The Nederland Planning Commission met on Wednesday, June 26, 2024, at 7 p.m. to discuss the viability of allowing housing on industrial lots. Commissioners were also tasked with voting on whether the Town of Nederland should be permitted to incorporate West 5th Street into the land parcel at 750 West 5th Street to accommodate a proposal for a childcare facility.

On May 21, the Nederland Board of Trustees (BOT) approved Resolution 2024 - 26, authorizing the Town Administrator to apply for a right-of-way vacation of West 5th Street. If the application is approved, the property will become part of the Town-owned lot at 750 West 5th Street, pending the filing of a quit-claim for their portion of the right-of-way by the owner of the single abutting property.

The request, governed by Nederland’s Disposal of Public Land policy and Colorado State Law, is evaluated based on “the value of the land; the current use of the land; and any potential future use of the land, including the ability at some future time to exchange or dispose of the land in a manner that might benefit the public.”

Other criteria include evaluating the public benefit of retaining the land, as well as the benefit in disposing of the land. It is also to be determined whether the manner of land disposition proposed is consistent with Nederland’s Comprehensive Plan, which is currently in the process of being updated.

The sentiments of nearby property owners who will be impacted by the right-of-way vacation are also to be considered in the decision-making process.

Commissioners were tasked with voting on Ordinance 865, which permits the BOT to vacate the right-of-way. The action, if approved, is dictated by certain conditions that, as written in the ordinance, “must be satisfied prior to recordation of this Ordinance, or at such time as determined by Town staff.”

The Town of Nederland is required to have the subdivision process approved by the Zoning Administrator and Town Attorney, to ensure that lot lines are properly adjusted.

The Town, which is defined as the “petitioner” in this scenario, is responsible for all fees and costs that may be incurred during the application process, and must be compliant with any additional requirements that the BOT may add as they approve Ordinance 865.

Commissioners asked whether Nederland’s Streets Department had any concerns about the vacation of right-of-way, to which Community Planner Britt DeMinck stated that there were no concerns at this time.

DeMinck also clarified for the Commission that there was only one adjacent property, owned by longtime resident Jeanette Smith, and that the process for Smith to file a quit-claim would begin once Ordinance 865 has passed.

In a letter to Town officials, Smith stated her intention to deny any claim of ownership to a portion of West 5th Street.

“I have no interest in this land. So, if the BOT approves the vacation of West 5th Street, I do intend to donate this property to the Town,” Smith wrote.

Commissioners voted to recommend approval of Ordinance 865. The ordinance will go before Trustees for a final vote during their next meeting on Tuesday, July 2.

The Commission discussed a proposal to change the Use Group Table within Nederland Municipal Code (NMC) to allow residential uses on land parcels zoned as Industrial. Commissioners discussed what residential use groups they would consider for Industrial-zoned property, and which would be classified as use-by-right and which would require applying for a Special Review Use.

The proposal was first discussed by the BOT on June 4, 2024, presented by Jesse Seavers, resident and owner of High Performance Earthworks, who, with a business partner, expressed interest in purchasing 19 West 1st Street. The home currently on the land was destroyed by a fire last summer and Seavers wishes to demolish it and build new housing.

As the single-family home was a non-conforming use for an Industrial-zoned lot, and was not restored within six months, as is stipulated by NMC 16-185, housing is not permitted to be built on the lot.

Seavers requested to the BOT 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 BOT sent the discussion to the Planning Commission to review as it is a matter of changing Town code.

The Commission reviewed a map of Nederland’s Industrial area, primarily the Wolf Tongue Mill area, to determine the residential zoning types closest to the land in question, being mainly Neighborhood Commercial with some Mountain Residential.

DeMinck was asked if SE Group, the firm responsible for the Comprehensive Plan update, would be able to provide feedback on this matter. DeMinck noted that SE Group wanted to hear the general feedback from the Planning Commission before providing their opinion and engaging in further discussion on the issue during an upcoming July meeting.

Trustee Liaison Nichole Sterling requested that Town staff and SE Group provide information regarding how the Town can best utilize its Industrial-zoned property in the future. Her desire is to ascertain whether housing development on that land would be detrimental to any potential economic development.

Commissioners discussed whether it would be more sensible to rezone each of the four parcels in the industrial area that has residential properties on them, rather than change the Use Group Table, affecting all property zoned as Industrial.

Town Attorney Jennifer Madsen reiterated that the Town has the power to change the zoning definitions of those non-conforming properties within the Industrial area without the property owners having to initiate the process.

This matter will return to the Planning Commission in late July, with the BOT expected to discuss the issues of Industrial land use with SE Group during their meeting on July 16.

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