Open Space Bonding for Midway City?

Public Hearing Wednesday Night

by Robin Johnson

Over the last twenty five years many Midway residents have consistently expressed a desire to preserve open space. For some open space means pastures with grazing cows or horses, hay fields or other crops, and keeping a rural, agricultural look and feel. For others it means public parks as gathering areas for community or family events and recreation, public trails, public gardens, wetlands and sensitive lands protection, and wildlife preserves.   

Midway City will hold a public hearing about bonding for open space Wednesday, June 28 at 6:00 pm at the Midway Community Center. Brad Wilson, city recorder, will present information on open space bonding before the public hearing. Following the public hearing the city council will discuss possibilities for the city to bond for open space.

Photograph taken from the top of Memorial Hill in the early 1980's
by Lynn W Johnson

In 2016 Midway City did a survey on pertinent issues regarding the five year general plan revision required by state code. Survey results regarding open space showed 88 percent of 483 responders feel it is very important to preserve open space. Just over ten percent of Midway’s population participated in the survey. This leaves quite a large silent majority. Midway City is interested in all opinions regarding the issue of bonding for open space. There will be time constraints for the hearing, but all are welcome to submit emails and letters to the city which will be forwarded to all city council members.

Within the last year Pure Midway, a 501c3 non-profit group dedicated to smart growth and preserving open space, formed. They have had an active presence in public hearings and toward land use issues in Midway City. Their goal is to get an open space bond on the ballot so voters can decide if they want to pay for the bond through increased taxes.

Midway’s northern neighbor, Park City, is one of Utah’s leaders in preserving open space. Park City has bonded four times in the last 25 years preserving a total of about 8,000 acres. The most recent vote was last year when voters passed a $25 million bond toward the $38 million needed to save Bonanza Flats, the largest open meadow left in the Wasatch Range. This spring Midway City voted to donate $10,000 toward the purchase price of Bonanza Flats; located above Pine Canyon between Midway and Park City the area effects Midway’s watershed.

Photograph taken from Memorial Hill looking toward Deer Creek Reservoir
and Provo Canyon in the early 2000's by Robin M Johnson

Land use laws differ from state to state which impacts how open space preservation is managed. Some states govern land use on a state level, while others govern on a local level. Utah’s land use laws are governed locally. Utah’s methods for preserving open space are conservation easements and municipal bonding which are decided by the local legislative body, in Midway's case the city council.

In the last 20 years Midway has bonded twice. First for the reconstruction of Burgi Lane in 2000 for $1.4 million, the bond was paid in full in 2011. The second bond was for land acquisition to increase the size of Midway City cemetery in 2002 for $600,000, the bond will mature in 2023. 

Since these bonds were taken out and the impact of paying them back was felt while other infrastructure needed attention, city leaders decided a better approach would be pay as you go rather than to keep bonding and perpetuating debt. In 2006 Midway City included as part of its mission statement to be a fiscally responsible community.  The city’s goal is to budget for city infrastructure costs rather than bond.

If a government entity decides to bond, reasons for bonding include it raises a significant amount of money, present and future users and taxpayers repay the debt, with lower or no interest rates it is a cheaper form of debt, and it is tax exempt when purchased in state or from other states that are also tax exempt.  

Wilson’s bonding presentation will cover sources for bonds, types of bonds and what each is typically used for, which type is best for open space, the process for putting a bond referdum on the ballot, limitations to bonds, and how the debt limit allowed is determined. Other things to consider are cost to the city, interest rate which is currently +/-3.5 percent, and the other potential tax burdens facing Midway citizens which are Wasatch County bonding for the North Fields, loss of the Resort Communities Tax in 2020, and property tax increases related to the proposed C-4 zone.

Regarding open space Wilson’s presentation will address things to consider: What property will be preserved? What criteria will be used to decide? Who will make the decision? What will be purchased, the property, the development rights, or the density? What will the open space be used for, parks, wildlife habitat, agriculture or something else? Who will maintain the property?

Now is the time to become informed on open space bonding and make your voice heard.

What Will Happen South of Memorial Hill?

Moratorium Begins with C-4 Hanging in the Air

by Robin M Johnson

Two new development applications were filed for the same property south of Memorial Hill being considered for the proposed C-4 Zone. Michael Henke, city planner, told the city council at a work meeting held last Wednesday, June 14 at 5:00 pm about the applications. The documents were given an official city stamp on July 13. If the proposed developments meet the current C-2 zoning they have a vested right to begin moving through the city legislative process. Should these applications pass the C-4 zone will be a non issue.

Discussion on the C-4 code text amendment and the C-4 rezone went ahead as planned for about 45 minutes. Karl Dodge, council member, was not present due to a conflict of interest, and Lisa Christen, council member, participated in the meeting over cell phone.

Henke said more letters and emails regarding the C-4 zone arrived to the city offices. All were forwarded to council members by Brad Wilson, city recorder. Henke said the big message he took out of all public comment received is that many residents want to keep the field as open space rather than having the field developed under C-2 or C-4 zoning. However the property's current C-2 zoning allows for Mixed Use commercial and residential so leaving the field open is not very likely.

On the council's regular meeting agenda held following the C-4 work meeting the city council enacted a six month moratorium. Originally the moratorium was proposed for residential only zones. Citizens asked for the Mixed Use zoning, including both commercial and residential, also be included in the moratorium. 

Henke said, "The planning commission proposed a moratorium that would not include the commercial zone, but staff is saying that we should include large scale Mixed Use as part of the moratorium. We have received applications that beat the moratorium deadline (June 15) for development in the C-2 and R-1-11 zones."

He said the proposals include about 19 of the 20 acres being considered for the C-4 zone. About three quarters of the proposal are for a large scale Mixed Use, commercial and residential, development. The other one quarter of the proposal is residential only. Henke had not had time to read or study the proposals.

Colleen Bonner, mayor, opened discussion of the proposed C-4 zone. Items of interest examined from the code by the council include density, allowed uses, height, open space, required amenities to earn points for more residential units within the development, and parking.

Property south of Memorial Hill and north of Main Street.
Photo taken from the lower road on Memorial Hill in October 2016

Bonner said, “I think one of the big things is density so we probably ought to tackle density before we even move on. Do we think 30 units per acre is too many?”

Henke said the way the current city code is written with the required parking, setbacks, and density, only about 14 units can fit on one acre in the current C-2 zone with a height limit of 35 feet or two stories.

Density at 30 units per acre was determined by the council members to be too high. Ken Van Wagoner, council member, suggested, “At least 12 to 15, it’s realistic. Why do we put something in that’s not realistic?”

Henke said, “With the C-2 zone your density is based per acre. The C-4 zone the way code is written is based off of the master plan. So you could actually have an acre with more units because there is the ability to move those units within the master plan; you would receive an overall number of units ”for the whole development that could be moved around. The number could be dropped down from 30 units per acre to 20 units per acre or even less.”

