HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/21/2006 - RESOLUTION 2006-019 MAKING FINDINGS OF FACT AND CO ITEM NUMBER: 37
AGENDA ITEM SUMMARY DATE: February 21, 2006
FORT COLLINS CITY COUNCIL STAFF: Ted Shepard
SUBJECT
Resolution 2006- 019 Making Findings of Fact and Conclusions Pertaining to the Appeal of the
Determination of the Planningand Zoning Board Regarding the Timberline Center Project
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Development Plan.
RECOMMENDATION
Staff recommends adoption of this Resolution.
EXECUTIVE SUMMARY
On December 29, 2005, an Amended Notice of Appeal was filed by V.F. Ripley Associates, Inc.,
regarding the December 8,2005 decision of the Planning and Zoning Board. This decision approved
the Timberline Center PDP but, in so approving, denied the Request for Modification to Section
4.23(B)(c)5. which requires a minimum of three-quarters of a mile (3,960 feet), measured in a
straight line, as the distance between retail stores with fuel sales and any fueling station.
On February 7, 2006, City Council voted 6— 1 to uphold the decision of the Planning and Zoning
Board. In order to complete the record regarding this appeal,the Council should adopt a Resolution
making findings of fact and finalizing its decision on the appeal.
BACKGROUND
The Appellant's Notice of Appeal was based on the allegation that:
• Relevant laws were not properly interpreted and applied; and
• The Board failed to hold a fair hearing by improperly failing to receive all relevant
evidence offered:
At the February 7, 2006 hearing on this matter, Council considered the testimony of City staff, the
applicant's consultant and a citizen opposed to the Appeal. In subsequent discussion at this hearing,
Council determined that:
• The Planning and Zoning Board properly interpreted and applied relevant provisions
of the Code and Charter.
February 21, 2006 .2. Item No. 37
• The Planning and Zoning Board held a fair hearing and properly received all relevant
evidence.
Council voted 6— 1 to uphold the decision of the Planning and Zoning Board.
RESOLUTION 2006-019
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS PERTAINING TO
THE APPEAL OF THE DETERMINATION OF THE
PLANNING AND ZONING BOARD REGARDING THE
TIMBERLINE CENTER PROJECT DEVELOPMENT PLAN
WHEREAS, on December 8, 2005, the City's Planning and Zoning Board (the `Board")
approved the Timberline Center Project Development Plan No. 41-05A (the "Plan") but, in so
approving, denied the request for modification pertaining to Building Kl which, if granted, would
have authorized the construction of a convenience store with fuel sales at the location identified on
the Plan for Building Kl,which convenience store with fuel sales would be located closer than three-
quarters of a mile from other fueling stations; and
WHEREAS, on December 21, 2005, a Notice of Appeal of the Board's decision was filed
with the City Clerk by VF Ripley Associates, Inc. (by Linda Ripley) and by Timberline
Development, LLC, owner/developer(by Kris Fleischli) (the "Appellants"); and
WHEREAS,on December 29,2005,an Amended Notice of Appeal of the Board's decision
was filed with the City Clerk by the Appellants; and
WHEREAS, on February 7, 2006, the City Council, after notice given in accordance with
Chapter 2, Article 11, Division 3, of the City Code, considered said appeal,reviewed the record on
appeal, heard presentations from the Appellants and other parties-in-interest and, after discussion,
upheld the decision of the Board, and
WHEREAS,City Code Section 2-56(e)provides that no later than the date of its next regular
meeting after the hearing of an appeal, City Council shall adopt, by resolution, findings of fact in
support of its decision on the appeal.
NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that, pursuant to Section 2-56(e) of the City Code, the Council hereby makes the
following findings of fact and conclusions:
1. That the grounds for appeal as stated in the Appellants' Amended Notice of
Appeal conform to the requirements of Section 2-48 of the City Code.
2. That the Planning and Zoning Board held a fair hearing and did not fail to
receive all relevant evidence that was offered.
3. That the Planning and Zoning Board did not fail to properly interpret and
apply the provisions of the Land Use Code in denying the
Applicants/Appellants' request to modify the standard that prohibits the use
of Building Kl as a convenience retail store with fuel sales. The
establishment of a fueling operation at that location would be detrimental to
the public good since it would contribute to a proliferation of fueling stations
along Timberline Road which would be injurious to the aesthetics of the City
along that major arterial passageway and to the City's economic vitality,and,
contrary to Section 1.2.2(K) of the Land Use Code, would not foster a
rational pattern ofrelationship among residential,business and industrial uses
for the mutual benefit of all.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 21 st
day of February, A.D. 2006.
Mayor
ATTEST:
City Clerk