Commissioners remand Mill Creek plat amendment over wells, septic and plan-amendment questions

The Jefferson County Board of County Commissioners discussed an amended plat proposal for Mill Creek on Jan. 12 that would change the subdivision’s original central water system requirement to individual wells and septic systems.

Planning staff and commissioners reviewed a DEQ NP study submitted by the developer and noted that DEQ had provided written comments; planning staff and legal counsel debated whether the proposed change constituted a plan amendment requiring a full planning and zoning (PNC) process. Staff also raised technical questions about septic separations, availability of secondary water from the Rudy Canal, and future connectivity to municipal water should service extend that far.

Developer counsel Ryan Jacobson told the board the developer had purchased options to secure water rights in the future and that they had pursued DEQ approval for private systems and NP study recommendations. Commissioners and staff expressed concern about small lot sizes (0.6-acre lots in some areas), long-term water reliability and whether amended plats could be grandfathered under proposed state legislation.

Given technical uncertainty and counsel's recommendation, the board declined to take final action at the meeting and remanded the application back for additional review (including potential PNC process steps and follow-up with county counsel and staff). The board asked the developer to work with planning staff and county counsel (Chase) to determine the appropriate procedural path and to return with clarifying information.