Animas Valley Land Use Plan unfair

To develop a commercial property in La Plata County, a land use permit is required to obtain a building permit. The La Plata Land Use Code (LPLUC) defines all land uses other than residential as requiring either a major or minor permit. Major use permits are reviewed by elected county commissioners, and minor use permits are reviewed by the appointed Planning Commission.

In all areas of La Plata County, except the Animas Valley, commercial developments exceeding 3 acres (including RV parks) are considered to be major uses and thus have a more extensive review process. In the Animas Valley, there are no required major use reviews, because every use is considered minor. All proposed projects are reviewed only by appointed planning commissioners. You may wonder, why are the rules for the Animas Valley different from what the residents initiated back in 1993?

Well, it turns out the Animas Valley Land Use Plan (AVLUP) was amended in February 2017 to change all special uses from major to minor use. This change was proposed by the Planning Department via an administrative amendment. The revised AVLUP makes it easier for developers, such as Roberts Resort, to come into the valley and build without elected officials’ input. This is especially troubling considering that in 1993, a group of valley residents, with the support of the majority of valley residents, worked tirelessly to establish protective zoning in the Animas Valley. So the Animas Valley went from having a full zoning code to something less than what is available to the rest of the county. The revised AVLUP wrongs Animas Valley residents by denying them zoning that was established in 1993 or even having the same protections as the rest of the county.

Most disturbing was the lack of information given in public notices by the Planning Department at that time. Only the first notice of the Planning Commission meetings mentioned an administrative amendment, with no description of the proposed changes. The same pattern applied to the two BoCC meetings. Five meetings were held where no proper notification on impacts were provided to Animas Valley residents!

Residents could only see changes if they downloaded and then stumbled upon the voluminous agenda packages where AVLUP changes appeared in the last 25 pages. With this tactic, Animas residents did not know to attend any meetings, because no one knew what was being revised and how it would impact them.

The AVLUP was negatively changed in 2017 with no notification cards mailed and no neighborhood meetings to explain how the change would impact residents. This is akin to amending rules in the dark of night to keep the public uninformed. It’s puzzling why the change was proposed in the first place. Who stood to benefit while the residents pay the price? How many other developments will be approved in this discriminatory manner?

When Animas Valley residents brought this up in 2024 with county commissioners, they were told the AVLUP could be revised. After a revised version was provided to the county last October, everyone has since chosen to ignore both the revision and the residents. How can this be called fair and equal representation? It is a mystery as to why the county refuses to correct this egregious act from 2017.

Animas Valley residents have a simple request to county commissioners: Quit discriminating against the Animas Valley, and restore major use permitting to the Animas Valley Land Use Plan just like as it is in the rest of the county. Until this can be changed, impose a moratorium on all special use and land use changes.

– Anita Rancatti, Animas Valley