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BOT defends Nederland’s need for emergency moratorium

Christopher Kelley
Posted 2/9/23

On Tuesday, February 7, 2023, the Nederland Board of Trustees (BOT) met at 7 p.m. to discuss making changes to the Town’s zoning code pertaining to lot consolidation in the Central Business

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BOT defends Nederland’s need for emergency moratorium

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On Tuesday, February 7, 2023, the Nederland Board of Trustees (BOT) met at 7 p.m. to discuss making changes to the Town’s zoning code pertaining to lot consolidation in the Central Business District (CBD). An emergency moratorium on all downtown development applications is in effect while the zoning code is being reviewed, which has elicited retaliatory measures by CBD property owners, such as the barricading of various parking lots.

The BOT approved the official appointment of John Mountain to the vacant Trustee position. A motion to appoint Mountain was approved by the BOT on January 17, and he signed his Oath of Office with Town Clerk Macy Caligaris and Mayor Billy Giblin on February 1.

Also the BOT approved the contract agreement with Nederland’s new Sustainability Coordinator, Leah Haney. Haney is a Nederland resident with a background as a communications professional and project manager who specializes in clean energy, natural food production, waste management, and sustainability-focused technology.

Dr. Bob Widner, partner with the Town of Nederland’s legal firm Widner Juran LLP, led the BOT in a presentation concerning community planning and the development of land-use tools. Common municipal land-use tools include subdivision control, zoning regulations, transfer of development rights, establishment of historic districts, and other conservation and development plans.

Widner has spent 34 years representing governments and communities all across the state of Colorado, with a majority of his cases involving land use; he has also taught land-use law. Widner explained to the BOT how land use is the “most impactful thing that a governing body can do for its community,” which involves a municipality planning its future and then drafting regulations to enforce that vision.

A town’s comprehensive plan is meant to be an adaptable document that defines, as Widner puts it, “what a town wants to be when it grows up,” that is born from community input and review by the Planning Commission. The comprehensive plan can be as elaborate and detailed as the town desires it to be, and is expected to be reviewed and updated. Nederland’s comprehensive plan has not been updated since 2013.

Regulations are meant to be “tools in the tool box” used to ensure that the Town’s vision, as outlined in the comprehensive plan, is being retained. Having a solid and updated comprehensive plan is a necessity in order for a municipality to draft intentional ordinances that accurately reflect its goals.

New regulations do not affect the legality of existing properties unless the property owner applies to change its zoning or the property is completely demolished and there is a desire to rebuild.

Widner explained to the BOT the power of moratorium and its intended uses, stating that it is an approved land-use practice meant to provide a municipality with time to review and update their comprehensive plan in order to draft more relevant regulations. A moratorium is classified automatically as an emergency due to it involving the prevention of an undesirable land-use application passing despite it being against the Town’s vision.

Trustees asked Widner how to update Nederland’s comprehensive plan expediently, to which Widner explained that there are smaller, more focused steps which can be taken. Such steps as “subarea planning” allows a team appointed by the BOT to review the comprehensive plan, to hyper focus on one specific area of the community.

Widner noted that if the appointed team determines that the 2013 comprehensive plan is adequate, the moratorium can be lifted and business is conducted as usual. Otherwise the moratorium will continue until the team makes the necessary updates to the plan and drafts new regulations.

The BOT engaged in a discussion concerning potential updates to the Town’s zoning code aimed to better reflect the goals for the Central Business District (CBD) as outlined in the 2013 Comprehensive Plan and Envision 2030. On January 17, the BOT passed a fiveweek emergency moratorium on the acceptance and processing of land-use applications that involve property within the CBD.

Trustees primarily reviewed Nederland Municipal Code Article VII, which covers matters of Lot Consolidation and is considered an “easy administrative process” requiring “very little scrutiny or public input.” Suggested changes to the zoning code include improvements to the overall lot consolidation application process, such as specifying that applicants provide architectural and engineering plans, a projected budget and proof of funds, and a projected timeline and deadline of the construction process.

Trustee Tania Corvalan and Mayor Billy Giblin, who compiled the Agenda Information Memorandum for this discussion, defended their decision to put the emergency moratorium onto the BOT’s January 17 agenda. Mayor Pro-Tem Tom Mahowald desired to know the intent behind placing the moratorium, implying that the timing of its implementation seemed “fearful” and “reactionary.”

Giblin retorted that “fear” is an emotion, while his and Corvalan’s actions could be better described as “cautious,” considering they are stewards of the town. Corvalan, along with Trustee Eric Coombs-Esmail, stated that the moratorium was a preventative measure placed as a result of the concern that property owner Ron Mitchell’s submitted application for lot consolidation did not include any specific design or construction plans. Town Staff deemed the application “incomplete” and the moratorium was placed to set better, more concrete language in the comprehensive plan to protect the Town’s identity and vision.

The BOT discussed putting together a team and defining how that team would operate in reviewing not just the 2013 comprehensive plan document, but also the Town’s design principles, Envision 2030, and the NDDA master plan. Trustees hoped for an expedited process and estimated the team would require six months to review the comprehensive plan. However, it was understood that any updates to Nederland’s comprehensive plan would be subject to community input as well as input from the Town’s other boards and commissions.

In other business, Trustees were tasked with voting on Resolution 2023-08, which aims to amend the Town’s financial policies in order to invest its money in fund trusts like CSAFE. Currently, language in the financial policy prohibits the Town of Nederland from investing money in anything that is not authorized by state law or approved by the Public Deposit Protection Act (PDPA).

A motion was made to approve Resolution 2023-08 with an amendment to one sentence that would prioritize safety over liquidity and yield. The BOT voted unanimously to approve the motion.

On October 18, 2022, the BOT directed Town staff to review Nederland’s short term rental (STR) ordinance and provide Trustees with information regarding reinstating Class A licenses to allow for detached accessible dwelling units (ADUs) to be utilized as STRs.

The Town had prohibited ADUs as STRs in the original Ordinance 798 in a hope to encourage ADUs to be used as long-term rentals to increase affordable housing. Ordinance 836 removes the previous restrictions and allows for Class A licenses to be reinstated, effective in 30 days.

The BOT voted unanimously to approve the Ordinance. Town staff noted that the conversation on STR regulations will continue and that they will provide information on the impact that STR restrictions has had on other municipalities. They will also provide information on potentially performing an STR audit.

The Nederland Board of Trustees meet on the first and third Tuesday of every month. Their next scheduled meeting is on Tuesday, February 21, 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/board-oftrustees