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Planning commission dismisses Colliers’ 6‑lot minor‑plat petition after HOA disputes over road access and maintenance
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Summary
Morgan County planners dismissed petition MIP 25‑15, a proposed six‑lot subdivision by Rodney and Rebecca Collier, after the Legendary Hills HOA raised concerns about enforcement, road restoration and how dues would be collected; the applicants offered to have new lot owners pay an equitable share (the HOA’s current $159 quarterly rate was cited) but the commission voted to dismiss and allow resubmission after three months.
The Morgan County Planning Commission dismissed petition MIP 25‑15, a request by Rodney and Rebecca Collier for a six‑lot minor plat on roughly 31 acres at 2021 Deer Lake Drive, after neighbors and the Legendary Hills homeowners association raised unresolved questions about street access and maintenance payments.
Ross Draublick of Draublick Survey and Engineering, representing the Colliers, told the commission the plat proposes private streets served with water and sewer and that the primary issue was whether the developer could lawfully access Legendary Drive or Deer Run. Draublick said the applicants’ October 17, 2025 proposal offered that new lot owners would “agree to pay an equitable share of the use of the roads of the association in the same amount as every lot owner in the association would pay.”
During public comment the vice president of the Legendary Hills homeowners association said the HOA rejected an applicants’ letter dated Dec. 19, 2025 because it lacked sufficient detail and had “no way of enforcing” payments. The HOA speaker asked for language ensuring the association could collect dues or assessments, that construction would not leave the HOA with unfinished restoration work, and clarity about how creating a separate HOA for the six lots would interact with existing dues and assessments.
Resident Don Sockley urged the commission to require the parties to agree on enforceable terms rather than approve the plat and hope the parties reach an accommodation later. Neighbor Josh Jones told the commission he could see existing road beds on aerial imagery that might allow access without using Legendary Hills streets.
After the public‑hearing portion was recessed and later reopened, counsel for the applicants said the Colliers would accept the stipulations in the HOA’s Dec. 19 letter and asked the commission for a conditional approval plus 30 days to finalize legal language. Commissioners noted the petition first began in August and had been continued multiple times. One commissioner cited local rules that permit dismissal after repeated continuances and expressed skepticism that attorneys could finalize enforceable language within 30 days.
A member moved to dismiss petition MIP 25‑15; the motion was seconded and approved by voice vote. The commission recorded that the applicants may resubmit after three months. No detailed roll‑call vote was recorded in the transcript; the dismissal was carried by the commission’s voice vote.
What’s next: the Colliers may return to the planning commission after the three‑month period with negotiated legal language or a revised access plan. The commission left on the record that applicants should resolve enforceability of payments, road‑restoration protections and the precise mechanism for shared use of Legendary Drive before seeking approval.