After further discussion the council concluded 20 units per acre would be a better fit in the C-4 zone. In addition to the fact that a given acre could have more than 20 units by moving some units off of another acre, the number of units on a given acre could also increase by adding density from open space outside the C-4 zone. Therefore some acres would have less than 20 units while others may have much more than twenty units. 

Uses for the C-4 started with the list from C-2, each use was looked at to determine how well it would fit in a pedestrian friendly development. Henke said the planning commission removed uses from the C-2 list that were better accessed by car and/or that took up too much space, such as new and used car sales.

Uses in the proposed C-4 zone lend themselves to a walkable area, such as restaurants, boutiques and art or crafts galleries. Mixed Use is conditional so the city would have the ability to put conditions on the developer, restaurants or cafes are permitted and if the application meets city code it can develop. The council agreed the proposed uses were a good fit for the C-4 zone and offered a couple of 

suggestions for pedestrian friendly uses.

Height allowance is tiered in the proposed C-4 ranging from 35 feet on the perimeter and 55 feet in the center. Henke said the idea of the tiered system was to have the feel of an actual European type plaza … “when you look at the different areas in France, or in northern Europe with plazas, usually they’ve got about four stories around them. So the idea is to try to mirror that image yet try to mitigate the height so as you look at that from outside of the zone.”

The council decided 55 feet was way too high. They first discussed dropping the height to 45, then moved to allowing even less. Bonner said, “We all agree that 55 is too high, 45 is pushing it, so somewhere between 45 and 35. Is what I’m kind of hearing?” The council agreed not to make a firm decision although they leaned toward 35 feet. They agreed to think about what would be best and discuss it later.

Henke asked if they would want to drop the number of stories as well, to allow for pitched rather than a flat roof. The council agreed a pitched roof is better than a flat roof for two reasons. One was to avoid using the flat roof of a parking terrace as an extra parking level. The other was a pitched roof would give more of a European feel to the area.

The current proposal does not limit building size. However Henke told the council a pitched roof would limit how wide the buildings can be in order to fit the pitched roof within the height limit. 

Open space for a one acre plaza is the only required open space on the proposed twenty acres. Open space is one of the amenities a developer can use to earn points for more residential units. Much of that trading would be for open space offsite in other parts of town. Bonner said, “I would think we would want to encourage some onsite open space. More than just the plaza … I don’t know how we make that work so that it still had that walkable, but it still had that open feeling. I don’t know how you get the best of both worlds.”

Parking was addressed next. Wes Johnson, city engineer, said, “One of the things that I think has a big impact on this is the required parking. We have one vehicle per unit.”

Van Wagoner said, “The state average is 2.3 (parking spaces per unit) and I mean, how many of us here only have one vehicle? Let’s be realistic, most of us are even over two. I think the parking definitely would have to be addressed because I don’t want ... cars being parked out on the street in front of neighbors houses … if they are going to have it, they need to have the parking on site.”

The council agreed one per unit is not enough, but it is a struggle to find a good balance between not enough parking and too much.  

At this point in the discussion Corbin Gordon, city attorney, offered an observation, "You’ve currently got two people that have come in and applied under the C-2 zone. And they are going to be choosing  between the C-2 and the C-4, but they’re already vested under C-2. The C-4 zone was designed, I think,, to motivate people, and right now you are basically saying your density is 20 which is the same as C-2, your height is 35, which is the same as C-2, and by the way, you’ve got to put in amenities and open space if you come in under C-4, then there’s your parking. No one’s going to chose that. So the discussion, it seems to me, is a waste of time.”

The council then considered focusing on removing unwanted uses in the C-2 zone from the code and leaving the incentive based amenities idea and the proposed C-4 zone behind. The idea was discussed but the council decided to wait and see what happens with the two new C-2 development proposals. Motions were made to table both the text code amendment and the rezone. Bonner encouraged council members to think about all the issues discussed for a future work meeting. 

One of Heber Valley's Crown Jewels

Memorial Hill View Corridor

by Robin Johnson

Public sentiment in respect of Memorial Hill and what it represents to the citizens of Midway is one of the big concerns expressed in public meetings and on social media. Even citizens who are not against the C-4 proposal express concern for keeping the Memorial Hill central to Midway.

Two perspectives on the view corridors of Memorial Hill are represented in the comments. Some are worried about the view from the top of the hill looking down on hundreds of residential and dozens of businesses within twenty acres, especially adding in the large parking lots or high rise parking buildings needed for the area while others are concerned about the loss of viewing the hill itself whether walking or driving through Midway due to height allowances for building two to four stories high. Additionally some of the buildings will likely qualify for an additional ‘decorative feature’ height allowance, for example a clock tower, to make the buildings appear more Swiss European.

When citizens first began posting on social media about their concerns with the C-4 zone, besides losing views of Memorial Hill and views from the top of the hill, citizens were concerned at losing the annual 4^th of July fireworks show traditionally set off from the top of Memorial Hill as currently presented. C-4 currently proposes 30 units per acre, due to the high number of proposed building that could catch on fire from the size of fireworks that are shot from the hill now, the size would need to be substantially reduced when the property is developed.

During the council’s May 24^th public hearing Michael Henke, city planner, made comments about Memorial Hill and public comments followed.

In a power point presentation Henke showed a picture of the six parcels of property south of Memorial Hill being considered for inclusion in the proposed C-4 zone. He said, “This is a picture of that area … this is looking over that property.  …  As a city we’ve enjoyed this property for quite some time.” Henke also said that he believes many people think of this property as fields, and not as a commercial district which about three quarters of the property is currently zoned.

“We have a very nice view of Memorial Hill right now off of Main Street, with our current zoning if a building is built up to the sidewalk, or two feet from the sidewalk, that view would be lost right now … that’s difficult for everybody to understand and to accept, but if you stand in front of Midway Automotive and you look at Memorial Hill, you really can’t see any of Memorial Hill because the building completely blocks it from Main Street already.”

Midway Automotive is built to the current code height of 35 feet. Henke said, “That’s what the current zoning allows and that’s what’s allowed in any residential district, is 35 feet. So we have tried to make sure that the visual impact is mitigated for those who live in the area.”

Height allowances increase gradually in the proposed C-4 zone, with three tiers. The outer tier allows 35 feet, the middle tier 45 feet, and the center tier 55 feet. Henke said there are two ideas for increased height, one “is to have a higher height limit in the center to have a real authentic central plaza like you see in some European cities. That’s why the height has increased in the center.” The second “is to really mitigate the visual impact for surrounding properties, and along Main Street keep the height the same that’s allowed already … then slowly step it up to the center where it will be 55 feet. So the farther, a lot of visual impact is where you’re standing and your visual perspective. The idea here is that if you are standing outside of the zone the 45 feet doesn’t look any higher than the 35 feet because the distance is increasing.”

