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.