On Monday, February 13, 2023, members of Nederland’s Board of Trustees (BOT) held a special meeting at the Nederland Community Library from 3 to 5 p.m. to engage in a public conversation with
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On Monday, February 13, 2023, members of Nederland’s Board of Trustees (BOT) held a special meeting at the Nederland Community Library from 3 to 5 p.m. to engage in a public conversation with property owner Ron Mitchell. Mitchell, representative for the Nederland Central Business District Redevelopment LLC, owns several lots in downtown and desires to consolidate the land in order to move forward with a massive redevelopment plan.
Though the meeting was very well attended both in-person and online, no public comment was permitted during any portion of the meeting. Trustees Tania Corvalan,, John Mountain, Jesse Seavers, and Nichole Sterling, Mayor Pro Tem Tom Mahowald along with Town Administrator Miranda Fisher and Mayor Billy Giblin were in attendance for the conversation with Mitchell.
The conversation pertaining to Mitchell’s desired plan for downtown Nederland has divided the Town for many decades. As a property owner of several key properties down East 1st Street, Mitchell had a stake in the future of the Central Business District. Designs for Mitchell’s proposed redevelopment are believed to be a definitive solution to Nederland’s many issues, such as parking, sewer and water infrastructure, and affordable housing.
Those opposed to Mitchell’s plan believe his designs, if to come to fruition, would ruin the individuality of the Town itself, turning Nederland into a more upscale tourist attraction typical of many other mountain towns. Publicly there is much debate over whether this fear of “change” is justified, or if it’s just an unfair maligning of Mitchell himself.
Meetings of the BOT and Nederland’s Planning Commission over recent months have featured agenda items pertaining to Mitchell and NCBDR LLCs various properties. On January 25, 2023, the Planning Commission voted to deny Mitchell’s request to rezone his lot at 100 East 1st Street; and on January 17 and February 7, Mitchell attended the BOT meetings to give public comment regarding the Town’s decision to place an emergency moratorium on any subdivision applications affecting the CBD.
The moratorium, which was placed for a five-week period, was instituted to allow for Town Staff and the BOT to assess whether or not Town Code truly reflects Nederland’s goals for its own future. The BOT will accomplish this by forming a subcommittee and comparing Town Code to the 2013 Comprehensive Plan, as well as other documents that are meant to define Nederland’s identity, to which all regulations should adhere to and help enforce.
On February 7, 2023, Mayor Giblin, Trustee Corvalan, and Trustee Eric Coombs-Esmail all stated that the moratorium was placed in reaction to Mitchell’s submitted application for a lot consolidation. The concern was that the lot consolidation was requested without a design plan for the intended future construction. The application was deemed “incomplete” by the Town and the moratorium was added to the BOTs agenda and was voted on for approval on January 17, 2023.
In response to the emergency moratorium Mitchell and NCBDR LLC barricaded its lots in downtown Nederland, including 100 East 1st Street, and prohibited parking. Mitchell had been allowing his lots to be utilized as free-use parking lots for several years, but as of January 27, 2023, the lots can only be used by staff and customers of the businesses that rent on his property.
Again, the public discussion on the topic is divided. There are those who believe Mitchell is in the right as a property owner to retaliate against a perceived purposeful intrusion on his rights. And there are those who believe that the Town of Nederland has the right to defend against Mitchell’s perceived tyrannical actions that seemingly hold the Town hostage until his dream for downtown is realized.
The February 13 meeting was planned to keep the conversation between Mitchell and the Town of Nederland respectful and amicable. Mitchell has faced public scrutiny during several government meetings as of late, with his character coming into question during many public comments, which Mitchell had classified as “harassment”. Presumably Monday’s meeting prohibited public comment so as not to detract or derail from the initial conversation; however, the public made statements on social media in regards to disagreeing with the ban on public voices.
Trustee Sterling led the meeting by first introducing Mayor Giblin, who delivered to attendees the intent and goal of the meeting. Giblin explained how the meeting was initially planned as a private meeting with some Trustees present, and Mitchell and Town Attorney Jennifer Madsen present, before it eventually evolved into a public meeting with many more Trustees present, but without Madsen.
Giblin described the Town’s relationship with Mitchell as an ongoing dynamic that has reached an impasse, with the emergency moratorium bringing things to a head. Giblin stated that he was embracing being Mayor at this moment and is hoping that this meeting will act as the beginning of a series of productive conversations where the end result is CBD redevelopment that reflects the wants and needs of Nederland.
