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Snell & Wilmer <br />TABOR CENTER <br />1200 SEVENTEENTH STREET <br />SUITE 1900 <br />DENVER, CO 80202 <br />303.634.2000 P <br />303.634.2020 F <br /> <br /> <br />ALBUQUERQUE BOISE DENVER LAS VEGAS LOS ANGELES LOS CABOS ORANGE COUNTY <br />PHOENIX PORTLAND RENO SALT LAKE CITY SAN DIEGO SEATTLE TUCSON WASHINGTON, D.C. <br /> <br /> <br />Jason B. Brinkley <br />(303) 634-2066 <br />jbrinkley@swlaw.com <br /> <br /> VIA E-MAIL AND U.S. MAIL <br />Archuleta County Development Services Archuleta County Planning Commission <br />Planning Department Attn: David Parker, Chair <br />Attn: Pamela Flowers P.O. Box 1507 <br />P.O. Box 1507 Pagosa Springs, CO 81147 <br />Pagosa Springs, CO 81147 PFlowers@archuletacounty.org <br />PFlowers@archuletacounty.org <br /> <br />Board of County Commissioners, Archuleta County <br />Attn: Commissioner Alvin Schaaf <br />P.O. Box 1507 <br />Pagosa Springs, CO 81147 <br />ASchaaf@archuletacounty.org <br /> <br />January 21, 2022 <br />Re: Application PLN21-144 for a Major Sand & Gravel Permit at X County Road <br />600, Pagosa Springs, Colorado 81147 <br />Dear Commissioner Schaaf, Chairman Parker, and Director Flowers: <br />This law firm represents Essex Corporation, Rendezvous Ranch QOZ, LLC, and the <br />Rendezvous Ranch Homeowner’s Association. These entities are the owners and representatives <br />of owners of land adjacent to the property in the above-referenced application for a Major Sand & <br />Gravel Permit (the “Application”). The purpose of this letter is to formally request that the public <br />hearings scheduled in connection with the Application, currently set for Wednesday, January 26, <br />2022 (Planning Commission) and Tuesday, February 15, 2022 (Board of County Commissioners), <br />be postponed until a more thorough review of the proposed project can be completed by the <br />Planning Department, the Planning Commission, Board of County Commissioners, and the <br />concerned public of Pagosa Springs. <br />According to the notice received by our clients, the property in the Application is zoned as <br />Agricultural Ranching (“AR”)—we note that we believe the property is actually zoned <br />Agricultural Estate (which certainly would not permit an activity of this type), but for purposes of <br />this letter we will assume that AR is correct. Operations performed under a Major Sand & Gravel <br />Permit appear to be inconsistent with an AR zoning designation. Archuleta County Land Use <br />Code (“Land Use Code”) § 3.1.2.2(3) states that “[l]and use in the AR district is encouraged to <br />provide for the maintenance of agricultural production and preservation of associated life styles . . .