Zelda Isaacson was the first citizen to comment in the public hearing.  “I’m not very close to where all these projects are going on but I have the distinct feeling that our open space is disappearing. When I was a little girl the population of Midway was 711. That’s what the sign said when you entered Midway. And that was wonderful. It’s wonderful to me, it’s why I moved back home. I was born and raised on the Kohler farm which is owned by Grant Kohler. Some changes have been made out there and I have no objection to that. But I do worry about Memorial Hill getting crunched. I love that Memorial Hill. We’ve already had one little house that’s choked off the Memorial Hill on the west side. I am wondering, how close to Memorial Hill is this C-4 going to be?”

Henke said, “None of it touches the base … at least 25 feet.”

“To me that was wonderful. My brother, Alvah, he was on the committee that wanted to preserve the Memorial Hill. And I guess as much as they could they made it as nice as it is. If we build a whole pile of things around it … Crunch! Crunch!” 

Henke said, “Sorry, Zelda.” 

“I’m not sure that we are going to remember the quiet little Midway that people like to come here because of the quiet and solitude. My grandparents moved here, came here from Switzerland in 1884. My father bought the farm and most of Dutch Fields … I’m just really anxious that we do not stuff Midway so full.”

Blake Myers said, “As a field engineer and surveyor I worked on hundreds of projects and that’s some density there, that’s cramming stuff in. As far as losing the beauty of the hill, that’s obvious. Some of us believe that that is Midway’s Memorial, if you’ve ever been up there and seen the plaques and the names on the walls, and all the names that are there from every war from Indian Wars, clear up to the Gulf-Persian war.”

Leslie Miller said, “Your very opening statement, Michael, was … this is property where we look up to Memorial Hill. That’s a view corridor. And there’s nothing in this that’s really talking about the view corridor, or allowing enough boundary around Memorial Hill which a lot of people view as sacred, to accommodate what that place is. That’s a community gathering place. People walk there, they walk their dogs there. That’s a special place and that could be the center of your community even if it’s a commercial district. I think you really need to spend some more time there.”

Mickey Oksner, former planning commission chairman, helped with the city revision of Midway’s general plan last year. He said, “I can’t tell you how much open space and views, and the things we’re discussing tonight that were considered by everybody involved, and I think the document that came out was one that represents that thinking.” He said he is proud of the document the planning commission and others worked on and emphasized the original plan for the tourism overlay zone was “single story buildings” with “clear views of the mountains in the background” like Riverwoods in Provo.

Katie Nobel said Pure Midway thinks “there should be a Memorial Hill dedication spot that is a requirement. A place for reflection, meditation, and remembering what the hill is all about.”

Sheila Siggard said, “And also a statement about Memorial Hill. Thank you, Zelda. For those of us who know some of the men who are on that plaque, that is a sacred place. I say … change the zoning, put some green space there, so we can respect Memorial Hill and those men from our town, who preserved our freedom. It’s a hallowed place, and don’t ever forget it. Those people who suggest putting things right at the base of the hill aren’t even on the same page as those of us who love and honor our treasure of Memorial Hill.”

Mary Thomas said, “My husband’s a Utah boy and he brought me here ten years ago during Swiss Days and we never left. And you can understand why, for all the same reasons that you all are here. But politics and platitudes aside, change is inevitable. I have climbed Memorial Hill thousands of times by now. I have parked my car in front of the garage at the bottom of Memorial Hill and I am probably the only one who’s ever done that. I have never seen anyone at the bottom of Memorial Hill looking up; many, many, many people at the top of Memorial Hill looking down. So the space there by Memorial Hill where we are considering a C-4 space, doesn’t seem to me that much of a heart thumping space necessary for our consideration as a holy spot in Midway; the top, yes, the bottom, maybe not so much.

Andrea Allen was concerned about how parking would look from the top of Memorial Hill. She said the “code states improve the efficiency of parking areas by allowing multiple use and shared parking spaces, curves, cuts, and circulation drives. Again we’re looking at the parking issue and … nowhere in the C-4 code, it doesn’t exclude large parking structures … with the amount of … parking, parking will be a major problem so you are going to have to address over 1500 parking spots, what’s that going to look like when we walk up Memorial Hill?”

All of the members on the city council have deep roots in Midway. Kent Kohler’s position could easily represent any city council member. He said, “With respect to Memorial Hill, my father’s name is up on the plaque, and I have other ancestors, their names are on that plaque, so it means a great deal to me.”

Perhaps thinking about the C-4 zone, or even anything proposed should this property develop under the current C-2 zone ordinance, should include preservation of Memorial Hill’s view corridors, from the top and from bottom. Memorial Hill currently sits in Wasatch County, and the Memorial is just as important to many residents in Heber, Charleston, Daniel, Wallsburg and other towns as it is to Midway residents. That will remain true even if the property is one day annexed into Midway City. The hill just happens to be on Midway’s borders. Memorial Hill is Heber Valley's crown jewel. 

Walk or Drive?

Pedestrian Friendly C-4 or Automobile Friendly C-2

by Robin Johnson

What are the differences between Midway’s current C-2 zone and its proposed C-4 Zone? According to Michael Henke, city planner, one of the main differences is how customers access businesses located within the zones, by parking a car in close proximity to business for convenient access or by parking in a large parking lot then leaving the car and walking from one business to another clustered in close proximity to each other. Property on the north side of Main Street between about 400 East to 700 East is being considered for the proposed C-4 zone Approximately three fourths of the twenty acres is currently zoned C-2. The remaining one fourth is zoned for residential use as R-1-11.

In the city council’s public hearing, held on May 17, Henke said regarding the twenty acres proposed for inclusion in the potential C-4 zone, “The idea is to limit the uses that are not vehicle oriented type uses, so it would create that safe pedestrian atmosphere.”  Henke said automobile friendly uses “have been removed from what’s currently allowed on the property, so really there’s not any uses in the C-4 zone that aren’t already allowed right now in the C-2 zone; we’ve just reduced the amount of uses for this area” to uses that are walkable and pedestrian friendly.”

 Storage Units were removed from the uses in the C-2 zone after three separate storage unit applications were received by the city in the last couple of years, each one failing to reach the point of development for varying reasons. Henke gave some examples of uses still allowed in the C-2 zone that will not be allowed in the proposed C-4 zone which includes mortuaries and wedding chapels, new and used vehicle sales, and repair shops.

What is allowed in the proposed C-4 zone?

·         Retail, grocery, and service stores (boutiques)

·         Tobacco sales

·         Bazaars

·         Professional offices and clinics

·         Alcohol dispensing establishments

·         Day cares,

·         Recreational activity businesses like craft, art, and photo galleries, and retail show rooms

·         Cafes and restaurants,

·         Barber and beauty shops, massage therapy, and day spas,

·         Short term lodging facilities,

·         Outdoor and indoor theaters,

·         Mixed Use Commercial with residential PUDs,

·         Private academies or studios for education, art, dance, sports, etc. (music)

Many citizens addressed the appropriateness of a walkable and compact retail area with large scale parking in Midway.  Most of their comments are included below, it is lengthy. Some speak for the C-4 change, others against. All agree taking time and making decisions cautiously are important.

