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Council advances first reading of broad Timnath land use code amendments; public hearing set for May 13

3094098 · April 23, 2025
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Summary

Council approved on first reading an ordinance to amend Chapter 16 of the Timnath Land Use Code and set a May 13 public hearing. The package includes six topic areas: approved-plan expirations, commercial solar siting, state-required ADU changes, outdoor lighting, residential design standards, and regulation of natural-medicine uses.

The Timnath Town Council voted unanimously on April 22 to approve on first reading Ordinance No. 7, Series 2025, which would amend Chapter 16 of the Timnath Land Use Code and set a public hearing for 6 p.m. on May 13, 2025.

Community Development Director Scott Robinson gave a summary of the six amendments included in the first package. Plan changes are intended to improve clarity, reflect recent state law, and set expectations for development. The six topics are:

- Expiration dates for approved plans: the code would add explicit deadlines (typically two years) and an administrative extension process to prevent outdated approvals from lingering.

- Commercial solar facilities: new zoning and design standards for utility-scale solar farms inside the town’s growth-management area, covering setbacks, height limits, screening/buffering, safety plans, monitoring and financial assurances.

- Accessory dwelling units (ADUs): changes to conform with recently passed state legislation (House Bill 241152) to allow ADUs by right on single-family lots, subject to objective administrative criteria; the code change does not override private covenants or HOA rules.

- Outdoor lighting: updated standards developed with Dark Sky Colorado guidance to reduce light trespass and glare, set LED color/temperature guidance, shielding, motion sensors and energy-conservation measures; the rules are not retroactive to existing fixtures but would apply to new uses and major renovations.

- Residential design (block diversity): clarifies and strengthens expectations for architectural variety across subdivisions (garage placement, porches, paint variation, roof articulation and window treatments) to reduce vague language in current code.

- Natural-medicine uses: in response to state law, the code would permit two categories — healing centers (in regional commercial zones, with conditions) and cultivation/testing/manufacturing facilities (in industrial zones, with conditions including odor control, safety plans and a 1,000-foot setback from schools and day cares). The proposed language regulates time, place and manner but does not prohibit the use.

Robinson said staff identified 33 possible amendments this year and prioritized 6 for this first package; the Planning Commission recommended approval of all six prior to the council hearing. Robinson also noted staff held three public information sessions and that the ordinance is one of several amendment batches planned.

During council questions, members asked whether HOA and metro-district covenants would be superseded by the ADU change; Robinson said state law requires allowing ADUs but does not override HOA covenants or metro-district rules (Robinson: "That's correct"). He said staff used social media and development e-letters to publicize the process and that plan-commission hearings and public information sessions provided opportunities for input. Jim Gross, a public commenter, told council he supported the residential design and block-diversity amendment: "I would just like to share my support for the design and details and block diversity as a positive...and vote favorably for it." The transcript shows Gross spoke during the general public-comment period in support of the proposed design standards.

Council moved, seconded and approved the ordinance on first reading and set a public hearing for May 13 at 6 p.m.; the vote carried unanimously. Staff will return with a full presentation, public hearing and any further refinements at the May 13 meeting.