IBC DENVER II, LLC. v. City of Wheat Ridge, 183 P.3d 714 (Colo. Ct. App. 2008). · Go Syfert
IBC DENVER II, LLC. v. City of Wheat Ridge, 183 P.3d 714 (Colo. Ct. App. 2008). Cases Citing This Book View Copy Cite
38 citation events (38 in the last 25 years) across 1 distinct court.
Treatment trajectory · 2008 → 2026 · click a year to view as-of
2008 2017 2026
Top citers, strongest first. 32 distinct citers. How cited ↗
discussed Cited as authority (rule) Eaves v. Kilcullen (2×)
Colo. Ct. App. · 2026 · confidence medium
II, LLC v. City of Wheat Ridge, 183 P.3d 714, 717-18 (Colo. App. 2008) (appellant’s failure to challenge all reasons for the court’s decision requires affirmance).
discussed Cited as authority (rule) Peo in Interest of AC (2×) also: Cited "see"
Colo. Ct. App. · 2026 · confidence medium
II, LLC v. City of Wheat Ridge, 183 P.3d 714, 717-18 (Colo. App. 2008).
discussed Cited as authority (rule) Christiansen v. Christiansen
Colo. Ct. App. · 2026 · confidence medium
II, LLC v. City of Wheat Ridge, 183 P.3d 714, 717-18 (Colo. App. 2008) (when a lower tribunal gives more than one reason for a decision, an appellant must challenge each of those reasons on appeal). ¶ 18 But even if we looked to the merits of Kassidy’s arguments supporting dismissal, we would find no error because Beau didn’t carry his burden under the anti-SLAPP statute. 8 ¶ 19 Under the first step of anti-SLAPP analysis, Kassidy’s statements were made either (1) to prompt action by law enforcement or a child welfare agency (the statements to the police department, sheriff’s office,…
discussed Cited as authority (rule) Christiansen v. Caplan
Colo. Ct. App. · 2026 · confidence medium
II, LLC v. City of Wheat Ridge, 183 P.3d 714, 717-18 (Colo. App. 2008) (when a lower tribunal gives more than one reason for a decision, an appellant must challenge each of those reasons on appeal). 7 ¶ 14 But even if we looked to the merits of Caplan’s arguments supporting dismissal, we would find no error because Christiansen didn’t carry his burden under the anti-SLAPP statute. ¶ 15 Under the first step of anti-SLAPP analysis, Caplan’s statements were made either (1) to prompt action by law enforcement (the emails to the district attorney) or (2) as part of a judicial proceeding (th…
cited Cited as authority (rule) Vreeland v. Griffin
Colo. Ct. App. · 2026 · confidence medium
II, LLC v. City of Wheat Ridge, 183 P.3d 714, 716-17 (Colo. App. 2008).4 III.
discussed Cited as authority (rule) Peo in Interest of ZG
Colo. Ct. App. · 2026 · confidence medium
II, LLC v. City of Wheat Ridge, 183 P.3d 714, 717-18 (Colo. App. 2008) (if the tribunal gives multiple 4 reasons for its decision, the appellant must challenge each reason on appeal). ¶ 10 The judgment is therefore affirmed.
discussed Cited as authority (rule) US Electric v. QED
Colo. Ct. App. · 2025 · confidence medium
II, LLC v. City of Wheat Ridge, 183 P.3d 714, 717-18 (Colo. App. 2008) (when a lower tribunal gives more than one reason for a decision, each of which independently supports the judgment, the appellant must challenge each of those reasons on appeal). ¶ 20 But even if USEC had challenged the district court’s order on this ground, the record confirms that QED established its entitlement to summary judgment.
discussed Cited as authority (rule) White v. Peryam (2×) also: Cited "see"
Colo. Ct. App. · 2025 · confidence medium
II, LLC v. City of Wheat Ridge, 183 P.3d 714, 718 (Colo. App. 2008).
discussed Cited as authority (rule) Coronado-Arrascue v. Golka
Colo. Ct. App. · 2025 · confidence medium
See People v. Archer, 2022 COA 71 , ¶ 42 (“[W]hen a trial court gives several reasons for a decision, an appellant must challenge all of those reasons; failure to do so requires affirmance.” (citing IBC Denver II, LLC v. City of Wheat Ridge, 183 P.3d 714, 717-18 (Colo. App. 2008))). 4 ¶ 13 This court declines to address contentions that are unsupported by substantial argument.
discussed Cited as authority (rule) Peo v. Nunez-Guardado
Colo. Ct. App. · 2025 · signal: cf. · confidence medium
Cf. IBC Denver II, LLC v. City of Wheat Ridge, 183 P.3d 714, 717-718 (Colo. App. 2008) (appellant’s failure to challenge all reasons for district court’s decision requires affirmance). ¶9 The order is affirmed. 3 JUDGE HARRIS and JUDGE GROVE concur. 4
discussed Cited as authority (rule) Medina v. Trax
Colo. Ct. App. · 2024 · confidence medium
