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BOT approves rezoning of 100 1st Street

Christopher Kelley
Posted 4/6/23

The Nederland Board of Trustees (BOT) met on Tuesday, April 4, 2023, at 7 p.m. to make their final decision regarding the proposed rezoning of 100 1st Street. The BOT also voted on whether or not

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BOT approves rezoning of 100 1st Street

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The Nederland Board of Trustees (BOT) met on Tuesday, April 4, 2023, at 7 p.m. to make their final decision regarding the proposed rezoning of 100 1st Street. The BOT also voted on whether or not to enter into a five-year loan agreement in order to purchase over half a million dollars in new equipment for the Streets Department.

The BOT approved many items, including Resolution 2023-18, which states the Board’s support for the Town of Nederland applying for the Transportation Alternatives Program (TAP) grant. The request of $321,367.50 from TAP, which requires a 20% match from the town, would fund the replacement of the rock and sand sidewalks on Snyder Street, 2nd Street, and East Street.

Trustees approved Resolution 2023-17. The resolution authorized the use of $30,000 to fund restorations to the Nederland Covered Bridge, which includes a new roof, new siding and trim, and new window boxes to be installed by Kape Roofing and Exteriors. The Nederland Covered Bridge restoration is a project originally from the Nederland Downtown Development Authority.

The BOT also approved an agreement with Kinser Membrane Solutions LLC for their services regarding an ultrafiltration system evaluation for the Town’s Water Treatment Plant (WTP). The scope of services involves conducting a full evaluation in order to produce recommendations for improvements to the operations of the WTP.

Director of the Nederland Community Library Elektra Greer led the BOT in a presentation about an international student exchange through a sister library program recognized by the International Federation of Library Associations and Institutions (IFLA).

Nederland’s sister library, Bibliotheek van Zeeland, is in the city of Middleburg, Netherlands, the capital of Zeeland Province. Bibliotheek van Zeeland has a total staff of 163 and loaned over 424,000 items in 2021. Greer visited Middleburg and discussed Nederland’s history. She also met with students in the Netherlands, discussing their interests in sustainable living and combating climate change.

Greer’s presentation indicated how Nederland high school students would benefit from the student exchange program with Middleburg, as the experience would greatly strengthen their intercultural awareness. It was also noted that the program would provide opportunities for professional, educational, and artistic exchanges, economic opportunities, and assistance in Nederland’s sustainability efforts.

The BOT revisited an Action Item from their meeting on February 21, 2023, which had been postponed because the meeting had reached its four-hour deadline.

Property owner Ron Mitchell, representing Nederland Central Business District Redevelopment (NCBDR) LLC, is requesting to rezone his property at 100 1st Street from High Density Residential (HDR) to Central Business District (CBD).

Mitchell wants to utilize the 1.2 acre property as a paid parking lot with a “mini-park,” and claims that construction on the property will also result in drainage issues for that area being addressed. Under use-by-right, Mitchell could utilize his property however he would like if the lot were to be rezoned to CBD, though a paid parking lot would require a Special Review Use (SRU) application process. Under its current status as HDR the property could be used to provide workforce housing.

Residential neighbors to the lot have been vocal during public comment at recent government meetings involving this matter, expressing their wish for the lot to remain zoned as HDR. Mitchell has provided a petition from businesses in the CBD that state their wish for the property to remain a parking lot.

Mitchell’s request was denied by the Planning Commission during their meeting on January 25, stating their belief that the proposal did not have the support of the impacted community and that the Town’s need for housing trumped its need for parking.

On February 21, the meeting reached its deadline before Trustees could hear public comment and make a final decision on the matter. Trustees continued with their comments and clarifying questions about the rezoning matter during the April 4 meeting, attempting to determine whether a paid parking lot or more housing better reflected the goals of the Town and desires of the community.

In their efforts to find a compromise, Trustees discussed with Mitchell several options pertaining to ensuring the property would be used for parking. One such option suggested included zoning the property Neighborhood Commercial, which would require an SRU process to allow paid parking. Another option included making changes to zoning law to allow paid parking to be constructed on HDR-zoned property.

Some rustees seemed in favor of Mitchell’s plan for a paid parking lot on 100 1st Street, but others did not feel that the request to rezone met the proper criteria, in that there was no proof that the property was originally zoned in error, the area has not significantly changed since it was zoned originally, and that it is not necessary to rezone the property in order to provide paid parking.

A motion to deny the request to rezone 100 1st Street from HDR to CBD was madeandfailedina4-3vote.Amotion to approve the request was made and passed 5 - 2.

Trustees then addressed approving Ordinance 839, which concerns entering a five-year loan agreement with Clayton Holdings LLC for $511,000 to purchase new equipment for Nederland’s Streets Department.

The Streets Department is requesting a new water truck with a 4000 gallon capacity tank, priced at an estimated $84,500; a 2023 Caterpillar Model 140 LVR motor grader for $338,000; and a 2023 Dodge Ram Model 3500 truck for $83,395.20.

The BOT unanimously approved Ordinance 839.

Town Attorney Jennifer Madsen presented Resolution 2023-19, which states the Town of Nederland’s opposition to Senate Bill 23-213, which proposes changing municipal zoning laws across Colorado in an effort to enforce housing construction. The bill does not enforce affordable housing but instead promotes market level housing.

Trustees were provided an analysis of SB23-213 conducted by the Colorado Municipal League (CML), who stated their opposition to the bill based on it taking control of zoning laws from municipalities, not factoring in the needs of specific communities, not implementing an affordability component to the legislation, and exempting urban development in counties.

The BOT considered the consequences of SB23-213 if it were to pass and opted to oppose the bill by voting unanimously to approve Resolution 2023-19.

Nederland’s Sustainability Coordinator Leah Haney led a discussion concerning the proposal to apply for a Recycling Resources Economic Opportunities Mini-Grant. The amount of $23,000 from the mini-grant would be used to fund the purchase of 50 compost tumblers for home use, which will be raffled off to residents by the Sustainability Advisory Board at the Nederland Farmers Market.

Haney detailed the heavy-duty compost tumblers, outdoor units designed to be animal-proof, that retail for roughly $428 each. Haney noted that the units are the right size for a three-person family and that they are specifically designed with insulated chambers for cold weather.

The grant application is due by April 28, and there is no match required. However, the mini-grant is a reimbursement grant, meaning that the $23,000 would be spent by the Town by July 2023 and would then be reimbursed through the grant no later than December 29.

The matter will be brought up for final approval during the next BOT meeting on Tuesday, April 18.

Town Attorney Madsen led a discussion concerning amendments to Nederland Municipal Code (NMC) Sections 2-1, 2-4, 2-5, and 2-6. The proposed changes are meant to provide consistency in the current elections process, clarify the terms of office for Trustees, to permit write-in candidates for elections, and to allow for the cancellation of an election if the number of candidates matches the amount of open positions.

The BOT gave a nod of four in approval for Madsen to draft the amendments in a proper ordinance to be discussed, finalized, and voted on for approval by the Board at a later date.

Trustees engaged in a short discussion concerning proposed updates to NMC Section 11-84, which prohibits the use of scooters and razors at the Nathan Lazarus Skate Park. The use of scooters was originally prohibited due to concerns that the different riding style might cause potential collisions with skateboarders. However, the Parks Department has not seen the mixed use of skateboards and scooters at the skate park be an issue.

The Nederland Board of Trustees meet on the first and third Tuesday of every month. Their next scheduled meeting is on Tuesday, April 18, 2023, at 7 p.m. and can now be attended either online or in person at the Nederland Community Center. For more information: https:// townofnederland.colorado.gov/boardof trustees