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Douglas County approves waiver for central water/sewer for Franktown coffee shop; conditions attached
Summary
The Board approved a waiver to allow a drive‑through coffee shop at 2006 Kelty Road to use an existing exempt well and on‑site septic, subject to site improvement plan completion, limits on increased water demand, and fulfillment of written commitments by the applicant.
The Douglas County Board of County Commissioners voted unanimously to grant a waiver of the zoning resolution’s central water and sanitation requirement for a proposed drive‑through coffee shop at 2006 Kelty Road in Franktown, allowing the use of an existing exempt well and an on‑site wastewater treatment system (OWTS) subject to three staff conditions.
Planning staff presented the application (project file SP2024‑081) and described the waiver standard in Section 122 of the Douglas County Zoning Resolution, which allows exceptions where criteria are met. Staff’s recommended conditions for approval were: (1) all other standards, requirements and permits associated with the site improvement plan (SIP) must be met prior to final approval; (2) any future site changes that increase water demand will require a subsequent waiver; and (3) any commitments made by the applicant in meetings or in writing that the board relied on must be satisfied as a condition of approval.
The applicants, Brandon and Heidi Messer, were represented by counsel Caroline Young Henry and presented materials showing the property currently has a well permit (Division of Water Resources permit 336476) that authorizes commercial use and documentation that the Douglas County Health Department had no objection to continued use of the existing OWTS pending evaluation by a certified septic designer. Representatives also said the parcel is not currently within feasible distance of centralized utilities and that the Franktown sub‑area plan recognizes properly managed septic systems as an acceptable wastewater management tool in limited rural commercial development.
County staff and referral agencies reviewed the application. Parker‑area referrals and the Division of Water Resources and the Douglas County Health Department provided comments or “no objection” language on the record, and county technical review will continue as part of the SIP process. Commissioners asked about unpermitted paving placed on the site and outstanding easement or access agreements with an adjacent property; staff and the applicants said the SIP will resolve retrospective permit issues and an easement agreement remains under negotiation.
Commissioners who spoke in deliberation expressed reservations about applicants constructing improvements before obtaining permits and noted public‑safety and access questions tied to State Highway 86 and Kelty Road but said those technical issues are addressed through the SIP review. The board approved the waiver with the three staff conditions.
Under the approval, the Messers must complete the SIP process, obtain any outstanding permits and easements, maintain water use within the parameters of the well permit, and have any increased demand reviewed through an additional waiver if necessary.