IBC Denver II, LLC v. City of Wheat Ridge, 183 P.3d 714, 717-18 (Colo. App. 2008). 2 Initially at least, Medina’s counsel objected not to the exhibit per se, but to Trax’s attorney telling the jury that prior counsel had referred Medina to a particular doctor after Medina’s treating physician didn’t diagnose him with neck or back problems.
cited Cited as authority (rule) ge Condominium Association, Inc. v. Lo Viento Blanco, LLC
Colo. Ct. App. · 2020 · confidence medium
Gagne v. Gagne, 2019 COA 42, ¶ 51 ; IBC Denver II, LLC v. City of Wheat Ridge, 183 P.3d 714, 719 (Colo. App. 2008). 12 (4) Drainage and erosion control.
discussed Cited as authority (rule) Gagne v. Gagne
Colo. Ct. App. · 2019 · confidence medium
See M.D.C./Wood, 866 P.2d at 1383-84 (the appellate court is bound by the trial court’s findings of fact unless those findings are clearly erroneous); IBC 36 Denver II, LLC v. City of Wheat Ridge, 183 P.3d 714, 719 (Colo. App. 2008) (it’s not the appellate court’s role to reweigh the evidence).17 III.
discussed Cited as authority (rule) Whitelaw, III v. Denver City Council
unknown court · 2017 · confidence medium
However, "[rjeview of a governmental body's decision pursuant to Rule 106(a)(4) requires an appellate court to review the decision of the governmental body itself rather than the district court's determination regarding the governmental body's decision." IBC Denver II, LLC v. City of Wheat Ridge, 183 P.3d 714, 717 (Colo.App.2008) (citation omitted).
discussed Cited as authority (rule) Battle North, LLC v. Sensible Housing Co.
Colo. Ct. App. · 2015 · confidence medium
Saint John's Church in the Wilderness v. Scott, 2012 COA 72 , ¶ 9 n.8, 296 P.3d 273 ("L Wle will not consider arguments raised for the first time in a reply brief."); IBC Denver II, LLC v. City of Wheat Ridge, 183 P.3d 714, 718 (Colo.App.2008) (same). { 42 Nonetheless, because certain of Sensible's arguments purport to challenge the court's subject matter jurisdiction to determine the validity of the quitclaim deeds, and its argument on the merits could be construed as having been subsumed in its arguments relating to the 1915 Stock Certificate, we will address Sensible's argument pertaining …
cited Cited as authority (rule) Meadow Homes Development Corp. v. Bowens
Colo. Ct. App. · 2009 · confidence medium
In any event, "we do not consider arguments raised on appeal for the first time in a reply brief." IBC Denver II, LLC v. City of Wheat Ridge, 183 P.3d 714, 718 (Colo.App.2008).
discussed Cited "see" Stough v. ICAO
Colo. Ct. App. · 2025 · signal: see · confidence high
See IBC Denver II, LLC v. City of Wheat Ridge, 183 P.3d 714, 718 (Colo. App. 2008) (declining to consider arguments raised for the first time in a reply brief). ¶ 18 We also need not address Stough’s dispute of Employer’s factual assertions in its answer brief that (1) Stough’s application to reopen the settlement was initially dismissed for failure to plead fraud with specificity, and (2) Stough’s fall caused her injuries.
discussed Cited "see" Peo in Interest of MNG
Colo. Ct. App. · 2025 · signal: see · confidence high
See IBC Denver II, LLC v. City of Wheat Ridge, 183 P.3d 714, 717-18 (Colo. App. 2008) (when a party doesn’t challenge all bases of a court’s ruling on appeal, the appellate court must affirm); see also C.R.C.P. 61 (“The court at every stage of the proceeding must disregard any error or defect in the proceeding which does not affect the substantial rights of the parties.”).
discussed Cited "see" Leventhal v. Jensen
Colo. Ct. App. · 2025 · signal: see · confidence high
See IBC Denver II, LLC v. City 35 of Wheat Ridge, 183 P.3d 714, 717-18 (Colo. App. 2008) (an appellant’s failure to challenge all bases for the lower court’s decision requires affirmance).
discussed Cited "see" RH Mining v. Summit County
Colo. Ct. App. · 2025 · signal: see · confidence high
See IBC Denver II, LLC v. City of Wheat Ridge, 183 P.3d 714, 718 (Colo. App. 2008). ¶ 21 RH Mining maintains that by striking the Building Setback Line argument in its amended reply brief, the district court “deliberately ignored a portion of the record” when conducting its judicial review.
discussed Cited "see" Swift v. McLean
Colo. Ct. App. · 2025 · signal: see · confidence high
See IBC Denver II, LLC v. City of Wheat Ridge, 183 P.3d 714, 717-18 (Colo. App. 2008) (when a lower tribunal gives more than one reason for a decision, an appellant must challenge all those reasons on appeal). ¶ 12 Third, contrary to Julie’s argument that the court should have advised her to sign the affidavit, courts can’t provide legal advice to litigants.
