The Nederland Planning Commission met on Wednesday, December 20, 2023, at 7 p.m. to discuss the upcoming update to the Town’s Comprehensive Plan. Commissioners also discussed the proposal from TEENS, Inc. to build a childcare center on public land, and reviewed a Planned Unit Development application concerning the future of over 20 land parcels within Nederland’s Central Business District.

Ayden Eickhoff and Gabby Voeller from SE Group led the Planning Commission in a discussion on the work the firm plans to conduct on the update of Nederland’s Comprehensive Plan, a guiding document which provides Town staff and officials with the necessary policy framework to enforce the community’s vision for Nederland’s goals for growth and development.

The cost of the comprehensive plan update was estimated at $200,000. The Department of Local Affairs’ Energy and Mineral Impact Assistance Fund Grant provided $100,000 of the needed funds, with the Town of Nederland providing the remainder.

Eickhoff and Voeller presented SE Group’s “Project Plan” and “Engagement Plan.”

The Project Plan included a timeline of all the meetings and public workshops planned, as well as the drafts and other reports to be delivered:

A “Visioning Open House” is planned for mid-January; a set of new base maps for Nederland and the areas most impacted by the Comprehensive Plan to be delivered in January or February; stakeholder meetings and a stakeholder survey tentatively scheduled for February and March; “Topic Area Workshops” planned for June and July; recommendations for the Central Business District Sub-Area Plan to be delivered in July; the Land Use and Zoning Code Audit to be delivered in July or August; a presentation of the first draft expected in September; and the final plan expected in October, to be officially adopted by December.

SE Group’s Engagement Plan first detailed their main sources for engagement, including the Town website, social media, and The Mountain-Ear. The plan also provided descriptions for all of the engagement-based activities.

The Visioning Open House, to be held some time between January 15 and January 26, is “a public event aimed at increasing awareness of the project, sharing information about the overall process, and asking a series of questions that relate to key focus areas. This event will also be an opportunity for members to directly engage with consultant team members.”

The Stakeholders Survey is planned to be conducted before stakeholder meetings, where groups will be formed based both on the chapters of the overall comprehensive plan, and other “more precise areas of focus.” Stakeholder meetings are planned to continue the discussions resulting from the survey.

The Topic Area Workshops to take place in May and June will be conducted after the “research and analysis” phase of SE Group’s four phase plan of action, and are designed to “dive into some of the Comprehensive Plan topics at a deeper level. These workshops would be aimed at confirming findings, trends, recommendations identified in the research and analysis phase.”

The Draft Plan Presentation planned for September will be a public meeting, with an option for virtual attendance, to take place after Town staff, the Commission, and BOT have reviewed SE Group’s first draft of the Comprehensive Plan update.

Commissioners discussed the proposal from TEENS, Inc. to lease Town-owned land at 750 West 5th Street, referred to as the Old Town Shop Site, for $1 a year for 99 years for the construction of a childcare center.

Commissioners previously discussed and approved changing the Use Group Table (UGT), under Section 16 of Nederland Municipal Code, to allow for the development and operation of private schools on lots zoned as Public through a Special Review Use process. The Board of Trustees (BOT) approved the change to the UGT on December 5, 2023.

Stephen LeFaiver, Executive Director of TEENS, Inc., was present to answer questions from Commissioners. LeFaiver detailed some of the other sites TEENS, Inc. assessed for the potential construction of a childcare facility, including lots owned by private landowners that, according to the assessment, would be too costly and would require site preparation that would take too long for development.

Commissioner Jim Reis asked for more clarification on the projected timeline for fundraising and on what contingencies TEENS, Inc. has planned regarding possible lack of funds or the need to surrender the building.

LeFaiver listed many of the major funders for TEENS, Inc. as well as the several organizations they partner with, who can assist in helping with funds and in sourcing other funders. The TEENS, Inc. Board of Directors had also discussed the possibility of applying for a zero interest loan and of leveraging their current resources, such as the property at 391 West 1st Street, which houses the current New Explorers childcare center.

