Rezoning Process
Learn how the rezoning application will be reviewed, who makes the decisions, and how the public can participate throughout the process.
The proposed rezoning application follows a formal public review process established by Jefferson County. This page explains the governing rules, the review process, the roles of the Planning Commission and Board of County Commissioners, and where residents can provide input as the application moves forward.
What rules govern this application?
Greystone is located in two counties. The pending application has only been filed for the 26 acres located in Jefferson County.
Clear Creek County will get involved if residential treatment services are provided in buildings located on property located in Clear Creek County. The Pavilion is listed on the Clear Creek property tax record, and if it is used for the services, and especially if the psychedelic drug “healing center” will be located there, we would expect Clear Creek County review.
What is the process?
County staff evaluate the application and make recommendations, which are generally taken seriously. The application will go to the Planning Commission, which makes an advisory recommendation after a hearing. Prior to the hearing, staff sends the commissioners a packet including the application, supporting documents, referral comments from agencies like Evergreen Fire and Rescue, the Division of Wildlife, Road and Safety; and letters and emails from the public. At the hearing they will hear testimony from the staff, the applicant, and the public. Their recommendation will go to the board of county commissioners, which will also hold a hearing after receiving a packet of documents and hearing testimony.
Who will decide whether to approve this?
Ultimately the Jeffco Board of County Commissioners will make the decision about the pending application for the 26 acres.
Clear Creek County may or may not defer to Jefferson County, but if it requires an application because there are uses on Clear Creek County property, then its County Board of Commissioners would make the decision for the 30 acres located in Clear Creek.
Who are the Jefferson County Commissioners?
The Jefferson County commissioners through the end of 2026 are Rachel Zenzinger, Andy Kerr and Leslie Dahlkemper. Leslie Dahlkemper is term limited so her seat will be open in 2027. Announced candidates to replace her include Democrat Senator Lisa Cutter and Republican Stephanie Vandenberg. Andy Kerr’s term ends in 2029, but he has announced his candidacy for Jeffco Assessor and if elected, would vacate his seat in 2027. Rachael Zenzinger’s term ends in 2029.
Who are the Clear Creek County Commissioners?
George Marlin, whose second term ends in 2026, Rebecca Lloyd whose first term ends in 2029, and Jodie Hartman-Ball whose first term ends in 2029.
What are the zoning rules in Jefferson County?
The application seeks “Planned Development” zoning, which is used as a flexible tool to accommodate integrated project planning for a development. The applicant is required to file an “official development plan” which specifies how the property will be used.
Where can I find the Jefferson County regulations?
For more information, you can access the Jefferson County Zoning resolution here: https://www.jeffco.us/2460/Zoning-Resolution).
The pertinent chapters are:
Chapter 6: Rezoning and Special Use Process
https://www.jeffco.us/DocumentCenter/View/18086/Section-06-Rezoning-and-Special-Use-Process-PDF
The application seeks Planned Development zoning, and that section is here:
https://www.jeffco.us/DocumentCenter/View/2460/Section-29-Planned-Development-District-PDF
Does that mean any business can be placed anywhere under a Planned Development zoning application?
No, there are state statutory limits on how flexible Planned Development zoning can be. Colorado law, CRS Section 24-67-104 states that any Planned Development zoning must be consistent with the Comprehensive Plan for the location. Court cases (including one in which Jefferson County was the defendant) have confirmed a Comprehensive Plan that generally is only advisory in nature and can be ignored becomes mandatory if the rezoning is for Planned Development. See Canyon Area Residents for the Environment v. Board of County Commissioners, 172 P.3d 905 (2006).
This is required in order to avoid “spot zoning” incompatible uses in a community.
Isn’t Spot Zoning OK under Planned Development zoning?
No, as was explained in the chapter on “Zoning” in Colorado Land Planning and Development Law, Ninth Edition, Donald L. Elliott General Editor A Publication of the Colorado Chapter of the American Planning Association:
“Even if a master plan is considered only an advisory document, zoning that does not conform with the plan may be subject to an attack as ‘spot zoning.’ Spot zoning is prohibited in Colorado on the theory that a local government cannot act merely to benefit a single landowner, but must act to benefit the general public. The test for determining whether a particular action constitutes spot zoning is whether the action is designed to relieve a certain piece of property from zoning restrictions in spite of—rather than in conformance with—the jurisdiction’s comprehensive plan.” (Footnote omitted, see Chapter 4, Planned Unit Developments. Development Agreements.”
What this means is that a Planned Development cannot be spot zoned into a community unless the overall Comprehensive Plan provides for such a use in that location.
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