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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.
CBS News
12-06-2025
- Business
- CBS News
Home rule special election questioned by Colorado county voters, as well as developer backing
Debate over home rule in Douglas County is heating up, with residents set to vote on the matter in less than two weeks. A special election will ask voters if they want the county to create their own home rule charter and who should serve on a charter commission. If voters say yes to home rule in the special election, the commission will craft a charter that will be voted on in November. CBS County leaders say that charter could free the county from strict state laws and increase local control over things such as taxes, gun laws and immigration enforcement. Douglas County residents should already have received their special election ballots. That June 24 election is costing the county about $500,000, and many are asking why it needed to happen so quickly. "I've never seen such backlash across party lines in the county," said Barrett Roth, a Douglas County resident. "If you rush, we don't have time to ask questions of the people that matter and can influence our votes." When Barrett Roth first heard about home rule, he wasn't sure how to feel. "I think, like everyone else, I was kind of shocked, and had to learn a lot about it," Roth said. And learn more he did. Reading through campaign finance reports, Roth found the "Yes on Local Control" campaign had received $110,000 in donations. Westside Property Investment Company, the developer behind Dawson Trails, contributed $10,000. Ventana Capital, which has numerous projects underway in the county, contributed $50,000, far surpassing any previously recorded donation under their name. Ventana is also involved in litigation with the city of Castle Pines over the city council's denial of a proposed McDonald's. "Why would a land developer be interested in home rule? If it's for all these liberal versus conservative policies, it's clearly for a land grab," Roth said. CBS Colorado reached out to both companies to ask why they supported the campaign. Westside had "no comment," and Ventana did not respond. "There are four committees that are set up in favor of home rule. I actually don't know all these people. So I don't know," County Commissioner George Teal told CBS Colorado. "We will have greater control of how we set the tax base for businesses under home rule. Maybe that's their interest." Teal says he doesn't know why the developers support home rule, but that the charter could give the county more local control over zoning and exempt them from some state development statutes. "We're pursuing home rule to put ourselves in a legal position here, as a legal entity of the state of Colorado, to have more local control," Teal said. "When you talk about public safety, you talk about having more control over our taxes and being able to lower taxes when we want to as we need to. And then when it comes to being able to work with other government agencies, home rule gives us far greater control with how we interact with other levels of government here in America." Other donors to the pro home rule campaign include "The Cundy Harbor Irrevocable Trust," which contributed $50,000, Teal's wife Laura Teal, who contributed $100, and Laura Tonner, who contributed $100. Tonner is married to Sean Tonner of Renewable Water Resources, the water developer behind a controversial plan to bring water from the San Luis Valley to Douglas County. On the other side, "Stop the Power Grab", a group opposing home rule, has received a total of $30,000 from hundreds of donors, including local Democratic politicians. Roth is a member of the group. He feels the promises being made about home rule are misleading. Metropolitan State University of Denver professor Dr. Robert Preuhs previously told CBS Colorado home rule does grant more policy-making authority to counties, but it may not be so easy to disregard state laws. Legal battles may ensue after controversial decisions to determine whether the matter is truly a local or a state concern. "The county commissioners will tell you that home rule will allow them to supersede state law," Roth said. "They've talked about how they can pass laws on gun safety, on abortion rights, on plastic bag fees, and try to battle the state. Well, the battles will take place in court." "As long as it is not a matter dealt with in state law, the home rule county does have the ability to legislate," Teal said. Roth feels home rule will waste taxpayer money on legal battles and the special election. "We're going to have an election in November 2025, so just in a few months, they could have placed it on the ballot for free in just a few months," Roth said. "But, instead, they're rushing it over the summer to the tune of $500,000 of taxpayer money. That's real money." "Right now, the cost of the election is coming in at just under $500,000," Teal said. "Average cost of a home in Douglas County is $800,000, so for less than the average cost of a home here in the county, we get to chart our own course and have that legal mechanism under the state constitution for complete local control." Roth was also upset to receive a white book from the county on the home rule measure that did not include an opposing viewpoint. "They're essentially putting out campaign literature on taxpayer dime," Roth said. The county says they have pro-con statements on their home rule webpage. "I do think home rule is the right thing to do, and I certainly encourage everyone to vote yes," Teal said. As the election draws near, tensions are running high over the county's future. "Often, the community feels very divided. If you talk to people, they feel pretty united that this is being rushed," Roth said. "It's a waste of money. It's something no one asked for, and I do think it's going to fail pretty substantially." One week before the special election, the county will hold one last town hall to answer any remaining questions. The town hall will be online at 6 p.m. June 17. Saturday, a "No Kings" protest held in Castle Rock will also protest the home rule initiative locally.
