The Santa Fe County Board of County Commissioners voted 4–1 to adopt a final order that memorializes the board’s earlier approval of entitlements for the Tierra Pintada development, closing an outstanding administrative step for a project whose original developer decided not to proceed.
The measure had been placed on the consent agenda but became the focus of extended discussion after staff told the board the original developer had deemed the project “not feasible” and withdrawn, prompting Commissioner Justin Green to ask whether the property owner or applicant had formally instructed the county to proceed. “I would like to see a piece of paper that says that Doctor Horton … has submitted some paperwork saying please put this over the finish line,” Green said during the discussion.
Staff and the county attorney told the commissioners the Sustainable Land Development Code (SLDC) does not allow an applicant to withdraw after the statutory deadline following the board hearing and that the board’s action to issue a written final order is essentially ministerial. County Attorney Boyd said the SLDC’s structure is designed so that, after a public hearing and vote, a final order must be issued to complete the entitlement record. Manager Greg Schaeffer told commissioners staff would obtain confirmations from the prior developer, property owner and any new developer and noted a new developer was actively working with the owner.
After debate about whether to table and request an explicit written confirmation from the applicant, the board approved the final order. Commissioner Justin Green cast the only vote in opposition, saying he was uncomfortable approving the matter without the applicant’s direct confirmation. The minutes record the vote as approved with one opposed.
The approval authorizes staff to finalize the entitlement paperwork for preliminary plat phases 1 and 2 and final plat for phase 1 of the Tierra Pintada subdivision. Staff said the move is intended to keep the entitlement with the land so a successor developer could move forward without restarting the entitlement process.
Commissioners emphasized that approving the final order does not compel actual construction; it simply memorializes the board’s prior approval and preserves the entitlement for the current property owner or a future purchaser.
First reference: Commissioner Justin Green (46:29); Applicant agent Nathan Manzanaras (47:41); County Attorney Boyd (50:51).