“Whatever happens in these two blocks will heavily influence the culture of our town; whatever happens there is a big deal, and maybe how we get there is a bigger deal,” Giblin said.
Sterling then discussed the process for the meeting, which was laid out into six steps, beginning with establishing the ground rules, or “needs”, of the conversation, then providing Mitchell with up to 45 minutes of uninterrupted time to speak about his redevelopment plan. The Trustees in attendance would then ask Mitchell their clarifying questions concerning the plan, after which Trustees would compile a list of pros and cons for the project that Mitchell would then have the opportunity to address and reply to.
Trustees, along with Mitchell, offered their suggestions for the ground rules of the discussion moving forward. Sterling began by stating that the discussion will involve allowing each person to speak one at a time without any interruption, any “back and forth” or rebuttal. Sterling added that attendees to the meeting should remain open and curious, and should listen to those speaking without assuming their intent.
Other suggested criteria for the flow of the discussion included speaking only truths and facts, to leave out controversial speculations, to not make commitments or promises, and to work together to seek alignment and move in the same direction. Mitchell added that he hopes for people to study Nederland’s history on the issue of redevelopment and to educate themselves on the Town’s needs and wants as outlined in documents like the 2013 Comprehensive Plan and Envision 2030.
Mitchell began his portion of the meeting by providing a short history of how he came to Nederland as a child and immediately fell in love with the Town. As a sophomore engineering student attending college in Boulder, Mitchell attended a real estate appraisal course which tasked him and four other students with providing a blight analysis of Nederland. A blight analysis is a process to help determine whether municipalities are in need of redevelopment. Mitchell’s analysis in 1959 was that Nederland was blighted; the paper earned him an A.
Mitchell was given advice by a professor to invest in Nederland’s economic future, and for the past 60 years he has been purchasing property for the very purpose of redevelopment. During Mitchell’s uninterrupted time to explain his plan he mentioned several reports and assessments from hired development experts, which he provided for viewing at the meeting, that all seemingly agreed that Nederland’s downtown is blighted and requires an overhaul.
For just over 35 minutes Mitchell discussed his design and plan, which is on display in a detailed brochure at the Nederland Community Library and Town Hall, and focused on how his plan aims to alleviate many of Nederland’s major issues. The design schematics of Mitchell’s vision for downtown Nederland has existed for more than over 30 years. Mitchell claims that over those past 30 years Nederland’s government has intentionally blocked his plans from coming to fruition. Mitchell also stated public opposition as a major reason for why he’s never brought the plans to the BOT.
Mitchell reiterated that the plan is for three main buildings in downtown to house an underground parking garage, a resort, a theater, retail and restaurant space, and housing that was classified as both “workforce” and “affordable”. Mitchell spoke on how his plan would promote accessibility and walkability and would create a “sense of place”, which he says Nederland is currently lacking, especially on East 1st Street.
The design features a designated alleyway in the middle of the three central buildings that would act as a delivery lane for trucks from 7 to 11 a.m. After 11 a.m. the alleyway would become a pedestrian promenade that would feature small pop-up spaces for businesses and artists. Mitchell’s design also includes plans for a second bridge across the creek and is also adjusted to compliment the new flow of traffic through town that would be created by both the second bridge and the redevelopment.
The brochure of Mitchell’s plan also includes several sites specified to become workforce housing, which Mitchell indicated had to be built first in order to potentially house contractors and construction crews temporarily during the redevelopment process. Mitchell expressed a desire for his plan to address Nederland’s labor shortage, as well as to address the shortage of children in our schools due to the high cost of real estate and of mountain living in general.
“I am frustrated by the zoning laws and the things that conflict with the ability to get something done, in terms of what the IRS says I can’t do and what the town says I can’t do,” Mitchell said to the crowd. “We have to do something at some point in time. You have the opportunity to work with me or with somebody else who buys it, it’s that simple.”
“What that professor didn’t tell me when he said that it would be a great economic opportunity, he didn’t tell me that it might not be in my lifetime. And that’s ok, I’d still like to see Ned come out on top.”
Mayor Pro-Tem Mahowald asked about the projected number of retail establishments that Mitchell’s plan would provide, to which Mitchell estimated anywhere between 30 to 50 units, which includes 10 x 10 foot spaces for pop-up businesses.
