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Planning Commission recommends tunnel‑zone RR‑1 frontage for Love property on South Morgan Valley Drive

2101491 · January 10, 2025
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Summary

The commission voted unanimously to forward a positive recommendation to the county commission to add RR‑1 tunnel zoning (approximately 250 feet deep along the frontage) to the Love rezone application (24.071), after public comment raised concerns about wells, canal easements and community character.

The Morgan County Planning Commission on Jan. 9 recommended that the County Commission adopt a tunnel‑zone rezone along the frontage of the Love property on South Morgan Valley Drive, a legislative recommendation for application 24.071. The commission's motion forwards a positive recommendation to the County Commission to add rural residential (RR‑1) tunnel zoning approximately 250 feet back from the frontage, based on the findings in the staff packet dated Jan. 9, 2025.

Staff said the request concerns about 80.52 acres spanning multiple parcels; the applicant’s submission originally sought RR‑1 zoning, but staff clarified the current request is limited to adding RR‑1 tunnel frontage rather than rezoning the entire acreage. Jeremy, the planning presenter, described the request as adding “tunnel zoning to his property similar to what’s across the street” and noted the change would create a split or “tunnel” zone with a narrow RR‑1 band along the road and the existing A‑20 zone behind it.

Public comment included multiple neighbors who objected to more intensive zoning on the 80‑acre holding or urged caution. Edward Olsen, a neighboring resident, said his well has limited flow and cautioned that adding houses nearby could strain the local groundwater: “There is a water table problem up there if houses are put around.” Gwen Rich, who said she represents nearby Richville residents, said earlier master‑plan work favored preserving the rural character and warned that approval of widespread RR‑1 could set a precedent that changes the community’s character; Richard Wiscombe submitted a written letter repeating those concerns. Farmer Ethan Clark warned of conflicts between future houses and ongoing agricultural operations. Several speakers also asked about a canal that runs across the frontage; staff and legal clarified water‑conveyance rights would be treated as easements and would not be deducted from lot square footage, and any changes would require permission from the canal owner.

Commissioners asked about health‑department lot‑size requirements. Jeremy and other staff noted Weaver Morgan Health Department typically requires between 1 and 1.75 acres for well/septic depending on soils and percolation; staff said Morgan County soils in the area typically make the higher end (about 1.75 acres) more likely. Legal counsel Janet said staff recommendations are intended to reflect whether an application meets applicable code and plan findings rather than a personal policy preference: she said the office has discussed clarifying language in staff materials so they read that an application “meets requirements” instead of saying staff “recommends.”

After discussion Member Bishop moved to forward a positive recommendation to the County Commission for application 24.071 to change A‑20 to RR‑1 tunnel zoning approximately 250 feet back from the frontage along South Morgan Valley Drive; Member Murray seconded. The motion carried unanimously.

The record shows the recommendation is legislative and will be considered by the County Commission. Staff noted that canal easements, health‑department approvals for wells and septic, and road and slope constraints could limit how many buildable lots would result from added RR‑1 frontage; staff also said each future rezone or subdivision request would be judged on its own merits.