Montezuma County planning commission recommends approval of Phelps subdivision boundary adjustment

The Montezuma County Planning and Zoning Commission on Wednesday recommended that the Board of County Commissioners approve a subdivision amendment and rezoning application from property owner Fred Phelps to adjust the boundary between two Phelps Farm subdivision lots off Road T near Dolores.

The commission's recommendation followed staff findings that the application is a boundary adjustment that would swap acreage between a 6.4-acre and a 3.99-acre parcel, that access exists from Road T, and that utilities and infrastructure are in place. The commission voted with Commissioners Hernandez, Saunders and Armstrong voting “aye” and Commissioner Lynch recording an abstention; the motion carried as a 3–0 recommendation with one abstention.

The applicant told the commission he plans to utilize an existing driveway on Road T and that the long-term plan is to sell the larger portion to a family member. The planning department noted a 30-foot ditch easement (15 feet on either side) along the southeast corner of the property that should be maintained and shown on the plat.

Commissioner Lynch raised a procedural question about whether this boundary change triggered a separate high-impact review provision found in a portion of the county land use code cited in the hearing (identified in the meeting transcript as "91 0 3.5" and related exemptions under "91 0 3.4"). Lynch argued that a change of acreage exceeding 10 percent might constitute a change of use that should go directly to the Board of County Commissioners. Planning staff, represented at the hearing by Don Haley, said the application is a subdivision amendment and must proceed through the subdivision amendment public hearing process rather than the chapter 2 high-impact procedure. Staff explained that this application had been filed on the standard subdivision-amendment form and is being considered as a two-public-hearing process.

The commission clarified technical and practical issues during the discussion: planners confirmed a minimum parcel size of three acres under the applicable rules for this subdivision category, advised that written easements are required even if a driveway has been used informally for years, and recommended that any new property owner be notified of relevant setbacks and land-use requirements. The applicant said he had not yet surveyed the new parcel configuration to avoid paying survey costs until the process advanced.

With no members of the public speaking for or against at the public-comment period, the commission moved to recommend approval and added an administrative requirement that new owners be informed of Montezuma County land-use code setbacks and requirements.

The recommendation now progresses to the Board of County Commissioners for final action.