Developer sues Colorado city after City Council denied McDonalds plan

In Castle Pines, a fight over a proposed McDonald's has escalated to a legal battle.

Developers want to build a 3,671-square-foot McDonald's with a two-lane drive-through near Castle Pines Parkway and Lagae Road. It would be part of the soon-to-be-developed "Parkway Plaza," which has already been approved by the City Council.

But in March, neighbors showed up in droves to the planning commission's meeting to speak out against the proposal. The commission denied the application and the issue was appealed to the City Council to be discussed at a May meeting, where community members again spoke out against the development. The Council voted 5-2 against the site improvement plan and was met with cheers from the audience.

But now, the city is being sued by the developer.

"You would have French fry grease coming into your home," said Douglas Gilbert, president of Castle Pines North HOA Number 1, which includes homes near the proposed development.

"Just 300 feet from here, there are the backs of homes that have been there for 35, almost 40 years," Gilbert said.

He's spent months fighting against the Golden Arches, worried the fast food restaurant would bring noise, smoke, trash, safety concerns and traffic to his community.

In May, the City Council denied the project's site improvement plan, saying it failed to support the goals of the Castle Pines Comprehensive Plan and did not further public health, safety and community welfare.

"I think they made the right decision," said Gilbert.

The project's developer, CP Commercial LLC, disagrees.

"What we're dealing with here is whether the site improvement plan filed by McDonald's met the specific criteria in the Castle Pines code, and CP Commercial believes it does," said David Meschke, attorney for CP Commercial.

They've filed a lawsuit against the City Council, alleging the council denied the plan based on public opinion.

"Whether certain residents oppose or would like to have a McDonald's there doesn't actually factor into that decision," said Meschke.

They say city staff recommended that the City Council approve the plan, and the site falls within a planned development that allows for fast food use. Numerous drive-throughs are located nearby.

"I think it's abusive on the part of the developer to do that," said Gilbert. "It's gonna expend several hundred thousand dollars worth of resources."

Gilbert feels city leaders are being punished for listening to their community.

CP Commercial is under contract to sell the property to be used as a McDonald's. They say fast casual and sit-down restaurants aren't interested in the site.

In the lawsuit, the City Council's resolution cites flaws with a commissioned traffic study based on data from 2011.

"One of the intersections in the traffic study was rated as 'F,' meaning what you think it means, fail," said Gilbert.

CP Commercial, however, says the City Council cited no evidence that the study's methodology was flawed, and traffic concerns will be present for any new business developed in the already-approved Parkway Plaza.

"If increased traffic, above what is currently there in Castle Pines, is a reason to deny the site improvement plan, no development can ever go in there," said Meschke.

If the court rules that City Council's decision was arbitrary, the McDonald's plan can move forward. If not, CP Commercial can submit plans for another business. But they worry those might be denied as well.

The Castle Pines City Council said it doesn't comment on pending litigation. But as for the residents, Gilbert says they'll be happy with any business that isn't a drive-through.

"We're not against fast food; we're against the idea of building a traffic nightmare here," said Gilbert.

Gilbert says his HOA is considering getting involved with the lawsuit. They would rather see a local business come in.

But whatever business the plot of land becomes, it likely won't open for years as the lawsuit and planning process play out.