LeFaiver’s proposal to the Commission showcased project designs, including a preliminary site map, interior blueprints of the first and second floor, and several design choices for the exterior of the building.

The designs were predicated on the possibility of the Town of Nederland agreeing to vacate West 5th Street, with TEENS, Inc. expecting to enhance the riparian landscape surrounding the creek as well as creating a utility easement and a public trail to run between the creek and the childcare center.

Commissioners asked about the biggest risks of such a project, about safety concerns due to the proposed center’s adjacency to a trailer park, and about whether the BOT has evaluated the possibility of affordable housing at 750 West 5th Street.

LeFaiver answered that staffing and failure to meet the Town’s needs were the greatest risks of the project, and stated that the trailer park was in no way a safety concern, while also specifying that the childcare center would have a six-foot fence and badge-access entry doors.

Town Administrator Miranda Fisher noted that the current BOT has not properly discussed or reviewed the possibility of housing on the Old Town Shop Site, though the Town did use the site as an example of what tiny home development would look like during a Housing Needs Assessment public workshop on April 6, 2023.

This matter will return to the Planning Commission on their January 24 agenda.

The Planning Commission also discussed the preliminary Planned Unit Development (PUD) application submitted by Nederland Central Business District Redevelopment LLC, represented by property owner Ron Mitchell. The PUD involves the proposed development of several of Mitchell’s properties.

Three of Mitchell’s parcels at 0 Highway 119 and 297 Boulder Canyon Drive are being proposed for Hillside Infant Care, a childcare facility, and workforce housing. Mitchell’s open lot at 100 1st Street is being proposed for a paid parking lot and more workforce housing.

171 and 173 West 1st Street, and 154 and 184 Highway 72 are being proposed for The Amsterdam, a multi-floor mixed-use building with market-rate apartments and storefronts and restaurant space on the first floor, with additional parking across the street.

101 and 115 East 2nd Street, along with parcels at 108 and 118 East 3rd Street are being proposed for The Rotterdam, a large, multi-floor mixed-use building with market-rate apartments and retail on the first floor.

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 to be razed for the construction of Alpine Crossing. Alpine Crossing would introduce a new downtown center which is expected to house a resort, apartments with promised workforce housing, another parking lot, and retail space for high-end shops.

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

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. He suggested that the BOT would need to consider hiring more deputies due to the potential 24% influx to Nederland’s population if Mitchell’s projects were to be approved.

Sergeant Mirriam’s concerns were quoted in the agenda information memorandum (AIM): “This increase would put a strain on public safety. There would be an increase to traffic, medical calls and crime. The Boulder County Sheriff’s Office would have a hard time policing the new proposed population with the current staffing levels.”

The Nederland Fire Protection District (NFPD) offered their recommendations, stating 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.

Mitchell had also 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, to allow for Alpine Crossing to be constructed with three to four floors, far beyond the current limit of 35 feet.

During the NFPD Board meeting on December 20, 2023, Schmidtmann provided additional information about the District’s concerns that were not included in the AIM prepared by Town staff for the Planning Commission.

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 expects Mitchell to pay for before being able to break ground on any development.

Schmidtmann noted that Mitchell’s $300 million dollar project, especially the Alpine Crossing plans, which would create over 150 luxury hotel rooms, will create such a monumental increase in service needs that the NFD would no longer be able to operate solely as a volunteer department, and that paid firefighters would be required to ensure public safety.

It was also mentioned during the NFPD meeting that, due to the rate at which Mitchell expects the project to move forward, 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 specified that they would like to see preliminary parking plans 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 current 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 stated in her assessment of the PUD: “the plan incorporates many key sustainable practices including geothermal heating, solar panels, waste and water management, and natural building materials. However, the main concerns are: continued use of natural gas long-term, a substantial increase in vehicles and little room for bicycles, questions of building efficiency, natural environment protection, and unsustainable roofing materials.”

