COLORADO SPRINGS — A new lawsuit has been filed against the city and the developers of the Sunset Amphitheater in Colorado Springs claiming the venue will violate noise laws and bother nearby neighbors.
The lawsuit comes as an attempt to stop construction on the project near I-25 and North Gate Blvd.
The owner, founder and CEO of Notes Live, JW Roth, said he was disappointed to hear about the lawsuit.
"We spent two years going through this process. I started with city administration and got approved. I started from there and went to the planning commission and they approved me. Then it got appealed and I went to city council, which is the very last stop. I got approved, overwhelmingly, eight to one, I won," Roth said.
Roth said he has done everything he has supposed to do.
A lawsuit was filed on Tuesday by Michael Kuhn and the Northside Neighbors Association, claims otherwise.
The lawsuit is calling for construction to stop until the amphitheater proves it will comply with Colorado noise laws. It said the amphitheater will produce “unlawful noise pollution.”
Ian Speir is the attorney for plaintiffs. Speir said a noise study submitted by Notes Live shows the amphitheater sound levels could be above the legal limit.
“After 7pm in a residential zone, noise can not exceed 50 decibels,” Speir said.
But Roth said he is now building an event center which should help block that noise.
"I can tell you that I have built it up even more than we originally proposed, so it is going to hit voyagers a lot less than 47," Roth said.
Speir said the goal of the lawsuit is to make sure the amphitheater is following Colorado Noise Laws, making sure sound is below 50 decibels.
"The venue is not going to be in compliance with those numbers, the construction needs to stop, the operation needs to stop, unless they can comply with the noise laws," Speir said.
Roth said Notes Live is looking into the lawsuit, but in the meantime, they are going to continue building.
Once built, the amphitheater will hold 8,000 people and plans to have around 50 concerts each year. The developers plan to open by summer 2024.
Since the amphitheater's proposal, there have been mixed reactions from local residents.
Some residents argue that the 8,000 person venue will make it harder to find parking in addition to causing loud noises.
Local resident Kevin Lafollette remarked, "We moved here to Colorado Springs in this neighborhood primarily because it's a nice quiet neighborhood".
Another local resident, Christopher Foley said, "We are close enough that we're definitely concerned about the impact for parking around concert days. And we've lived in neighborhoods where they've had concert venues and you definitely feel that."
For local music lovers, it's just what the neighborhood needs.
Local resident Rick Fiser said, "I think it's nice to have another concert venue in the area. Especially since you have to go all the way down to the World Arena on the south end of El Paso County so having something up on the north end of El Paso County seems like a good thing."
Notes Live, the developer behind the stadium, was also able to share their proposed plan with community members.
The meeting was completely packed with locals looking to voice their thoughts on the new venue.
One community member asked, "If there's an emergency how is a medic even going to be able to get into my neighborhood?"
To which Robert Mudd, the president of the Notes Live Development Corporation, replied, "We're working hand and hand with the administration, the transportation folks, we'll be working with the police department to make sure that we have a cohesive plan that serves the venue well. Serves the neighborhood well, safety, security, can't have hospitality without them."
2,000 parking spots were required for the venue by city ordinance, though a study performed by consultants at Kimley-Horn estimates that the ampitheater will need 2,400.
Notes Live provided residents with a parking map that utilized lots that were already available in the area.
The developer also remarked that, "[they were] seeking additional clarification on how the site will function" and that they would take the information shared at the meeting under consideration moving forward.
____
Watch KOAA News5 on your time, anytime with our free streaming app available for your Roku, FireTV, AppleTV and Android TV. Just search KOAA News5, download and start watching.
