John Scarffe, Nederland.   After staff recommendation for approval and overwhelming public support, the Nederland Board of Trustees approved the liquor license for the new Branding Iron restaurant in Nederland during a regular meeting of the Nederland Board of Trustees at 7 p.m. on Tuesday, August 21, 2018, in the Nederland Community Center. The board also approved a minor subdivision application for the Wild Bear Nature Center.

Heather Hatwan Productions LLC, doing business as The Branding Iron, a Colorado Limited Liability Company in good standing with the State of Colorado, applied for a Colorado Liquor Retail License Application with the Town Clerk’s Office, according to background. The applicant is in legal possession of the property with a lease dated July 15, 2018.

The property is in compliance with public works water regulations, fire, safety and zoning ordinances and is in compliance with the 500 foot distance prohibition in regards to public or parochial school, according to background. Background investigations have been submitted but results have not yet been received.

Town Staff recommended approving the application. Opening the Public Hearing, Mayor Kristopher Larsen said the relevant neighborhood for public comment is the entire town.

Hatwan told the Board that she feels as though her business at the Stage Stop in Rollinsville was successful. She employed all locals for five-and-half years, and will be of service to the town of Nederland as well.

During public comment, one resident spoke against approving the retail liquor license application, while thirteen attendees spoke in support of approving the application. Many of them are former employees of Hatwan.

Comments included: “She employs all locals and supports their family when they are having a hard time.”

“It’s a great asset to have another stellar restaurant in town.” A former cook pointed out that a liquor license is very important to cook high-quality food.
Martina Cook said she is not a resident, but worked with Heather, and from a community side, we need another restaurant like this in the area.

“Heather’s been upstanding and never has there been an incident, and see the work she does in the community.”

Gilpin County also has looked into it, the attorney said. There is nothing about this dispute that has anything to do with the liquor license. It would have nothing to do with the liquor license application.

Resident Charlie Allen said it’s a pleasure to see the restaurant. He had hoped the former owner of another prominent local café would have cleaned better before she left. “What goes on when you have to move a business out, it’s not an easy thing.”

Mayor Pro-Tem Julie Gustafson said she thinks it’s unfortunate about circumstances of departing the Stage Stop and hopes it can be resolved. “I feel like I’m legally obligated to look at meeting the requirements for the license, which were done perfectly.”

The Board approved the application. Previously in the meeting, the Board considered a Minor Subdivision Application for Boulder County (property owner) and Wild Bear Nature Center at 0 Peak to Peak Highway. (Lot 2 Block 3 Big Springs Park Meadows).

Co-applicants Boulder County and Wild Bear Nature Center are seeking approval from the Town of a minor subdivision to acknowledge its surveyed five acres on the corner of Colorado Road 128 and Highway 72, according to background.

The currently undivided tract is zoned Public (P), as it is owned by Boulder County. The Planning Commission considered this application at its July 25, 2018, meeting and it was approved to recommend to the Board of Trustees.

The application proposes to divide the existing parcel into two separate lots to provide Wild Bear with a 4.93 acre parcel in trade for a lot of the same size outside of the town intended for development of a nature center, according to background. The lot previously slated for development was affected by considerable mining activity in that area.

The total acreage of the entire vacant tract is 30.25 acres with electric service and other utilities to the south at the Caribou Room and for single family residences along Indian Peaks Drive. The Police and Fire departments expressed no concerns.

Regarding zoning, the Public zone stipulates that “uses permitted in this zone district must be publicly owned.” Wild Bear is a private non-profit, thus the Public zoning classification would result in nonconformance, states background.

“Many of the uses required by Wild Bear are also in conflict with allowances of the P zone,” according to background. “For this reason, Town staff and the Town Attorney would recommend rezoning the parcel to General Commercial (GC). The multiplicity of uses within the Nature Center are allowed either by right as well as by Special Review Use (SRU).”

“The Caribou Room across Indian Peaks Drive to the south is also zoned GC. Wild Bear has been informed and will apply for a rezoning and SRU co-application to be in compliance,” according to background.

The conservation easement by Boulder County also mandates the property only be used as a nature center. The application proposes two total lots, and the parcel to be developed by Wild Bear Nature Center has a total lot size of 217,800 square feet.

The parcel is currently vacant. Wild Bear procured a grant in 2007 to plan the nature center for an 8,500 square-foot facility on the 5-acre parcel just outside of the Town. In 2013, a large sinkhole made the parcel unbuildable.

Wild Bear worked with Boulder County to swap the parcel for another of the same size. The process requires the parcel within the Town’s boundaries owned by Boulder County to be subdivided in order for Wild Bear to proceed in its intended development process. Town staff has reviewed the application and has no objections to approval, or to waiving the larger subdivision review.

Wild Bear Executive Director Jill Dreves told the board that this will allow Boulder County to swap Wild Bear’s land deed from the north end of Mud Lake Open Space to this site on the south end. It will be easily accessible to the residents of the Town of Nederland as well as to visitors who travel on the Peak to Peak Scenic Byway.

“Whatever we do, there will be a huge improvement,” Dreves said. It will be in walking distance of the elementary school and will have increased trail opportunities.

The property is located within Town limits, and it helps the Town achieve its comprehensive plan and Vision 2020. Nederland voters approved the annexation of a portion of the south side of Mud Lake, and included an environmental center, in 1989. Wild Bear purchased the five acres on the north side of the lake and did a lot to improve that area, Dreves said.

Then they ended up with a sink hole in 2013. In December 2017, Wild Bear received approval to swap the properties. The Wild Bear center is currently in downtown Nederland, Dreves said. The vision is for it to be a hub of learning about the importance of the natural world, and how to improve where we live.

The language for the conversation easement is not done yet, but it will be the same as previous language, Dreves said. If Wild Bear were to be dissolved, the property would still have the same restricted use. They will work with the Town to determine what’s best for utilities and sewage.

The Board unanimously approved the minor subdivision application. The Board met on Tuesday, September 4.

(Originally published in the September 6, 2018, print edition of The Mountain-Ear.)