A resident and two local groups are suing Colorado Springs after the City Council approved controversial plans to build an apartment complex for homeless young adults on the city’s west side – the second lawsuit filed against the city in two weeks over recent contentious land use approvals.

The 50-unit Launchpad Apartments received hefty opposition from west side neighbors who objected to its proposed height and density, were concerned it was not compatible with the surrounding neighborhood, worried it did not conform to various adopted city plans guiding development in the project area and were concerned about the potential for landslides on the site’s steep west side.

Colorado Springs resident sues city over controversial apartment project

The Colorado Springs City Council voted 6-3 on Aug. 8 to uphold planning staff’s administrative approval of plans to build the apartments on about 1.37 acres north of the intersection of West Uintah and North 19th Streets. It is designed to house and support homeless young adults ages 18-24, with programs operated by The Place, a nonprofit that operates the only shelter for homeless teens in Colorado Springs.

West side resident Michael Wemple, Colorado Springs resident group Integrity Matters and wildfire safety advocacy group Westside Watch filed a lawsuit in El Paso County district court Tuesday, claiming the city’s approval of the project “materially deviated from the city’s land use policies, procedures and ordinances.” It “creates a public safety risk and deviates from the city’s responsibility to protect public safety,” the suit states.

Reached by phone Tuesday evening, city spokesman Max D’Onofrio declined to comment on the matter, citing the pending litigation.

According to the four-page lawsuit, the Launchpad development “materially deviates” from the applicable Westside Plan, the area master plan for development across 2,900 acres on Colorado Springs’ west side, “in providing for high density development on the property, contrary to land use regulations and ordinances.” 

The project’s approved 45-foot building height is also 25% higher than the recommended development height for this property, plaintiffs said in the suit.

Case No. 2023CV31679, MICHAEL WEMPLE, WESTSIDE WATCH and INTEGRITY MATTERS v CITY OF COLORADO SPRINGS

Scott Hiller, a west side resident and chief of geosciences for a national engineering firm, previously said the Westside Plan recommends buildings within its area be no taller than 35 feet and have a residential density of between 5-16 units per acre.

Andrea Barlow with developer consultant N.E.S. Inc. has said the property’s current zoning allows building heights up to 45 feet and a density of up to 58 units per acre. 

She has said the Westside Plan is an “outdated” advisory plan that guides development, but it is “not policy,” and the property’s current zoning determines the project’s development standards like height and density.

Hiller previously said city code dictates “the more stringent requirement, regulation, restriction or land use limitation shall apply” when there is conflict between zoning codes, the definition of zone districts, or other provisions of the city code, law or ordinance.

The lawsuit also claims the city “ignored and/or misstated the relevant geographic/geologic evidence, which given the topography of the property, leads to safety risks to the public.”

City Council delays appeal hearing on controversial apartment complex for homeless young adults in Colorado Springs

Concerns about the potential for landslides on the site’s steep west side largely dominated the public discussion during the Aug. 8 hearing in front of City Council.

Opponents said last month a geological hazards report for the site prepared by CTL Thompson, an engineering consultant for developer Cohen Esrey, was incomplete and did not accurately reflect the potential for landslides on the property. Expansive soils have already caused land movement for neighbors living on the ridge above the proposed site, Hiller and residents said.

Tyra Sandy, a city engineer who told the council she was “by definition” a professional geologist and holds a credential in geotechnical engineering, said the CTL Thompson report “adequately identified geologic hazards on the site and did identify mitigation measures.”

Opponents urged the council to ask the Colorado Geological Survey to review CTL Thompson’s report. On Aug. 8, Councilman Dave Donelson’s motion to table the development request and refer the geohazard report to the state for review failed. The council then voted 6-3 to approve the project.

Councilmembers who supported the project said they trusted city staff’s opinion and did not want to further delay the review process for the development.

City Council approves controversial apartments for homeless young adults in Colorado Springs

In the weeks since the Launchpad’s approval, Integrity Matters members have questioned the validity of Sandy’s credentials in emails sent to city planners and Travis Easton, Colorado Springs’ former Public Works director and the deputy chief of staff for infrastructure and development.

“The city’s action in approving (the development) exceeded its jurisdiction and/or constitutes an abuse of discretion,” the lawsuit states.

Plaintiffs ask the court to overturn the city’s approval of the project.

The city is also facing a lawsuit filed Aug. 22 by Colorado Springs resident Tim Hoiles over the city’s approval of the 400-unit Creekwalk Apartments near South Nevada Avenue.