The Nederland Board of Trustees (BOT) and Planning Commission met on Tuesday, February 13, 2024, at 7 p.m. for a joint work session. The focus of the meeting was to discuss and provide feedback on the Planned Unit Development (PUD) application submitted by Nederland Central Business District Redevelopment LLC, represented by property owner Ron Mitchell.

The PUD encapsulates six different sites within, and near to, Nederland’s Central Business District. Each site is expected to provide some form of community need: affordable workforce housing, childcare, or additional retail space.

Three of Mitchell’s parcels at 0 Highway 119 and 297 Boulder Canyon Drive are being proposed for Hillside Infant Care. The site would consist of eight workforce housing apartments located on the north lot, and a 5,580 square foot Infant Care facility on the south lot. The site designs indicate garage spaces and parking under the building, and a pavilion on the northwest corner that is specified as a “neighborhood gathering space with 180 degree views.”

Mitchell’s open lot at 100 1st Street is being proposed for a paid parking lot and more workforce housing. The site is expected to consist of 20 onsite and 11 on-street parking spaces, with more workforce housing, and will provide pedestrian and bicycle access to the trail along Middle Boulder Creek. Along with this site, Mitchell is proposing an easement to the Town of Nederland for public use for a multi-modal bridge across the creek, connecting East 1st Street to Lakeview Drive. All development on this site is planned with respect to the riparian corridor and floodplain.

171 and 173 West 1st Street, and 154 and 184 Highway 72 are being proposed for The Amsterdam. The multi-use complex will include 23 mixed-income residential units and a 4,388 square foot restaurant space. The PUD states that The Amsterdam would provide “a sense of place and destination within the downtown.”

101 and 115 East 2nd Street, along with parcels at 108 and 118 East 3rd Street are being proposed for a large, multi-floor mixed-use building with retail on the first floor and market-rate apartments above. The design plan also includes a community garden that will be created along North Beaver Creek.

Parcels at 5, 15, 25, 35, 75, and 95 East 1st Street, along with parcels at 40, 50, 60, and 72 East 2nd Street, and 155 East Highway 119, are being proposed for the construction of Alpine Crossing. Alpine Crossing would introduce a new downtown center which is expected to house a 120-room resort, 43 residential apartments, 331 underground parking spaces and 39 on-street spaces, and 28,000 square feet of restaurant and retail space. According to the PUD, the building is expected to be set back 25 feet from the south property line in order to “accommodate covered walkways and expanded sidewalks on the northside of 1st Street.”

35, 45, and 75 East 2nd Street would be redeveloped for the Alpine Crossing Service Site.

All developments are specified as having met EnergyStar requirements and promote “compact infill development”; additionally, the ideal placement of rooftop solar panels is indicated on every site plan.

Town staff included feedback from Nederland’s municipal departments. Sergeant Asa Mirriam noted that the total of all phases of Mitchell’s plan would result in an increase of 116 residences, with the potential of an estimated 232 persons, and stated that “this increase would put a strain on public safety.” He suggested that the BOT would need to consider hiring more deputies due to the potential 24% increase to Nederland’s population if Mitchell’s projects were to be approved.

The Nederland Fire Protection District (NFPD) stated that they are “seeking assurances that the final PUD will include all fire amendments in code, alarms, smoke detectors, standpipes in all buildings if required,” and noted that they would prefer that the proposal designs include a fire lane, fire truck access including garage access, a safe way for ladders to mount to the roofs, and an update to any fire hydrants that are within 600 feet of the facilities.

With Alpine Crossing planned to be built up to 50 feet, Mitchell met with Nederland Fire Chief Charlie Schmitmann and Fire Marshal Andrew Joslin to discuss the possibility of the Nederland Fire Department (NFD) supporting raising the building height limit from the current 35 feet. During their meeting on December 20, 2023, the NFPD discussed that Mitchell’s request to construct buildings up to 50 feet tall would require the purchase of a new ladder truck with a 100 foot ladder. A new ladder truck would cost $1.7 million, or $200,000 a year through a loan, which the District would expect Mitchell to pay for before being able to break ground on any development.

The District should have a final decision regarding the request to raise the building height limit from 35 to 50 feet within four months.

The Parks Department requested that preliminary parking plans be included in the final PUD, as well as plans for ADA compliance and expectations for land maintenance and plowing from Town staff.

The Utilities Department stated that, based on Mitchell’s PUD and the flow analysis of the wastewater treatment plant, the plant does not currently have enough capacity for the introduction of so much new infrastructure. Though additional information is desired from Mitchell in order to understand exactly how much water demand and wastewater flow will be introduced to the system, capacity expansion of the wastewater treatment plant would most likely be required.