cited Cited "see" Marriage of Tumbarello
Colo. Ct. App. · 2025 · signal: see · confidence high
See IBC Denver II, LLC v. City of Wheat Ridge, 183 P.3d 714, 718 (Colo. App. 2008). 7 that the Tennyson property was marital property.
discussed Cited "see" Estate of Scott
Colo. Ct. App. · 2025 · signal: see · confidence high
See IBC Denver II, LLC v. City of Wheat Ridge, 183 P.3d 714, 717-18 (Colo. App. 2008) (an appellant’s failure to challenge all bases for the lower court’s decision requires affirmance). ¶ 18 Second, if the Scott children intend to challenge the district court’s application of claim preclusion, they didn’t preserve that challenge.
discussed Cited "see" Marriage of Dyar
Colo. Ct. App. · 2025 · signal: see · confidence high
See IBC Denver II, LLC v. City of Wheat Ridge, 183 P.3d 714, 717-18 (Colo. App. 2008) (where the court rules on multiple bases, the appellant’s failure to challenge all such bases on appeal requires us to affirm).
discussed Cited "see" GaNun v. Epic
Colo. Ct. App. · 2025 · signal: see · confidence high
See IBC Denver II, LLC v. City of Wheat Ridge, 183 P.3d 714, 717-18 (Colo. App. 2008) (when a district court gives more than one reason for a decision, an appellant must challenge all those reasons; failure to do so requires affirmance). ¶7 Second, again contrary to plaintiffs’ assertion, their negligence claim was expressly based on a duty allegedly created by the bylaws.
discussed Cited "see" GaNun v. Epic
Colo. Ct. App. · 2024 · signal: see · confidence high
See IBC Denver II, LLC v. City of Wheat Ridge, 183 P.3d 714, 717-18 (Colo. App. 2008) (when a district court gives more than one reason for a decision, an appellant must challenge all those reasons; failure to do so requires affirmance). ¶7 Second, again contrary to plaintiffs’ assertion, their negligence claim was expressly based on a duty allegedly created by the bylaws.
discussed Cited "see" Puca v. Peterson
Colo. Ct. App. · 2024 · signal: see · confidence high
See IBC Denver II, LLC v. City of Wheat Ridge, 183 P.3d 714, 717-18 (Colo. App. 2008) (when a district court gives more than one reason for a decision, an appellant must challenge all those reasons).
cited Cited "see" Velgersdyk v. Thompson Crossing
Colo. Ct. App. · 2024 · signal: see · confidence high
See IBC Denver II, LLC v. City of Wheat Ridge, 183 P.3d 714, 719 (Colo. App. 2008). ¶ 46 The record supports the finding that the HOA was unaware that Trembley relocated his sump pump drain.
discussed Cited "see" People v. Ashford Nathaniel Archer
Colo. Ct. App. · 2022 · signal: see · confidence high
See IBC Denver II, LLC v. City of Wheat Ridge, 183 P.3d 714, 717-18 (Colo. App. 2008) (when a trial court gives several reasons for a decision, an appellant must challenge all of those reasons; failure to do so requires affirmance).
discussed Cited "see" v. Delta Air Lines, Inc
Colo. Ct. App. · 2019 · signal: see · confidence high
See IBC Denver II, LLC v. City of Wheat Ridge, 183 P.3d 714, 717-18 (Colo. App. 2008) (holding that a party’s failure on appeal to challenge all alternative grounds for judgment requires affirmance of the judgment). ¶ 80 In any event, the record abundantly supports the court’s order.
discussed Cited "see" Lawson v. Stow
Colo. Ct. App. · 2014 · signal: see · confidence high
See IBC Denver II, LLC v. City of Wheat Ridge, 183 P.3d 714, 717-18 (Colo.App.2008) (a party's failure on appeal to challenge all alternative grounds for judgment requires affirmance of the judgment); Castillo v. Koppes-Conway, 148 P.3d 289, 291-92 (Colo.App.2006) (appellate court will not consider a conclusory assertion of error unaccompanied by a cogent argument).
cited Cited "see" Kruse v. Town of Castle Rock
Colo. Ct. App. · 2008 · signal: see · confidence high
III, § 3-3(a); see cf. IBC Denver II v. City of Wheat Ridge, 183 P.3d 714, 718-19 (Colo.App.2008).
Retrieving the full opinion text from the archive…
IBC DENVER II, LLC, a Delaware Limited Liability Company, Plaintiff-Appellant,
v.
CITY OF WHEAT RIDGE, a Colorado Municipal Corporation, and City Council of the City of Wheat Ridge, Defendants-Appellees
06CA2534.
Colorado Court of Appeals.
Apr 3, 2008.
183 P.3d 714
Brownstein Hyatt Farber Shreck, P.C., Wayne F. Forman, Mark J. Mathews, Vieto-ria 0. Williams, Denver, Colorado, for Plaintiff-Appellant., Light, Harrington & Dawes, P.C., Steven J. Dawes, Sophia H. Tsai, Denver, Colorado, for Defendants-Appellees.
J. Jones.
Cited by 189 opinions  |  Published

