While the uncontrolled fire destroyed Mesa Verde, the city council proceeded to do some destruction of its own. Between July 25, 2000, and Aug. 8, 2000, the council wreaked havoc by the following: Destroyed a most important part of the city’s comprehensive plan; destroyed the integrity of the city’s zoning laws, and destroyed its position of trust.

The city’s comprehensive plan was established after numerous community meetings in 1996. The plan called for Highway 145 from Empire Street north to the city limits to be residential — non-commercial use. This was further confirmed by a survey conducted by the city in 1998.

Reporting the results of the survey, Chris Eastin of the Planning and Zoning department stated: "Currently, the Cortez Comprehensive Plan shows that Highway 145 from Empire Street north to the city limits should develop as a residential and non commercial corridor. As you can see from the survey there is a very clear preference to maintain the present zoning."

The city council in early 1999 attempted to change the open zone to allow a bar and restaurant. After numerous meetings and finally a petition signed by 50 property owners, the council voted to decline the bar and restaurant. The petition stated that it was the desire of the property owners to leave the zoning as is. Clearly the majority of property owners on 145 do not want to change the present zoning.

A little over a year later, during the devastation going on at Mesa Verde, the city council passed an ordinance which allows medical clinics in Residential (R-1) zones. A request was made to put a medical clinic in a residential zone on 145. Allowing this is in direct conflict with the comprehensive plan and the wishes of the property owners.

By changing the zoning laws to allow medical clinics in residential zones (conditional use), the integrity of the zoning law has been destroyed. When someone looks at a city zoning map and determines that an area is zoned residential, they should have confidence that if they make an investment in the zone the city will not be changing the zone to allow a totally non-conforming use.

Why would anyone even want to buy property in Cortez if the city council can change things in a two-week period with no regard for an established plan or the wishes of the majority of the property owners? A conditional use in a residential zone should only be used for allowing an unobtrusive home business and not a totally non-conforming use.

The comprehensive plan of the city, put into place after many long meetings calls for the last beautiful corridor into the city to remain pastoral and residential. By voting to allow totally non-conforming uses in this corridor, without regard for the overall plan, without regard for the wishes of the majority of the property owners, is unconscionable.

The ordinance which the city council passed allowing non-conforming uses in this corridor should be reversed. By passing this ordinance the city council has destroyed its position of trust: a position which calls for the council to act responsibly on behalf of the wishes of the majority.