Nederland’s Sustainability Coordinator Leah Haney approved of the specifications within the PUD to use geothermal heating, solar panels, and natural building materials, though she was concerned about the continued use of natural gas and unsustainable roofing materials. It was also noted that, from a sustainability standpoint, Mitchell’s plans would increase vehicle use in Town, as opposed to walkability and bikeability.

Town’s engineering firm JVA highlighted street grading and drainage concerns for each proposal, as well as utilities connection concerns, and had recommendations for traffic studies and vehicle turning analyses for Alpine Crossing and Hillside Infant Care. JVA also recommended that Town staff and the BOT review the offered easement for a potential second bridge across Middle Boulder Creek to assure it fits the Town’s required needs.

A written statement from urban design and planning firm Blackwood and Company was included with the PUD application on behalf of Mitchell and Nederland Central Business District Redevelopment LLC (NCBDR). The statement provides a summarized history of Mitchell and his decades of work in the Town of Nederland, and details much of Mitchell’s contributions to the community, including running the library from 1975 to 1979, giving the Town 1,000 square feet of land for the construction of the roundabout, donating to many of Nederland’s nonprofit organizations, and providing his work and expertise on several matters, from electrical wiring to plumbing and gardening.

The statement from Blackwood and Company also included the results from the community open house sessions Mitchell held on September 10 and 24, 2023, at the Nederland Community Center. Comments from the public were made on each of the six parcels, as well as general comments that ranged from constructive to less helpful

“Nederland as it is now is clearly the result of years of negligence, disrespect for the community and a spirit of ‘laissez faire,’ ” wrote one commenter.

“The development would bring critical companies such as Timberland, bike stores, outdoor stores, targeting new customers. An increase in housing would bring accommodation costs down, making it affordable for a wider economic spectrum of people,” wrote another.

“Not a fan of the ‘Central City’ look of the design,” one person simply stated.

Responses were provided for all of the legitimate concerns raised by the public during these sessions.

To those worried about the proximity of Highway 119 to the proposed Hillside Infant Care, the response from Blackwood and Company, representing Mitchell, was that “the Infant Care/Preschool play yard will be at a much higher elevation than the Highway and encircled with a fence to keep the children safe.”

To the statement that The Amsterdam is “bland” and does not add any character to the Town, the response was that the design “is in accordance with the Nederland Design Standards and Guidelines with articulated facades, covered walkway/ colonnade along the west façade of the building, well-identified entry and with the heavier stone work at the bottom of the building to anchor the building.”

One statement concerning the Alpine Crossing asks for the “old Nederland” not to be wiped out, and asks if the original buildings can be updated and retrofitted to be sustainable and ADA compliant. The response from Blackwood and Company notes that “old Nederland” is hard to define, and that “many redevelopment scenarios were explored early on in the planning process, including a piecemeal approach to infilling between the existing buildings, but none were financially feasible nor aesthetically desirable nor did they provide any additional parking, residential or hotel accommodations for the town.”

The PUD also notes that the proposal was formed to meet the goals and objectives of the 2013 Nederland Comprehensive Plan, the 2017 Nederland Downtown Development Authority Master Plan, Envision Nederland 2020, #NEDZERO, the 2014 Housing Needs Assessment, and the Nederland Design Standards and Guidelines.

Mitchell previously presented the PUD to the Planning Commission on December 20, 2023, during which he received feedback and fielded questions from commissioners.

Chair Steve Williams stated his belief that those residents concerned about Mitchell’s project potentially changing “the face of Nederland” were “fearful” and “ignorant” of the work Mitchell and his team were doing. Commissioner Michael Dye agreed with the sentiment being expressed throughout the meeting that “change is inevitable.” However, he added, the direction of that change is not inevitable.

Commissioner Linda Glasser requested that Mitchell produce statements from those East 1st Street business owners who are not his tenants concerning their support or opposition to the proposed construction. Commissioner Jim Reis raised concerns about the projected five- to ten-year phased timeline for the project and asked Mitchell to assure, through contingency initiatives, that the Town would not be left with the empty shells of abandoned developments.

On January 24, 2024, Mitchell returned to the Planning Commission to request amending Chapter 16 - Article VI of NMC to allow applicants in the PUD approval process to forgo the preliminary process and proceed directly to final review and approval.

The official request stated that the current application covers all requirements under the final PUD approval process, and claimed that the project has earned the proof of support due to it having been “vetted in the community over the past eight to ten years.”

Commissioners directed Town staff to have SE Group, the third-party consulting firm currently drafting an update to the Town’s Comprehensive Plan, to expedite an assessment of Chapter 16 - Article VI and to return with draft code language by March.

The joint Work Session on February 13 continued the conversation between Mitchell, the Planning Commission, and the BOT, with an aim to fine-tune the PUD application to be reviewed by commissioners and later by a new board, and possibly a new mayor, after the municipal election on April 2, 2024.

