To: Honorable Mayor and Members of Town Council
Through: David L. Corliss, Town Manager
From: Tara Vargish, P.E., Director, Development Services
Title
Resolution Approving the Second Amended and Restated Development Agreement for Cornerstone Presbyterian Church [located at 2607 5th St.]
Body
________________________________________________________________________________
Executive Summary
This item concerns a Second Amended and Restated Development Agreement between the Town of Castle Rock and Cornerstone Presbyterian Church for the property formerly known as Country Acres. The revised Agreement updates and replaces the original 1990 Annexation Agreement and the First Amended and Restated Development Agreement adopted in 2010. It reflects the current development status of the site, outlines conditions for future utility connections, and confirms applicable regulatory requirements.
Town Council previously approved a Utilities Infrastructure Reimbursement Agreement (Resolution No. 2025-046) to facilitate connection of the property to the Town’s wastewater system. The revised Development Agreement now provides a clear regulatory framework to govern future redevelopment of the site and ensure compliance with Town requirements while maintaining allowances for the property’s ongoing use.
Staff recommends approval of the Second Amended and Restated Development Agreement.
Background and Purpose
The Cornerstone Presbyterian Church property was annexed in 1990 and is currently developed with two existing church-related buildings. The original and first amended development agreements are outdated and do not reflect the current or planned use of the site. The revised agreement:
• Accurately reflects current site conditions and development status.
• Provides a framework for the eventual connection of the site to municipal water and wastewater systems.
• Affirms that no additional development obligations (such as public land dedications or infrastructure improvements) will be imposed, other than those specifically outlined in the Agreement.
Proposed Development Agreement
Key sections of the proposed development agreement are listed below:
6.01 Existing Conditions
Acknowledges two existing church-related buildings, allowing continued operation. Any new development must comply with current regulations. No new building permits without platting, except for minor permits. Minor permits shall not include new buildings or structures, building expansions or placement of additional temporary structures on the Property.
6.02 & 6.03 Water and Wastewater Connections
• Continued use of the domestic well and on-site disposal system until connection.
• Payment of all applicable fees and abandonment of existing systems required upon connection to the Town’s water or wastewater systems.
• Connection must comply with state and local requirements.
7.01 Transportation Improvements
If needed, the Owner will dedicate up to 60 feet of right of way from the centerline of 5th Street at no cost to the Town.
7.02 Access Modification
Town retains the right to modify property access to maintain a safe and functional transportation network, regardless of prior site access approvals.
8.01 Public Land Dedication
No further public land dedication or cash in lieu is required for this property.
Budget Impact
This agreement does not impose any new financial obligations on the Town. It confirms Owner responsibility for utility connection costs and formalizes the reimbursement structure for sanitary sewer installation.
Finding
Staff finds the Second Amended and Restated Development Agreement to be consistent with Town policies and an appropriate mechanism for managing the future use and infrastructure service for the Cornerstone Presbyterian Church site.
Recommendation
Staff recommends approval of the Second Amended and Restated Development Agreement for Cornerstone Presbyterian Church, as proposed.
Proposed Motions
Option 1: Approval
“I move to approve the Resolution approving the Second Amended and Restated Development Agreement for Cornerstone Presbyterian Church as presented.”
Option 2: Approval with Conditions
“I move to approve the Resolution approving the Second Amended and Restated Development Agreement for Cornerstone Presbyterian Church, with the following conditions:” (list conditions)
Option 3: Continue item to next hearing (need more information to make decision)
“I move to continue this item to the Town Council meeting on [date], 2025, at [time].”
Attachments
Attachment A: Vicinity Map
Attachment B: Resolution
Attachment C: Second Amended Development Agreement
Attachment D: First Amended and Restated Development Agreement
Attachment E: Original Annexation Agreement