Sanctuary on the Green development finally gets its rehearing. Supporters turned out, too.

When the Sanctuary on the Green residential development finally got its court-mandated rehearing on Monday, nearly a year after it was ordered, there were some new voices in the crowd.

Neighbors of the proposed project were there to voice their concerns, as they have for the 15 years the site has been in and out of development review.

But this time, many people noticed that more Fort Collins residents came out to support the addition of more housing.

The rehearing was prompted by a lawsuit against Fort Collins City Council, brought by the Sanctuary Field Neighborhood Network, and the subsequent ruling by 8th Judicial District Judge Stephen Jouard.

The court said a hearing officer and City Council were wrong back in 2022 when they approved the development, citing their legal determination that the city's land use code takes precedence over the Northwest Subarea Plan. The judge disagreed that the subarea plan is "merely advisory," and he ordered a rehearing that considered both the land use code and the subarea plan.

The hearing officer who approved the proposal in 2022, attorney Marcus McAskin, also was assigned to Monday's hearing.

One resident who opposes the current proposal pointed out that many residents who showed up to the hearing to support the project identified themselves as living nowhere near the project.

"(Development has) been a very political hot button in this town, and I'm curious how many people here speaking in favor of the development are impacted personally in any way by it," said Seth McEwan, who said his property abuts the lot. "I hear a lot of zip codes that are nowhere near this property. They're not driving the neighborhood. They're not living next door to it, and I think that should be taken into consideration in weighing community feedback."

Supporters said while they may not live next to the project, a lack of attainable housing has an effect on the entire city because it raises home prices further.

"The people that are trying to buy homes and rent homes, they do (support it)," said Matthew Behunin, a Fort Collins resident who spoke in support of the project.

He said having a development like Sanctuary on the Green could help save schools like Irish Elementary because it could create the need for additional classrooms at a time when Poudre School District has been looking at consolidating and closing schools.

"Local housing development is a critical component of a school's projected population," he said. "Part of the Northwest Subarea Plan talks about walkability and bikeability, especially to schools. ... If Irish closes, then all children in the northwest area won’t be able to walk or bike to school because there won’t be a school."

Andrew Pipes, an attorney speaking on behalf of 10 or more neighbors, said those who are opposed to the specifics of this project are not against development, but they want it to keep the "vibe" of their neighborhood intact.

"I urge you to reject the application," he told McAskin. "And don’t tell the applicant to quit, tell them to collaborate."

What does the Sanctuary on the Green development propose?

For Sanctuary on the Green, Solitaire Homes proposes to build 212 housing units on 41 acres in northwest Fort Collins, on land annexed into the city less than 10 years ago.

There would be 75 buildings:

• 7 two-family buildings, for a total of 14 units, which would be two stories.

• 36 single-family attached buildings, for a total of 166 units. Eight are two-story, and 28 are three-story.

• 32 single-family detached buildings.

The area surrounding the site includes a mix of housing types and belongs to the Northwest Subarea, which is defined in a 2006 plan the city created with Larimer County using public input to lay out a vision for the area, which straddles unincorporated Larimer County and the city of Fort Collins and its growth management area.

The project site is in Fort Collins city limits and is zoned as low-density mixed use, which allows for eight units per acre. Sanctuary on the Green would have a density of just over five units per acre when the entire lot is considered, or seven units per acre after accounting for the space taken up by natural habitat, a park and right-of-way areas.

The site includes the New Mercer Ditch, and the plan calls for open space areas, trails and a neighborhood park.

Neighborhoods abutting the property include those still in unincorporated Larimer County and those that have been annexed into the city with the same low-density mixed-use zoning.

Some nearby homes are on larger lots and more spread out, while others are on typical suburban lots laid out in a grid pattern. Many are one-story homes, but a few include walk-out basements that bring the home to three levels.

Across Laporte Avenue from the site are the Ramblewood Apartments. Adjacent to the site there's a church, the Poudre Community Academy school and an auto business. Irish Elementary School is also nearby.

What does the Northwest Subarea Plan say?

"The Northwest Subarea should continue to be predominately a low density residential area at the edge of Fort Collins with stable neighborhoods," the plan reads.

"The area should also retain aspects of its semi-rural heritage including historic structures, small farms and irrigation ditches, natural areas, foothills vistas, and open fields.

"As new development or change occurs, it should occur slowly and be of low intensity and fit in with the diversity and country feel of the area.

"New development should safeguard natural features and protect wildlife habitats. The Northwest Area should encompass permanently protected open lands and connected trail corridors to provide better access to the foothills, Poudre River, and local destinations, and to restore Soldier Creek as a functional drainage system with natural areas and recreational trails."

Arguments against the development

Miranda Spindel, who lives next to the site and is part of the Sanctuary Field Neighborhood Network that formed to oppose the project as planned, said the developer has not changed any of its plans in response to residents' concerns since the original hearing in 2022.

"The overall neighborhood sentiment remains unchanged because the proposal is unchanged," she said.

More: Fort Collins group opposed to Sanctuary on the Green sues over law it says chills free speech

Spindel said hearing officer McAskin in 2022 urged Solitaire to work with neighbors to reduce density and lower building heights but it hasn't happened. She said the developer has indicated an unwillingness to change site plans.

The proposal's three-story buildings are not in line with the size and character of the nearby single-story homes and will obstruct foothills, she argued, saying that's in direct conflict with subarea plan.

"There is no way this development can be considered compatible or sensitive to our neighborhood character," she said.

McEwan drew a contrast between the existing homes that abut the development and the proposed homes. He said the lot sizes of the surrounding homes are much larger than the Sanctuary housing units. He also said the structures would take up much more space on the individual lots, which would be out of character with the rest of the area.

Residents who spoke Monday also expressed concerns related to removing established trees, heat islands, dark skies, wildlife and pollinators, connecting those issues to the subarea plan.

Developer's arguments seeking approval

In response, Sam Coutts with architectural firm Ripley Design said Solitaire has met or exceeded all but two of the neighbors' concerns.

Developer David Pretzler said Solitaire has had 15 years of open dialogue that resulted in many changes to plans based on the concerns, including reducing density from 372 units to 212, removing 87 multifamily units and reducing the height on 46 buildings.

The impasse with neighbors now, he said, is because their request to eliminate the three-story product "is the one thing we cannot do."

He said without the current proposed density and the two- and three-story attached homes as part of the project, it won't be viable to provide both attainable housing and the public improvements that the project accomplishes, such as restoring Soldier Creek, which the subarea plan seeks.

"The 100 units the neighbors want would have to be priced in excess of $1 million apiece in order to make that density feasible," he said. "This does not comport with what the city has determined is needed, which is more affordably priced homes that will provide housing for the missing middle of homebuyers that need the homes priced at half that amount. And yes, this is not affordable housing, but it is attainable housing, and it is meeting a huge gap in the market that exists."

Pritzler said the project provides community benefits that address the subarea plan's goals, such as its 4,000 feet of trails, wildlife viewing areas, 694 new trees vs. the 254 required and pollinator gardens.

When will a decision come?

McAskin has 10 days from Monday's hearing to make his decision, and he said he hoped to have it made by July 26.

This article originally appeared on Fort Collins Coloradoan: Fort Collins development Sanctuary on the Green rehearing is done