Appeal focused on future Fort Collins homeless shelter site gets rejected

Fort Collins City Council on Tuesday night rejected an appeal fighting an overall development plan for land that could one day house a future shelter for men experiencing homelessness.

The council voted unanimously and found that the Fort Collins Planning and Zoning Commission conducted a fair hearing and properly interpreted and applied the land use code and city code when it approved the Mason Street infrastructure overall development plan.

The appeal was brought by Charlie Meserlian, owner of Fort Collins Truck Sales, 700 N. College Ave., who previously told the Coloradoan his appeal was intended to stop the Fort Collins Rescue Mission from building on land at North College Avenue and Hibdon Court .

Meserlian said he's disappointed about council's decision but will fight future applications involving the shelter.

"We're going to come back, and we're going to have both guns blazing," he said. "We're going to be better prepared next time."

Bohemian Foundation owns the land as 1311 North College LLC.

"We will continue to comply with the City of Fort Collins development processes as we move forward," Colin M. Vito with 1311 North College LLC said in a statement. "This decision upholds our commitment to adhere to the City’s development regulations to bring much-needed infrastructure improvements to 1311 North College. We appreciate the time and careful consideration of the council members, city staff, and the planning and zoning commission."

The appeal itself was not for the shelter because plans have not yet been submitted for that. Instead, it focused on a retention pond in the ODP that is needed to allow for development of the land west of College Avenue.

Any plans for a future shelter have to be approved separately from the ODP.

Meserlian's appeal alleged the Planning and Zoning Commission didn't review all of the pertinent drainage plans when it approved the ODP in February. It also alleged the board disregarded parts of the land use code and city code.

Meserlian said the ODP's plan for a detention pond doesn't come close to being sufficient based on master plans.

The stormwater detention pond needs to be built before any development can occur there, according to city planners.

During the appeal Tuesday, Claire Havelda of the Brownstein law firm representing Bohemian said the land use code sections Meserlian cited don't apply to ODPs and that the improvements outlined in the ODP meet the requirements.

Fort Collins planning staff said it recommended the planning commission approve the ODP based on those plans but generally doesn't include all plans in documents presented to the citizen volunteer board due to their volume.

Residents of the Hickory Village Mobile Home Park, to the west of the proposed location, have voiced opposition to the shelter, citing safety concerns and problems with people they say are sleeping inside the park, breaking windows at businesses and stealing belongings .

They are joined in opposition by members of the North Fort Collins Business Association. Meserlian is a member of that group.

Fort Collins Rescue Mission Senior Director Seth Forwood declined to comment because the rescue mission was not involved in the appeal.

About the proposed shelter

Bohemian Foundation's Pat Stryker is donating land to the Fort Collins Rescue Mission for a shelter.

A land swap is proposed with the city of Fort Collins, which owns adjacent land, so the pond can be built on city land and the shelter can be larger.

The mission has a Planning and Zoning Commission hearing in June for its 40,000-square-foot project to house 200 men.

The site will include a day use area, a cafeteria, administrative offices and an overnight shelter. The outdoor area on the west side of the building will be surrounded by a secure, 6-foot-tall fence, according to plans.

The shelter would more than double year-round space for men experiencing homelessness.

Some residents of the mobile home park showed up to speak at council Tuesday night through a Spanish interpreter, but city rules prohibit anyone from commenting on cases of appeal before council has heard the case because it is a quasi-judicial proceeding.

So instead, the residents implored council to address marginalization and inadequate infrastructure in north Fort Collins.

Lorena Lopez said the Hispanic community in north Fort Collins has faced decades of neglect and discrimination in deplorable living conditions and isolation, citing inadequate infrastructure and blight. She said development should focus on housing, roads and public utilities, and should be crafted with involvement of the communities.

Teresa Lopez said the city has looked the other way far too often when it comes to the residents of Hickory, Poudre Valley, Stonecrest and North College mobile home parks. She said any development should be used to transform the North College area to improve living standards and respect the cultural heritage of its residents.

Rebecca Mendoza said in 2020, the city promised $60,000 for engagement with residents regarding development in the area, but the funds seem not to have been used for their intended purpose.

City Manager Kelly DiMartino said she would follow up with staff to provide information about the money and how it is being used.

This article originally appeared on Fort Collins Coloradoan: Appeal focused on future Fort Collins homeless shelter site gets rejected