Title
An Appeal from the related City Planning Commission decision that denied the Zone Map Amendment application pertaining to approximately 2.17 acres located at 4880 Airport Road from R1-6/AP-O (Single Family - Medium with Airport Overlay) to R-5/AP-O (Multi-Family - High with Airport Overlay).
(Quasi-Judicial)
Related Files: ZONE-24-0020
Located in Council District 4
Presenter:
Chris Sullivan, Senior Planner, City Planning Department
Kevin Walker, Planning Director, City Planning Department
Body
Summary:
Owner: AMC Properties LLC.
Applicant/Appellant: AMC Properties, LLC.
Representative: N.E.S., Inc.
Location: 4880 Airport Road
City Planning Commission, at its regularly scheduled public hearing on February 11, 2026, denied a Zone Map Amendment (Rezone) application consisting of approximately 2.17 acres located at 4880 Airport Road from R1-6/AP-O (Single Family - Medium with Airport Overlay) to R-5/AP-O (Multi-Family - High with Airport Overlay) based upon the finding that the application did not meet the criteria set for in City Code Section 7.5.704.
On February 19, 2025, the City Planning Department received an Appeal from the property owner for the above referenced project within the 10-day appeal window (see “Attachment 5 - Appeal Application)
If the appeal is approved, an ordinance that would approve the related zone change will be brought to City Council in April.
Background:
Please see the attached City Planning Commission Staff Report for a complete analysis of the proposed applications.
Review Criteria:
The application being considered is an appeal of the City Planning Commission decision on the 4880 Airport Road Rezone. In determining the decision on this appeal both review criteria for an appeal and a zone map amendment are to be considered.
Following review by the appellant body, the application for an Appeal may be affirmed, reversed, modified or remanded back to Planning Commission. The review criteria for this decision are set forth in City Code Section (UDC) 7.5.415.A.2, as follows (refer to the underlined criteria in subsection (2)):
2. Notice of Appeal
a. The notice of appeal shall state:
(1) The specific provision(s) of this UDC that is the basis of the appeal; and
(2) Which of the following criteria for reversal or modification of the decision is applicable to the appeal:
(a) The decision is contrary to the express language of this UDC; or
(b) The decision is erroneous; or
(c) The decision is clearly contrary to law; and
(3) Describe how the criteria for the relevant application have or have not been met.
The review criteria for Zone Map Amendment as set forth in City Code Section 7.5.704 (UDC) are noted below.
1. The proposed rezoning is consistent with the goals and policies of the Colorado Springs Comprehensive Plan, with other plans and policies adopted by the City Council; and with the purpose statement of the proposed zone district(s).
2. The rezoning will not be detrimental to the public interest, health, safety, convenience, or general welfare.
3. The location of the lands in the zoning map area being amended are appropriate for the purposes of the proposed zone district(s).
4. If the application proposes to rezone a small area of land, the application demonstrates that the size, scale, height density, and multimodal traffic impacts of the proposed rezoning are compatible with surrounding development or can be made compatible with surrounding development through approval conditions.
5. If the application proposes to rezone a relatively small area of land, the application demonstrates that the change in zoning will not create significant dislocations of tenants or occupants of the property, or that any impacts are outweighed by other public benefits or progress toward other Colorado Springs Comprehensive Plan goals that would be achieved by approval of the application.
6. If a Land Use Plan or amendment to a Land Use Plan accompanies the application, the Land Use Plan or amendment complies with the applicable criteria in Subsection7.5.514C.3 (Land Use Plan Criteria).
7. The application is consistent with any approved Concept Plans in the area for which the map is being amended or includes or is accompanied by a provision that approved Concept Plans that have been classified as implemented do not have to be amended in order to be considered consistent with an amended zoning map.
8. If the application is for creation of an ADS-O district, the approval criteria applicable to the creation of the text of the ADS-O district in Section 7.2.607D.47.5.702 (Decision) shall also apply to consideration of the zoning map amendment required to create or amend the boundaries of the ADS-O district.
9. If rezoning to a PDZ district, the proposed PDZ district provides significant community amenities or other benefits, as determined by the Manager, that promote the achievement of Colorado Springs Comprehensive Plan goals and would not otherwise be required of the applicant under this UDC or other City or governmental regulations.
10. Complies with the additional standards of the base zone district where the property is located (see Article 7.2 (Zone Districts)) or in an overlay district that applies to the property (see Part 7.2.6 (Overlay Districts)). (Ord. 23-03)
It was determined by City Planning Commission that the proposed Zone Map Amendment did not meet the review criteria listed above.
Previous Council Action:
City Council withdrew the application from the agenda at the regularly scheduled Work Session on January 13, 2026, to allow the applicant the ability for reconsideration by City Planning Commission.
Financial Implications:
N/A
City Council Appointed Board/Commission/Committee Recommendation:
City Planning Commission voted 3-2-6 to recommend to City Council denial of the Zoning Map Amendment at the November 11, 2025, meeting.
Aye: 3 - Chair Casey, Commissioner Clements and Commissioner Engel
No: 2 - Vice Chair Hensler and Commission Case
Absent: 6 - Commission Cecil, Commissioner Slattery, Commissioner Robbins, Commissioner Sipilovic, Commissioner Gigiano and Commissioner Willoughby
Primary reasoning for recommending denial is related to meeting criteria #4 and traffic impacts to adjacent roadways. Please see the attached draft City Planning Commission meeting minutes for detailed discussion of the Commissioner’s deliberations of the proposed application.
City Planning Commission voted 6-3-0 to deny the Zoning Map Amendment at the February 11, 2026, meeting.
Aye: 6 - Commissioner Slattery, Commissioner Robbins, Chair Casey, Commissioner Clements, Commissioner Gigiano and Commissioner Case
No: 3 - Vice Chair Hensler, Commissioner Cecil and Commissioner Willoughby
Absent: 0
Primary reasoning for the denial are similar to their last decision.
Recommended Action
Optional Motions:
1. Affirm the decision of the Planning Commission and deny the appeal;
2. Reverse the decision of the Planning Commission and approve the appeal; or
3. Remand the matter back to the Planning Commission for further consideration.
Should the City Council wish to reverse the Planning Commission decision for the Zone Map Amendment application, the following motion is suggested:
Approve the Appeal and reverse the City Planning Commission decision on the Zone Map Amendment application for 4880 Airport Road based upon the finding that the appellant met the appeal criteria found in City code Section 7.5.415, and direct that a related ordinance be brought to City Council for consideration.
Should the City Council wish to affirm the City Planning Commission decision on the Zone Map Amendment application, the following motion is suggested.
Deny the Appeal and affirm the City Planning Commission decision on the Zone Map Amendment for 4880 Airport Road, based upon the finding that the review criteria for deciding the application are not met, as decided by the Planning Commission, and that the appellant failed to show the need for reversal or modification of the decision per the criteria in City Code Section 7.5.415.
Should the City Council wish to remand the Zone Map Amendment application, the following motion is suggested.
Remand the matter to the City Planning Commission for further consideration of the Zone Map Amendment for 4880 Airport Road based on the applicable review criteria for deciding on a Zone Map Amendment as set forth in City Code Section 7.5.704 with the considerations and discussion given by this City Council.