The Nederland Planning Commission met on Thursday, April 26, 2023, to attend a training session regarding the quasi-judicial process, and to be presented with information regarding a potential new housing development in the downtown area. The Planning Commission also continued to discuss Nederland’s Fence Code and the drafting of a Three-Mile Plan.

The Planning Commission engaged in a training session conducted by Denver Regional Council of Government (DRCOG) Division Director Sheila Lynch, and Town Attorney Jennifer Madsen regarding proper community planning and a review of the rules and conduct of the Quasi-Judicial process.

Lynch led commissioners through the training presentation, which focused on proper community planning through adoption of a Comprehensive Plan and through zoning ordinances.

The training presentation also provided commissioners with example scenarios of Ex Parte Communication and with suggestions of what to do if such communication occurs. Ex Parte Communication occurs when a government board member communicates with someone in connection to current quasi-judicial proceedings without notice to all other involved parties for the opportunity to participate.

The suggestions to commissioners on what to do if ex parte communication occurs included ending the communication entirely, disclosing that the communication took place while on record during the hearing, and discussing the situation with legal counsel.

Madsen spoke to the Planning Commission about Quasi-Judicial Action, the proper conduct of a public hearing, which included the accepted method for asking questions during a public hearing, and what constitutes official evidence. Madsen also presented information on Conflicts of Interest and what commissioners should do if they feel they have such a conflict, which included disclosing to the Town Administrator or Town Attorney, and abstaining from voting.

Property Owner Ron Mitchell delivered a verbal presentation to the Planning Commission on his proposed Amsterdam project, which is a 44,726 square foot multi-use complex planned for retail space on the first floor, with two additional floors for apartments. The Amsterdam would be located at 100 North Jackson Street, across from the RTD parking lot.

Debby Davenport and Kate Barnett of Caribou Ridge Architecture presented a 3D rendering of their design plans for the Amsterdam project. The plans indicate that in addition to creating 24 tenant parking spaces, it will also create 20 public parking spaces. However, 14 of those parking spaces (labeled as 12 “standard” and two “handicap” spaces) will be located on the basement floor of the complex, and nine “tenant” spaces will be located across Highway 72 in a lot next to the library.

There was discussion concerning the suggestion to add more parking spaces through the use of exterior three-level parking lifts on the aforementioned lot. Mitchell would have to meet with the library Board to discuss concerns of potential noise issues due to the operation of the lifts.

The Amsterdam will also feature EV charging stations at the parking spaces in front of the building on Jackson Street, with the mobile stations being kept behind the stone pillars of a covered sidewalk. The covered sidewalk, as well as a restaurant space, were planned in mind for RTD travelers waiting for their bus in bad weather.

The subterranean level will be accessible via an access ramp located off of Highway 72, which will require a resident-specific garage door opener to be opened. The exit ramp will empty cars out onto West 1st Street. In addition to underground parking, which will also feature EV charging stations, there will be retention ponds built on the basement floor.

The Amsterdam is planned to be three floors, with the main floor being dedicated to a 4,000 square-foot restaurant space, two 446 square-foot spaces for “shops,” two 533 square-foot studio apartments, and one 676-square-foot, one-bedroom apartment.

Overall, The Amsterdam is expected to provide four studio apartments ranging from 412 to 533 square feet, nine one-bedroom apartments ranging from 571 to 771 square feet, six two-bedroom apartments ranging from 992 to 1,035 square feet, and four three-bedroom apartments ranging from 1,273 to 1,316 square feet.

The second and third floors will also feature shared balconies as common spaces, and there was discussion of adding common sitting spaces on the roof, as has been suggested from public discourse. The roof currently is planned to house solar panels and water holding tanks, designed in part for sustainability and green energy solutions.

A rooftop sitting space would result in one-third of the planned number of solar panels to be removed. Two enclosed access spaces to the roof, as well as four-foot high guardrails around the roof would also have to be added to the design, which would push the building at least five feet beyond the 35 foot building height limit.

The Planning Commission suggested to Mitchell that nearby residents of the Kathmandu plaza and of 150 North Jefferson Street should be approached for their opinions on the construction and on the potential of a rooftop sitting area being above the building height limit. Commissioners also noted concern about outdoor furniture on the roof during windy conditions, to which Mitchell noted that the rooftop patio would be for summer use only.

The apartments will be price rated based on the cost of construction and on the market value of housing upon time of completion. Additional luxuries like a rooftop patio will raise the cost of construction and therefore the price of the apartments. Mitchell stated that The Amsterdam’s studio and one-bedroom apartments are considered for the Nederland workforce.

Commissioners asked about the rough timeline for construction, if the project were to be approved, to which Mitchell estimated two years under “normal circumstances,” which also factors time lost for typical weather conditions.

To the question of whether there is a succession of ownership plan in place, Mitchell stated that he and his partner in this endeavor have a long-running successful relationship and that they both have contingencies placed within their agreement should either of them pass away.