Town’s engineering firm JVA also reviewed Mitchell’s PUD. JVA highlighted street grading and drainage concerns for each proposal, as well as utilities connection concerns and recommendations for traffic studies and vehicle turning analyses for Alpine Crossing and Hillside Infant Care.

JVA noted that Mitchell’s proposal for a paid parking lot on 100 1st Street includes an easement for a potential second bridge across Middle Boulder Creek. However, it was recommended that Town staff review the easement to assure it fits the Town’s required needs.

As Mitchell fielded questions from Commissioners, the “fear” and “politicization” surrounding Mitchell’s project continued to be mentioned.

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.

Mitchell mentioned his belief that the “fear” surrounding his project could lead to making “averse decisions” or compromises which could risk the success of the project. Mitchell cited other risks to his project, such as changing international and national conditions, which affect the flow of commerce, the cost of materials, and the local economy.

Commissioner Linda Glasser asked Mitchell to produce statements from those East 1st Street business owners who are not his tenants concerning their support or opposition to the proposed construction.

Mitchell stated that he had spoken with the business owners in question and, while they were generally in favor of new parking being provided, the business owners were averse to making public statements in support of Mitchell due to the “politicization” of the project leading to customers potentially boycotting their businesses.

Reis raised concerns about the projected phased timeline for the project and asked Mitchell to provide further information regarding his contingency plans in the event that circumstances lead to the abandonment of the project.

Mitchell reiterated that construction on all major buildings will be staggered, with The Amsterdam to be constructed first. There will be a two- to three-year buffer between each phase of construction; Mitchell claims that a total of 12 years for construction of all buildings is a “worst-case scenario,” and expects his plan can be completed sooner.

As for his contingency plans, Mitchell stated that he could not predict what could happen within 12 years, but in the event of plan abandonment and property foreclosures the bank would obtain the properties and sell them to the highest bidder.

Reis questioned further, searching for assurance that the Town would not be left with the empty shells of abandoned developments. It was revealed through his questioning that Mitchell was also requesting an extension to the PUD process regarding the stipulation of a one-year period between a vote of support on a preliminary PUD and the vote of support on the final PUD. Mitchell was requesting an extension from one year to five years.

Despite the request for a five-year extension between the preliminary and the final PUD applications, Mitchell still expects to begin construction of The Amsterdam during that five-year gap. Fisher added that approval of the preliminary PUD is approval of all projects, and stated that the final PUD is only a formality meant to “tie a bow on it.”

Reis stated his concern that a blanket approval of the preliminary PUD could result in drastic changes being imposed on the PUD during the five-year gap before the expected automatic approval of the final PUD. Town Attorney Jennifer Madsen addressed the possibility of changes being imposed during the five-year gap and noted that any concern large enough to constitute a reassessment of the PUD approval would depend on the nature of the changes imposed.

Commissioners also asked about what stopgaps were in place to assure consistency of the project through multiple iterations of Town staff and BOT. They also asked how Mitchell intends to win over naysayers, and who Mitchell’s team members are, from designers to investors.

Nederland Community Planner Britt DeMinck explained that Fire Marshal inspections and SAFEbuilt provisions will ensure consistency of the project over its decade-long construction.

Mitchell answered that he does not intend to win over naysayers as he believes that their opinions will not be changed, and asks that those who are considering his proposal also determine whether they believe the project would be beneficial to the Town, particularly in terms of whether the plan creates income.

Mitchell mentioned his team members, including the designer, architect, contractor, and civil engineer, but did not disclose any of his financial partners or investors.

The matter of formal recommendation of the preliminary PUD will come back to the Commission in April, 2024, after the municipal election for four Trustees and the Mayor. A joint work session between the Planning Commission and BOT to further discuss Mitchell’s PUD was tentatively discussed.

The Planning Commission meets on the fourth Wednesday of every month. Their next meeting is scheduled for Wednesday, January 24, 2024, at 7 p.m. Meetings can be attended online via WebEx.

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