Midvale planning commission tables Gardener Group text amendment over sidewalks and four‑story spacing

The Midvale Planning Commission on Tuesday tabled a proposed amendment to Chapter 17‑7‑10.12 of the Midvale Municipal Code that would alter street and building standards in the Jordan Bluffs area.

Planner Wendelyn summarized the three‑part request: revise two plan figures to eliminate an internal right‑of‑way between pods I and J; allow private streets to have sidewalks on only one side; and change minimum separation for four‑story buildings from 20 feet to 10 feet. Wendelyn told commissioners staff found no clear set of code findings that would support approval and said the changes raised walkability and connectivity concerns.

David Dennison, representing the Gardener Group, said the amendments are intended to enable a for‑sale "four‑cell" product on roughly 38 acres in pods I–J–K–L. He said the applicant’s current concept would yield about 640 for‑sale units — far fewer than some higher‑density plans — and argued the changes would make construction on the site financially viable. "We think we have ... figured out how to protect the people who purchase it," Dennison said, adding the team had worked with legal counsel and the existing master development agreement to preserve caps and protections.

Commissioners generally said removing the short internal road made sense given nearby thoroughfares and intersection spacing, but several said they were uncomfortable approving a text amendment that would change sidewalk rules across the zone. "Allowing a text amendment for sidewalks on only one side raises a concern that it becomes a universal standard rather than a site‑specific exception," a commissioner said during deliberations. Multiple commissioners also opposed reducing separation for four‑story buildings to 10 feet, calling the proposal too close and expressing concern about precedent.

Legal counsel reminded the commission that a text amendment is a legislative decision that requires written findings tying the change to general‑plan objectives or other code criteria. Commissioners discussed alternatives — site‑specific carve‑outs, narrower sidewalk dimensions, or narrower code language limited to private streets in Jordan Bluffs — and asked whether the applicant could return with revised language and clearer findings.

A motion to table the amendment carried on a roll‑call vote: Chair Edwards, Vice Chair Litkkey and Commissioners Tippets, Anderson and Brocky voted yes; Commissioners Eriken and Snow were excused. The motion passed with instructions that the applicant and staff return with clarified language and proposed findings before the item advances to the City Council.

Next steps: staff and the applicant will consider revised text and possible carve‑outs or site‑specific language. If the item returns, the commission will need to make explicit findings showing how any recommended text amendment meets the code’s criteria and general‑plan objectives.

Votes at a glance

- Motion: Table amendments to Chapter 17‑7‑10.12 (original motion language amended at the meeting to clarify intent to "table") - Outcome: Tabled (passed) - Roll call: Chair Edwards — yes; Vice Chair Litkkey — yes; Commissioner Tippets — yes; Commissioner Anderson — yes; Commissioner Brocky — yes; Commissioners Eriken and Snow — excused.