Local developers have pressed the town of Castle Rock to define
what a valid development application is in response to the
Responsible Growth Initiative that will appear on the November
ballot.

“Developers are in limbo and need some guidance as soon as
possible,” said Ed Johnson, a local developer. “Realistically,
we’re out of time already. All we can do is put together as (many
planning applications) as we can as fast as we can.”

If the initiative passes, any development that is not a “valid
development application” before the Sept. 13 cutoff date will be
subject to voter approval. But the initiative’s language is vague
as to what constitutes a valid development application, said Bob
Slentz, attorney for Castle Rock.

Developers are scrambling to get plans in before the time is up,
said Peter Rhinehart, with the Villages at Plum Creek.

“If the community is 80 percent either developed or platted, it
could be in a position where its ability to develop final parcels
is hindered,” Rhinehart said.

To prepare for the rush of applications the Castle Rock Town
Council will vote on an ordinance at its Thursday meeting that will
declare as valid applications those n preliminary planned
development site plans, final planned development site plans,
preliminary subdivision plats and final subdivision plats.

The ordinance is written to be a blueprint for the day after the
initiative goes into effect with some protocol for development
applications, Slentz said.

“The (initiative) is going to be challenged in court, and we need
to be able to go to court with a valid ordinance,” he said.

“This ordinance will give developers a line of defense,” said Jack
Vickers of Castle Pines.

Should the initiative fail, Slentz said, the ordinance would be
invalid.

Another of the town’s concerns is that the initiative, if it
passes, could be a disincentive for developers to amend their
plans, Slentz said. If developers have to take changes to their
plans and submit them to voters, builders might decide not to
revise plans — even if the revision is to decrease the density.

In recent years, Castle Rock developers have consistently revised
their plans with an eye toward larger lots and less houses, Slentz
said. But this might change if the initiative passes because
developers could face losing the entire plan if voters deny a
request for a revision.

Although the Douglas County planning department said there had been
an increase in applications, which some attribute to the pending
initiative, the Castle Rock planning department has reported only a
slight increase.

However, as the Sept. 13 cutoff date nears, applications might
increase, planners said.

Parker approved a similar ordinance Aug. 14.