Latest news with #CPCommercial
Daily Mail
08-08-2025
- Business
- Daily Mail
Snooty town bans McDonald's from opening because locals want a better class of restaurant
An upscale Colorado town has managed to stop McDonald's from building a restaurant in their town - seemingly because locals considered it too tacky. Locals in Castle Pines, in Douglas County, erupted in fury after plans by the fast food chain to open up a 3,671-square-foot two-lane drive thru emerged last year. Tensions came to ahead in May 2024 when the council held a public meeting asking residents if they should allow the Golden Arches to open a franchise. According to Business Den, that discussion descended into chaos with locals heard chanting 'No clown in our town!'. The outlet reported that over one hundred people attended the meeting, and the decision to reject the McDonald's was upheld with a 5-2 vote. Shortly after, the council was sued by developer CP Commercial, run by Ventana Capital, that owns the land where the McDonald's would have stood. The firm said the council had used 'nebulous bases' in denying the build, including traffic and a lack of outdoor seating, to disguise the fact they just hated McDonald's. Over a year later, Judge Stacy Guillon sided with the city and upheld their original decision. In her findings, Judge Guillon said: 'Because the council had competent evidence to support denying the site improvement plan, the court affirms the council's decision. 'The law makes clear that this court is not to second guess whether the city council acted wisely or in its constituents' best interest. 'The court may reverse only if the city council had no competent evidence whatsoever to support the decision it made.' She also rejected the argument by CP Commercial that because city code allowed for fast food, the council didn't have any basis to deny the plans. By this thinking, she said that 'raucous nightclubs' might be allowed where 'mellow cocktail lounges' are. CP Commercial said they were 'disappointed' in the decision, saying the council had caved to 'a minority of voices and their desire for a different brand of restaurant'. According to the developer they are now weighing up a possible appeal against the ruling. A statement continued: 'The city council should not be permitted to hide behind, as the court aptly noted, factors that are inherently subjective. 'The city's residents deserve not only the significant tax benefits that a McDonald's would bring but also additional restaurant choices.' Douglas Gilbert, president of the Castle Pines North Homeowners Association No. 1, welcomed the move. Gilbert had been a vocal opponent of the move to bring McDonald's to the area, telling the outlet it was too close to two schools and feared it would lead to trash. He said: 'We feel vindicated in the sense that our city government has protected the property rights of quite a few homeowners who would have had to deal with the traffic, and protected the school children who also would have been impacted.' City Manager Michael Penny added in a statement: 'The city is pleased that the District Court applied the appropriate deference to the City Council's judgment on this proposal. 'The city remains hopeful that future development along the Castle Pines Parkway corridor will develop in a way that best meets the needs of the community.
CBS News
07-08-2025
- Business
- CBS News
Court sides with Castle Pines in Colorado development dispute over a McDonald's
When a developer proposed building a McDonald's in Castle Pines, neighbors gathered in opposition. Now, after more than a year of legal battles, a Douglas County District Court has ruled in favor of those neighbors and the City of Castle Pines. "What we want to do is avoid creating more of a traffic problem than we already have," said Douglas Gilbert, president of the Castle Pines North Homeowners Association No. 1. Gilbert was one of many neighbors who vocally opposed the McDonald's, citing concerns over traffic, trash, noise and safety. Gilbert says the site is close to two schools, augmenting his worries about traffic and street safety. He also feels the McDonald's would not be compatible with the neighborhood. Developer CP Commercial, which falls under the umbrella of Ventana Capital, proposed a 3,671-square-foot, two-lane drive-through McDonald's near Castle Pines Parkway and Lagae Road in the incoming Parkway Plaza. CP Commercial owns the land and was contracted to sell the property for use as a McDonalds restaurant, according to legal documents. But first, they need approval of the project's site improvement plan from Castle Pines. Despite city staff recommending approval, Castle Pines City Council denied the site improvement plan in May of 2024, stating the plan didn't support the goals of the city or further the welfare of the community. "I was happy in the sense that council had taken the time to dig into the file, to understand the issues and to deny the SIP... I was disappointed that it came to that and that council hadn't been supported by staff, and that staff had really dropped the ball," Gilbert said. Neighbors like Gilbert breathed a sigh of relief -- only for CP Commercial to file a lawsuit appealing that decision, alleging council made an "arbitrary" decision to deny the plan based on public opinion. Concerned that the city would not represent homeowners' interests due to a "public-private partnership agreement" with LS Partners LLC, Gilbert's HOA decided to join the lawsuit. LS Partners lists the same Englewood address as Ventana Capital. "We felt that the city had a conflict of interest that it just simply could not overcome. So we decided, as a board of the homeowners association that we would intervene in the lawsuit," Gilbert said. Castle Pines had no comment on the partnership or Gilbert's allegation of a conflict of interest. Over a year later, a Douglas County District Court has ruled in favor of the city and HOA, stating council had "competent evidence" to deny the plan. "The city is pleased that the District Court applied the appropriate deference to the City Council's judgment on this proposal. The city remains hopeful that future development along the Castle Pines Parkway corridor will develop in a way that best meets the needs of the community. We look forward to working with property owners and applicants on future applications," Castle Pines City Manager Michael Penny said in a statement to CBS Colorado. "We have another 48 days to wait to see if they take it to another level at the Court of Appeals. We hope that they do not. We believe the decision that the court has rendered in this case is very well grounded and would be upheld on appeal," Gilbert said. CP Commercial's attorney shared the following statement: "CP Commercial is disappointed that the court declined to overturn Castle Pines' decision to deny a McDonald's after the city council caved to a vocal minority of voices and their desire for a different brand of restaurant instead of a McDonald's. The city council should not be permitted to hide behind, as the court aptly noted, factors that 'are inherently subjective.' The city's residents deserve not only the significant tax benefits that a McDonald's would bring but also additional restaurant choices. CP Commercial is exploring its options, including an appeal." If they choose not to appeal, CP Commercial can propose another development on the land. "I think what this has shown is creating a drive-through which brings a lot of traffic into the city isn't going to be a compatible development," Gilbert said. "We would certainly hope that our city and our city council take this in stride and see this as an opportunity to improve what they do. I think they need to do a full and thorough review of staff and staff's role in this." The City of Castle Pines says it spent about $21,000 on the lawsuit, while the HOA says it spent about $7,000. Gilbert is still hoping that some of those costs will be recuperated.
