Agenda Item Title:
Title
Appeal to Review Alleged Error of the Planning Commission Interpretation of the Term “Mixed Use Development”
10165 South 1300 East
[Community #17, Willow Canyon]
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Presenter:
Melissa Anderson, Zoning Administrator
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Description/Background:
The appellant, Wade Budge of Snell & Wilmer, LLP (representing the property owner Magna Investment & Development, LTD), has requested the review of an alleged error in the Planning Commission’s decision on the interpretation of the term “Mixed Use Development” as shown in the Appellant’s Application Materials (see the attached Exhibit “A”). The interpretation of “mixed use development” is applied in the context of a conditional use permit application for the property located at 10165 S. 1300 E.
See the attached staff report, references and exhibits for full details.
Recommended Action and/or Suggested Motion:
Recommendation
The applicant has not met their burden of proving that the Planning Commission decision was so unreasonable as to be arbitrary and capricious. As stated in the ordinance cited, the appellant bears the burden of proving that the land use authority erred. It is not enough to show that one could reasonably reach a different conclusion on the facts if there is a reasonable basis for the decision reached by the Planning Commission.
Based upon the foregoing the Board of Adjustment should conclude that the Planning Commission did not err in making their determination that the applicant’s proposed project does not meet the definitional standard of a “mixed-use development” as outlined in the Land Development Code, and adopt the following findings:
Findings:
1. The record of this decision is sufficient and not deficient as demonstrated in the referenced staff reports and associated exhibits and other information in the record; therefore, this matter can be reviewed on the record, and not de novo.
2. The appellants have not shown that there was n...
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