Opinion by

Judge J. JONES.

In this C.R.C.P. 106(a)(4) proceeding, IBC Denver II, LLC (IBC) appeals from the district court's judgment affirming the City of Wheat Ridge City Council's denial of its application for rezoning. We affirm.

I. Background

IBC owns a 14.58-acre parcel of land located in Wheat Ridge, Colorado (the property). The property is the former site of the Jolly Rancher candy manufacturing plant, which ceased operations in 2002. IBC purchased the property and tore down all but one of the buildings on the site. The property is currently zoned "Planned Industrial Development (PID) and Industrial (D," and is so reflected in the Wheat Ridge Comprehensive Plan and on Wheat Ridge's official zoning map.

IBC seeks to redevelop the property in a manner not permitted by the Planned Industrial Development and Industrial zoning classifications. Specifically, IBC proposes a three-phase redevelopment plan: Phase I contemplates construction of six office/warehouse buildings and renovation of the lone existing building on the property; Phases II and III are less well defined, but IBC anticipates they would involve commercial and retail development.

Following extensive interaction - with Wheat Ridge's Community Development Department staff, as well as neighborhood meetings, IBC submitted three applications to the Wheat Ridge Planning Department. As relevant here, the first sought a change of the zoning classification of the property to "Planned Mixed Use District." The Wheat Ridge Planning Commission held two public hearings on IBC's applications. At the conclusion of the second public hearing, the Planning Commission recommended approval of IBC's applications, subject to several conditions.

The Wheat Ridge City Council held a public hearing on IBC's applications. At the conclusion of the hearing, the City Council voted, by a count of six to one, to deny IBC's application for rezoning for a variety of reasons. Subsequently, the City Council issued a written decision containing findings. Therein, the City Council stated that it denied IBC's rezoning application for essential-Ty four reasons: (1) the character of the area had not changed; (2) the proposed development was inconsistent with policies of the Comprehensive Plan in various particulars; (8) the proposed development would create excessive traffic congestion; and (4) the proposed development would create drainage problems.