Trustee Seavers asked how long businesses can expect to be shut down during the construction process of Mitchell’s plan. Mitchell expects one full season for the foundation of the project to be set, after which he gave a hopeful guess of two to three years for the total construction. Giblin gave an estimate of four to five years, considering the time for going through the lot consolidation process, constructing the workforce component, and for the need of infrastructure repair before foundations for Mitchell’s plan can be set.
Trustees then spent roughly 30 mins developing a list of pros and cons concerning Mitchell’s plan. Economic vitality, the creation of parking and housing availability, the removal of blight, the resolution of confusing lot lines, becoming more ADA compliant, and the easing of the traffic flow were some of the major positives listed by the Trustees. It was also noted as positives that Mitchell’s plan for redevelopment would make Nederland desirable for young families to live and attractive to investors.
The impact considerations of construction, the possibility of a single corporate-owned retail center not being affordable for current or future Nederland small business owners, the possible influx of corporate retail and restaurant chains, the potential for the project to go bankrupt and be left unfinished, and the potential for the finished project to fail in securing any tenants were listed as the major negatives of Mitchell’s plan.
Most concerns listed had to do with the loss of Nederland’s identity.
“There will be a before and after of Nederland that will be the death of the Ned that I know of, for better or worse,” Trustee Corvalan said. “I think that’s very concerning to a lot of people. It’s going to change the face of our community forever; we’re not going to look like a cute mountain town anymore, we’re going to look polished.”
Mitchell was given 10 to 15 minutes to address the list of cons, or negatives, that Trustees had created. Though Mitchell refused to answer many of what he deemed speculative concerns, or “what if” questions, he did address the potential loss to Nederland’s identity.
“I’ve watched Nederland change over the 75 years that I’ve been here, having complete new identities every 15 years. It’s new people who bring new things. Development helps the financial health of the community; yes, it won’t be the same town, but the question is when all is said and done do the pluses outnumber the minuses.” Mitchell said.
On the concern of whether any current East 1st Street businesses are in danger of closing permanently due to the redevelopment, Mitchell believed that modern practices can possibly be implemented to allow for night construction that would not interfere with businesses during operational hours. Mitchell also noted that the proposed structures are planned to be set back from the street by 25 feet, allowing for much more space for pedestrians, vehicles, and work crews.
Mitchell addressed the concerns of a single corporate landlord, stating that shopping centers across the country are owned by corporations who have the expertise to enhance profitability and benefit the entire Town’s economy. As for the risk of the project being left unfinished, Mitchell assured that though he has seen projects go bankrupt and has seen the next guy go broke trying to bring that project back to fruition, he would not go forward with the project at all if he felt there was a chance it wouldn’t reach the finish line.
On the concern of what Mitchell considers “affordable” housing and who dictates that classification, Mitchell stated that the housing created in his plan would be market-rate housing, which is generated by the real estate market without direct subsidy.
Mitchell also reassured Trustees and those in attendance that his design schematics and proposed plan are indeed flexible. He urged those who might be opposed to his designs to bring their own ideas and solutions to the table. Mitchell specified that his designs are more focused on functionality rather than cosmetic. When asked if Mitchell would provide any contact information to receive constructive public input he specified that he would prefer face-to-face interaction and was open to setting up six hours of “office hours” a week at Town Hall.
The meeting ended with Trustees and Mitchell admitting that there was a lot more work to do before some of the bigger concerns on the Trustees list of negatives could be considered resolved. Mitchell hoped for the conversation to continue forward and noted that he would wash his hands of the project if the Nederland community decides they are against it.
Giblin stated that the BOT would be addressing the emergency moratorium during their next meeting on Tuesday, February 21, 2023, at 7 p.m. Giblin hopes for the majority of votes to approve extending the moratorium and allowing Nederland the time to assess their Town Code and assure that either Mitchell’s plan or any redevelopment plan is passed due to meeting the current wants and needs of the town.
It has become clear that change for Nederland is inevitable, whether it is in Mitchell’s name or somebody else’s. The longer Nederland denies change while attempting to define the very identity it vehemently tries to protect, the more it loses. The Town has lost its police department, its major festival Frozen Dead Guy Days, and is soon to lose its only bank. Nederland’s procrastination on how to shape its future is no longer sustainable.
The long-term implications of Monday’s conversation involves the very future of the CBD and of Nederland as a whole. The leaders who represent our community’s best interests are right now having the discussions that will shape the things to come.