Katie Nobel said, ““I’m going to be speaking on behalf of Pure Midway tonight. Pure Midway is dedicated to smart growth and open space and we’re a fairly new non-profit so we been spending, maybe not as much time as you have, and we wanted to thank you very much for all of your time … endless patience, and even keeledness throughout the process.

“I just wanted to say that the population of Provo Orem is 525,000. The population of Midway is 4500. Riverwoods does not belong in Midway. Having said that, this is me personally, I do support the arts center, I think it’s a wonderful project, so this isn’t about the arts center. It’s about C-4.

“We think there should be more open space, at least 25 percent open space, which would be the requirement they have in Summit County. I always get so … we think that needs to be reduced. We think there should be a 50 to 75 foot buffer zone from the neighbors. We think the height should be limited, probably 35 feet. Its 32 feet in Summit County in commercial right now, it could be larger by building with conditional use permit. “

Noble added some additional ideas for use of the C-4 space. “We think that it’s critical to limit the building footprint and the size of the buildings. We think that there should be a Memorial Hill dedication spot that is a requirement; a place for reflection, meditation, and remembering what the hill is all about. We also think there should be points added for amenities that would celebrate Midway’s rural heritage, for a Midway History Museum, a farmer’s market, farm to table restaurant, a 4-H club, something along those lines.

“Personally, again, I don’t support density reduction on the rest of Main Street. I don’t think that that’s fair. I think that that needs to be balanced out; it’s not fair to take from one and give to the other. Pure Midway thinks that we need to be thoughtful, careful, and postpone the decision. In summary, they don’t make any more land; you’ve got to be really careful with this.”

Pat Vaughn said, “I think we need to be very careful in our city that greed is not controlling us. We talked about build it and they will come. Why don’t we let them come and we will build it. We already have a restaurant that’s turned into a funeral home. We also have vacancies that have lease notices, that we can’t rent out, that is commercial property. ... Is it fair to reduce density down on Main Street to accommodate this particular zoning? I say no.”

Courtland Nelson, Wasatch Mountain State Park, said, “Appreciate the opportunity to speak. I’m speaking in favor of the switch to C-4 … in terms of the opportunity to congregate those businesses and pool them together at the east end of town. It also makes some sense for what I think needs to be done for what we are doing with our own enhancements, our signage, and making ourselves more of a destination as people pass through the valley."

“Further, I think we’re at an important juncture here, that we approve the C-4 and then take some time that everybody is talking about to get down to some details. You have the architectural committee, there are no reasons there can’t be more meetings about a number of the specifics.  I think it’s important that you commit to other opportunities for people to come forward and to review (the C-4 proposal), that’s really the only way we can do that. If we’re not going to go down this road then I suspect we are going to be having a meeting with you all about increasing our taxes so we can buy that land, so we can protect it for all the reasons that people are talking about. That seems like a big leap to me and I think there are some steps between this (proposal) and doing that.

“In my mind this balances out the wonderful frantic time of Swiss Days. We have a place that’s going to bring in people on a very steady basis year round, and it will help with the tax base that all of you have talked about. We’ve been through these committees over the last year. I had a conversation with you mayor three or four months ago about the need for … more Monday to Friday kind of businesses that are routine, and regular, and flat … I think this achieves that. I also like the tie from what we’re doing as a community with the state parks and the businesses that are there, this square, the retail that’s down Main Street  … and then the final piece would be this zone down at the other end and I think that makes lots of sense for smart people to do that.”

Millie Medbe said, “I am concerned about trying to bring in a lot of new businesses into a completely different part of the city. I sort of refer to it as a mini-Midway. I don’t think we need another mini-Midway. I don’t think we need a second ice rink. This is a lot of duplication. I love the arts, I’m not against an arts center, but we have to do things carefully.

“The things I wanted to focus on were, I don’t see that there’s been a financial analysis where we even know if this thing can fly. Traffic studies, when we moved here almost 25 years ago from Los Angeles, we moved here for all the reasons everybody is talking about. And we live on River Road and in those days you could be going this way on the street, you’re neighbors going this way, you could both put your car in park and have a half hour conversation. It was awesome. And now I can’t sit on my front porch because I can’t hear the person I’m trying to talk to and its really, really disappointing and sad. There are all kinds of opinions on all of these things, but I do think we need to do a serious traffic study because we’ve got some big problems. I also think there’s going to be a lot of costs run up considering there’s maintenance of this whole thing, there’s a ton of maintenance in the city right now that is just not happening.”

Rochelle Dominique said, “As a former retailer I looked around town. There are plenty of places that are available for rent and I don’t see any of the local people getting rich, except maybe Galleria, they keep adding cars, but there’s not enough retail business, and if we have empty store fronts, that could be horrible. I mean I’d rather see a development like The Hamlet, it’s very pretty, it’s down at the end of town, it’s not too tall, so it’s not that you can’t put something there, but commercial space is I think a real dumb idea.”

Hyrum  Daly, a teenager, said, “As I was sitting here listening to you guys I’ve been kind of thinking about how long I’ve been living here and how its developed over time. I moved here about six and a half years ago and I live kind of by the hidden church, and I remember when the subdivision wasn’t there and it was just this huge field and I could go out into the field and chuck rocks at whatever I wanted and have a great time. I was kind of sad when that subdivision was put in.

“The Olympics, that brought a lot of people in. And Swiss Days every year attracts people to look at this beautiful valley. And I think they want to live here for a reason. And I think don’t bring into this valley, Provo has a Riverwoods, I don’t think that we need another Riverwoods in here because Provo already has one. If we have something similar to Provo, it’s going to take away from Provo and add more us, and then more people are going to want to live in this valley, and so then we’re going to have people from Park City and Provo coming in and that’s just going to be a big mess.”

Robert Duncan, former art gallery owner on Main Street, said, “I feel strongly that we advertise a village on the signs as you come into town, and obviously we want a village atmosphere, and all the successful thriving village type towns that I know of have a core natural, walkable shopping area. We have it. But we haven’t taken care of it, I feel strongly. And we still have a bunch of for sale and for lease signs on Main Street.

“All the developments like this that have tried to create a village atmosphere like The Gateway, Riverwoods, Redstone, all have gone through a multitude of tenants who’ve given up and someone else has replaced them. But none of them have really succeeded as a walking village atmosphere.

“Destination, we have a natural destination village atmosphere and I really feel like the Tourism Overlay Zone should be in our natural downtown area where people love to go. Duncan described a situation in another town. He said, “I have a friend whose gallery moved off the town square, a block away, the traffic is nothing. They’re struggling.

