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Planning commission advances Timnath Landing PD overlay and preliminary plat amendments, raises wildlife buffer concerns
Summary
The commission recommended approval of a PD overlay amendment and a preliminary‑plat amendment for the Timnath Lakes north phase, clearing procedural steps for up to 698 homes while adding a staff reporting condition to address Colorado Parks and Wildlife recommendations about nearby raptor habitat; both recommendations passed 4‑1.
The Timnath Planning Commission voted to recommend approval of amendments to the Timnath Landing plan development (PD) overlay (item 7b) and the Timnath Landing preliminary plat (item 7c), advancing changes that will shape the remaining undeveloped portion of Timnath Lakes north of Harmony Road.
Staff said the PD overlay amendment updates dimensional standards for roughly 252 acres of undeveloped land in Timnath Lakes North to allow smaller lot sizes and reduced setbacks in exchange for more open space and new trails. The amendment proposes a minimum 30% functional open space (the town requirement is 20%) and a planned 7–10 miles of regional and neighborhood trails. Staff presented the preliminary plat amendment covering tracks A and B, which proposes subdivision into 698 single‑family lots (the approved sketch plan permits up to 764 units), dedicates about 53 acres of functional open space (about 21% of the gross area) and establishes an average lot size of about 6,709 square feet.
Chad (planning staff) said the plan development district review criteria are met and noted the town has requested a concurrent zoning map boundary adjustment to avoid split zoning on any lots. Staff recommended approval of both applications with standard conditions allowing staff to work with the applicant to resolve minor non‑substantive comments prior to final signatures and a condition that future development not exceed the sketch plan maximum of 764 dwelling units.
The applications drew sustained discussion about a June 4 referral letter from Colorado Parks and Wildlife (CPW), which identified a high‑priority avian habitat on an adjacent property and recommended buffers to protect nesting birds. Commissioner Marty Jost described CPW guidance as restrictive, saying: "So with that, I mean, basically, that precludes the trail going through there because it it really couldn't be used for 8 months out of the year, and it precludes a lot of the homes being built." Staff and the applicant said CPW's recommendations are advisory; Chad said CPW "does not have statutory authority in Timnath," and the applicant, Nick Montalbano of CapTelus Development, added the federal U.S. Fish and Wildlife Service buffer is 660 feet and that a small portion of the property encroaches on that federal buffer.
Applicant representatives said they will continue discussions with CPW and U.S. Fish and Wildlife and emphasized that preliminary‑plat approval does not authorize construction; final plat and site plans will follow. Jeff Norberg of PCS Group described the proposal's open‑space and amenity plan, including a roughly 12‑acre linear park and neighborhood amenities, and noted the preliminary plat shows 698 homes, fewer than the sketch‑plan maximum.
Commissioners requested a stronger follow‑up mechanism after CPW's late comment. The commission added a condition, accepted in the motion, directing staff to continue collaboration with relevant environmental agencies and to report back to the planning commission on a monthly basis until final plat approval about the status of those discussions and any proposed mitigation. Several commissioners said monthly updates may produce instances with "nothing to report," but they preferred keeping the issue on the commission’s radar; staff agreed to regular follow‑up and to present a plan for how any CPW recommendations would be implemented at the site‑plan or final‑plat stage.
The planning commission recommended approval of PD overlay amendment number 2 (agenda item 7b) and preliminary plat amendment number 4 (agenda item 7c) with the staff‑recommended non‑substantive‑comment condition plus the additional monthly reporting condition. Both recommendations passed on 4‑1 votes; Commissioner Marty Jost cast the lone dissenting vote on both items and said he was "uncomfortable going forward without a plan" to address potential impacts to the eagle nest and related buffers.
Next steps: the commission’s recommendations will go to town council for final decisions. Staff said the zoning map boundary adjustment must be recorded before any final plat resulting from the application, and the applicant will continue coordination with utility districts, state and federal wildlife agencies and staff to resolve identified issues before final plat and construction.
