A judge in Castle Rock has rejected an effort by 106 residents to stop an apartment complex from being built near Parker, clearing the way for construction to begin.
District Court Judge Gary Kramer ruled Nov. 22 that Douglas County commissioners did not abuse their discretion when they rezoned The Pinery area to allow for apartments.
“The board properly considered the applicable criteria and there is evidence in the record to support the board’s approval of the rezoning application,” the judge wrote.
Ulysses Development Group plans to build 220 “workforce housing” apartments on 35 acres at the intersection of State Highway 83 and Scott Avenue. Ulysses expects it to serve county workers, teachers, South Metro Fire employees and retail workers, among others.
In January, about 200 residents in the area told the Douglas County Commission they were opposed and more than 25 testified at a lengthy hearing. Though the idea had been rejected by the county’s planning commission, the county commission approved it in a 2-1 vote.
So, the next month, 106 of those neighbors sued and asked Kramer to stop the project.
“The development would stand in stark contrast to the character of The Pinery,” they wrote. “Its character is defined as comprised entirely of low-density, single-family homes.”
Commissioners and Ulysses asked Kramer to reject that lawsuit. He did so last week.
“UDG is committed to providing high-quality housing opportunities to Colorado’s communities and with this decision, we can once again work toward addressing Douglas County’s deeply acknowledged need for workforce housing,” said Ulysses partner Connor Larr.
The Douglas County Attorney’s Office, which represented the commissioners, added it was “pleased” to see Kramer confirm that the county’s rezoning process was sound.
A construction commencement date for the project has not been set, according to Ulysses.
The plaintiffs were represented by attorneys Eric Liebman, Allison Hester, Erin Scott and Vikrama Chandrashekar with Moye White in Denver. They declined to comment.
Ulysses was represented by Andrew Peters at Otten Johnson Neff & Ragonetti in Denver. Douglas County was represented by Christopher Pratt and Kelly Dunnaway in the County Attorney’s Office, along with William Tuthill at WATLegal in Arvada.