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Elbert County approves Cook rezone in Elbert and waives open-space fee for subdivision
Summary
The Board approved RZ2024-2439 to rezone part of a Main Street parcel in the town of Elbert from Commercial to Residential 2, and later granted a waiver of the 4% cash-in-lieu open-space fee for the related split. Planning commission had recommended approval with conditions; staff said infrastructure and water service were adequate.
Elbert County commissioners approved a partial rezoning of a Main Street parcel in the town of Elbert (Case RZ2024-2439) and later granted the applicant’s request to waive the 4% cash-in-lieu open-space fee tied to a minor subdivision. The actions were taken during the same hearing on May 14.
Danny Klebanner, land use planner for Elbert County Community and Development Services, told the board the subject property is roughly 0.58 acres and that about 0.276 acres (approximately 12,000 square feet) is proposed for rezoning from Commercial to Residential 2. Klebanner said the property already contains an existing residence on the western portion and a vacant former commercial pad on the east. Referral agencies reviewed the application, including Elbert Fire, Mountain View Electric Association, Colorado Division of Water Resources and Elbert Water and Sanitation District; the county said no outstanding infrastructure objections remained.
The planning commission had recommended approval with conditions, 5-1, and requested an updated sign-posting affidavit. Klebanner said the sign affidavit and other referral comments were addressed before the board hearing. Staff concluded the proposal met the approval criteria in Albert County zoning regulations Article 3.C.4 and that Residential 2 zoning would be compatible with surrounding uses in the community of Elbert.
Applicant Oliver Cook described the property’s history: a residential lot with a single-family home and an adjacent commercial parcel that formerly housed a Skelly service station. Cook said he demolished the old commercial structure because it was unsafe and that the current filing corrects an historical platting inconsistency. He formally requested the county waive the cash-in-lieu open-space fee for the minor subdivision, saying the split does not expand development or increase open-space demand.
One commissioner urged caution about setting a precedent for fee waivers; another said the cash-in-lieu in this case would not create additional demand for open space and made a motion to grant the waiver. The board voted to approve the Cook rezone with the stated conditions and later approved the waiver; both motions were carried by the board.
Conditions and next steps: the developer must remove public-hearing signs within seven days, satisfy any conditions and fees, and record the rezone exhibit and related documentation within the county’s required timeframes. County staff said information provided by Elbert Water and Sanitation District and the Division of Water Resources during the referral process will improve future applicant guidance in the community of Elbert.
The board closed the public hearing after the votes.
