The Nederland Board of Trustees (BOT) met on Tuesday, February 20, 2024, at 7 p.m. to vote on the proposal from TEENS, Inc. to develop and manage a two-story childcare center at 750 West 5th Street. Trustees also voted on whether to establish an annual regulatory fee for short-term rentals (STR).

The BOT first approved Resolution 2024-14, approving a Memorandum of Understanding with Clear Creek and Gilpin Counties to form a Peak to Peak Regional Broadband Planning Group. The aim of the group is “to engage in collaborative, cross-jurisdictional planning of regional broadband expansion with a primary focus on addressing underserved and unserved areas of the region and an emphasis on redundancy and resiliency.”

Trustees were tasked with voting on a Special Review Use (SRU) application from TEENS, Inc. regarding the lease of Town-owned 750 West 5th Street for the construction of a childcare center. The Nederland Planning Commission previously voted to officially recommend the proposal on January 24, 2024.

Town Administrator Miranda Fisher presented the proposal, and TEENS, Inc. Executive Director Stephen LeFaiver was present to answer questions from the Board regarding the SRU and the subsequent lease agreement with the Town of Nederland if the application were to be approved.

Due to the intense need for childcare options in the Nederland area, and due to the potential impact on the residential neighborhood, this matter has greatly attracted public discourse. At the January 24 Planning Commission meeting, a total of 46 letters were received before the meeting, and 21 community members made comments during the meeting.

A total of 56 letters were received before the February 20 BOT meeting. 44 of the letters were in support of the proposal from TEENS, Inc., while 12 were opposed.

According to the SRU application packet, TEENS, Inc. proposes to lease the nearly 30,000 square foot parcel for $1 a year for 99 years, and is requesting that the Town vacate 5th Street, to be included as part of the parcel.

The childcare center is designed to have a second floor, giving the building a maximum height of 29 feet 9 inches, which would stand on nearly half of the building’s complete footprint.

A student drop-off area is planned on the east side of the building; setbacks are planned on the west and south sides of the property for greenery and tree planting; as well as a trail on the north side between the building and the creek, where there will also be a planting of native grass and plants.

A total of sixteen parking spots are planned, in addition to required emergency vehicle parking, with staff parking to be located on the west side of the building.

A six-foot fence will surround the property and protect it and the planned educational garden and the separate trash enclosure from local wildlife.

The project is projected to cost $5,000,000, with 65% to 70% of those funds to come from private foundations and government funding, 15% to come from individual and corporate donors, 10% from the inevitable sale of 391 West 1st Street, owned by TEENS, Inc., and a remaining 5% to 10% to come from a loan, if needed.

The childcare center will be open five days a week and will be closed on weekends. The child drop-off times will be from 8 to 9 a.m., and pick-up times will be between 3:30 and 5:30 p.m.

In further efforts to mitigate concerns raised by neighbors, TEENS, Inc. proposed to institute traffic and speed limits during drop-off and pickup times, and to install downcast lighting around the building. They have designed parking and traffic impact to occur on the far side of the property, with strategic tree planting to mitigate noise pollution.

The Parks Department was in full support of the plan to create trails on the north side of the property, along the creek. The Streets Department noted that they had no concerns about the child care center impacting their snow plowing operations. The Utilities Department specified having the capacity required to handle the development, and the Boulder County Sheriff’s Office stated they had no concerns with the proposal.

The Nederland Fire Protection District requires a new hydrant to be installed. Fire Marshal Andrew Joslin determined that the development would not affect the requirement of space needed for a complete turnaround for emergency vehicles.

Fisher added that due to a request from a resident who individually reached out to the Environmental Protection Agency, the Town has approached the agency to have a free soil assessment completed. Fisher also reiterated, in response to resident concerns that the Town is favoring childcare over housing, that progress has been made on assessing other designated areas for housing.

To address concerns that the childcare center would be providing a need for those outside of Nederland’s borders, LeFaiver provided statistics which indicated that the majority of letters of support originated from Nederland. LeFaiver also stated that he found it “shortsighted” to not consider the needs of those just outside the Town when they too are part of the broader Nederland community.

Trustee Eric Coombs-Esmail asked for clarification on whether approval of the SRU includes the Town approving vacating 5th Street, to which Fisher replied that it did not.

Coombs-Esmail asked LeFaiver how the plans would be impacted if the BOT did not approve vacating 5th Street. LeFaiver explained that the amount of available parking would be impacted, and that the buffer between the building and riparian area would be compromised. The size of the 10,000 square foot building would not be impacted if 5th Street is not vacated for the project.

Fisher also stressed that the shape of the structure and the design plan alleviated the concerns of the Streets Department regarding snow removal.

To questions of whether LeFaiver and TEENS, Inc. would consider paying the tap and sewer fees, and whether “dark sky principles” were being considered, LeFaiver answered that there are a few negotiating points that can definitely be “on the table.” One such prospect, brought up by Trustee Tania Corvalan, is for Nederland families to be given priority on the waitlist.

Mayor Billy Giblin commented on how the decision before the Board was challenging when considering all of the changes being proposed for areas all over Nederland. Mayor Pro Tem Tom Mahowald responded that the only issue to be considering was the TEENS, Inc. SRU before them.

The Nederland Community Center’s meeting room was full of Nederland and Peak to Peak residents who attended to voice their opinion of the childcare proposal. There was some contention between the two opposing sides on the matter, as reductive terms like “land grab” and “NIMBY” were used in public comments.

One member of the public used stuffed animals grouped onto the floor to exemplify the children and infants in the area without childcare, including those who were turned away from the current New Explorers childcare center due to their roster being full and the waitlist ever growing.

Trustees discussed whether they felt that the SRU application met the evaluating criteria, and attempted to isolate the emotional aspects from the discussion and to instead remain analytical. No debate was had as most Trustees were in agreement that the application met the criteria, in that the project is eligible for special review, is generally compatible with adjacent land uses, is consistent with the Comprehensive Plan, and that the Town has the capacity to handle the development.

The only criteria that Trustees believed the SRU application fell somewhat short of satisfying was whether the proposal as delivered was minimizing “potential adverse impact” on adjacent properties and traffic flow.

A motion was made to approve Ordinance 859 with the following additional conditions: that the hours of operation be between 8 a.m. and 5:30 p.m., that TEENS, Inc. utilize downcast lighting and adhere to dark sky principles, and that the other conditions included within the SRU application packet also be required. The motion was approved.

The Board also voted on Ordinance 858, which would amend the STR licensing article and Section 6-95 of Nederland Municipal Code to establish an annual regulatory fee. The annual fee would charge STR license holders $145 per bedroom, and is suggested by Town staff as a way to cover the cost of Town staff time and the required software needed to regulate STRs.

Trustees approved Ordinance 858 unanimously.

The Nederland Board of Trustees meets on the first and third Tuesday of every month. Their next scheduled meeting is on Tuesday, March 5, 2024, at 7 p.m. and can be attended either online or in person at the Nederland Community Center. For more information go to: https:// townofnederland.colorado.gov/ board-of-trustees.