Timnath leaders pass resolution opposing latest Ladera petition
Timnath's town council on Tuesday unanimously passed a resolution opposing a proposed ballot initiative that would ban annexation of areas used for mining until state-mandated reclamation of the site is complete.
Five Timnath residents are circulating the petition that targets the 240-acre Ladera mixed-use project being developed by Connell LLC. Its 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.
Connell LLC is currently in the process of annexing 189 of its 240 acres into Timnath for the Ladera development. About 158 acres of the overall site 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 cleanup at a later date, Ethridge told the Coloradoan when they filed the paperwork needed to circulate the petition.
In discussing the resolution in opposition, council feared that passage of the initiative would expose the town to a lawsuit, unconstitutionally limit property owners' rights and conflict with town goals established under its comprehensive development plan.
Town Trustee Lisa Laake said she saw no benefits to the petition. "Whenever any issue comes before me, I try to look at the pros and cons," she said. "To me this is a little bit of a no-brainer."
If the property were annexed, Timnath "does not gain any ability to regulate that mining process. The town doesn't have any liability ... or any responsibility to complete reclamation if it's not completed by the property owner," town attorney Carolyn Steffl said.
The Colorado Division of Reclamation, Mining and Safety confirmed to the Coloradoan there is no scenario, other than if the town held the mining permit "that a municipality would be responsible for any cleanup or reclamation."
Connell LLC is responding to the initiative by sending out mailers urging town residents not to sign the petition.
The petition calls for the measure to be retroactive and include any pending annexation petitions, which could stop progress on the Ladera project.
As mayor, Timnath's Mark Soukup said, "I didn't think I could get too shocked. But this initiative totally shocked me. It’s a nice project, it’s something we’ve wanted as a town for the most part, the owners are great people and will do a good job of making sure this project is done well."
The development, Soukup said, "will give us some great additions to the town. Potentially restaurants, a grocery store, which we know has been one of the main things people have wanted. They're working hard ... to come in and make Timnath a much better place to live. Right now, we have to leave town to get almost any services we want. I'm flabbergasted this is being done ... I see no benefit to this town in signing that petition."
The overall 240 acres within Ladera's proposal could eventually hold more than 700 homes, about 2 million square feet of commercial, office and retail space; In-N-Out Burger; 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.
Mayor pro-tem Brett Hansen asked the petitioners Tuesday to consider the consequences of their petition and "consider listening to town government and staff" in their discussions. "The town doesn't have dictator-like powers to control what everybody has to do and force everyone to abide by every little whim we have."
Acting recklessly, he said, could harm the community. "Let us be part of this process so we can avoid having discussions that are a waste of time and don't bring benefits to anyone."
This article originally appeared on Fort Collins Coloradoan: Timnath leaders pass resolution opposing latest Ladera petition
