HomeMy WebLinkAbout2006-019-02/21/2006-MAKING FINDINGS OF FACT AND CONCLUSIONS PERTAINING TO THE APPEAL OF THE DETERMINATION OF THE PLANNIN 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 II, 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.
Mayo ,
ATTEST:
City Clerk