IBC timely commenced this action in Jefferson County District Court. The district court entered a written order affirming the Wheat Ridge City Council's denial of IBC's rezoning application, concluding that competent evidence supported several of the City Council's findings. (The district court did not address all of the City Council's reasons for denying the application.) IBC appeals.

II. Discussion

On appeal, IBC raises essentially two arguments. First, IBC contends the City Council's reasons for denying the rezoning application which the district court addressed are not supported by competent evidence. Second, IBC contends the reasons given by the City Council were pretexts for its "real reason"-to delay redevelopment of the property until it could adopt trangit-oriented development requirements in response to the likely placement of a light-rail station near the property, requirements which IBC's proposed development would not fully satisfy.

We conclude that the City Council's decision must be affirmed because IBC's opening[*717] brief does not address all of the reasons the City Council denied the rezoning application, any one of which is sufficient to support the denial. Alternatively, we conclude that the City Council's decision is supported by competent evidence, and we decline IBC's invitation to find that notwithstanding the existence of legitimate reasons for the denial, the City Council had an improper motive.

A. Standard of Review

"Review of a governmental body's decision pursuant to Rule 106(a)(4) requires an appellate court to review the decision of the governmental body itself rather than the district court's determination regarding the governmental body's decision." Bd. of County Comm'rs v. O'Dell, 920 P.2d 48, 50 (Colo.1996). Accordingly, "(olur review is based solely on the record that was before the [governmental body], and the decision must be affirmed unless there is no competent evidence in the record to support it ...." City & County of Denver v. Bd. of Adjustment, 55 P.3d 252, 254 (Colo.App.2002); accord O'Dell, 920 P.2d at 50. "'No competent evidence' means that the governmental body's decision is 'so devoid of evidentiary support that it can only be explained as an arbitrary and capricious exercise of authority'" O'Dell, 920 P.2d at 50 (quoting in part Ross v. Fire & Police Pension Ass'n, 713 P.2d 1304, 1309 (Colo.1986)).

In the case of a zoning proceeding, a court is not the fact finder and may not substitute its own judgment for that of a zoning board where competent evidence exists to support the zoning board's findings.... The role of a reviewing court in a challenge to a zoning board's decision "is not and should not be to sit as a zoning board of appeals." _... Thus, courts should not interfere with the decision of the zoning authorities absent a clear abuse of discretion.

O'Dell, 920 P.2d at 50 (citations omitted) (quoting in part Sundance Hills Homeowners Ass'n v. Bd. of County Comm'rs, 188 Colo. 321, 328, 534 P.2d 1212, 1216 (1975)); see also Coleman v. Gormley, 748 P.2d 361, 364 (Colo.App.1987). "The burden is on the party challenging [a governmental body's] action to overcome the presumption that the [governmental body's] acts were proper." City & County of Denver, 55 P.3d at 254.

B. Reasons for Denial Unchallenged in IBC's Opening Brief

The City argues in its answer brief that the City Council's decision must be affirmed because IBC did not challenge all the reasons for the decision in its opening brief. We agree.

IBC's opening brief challenges only those reasons for denial of its rezoning application that were addressed by the district court. The district court, however, did not address the City Council's findings that the proposed development is inconsistent with two policies of the Comprehensive Plan, specifically, allowing industrial uses that are self-contained, with no visible outdoor storage; and setting out the desired character and attributes of Planned Business/Industrial Parks.

As noted, in a Rule 106(a)(4) proceeding, this court reviews the decision of the governmental body, not the decision of the district court. See O'Dell, 920 P.2d at 50; City & County of Denver, 55 at 254. "The question is not whether there is evidence to support the [district court's] conclusions in this matter. Rather, the question is whether there is competent evidence to support the [governmental body's] conclusions regarding [the] application." O'Dell, 920 P.2d at 52.

