John Scarffe, Nederland. The crowd at the Nederland Community Center burst into applause and cheers after they found out Nederland will be getting a new Mexican restaurant. The Nederland Board of Trustees approved a liquor license for the restaurant during a regular meeting at 7 p.m. on Tuesday, April 16, 2019.

Town Clerk Hope Jordan introduced an application for a liquor license for the Rincon Del Sol’s Colorado Hotel and Restaurant Liquor License Application in the Caribou Shopping Center in the building formerly occupied by Dot’s Diner.

Rincon del Sol is a Colorado Corporation Company in good standing with the State of Colorado, Jordan said. The property is in compliance with public works water regulations, fire and safety and zoning ordinances, rules and regulations and is in compliance with the 500-foot distance prohibition in regard to public or parochial school, or the principal campus of any campus, university or seminary.

Individual history records have been summited by Dan Harrower and Froy Martinez. Results of the background investigation have not yet been received. Martinez has owned a restaurant in Boulder and had one issue in 2010 when the restaurant was cited for serving a minor.

Martinez said he is glad to be part of this community. He likes to be in a quiet community for himself and his family. Harrower said he has been in Nederland for nine years and has owned several businesses. He is looking forward to moving ahead and hopes to open within a week of Cinco de Mayo.

The board moved an action item to the consent agenda regarding waiving fees for Wild Bear. The board members of Wild Bear Nature Center are seeking a fee waiver for the fee associated with a zoning amendment from Public (P) zoning to General Commercial (GC) zoning.

Staff supports the request in light of anticipated construction costs to build the new Nature Center. The town would not receive the $2,000 for a rezone application and the staff time would be treated as an in-kind donation.

The board moved action items regarding ordinances for short-term rentals (STRs) and accessory dwelling units (ADUs) to discussion items, because the meeting room was crowded with folks waiting to talk about those issues. Town Attorney Jennifer Madsen sent out a draft of the STR ordinance and then went over the basic provisions, so the board could discuss outstanding policy items regarding potential modifications to the licensing chapter related to short-term rentals of residential property.

On July 17, 2018, the trustees met in a work session to discuss a draft ordinance for regulation of short-term rentals. The purpose of the ordinance was to address the impacts of short-term rentals to neighborhoods and infrastructure.

At the March 19, 2019, meeting, the trustees again discussed amending the ADU regulations and adopting short-term rental regulations. Staff was directed to draft a short-term rental ordinance so only a primary residence may be licensed as a short-term rental and a whole house short-term rental is capped at 30 days per year.

If the primary resident is present, a portion of the house may be short-term rented without a cap. The board is considering potentially allowing existing accessory dwelling units that are detached to be rented as a short-term rental.

The trustees agreed that long-term rentals would be permitted in all structures. Long-term rentals are defined as a rental of more than 31 consecutive days. Based on this direction, staff prepared a draft short-term rental ordinance for the board’s consideration and additional discussion.

Madsen told the board that the most effective way to regulate STRs is through a licensing program, which would require a Colorado identification, voter and vehicle registrations or residency for tax purposes to establish a primary residence. A full-house rental would be limited to 30 days per year.

Madsen said that other items for consideration include safety precautions such as a smoke detector, carbon dioxide monitor, fire extinguisher and addition parking off street, mandate an insurance requirement and require a local agent or contact person. She also suggested prohibiting special events such as weddings or parties. Occupancy restrictions would address how much of your hosted rentals can be rented, such as two people per bedroom.

During public comment on STRs, 13 people addressed the board against the STR ordinance, with only two residents in favor of the ordinance. Darryl Purpose, an American singer-songwriter known for his narrative lyrics and fingerstyle guitar, serenaded the board with two songs.

Before becoming a professional musician, Purpose was a professional blackjack player and was known as one of the best in the world. In 2010 Purpose was inducted into the Blackjack Hall of Fame.

Purpose said he loves Nederland. He has been around the world, and in 2004 hit the lottery and picked his favorite place in the world, Nederland. He moved here in a snow storm and knew he would be here forever.

When Scott Harrison was putting up the Carousel of Happiness in Nederland, he wrote a verse and sang it to the board. Regarding the STR ordinance he said: “This feels like economic suicide and will take away half the visitors in Nederland. Will Crosscut be open a year from now?” He sang one more song about reaching the top of the mountain. “You can reach the top. I’m just saying.”

Mayor Kristopher Larsen said this is the first time the board has been serenaded. Other comments included those who don’t think the board has listened to them regarding STRs and the economy. Darren Stepanik, an insurance agent and broker in Nederland, said that STRs add to this community and bring revenue to businesses, and Nederland is a tourist town, but our town has very few places to stay and the board has not addressed the stakeholders in this matter.

A town resident said that an STR next to her has affected her quality of life, and she feels as if she lives next door to a hotel. Nederland needs regular, affordable housing for teachers and others, and she has brought staff members from the elementary school who couldn’t find housing to talk to the board, but they have since moved away. She doesn’t like everything in the ordinance, but she is willing to compromise.

Trustee Kristen Conrad said she agrees with most of what was said and has no disagreement that Nederland needs tourism, and STR people are nice. It is a lucrative business, but it is displacing long-term occupancy. “It does not recognize the threat to our town and community, but the primary threat is we just turn into another shallow mountain town with no community fabric, and there won’t be a critical mass to keep it going,” she said.

Trustee Jonathon Baumhover said he didn’t hear anyone say no to taxation and to working with town on regulations. STRs are very important to this town.

His relatives have to stay at STRs when they come to town. “We hear all sides and it’s our job to write policies that are fair and address all the issues,” Baumhover said. “We are aware of the benefits of STRs but are aware that people from out of town will buy properties.”

Baumhover said he would like to discuss regulations, taxes and the 30-day limits, but there needs to be regulation and time to address the housing crisis in town. Gustafson agreed with most of what was said but wants to discuss reaching out to stakeholders. Town staff does a good job of letting people know through the website, newspaper and posting on social media, but it’s up to citizens to understand what is happening and get involved.

Mayor Larsen said it’s been wonderful hearing the stories and suggested bringing this back at the next meeting as an action item for further discussion.

(Originally published in the May 2, 2019, print edition of The Mountain-Ear.)