The Nederland Planning Commission met on Wednesday, January 24, 2024, at 7 p.m. to vote on the Special Review Use (SRU) application from TEENS, Inc. regarding their proposal to build a new childcare center. The Commission also discussed a request from a major landowner to change Town code and allow Planned Unit Development applicants to skip directly to the final approval process.

Commissioners were tasked with voting on an SRU application from TEENS, Inc. regarding the lease of 750 West 5th Street for the construction of a childcare center. The need for childcare options in Nederland has motivated members of the public to speak in support of the proposal from TEENS, Inc., while some voices from the impacted neighborhood have taken issue with the leasing of Town-owned property to a non-profit organization.

Town Administrator Miranda Fisher summarized the proposed project, and TEENS, Inc. Executive Director Stephen LeFaiver was present to answer the Commissioners’ questions regarding the SRU and the subsequent lease agreement with the Town of Nederland if the application were to be approved. Members of the public appeared in person as well as having submitted letters to fervently voice their opinions of the proposed childcare center.

A total of 46 letters from the public regarding the SRU application were received before the meeting, and a total of 21 community members made comments during the meeting. Of the 46 submitted letters (two of which were submitted by the same person), 35 were in support of the proposal, while 10 were opposed. Of those who made comments in person or online during the meeting, 18 were in support and 3 were opposed.

There has been a concern raised by members of the public that the majority of support for the proposal is coming from residents of Eldora, Rollinsville, Gilpin County, and Unincorporated Boulder County. TEENS, Inc. offered data within their SRU application to show how support from the October 3 and November 21, 2023, BOT meetings came mostly from Nederland residents. According to these statistics, provided by TEENS, Inc., and collected and analyzed by Trustee Nichole Sterling, of the total 44 letters in support submitted during those meetings, 68% were from “true” Nederland residents; including those who own a home or work in Nederland the number rises to 77%.

The number of families on the current New Explorers early education center’s waiting list has also been contested by residents and community members in opposition to the proposal. LeFaiver has previously stated that there are 54 kids on the waiting list and has detailed that to mean 41 respondents representing 54 kids, 73% of whom live within the 80466 area code. 41% of those 41 families live in the Town of Nederland. 51% of those 41 families are ready to enroll “immediately.”

Those in support of the childcare center were parents of young children or couples planning their families. Educators and community organizations like Peak-to-Peak Housing and Human Services also spoke of the importance of preschool education and public school enrollment in relation to a town’s economic development and stability.

Those opposed to the proposal cited previous Town planning documents and resolutions passed by the Board of Trustees (BOT) which had earmarked 750 West 5th Street for the construction of affordable housing. Neighbors of the property in question indicated concern about the traffic, noise, and light pollution to be created by the childcare center, as well as concern for the safety and health of the riparian ecosystem surrounding North Beaver Creek.

The SRU application packet from TEENS, Inc. specifies that the entire parcel of land they wish to lease for $1 a year for 99 years would be roughly 30,000 square feet, if the Town were also to agree to vacating 5th Street.

The building is designed to have a second floor, totaling a maximum height of 29 feet, 9 inches. The floor plan indicates that the second floor would stand on nearly half of the building’s complete footprint. A student drop-off area is planned on the east side of the building, as well as eight parking spots, two handicap spots, and emergency vehicle parking. An additional six staff parking spaces will be located on the west side of the building.

Setbacks are planned on the west and south sides of the property for greenery and tree planting, as well as a trail on the north side between the building and the creek, where there will also be a planting of native grass and plants. A six-foot fence will surround the property and protect it, as well as the planned educational garden and the separate enclosure for trash, from local wildlife.

The project is projected to cost $5,000,000, with 65% to 70% of those funds to come from private foundations and government funding, 15% to come from individual and corporate donors, 10% from the inevitable sale of 391 West 1st Street, owned by TEENS, Inc., and a remaining 5% to 10% to come from a loan, if needed.

Fisher offered five conditions for the Commission to consider when assessing whether the childcare proposal meets Nederland Municipal Code requirements and the needs of the community. As to the question of whether the SRU application is eligible under NMC Section 16-32: Ordinance 842, passed by the BOT on December 5, 2023, allowed childcare centers to be reviewed through the SRU process.