“I don’t feel like this is a natural location to have destination tourism come and thrive. I feel like we have wasted a beautiful opportunity over 20 years of people who want to come here, but they don’t want to walk five blocks, and we’ll end up having a bunch of for rent signs down there and here, when we could grow from the natural village we have, out, and keep open spaces in the places where it needs to be, and so that’s just my feeling, strongly. That this isn’t going to bring what we really want it to bring.”

Susan Fox said, “I want to address the parking. I moved out of my home and closed my business, I’m not just open to the public anymore, I’m still doing business, but I am up in Swiss Oaks and they didn’t think about parking either when they built that back in the 70’s. When all the out of towners who only come on weekends all come up there is no parking because they only put one car parking spot for each unit.”

Regarding commercial parking Fox said, “If we’re only doing 250 square feet for every parking spot for your commercial, you won’t be able to go in there. We see that we have commercial businesses for sale here in town, the businesses don’t come here. We struggle every single year. And I don’t want a shopping center like Riverwoods, I don’t want a Blue Boutique or Victoria’s Secret or a strip mall like that, in my town. I’m glad to go down to Provo and go to … Riverwoods. I don’t want to do it here in my home town.”

Matt Krupp said, “We’ve decided lately to invest in the core of what has historically been our Main Street village. One of my big concerns is that by dumping a bunch of incentives in the form of C-4, and from what it sounds like, reducing density in what existing Main Street, we’ll kind of be shooting ourselves in the foot. This is a good idea in theory, but I really am scared of the execution of it, the way that I’m seeing it, all the details that I’ve come across so far.”

Andrea Allen said, “Moved here three years ago from California because I could breath .. I want to talk about a couple of things that the code actually states … ‘improve the efficiency of parking areas by allowing multiple use and shared parking spaces, curves, cuts, and circulation drives’. Again we’re looking at the parking issue and nowhere in the C-4 code; it doesn’t exclude large parking structures, so just wanting to look at that. With the amount of seats and parking, parking will be a major problem so you are going to have to address over 1500 parking spots, what’s that going to look like when we walk up Memorial Hill?”

Grant Johnson, a teenager, said, “My mom owns RHL, Race Horse Lane boutique on Main Street. We’ve had it about ten years, I’ve worked there and I’ve met basically numerous customers and all kinds of other people. When (customers) come into my mom’s business, I’ve seen a lot of them trying to escape the big city type feel, Riverwoods, and all that; … personally, I think we should renovate our Main Street instead of going outside of Main Street because when you come into a small town you always drive through Main Street, not very many people leave to far from Main Street to go to businesses. I think that’s one of the reasons why my mom’s business has been so successful.”

Other public comments addressing traffic study, financial analysis, residential density, height, and Memorial Hill yet to follow. 

Council Weighs In on Taking Time for C-4 Zone

Mayor Bonner Recommends Tabling C-4 for Further Discussion

by Robin M Johnson

One hour of public comment, with each speaker allotted two minutes, passed quickly

for the several hundred citizens gathered to share their thoughts, support, disagreements, and concerns with the Midway City council at a public hearing held Wednesday, May 17. Not all who wished to speak were able to due to the time constraints.. 

Two citizens who did speak requested the council consider holding a Town Hall format city meeting, just on the C-4 zone and nothing else on the agenda.

Bob Adams said, "I’ve got some concerns about the process we are using. We’re talking about respecting each other and yet we’re limited to only speak for two minutes. And only a certain amount of people can speak because we’re only going to do this for an hour. It sounds like you don’t want to hear from your constituents. I don’t know that that’s a fact, I’m just saying that’s what it appears to many people around here.

"What I would suggest is we do a Town Hall format for something like this. This is significant that this many people care. We could have had a decent crowd here if it hadn’t been a graduation night, so just imagine if more people could have come. But what I would propose is you have a Town Hall meeting to discuss all the points on this issue so people can give you their comments and they can understand better what you are trying to do here."

Dave Carson, echoing Adams comment, said, "If the purpose of this is for us as citizens to really be constructively involved in what’s going to happen, the decision is not C-4, do we want it or not. The decision is do we want C-2, which could very well be an industrial complex. I think the city council could help the citizens be more productive in constructively facing the real question through some kind of Town Hall meeting ... by helping us all understand what the real question is." 

"A Town Hall meeting I think’s great, I encourage you to keep track of the Midway City website with information there, to be read, it’s posted all the time."  Bob Probst, city councilman. 

After the one hour of public comment ended Mayor Bonner said, “I appreciate you understanding our time constraints tonight, we have a lot of things on our agenda, but I do appreciate the comments that have been made. We’ll officially close our public hearing for tonight. I’m not sure what the discussion of the council would be, but my recommendation would be that we table this agenda item for now and work through some of the stacks of emails and letters and things that we have received as we try to manage, I guess is the best word, the face of Midway. 

"It’s a huge challenge. I agree that we need to be very careful in the things that we do ... it seems fast that we’re here tonight making this decision, or that it’s on tonight for a decision, and I think the planning commission has taken quite a bit of time, maybe not enough, but I think quite a bit, it’s not like this was a decision that was made and was just thrown in front of us. It’s been something that we’ve been working through for several years, how to address change that’s coming to Midway, it’s coming. 

"A lot of you are here because you love Midway and you are part of the reason that we are having to look at some of these issues. It’s not an issue that’s just us that we are making, it’s a an issue of all of ours, because we are all citizens, whether you are born and raised here, a lot of them here in the audience, or whether you’ve been here ... eight weeks. 

"So we do have a jewel here. We try very hard to be conscientious of the decisions that we make and how they will affect the growth of this community. I wish I had a crystal ball that would make my job a lot easier. But I do appreciate the concerns, and the opinions that were given tonight; there’s a lot of valid information that we need to take and digest and it cannot be done over night."

Bonner then invited the council to comment. Each member took the opportunity, except for Karl Dodge who was not present because he had recused himself.

Lisa Christen said, “I just want to comment and say thank you and also let everybody know that the planning commission worked on this for a long time and, yeah, we know little bits and pieces, but we haven’t had it for a long time and we need to work on it. And it’s not something that I’m comfortable voting on tonight for sure. There’s still a lot to look at and a lot to discuss and I hope we can have some work meetings and really spend ... some time together on this, before there’s any decisions made."

Ken Van Wagoner said, “I think there was a lot of misconceptions out there as to the fact that we were going to pass this tonight. This is the first time we’ve actually had it before us. And so in reference to Bob Adams and some of them that said we should have town meetings, I think it’s a great idea. But we have to hear it, too. And so, until we get an opportunity to hear it, it’s pretty hard for us. And I’m willing to make a motion and I’ll wait until after the rest of them have spoke, but I don’t think we’re going to see this pass for a long time, if at all."

Kent Kohler said, “I’m not sure I want to follow that. He got some clapping. You know, what Mayor Bonner just said, we all live here, most of us have been born and reared here, our families, our roots go very deep. 

