The Nederland Planning Commission met on Wednesday, August 30, 2023, at 7 p.m. to review possible changes to the Nederland Municipal Code (NMC) involving Short Term Rentals and the keeping of animals on private property. Commissioners also discussed the results of the Town’s Housing Needs Assessment (covered elsewhere in this edition of The Mountain-Ear).

Town Administrator Miranda Fisher led the Planning Commission in a discussion concerning the revised draft of an Ordinance for Keeping Animals.

The drafting process of the ordinance began in early 2022, when a subcommittee was formed to create the language pertaining to zoning limitations for animals, based on animal health and safety standards.

On March 15, 2023, commissioners discussed several issues with the language in the draft ordinance, particularly those relating to accurate definitions of “livestock,” “household pets,” and “small animals.” Commissioners also had issues with certain regulations affecting the keeping of pets like dogs and cats

There were also concerns raised about Nederland’s lack of proper animal control, potentially leading to issues regarding the ability to enforce some of the new regulations.

Since then, members of the Boulder County Sheriff’s Office and of SAFEbuilt code enforcement have read through the draft and have not listed any issues with the code changes. They indicated there were no concerns as far as enforcing the code in their applicable areas.

The 17-page draft ordinance has been edited down to nine pages by accurately clarifying terms and removing unnecessary language in both defined terms and certain regulations, including removing “Habitually Noisy Animals” from the list of definitions, and removing the limit of three of one species of animal allowed per household.

Commissioners disagreed about including specific language in the ordinance pertaining to every type of livestock animal permitted and every type prohibited. Some wanted to adopt language regarding keeping goats, sheep, pigs, cows, and turkeys, assuming that those animals not listed in the ordinance are automatically prohibited.

Town staff were asking for a more concise code with a clear checklist for licensing requirements in order to avoid having to come to the Planning Commission with specific licensing issues. Most commissioners felt it best not to load the ordinance with too much detail and instead to require those license applicants having unique circumstances not included in the ordinance, to appear before the commission in a public hearing.

Four commissioners voted that the Town create a review process for specific licensing issues regarding keeping animals not specified within the Keeping Animals ordinance.

The Planning Commission then discussed potential amendments to NMC regarding new regulations on Short-Term Rentals (STRs). The Board of Trustees (BOT) recently reviewed potential new STR regulations on August 15.

The potential regulations previously discussed included a requirement for the STR to be the primary residence of the license holder; a requirement for STR license holders to provide their guests with fire pit operation and safety information; implementing a cap on the total amount of active STR licenses allowed per person; a requirement for the home to be owned for a specified number of years before being allowed to apply for an STR license; establishing a fee for late license renewals; and requiring STR license holders’ emergency contact be a local resident.

Trustees were in favor of possibly establishing a hard cap on the total number of STR licenses to be permitted, requiring licensees to own and live in their home for up to two years before being allowed to rent their property as an STR, and also banning fire pits entirely.

Commissioners discussed more oversight by Town in regards to whole-home STRs, and asked Town Clerk Macy Caligaris, who presented the discussion topic, about how she manages complaints about STR licensees, licensees in violation of the policy, and any unlicensed STRs found operating in Nederland.

In response to commissioners stating that letters to the Planning Commission from the public have claimed that unlicensed STRs are operating in their neighborhoods, Fisher noted that the Town does not notify neighbors of licensed STRs as they are not mandated to do so.

Caligaris detailed her process of auditing STRs, which involves using the software Host Compliance to monitor rental activity in the area. The audits help to identify any potential violations of Town code regarding unlicensed STRs, though Caligaris specified that she has not often encountered such violations.

It was also noted that residents who experience issues with any neighboring STR can call the Boulder County Sheriff’s Office’s non-emergency number to make a report and expedite action on the issue.

Caligaris added that she has never encountered a situation where she was unable to reach a license holder about an immediate complaint or issue. According to Caligaris, most neighborly complaints typically reach resolution through her mediation, and she has dealt with such matters through open conversation and finding a compromise that is fair to all parties.

Town staff suggested forming a subcommittee to further review the proposed regulations and return to the Planning Commission with their official recommendations. Chair Steve Williams and Commissioner Stephanie Herring volunteered to sit on the subcommittee.

The Town of Nederland and representatives of the family owning a large parcel of land along Highway 119, known as the Wingate property, are requesting a variance pursuant to NMC Section 17-111, and to waive the requirement that the Town continue paying for the leased parcel of land that was meant to be gifted to the Town, as per Mary Wingate’s will.

In September, 2000, Wingate transferred to Nederland one parcel of land designated as “Purchase Property” and another parcel of land as “Gift Property.” She passed away in 2020 and her daughter, Laurie Wingate, has been working with Town staff on developing a subdivision plat that separates Wingate-owned property from that which was gifted to the Town.

The subdivision plat shows a division of six lots, which requires a major subdivision application. Due to the fact that the parcels gifted to the Town have conservation easements imposed on them so they cannot be developed, the Town is asking for a variance to process the subdivision as a minor subdivision, rather than major.

The Planning Commission voted unanimously to recommend approval of the variance.

The Nederland Planning Commission meets the fourth Wednesday of every month. Their next meeting is scheduled for Wednesday, September 27, 2023, at 7 p.m. Meetings can be attended online via Webex.

For more information go to: https:// townofnederland.colorado.gov/ planning-commission