It follows that because the City Council articulated several reasons for denying the rezoning application, and any one of the reasons is sufficient to support the denial, see Wheat Ridge Code of Laws § 26.112.D (2005), it was incumbent on IBC, as the party bearing the burden of establishing that the City Council's action was improper, see City & County of Denver, 55 P.3d at 254, to challenge each of the City Council's reasons in this court. See, eg., Gamber v. Missouri Dep't of Health & Senior Servs., 225 S.W.3d 470, 476 (Mo.Ct.App.2007); Gonzales v. Lopes, 132 N.M. 558, 52 P.3d 418, 425 (App.2002); Sloan v. Dep't of Transp., 365 S.C. 299, 618 S.E.2d 876, 880 (2005); Hong Kong Dev., Inc. v. Nguyen, 229 S.W.3d 415, 456 (Tex.App.2007); cf. Foxley v. Foxley, 939 P.2d 455, 458-59 (Colo.App.1996) (appellant's[*718] failure to challenge one of two alternative bases for dismissal of claims required affir-mance of dismissal); Blinder, Robinson & Co., Inc. v. Alzado, 713 P.2d 1314, 1319 (Colo.App.1985) (where appellant joined in co-appellant's brief, but co-appellant's brief did not address basis for judgment against appellant, appellant's appeal deemed abandoned), aff'd in part and rev'd in part on other grounds, 752 P.2d 544 (Colo.1988).

While IBC's reply brief addresses the additional reasons for the City Council's denial of its rezoning application not addressed in its opening brief, we do not consider arguments raised on appeal for the first time in a reply brief. Schempp v. Lucre Management Group, LLC, 75 P.3d 1157, 1164-65 (Colo.App.2003); Foxley, 939 P.2d at 459. Accordingly, we must affirm the City Council's decision.

C. Competent Evidence Supports the City Council's Findings

1. No Change in the Character of the Area

Under Wheat Ridge Code of Laws § 26.112.D, an application for rezoning must demonstrate, as a threshold matter, either that the existing zoning classification shown on the official zoning map is erroneous or that "[a] change in character of the area has occurred due to installation of public facilities, other zone changes, new growth trends, deterioration, or development transitions." See also King's Mill Homeowners Ass'n, Inc. v. City of Westminster, 192 Colo. 305, 310-11, 557 P.2d 1186, 1190 (1976). IBC did not claim that there is an error on the official zoning map, and on appeal contends only that competent evidence does not support the City Council's finding that there has not been a change in the character of the area.

We observe initially that it is questionable whether IBC preserved this issue for review, as the record of the proceedings before the municipality does not show that IBC argued that there has been a change in the character of the area. Nonetheless, we conclude IBC's arguments on appeal are without merit.

IBC contends that the mere fact the Jolly Rancher factory has closed establishes a change in the character of the area. We disagree.

At least where, as here, the property in question is located in the midst of a developed area, it strains reason to suggest a property owner can foree a rezoning based on a change in the character of the area merely by ceasing operations or destroying buildings on its property. The relevant area will typically extend beyond the property at issue, and the rezoning ordinance applicable in this case makes clear that the relevant "area" includes some area around the property as to which rezoning is sought. The City Council apparently interpreted the term in that manner, and we defer to its interpretation. Coleman, 748 P.2d at 368 (the determination of the relevant "neighborhood" is a question of fact for the rezoning board, not the court); see Regents of Univ. of Colo. v. City & County of Denver, 929 P.2d 58, 61 (Colo.App.1996) (court would defer to city agency's interpretation of its own rules). Thus, while a change in character of the subject property may have some bearing on whether the character of the area in which it is located has changed, the City Council was entitled to consider whether the character of the area surrounding the property had changed. The record contains no evidence of such a change.

Bassani v. Bd. of Comm'rs, 70 Wash.App. 389, 853 P.2d 945 (1993), on which TBC relies, does not support IBC's position. In that case, the evidence showed substantial change in the character of both the subject property and the general area around the subject property. Id. at 949. In this case, in contrast, IBC made no showing of change to the surrounding area.