"With respect to Memorial Hill, my father’s name is up on the plaque, and I have other ancestors, their names are on that plaque, so it means a great deal to me. The thing that we represent, what our job is to do, is we wanted to listen to you, and I appreciate the emails, and I’ve reached out to folks, and I went to the grocery store just across the street today, just to pick up a prescription, my house is right across the street. Forty five minutes later I make it back. I had my prescription within five minutes. 

"But it’s rewarding for some aspects of it, because I love hearing what the response is. I was at the counter picking up my prescription talking to Dennis the druggist, the pharmacist, and this lady come up behind me and scared the living right out of me because I wasn’t expecting it, and we had a forty five minute conversation about what was going to happen tonight. I calmed her fears. 

"Brad Wilson, thank you. He’s been forwarding emails to us, religiously, for the last week. I get to work this morning, I pop open my email and I’ve got six of them there waiting for me. So you try to go through, you try to do your own job, our day job, we get here, we’ve got letters tonight, so there’s a lot to digest. My concerns are the same that have been presented tonight. I’m also in favor of some of the other folks that were in favor of it. So you try to weigh it all out, I mean, gosh we live here, we want to make sure this is done the right way, too. 

"I look at Main Street, this particular area, and I said this to Karl Dodge when the storage units proposal came through, a year ago, or a year and a half ago or whenever it was. I said, this is the last good piece of property, commercial property on Main Street, we've got to make sure we get this right. And at the time we thought it was a better idea to take the storage units out. Thank goodness the application was pulled, that didn’t go through. 

"The C-4 proposal was coming about, like the mayor said, this has been in the process for well over a year. The general plan comes out, (C-4) does meet certain aspects of the general plan. But the height restriction, I have an issue with that. Traffic needs to be looked at. A lot of the concerns that were brought up tonight, I have the same fears. So, yeah, I’m in favor of tabling it, we’ll have our work meetings, a Town Hall meeting would be great. Because I live here and I want to make sure it’s done right."

Bob Probst said, “You know, it’s really good to see this much of a turn out, it lets you know there’s a lot of concerned citizens, like all of us are concerned citizens ... In my opinion, I agree with what’s been said tonight. It hasn’t fell on deaf ears. I’ve got a lot to think about. I really do think moving forward with this there is a great deal of work to be done, some adjustments to be made, a lot of things to consider to arrive at an acceptable project here. 

"A Town Hall meeting I think’s great, I encourage you to keep track of the Midway City website with information there, to be read, it’s posted all the time. I don’t like it when people act like they’re not informed, they don’t know what’s going on. And how come I didn’t know? Well, you need to get on the website and read. And talk, and listen. I agree with councilman Kohler, a lot of what’s been said, I could say again. But there’s traffic issues, there’s studies that need to be done, and there’s a great deal of work to be done on this. I just hope we can arrive at the right thing, do the right thing."

Ken Van Wagoner said, "I’ll make a motion that we table this and do more study on the concerns of the citizens as presented to us. And we’ll set up a meeting when we can go through each one of the letters that we received, and the emails, and the concerns and try to come up with what is best for the citizens and the community."

The motion was seconded and passed unanimously. 

Mayor Bonner's Statement on C-4 Zone

Dodge Recuses Himself from C-4 Discussion and Vote 

by Robin M Johnson

Councilman Karl Dodge owns one of the six parcels up for discussion before the city council as part of the proposed 20 acre C-4 zone in Midway City. Dodge’s piece is an approximately six acre parcel fronting Main Street at about 500 East. According to state code any member of a legislative body who has a conflict of interest is required to publicly state the conflict and withdraw from all discussion and decisions regarding the matter.

Following is Dodge’s statement made at a public hearing held May 17. Dodge said, “I have owned a piece of property that is now being considered for rezoning for the last 23 years. The property has been for sale for a long time. It is currently under contract so that, assuming that the contract goes through, I will not own it, but my wife and I still have title to that contract.

"I have been very careful not to speak out publicly either for or against this zone so I could not be accused of impropriety ... I think I am the only person in this city who can’t weigh in on this proposal." 

“So I have a conflict of interest, I have stated this conflict publicly in several other meetings in the past. I will recuse myself, from not only the vote, but all of the public comments. I have been very careful not to speak out publicly either for or against this zone so I could not be accused of impropriety. Despite that I have received several letters and emails that I would call hateful, calling me corrupt because I own property that I am trying to sell.

“I hope that the discourse today can be civil. I hope that all sides can be considered, I still have not made any public or even private comments about this zone. I have not lobbied my fellow council members or the mayor; I have left it completely alone. In fact I think I am the only person in this city who can’t weigh in on this proposal. So I wanted to make that public announcement again, and I am going to recuse myself and leave.”

As Dodge made his exit Mayor Colleen Bonner said, “Thank you Karl, appreciate your comments and your integrity.”

Bonner then made a statement regarding C-4 prior to opening the floor for public comment. Bonner said, “First of all I want to thank you all for being here tonight. I’d also like to thank Michael, our city planner, for the many hours that he has put into this proposal and the hours he has spent answering many of your questions. I’d also like to thank the planning commission for their many hours as well.

“It has been a journey getting to where we are tonight. It started a few years ago when storage units were proposed and approved next to the Filler Up Coffee Station. That approval never came to fruition and we asked the planner and the city planning commission to review the uses allowed in the C-2 zone to see if we needed to refine these uses that are allowed.

“Before the planning commission and the city council were able to refine the uses in the C-2 zone, large scale storage unit projects were proposed on two of the larger pieces of land located in the area of the proposed C-4 zone. After recommendations from the planning commission and three attempts by the city council, storage units were removed from the code. This prompted the council to look at the allowed uses in our commercial zones.

“About this same time the city was taking on the task of reviewing our general plan. We are required to do this every five years. In January of 2016, committees that included members of the planning commission, city council, city staff, and the general public were formed for each chapter of the general plan. After much discussion, many meetings, public comment, an open house, and a public hearing, the new general plan was adopted in January of 2017. That took us a year.

“We use the general plan as a general guide to help manage the growth and development of our city. On page 25, under the section Economic Development, it states: ‘Economic Development is the carrying out of activities that encourage economic growth within the community and infuse new capital from outside the city to improve the lifestyle of the local citizens. In order to keep pace with the projected growth of Midway and the immigration of people due to new residential development, economic development becomes a critical element of the city governance. A fiscally responsible community must provide economic opportunities that encourage retail and business service expansion, job growth, and associated retail and service development.’

Bonner said, “In keeping with Midway’s general rural vision, the focus on expanding retail opportunities including a walkable complex of mixed retail, arts, entertainment, and recreational enterprises that encourage tourism is an appropriate goal.