To the question of whether the proposal is compatible with adjacent land uses, Fisher reiterated to Commissioners that schools are generally allowed in Medium Density Residential zoned neighborhoods, which is how this neighborhood is classified. Fisher also noted that there are no other non-residential businesses operating in the neighborhood, although she mentioned that the Nederland Fire Department currently operates in the neighborhood and that the site in question had previously operated as a Town workshop.

The SRU application was explained within the Agenda Information Memorandum (AIM), prepared by Fisher and Nederland’s Community Planner Britt DeMinck, as meeting all requirements of the 2013 Comprehensive Plan, as well as NMC Section 16-52, which ensures that the project complies in minimizing any adverse impact to the neighborhood.

TEENS, Inc. has proposed to limit the hours of operation, including being closed on weekends; to institute traffic and speed limits during drop off (between 8 and 9 a.m.) and pick up (between 3:30 and 5 p.m.); to install downcast lighting around the facility; and has designed parking and traffic impact to occur on the far side of the property, with strategic tree planting to help mitigate noise pollution.

The AIM stated how the proposed development would be covered by the Town’s current capacity to provide utilities and services. The Parks Department was in full support of the plan to create trails on the north side of the property, along the creek. The Streets Department, after reviewing the site plan, noted that they were no longer concerned about their snow plowing operations. The Utilities Department specified having the capacity required to handle the development, and the Boulder County Sheriff’s Office stated they had no concerns with the proposal.

The Nederland Fire Protection District requires a new hydrant to be installed. Fire Marshal Andrew Joslin, after reviewing the site plan, determined that there was no concern regarding the amount of room required for a complete turnaround for emergency vehicles.

Commissioners asked LeFaiver if he had “converted” any of those in the impacted neighborhood who oppose the proposal, to which LeFaiver could only surmise that he had not, based on the lack of a dialog with those who have expressed their opposition to the plan since it was originally proposed.

LeFaiver stated his confidence in TEENS, Inc. as far as achieving their fundraising goals, though he reiterated that without a lease for the land, fundraising would not be possible. He detailed that the estimated timeline for the project, in a “best-case scenario,” has the groundbreaking planned for early 2025, with construction to be finalized by the end of 2025 and the center ready to open in early 2026.

Commissioner Jim Reis asked LeFaiver if TEENS, Inc. would directly confront the issue raised by the public that the Town-owned parcel would be used primarily by non-residents, and asked if TEENS, Inc. would consider prioritizing services to Nederland residents. LeFaiver was hesitant to agree without further discussion with the TEENS, Inc. Board of Directors.

A motion was made to approve the SRU application for TEENS, Inc. with the condition that they continue to work with the impacted neighborhood to mitigate their concerns, in order to be in better compliance with the SRU criteria of the project being compatible with adjacent land uses. The motion was seconded and approved.

As specified by their bylaws, at their first meeting of 2024 the Planning Commission was tasked with appointing a Chair and a Vice Chair. Commissioner Steve Williams was appointed to serve another year as Chair, and Reis was appointed to serve another year as Vice Chair.

The Commission also discussed the request from landowner Ron Mitchell, representing Nederland Central Business District Redevelopment LLC, to amend Chapter 16 - Article VI of NMC. Mitchell’s proposal is to allow applicants in the Planned Unit Development (PUD) approval process to forgo the preliminary PUD process and proceed directly to final review and approval.

Mitchell’s official request to the Commission and the BOT stated that his current PUD application covers all requirements under the final PUD approval process. The request also noted that financial institutions require proof of community support before lending any funds for the project. Mitchell claims that he has earned the proof of support of his redevelopment plan since it has been “vetted in the community over the past eight to ten years.”

Town staff agreed with the prospect of changing Town code to allow for applicants in the PUD process to seek such a variance, though they noted that any new code language would not guarantee an applicant automatically receiving that variance.

It was also noted that the Commission may want to wait on deciding whether to amend NMC until the Comprehensive Plan update is completed. The update will include a thorough review of Chapter 16 of NMC and yield recommendations for code changes.

Fisher pointed out to the Commissioners that SE Group is six months away from their recommendations. However, an assessment of Chapter 16 - Article VI could be expedited, with information to be brought before the Commission by March. Fisher also recommended that the PUD process should be streamlined for the benefit of applicants, and that the evaluating criteria is in need of strengthening. Commissioners were generally in favor of the specific code language being assessed and improved.

The Nederland Planning Commission meets on the fourth Wednesday of every month. Their next meeting is scheduled for Wednesday, February 28, 2024, at 7 p.m. Meetings can be attended online via WebEx.

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