Ark Valley News - Owner of proposed truck stop sues

Owner of proposed truck stop sues
By Taylor Messick
Last Updated: February 18, 2021

Park City is being sued by L&P Properties over the denial of a proposed truck stop at the northwest corner of 85th North and I-135. Lou Robelli owns about 18.6 acres of land at the intersection and is asking the court to overturn city council's decision to deny a rezoning.

The suit states that L&P is challenging the "lawfulness and reasonableness" of the Park City council's Nov. 10 decision to deny a zone change from commercial to industrial. The Park City Planning Commission approved the rezoning with a 6-1 vote Oct. 26. The city council voted 5-4 to deny the zoning change Nov. 10 and afterwards voted 6-3 in favor of killing the request so it would not go back to the planning commission. The decision was made after hours of testimony and pleading from residents of Saddlebrook, Bear Hill and other surrounding neighborhoods who were concerned about crime, pollution and property values.

L&P had 30 days to appeal the decision to district court and the suit was filed on Dec. 10. It states that the property owner has been aggrieved by the council's decision and accuses the city council of failing in five different respects to the process.

The suit first claims the council did not reasonably utilize the recommendations of the zoning administrator. Acting zoning administrator Russ Ewy presented his findings Nov. 10 and recommended approval of the rezoning with a protective overlay that specified ways in which the property would be screened from surrounding properties. He stated that in his experience, this type of use would be acceptable in commercial zones in most areas. The only aspect of the business Park City considers industrial is overnight truck parking and Ewy said that is considered a commercial use in most places.

The suit claims Park City openly disagreed with and disputed the findings and conclusions of the zoning administrator without a factual basis. Both the zoning administrator and the council commented extensively on the "17 findings" used by Ewy to recommend whether this zoning change would fit the piece of land in question. Most of the comments from both sides stemmed from a difference of opinion and Ewy stated that many of these "findings" are really just opinions.

L&P said the city's assertion that other property Robelli owns could be used as a potential site for the business was unreasonable. Robelli owns land near 101st North and I-135 and several comments were made that he should build the truck stop there. It was also stated that there are not sufficient utilities for this business at 101st North and it would cost about $3 million to extend utilities there.

Another claim by Robelli is that the city did not reasonably consider how a protective overlay district could mitigate detrimental effects on the surrounding communities. The planning commission asked extensive questions and spent considerable time setting the guidelines for the protective overlay district on Oct. 26.

Robelli also claims that the city did not reasonably consider whether the zoning change would be in conformity with Park City's existing comprehensive plan, existing zoning and nearby developments. Council member John Lehnherr emphasized that the city's comprehensive plan forbids zoning properties that border residential areas for industrial use. However, there wasn't much discussion about the way a truck stop would fit in with the continuing warehouse development along the corridor.

The final claim in the suit is that the decision was made "based on impermissible plebiscite and public sentiment expressed by a vocal group of residents in the surrounding area and not based on consideration of the benefit or detriment involved to the community at large."

The cutoff date for discovery in this case is April 16. The dispositive motion deadline is May 14 and the dispositive motion hearing is set for Aug. 10.