Elbert County commissioners approve rezoning of 40-acre WF Real Estate parcel to Residential Agriculture

Elbert County commissioners voted to approve a rezoning request for a roughly 40-acre parcel known by Parcel Number 64251-00-023, changing the zoning from Agriculture to Residential Agriculture (RA).

Kelsey Lanham, a planner with Elbert County Community and Development Services, presented the case, identifying the applicant as John Wilson and saying the subject property ‘‘is just over 40 acres in size and is currently zoned agriculture’’ and that the request is to rezone the entire property to RA. Lanham told the commission the only substantive regulatory difference between RA and the adjacent AR district is the minimum lot width requirement (200 feet for RA, 250 feet for AR), while both zones allow 10-acre minimum lots.

Lanham said the application followed county noticing and referral procedures, noting a pre-application meeting in January 2024, a community meeting in March 2024 (one non‑applicant attendee raised no objection), and that the application was deemed complete in August 2024. She reported the Planning Commission recommended approval with conditions at its April hearing, voting 9–0 to forward the item to the BOCC, and that staff’s review found the proposal met the Elbert County Zoning Regulations approval criteria for rezones.

During public comment Beverly Durant, who lives on Kiowa Bennett Road, said she opposed the rezone on the basis that ‘‘traffic in Kiowa Bennett is increasing on a daily basis’’ and raised safety concerns about a curve on Kiowa Bennett Road. Applicant John Wilson said he had ‘‘no statements to make, but I'm happy to answer questions.’’ No other members of the public testified in opposition during the hearing.

The board voted to approve RZ2024-0023. Commissioners called for the standard recording and fee conditions; staff recommended the approval include three conditions: removal of public hearing signs within two weeks of the final decision, completion of fee payments and fulfillment of conditions before the rezone becomes effective, and recordation of required documents within 180 days of BOCC approval. The motion to approve was made during the hearing and carried by voice vote.

Planning staff emphasized that referral agencies reviewed the project, that Elbert County Public Works had no objections, and that a signed fire protection form from the Rattlesnake Fire Department chief was submitted even though the fire district did not return a referral comment. Lanham also stated the rezone ‘‘will not create unreasonable traffic’’ and that ‘‘this rezone will not be detrimental to Elbert County’’ per the zoning regulations’ criteria.

The approval concludes the BOCC hearing on RZ2024-0023; the case will not become effective until the stated conditions are met and the rezone exhibit is recorded.

The commission moved on to other agenda items after closing the public hearing.