Fort Collins faces second lawsuit over student housing from community activists

The city of Fort Collins is facing a second lawsuit filed this month over a proposed student housing project.

Community activist Eric Sutherland and Brian Dwyer of Fort Collins Muffler and Automotive filed the lawsuit in Fort Collins Municipal Court, claiming City Council erred when it upheld the planning board's approval of Johnson Drive apartments.

The 195 apartments are planned north of Whole Foods and sit roughly behind the Dog Pawlour, Dwyer's shop, and Elevations Credit Union on College Avenue and Johnson Drive.

Dwyer said he wants the case sent back to the planning and zoning board so they can discuss issues, including parking. "We lost parking," Dwyer said. "If my customers can't park anywhere, we will pay the price."

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Developers sold him five spots, but Dwyer said it won't be enough and he doesn't know what will happen during construction of the complex.

The city "has green lighted the project but haven't talked to us about if they're going to block the street during construction. There are only two ins and outs, and I don't know where they would put the construction equipment."

Dwyer worries business will suffer if access and parking become more difficult.

Johnson Drive Apartments is a transit-oriented development, which allows developers to decrease parking requirements if mass transportation is available to residents.

The lawsuit states the planning and zoning board and City Council agreed to decrease parking requirements because transit passes and car sharing would be in place at the complex, but developers failed to define what that meant.

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"Car share is unconstitutionally vague," the suit said, "and does not represent an adequate means for effecting a reduction of parking spaces that would otherwise be required in the (transit-oriented development.)"

Sutherland declined comment and said, "the lawsuit speaks for itself." It also questions the design of the project's trash enclosure and failure to include a trail system in the design.

This is the second lawsuit filed against the city this month seeking to halt a student housing project. Rory Heath has sued the city to halt creation of The Union on West Elizabeth Street. Neither case is set for a court hearing yet.

The Sherwood Lateral Ditch, home to songbirds and aquatic life when the ditch is flowing, runs along the southern edge of the site, bordered by a steep embankment. A footpath with stairs, landings and a bridge is planned to allow pedestrians safe crossing across the ditch to the MAX station on Mason Street and neighboring businesses.

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