Controversial 2424 Garden of the Gods rezoning back on the table with application changes

COLORADO SPRINGS, Colo. (KRDO) -- A developer is trying to rezone 125 acres for a mixed use development at 2424 Garden of the Gods Rd. — more than a year after being denied by the Colorado Springs City Council. But the new application comes with some changes.

The developer, 2424 GOTG LLC, is proposing a maximum of a 320-unit residential development and 200,000 square feet of non-residential space along the intersection of Flying W Ranch Rd. and N. 30th Street. This is 100 less units than the developer's previous application that was denied in 2021. 

According to city code, a developer can resubmit an application one year after it was denied. On Wednesday, the new application was approved by the Colorado Springs Planning Commission 6-3 — Marty Rickett, John Almy and Scott Hente opposed the rezoning and concept plan.

Commissioner James McMurray said the project supports the goals of the city moving forward and helps stabilize the area. Hente denied the application because he said it is a "detriment to public safety" due to strained chokepoints during emergency evacuations.

Based on the above plan, the developer will leave the current commercial building in Area A with no further development. Area B will either be 200,000 square feet of non-residential space, a maximum of 100 unit townhomes or a combination of both. Area C will include a maximum of 220 unit apartments. The developer said Area D, about 55 acres, will remain an open space.

This differs from the proposed plan in 2021, which included 420 multi-family residential units in addition to 200,000 square feet of non-residential floorspace. That plan was approved by the Planning Commission (4-3 vote) in March 2021. It then went to the Colorado Springs City Council, which initially approved the plan during first reading in May 2021. However, during the final reading in August 2021, the council changed course and the plan failed 5-4.

The developer filed a lawsuit, asking a judge to reverse the council’s decision. The judge denied the reversal, and the lawsuit is now in the appellate court. The developer said if the new plan is approved it will withdraw its lawsuit for the original application.

“When you consider the impacts and the concerns that were raised the last go around, as well as for planning commission and city council to consider today, there have been changes and those changes do affect how the ultimate build of the project would occur,” said Daniel Sexton, a planning supervisor with the City of Colorado Springs.

Residents in surrounding neighborhoods, including Mountain Shadow, have many of the same concerns from the previous application. The most significant concern is the development will increase density, threatening the safety of western neighborhoods in fire-prone areas.

“Almost everyone that has a really emotional attachment is because they lived here during the Waldo Canyon Fire,” said Bill Wysong, the president of the Mountain Shadow Community Association.

During the Waldo Canyon Fire in 2012, Wysong said it took residents in the Mountain Shadow neighborhood five hours to evacuate due to traffic congestion. He said adding 320 units to the area would be detrimental.

“The housing density really ties into more people, no evacuation, no evacuation plan, no timing,” Wysong said.

Judy Brinkman lived in Mountain Shadow during the Waldo Canyon Fire and remembers how difficult evacuations were.

"We couldn't even get back in the neighborhood, let alone get out of the neighborhood," she said. "They've done nothing about north, south, east, west interchanges in town, absolutely nothing."

Emergency evacuations is not a criteria the planning commission or the city council can consider in a rezoning change. However, public interest, health, safety, convenience and general welfare can be considered. Wysong said its the reason both the planning commission and the city council should deny the application.

 "A zone change in a concept plan, does include that safety component," said Sexton. "It's a general term. So how the decision makers ultimately determine to interpret that as a baseline, whether that's evacuation or specifically traffic, that's kind of their prerogative."

Since the previous denial of the zone change, the city passed a new emergency evacuation ordinance. The law creates predetermined evacuation zones and new software that would identify areas affected during an emergency and information on how to evacuate.

“City has taken significant steps to address and will address wildfire evacuations moving forward,” said Andrea Barlow, who is representing the developer.

Other resident concerns include more traffic, lack of school infrastructure, increased crime, obstruction of views and a threat to the Bighorn sheep population.

A traffic study, required in the rezoning application process, said there is "no negative impact to traffic operations for surrounding roadway network." Andrea Barlow said District 11 hasn't raised concerns about the capacity at local school due to the local development.

The developer also referenced published reports that show multifamily developments do not have a negative effect on property values or increase crime in the neighborhoods in which they are located.

As for the obstruction of views, the current zone allows buildings to be 45 feet tall. The proposed rezoning and development would not exceed that height.

Residents on the west side of Colorado Springs, particularly Mountain Shadow homeowners, have seen herds of Bighorn sheep grazing just west of the proposed development. Some are concerned the construction and influx of people will harm the population.

In the last application, the Colorado Parks and Wildlife said the "proposed development would have little to no impact on the Rampart Range Bighorn Sheep herd."

With the approval from the planning commission Wednesday. The new application heads to the Colorado Springs City Council for final approval.