IBC also contends the City Council's finding is not supported by competent evidence because the City Council erroneously relied on the conclusion of the planning staff that "there has been no recent change in the character of the area." A rezoning authority, however, may rely on conclusions of the professionals charged with assessing rezoning applications. See Hawkes v. Town Plan & Zoning Comm'n, 156 Conn. 207, 240 A.2d 914, 917 (1968) (zoning commission relied on information provided by town planner and[*719] engineer); Russo v. Stevens, 7 A.D.2d 575, 184 N.Y.S.2d 989, 991-92 (1959) (zoning board relied on reports by various city departments). - See generally 8A Eugene McQuillin, The Law of Municipal Corporations § 25.266 (38d ed.2008). IBC cites no authority to the contrary. Nor has it escaped our notice that IBC contends that with respect to other reasons the City Council gave for its decision, the City Council abused its discretion in not relying on staff conclusions or recommendations and opinions of other government officials.

Further, IBC's argument in this regard fundamentally misapprehends the applicable burden of proof. As noted, IBC had the burden of demonstrating change in the area's character; the City Council was not required to show that the character of the area had not changed. Therefore, so long as the City Council could reasonably have determined that IBC had not presented sufficient evidence of a change in the character of the area, it does not matter whether there was affirmative evidence that the character of the area had not changed. Based on our review of the record, we conclude that the City Council could reasonably have found that IBC did not carry its burden of proof.

In sum, competent evidence in the record supports the City Council's finding that the character of the area around the property had not changed. Because IBC was required to establish such a change (among other things) to obtain a rezoning of the property, we must affirm the City Council's denial of IBC's rezoning application.

2. Other Challenges to the City Council's Findings

In light of our conclusion upholding the City Council's finding that there had been no change in the character of the area, we need not address IBC's challenges to the City Council's other findings. In any event, based on our review of the record, we conclude those findings are supported by competent evidence. IBC's arguments to the contrary essentially ask us to reweigh the evidence, which is not our role. O'Dell, 920 P.2d at 50.

D. Reliance on Uncodified Transit, Oriented Development Requirements

Last, IBC contends we should reverse the City Council's decision because the "real reason" it denied the rezoning application was because it wanted to delay development of the project until it enacted "transit-oriented development" requirements in response to the Regional Transportation Dis-triect's indication it intends to place a light-rail station near the property. We are not persuaded.

IBC relies on cases which hold that where a development plan meets all of the zoning requirements, a governmental body may not prevent the development by relying on extraneous considerations. See, eg., Cherry Hills Resort Dev. Co. v. City of Cherry Hills Village, 790 P.2d 827, 832 (Colo.1990); Sherman v. City of Colorado Springs Planning Comm'n, (68 P.2d 292, 296-97 (Colo.1988); Bauer v. City of Wheat Ridge, 182 Colo. 324, 326-27, 513 P.2d 203, 204 (1973); see also § 24-68-102.5(1), C.R.S.2007. - Here, however, IBC's development plan did not meet all of the zoning requirements. Indeed, IBC conceded it could not proceed with its development plan unless the property was rezoned, and sought such a rezoning. As discussed above, competent evidence in the record supports the City Council's reasons for denying rezoning, and the City Council made its findings pursuant to codified standards.

The case on which IBC relies primarily, National Amusements, Inc. v. City of Boston, 29 Mass.App.Ct. 305, 560 N.E.2d 138 (1990), is clearly distinguishable. In that case, the municipality had not engaged in any analysis of land use planning considerations in rezoning a particular parcel. Id. at 141-42. Here, the City Council and the planning staff engaged in extensive analysis of such considerations.

We acknowledge that there was some discussion of the impact of the anticipated light-rail station and the need to plan for that impact before the City Council voted to deny IBC's rezoning application. We also acknowledge that the City Council subsequently adopted a new plan governing the area[*720] surrounding the property in the northwest portion of the city. However, the record does not show that the reasons given by the City Council for denying IBC's rezoning application were mere "fig leaves" to cover its supposed "real reason." And, given that the City Council's stated reasons are supported by competent evidence, we will not attempt to read the collective mind of the City Council to determine whether its members were motivated by improper considerations. See Huneke v. Glaspy, 155 Colo. 593, 595-99, 396 P.2d 453, 455-57 (1964) (district court erred in determining that city council's rezoning decision was not adopted to promote any of the purposes of the zoning ordinance where evidence in the record supported the decision); McQuillin § 25.278.10, at 487-98.

The judgment is affirmed.

Judge ROY and Judge GRAHAM concur.