Andrea Barlow, NES, representing the applicant, identified the location,
neighborhood concerns, area history, project description, site plan,
landscape plan, site operations, typical elevations, and neighborhood
compatibility. She went over traffic generation, traffic safety, photometric
plan, site lighting fixtures, and fencing, environmental concerns, and
Development Plan review criteria.
Councilmember Henjum asked what the differences are between
commercial zoning and mixed-use zoning. Ms. Barlow stated in the
original PBC zoning, only commercial uses were allowed, and the MX-M
zoning allows multi-family residential.
President Pro Tem Risley asked what other land uses would make
sense at two large arterial thoroughfares. Ms. Barlow stated it was
intended for commercial use such as a gas station, multi-family
residential, or car wash.
President Pro Tem Risley asked if this site would be a good location for
open space or a park. Mr. Barlow stated it would not be due to the
proximity to two major arterial roads.
Councilmember Donelson asked if there was residential across the
street from this property. Ms. Barlow confirmed there is residential on
the south side of Old Ranch Road.
Councilmember Donelson asked if there would be direct access to the
property from the large arterial roads. Ms. Barlow stated there would be
no access from Old Ranch Road or Powers Boulevard.
President Pro Tem Risley asked if some of the other uses by right
allowed for this type of property include adult entertainment, bars,
hotels, restaurants, stadiums, construction sales, marijuana sales, and
transit station. Ms. Barlow confirmed they are permitted but may trigger
additional improvements to the property.
President Pro Tem Risley asked if this use was denied and it is a use by
right, if it could be considered a taking. Ms. Barlow stated it would
depend on the basis for the denial but potentially could be considered a
taking. Ben Bolinger, Legislative Counsel, City Attorney’s Office stated
the denial of a permitted use is not a taking because as a Home Rule
City, the City can set its own means and methods for reviewing
permitted uses.