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Commission approves Town Center zoning change that lets contiguous owners seek reduced commercial requirement in exchange for public benefits
Summary
The county approved a text amendment allowing contiguous Town Center owners to submit joint conceptual plans and seek reductions to the 35% commercial requirement if the commission finds demonstrable public benefits and enforces phasing and performance standards; residents urged caution about off‑site dedications and loss of future commercial land.
The Morgan County Commission voted to approve a Town Center zone text amendment that allows two or more contiguous Town Center property owners to present a joint conceptual development plan to the commission and, under certain findings, receive a reduction in the default 35% commercial requirement if they provide material public benefits.
Josh (planning staff) and Janet (deputy county attorney) presented the amendment and explained it would be implemented through development agreements that include enforceable performance standards, phasing, and timelines. "If the parties are unable to agree to unit price adjustments for any year, either party may terminate the agreement by giving written notice," county counsel noted as one example of contract language used elsewhere; the amendment’s core is to permit negotiated trade‑offs—more rooftops or different housing types in exchange for trails, parks, public access or other amenities—subject to county commission approval.
At a public hearing, Mountain Green resident Tina Kelly urged caution: "Don't reszone to Town Center if it does not make sense to have commercial in that area," she said, warning that subjective findings could allow reductions that primarily boost residential yield or developer profitability. Commissioners and staff discussed safeguards: required written findings by the commission, non‑entitlement language (approval for one property does not create precedent), and incorporating phasing and clawbacks in development agreements so public benefits must materialize early in the project.
Supporters said the change gives the county leverage to concentrate commercial in appropriate cores rather than scattering small commercial parcels amid residential subdivisions. Commissioner Nickerson said he supported the flexibility but urged future commissions to hold firm on preserving as much commercial acreage as feasible. The commission approved the amendment after minor drafting corrections and direction that legal staff incorporate explicit references to the county commission where the ordinance now referenced "the county."
