The Nederland Planning Commission met on Wednesday, March 27, 2024, at 7 p.m. to vote on a minor subdivision application for a piece of land inherited by the Town. Commissioners were also tasked with giving their final approval on a revised Short Term Rental Ordinance which imposes new regulations, including banning fire pits.

The Commission made their official decision regarding the minor subdivision application for the Wingate Property, a large plot of land along Highway 119 that was partially purchased by the Town in 2000, while one parcel of the property was gifted to the Town of Nederland.

Commissioners had previously recommended approval of a variance to allow the application for a subdivision of six lots to be processed as a “minor” subdivision as opposed to a “major” one, due to the conservation easements imposed on the gifted property which prohibit development of the land. The variance was approved by the Board of Trustees (BOT) on September 19, 2023.

Commissioner Tim Duggan first noted that he, along with a partner, owns property adjacent to the Wingate Property. He stated that he did not believe he had a conflict of interest and did not plan on recusing himself from voting on the minor subdivision application. But because he had to leave the meeting prematurely, he was advised by Town Administrator Miranda Fisher to leave before the public hearing on the application began, as he would not be present to vote on the matter.

Fisher mentioned that the Town is already considering uses for the property, mostly for outdoor recreation, from using it to increase trail connectivity to looking at the possibility that it might be a location for the proposed bicycle pump track. Fisher added that the first order of business for the property would be to conduct much-needed wildfire mitigation.

Commissioner Roger Cornell was concerned that the parcels might potentially be used for future large=scale developments, in light of the fact of the Town’s current need for more housing. He noted that the property could eventually become another subdivision. Laurie Wingate specified that the parcels were divided, with the idea that those parcels still owned by the Wingate family will be for family homes for her and her children.

The Commission voted in favor of Resolution 2024 - 16, approving the minor subdivision application for the Wingate Property.

The Commission was scheduled to vote on the matter of the Town vacating their right-of-way as part of the recent BOT approval of the TEENS, Inc. Special Review Use application to construct a childcare facility at 750 W 5th Street. The Action Item was removed from the official agenda for the March 27 meeting, as the Board’s decision is being contested by a citizen’s referendum petition which has garnered up to 80 signatures, over the 67 required.

The petition has yet to be verified as sufficient by Town Clerk Macy Caligaris. If Caligaris declares the petition sufficient, there is a period where the petition can be protested, at which point the matter will go to a hearing on the petition’s validity. The hearing officer’s decision can be contested in district court.

If the hearing officer declares the petition sufficient, the BOT would have to either vote to reverse their original decision or vote to hold a special election, which would not be held until Fall 2024, with the question of the TEENS, Inc. childcare center on the ballot.

Commissioners had to choose between two drafts of Ordinance 860, which amends Nederland Municipal Code (NMC) Chapter 6, Article V, which dictates Short Term Rental (STR) regulations and licensing structure. The newest revisions to the code include a requirement for the STR property to be the licensee’s primary residence, a cap on the total number of STRs allowed in the Town, a notification of a license application to neighbors within 300 feet of the proposed STR, a requirement for licensees to provide bear-proof trash cans, a ban on fire pits, and a required minimum amount of documented stays.

During discussion of the ordinance at their February 28 meeting, the Commission approved Town staff’s recommendation to narrow the Town’s five distinct STR licensing types down to only one. From that decision, two versions of Ordinance 860 were drafted: one which permits the owner or tenant of a property to obtain a license, and the other which permits only the owner, defined as the primary resident of the property, to obtain a license.

Both ordinances include revisions to Section 6 - 94, instituting a cap of 60 STR licenses for Nederland; Section 6 - 93, requiring a minimum of 4 documented stays; Section 6 - 95, requiring bear-proof trash receptacles and imposing a ban on fire pits; Section 6 - 96, refining in the application process that potential licensees be required to include proper documentation; Section 6 - 101, allowing the Town Clerk to administer penalties for violations of the code; and Section 6 - 104, clarifying the BOT appeal process.

Considering the option that specifies that a property owner and/ or a long-term tenant of the property can apply to obtain a STR license, Commissioner Elizabeth Penziner asked whether a property owner could potentially take advantage of this ordinance by applying for both an STR license and a Long Term Rental (LTR) license. Caligaris noted that the Town of Nederland does not have a license structure for LTRs, and Town Attorney Jennifer Madsen noted that each property owner is only permitted one license per property.

Commissioner Jim Reis asked, pertaining to the information presented by Caligaris, Fisher, and Community Planner Britt DeMinck, “Who provided the feedback that led to Town staff developing two options of ordinances?”

Caligaris deferred the question to Madsen, who stated that it was her feedback and suggestions which led to that decision. Fisher added that the question of whether only property owners were going to be permitted to apply for a license had been raised often, though she did not mention by whom. Commissioners assumed that the question was coming from property owners and potential STR license seekers.

The Commission voted to recommend Ordinance 860 Option A, amending NMC Chapter 6, Article V to introduce new STR regulations and allowing only property owners who are primary residents to apply to obtain a STR license. A motion was made to amend the ordinance to include the proper amounts for fines for violations to reflect the 2024 fine schedule.

The matter of Ordinance 860 is scheduled on the BOT’s agenda for April 16, 2024, for discussion by the newly elected Trustees and Mayor.

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

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