(EDITOR’S NOTE: A Montrose-based development company called ArenaLabs LLC submitted an application last spring, proposing a 100-acre subdivision just east of the Pagosa Springs Medical Center. The Town Planning Commission tabled approval of the Sketch Plan as presented, on April 8. A new version of the Sketch Plan will be considered by the Planning Commission tomorrow, Tuesday October 28 at 5:30pm at Town Hall. According to the open letter shared below, the application is incomplete and does not meet the submission requirements detailed in the Town’s Land Use and Development Code (LUDC). The Daily Post editor agrees with the op-ed writer, Rachel Suh, that — according to the LUDC — the application is incomplete and not ready for approval.)
Dear Planning Commission,
I respectfully request that the Town pause consideration of the Pagosa West Major Subdivision Sketch Plan until the procedural inconsistencies identified below are clarified in the public record.
1. Ownership and Applicant Standing – LUDC § 2.3.3(D)
The Land Use Development Code limits who may submit a subdivision application:
“Applications for review and approval may be initiated by the property owner, the owner’s authorized agent with written, notarized documentation, or a review or decision-making entity.”
County Assessor records list Kisco LLC as the current owner of the parcels at 3800 W US Hwy 160, 80 S Pagosa Blvd, and 100 S Pagosa Blvd, with the sale of the properties online listed as “pending”.
The Agenda Brief identifies Arena Labs LLC of Montrose as the applicant, yet Kisco LLC is not listed anywhere as a co-applicant or partner, and no notarized authorization from the owner appears in the record. Without this documentation, the application does not meet the Code’s threshold filing requirement for ownership or agency.
2. Section B of the Staff Recommendation Cannot Be Satisfied
On page 12 of the Agenda Brief, the staff recommendation reads:
“If the Planning Commission finds that (b) the application does meet the review approval criteria for a Sketch Major Subdivision Plan in Articles 2 and 7 of the LUDC, then the Planning Commission recommends approval of the Arena Labs LLC Major Subdivision Sketch Plan.”
Not Met: Article 2.4.3(D)
Not Met: “Standards and Criteria Review” section of the same document lists multiple items explicitly marked “NOT MET,” including the absence of a title, subtitle, labeling, and required certificates. Because these deficiencies remain unresolved — and because proof of ownership or agency authorization is missing — the Planning Commission cannot truthfully find that the application meets all criteria under Section B. By the staff’s own conditional language, approval cannot proceed until the unmet items and ownership authorization are corrected.
3. Public Funding and Road Adoption
The Agenda Brief also recommends that the Town accept internal subdivision roads as public right-of-way, creating an ongoing taxpayer maintenance obligation inside a private development.
It further references $1.989 million in DOLA grant funds to support infrastructure for a “workforce-housing” component that presently has no recorded deed restrictions or affordability covenants.
- Before any commitment or expenditure of public funds, the Town should clearly document: Which improvements directly serve a public purpose;
- How affordability will be enforced; and
- The fiscal impact of assuming maintenance for private-development roads.
Clarifying these issues will ensure compliance with the Town’s LUDC and Colorado’s constitutional limits on multi-year fiscal obligations.
4. Counsel’s Observations
Citizens who reviewed this matter have conferred with legal counsel, who noted that the actions currently being taken appear improper under Colorado law. Counsel advised that if a final decision is made that does not follow the procedural and constitutional requirements outlined above, it may trigger a TABOR lawsuit for the unlawful use of public funds and unauthorized multi-year fiscal obligations.
5. Citizen’s Goals
The goal at this stage is to encourage correction through the political and administrative process, avoiding unnecessary litigation by ensuring the Town complies fully with its own Code and constitutional requirements before proceeding.
Requested Action
To preserve transparency and procedural integrity, please continue this application until:
- Written, notarized authorization from Kisco LLC is submitted that states Arena Labs is working as an official representative of their business or proof of ownership by Arena Labs, LLC.
- All “NOT MET” items under the Standards and Criteria Review are corrected;
- Enforceable deed restrictions for the “workforce housing” component are provided; and
- A development agreement, adopted by ordinance, defines public improvements, maintenance, and funding responsibilities for the 100 +/- acre Major Subdivision Sketch Plan.
These clarifications will protect both the Town and its taxpayers while ensuring that the application complies fully with the Land Use Development Code and the standards of sound public stewardship.
Sincerely,
Rachel Suh
Archuleta County Resident