Elbert County planning commissioners recommend rezoning 35-acre Cheyenne Trail parcel amid neighbors' water and bridle-path concerns

The Elbert County Planning Commission on June 17 recommended that the Board of County Commissioners approve a rezoning request (case RZ2024-3550) for a 35-acre property at 35501 Cheyenne Trail, changing the parcel from Agriculture to Residential Agriculture (RA). The planning commissioners voted 7–1 to send the recommendation with conditions including additional signage at a bridle crossing, Road and Bridge inspections before driveway permits are issued, and corrections to incomplete application documents.

Planning staff presented the application and said the Division of Water Resources had approved an augmentation plan for the site’s wells in the Upper Dawson system and that referral agencies, including the Elizabeth Fire Protection District and Elbert County Office of Emergency Management, raised no objections on service provision. “This proposed rezoning is consistent with the goals and policies of the Elbert County comprehensive plan,” planning staff said in the presentation.

The applicant, identified in the record as Matt Prowett, asked commissioners to approve the rezoning; he told the panel the proposed minor plat is not before the commission tonight and that the rezone would simply allow for the Residential Agriculture development standard (lots sized to a 10-acre minimum under RA).

Neighbors who spoke during public comment opposed the rezone. Kyle Schultz, who lives in the Pawnee Hills subdivision, told commissioners the access for the rezone would be through Pawnee Hills and that the unpaved road is “so rutted and dirt” that more traffic would cause safety and maintenance problems. He also said the proposed new lots would cross a community bridle easement and asked the commission to “deny the rezoning.” Sarah Bergey, who said she bought a neighboring 35-acre lot in April, said she opposed the split of the larger parcel into smaller lots because of traffic, water use and potential property-value impacts.

The applicant and staff replied to the public comments. The applicant said the Division of Water Resources vetted and approved the applicants’ augmentation plan and that the plan includes irrigation allowance for the three proposed lots. Staff explained Pawnee Hills’ bridle path lies largely on Pawnee Hills property adjacent to the county road and that Road and Bridge controls signage on county roads; staff and commissioners discussed a likely requirement for a horse/pedestrian crossing sign at the entry.

Commissioners discussed several issues before voting, including incomplete or unclear items in the rezone exhibit and supporting packet: unsigned or partially completed notarized authorization forms, missing dates on proof-of-access letters, inconsistencies in owner names on the exhibit, and whether required drainage/traffic documents were present in the packet. Commissioners required the applicant to correct documentation before the Board of County Commissioners hearing. The commission also added conditions that the applicant coordinate Road and Bridge inspections prior to driveway permits being issued and install signage for the bridle crossing if access runs adjacent to the bridle easement. One commissioner requested that well permit work “bypass the Lower Dawson and enter into the Arapahoe” as a condition (language recorded from the motion).

The commission recorded a roll-call vote with seven commissioners voting to recommend approval and one voting no. The file and staff report list the next hearing as a Board of County Commissioners hearing scheduled for July 23.

What’s next: The Planning Commission’s recommendation and the applicant’s revised documents will go to the Board of County Commissioners on the scheduled hearing date. The rezone will not become effective until fees are paid, conditions are met and the rezone exhibit is recorded, per the standard conditions noted by staff.

Ending: The commission’s recommendation included both staff-recommended conditions (recordation, fees, removal of signs, and recordation deadlines) and additional conditions requested on the record by commissioners to address bridle-path signage, Road and Bridge inspections before permit issuance, and completion of the application packet. The Board of County Commissioners will consider the recommendation at its July hearing.