Planning commission pauses Goodman rezone to May 6 amid notice, documentation and water questions

The Elbert County Planning Commission on April 1 continued the Goodman rezone (RZ-2023-00026) to the Board of County Commissioners meeting on May 6, 2025, citing missing notice affidavits, incomplete packet materials and outstanding technical questions about water and referral responses.

The rezone application, presented by Kelsey Lanham of the Elbert County Planning Department, seeks to change Parcel Number 64254-00-002 (about 40 acres) from Agriculture to Residential Agriculture to allow future development of 10-acre lots after an assessor-driven subdivision. Applicant Catherine (Cathy) Goodman told the commission she and her partner have taken the steps staff requested and that they plan to relocate to the county and live on the property.

Commissioners said they were unwilling to forward a recommendation to the BOCC without complete and verifiable notice records and additional documentation from referral agencies. Commissioner Nicole Hunt flagged that a community meeting occurred in August 2023 and noted the lengthy interval since then: "that’s been a year and 8 months, which is quite a long time," she said, and argued a second community meeting or clearer noticing might be warranted to protect neighbors’ due-process rights. Staff told the commission that county legal required re-noticing after the county closure for the March hearing and that some physical referral comments were provided to commissioners the night of the meeting because of packet-transfer technical issues.

Kelsey Lanham read staff’s findings that the application meets the approval criteria in Article 3 C 4 of the Elbert County Zoning Regulations and said "staff recommends approval with conditions of the Goodman rezone," but commissioners focused on process items. Commissioners requested corrected and verifiable affidavits showing the signs and mailed notices complied with the regulations, a current certified mailing list of property owners used for notice, and clarity on which zoning amendment and standards (Amendment 4 vs. Amendment 5) governed the dossier. Several commissioners also asked that Public Works and the county engineer confirm whether the applicant’s January 2023 final drainage report meets the county’s current construction standards.

Referral agencies’ comments were discussed. The Colorado Division of Water Resources (CDWR) comment in the packet flagged that Denver Basin aquifer water supplies may not last the 100–300 years sometimes used for allocation and recommended the county consider whether renewable water resources should be required for subdivisions. Staff said applicants had been working with the division and county engineers on water matters but deferred to applicants for technical back-and-forth details. The applicant acknowledged earlier contractor problems building the internal road, which contributed to delays and an added referral cycle, and told commissioners the road was ultimately built and inspected.

After discussion, the commission voted to continue the Goodman rezone to May 6 so the applicant and staff could correct and re-submit missing or unclear materials (affidavits, mailing list, packet attachments) and close any outstanding referral questions. The conditions discussed include reissuing notarized affidavits consistent with the sign-posting requirements and providing any post-referral letters from external agencies that the commission did not receive in the digital packet.

The continuation pauses any formal recommendation to the BOCC until the record is complete. According to staff, the rezone will not become effective until fees are paid, conditions of approval are met and the rezone exhibit is recorded if the BOCC approves in the future.