Planning commission approves two‑lot Chapel Of State preliminary subdivision with wellhead protections

Eastern Summit County planning staff presented the Chapel Of State preliminary plat, a proposal to divide a 36.06‑acre parcel just east of Colville on East Chalk Creek Road into two lots of about 17 and 19 acres. Staff recommended approval of the preliminary plat with conditions addressing water rights, percolation (PERT) testing, wetland delineation at the building‑permit stage, right‑of‑way and survey requirements and a plat note flagging a recorded wellhead‑protection easement.

"Before you is the application for the Chapel Of State subdivision preliminary plat," staff member Elizabeth told commissioners and described the parcel’s constraints: a Clough Ward water district wellhead with a 750‑foot radius protection zone, an underground gas storage easement and a floodplain running along Shaw Creek. During the public hearing, Doug Moore, president of the Clough Ward water system and an adjacent property owner, warned that the original family agreement describes a 1,500‑foot diameter protection area and urged that the plat and title report correctly reflect recorded easements to avoid violating Division of Drinking Water rules.

Commissioners pressed staff and the applicants on sequencing: applicants said they do not intend to build now and are seeking only to divide family property, while staff and several commissioners emphasized that county code treats a recorded subdivision as creating buildable lots and requires evidence of septic feasibility (PERT tests) prior to final plat recordation. Commissioner questions also centered on whether the newly created lots could be further subdivided under AG‑5 density rules; staff said a future subdivision would need to comply with wellhead setbacks, easements, and service‑provider standards and may be difficult given existing constraints.

After discussion, Commissioner Bridgette moved to approve the preliminary subdivision subject to the findings of fact, conclusions of law and the conditions listed in the staff report; the motion was seconded and carried by voice vote. Staff will add plat notes citing the recorded wellhead protection easement and require percolation testing, service‑provider signoffs, and wetland delineation (at the building‑permit stage) as conditions before the final plat can be recorded.