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Council OKs preliminary plat amendment for Timnath Landing; staff requires ditch agreement before final plat

5335897 · July 8, 2025
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Summary

Council approved Resolution No. 49, Series 2025, a preliminary plat amendment for Timnath Landing (tracks A and B) creating 698 single-family lots and dedicating about 53 acres of functional open space, while staff and the applicant agreed that an agreement with Aitken Lateral ditch owners must be executed before any final plat.

The Timnath Town Council on July 15 approved Resolution No. 49, Series 2025, recommending approval of Timnath Landing subdivision preliminary plat amendment No. 4 for development tracks A and B. The amendment covers approximately 252 acres of the Timnath Landing community and proposes 698 single-family lots, a mix of lot sizes, a linear regional/neighborhood trail connection and roughly 53 acres of functional open space, including a centrally located neighborhood park and a dedicated dog park.

Staff said the proposed gross residential density (about 2.8 dwelling units per acre) complies with the comprehensive plan designation of medium-density residential and is within the sketch-plan cap of 764 dwelling units. The plat identifies lot sizes from a minimum of 5,300 square feet to a maximum of 13,673 square feet, with an average lot size of approximately 6,709 square feet. Staff also noted connectivity improvements, access points to Busgrove Road and Timnath Parkway, detention for stormwater management and coordination with utility districts.

The meeting included two substantive outside comments. Attorney Matt Machado, representing Aitken Lateral ditch owners, said the Aitken Lateral historically delivers irrigation water across the land and that an agreement with the lateral owners to modify the ditch alignment or accommodate realignment has not yet been finalized. Machado requested that further approvals be conditioned on the town ensuring CAC (as referenced in the transcript) obtains an agreement with lateral owners and that easements and accurate depictions of the ditch be included on plats. Applicant representatives and staff responded that they have been negotiating and that staff expects any required agreement and recorded easement documentation to be submitted before any final plat is recorded; the applicant said they are engaged in ongoing discussions and expect a resolution.

Staff also reported a comment letter from Colorado Parks and Wildlife identifying adjacent high-priority habitat (red-tailed hawk and bald eagle were referenced as species of concern in discussion). Staff and the applicant said they have engaged US Fish & Wildlife Service and ecological consultants and will continue coordination with CPW and relevant agencies to mitigate impacts, limit tree removal near nesting sites where feasible, and follow permitting guidance. Staff included conditions requiring the applicant to resolve minor technical comments, make a zoning boundary adjustment before any final plat recording, and continue collaboration with CPW and other agencies on potential disturbance to protected species.

Council voted 3–0 to approve the preliminary plat amendment with the conditions outlined by staff. Staff said final plat approval will require submission of the documentation and agreements discussed with ditch owners and that final plat will not be scheduled until staff determines those matters are resolved.