John Scarffe, Nederland.  The Nederland Planning Commission continued a discussion about affordable housing at the old town shop site during a regular meeting at 7 p.m. on Friday, April 25, in the Nederland Community Center. According to a rough draft of the meeting minutes, Town Administrator Karen Gerrity explained the background of the ordinance.

The Board of Trustees requested that Town staff apply for a rezoning for the 750 W. 5th Street parcel, with the intention of developing affordable housing. The parcel was mentioned in the Mud Lake agreement, which was voted and passed by the Town in 1988. In the agreement, specific language shows intention for that parcel to be zoned neighborhood commercial with the intention for affordable housing.

In researching, Gerrity discovered that an ordinance passed in 2013, including a zoning map, showed the parcel zoned as neighborhood commercial. Both historical documents support the intention of the parcel was to be neighborhood commercial.

Town Attorney Nina Petraro said the two issues are the result of a zoning error, and a rezoning to neighborhood commercial would be more consistent with the Town’s comprehensive plan.

During public comment, 12 members of the public addressed the Commission. Comments included the following.

Nancy Lynd objected to having 30 units on a half an acre. Gerrity explained that the maximum units on a neighborhood commercial parcel is five as a use by right and up to 10 units by special review.

Jeannette Smith is not against the zoning as long as it accommodates affordable housing that won’t affect the neighborhood. She asked the Committee to consider the density.

Charlotte Woodcock, adjacent to the former town shop site, wants a zoning option that fits in-line with the current neighborhood. The site size is 2,100 square feet with ten units, which equals 30 to 40 people at that site, increasing parking needs, noise and overall density.

Woodstock also expressed concern about a potential for commercial enterprises in her neighborhood. “Your decision will impact us,” she said. The medium density residential zoning was a consideration in their home purchase.

April Laliberte’s concerns are that developing housing on a brownfield site is a huge liability for a government and suggested site assessments done to measure possible contaminants. She also mentioned the possibility of containments in the adjacent stream and the loss of emergency egress with rezoning.

Charlie Allen understands the need for affordable housing, but that is not the place for affordable housing. “Anything other than medium density residential would go against the reason we live in Nederland,” he said.

First Presbyterian Church Pastor and leader in working with the homeless, Hansen Wendlandt, encouraged the commissioners to view this property as an asset that can be used to benefit the community, such as in developing a park or small houses, with the long-term interest of not allowing commercial businesses like Starbucks or Subway to be allowed by zoning the parcel NC.

Gerrity addressed the question regarding the brownfield testing, stating she isn’t aware of the ground being tested, but she will research to find out more. Chairman Cornell gave historical reference to the Mud Lake agreement and explained that the Mud Lake Agreement has expired and Boulder County gave a waiver on housing.

Town Attorney Nina Petraro reminded the Commission that tonight’s Public Hearing is a result of a meeting on October 2017 at the Board of Trustee’s meeting when the Board approved an ordinance asking the Town staff to apply for a rezoning for this property to allow affordable housing.

Gerrity addressed the public comment questioning the public notice of the hearing.  She explained that in addition to the neighbors being notified by mail, a public notice was published in The Mountain-Ear and the Daily Camera newspapers, the Town’s website and Town Hall.

Commissioner Linda Glasser stated that she understands the public’s concern of living next to multiple units, if this gets re-zoned. Chairman Cornell, Vice Chair Williams, Commissioner Duggen and Gerrity discussed and agreed that more research needs to be down to clarify the intention of the zoning guidelines and agreed to work together to discuss big issues, such as brownfields.

Chairman Cornell reminded the Commissioners and residents that any motion that is made will be brought before the Board of Trustees for a final decision.

A motion was made by Chairman Cornell to continue the public hearing of the re-zoning of the parcel ‘old town shop’ to the June 27 meeting, to allow Town staff time to research the zoning error and conduct brown field contamination testing.

The motion to continue the public hearing passed with a unanimous roll call vote of yes.