Northern Colorado judge rules move to block rezoning for hockey arena unconstitutional, Cascadia project resumes

Northern Colorado's "Cascadia" project, proposed for western Greeley, can move forward under zoning approved by the Greeley City Council after a Weld County district judge ruled a voter referendum to overturn that decision unconstitutional.

The ruling Thursday effectively restored Ordinance 30, which established Planned Unit Development zoning for roughly 834 acres planned for the Cascadia development and the nearby Catalyst entertainment district. The city said the ordinance remains valid because the council's action was an administrative decision rather than a legislative one, meaning it was not subject to repeal through a voter referendum.

Martin Lind, the developer behind Cascadia and owner of the Colorado Eagles, said the project has faced a series of setbacks since the council initially approved the rezoning.

"You know, it's been a roller coaster," Lind said. 

Greeley voters approved Ballot Issue 1A in February, which sought to repeal the council's zoning decision. However, the court's ruling means that vote was nullified.

Lind said the court decision puts the project back in a position to move forward.

"Now the slate is clean. The opportunity is back for Greeley and its residents to go have a world-class project," Lind said.

The decision is a setback for Greeley Demands Better, the group that helped organize opposition to the project and the effort to overturn the rezoning. Rhonda Solis, a spokesperson for Greeley Demands Better, said the group had viewed the referendum as one of its remaining opportunities to challenge the project.

"It was disappointing. We're talking about a community who didn't have a voice from the beginning on this $1.1 billion project," said Solis. "This was our final attempt to get this to stop spending, and really slow down and figure out how can we do this different."

With the zoning issue now resolved in the developer's favor, Solis said the group is considering what options remain.

"We have to figure out what to do now," Solis said.

The legal decision does not resolve the separate questions surrounding how the broader west Greeley development and related city projects will be financed.

The city said Thursday that the Catalyst project, which is city-owned, remains paused while officials evaluate financing options. The referendum affected the project's planned financing structure and prevented its partner from issuing revenue bonds as anticipated. The city said it is evaluating alternative funding options.

Lind said he believes potential funding for community improvements through Proposition 2F can benefit Greeley more broadly. That initiative is set to be voted on in November by Greeley residents. 2F would increase taxes by six cents on every $10 spent to help fund city projects, including the downtown civic campus and more. 

"It's kind of an all-encompassing fishnet for really just making Greeley a very, very dynamic city from all the way from downtown all the way to its west border," Lind said.

Solis said she would prefer funding from 2F, if approved, to go toward community needs rather than the development. She pointed out that the park by her house had its playground removed earlier this year and a sign remains saying it will eventually be replaced. She said she would prefer tax increases to go toward community improvements like parks instead of business development at Cascadia. 

Lind said the project is now "shovel-ready," and that construction could resume as soon as Nov. 4, the day after Election Day.

Meanwhile, opponents of Cascadia say they are still exploring whether there is a legal avenue to challenge the ruling.