Timnath set to OK Ladera annexation despite looming ballot issue

TIMNATH — The Timnath Town Council on Tuesday night could approve a package of measures to advance the massive Ladera development, even though results of an April 2 ballot measure could substantially delay or even derail the project.

The Timnath Planning Commission on Jan. 16 gave its unanimous approval to the annexation proposal, final plat, zoning amendment and planned-unit development overlay that developer Connell LLC says it needs to build Ladera, which would include 680,000 square feet of retail, 212,000 square feet of office space, 80,000 square feet of hospitality uses including a dual-branded hotel, and 100,000 square feet of industrial space.

The 188 acres of land the developer wants to have annexed into Timnath contains a gravel mine and asphalt plant operated by Connell Resources LLC, but the citizen-initiated ballot measure, if passed by Timnath voters, would retroactively amend the town charter to prohibit Timnath from annexing areas being used for mining until reclamation work is complete.

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Before Tuesday’s meeting, the town council has scheduled an executive session to consider the legal ramifications of the annexation, including what effects passage of the ballot measure could have.

According to the summary by town staff included in the agenda for Tuesday’s meeting, “the annexation contains an existing gravel pit/asphalt plant that is in operation. The annexation of the property does not transfer any responsibility of previous permitting or agreements to the town. The use would become a legal nonconforming use under our Land Use Code. If the use were to expand or change, it would have to comply with all applicable provisions in the code for resource extraction and update its permit with the state.

“The final reclamation of the property would not become the responsibility of the town by annexing this property. The mining permit was issued by and is overseen and administered by the Colorado Division of Reclamation, Mining and Safety. Annexation will not transfer such responsibilities to the town. The mining permit holder will continue to be responsible for reclamation, and the state holds an escrow deposit to ensure that reclamation is completed. Any development of the property wouldn’t be allowed to occur until portions or all of the property has been reclaimed.”

Also up for council approval are:

• The final plat for Ladera Subdivision Filing 2, which is already annexed into the town and includes 12 commercial lots within a 56-acre developable area.

• A zoning-map amendment for the two parcels that constitute the 188 acres, designating the land as Employment/Regional Commercial, which would allow for big-box retail, commercial and residential development.
• The PUD overlay for the 188 acres, modifying parts of the land-use code to conform it to Ladera’s first phase.

The meeting will begin at 6 p.m. Tuesday at the town hall, 4750 Signal Tree Drive in Timnath.