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Residents and commissioners press developer to follow code for Cottonwood Estates; groundwater, drainage and secondary water source raised
Summary
At a July 8 Franklin County Commissioners meeting, residents and the county pressed the developer of Cottonwood Estates to follow the Development Code on road access and raised concerns about drainage and groundwater; a caller urged rescinding preliminary plat approval and an emergency moratorium on subdivisions without secondary water sources.
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Commissioners of Franklin County on July 8 reviewed a conceptual plan for Cottonwood Estates and urged the developer to follow the county Development Code after residents raised drainage and groundwater concerns.
Sam Smith, the developer, and Brian Allen, land surveyor, presented a conceptual layout that would use a private road serving multiple lots with a locked gate between lots 9 and 10 to allow emergency access and snow removal. Planning and Zoning staff and the board said county rules require a private road serving more than three lots to be a public road or to include other features — such as roundabouts — required by the Code.
“Follow the Code and make the road a public road or provide the roundabouts,” Commissioner Dirk Bowles said, instructing the developer to return to Planning and Zoning with revisions.
Nearby resident Kevin Larsen told the board the proposed road sits in a ravine and said runoff could reach his pond; he also said he did not receive mailed notice about the subdivision because the notice was returned for an incorrect address. County staff said septic-system tests for the subdivision have been completed and that state approval for the systems has been obtained, while the Road Department described planned surfacing and transition work for 2200 East.
Darron Kelley, appearing by phone, asked the board to rescind Planning & Zoning’s preliminary plat approval, reduce the number of lots from 11 to five and urged an emergency moratorium on new subdivision approvals that do not provide a secondary water source. Kelley also asked the county to assign legal and engineering support to Planning & Zoning. Kelley said he “just wants a road that won’t get mud all over his truck and to guarantee his well won’t dry up.”
Troy Moser, the county’s representative on road engineering matters, said the developer is responsible for road upgrades and that planned improvements include an all-weather surface, with negotiations underway on adjacent sections. Commissioners noted a 2000 Groundwater Study was a recommendation that has not been implemented and said, for the immediate plan, the developer must comply with existing Code provisions.
No formal vote to rescind the plat was recorded; staff directed the developer to return to the Planning & Zoning Board with plans that meet the county’s requirements. The Planning & Zoning Board will continue consideration with the clarification provided by the Commissioners.
