Commissioners workshop prompts motion for moratorium on lot-size averaging in West End; planning commission to review

Morgan County Commissioners held a workshop on placing a moratorium on the county’s lot-size-averaging provision specifically for the West End sub area. During the discussion, legal counsel advised that moratoriums require factual findings and can be legally challenged if not justified.

Adam, the county prosecuting attorney, advised the commissioners that moratoriums are typically used only when the county can show an immediate risk or consequence from allowing existing code to continue while the county considers changes. He told the board moratoriums require a documented finding of fact — for example, when proceeding without a moratorium would undermine a subarea plan or public services — and warned that a moratorium could be contested in court if those findings are weak or absent.

Commissioners discussed local use of the lot-size-averaging code. Meeting remarks recorded that since the code was adopted around 2020, the county has seen about 10 subdivision applications and that six used lot-size averaging; most of those were in the Carson Valley and only one was identified in the West End sub area. Commissioners and staff debated whether those application counts justified a moratorium limited to the West End or whether the planning commission should first be fully staffed to review code changes.

Several commissioners said they preferred having the planning commission review the matter once the West End representative seat is filled; staff reported the application window for that seat closes on the 16th and the county expects to have the position filled before the next planning commission meeting. County staff said they added lot-size averaging to the planning commission’s agenda and expect a formal workshop and review in early May.

At the close of the workshop, one commissioner moved to establish a moratorium on lot-size averaging for the area covered by the West End sub area plan. The motion was stated on the record, but the transcript contains no second or recorded vote on that motion. Commissioners also discussed narrower alternatives — for example, adding deed-recording language to clarify that lot-size averaging cannot be used later to justify adjacency or rezoning — and said those changes could be referred to the planning commission for drafting recommendations.

No ordinance text, time-limited duration, or effective date for a moratorium was adopted during the meeting. Commissioners instructed staff to place the lot-size-averaging review on the planning commission calendar so the commission can consider code amendments and return recommendations to the board.