Commission split over Shaw rezone; recommends approval to BOCC with contingencies after residents raise road, water and notice concerns

At its April 1 meeting the Elbert County Planning Commission voted to forward a recommendation to the Board of County Commissioners to approve the Shaw rezone (RZ-2024-2571) with contingencies, after extensive public comment and commissioner questioning about road conditions, water supply and whether required packet documents and notices were complete.

Planner Danny Klebanner presented the application for the 40.096-acre Shaw parcel located near County Road 5 (addressed in staff materials as 25715 County Road 5). Klebanner said the Division of Water Resources had reviewed the proposed water supply and deemed it adequate, and that public‑works referrals concluded the projected additional trips would not unreasonably burden the roads. Staff recommended approval with standard conditions, including that driveway permits and building permits require signoffs from Public Works and the building department.

Several neighboring residents spoke during public comment, urging caution. Joe Pepper, whose property touches the Shaw parcel, and others described an existing narrow, elevated dirt road that has been the site of vehicle rollover incidents and asked whether additional lots would worsen wear and raise safety risks. Residents also questioned long-term aquifer sustainability and pointed to CDWR language saying the state engineer’s office had not received enough information in one letter to render a final opinion on adequacy without additional data.

Commissioners probed the packet for required documents. Commissioner Nicole Hunt and others pointed to missing or inconsistent affidavits and mailing lists and said the long interval between the community meeting (August 2022) and the hearing (April 2025) raised due-process concerns for residents who may not have been aware of the pending rezone. The commission discussed whether traffic and drainage reviews were properly documented and whether Colorado Geological Survey recommendations about slope setbacks and site-specific soil/foundation investigations needed to be addressed as conditions before building permits.

After deliberation the commission voted to recommend approval to the BOCC with contingencies that staff supply any missing documents for the BOCC packet, clarify mail-notice lists and sign-posting affidavits, and ensure geological and water referrals are closed or that appropriate conditions are attached. The roll-call recommendation recorded four votes in favor and two opposed. Commissioners voting to recommend approval emphasized that many referral comments had been addressed in staff review, while dissenting commissioners cited incomplete noticing and packet attachments as the basis for a negative recommendation. The BOCC will receive the commission’s recommendation and the supporting record for its decision.