Organizers submit petition to stall annexation of Ladera land in Timnath: What to know

Organizers of a petition that would likely slow development of Connell LLC's 240-acre Ladera development in Timnath submitted 517 signatures Tuesday supporting efforts to prohibit the town annexing properties with open mining permits until reclamation is complete.

Connell LLC's sister company, Connell Resources — which shares some of the same owners as Connell LLC — operates the gravel mine east of Interstate 25 that is nearing the end of its lifespan and sits within the overall Ladera site.

Timnath Town Clerk Milissa Peters-Garcia has until Jan. 2 to certify the petition has the required 348 valid signatures to get on the town's April 2 municipal ballot. The petition calls for the measure to be retroactive and include any pending annexation petitions.

Organizers submitted the petition just hours before town council got the ball rolling on Connell LLC's request to annex land, including the mine area, into the town. Council set a Jan. 23 public hearing on the annexation and approved a preliminary plat for 12 lots in Ladera's first phase, which has already been annexed.

"Unlike cities like Wellington, Timnath has no current land use codes that govern heavy industry," said Irv Christy, one of the petitioners. "We believe it is in the best interest of Timnath residents to annex the portion of the land outside of the mine, reclaim the mine, and then annex and develop the land where the mine is located."

The project is the biggest commercial project in Timnath's history and will impact the quality of life for Timnath and Northern Colorado residents for years to come, he said. "In my opinion, the Jan. 23 date seems rushed as both parties would normally have details sorted out before council officially starts annexation proceedings."

Connell LLC said in a statement it was "disappointed that a small group of Timnath residents is once again taking advantage of taxpayer money – using public dollars to fund an election to limit growth in the town of Timnath.

"These few residents claim to be protecting the community from a health hazard relating to reclamation of gravel pits. However, these references are simply scare tactics; no health hazard exists. This is clear from the safe and successful development of the Walmart shopping center and Windsor’s Raindance development, both which involved the reclamation of gravel pits," the statement said. "The group supporting the ballot initiative claims they are not against growth, yet everything they have done to date is designed to stop or slow Ladera."

The subdivision on both sides of Weitzel Street would create two tracts and 12 lots ranging from 1 acre to 9.5 acres. The tract east of Weitzel Street contains 12.4 acres of developable land and 19 acres in the floodplain that are adjacent to the first phase. The floodplain will become an 11.5-acre reservoir with the rest left as open space with trails.

Council last month unanimously voted to oppose the petition, citing risk of litigation, conflicts with the town's comprehensive plan and restriction of property rights.

Connell LLC is currently in the process of annexing 189 of its 240 acres into Timnath. The overall 240 acres east of Interstate 25 could eventually hold more than 700 homes; about 2 million square feet of commercial, office and retail space; an In-N-Out Burger drive-thru restaurant; a new home for Respite Care, Inc.; a fitness center; dual-branded hotel; storage units; restaurants; assisted living and more, although the town has not approved any specific development plans.

About 158 acres are part of Connell Resources' mining permit issued in 1999 and amended in 2003 by Larimer County and the Colorado Division of Reclamation, Mining and Safety, according to the company.

The petition committee — Matthew Wasserman, Harry Deveraux, Dan Ethridge, Irvan Christy Jr. and Christine Landon — is concerned that annexing the site might mean the town will be responsible for cleaning up the mine if Connell reneges on its commitment.

The Colorado Division of Reclamation and Mine Services has strict rules that govern how and when a gravel mine is reclaimed. The state approved Connell's reclamation plan in 2001 and holds a $532,504 reclamation bond to ensure the site is reclaimed to the approved post-mine land use. At the time of the 2001 permit, Connell said the site would become a lined water storage reservoir when it ceased operations.

Since plans have changed to a mixed-use development, Connell will have to file an amendment to its permit that must be reviewed and approved by the state. Connell has completed several revisions to its mining permit since it was originally issued, including the current reclamation plan, according to Connell. The company intends to complete the reclamation of the mining permit area in phases and have them released from the mining permit.

Once cleanup is completed, the state will inspect the mine to ensure it has complied with its reclamation plan and regulatory standards. If the annexation is finalized, the infrastructure plans and final site grading will have to go through the town's normal development processes.

Annexation of the property by the town will not transfer reclamation responsibility or reclamation cost to the town. Similarly, annexation of the property by the town will not transfer jurisdiction over the mining permit to the town, Connell told the Coloradoan last month.

According to the state's mining division, there's no state statute that dictates in which order Connell can seek its reclamation permit amendment and annexation and development review from Timnath. Sometimes, a developer may choose to get local approval first if they think they'll face a fight, according to the state.

What's next?

The Timnath Planning Commission will vote on the annexation Jan. 16. Town Council will hold a public hearing on the annexation Jan. 23 and a second hearing Feb. 13.

All meetings are at 6 p.m. at Timnath's town hall, 4750 Signal Tree Drive.

This article originally appeared on Fort Collins Coloradoan: Petition submitted to stall annexation of Ladera land in Timnath