Montezuma County planning commission recommends approval of several permits, subdivision amendments

The Montezuma County Planning and Zoning Commission, meeting in the Commissioners Meeting Room in Cortez, recommended approval to the Board of County Commissioners for a high-impact permit and multiple subdivision and rezoning applications and approved its May meeting minutes.

The commission voted unanimously, as to those present, on each formal recommendation. The items included: (1) a high-impact permit application for Lampost Creative Learning Center, (2) a subdivision amendment and rezoning for Lot 1 of the Laughing Bear Orchard Limited Moderate Subdivision, (3) a subdivision amendment and concurrent boundary-line adjustment for the Pinion Perch subdivision, and (4) a single-lot development and AR-10 to AR-34 rezoning application for property owned by Joe and Joanne Benson. The commission also approved the planning and zoning minutes for May 15.

Why it matters: Each recommendation sends the item to the Board of County Commissioners for final approval or denial; the actions affect future land use, access and services for the properties and set the record for public notice and comment.

Detailed actions and outcomes

- Approval of May 15 minutes: The commission approved the minutes for the May 15 meeting following a motion and second; the chair called the vote and Commissioners Hernandez, Saunders and Lynch each voted "aye." The motion carried unanimously for those present.

- Lampost Creative Learning Center — High-impact permit (32233 Highway 160, Cortez): The applicant submitted a high-impact permit application for a nonprofit creative learning center to use an existing building and site on approximately 65.22 acres north of Highway 160. Planning staff reported that Colorado Department of Transportation (CDOT) holds an access permit for the property and had no objection, and Montezuma Water Company indicated an 8-inch main exists north of Highway 160 and current water service is in place. Commissioners asked about an apparent mislabeling of responses on the application related to noise; the applicant replied that they intended to confirm compliance with existing expectations and that numbering on the form may be incorrect. No members of the public offered comment. The commission moved to recommend approval to the Board of County Commissioners, finding the proposed use conforms with the land-use code, will not generate significant adverse impacts on neighboring properties, and utilities are or can be made available; the motion carried 3–0 (Hernandez, Saunders, Lynch voting aye). The application will proceed to the Board of County Commissioners for final action.

- Laughing Bear Orchard — Subdivision amendment and rezoning (14757 Road 26): Applicants proposed dividing an 11.89-acre Lot 1 into an 8.89-acre parcel and a 3-acre parcel, creating a three-lot moderate subdivision. Planning staff reported surrounding uses are agricultural and residential and that infrastructure exists from the original subdivision. The applicant said covenants reserved the right to create an additional lot and that the split was anticipated. No public comments were offered. The commission voted to recommend approval to the Board of County Commissioners on the basis the proposal conforms with the code, will not create significant adverse impacts, and utilities are or can be made available; the motion carried 3–0.

- Pinion Perch subdivision and boundary-line adjustment (13699 Road 32.4 and 32289 Road P, Mancos): The proposal was to divide a 21.16-acre Lot 1 into an approximately 17-acre and a 3.5-acre parcel and to complete a boundary-line adjustment portion to provide a neighboring property enough acreage to meet the county's 30-foot minimum setback. Planning staff noted utilities and drive access already exist; commissioners requested and staff displayed a sketch of the proposed adjustment. No members of the public spoke. The commission recommended approval to the Board of County Commissioners, finding the proposal conforms to code and will not cause significant adverse impacts; the motion carried 3–0.

- Joe and Joanne Benson — Single-lot development and AR-10 to AR-34 rezoning (15248 Road 22, Dolores): The applicants proposed creating a single-lot development of roughly 10–12 acres with the remainder of the parcel retained as a larger lot. Planning staff noted the property has two existing driveway permits to County Road 22 and a second access off State Highway 491; CDOT advised the property owner should use County Road 22 as the primary access and that the access to Highway 491 would need to be closed through a CDOT access permit. During public comment, Bryson McCabe identified himself as legal counsel for clients who hold a deed of trust on the property and stated the property is in foreclosure and that a public foreclosure auction was recorded with a notice dated May 19, 2025; he registered concerns that subdivision could affect irrigation allocations and value. Planning staff and the commission confirmed the planning commission's role is to recommend; the landowner has contacted CDOT regarding access comments. The commission recommended approval to the Board of County Commissioners, finding conformance with the code and availability of utilities; the motion carried 3–0.

Procedure and next steps: Each of the land-use items recommended by the Planning and Zoning Commission will be scheduled for a final decision by the Board of County Commissioners. The commission recorded that it had received evidence of public notice and hearing posting for the items and that adjacent-owner and mineral-owner notices had been submitted for each hearing.

Ending: The commission continued its agenda after the votes and then held an extended discussion about the county's moratorium on solar and alternative energy projects (see separate coverage).