Commission recommends town-center code text amendment with edits to emphasize coordination and discretion

The Morgan County Planning Commission recommended April 9 that the county commission adopt a town-center zone code text amendment that would allow coordinated planning between adjacent property owners and create a discretionary pathway to reduce the 35% commercial allocation in exchange for demonstrable public benefits.

Planner Janet, who drafted the amendment under direction from the county commission, told the panel the draft contains two primary features: (1) a joint conceptual development-plan mechanism to encourage coordination between adjacent town-center properties; and (2) criteria allowing the county to evaluate a reduction in the required 35% commercial allocation where a developer commits to public benefits such as public dedications, enhanced infrastructure, parks or trail corridors and appropriate phasing and development agreements.

Commissioners raised concerns that criteria such as 'substantial evidence' and 'public benefit' can be subjective, and one commissioner said he did not want the county to create an entitlement for reductions. Several commissioners agreed the county needs clear protection in the language; Janet and others noted the draft expressly states reductions are discretionary and site-specific.

During the public hearing, Tina Kelly of Mountain Green said the county commission should not have re-zoned property to town center that the planning commission previously rejected and flagged draft language she found unclear, including the treatment of "eligible public benefits" and an unrelated geo-hazards excerpt she found in the packet. Brandon Green of Flagship Homes, representing a developer in the area, said his firm's plan meets the town-center code but that the developer would prefer more single-family housing and would be willing to provide public benefits (land for fire-department expansion, open space and trails) in exchange for a reduced commercial allocation.

Member Taylor moved to recommend approval to the county commission with an amendment under subsection 4 (joint conceptual development plan) changing the language to say the county "may request coordinated planning" among affected properties and removing the written-findings requirement; Member Watt seconded. The motion carried unanimously.

The proposed code text amendment, as modified by the commission, will be forwarded to the Morgan County Commission for consideration. Staff will return with final red-line language reflecting the edits the commission requested.