According to the city attorney, the Colorado Springs city council did not act improperly when it narrowly turned down a zoning change for 2424 Garden of the Gods Road.
In August, council rejected the developer’s request that would have allowed 420 new dwelling units on the city’s west side, near where the Waldo Canyon fire destroyed many homes nine years ago. It was a reversal from an earlier decision in May when the council initially voted 5-4 to allow the controversial development to move ahead in the rezoning process.
Residents in the surrounding neighborhoods had expressed strong concerns about traffic, particularly during an emergency when delays could hinder evacuations. The developer’s attorney said the proposed residential units would have created less traffic than any additional commercial development currently possible at the site.
The developer filed a complaint against the city in court earlier this fall. In its response, the city said that the court must affirm the council's decision unless the developer can prove there’s no evidence to support it.
The city has until Dec. 31 to provide transcriptions of 21 hours of hearings about the rezoning request as part of the court discovery process.
