Elbert County commissioners approve Shaw rezone for 40-acre parcel despite resident concerns about roads, water and airport noise

The Elbert County Board of County Commissioners on an advertised motion approved the Shaw rezone (case RZ2024‑2571), which rezones a 40.096‑acre parcel at 25715 County Road 5 from agricultural to agricultural‑residential.

The rezoning was approved with the conditions recommended by the planning commission, including submitting a title commitment, a corrected signposting affidavit and recording the rezone exhibit and associated documents within 180 days. The rezone will not be effective until fees are paid and conditions are met.

The planning and staff presentation said the site, about six miles west of Elbert and roughly one mile east of the Elbert‑Douglas county line, would be split to create two new roughly 10‑acre lots while the landowner would retain approximately 20 acres with the existing dwelling. Danny Kilborn, land use planner with the Community and Development Services Department, said the Division of Water Resources reviewed the applicant’s augmentation/water plan and deemed the proposed water supply adequate. Kilborn summarized the planning commission’s April hearing and said the commission voted to recommend approval with conditions (four yes, two no).

Neighbors attending the county hearing urged the board to delay approval or require additional studies. Dee Valdez Pepper, who said she lives at 25134 County Road 5, told commissioners traffic on County Road 5 has “tripled” since before the pandemic and described several road‑edge incidents. She asked, “At what point will the road be improved?” and urged a larger notification radius for rural rezoning applications.

Joe Pepper, who said he owns the property diagonal to the proposed parcel, asked for a broader look at groundwater and aquifer impacts if many nearby 40‑acre parcels are subdivided into smaller lots. “Where is the aquifer study?” he asked, saying cumulative draws from multiple subdivisions should be studied together.

Ben Duarte, who identified himself as a resident of Kelly Airpark, told the board that Kelly Airpark is “a Federal Aviation Administration‑sanctioned airport” and said increasing nearby residential density has produced repeated noise complaints against the airport. He warned further subdivision could “squeeze Kelly Airport out of here” by increasing the number of residents who might complain and pressure flight patterns.

County staff said notice requirements were followed using a 1,320‑foot (quarter‑mile) radius, posting in the Ranchland News, and on‑site signage. Kilborn acknowledged that a previous radius report in the application contained outdated ownership data and that staff used a more current radius report for the formal noticing. Public works staff reviewed the proposal and estimated the creation of two lots would add about 12 average daily vehicle trips and did not identify required road improvements.

Commissioners discussed the neighborhood concerns at the dais and noted the county is reviewing its noticing radius and related language for larger subdivisions. One commissioner moved to approve the rezoning “with the conditions as presented.” The motion passed; the record reflects the motion carried with a majority and one recorded “no.”

The rezone approval includes these conditions: removal of public hearing signs within seven days of decision; payment of all required fees before the rezone becomes effective; and recordation of the rezone exhibit and related documentation within 180 days of the board decision.

The applicant, Tracy Aaron, said the landowner likely will retain the 20‑acre parcel with the existing residence and may sell only the front 10‑acre lot; she said personal circumstances that prompted the original application have changed and the owner is not in a rush to develop. Commissioners noted the planning commission had required a corrected signposting affidavit, which staff added to the agenda packet before the hearing.

Votes at a glance: the board approved RZ2024‑2571; the public record lists a majority in favor and one dissenting vote. The transcript does not assign each recorded vote to specific commissioner names.

The rezone will not take effect until the conditions are completed and the rezone exhibit is recorded. Any future subdivision or development will be subject to building permit, septic review, and additional site‑specific requirements such as driveway construction to Elbert County Public Works standards.