Mitchell and Nancy Blackwood were present, as were Town Administrator Miranda Fisher and Community Planner Britt DeMinck representing Town staff. Trustees Tania Corvalan, Eric Coombs-Esmail, Luke Miller, Jesse Seavers, and Nichole Sterling were present from the BOT, as was Mayor Pro Tem Tom Mahowald and Mayor Billy Giblin. Commissioners Roger Cornell, Tim Duggan, Linda Glasser, and Steve Williams were also in attendance.

In addition to the members of the public who attended in person and online, Cheney Bostic from Studio Seed, and Caleb Schmitz of SE Group were also present via WebEx. Bostic and Schmitz are involved in the Town’s Comprehensive Plan update.

As technical difficulties were being addressed concerning the audio playback for online viewers of the meeting, Mitchell told a story of the first time he attempted to move a house up to Nederland through the canyon. He explained how it became stuck in the tunnel, and traffic had to be diverted for three days.

After formal introductions, Trustee Seavers suggested beginning by analyzing and discussing the concerns raised by Town departments, starting with Sergeant Mirriam’s assertion that the project would create a 24% increase to the Town’s population. Blackwood explained that, due to the phased construction plan, the population increase will be a gradual growth.

Mitchell noted that he felt the most significant of the Town’s concerns came from the Utilities Department, specifically about the water line beneath East 1st Street needing to be replaced. Mitchell stated that he would be meeting with JVA in order to determine which of the three projects to be constructed on or near East 1st Street would trigger the need for the water line replacement.

It was also explained that the water line replacement project would require East 1st Street to be closed for up to two weeks, though Mitchell does not expect any part of his development to affect thru traffic or delivery services.

Commissioner Reis asked how Mitchell was planning to mitigate the effects the development will have on adjacent businesses, to which Mitchell replied that most of his tenants have expressed that they will move into the new buildings, while some have expressed that they will leave or relocate. Mitchell said that the biggest concern of business owners is the effect the construction will have on parking, though he stated that the parking structure to be created at 100 1st Street will be developed first to accommodate East 1st Street businesses during the remainder of development.

In relation to parking, Mitchell specified that he will be including in his final PUD application a clause for back-in parking only. Mitchell has mandated back-in parking with other projects, including the Big Springs parking project, which he noted was successful but for one person refusing to back-in.

Trustee Luke Miller asked about what studies need to be completed concerning the feasibility of underground parking, and Trustee Sterling asked for clarification on whether there was a “plan B” in case underground was not possible. Mitchell answered that geothermal studies need to be completed and will be done before the public hearing on the final PUD, and stated that there was no contingency plan in case underground parking was determined impossible.

Mitchell also expressed concern about the request before the NFPD, as well as the BOT, to allow his Alpine Crossing development to extend five to ten feet beyond the Town’s current building height limit of 35 feet. The NFPD is currently assessing the request.

When Trustee Miller asked whether there was any “wiggle room” on the height of Alpine Crossing, Mitchell was adamant that Alpine Crossing must be three floors high, and detailed how retail stores prefer 12 foot high ceilings. Trustee Corvalan expressed that she thought Alpine Crossing was meant to have peaked rooftops, but they were absent from the designs; Corvalan said that Mitchell had told her directly that the peaked roofs were the reason for his request to build up to 50 feet.

In terms of sustainability, Mayor Giblin expressed concern as to how Mitchell could guarantee affordable rents for his apartment units and asked if Mitchell had considered current cost-saving technologies and sustainable practices, to which Mitchell stated that he had. Commissioner Reis asked for a timeline of the phased development plan to be created and made viewable for the public. Trustee Coombs-Esmail wanted to know if the plan took into consideration compliance with the Americans with Disabilities Act, to which Blackwood confirmed that all six projects would be completely compliant.

Mayor Giblin wished to know about other members of NCBDR. Mitchell expressed that he will introduce the team once the PUD is approved; Blackwell stated that the team would be fully structured by the time the final PUD is being presented. Mitchell was sure to indicate that the team will consist only of engineering firms and additional architects until the PUD is approved; once approved, Mitchell said that equity partners, financing entities, and lenders would possibly become members of the NCBDR team.

The questions regarding NCBDR were aimed to give Town officials an idea of who they would be working with during every stage of the estimated decade-long development. The conversation continued with Trustees and Commissioners agreeing that a third-party city planning expert should be brought on as liaison for the project, which was stated to be a common practice among municipalities when approving large developments.

No decision was made regarding the PUD application, nor was any public comment heard, which is not required during a Work Session. Mitchell, representing NCBDR, is expected to take the feedback from Commissioners and Trustees and incorporate it into his final PUD application. The matter of Mitchell’s PUD application will not return to the Planning Commission or the BOT’s agenda until some time after the April 2 municipal election.