A suggestion was made for Mitchell to look into a mutual easement with the owners of Kathmandu plaza and 150 North Jefferson Street in order to create a potential loading zone for delivery trucks that could run in between the complexes, servicing all restaurants and businesses.

The presentation was only an Informational Item on the Planning Commission’s agenda, indicating that Mitchell would only be presenting information about the proposed plan and that no discussion, public comment, or action would follow the presentation. Mitchell’s plans for The Amsterdam have yet to go through the public process and before the Board of Trustees for review and approval.

Fire Marshal Andrew Joslin, along with the Nederland Fire Protection District (NFPD), are following Boulder County requirements in regard to ensuring that district residents’ address signs are displayed properly. The correct signage involves a reflective sign featuring no more than four characters of white lettering on a green background, legible from both directions of traffic, and to be attached to a metal T-post four to six feet above the grade or the road.

Joslin is asking for the Planning Commission to support the Town of Nederland updating Nederland Municipal Code (NMC) Section 18-104 with the suggested language referring to address signage in order to be consistent with International Fire Code and Boulder County Fire Code. Commissioners questioned how to assure that residents are compliant with at least the current signage code, and also asked who carries the burden of the cost of the correct required signage.

Joslin answered that the NFPD will be attempting public outreach within their district as well as working with local retailers about carrying the regulation green address signs at a fair price. The cost would be roughly $25 to $30 for the sign, though that does not include the cost of the metal T-post. Joslin also offered the ability to provide sign installation services to those who might otherwise be unable to install the signs themselves.

Though initially it was indicated that the cost of being compliant to the code change would fall upon the homeowner, there was a question of whether the Town of Nederland is actually responsible according to the current code. Town Administrator Dr. Miranda Fisher stated that even so, the Town does not have address signage budgeted at all for 2023.

Commissioners were ultimately in favor of the town updating NMC Section 18-104 with Joslin’s suggestions in regards to address signage and gave a nod of four in support.

The Planning Commission continued their discussion of NMC 16-89 regarding fence height limits and how to properly measure fence height under certain circumstances.

On March 15, 2023, the Planning Commission, after receiving a review from a subcommittee formed to rewrite the Town’s fence code, suggested that additions be made to the code language. Such additions included language allowing for properties adjacent to major highways to choose to construct an eight foot fence, and language specifying a seven foot maximum allowable fence height.

Commissioners also agreed with SAFEbuilt’s recommendation regarding how to measure fence height, which involved measuring from the owner’s side of the fence, unless in the case of a joint fence where there is a difference in the ground level of less than two feet. In that case the height of the fence should be measured from the finished grade at the base of the fence on the property with the highest ground level.

The Planning Commission discussed further suggested updates to NMC 16-89 during Thursday’s meeting, including allowing junkyards, as well as properties neighboring junkyards, to build an eight foot fence, and the suggestion to change the regulated fence height for the Central Business District from four feet to seven feet.

Fire Marshal Joslin also recommended that, though there was no specification as to the materials for fence construction, the portion of fence near and attaching to any existing structure should be made of non-combustible or ignition-resistant materials. Joslin also recommended that no grass, trees, shrubs, or vegetation should be allowed to grow within three feet of either side of the fence.

Commissioners agreed with all recommendations and directed Town staff to complete a final draft of the changes to NMC 16-89. Since the action is to change Chapter 16, the item is subject to a public hearing, which will be held during the Planning Commission’s meeting on May 22.

The Planning Commission engaged in a discussion concerning Nederland’s need for a Three-Mile Plan, which specifies where a municipality hopes to annex property and details how that municipality will ensure services within the newly annexed territory. A Three- Mile Plan is required by state statute before the Town can annex property into its territorial boundaries.

Commissioners first discussed drafting a Three-Mile Plan on January 25, 2023, and expressed that such a plan would help to regulate annexations as well as help the Town in communicating with the public about annexation applications as they are brought forward.

The question before the Planning Commission was whether drafting of the Three-Mile Plan should be incorporated with the drafting of the Comprehensive Plan, for which funding is pending approval of the Town’s application for a DOLA grant. Nederland expects to hire a third-party professional to draft the Comprehensive Plan as it is a detailed town-planning document that requires a lot of data collection through public discourse.

Fisher stated that the Town does not have the funds to hire another professional to draft the Three-Mile Plan. However, Town Attorney Jennifer Madsen noted that, though the plan is required by state statute, there is no specification as to how detailed the document has to be, indicating that a subcommittee of volunteers would be able to draft an acceptable Three-Mile Plan.

The Planning Commission recommended to Town staff to incorporate the drafting of the Three-Mile Plan with the drafting of the Comprehensive Plan, though that drafting process depends on a DOLA grant and will take more than a year to complete.

The Nederland Planning Commission meets the fourth Wednesday of every month. Their next meeting is scheduled for May 24, 2023, at 7 p.m. Meetings can be attended online. For more information go to: https:// townofnederland.colorado. gov/ planning-commission.