“On page 58, in the introduction of the Main Street section it states, ‘Main Street is the economic, architectural, and historic heart of the community. The most powerful and lasting image associated with Midway is Main Street. This commercial core should be developed as a distinctive shopping and business area, emphasizing it as an attractive meeting place and staging area for festivals, special events, celebrations, and a variety of community activities which will provide a vibrant and healthy community centerpiece.’

 Bonner said, “One of our greatest challenges as your representatives is to make decisions that will allow us to manage that is coming to Midway. For this reason, we looked at the different proposals that have come before us over the years in the location of this proposed new zone. We asked the question, what would be a good fit for this ground.

“A majority of this property is already zoned C-2, but we felt like maybe we could do something better for this valuable piece of Midway. Again, we asked the city planner and the planning commission to take on this task. Tonight the city council will be hearing the full presentation that has come with a recommendation from the planning commission for the first time. The planning commission recommended after three months of work and four meetings which included public discussion and comment.

“Please remember the planning commission is a recommending body of Midway citizens who volunteer their time, and work diligently, to make well thought through recommendations, but the city council ultimately makes the final decisions. It is important tonight that we listen, hear, and understand your concerns, as well as you listen, hear, and understand the concerns of those who represent you.”

Following Bonner’s statement Michael Henke, city planner, described the six parcels of property being recommended for inclusion in the C-4 zone and presented the proposed code text as written when the planning commission forwarded it to the city council for their consideration. This information can be found in previous articles posted on this blog. 

Some public comment can also be found in previous posts. More comments will follow later today, grouped by specific concerns. 

Tonight the city council will begin working on C-4 related matters in a Work Meeting beginning at 5:00 pm in city council chambers at the Midway Community Center. 

Six Month Moratorium Public Hearing Set

Should Moratorium include Residential Mixed Use in Commercial Zones?

by Robin M Johnson

Michael Henke, city planner, requested a six month moratorium to give city staff time to implement changes into the city code that were made to the general plan in 2016. On May 17 the planning commission recommended approval of the moratorium to the city council. A public hearing is set for Wednesday night's City Council regular meeting at 6:00 pm.

No new development applications will be accepted during the moratorium in all residential zones that start with an R for residential or RA for residential/agricultural. With one exception, the Rural Farm Preservation zone which is located north and northeast of Memorial Hill. Henke said this is a relatively new zone passed earlier this year. The ordinance creating the zone already includes many of the changes made to the general plan during the revision process.

The moratorium will not affect development applications already accepted and/or approved by the city, like the one pictured above, Deer Creek Estates, on Michie Lane

As a guiding document the general plan lays out the goals the city desires to achieve. With the general plan’s revision complete, the staff now faces the task of aligning laws that govern land use in the city code with the intent of the general plan. Henke said this requires code text amendments.

Henke said some of the needed text amendments have already started moving through the legislative process. The two most prominent code text amendments before the city council are creating a new C-4 zone, and re-zoning about 20 acres south of Memorial Hill on Main Street into the C-4 zone. Two other matters currently before the planning commission are possibly removing duplexes from the R-1-9 zone and potentially reducing residential units allowed in the mixed use C-2 and C-3 zones on lots one acre or greater from twenty units, down to one unit per acre. Henke presented a long list of other items to visit during the moratorium.

Calls from citizens asking to include the residential portion of the mixed use C-2, C-3, and the proposed C-4 zones began in the planning commission public hearing on May 17, regarding the moratorium. Heather Rasband made the initial request, echoed by several others and by Kevin Payne, planning commission member. Henke was open to the suggestion. Stuart Waldrip, planning commission member, was unwilling to add the idea to his motion and when voted on, it passed.

 Following the planning commission’s recommendation more calls were made on social media to add mixed use residential to the moratorium. One of those calls came with the backing of Pure Midway, a group dedicated to the preservation of open space in Midway.

Another request came during a public hearing held by the city council on May 24 regarding the two proposed C-4 zone ordinances. Holly Bodily stated, “The moratorium, that hasn’t been talked about tonight, but definitely that should include mixed use; regardless of the outcome of C-4.”

Citizens are concerned that new residential development in the commercial zones should also be stopped during the moratorium to take a closer look at density currently allowed or being proposed. Public comment is running about four to one against the new C-4 zone. Two of the four top cited reasons against the proposed C-4 zone directly relate to residential mixed use. Consistently citizens cite concerns over the density allowed at 30 units per acre, and the height allowed at two to four stories for residential living above commercial retail space on the first level. Two other common concerns are financial and traffic studies.

In the same public hearing several comments addressed density and height. Jeff Drury said, “The development that’s being proposed is not in the character of our town. My major concerns are around density and financial analysis of the plan for this development. Density not only does not match what belongs in Midway, it does not match what belongs in West Valley or Salt Lake. It is out of character for our town. From a financial standpoint I don’t think we have done any financial analysis on how this will benefit, impact, or hinder the community.

“This is a fiscally conservative community, that’s evident by the vote in the recent election. We want fiscal conservatism and we want responsibility in our government to ensure that we’re not going to incur extra burden from 480 residences that will impact our school. That may be beneficial for the city’s tax base but it will impact our county’s tax base, it will increase our school taxes, which will be a detriment to all of us: we can not rob from Peter to pay Paul.”

Mickey Oksner, former planning commission chairman, said he is for the C-4 zone change emphasizing Swiss town tourism and he is proud of the work he and the planning commission did on the general plan last year. He said, “I share some of the blame for some of the opposition you are hearing this evening … the original idea, concept, was based on Riverwoods Plaza. Single story retail, dining, outdoor patios throughout, clear views of the mountains in the background, and the vision is for visitors passing through town to enjoy a Midway pit stop. It was to attract and support tourism and a C-4 village … It’s a visitor’s magnet.” Oksner also said this vision included boutiques laid out like Tarahumara, “They have a restaurant, a tavern, and a bakery right next door to each other; single story.”

Further, Oksner felt exempting farm and horse properties in the Residential/Agricultural (RA) zones would be appropriate. He made this request before the planning commission on May 17, but it was not granted.

Several different height limits were suggested by citizens at the public hearing. A gentleman suggested no more than 48 feet. Another said Sandy’s height limit is 30 feet, Midvale’s is 26 feet. Katie Noble said Park City’s is 32 feet and Midway should stick with its currently allowed 35 feet. Henke said there are two buildings in town that exceed 35 feet; Town Hall and The Olde Swiss Square are 48 feet tall.

Henke said the proposed C-4 height would allow three tiered zones, the outer at 35 feet, the middle at 45 feet and the center at 55 feet height limit. According to Henke 35 feet would allow two stories, 45 feet would allow three stories, and 55 feet would allow four stories. Obviously the more stories allowed in the code, the more residential will fit into any future development. 

Wednesday night all citizens have the opportunity to make their concerns known to the city council. Whether for including residential mixed use in the C-2, C-3, and proposed C-4 zones in the moratorium or against it, or sharing any other concerns or requests, public input on taking a break from accepting new residential applications for six months is welcome. 

