loss: Mayor Gray announced a community member died falling from the Rock; Council adjourned with condolences.
Meeting Transcript
Guidance window wisdom and support as we begin this meeting. We gather here intent to doing good work. We seek to represent fairly and well. Those who have given us this task. Give us clarity and strength and use on our best skills and judgment. Please bless this community, the residents, businesses, and visitors, and help us continue doing good work in your name. Amen. Roll call, please. Councilmember Hollingshead. Here. Councilmember Kavey. Yes, Councilmember LaFleur. Here. Councilmember Brooks. Present. Councilmember Deets? Here. Mayor Potembracken. Present. Mayor Gray. Here. All are present. Thank you. Please rise, fled allegiance. I'll start out with council comments. Um unfortunately, this is a something I've talked about a few times over the last four and a half years. I don't know, about a week and a half ago from a friend of mine that I grew up with. And his brother uh took his own life. Um it just reminds me that how hard life can be day to day for all of us. Um, and reminds me that we have no clue what other people are going through. Um zero. And like every everybody I know is going through something. Uh, probably everybody in this room is going through something, or everybody listening, or what says dias is going through something that um is painful or hard or sad, um, either with their family or friends and that kind of thing. So just I'm asking you to for a wide birth of grace for your friends, your family, the people you don't know. Um, please understand they might be going through something you guys have no idea what's going on. I have no idea what's going on. Um I'm I'm asking that myself as well to try to be better with with people. Um, and I do appreciate that. And with that, Ryan Ryan Hollinshead. Thanks, Mayor. No comment tonight. Thank you. Councilmember KV. Uh yes, a couple comments. First, I would like to say thank you to Den and Parks and Rec. Uh we are getting the Buffalo Soldiers. Um, they are coming to um the cattle drive this year. So I'm very excited about that, and I appreciate her hard work getting that um set up. The second item that I would like to bring up is the Douglas County Fairgrounds. Um I do believe that we have jurisdiction over the Douglas County Fairgrounds from everything that I have read.
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