by Lisa Cyriacks
The Town of Moffat has received two petitions from Whitney Justice, manager for Potch LLC, for annexation of a total of 325 acres to the west and north of the town.
In 2018, Potch LLC successfully petitioned the Town to add approximately 100 acres.
The land that was annexed in 2018 has been subdivided into two- and five-acre parcels and developed as Area 420 Commercial Cannabis Park. To date 33 licenses for marijuana cultivation and marijuana infused product manufacturing (MIPs) have been issued in the subdivision. A total of 44 permits is possible in the existing Area 420 Commercial Cannabis Park. The land described in the petition for annexation submitted in September 2019 is intended for subdivision for commercial entities, “of non-cannabis-related, and legal cannabis-related commercial entities”. Potch LLC, in the petition, agrees not to allow any hemp cultivation on the property.
As with Colorado Area 420, the Town hopes to receive fees and licenses, as well as improvements to infrastructure, employment opportunities and increased sales and excise tax revenue with annexation of this additional land.
As part of this most recent annexation process, Saguache County denied Moffat’s request for a waiver to submit the usual Impact Report. The Impact Report is currently being drafted and will be made available when complete at Moffat Town Hall during normal business hours.
In order to fulfill the requirement of one-sixth contiguity required by state, law, the Town of Moffat would need to annex a portion of County Road 59. The result is that 80 acres contiguous to the Town but not within the Town boundary would be surrounded by the Town.
If the Town of Moffat takes over “ownership” of County Road 59, a public road, what happens to the responsibility for maintenance and improvements? Presumably, this will be part of the discussions with the Saguache County Board of County Commissioners before accepting the Impact Report before the annexation proceeds.
Under the 2018 annexation agreement, Potch LLC agreed to re-drill a Town well. While the drilling has been completed, the well has not been tested nor have water lines been installed to service the businesses located on the land annexed in 2018. In the past year, upgraded electrical services have been brought in to service the Area 420 Commercial Cannabis Park.
are concerns about the existing commercial development by some residents of the town and surrounding area that remain unaddressed—traffic, excessive speeds, light and noise pollution, blight and garbage along public roads. Questions also remain about the role and effectiveness of law enforcement to address problems. The recent fire within the original town boundary has highlighted the necessity for better infrastructure, such as fire hydrants, and has raised legitimate concerns about public health when industrial activities are mixed with residences.
The Moffat Town Trustees will be holding at least two public hearings scheduled for November 5 and November 19 at 6:30pm to receive comments on the proposed annexation. Anyone is allowed to speak and comments are not limited to just town residents but anyone, including Saguache County residents and Crestonians, who might be impacted by the development.
To review the documents or to submit comments in writing, contact the Moffat Town Hall at 719-256-4538.