NEDERLAND - The Nederland Planning Commission met on Wednesday, September 24, 2025, to continue their discussion on the recommendations from the Town’s Downtown Subarea Plan (DSP) regarding the proposed overlay district for East 1st Street and the specific design standards to be established for redevelopment. 

The DSP was approved by Commissioners on April 23, and by the Board of Trustees on May 6. The plan was developed by Studio Seed as a companion planning document to the all-encompassing Comprehensive Plan, with the specific focus on Nederland’s Central Business District. 

According to Town Manager Jonathan Cain, the development of a Downtown Overlay Zoning District to encompass East 1st Street is to “apply additional or modified standards” to the area without having to reclassify each property’s zoning designation. 

The overlay district also permits for the codification of form-based standards that can be set to establish a community-preferred “character,” defined through the design, form, look, and feel of Nederland’s downtown structures. 

Prior discussions by the Commission led to the boundaries of the overlay district being expanded, and nods of four in support of Town staff drafting an ordinance for the creation of the overlay district, and of updating and codifying specific downtown design standards. 

Work session

During a special work session, Commissioners decided that Planned Unit Developments (PUD) within the district should be forced to comply with the district’s standards, and then continued to tackle the several subtopics under yard and bulk regulations for the district.  

Commissioners agreed with the DSP’s recommendation for properties in the overlay district to be permitted a maximum lot coverage of 80%, adjusted for setbacks and space between adjacent buildings, as well as with the recommendation of a 10 foot front yard setback.

In regards to the recommendation of a five to 15 foot setback from rear alleys, there was a question as to why Nederland would refuse to adopt Boulder County’s established zero to three foot setback from alleys. It was stated that rear alley space, particularly for East 1st and 2nd Streets, would provide the space for delivery trucks and emergency vehicles. 

In regards to maximum allowable building height, Commissioners were unable to make a determination on whether to approve new buildings with pitched roofs being allowed to build up to 45 feet high as they required confirmation from the Nederland Fire Protection District (NFPD) on building height restrictions dictated by the capabilities of their ladder truck.

Also during the work session, the Commission agreed to: eliminate parking requirements for ground-level commercial spaces; make considerations for allowable uses of pedestrian spaces within the overlay district, including for vendors, outdoor eating areas, and for the common consumption of alcohol, determinable by Town staff; and set a limit of marijuana dispensaries for the overlay district so to promote a more “family friendly” environment. 

The discussion continued, with Commissioners poring over more particular design standards, and returning to the issue of limiting marijuana dispensaries while simultaneously promoting the open consumption of alcohol in areas of downtown. 

Commissioner Mike Dye did not believe that singling out marijuana businesses was necessary, considering that liquor stores were not also listed as in need of being limited on East 1st Street. The majority of Commissioners felt it was better to leave the language on limiting marijuana businesses out of the overlay district ordinance. 

Building compliance

There was repeated concern of the impact to south side East 1st Street businesses as their compliance with the standards in the overlay district would cause any redevelopment to be in danger of being built into the floodplain and too close to Middle Boulder Creek. 

Cain and Community Planner Britt DeMinck spoke of existing encroachment agreements and of non-conforming structures being allowed to be rebuilt as non-conforming within a certain time period, as well as floated the idea of instituting historic preservation protections to allow certain south side East 1st Street buildings to be rebuilt close to their original design and boundaries.

Commission Chair Jim Reis felt this was antithetical to the goals of the overlay district, of the Subarea Plan, and of the Comprehensive Plan. Cain reiterated that the Town does want conformity to the overlay district in all new developments, regardless of whether that means that south side businesses would need to be rebuilt to a smaller footprint. 

Despite Commissioners previously seeking information from the NFPD on whether they would be able to provide adequate fire coverage and protection for a 45 foot high building, they made the decision to approve 45 feet as the maximum allowable building height without having received that requested information. 

Commissioners also further discussed the maximum allowable building width, with the Subarea Plan having recommended 200 feet, while also establishing a maximum allowable footprint of “half a block” for new developments. A decision on this matter could not be reached as Commissioners requested the true measure of “half a block.”  

   Bakery Stand discussion

Commissioners also discussed the legality of a Bakery Stand proposed to be operated in a residential front-yard by a home-based baker, producing and selling goods under the Colorado Cottage Food Act. The proposed use currently is not listed in the use group table within Nederland Municipal Code (NMC). 

The Agenda Information Memorandum (AIM), prepared by Community Planner DeMinck, states that the goal of the bakery stand is to provide goods without affecting the “residential character of the property,” run solely by the baker, to be open daily “or only on select days based on demand.”

Commissioners were asked to consider “whether self-serve sales in a front yard constitute retail activity that requires a different level of review or permitting,” and the “potential cumulative impacts if multiple such stands were to operate in residential areas.”

The matters of instituting additional conditions, addressing potential impacts to the neighborhood, permitting use through a conditional use review, and whether to implement amendments to NMC, were also considered by the Commission. 

Town Attorney Jennifer Madsen specified that such use is specified in Section 16-76 of NMC as “home occupations,” which are allowed as a permitted accessory use provided that certain conditions are met.

One condition states “there shall be no exterior storage on the premises of material, customer property, or equipment used as part of the home occupation.” Another factor is that home occupations are not currently allowed on properties zoned as Central Business District (CBD). The property in question is zoned CBD and is located right off the side of Highway 72.

Madsen recommended that the Commission direct Town staff to draft a resolution to be approved by the Board of Trustees in October, and then focus on amending code language at a later date. The Commission made a motion to move the matter to action, and took Madsen’s advice when wording the next motion, so to expedite the process for this particular bakery stand.

The issue of amending NMC to either change the use group table or rewrite Section 16-76 to allow such stands in CBD and other zones will return to the Commission in November.  

The Nederland Planning Commission meets on the fourth Wednesday of every month. Their next meeting is scheduled for Wednesday, October 22, 2025, at 6 p.m. Meetings can be attended online via WebEx. 

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