The Nederland Planning Commission (PC) met on Tuesday, January 25, 2023, at 7 p.m. whether to approve a property owner’s application to rezone their property from residential to commercial. The PC also voted to appoint a new Chairperson and Vice Chairperson.

Town Administrator Miranda Fisher presented to the Commission the request from Nederland Central Business District Redevelopment LLC (NCBDR) to rezone 100 East 1st Street from High Density Residential (HDR) to Central Business District (CBD). The 1.2 acre property is currently being utilized as a 20-space parking lot and is located in between two floodplains.

NCBDR, represented by Ron Mitchell, desires to rezone the property in order to provide the CBD with a paid parking lot, a “mini-park,” and to address drainage issues by building a retention pond for stormwater runoff. Mitchell stated that the rezoning would allow for the property to be used for purposes more in line with the town’s Comprehensive Plan.

Drainage issues on East 1st Street, as well as parking issues throughout town, are definitely quality-of-life concerns addressed in the 2013 Comprehensive Plan. Affordable housing is also a concern, which Mitchell had considered at one point for the parcel; however, Mitchell noted that the local businesses on East 1st Street were unanimously in favor of a parking lot.

Mitchell stated that he did not conduct a survey of the businesses because, as the primary landlord for the majority of businesses, he did not want to risk the potential of “cynics” labeling the survey results false. Mitchell also explained to the PC that the parcel, which he acquired in 2016, was zoned incorrectly by Boulder County in 1982, and the mistake has cost him in taxes.

There was brief discussion concerning whether Mitchell would require a Special Review Use (SRU) application in order to construct a paid parking lot if the property is zoned for CBD. Any property owner wishing to construct a parking lot of more than 20 spaces is required to go through the SRU process, which is a quasi-judicial process that goes before the Board of Trustees (BOT) in a public hearing. However, a paid parking lot is considered a commercial enterprise, therefore Mitchell would not be required to complete an SRU application.

During the public comment portion of the meeting, several residents spoke in favor of the rezoning application, stating that Nederland “needs to grow from the inside out” and that progress begins in the CBD. There were many considerations discussed for additional commercial properties that may be eventually constructed on the parcel, as well as how rezoning the parcel may affect several town improvement projects such as a “river walk” along the creek, and a second bridge connecting the Big Springs neighborhood to Boulder Canyon Drive.

Many direct neighbors of 100 East 1st Street yielded their time so that one public representative of their interests could utilize 12 minutes to speak against Mitchell’s rezoning request. Those in opposition expressed frustration, feeling that the CBD was encroaching into their neighborhood; they stated that the rezoning application is Mitchell’s first step towards redeveloping the entire CBD.

PC members noted that Mitchell could potentially change his mind regarding his stated plans for a paid parking lot and a mini-park. Many Commission members inquired if Mitchell would consider an amendment to the rezoning application, which would allow for only the construction of a parking lot and/or affordable workforce housing. Mitchell answered that he would need time to think about considering such an amendment; Mitchell also declined to provide the Town with a right-of-way for a second bridge at this time.

Ultimately, the PC decided that Nederland’s need for housing trumps its need for parking, especially considering that there are other areas, designated by a subcommittee, suitable for parking lot construction. PC members agreed that Mitchell’s request did not have the approval from the direct neighbors to the property in question, and also agreed that approving property rezoning without adequate deliberation and public feedback would set a dangerous precedent.

The Commission voted to deny Mitchell’s request to rezone 100 East 1st Street from HDR to CBD.

The PC were tasked with appointing both a new Chairperson and Vice Chairperson on their first meeting of the new year. Appointments are made by nomination and confirmed by a majority vote of the Board.

Chairperson Steve Williams and Vice Chairperson Jim Reis were both willing to continue in their positions for another year. The PC accepted the nominations of Williams and Reis and voted to appoint them as Chairperson and Vice Chairperson for the current year.

The PC discussed Nederland’s Fence Code, mainly regarding the maximum height for a fence before the need of a permit. Issues with the Town’s fence code, concerning fence height and how height should be measured, had been brought up at the November meeting of the Board of Zoning Adjustment (BZA).

The PC took on the task of clearing up the “ambiguity and inconsistency” within the fence code. The Nederland Municipal Code (NMC) 16-89(a) and (b) limits fence height to six feet “unless it is constructed or erected only for the purpose of screening legally existing junk yards, outdoor storage yards and other legally existing uses involving the outside storage of machinery, equipment, material and automobiles,” in which case a fence may be built to eight feet.

Property owners can seek a variance from the BZA in order to build a fence higher than six feet. However, the International Residential Code (IRC) specified that a fence can be constructed to seven feet without a permit. Because this inconsistency causes issues with property owners, Town staff recommended having NMC 16-89 match the maximum height of seven feet as stated in the IRC.

Additionally, NMC 16-89(g) states that “a fence height shall be measured from grade to the top of the highest point of the fence. Grade shall be determined on that portion of the property on which each portion of the fence is to be constructed or erected, as said grade exists on the date of the ordinance codified herein, or as such grade exists on the date a permit for construction is applied for, whichever grade is lower.”

The question before the PC, therefore, was how to measure the fence height if the grade is different on either side of the fence. The PC decided to form a subcommittee to review and rewrite fence code, and Town staff will return for an update at either the February or March PC meeting.

The PC discussed Nederland’s need for a Three-Mile Plan. A three-mile plan specifies where, along its borders, a municipality hopes to annex property and also details how that municipality will ensure services within the newly annexed territory. Nederland, having adopted its own annexation ordinance on December 20, 2022, is now required to adopt its own three-mile plan before the Town can annex property into its territorial boundaries.

Fisher and Town Attorney Jennifer Madsen answered questions from PC members concerning the three-mile plan and the Town’s unsigned annexation ordinance. Public comment was generally against annexation, with some comments echoing the earlier sentiment to “grow from the inside out,” preferring CBD development rather than outward development.

Fisher noted that a Town Hall public meeting on annexation was being planned for March.

The PC felt that devising a three-mile plan would provide the Town an opportunity to better discuss with the public its plans for annexation, in addition to better regulating annexations. Though there is no deadline on the issue, the Town and the PC desired to have the proper framework in place before annexation applications are accepted.

The PC’s recommendations on the three-mile plan will be developed over the next few months before the Nederland Board of Trustees will see the matter on their agenda.

The Nederland Planning Commission meets the fourth Wednesday of every month. Their next meeting is scheduled for February 22, 2023, at 7 p.m. Meetings can be attended online. For more information go to: https://townofnederland.colorado. gov/planning-commission