Council Tables C-4 For Further Study

“It’s a great idea to have a Town Hall meeting. I don’t think we’ll see this pass for a long time … if at all.” 

                                                        Ken Van Wagoner, Midway city councilman

Public Speaks Out on Midway’s C-4 Zone

by Robin M Johnson

After three months of study and four public meetings held by the planning commission, Midway’s C-4 zoning legislation went before the city council on Wednesday, May 24 for the first time. Prior to Wednesday night’s public hearing a petition was hand delivered while letters and emails poured into the Midway City office.

In the afternoon Jeff Drury presented the city with a petition against the proposed zone change that had gathered over 400 signatures within two days. Many included comments with their signature. Michael Henke, city planner, counted 61 letters and emails; 38 of the letters and emails were either against or very concerned about the C-4 zone, while nine were for, and 14 were considered multiples because they were submitted by someone who had already sent a previous letter or email.

Public comments in the meeting followed the same general pattern with a ratio of four to one; 26 comments were against the C-4 zone or had serious concerns, two liked the arts center but had concerns about the C-4 zone, one liked the C-4 but had concerns about the residential density, and six were for the C-4 zone.      

    

In a statement Karl Dodge, city councilman, recused himself from the C-4 zone discussion and vote since he owns one of six parcels of property proposed for the C-4 rezone if adopted by the city council. He and his wife have tried to sell the land multiple times over 23 years. The property is currently for sale and under contract. Dodge said he has stated several times publicly that he would recuse himself, and he has been careful not to speak publicly or privately about the proposal. In spite of this he said he has received several hateful letters calling him corrupt. Dodge said he hoped the discussion that followed would be one of civil discourse and then excused himself from the meeting.

In an opening statement Mayor Colleen Bonner said the C-4 zone has been in the works for about two years spurred by storage shed applications in the same area. When the applications were withdrawn the city went through the process of removing them from the C-2 code and investigating possibilities for appropriate development, what would be a good fit, on the south side of Memorial Hill. They sent the matter before the city planner and the planning commission.

Bonner said, “This is the city council’s first time to hear this presentation … a time for us to listen, hear, and understand YOU, and also a time for you to listen, hear, and understand US.”

Henke made essentially the same presentation he did on April 19 to the planning commission. A detailed article appeared in The Wasatch Wave on April 26. At this meeting a few new points were made. First, while Midway has enjoyed a great view of Memorial Hill for many years, this is the last large parcel left in the commercial zone and the city recognizes "something will happen" on this property. Henke outlined in more detail the differences between the current C-2 zone and the proposed C-4 zone emphasizing the C-2 zone uses are more compatible with patrons using a car to access the businesses along Main Street while the C-4 zone uses are more pedestrian friendly allowing customers to park their car and walk from business to business.

Public comments from those in favor of C-4 came from art supporters and citizens.  Mike Glen said he represented the Heber Valley Arts Coalition which supports the C-4 zone.  

Pat Sweeney, President of the Heber Valley Arts Council, said artists in the valley want a place to showcase their work, the arts center will make Heber Valley a must see place. She added, “More due diligence is needed … but a project of this magnitude is where we are headed.”

Mickey Oksner, former planning commission chairman, said he is proud of the general plan revision he and the planning commission worked on last year. He said Midway is a visitors market and “we live in a gold mine”. However, the 30 units per acre should be left off the table.

Courtland Nelson said, “If we don’t go down this road … we will be meeting with you again to raise taxes to buy and preserve that land.”

Public comments from those against C-4 also included citizens who enjoy the arts but did not feel a C-4 zone was the right fit for Midway or this property.

 Zelda Isaacson asked how close development would be to Memorial Hill. She said her brother, Alvah Kohler, served on the commission to preserve Memorial Hill. All of our open space is disappearing. In conclusion she said, “Don’t stuff Midway so full.”

Blake Meyers said from a civil engineering standpoint the density proposed would be a challenge and it is obvious the height proposed would lose the view corridor of Memorial Hill.

Nyle McMullin said Salt Lake county’s southeastern cities height limit is 30 feet, Midvale is 26 feet. Open space requirements in the same cities are 50 percent open space, 50 percent covered including driveways. He said, “If you want a city like that you can have it.” On the other hand cities west of 300 West do not have these limits. He said, “If you want one like west of 300 west, you’re going to get it!”

Carl Gray said, “I am not opposed to C-4, but economically it doesn’t work.” He said City Creek in Salt Lake City brings in $250,000,000 and they have Trax, buses, parking, etc. To fill in Midway’s C-4 it would need to bring in $45,000,000, about one-sixth of City Creek.

Robert Duncan said, “I ran an art gallery on Main Street for twelve years. I am one of those who stuck up a for sale sign. You advertise a village … if you want it, do it on Main Street … a natural destination in a town, grow from the natural village out. This (C-4) isn’t going to bring what you want.”

Suzie Fox said, “There is not enough parking in Midway even on Main Street. Businesses do not come here. I don’t want a River Woods in my home town.”

Holly Bodily said all these concerns were brought before the planning commission and should have been looked at more before sending this on to the city council. The numbers for bringing in tax revenue to replace the transient room tax do not pan out. The proposed moratorium should include mixed use residential. She said, “What’s best for Midway should be decided by the citizens.”

Several citizens asked the council to hold a town meeting on the matter since one hour of public input at two minutes per speaker was not enough time for such an important issue that would completely change the face, look, and feel of Midway. Others asked that the citizens have the opportunity to decide the future of Midway, whether it is a tax issue or a development issue.

Bonner said, “It’s my recommendation we table this for now. We need to work through the stacks of emails and letters as we try to manage the face of Midway. We need to be very careful, … study and digest this.”

Lisa Christian, city councilwoman, suggested the council take their time, schedule work meetings, and study before deciding.

Ken Van Wagoner, city councilman, said, “It’s a great idea to have a Town Hall meeting. I don’t think we’ll see this pass for a long time … if at all.”

Kent Kohler, city councilman, said, “I have a great respect for Memorial Hill. It’s our job to listen to you. We appreciate your input.” As the last good piece of property on Main Street, “we need to get this right.” Regarding height, traffic, and your other concerns, “a lot of concerns are the same as mine.”

Bob Probst said the council heard all concerned citizens. “I agree with a lot said tonight. It hasn’t fallen on deaf ears … there is a great deal of work to do to arrive at the right decision.”

Van Wagoner made a motion to table the matter and study the citizens concerns in letters and emails. It was seconded and the vote was unanimous in favor. 

Note: A series of articles will follow between now and June 14. Each article will focus on one aspect of the city's C-4 proposal as discussed in this meeting by the mayor, the city planner, and the public. The series will start out with an in depth look at density, then height and move on to Pedestrian Friendly vs. Automobile commercial uses, Including the Residential Portion of Mixed Use in the C-2 and C-3 Zones in the Moratorium, etc.