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Planning commission recommends Cook rezone in Elbert with conditions; one commissioner objects over notice
Summary
The commission recommended approval of Oliver Cook’s partial rezone of a commercial lot to Residential-2 in the town of Elbert, subject to standard recordation and permit conditions; one commissioner voted against the recommendation because of notice affidavit concerns.
The Elbert County Planning Commission on April 1 forwarded a recommendation of approval to the Board of County Commissioners for the Cook rezone (RZ-2024-439), which would convert approximately 0.276 acres of a commercial lot on Main Street in the Town of Elbert to Residential-2.
Planner Danny Klebanner presented the application for Oliver Cook, who is the applicant and owner. The parcel sits in the built environment of the Town of Elbert and contains an existing residence at the rear; the applicant proposes rezoning the front portion of the lot from commercial to R-2 while retaining commercial zoning for the remaining portion. Planning staff recommended approval with conditions that include removing public-hearing signs within seven days of a BOCC decision and recording required documents within 180 days of BOCC approval.
Referral agencies and staff confirmed there were no outstanding objections; planning staff noted earlier packet assembly issues and apologized for a staff-side affidavit error that affected several cases on the agenda. Commissioners asked about water supply; staff said the property is served by Elbert Water and Sanitation District and that Division of Water Resources correspondence had been addressed by providing additional documentation.
Commissioners voted to recommend approval with the standard recording and permit conditions. One commissioner recorded a dissenting vote, citing the same notice/affidavit irregularity the commission had raised for other agenda items earlier in the meeting; the dissenting commissioner asked that corrected affidavits be included in the BOCC packet. Staff confirmed they would include any corrected affidavits and required documents in the BOCC packet.
