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Commissioners approve Cook rezone in Elbert and waive open‑space fee for historic lot split
Summary
The board approved rezoning half of a 0.58‑acre Main Street parcel in the community of Elbert from commercial to Residential‑2 (RZ2024‑2439) and granted the applicant’s request to waive the cash‑in‑lieu open‑space fee, citing the parcel’s historic configuration and modest change.
Elbert County commissioners voted to approve the Cook rezone (case RZ2024‑2439), changing approximately 0.27 acres of a 0.58‑acre lot at 24395 Main Street from commercial to Residential‑2, and approved a request from the applicant, Oliver Cook, to waive the county’s cash‑in‑lieu open‑space fee for a minor subdivision tied to that rezone.
Danny Kilborn, land use planner, told the board the property sits in the community of Elbert and historically contained a residence and a commercial pad; Kilborn said delays in processing were mostly due to obtaining updated information from the Elbert Water and Sanitation District and the Division of Water Resources. He said the planning commission recommended approval with conditions (five yes, one no) and that the required corrected signposting affidavit had been added to the agenda packet.
Kilborn and the staff report found the proposed limited rezoning met the six criteria in the Elbert County Zoning Regulations, Article 3.C.4: conformance with the comprehensive plan, compatibility with surrounding uses, lack of adverse impacts to public services (the parcel is served by Albert Water and Sanitation per the record), minimal environmental impact, no unreasonable traffic burden on Main Street, and no detriment to public health, safety or welfare.
Applicant Oliver Cook told the board he owns the property at 24412 Main Street and intends to formalize the division of the historic combined residential/commercial lot. Cook said the commercial building had been demolished and he applied for a minor subdivision; he requested waiver of the 4% cash‑in‑lieu fee because the split reflects historic lot lines and does not create additional lots or increase demand for open space.
Commissioners acknowledged concerns about precedent when waiving fees but approved the waiver, noting that the split does not expand density or require additional open‑space mitigation. One commissioner said the situation appeared unique and different from typical fee waiver requests. The board approved the rezone with the planning commission’s conditions: removal of public‑hearing signs within seven days, fees paid before effectiveness, and recording of the rezone exhibit and documentation within 180 days.
Votes at a glance: the board approved RZ2024‑2439 and separately approved the applicant’s request to waive the cash‑in‑lieu open‑space fee. The transcript records motions, seconds and a unanimous voice vote for the rezone and the waiver; it does not assign individual recorded votes to named commissioners in the public transcript.
Because the parcel is in the community of Elbert and is already served by water infrastructure per referral responses, staff said they do not anticipate required public‑works improvements for the limited rezoning. Any future development will still require standard building‑permit and septic reviews and compliance with county standards.
