Elbert County to consider 40-acre rezone near Kiowa for possible four-lot subdivision
The Maciunskas trust wants to change the zoning to allow future 10-acre lots, but a separate application would be required to create them.
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Elbert County’s Planning Commission is scheduled to consider a request Oct. 20 to rezone 40 acres near Kiowa from Agriculture to Residential Agriculture, which allows a minimum lot size of 10 acres. The zoning change alone would not create lots or approve a subdivision.
The Maciunskas trust’s application describes a possible four-lot subdivision on part of a larger property along County Road 33. The trust says it wants to raise funds while retaining the rest of the property. No subdivision application has been filed; the trust would need to apply separately if the rezone is approved, [the application materials explain](https://elbertcoco.api.civicclerk.com/v1/Meetings/GetAttachmentFile(fileId=10112).
The Planning Commission hearing is set for 6 p.m. at the Elbert County Agriculture Building, 95 Ute Ave. in Kiowa. County commissioners are scheduled to hold a separate hearing there Nov. 10 at 9 a.m. Written comments for the commissioners’ hearing are due Nov. 3, [the county’s public notice says](https://elbertcoco.api.civicclerk.com/v1/Meetings/GetAttachmentFile(fileId=10118).
At a March 9 community meeting, attendees raised concerns about water demand and traffic on County Road 33. County planning staff said a traffic study was not required and that environmental and septic issues could be reviewed during later permitting. Staff found the proposal generally consistent with the county’s comprehensive plan and potentially compatible with nearby uses; its report also said referral agencies had no remaining objections after the applicant made requested revisions, [according to the staff report](https://elbertcoco.api.civicclerk.com/v1/Meetings/GetAttachmentFile(fileId=10136).
Water adequacy for any future subdivision has not been determined. In a June referral, the State Engineer’s Office said it needed more information, including estimates of water demand and clarification about the existing well permit, [the referral materials show](https://elbertcoco.api.civicclerk.com/v1/Meetings/GetAttachmentFile(fileId=10113). An Aug. 25 letter from the Colorado Division of Water Resources said its review of the rezone was cursory and informal and did not assess water adequacy for future lots; the state would review that question if a subdivision application is referred. The letter also said the rezone itself would not affect the property’s existing water supply, [the state said](https://elbertcoco.api.civicclerk.com/v1/Meetings/GetAttachmentFile(fileId=10114).