By: STAFF WRITER
When the Salida City Council met at 6:00 PM on October 21, the outcome of a controversial zoning repeal appeared to be already decided—at least according to one council member’s campaign mailer.
Councilor Justin Critelli, who is now running for mayor, mailed a postcard to voters proclaiming:
“After the approval of this development is repealed, and it will be, the issue will not go away.”
That single phrase — “will be repealed” — has drawn scrutiny, because it implies foreknowledge of the council’s vote on Ordinance 2025-22, which officially repealed zoning for the 5-H LLC annexation.
Even if residents received the card on October 21 or October 22, its production and mailing timeline raise serious questions. Political postcards must be drafted, approved, printed, and mailed days in advance—and Salida’s mail is processed through a regional sorting plant before returning for local delivery. The card could not have been conceived or distributed after the vote without remarkable speed and expense.
From Lone “No” to Unanimous Repeal
On August 19, 2025, the council voted 4-1 to approve Ordinance 2025-15, zoning a newly annexed 15-acre tract owned by 5-H LLC as R-3 High-Density Residential. Critelli was the only “no” vote that night.
Less than two months later, the same council unanimously adopted Ordinance 2025-22, an emergency repeal of the very same R-3 zoning. The vote took place without discussion or public debate, and the ordinance passed immediately.
The reversal saved the city the cost of a $30,000 special election triggered by a citizen referendum. But it also turned a one-vote minority into a unanimous bloc—seemingly overnight.
Two Zoning Tracks in One Night
The city’s record adds more confusion. On August 19, while approving the R-3 zoning, council also discussed the idea of rezoning the same property R-2 Low-Density Residential under New Business. That meant the city was simultaneously approving R-3 and considering R-2 on the same property.
No R-2 ordinance was ever introduced, read, or adopted, but the conversation foreshadowed the repeal that came two months later. City Attorney Geoff Wilson later told council that repeal would void the R-3 zoning and allow a new, likely R-2, classification to be applied within 90 days.
Who Is 5-H LLC?
The 5-H LLC Annexation Agreement identifies the owner as L. Britt Hughes, whose company sought annexation and R-3 zoning for a 15-acre parcel on Salida’s east side. Plans called for 72 housing units—a mix of single-family, duplex, and multifamily dwellings, including 12 affordable units.
The Salida Planning Commission recommended approval in July 2025, but public opposition was swift. A referendum petition filed on August 27 gathered over 400 signatures and was certified sufficient on September 23, freezing the zoning until council either repealed it or sent it to voters.
The Mailer and the Law
The timing of Critelli’s mailer raises questions about potential violations of Colorado’s Open Meetings Law (C.R.S. 24-6-402), which prohibits a quorum of elected officials from making decisions outside a properly noticed public meeting. While there is no direct evidence of an illegal gathering, the certainty of the mailer’s language—“will be repealed”—suggests prior coordination or understanding about the outcome.
The postcard also conflates “development approval” with “zoning approval,” two distinct processes under Colorado law. Legal observers note that C.R.S. 1-13-109 bars knowingly false or reckless campaign statements intended to influence voters, though enforcement is rare.
What Changed?
At the August 19 meeting, four council members voted for high-density zoning. By October 21, all five voted to repeal it, without explanation or deliberation. There were no public statements, no amendments, and no rationale entered into the record—only a silent, unanimous reversal.
Residents have since asked whether that reversal was spontaneous, or whether consensus had already been reached privately before the meeting.
Annexed but Unzoned
With Ordinance 2025-22 now in effect, the 5-H LLC property remains annexed but unzoned. City staff are expected to propose R-2 Low-Density Residential as the replacement classification before the end of the year.
For many, however, the deeper issue is not the zoning—it’s public trust. How did one council member appear to know the outcome of a vote days before it occurred? And how did the rest of the council so quickly align behind him?
Until those questions are answered, Salida’s zoning process may remain as murky as the mail trail that foretold it.
Support Independent Local Journalism — High Country Advocate was created as a real alternative to regional media that too often silences dissenting voices while taking sides in the political struggle. Producing in-depth, unflinching reporting like this series and others is expensive: servers, editing, research time, and legal review all add up quickly. If these articles have informed you or given you new perspective, please consider supporting HCA with a paid subscription — every subscriber helps keep this reporting strong and independent.
