Timnath developer asks council to reconsider Connell annexation
Based on a request from a Timnath resident and two developers, town council on Tuesday will reconsider its Feb. 13 approval of the annexation of 188.5 acres owned by Connell LLC that is part of the 240-acre Ladera project.
Terra Resource Corporation, Timnath Lands LLC and Craig Harrison submitted a motion for reconsideration through their attorneys at Witwer, Oldenburg, Barry & Groom on Feb. 21, setting in motion Tuesday's discussion. Harrison is listed as the registered agent for both Terra Resource and Timnath Lands and lists the same address in Timnath.
Council is expected to deny the motion, but if it approves it, the town will direct its lawyers and staff to draft an ordinance to repeal or rescind the unanimous vote.
The parties claim the town erred when it failed to recognize that the required 50% of landowners in the area to be annexed — excluding streets and alleys — did not sign the petition to annex the land west of County Road 5 and north of Kechter Road, thereby invalidating it.
Connell's attorney, Carolynne White of Denver, said during the Feb. 13 annexation hearing that everything Connell was seeking to annex was either owned by them or fell "within a well-established right-of-way.” They provided an affidavit to support Connell's position that the property to be annexed was owned by Connell LLC or within the 60-foot right-of-way.
The parties maintain the right-of-way on two segments of County Road 5 is 96 feet, which includes land owned by Terra Resource Corp. and Timnath Lands LLC.
According to attorney Patrick Groom, if "landowners own any lands within the Connell annexation No. 3 boundaries that are not included within the boundaries of a public street or alley, at least two of those landowners must sign the annexation petition."
Terra Resource, Timnath Lands and Harrison also claim the town denied them their rights by allowing only 3 minutes during public comment to present evidence to their claims. The town refutes that statement, saying that public comment is limited to three minutes per person and only Groom signed up to speak. The parties "were provided with the same opportunity to speak as any other member of the public."
The motion for reconsideration is the latest salvo against Connell LLC's redevelopment of the 240-acre tract that includes sister company Connell Resources' gravel pit. During the April 2 municipal election, Timnath voters will have their say on whether to prohibit the town from annexing properties with open mining permits until reclamation is complete.
Interested?
Timnath Town Council will meet at 6 p.m. Tuesday, March 26, at Timnath Town Hall, 4750 Signal Tree Drive, or livestreamed. To view the livestream, visit timnath.org.
This article originally appeared on Fort Collins Coloradoan: Timnath developer asks council to reconsider Connell annexation
