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Timnath council approves Filing 9 final plat for Timnath Landing with conditions tied to ditch relocation and wildlife protections
Summary
Council approved Timnath Landing Filing 9 — 340 single-family lots, 36 acres of open space and new trail connections — but conditioned recordation on execution of the Aiken Lateral relocation agreement and required measures to protect eagles and migratory birds. The subdivision improvement agreement and other financing steps also advanced.
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The Timnath Town Council on Dec. 9 voted to approve the final plat for Timnath Landing Filing 9, clearing the way for 340 single‑family lots, roughly 36 acres of open space and a connected trail network — but the town attached conditions designed to protect water rights and wildlife and to lock in delivery timelines for planned community amenities.
Community Development staff presented the filing as the final major subdivision step for portions of Tracts A and B of the Timnath Landing master plan. “The filing represents the first phase of subdivision for the remaining undeveloped portions of those two tracts,” planner Mister Kemper told the council, and staff recommended approval with three conditions: allow staff to address minor, non‑substantive modifications prior to final signatures; withhold recordation until the Aiken Lateral relocation agreement is fully executed; and require protocols to protect bald eagles, migratory birds and other active nests prior to and during construction.
Developer and design team members described enhancements to the project. Jeff Norberg, landscape architect with PCS Group, said the filing includes an enlarged southern pocket park, an enhanced bocce plaza and a dog park, and reiterated that the filing is substantially similar to previously approved plans. “In total, we are proposing 340 single family homes with this Filing 9 plat,” Norberg said.
Matt Machado, representing the ditch owners, told the council the ditch owners are continuing negotiations on relocation and piping of the Aiken Lateral and said the owners support plat recordation being contingent on finalizing that agreement. “We are okay with the plan as proposed, which is that the plat would be approved contingent upon recording contingent upon reaching an agreement with the ditch owners,” Machado said. Council members pressed staff on enforcement; Mister Kemper confirmed the town will not record the plat until required signatures and the relocation agreement are in place.
Council also confirmed a planning agreement tying construction of the neighborhood park and the recreation center to development milestones: the rec center and park must be constructed no later than the thirtieth certificate of occupancy in Filing 9, language that was incorporated into the subdivision improvement agreement amendment the council approved later in the meeting. The amendment also updated cost allocations for Timnath Parkway improvements, added a $1 million payment‑in‑lieu for a redesign of the Busgrove segment and set other timelines and reconciliation dates through 2029.
Council members voted in favor of the final plat and related amendment after discussion of water rights, wildlife protections and park delivery schedules.

