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Commission recommends Cook rezone in Albert from commercial to R‑2; one commissioner objects over notice

5475691 · April 1, 2025
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Summary

The commission recommended approval of the Cook rezone to Residential‑2 for about 0.276 acres in the Town of Albert, noting required conditions; one commissioner opposed citing notice nonconformity in the packet.

The Elbert County Planning Commission voted to recommend approval of the Cook rezone, which would change roughly 0.276 acres at 24395 Main Street in the community of Albert from Commercial to Residential‑2 (R‑2), while retaining the remaining parcel as commercial.

Planner Danny Klebanner told the commission the property contains an existing residence to the rear and a vacant commercial frontage on Main Street. Staff recommended approval with conditions, including removing public‑hearing signs within seven days of the Board of County Commissioners decision and recording the rezone exhibit and related documents within 180 days if the BOCC approves.

Applicant Oliver Cook told the commission he had long received tax notices that split the parcel’s uses and that the rezone would formalize a division the assessor and community had effectively treated as two uses. Referral agencies reviewed the application; earlier questions from the Division of Water Resources were resolved after Albert Water and Sanitation District provided updated documentation, staff said.

The commission voted to recommend approval and forwarded the conditions in the staff report to the BOCC. One commissioner voted no and asked that the packet’s sign‑posting affidavit and notice materials be reviewed because she believed notice language and notarization did not conform to the zoning regulation template; staff said it would include required affidavits and documentation in the BOCC packet.