The Nederland Planning Commission met on Wednesday, November 29, 2023, at 7 p.m. to vote on several code amendments affecting private businesses operating on public land. They also voted on the keeping of animals.

Commissioners were tasked with voting on Ordinance 854, which amends Nederland Municipal Code (NMC) Chapter 16, Section 16-32, to allow a Special Review Use (SRU) process for proposals that involve “private elementary and secondary schools, State-licensed group homes for the developmentally disabled, and child care centers” operating their businesses on a public-zoned lot.

The suggestion was brought up by the Board of Trustees (BOT) on October 3 during discussion of the TEENS, Inc. proposal to lease Townowned land at 750 West 5th Street for the construction and operation of a childcare facility. Trustees at that meeting approved having the Planning Commission consider changing the Use Group Table (UGT) to allow SRU for such proposals.

The SRU process goes before the Planning Commission for review and a public hearing. Any matter concerning changes to Chapter 16 of NMC also requires a public hearing by the Commission.

The majority of Commissioners were in favor of allowing SRU and believed the SRU process is appropriate for thorough analysis by the Commission and the BOT. It provides more than adequate opportunity to allow for public scrutiny. Commissioners also shared the belief that a school was a sensible use for public land.

The Commission voted to approve recommendation of Ordinance 854.

The Commission then reviewed and discussed Ordinance 853 before voting on whether to approve recommending the ordinance to the BOT. Ordinance 853 also involved amending NMC Chapter 16 Section 16-32, changing the UGT to allow use-by-right for public and paid parking lots in certain zoning districts. This would also include the Central Business District (CBD), Neighborhood Commercial (NC), and General Commercial (GC).

Public and paid parking is currently defined under “other commercial activity.” This is considered allowable in the aforementioned zones by SRU, as long as the lot offers no more than 20 parking spaces.

Paid parking has been added as a line item in the 2024 Town Budget, and is projected to bring in $57,500 in yearly revenue.

Town Attorney Jennifer Madsen provided the five-page draft ordinance, which included details on paid parking lot regulations concerning the signage lot owners must provide, as well as the number of bicycle racks.

According to the ordinance, “paid parking operators are required to provide bicycle racks on the parking lot in an amount that is equal to 10% of the number of marked parking spaces in the parking lot.”

The ordinance also detailed requirements on the design and operation standards of parking lot kiosks and parking signs that include scannable QR codes. Paid parking kiosks are expected to accept currency as well as credit and debit payments and other payment types, and must produce a receipt which authorizes and indicates the amount of time paid for.

Scannable QR codes are regulated to operate the same as the kiosks, though through digital use and payments only. Signage is required to legibly indicate “the days and hours when the requirement to deposit coins or tokens or to otherwise make payment shall apply, the value of the payment required to be deposited or made, and the limited period of time for which parking is lawfully permitted in the paid parking zone in which the kiosk or parking signs with a QR code is located.”

Commissioners questioned whether the ordinance is needed to regulate the types of parking technology. The concern was that such regulation would create unnecessary barriers in the future. Town Administrator Miranda Fisher specified that additions or amendments to the ordinance can be brought before the BOT when the question of new technology arises.

There was also concern raised about the impacts to the neighborhoods just outside 1st Street and the Visitors Center, where paid parking is currently planned. Public comment during a recent BOT meeting also mentioned the concern that paid parking, despite that these lots will be enforced by Interstate Parking, will drive traffic to other lots and create opportunities for creative and invasive parking in residential zones within the CBD.

Regardless of some Commissioners expressing remorse for having to accept paid parking as a “necessity,” most were swayed by the promise that residents will be allowed to park for free on Town-owned paid parking lots.

Ordinance 853, amending NMC Chapter 16, Section 16-32 to change the UGT to allow paid parking useby right in CBD, GC, NC, and Public zoned lots, as well as any High Density Residential zoned property within the CBD, was approved for recommendation to the BOT.

Commissioners were tasked with voting on three separate code amendments, each a recommendation from the results of the Housing Needs Assessment, which aims to codify and allow certain incentives for the development of affordable and alternative housing.

Ordinance 850 involves amending NMC Chapter 16, Section 16-98 to allow for ADUs to be built before construction on a primary residence begins, allowing for the property owner to live in the unit while construction continues. Construction of the primary residence must also be completed within three years of the date on the certificate of occupancy issued for the ADU.

Ordinance 855 involves amending NMC Chapter 16 to change the UGT to allow alternative housing structures, such as Tiny Home Villages and Duplexes and Triplexes, SRU to be built in all residential zones, including Public-zoned lots, but not in CBD, GC, or Industrial.

Ordinance 856 involves amending NMC Chapter 16 to allow for up to 50% yard and bulk variance for deed restricted “affordable” housing through review by the Board of Zoning Adjustment (BZA). Per the Commission’s request, Madsen provided a draft ordinance which detailed a review process for such a variance to be held by the Planning Commission as opposed to the BZA.

Since Commissioners had spent several meetings discussing these ordinances, as well as a joint Work Session with Trustees, all three code amendments were approved for recommendation with minimal additional discussion.

The Commission also reviewed for final vote Ordinance 852, repealing and replacing Articles V and VI of NMC Chapter 7 and amending Sections 16-6 and 16-32 of NMC Chapter 16, which involves the keeping of pets and livestock.

After conversations with local ranchers, who provided additional insight on what changes could be made to the ordinance’s language, Commissioner Michael Dye was recommending adding mules, yaks, alpacas, and sheep to the list of large domestic livestock.

The need for a pet fancier permit was removed from the ordinance, replaced by an imposed limit of five dogs and five cats. Limits on other pets have been removed; the current limits on dogs and cats were also imposed to prevent the creation of kennels run out of the home.

There was brief discussion on Nederland’s current properties that house horses – of which there is only one – and whether the property would be grandfathered in and therefore rendered exempt from the keeping animals ordinance.

Fisher noted that any special allowance awarded the property owner would not affect any future owners. The property owner has the choice of creating a land trust as a way to ensure that any family inheritance of the property would include continuing the special allowance.

Fisher added that the property owner would still have to adhere to Section 7-122, concerning required permits, and Section 7-123, concerning the minimum health and safety requirements for the keeping of animals.

Commissioners also discussed the possibility of implementing a notification process for the neighbors of any property owner who is applying to keep hoofed animals on their property. There was concern that allowing a public hearing could lead to an increased number of neighborly grievances affecting the permitting process.

A member of the public called in to comment, voicing their opposition to the ordinance and stating that it was an example of the Town administration infringing on residents’ personal property rights. They also mentioned that the purpose of the Planning Commission is to “implement the provisions of Chapter 16 and 17” of NMC. Ordinance 852 is specifically about amending NMC Chapter 7, which covers public nuisances.

Fisher detailed that the decision for the Commission to oversee the drafting of the Keeping Animals ordinance came from the BOT, and also stated that the ordinance was less about neighborly concerns and more about sanitation and the health and wellbeing of animals.

Commissioners voted to approve the recommendation of Ordinance 852, returning the responsibility of finalizing and approving the draft ordinance back to the BOT.

The Planning Commission meets on the fourth Wednesday of every month. Their next meeting is scheduled for Wednesday, December 20, 2023, at 7 p.m. Meetings can be attended online via WebEx.

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