Planning commission recommends approval of RC residential overlay at 7001 S. 900 E.; neighbors urged additional studies

The Midvale City Planning Commission on a 5-0 vote recommended approval of a zone map amendment to add the Regional Commercial–Residential Overlay (RCRO) for the property at 7001 South 900 East, moving the decision to the City Council.

Neighbors and several residents told the commission the proposal lacks site-specific traffic, infrastructure and pedestrian-safety studies and would be incompatible with nearby homes. “There has not been a substantial traffic study, no infrastructure review, and no pedestrian safety assessment,” a resident who spoke during public comment said. Several speakers said existing turn movements on Ninth East already create unsafe conflicts and that adding more units would compound risks.

The recommendation followed a presentation by planning staff and legal briefing by the city attorney explaining the planning commission’s role. Van der Linde, the city attorney, told commissioners the commission’s decision is advisory and that a development agreement — a contract that runs with the land — is an available tool the City Council can require to lock in specific limits if they are concerned about future changes after rezoning. “A development agreement runs with the land,” Van der Linde said during the meeting.

Arlo Hancock, a mechanical engineer and resident, raised fire- and material-safety concerns about taller, engineered‑wood structures, describing how engineered lumber and adhesives can accelerate fire behavior: “With engineered materials, they look like wood … they burn very fast and very hot,” he said, urging caution for buildings that could be rezoned up to 75–85 feet. David McBride, a nearby property owner, asked that any approval include conditions or a development agreement to limit height, setbacks or future changes to the proposal.

Other commenters questioned whether the project would deliver the commercial space it promises and noted long-term vacancies in other large Midvale developments. Emmy Cordano, an Essex Court resident, told commissioners that almost everyone present opposed the rezoning and warned the change would be permanent: “If you approve this rezoning … the area will be forever changed,” she said.

Planning staff told the public that several corridor‑level studies exist, including a Fort Union corridor study posted on the Midvale website, and that Ninth East is a state highway under UDOT control; some mitigation (such as signal timing or major roadway work) would require coordination with UDOT. A planning commissioner noted that the city reviews utilities, fire, water and sewer capacity during development plan review and that upgrades would be required if the infrastructure could not support a project.

After public comment, a commissioner moved that the commission recommend approval of the RCRO zone map amendment for 7001 South 900 East with the findings in the staff report; another commissioner seconded the motion. The roll call was Chair Anderson — yes; Vice Chair Erickson — yes; Commissioner Licki — yes; Commissioner Kasperian — yes; Commissioner Edwards — yes. The commission’s recommendation now proceeds to City Council, where councilmembers can require a development agreement or impose other conditions before approving a final rezoning.

Votes at a glance Motion: “I move that we recommend approval of the zone map amendment to add the Regional Commercial–Residential Overlay zone to a property located at 7001 South 900 East with the findings noted in the staff report.” Mover: Commissioner (name not specified in the transcript) Second: Commissioner (name not specified in the transcript) Vote: 5–0 (Chair Anderson — yes; Vice Chair Erickson — yes; Commissioner Licki — yes; Commissioner Kasperian — yes; Commissioner Edwards — yes) Outcome: Recommendation to City Council: approved (motion passed 5–0)

The decision shifts the central policy questions to the City Council, which can require a development agreement or other controls if it approves the rezoning. Residents were told they will have additional opportunities to comment at the City Council public hearing and to provide written comments to staff before council consideration.