The Nederland Board of Trustees (BOT) met on Tuesday, June 4, 2024, at 7 p.m. to discuss proposed new regulations on Short Term Rentals. The BOT also voted on a contract with a third-party company for paid parking implementation and management.

The Board held a closed Executive Session before their regular meeting to “receive legal advice related to addressing a nuisance property in the Town limits.”

Trustees approved appointments to the Board of Zoning Adjustment (BZA) for two alternate member positions. Roger Cornell was reappointed as BZA alternate, with his term to end in June, 2026. Rich Orman was appointed to the second BZA alternate position with his term to end in June, 2029.

The BOT also approved reappointing Melody Baumhover and Maddie Woods to the Sustainability Advisory Board (SAB), with terms set to end in June, 2027, and appointed Jack Craighill Kerby-Miller III to SAB with his term to end in June, 2025.

CT Hutt’s reappointment to the Parks, Recreation, and Open Space Advisory Board was also approved by the BOT; Hutt’s term will end in June, 2026.

The Board was tasked with voting on Resolution 2024-33, which involves a Parking Management Agreement with third-party paid parking service provider Interstate Parking. The cost share agreement between Nederland and Interstate Parking would be for a trial period from July 1 to September 1, 2024.

Interstate Parking will incorporate resident passes for free parking in all paid parking spaces and ensure that the first 15 minutes will be free for every paid parking spot. The Town’s paid parking spots will charge $2.50 an hour, with Interstate Parking responsible for the installation of kiosks and QR codes, as well as management and enforcement.

Trustees discussed Ordinance 859, which aims to amend Nederland Municipal Code (NMC) Chapter 6, Article V, making changes and additions to the Town’s Short Term Rental (STR) regulations and licensing structure.

The ordinance, having been drafted, discussed, and approved by the Planning Commission, includes a requirement for the STR property to be the licensee’s primary residence and a requirement for the owner to notify all neighbors within 300 feet of a residence where an STR license application is being filed.

Other revisions included instituting a cap of 60 STR licenses; requiring a minimum of 4 documented stays; requiring bear-proof trash receptacles; imposing a ban on fire pits; refining the application process so that potential licensees be required to include proper documentation; allowing the Town Clerk to administer penalties for violations of the code; and clarifying the BOT appeal process.

The Town’s five distinct STR licensing types were narrowed down to just one, and it was determined by the Planning Commission that only property owners who are primary residents can apply for an STR license.

Upon first review and discussion of the ordinance Trustees were not in favor of consolidating all of the licenses under just one license type and wanted license Type C, commercial STRs, not to be lost. Trustees also did not think smaller units, like single room STRs, should count towards the 60 cap.

The Board previously, after a nod of four in approval, directed Town Staff to draft the defiance with four license types, from a Class A license, for non-attached Accessory Dwelling Units, to Class C, a Standard STR license, and a single-room STR license.

Trustee Tania Corvalan and Mayor Billy Giblin presented to the Board their proposal to amend Ordinance 856. The ordinance amended NMC Chapter 16 to allow for up to 50% yard and bulk variance for deed restricted “affordable” housing through review by the Planning Commission.

Corvalan and Giblin propose that the minimum time period of 20 years for developers to have to deed restrict the property as affordable be raised to a 40, 50, or 60 year time period. It was noted in the Agenda Information Memorandum as a point of consideration that the average mortgage period is 30 years.

The BOT discussed a proposal from resident and owner of High Performance Earthworks Jesse Seavers regarding the property at 19 West 1st Street. Seavers, along with a business partner, expressed interest in purchasing the land to raze the home that was destroyed by a fire last summer and to build new housing.

Due to the single-family home being a non-conforming use for an Industrial-zoned lot, and due to the home not being restored within six months, as stipulated by NMC 16 - 185, housing is currently not permitted to be built on the lot. Seavers is requesting that the timeline stated in NMC 16 - 185 be removed or amended, and that the Use Group Table within NMC 16 - 32 be changed to allow residential uses in Industrial zones.

The Nederland Board of Trustees meets on the first and third Tuesday of every month. The next meeting is scheduled for Tuesday, June 18, 2024, at 7 p.m. and can be attended either online or in person at the Nederland Community Center.

For more information go to: https://townofnederland.colorado.gov/board-of-trustees.