The Nederland Planning Commission met on Wednesday, February 28, 2024, at 7 p.m. to hear an update on the work being done on the Town’s Comprehensive Plan. The Commission also discussed the conditions for potential new Short Term Rental licenses types.

Commissioners heard from Ayden Eickhoff of SE Group concerning the Town of Nederland’s Comprehensive Plan update. The Board of Trustees (BOT) approved the Town contracting with SE Group on September 5, 2023, for $200,000, half of which is covered by the Department of Local Affairs’ Mineral Impact Assistance Fund grant.

In addition to an open house meeting with the public on January 23, 2024, an online survey was conducted which yielded a total of 178 responses. Eickhoff noted that, between the survey and the open house, SE Group has engaged with over 200 Nederland residents.

Eickhoff shared the preliminary findings from this survey. In terms of “recreation,” the community desired to see a focus on maintaining the current facilities while also connecting existing trails. A need for a community pool, for more bicycling trails, and for a pump track were also listed.

Nederland residents indicated that they would like Town officials to provide better wildfire risk mitigation, to create better walkability, and to protect the water supply. Some responses on the survey suggested the Town should have more options for medical care, including a dentist and a pharmacy, and should provide more affordable housing for all income levels, with a focus on single family homes and places for those who wish to age in place.

Responses on the survey also indicated that townspeople want more childcare, better wifi and internet service, more basic downtown amenities like a bank, and, in terms of tourism, for there to be a focus on Nederland’s art and culture, rather than corporatized “destination marketing.”

In terms of “governance,” about half of those who took the survey felt that they were properly informed on local government issues, while less than half felt that Town officials do not listen to or consider the feedback from the community.

Commissioners did not have many questions or much feedback to offer, though Commissioner Jim Reis asked if SE Group could garner feedback from the community concerning how homeowners would feel about the prospect of an apartment building or tiny home village being constructed in their neighborhood. Eickhoff answered that SE Group plans to host “topic area” focus groups with the community, where they hope to discuss the more contentious topics from the survey.

SE Group will continue to work with Town staff to review the current Comprehensive Plan in order to update Nederland’s focuses and goals. Work sessions with community stakeholders are planned to take place throughout March, including a discussion on economic development on March 6, and a discussion on water and utilities on March 12.

On March 13, from 5 to 7 p.m., at the Nederland Community Center, SE Group will be hosting a work session on the subarea plan for the Town’s Central Business District.

The Planning Commission was expected to hold a public hearing regarding a minor subdivision application for the Wingate property. However, Town staff requested a continuance. According to the Agenda Information Memorandum (AIM) prepared by Town Administrator Miranda Fisher and Community Planner Britt DeMinck, there were “missing items on the plat that needed to be rectified.”

The Commission voted to approve the continuance, rescheduling the public hearing on the minor subdivision application to March 27.

On direction from the BOT, Chair Steve Williams and Commissioner Stephanie Herring have been working with Town staff and the Town Attorney to draft changes to Nederland Municipal Code pertaining to Short Term Rental (STR) licenses and regulations.

The revised license structure would 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 to neighbors within 300 feet of the proposed STR of a license being applied for, a requirement for licensees to provide bear-proof trash cans, a fire pit ban, and a required minimum amount of documented stays.

Commissioners were presented with four options for a new STR licensing structure. One would be moving to only one applicable license type. Currently, the Town of Nederland has five distinct STR licensing types: a license for a primary residence with the STR host present, and with the host not present; a license for a detached Accessory Dwelling Unit (ADU); and a license for a home specifically located within the Central Business District, General Commercial, or Industrial zones.

Other options included providing more license types based on the zone or housing type; having only two license types, a “general” license and a license for ADUs; and having two licenses, one for a “qualified occupant” – one who is present in their primary residence STR, and another license for a “nonoccupant,” similar to the current license for “primary residence, host not present.”

The suggested cap on STRs is set for 60; Fisher noted that there are 54 current license holders, and that those could be grandfathered under their current licensing type until those licenses are surrendered. Once a license is surrendered and when the Town is at the cap of 60, a bidding process will commence if multiple new license applications are submitted.

Herring stated that the four criteria supplied within the AIM by Town staff did not accurately represent the guidance received by Commissioners from the BOT in an email.

The supplied criteria, or goals for the STR code amendments, are as follows: “limit the number of housing stock converted to STRs; ensure that STRs are operating in a very safe manner and are respectful of the neighborhood in which they operate; provide a means for neighbors to work with STR owners on their concerns and improve that line of communication; and simplify administration of the license process for efficient use of Town staff time.”

Herring and Williams added that the BOT provided an additional criterion, that the STR license holder somehow “expressly create and encourage strong neighborhood relationships.” Herring believed that that criterion was important when assessing why the Town has multiple license types, stating that a simplified licensing process can open the door to greater neighborly concerns due to the lack of specificity.

Fisher reiterated that there were legal “complexities” within the BOT’s initial guidance language, and that Town staff made the decision to remove such language from the AIM.

“Not everything that the Board initially wanted is being brought forward to you,” Fisher said, “and that was discussed with you in an executive session about why; and if there is desire to go into executive session to rehash that I would encourage you to do so.”

Town Clerk Macy Caligaris specified that the first option, which was to narrow the licensing types down to just one, was her most preferred, as managing STRs and STR licenses is in her purview. Caligaris said that managing five different licensing types is cumbersome, and realized that, after speaking with STR compliance software providers and with other municipalities, a more streamlined licensing process would be helpful.

After Herring questioned why an STR map has not yet been provided, Fisher answered that there was a privacy concern. Town Attorney Jennifer Madsen added that most STR license applications specify that the addresses of licensees, once registered as STRs, are subject to being public knowledge. Madsen noted that such language should be added to Nederland’s license application.

Most Commissioners agreed that the first option, that of providing one STR licensing type, was ideal. A nod of four was provided in recommendation of that option.

Fisher expects an ordinance to be reviewed by the Commission as early as March, to go to the BOT for discussion and then action from April to May.

On January 24, 2024, Commissioner Chris Rivera officially resigned from his position and stated that the February meeting would be his last. The BOT will interview two potential appointees, Max Ovett and Elizabeth Penziner, and approve one of them to the Commission during their meeting on March 5, 2024.

The Nederland Planning Commission meets on the fourth Wednesday of every month. Their next meeting is scheduled for Wednesday, March 27, 2024, at 7 p.m. Meetings can be attended online via WebEx.