NEDERLAND — The Nederland Board of Trustees (BOT) met on Tuesday, March 3, 2026, to continue their discussion regarding Ordinance 886, establishing the First Street Overlay District (FSOD) which sets design standards and zoning specifications, including building height limit, for any new development to be considered for the downtown area.

The two hour 30 minute discussion remained centered on the issue of maximum building height limit, as the ordinance proposed 35 feet for flat roofs, and 45 feet for pitched roofs.

Town Manager Jonathan Cain provided Trustees with examples of neighboring municipalities’ own codified maximum building heights.

Buena Vista, Crested Butte, Georgetown, Idaho Springs, Minturn, Silver Plume, and Salida all were set at 35 feet, with Minturn offering a range between 28 and 35 feet, and Creede being the one standout at 40 feet. 

Additionally, Central City’s maximum building height is set at 50 feet, and Estes Park had just raised theirs to 42 feet, a decision which Cain later specified was made to accommodate mixed-use development for the ability to provide more affordable housing. 

Town staff provided their recommendation to maintain the Town’s current set maximum building height of 35 feet for all roof types, which was based in part on comparisons to peer municipalities and their respective fire protection districts.

Nederland Fire Protection District (NFPD) Chief Charlie Schmidtmann shared a more technical perspective with Trustees, detailing how the height of the building is just one of many variables that dictate how firefighters have to operate in order to ensure public safety, especially during a potential third floor rescue with the District’s ladder truck. 

The current ladder truck reaches a maximum of 55 feet, but would require to be stationed a considerable distance away from the building in question in order for the ladder to extend at the best possible angle of roughly 45 degrees.

As East 1st Street fluctuates between 16 and 24 feet wide, depending on the designated street parking in the specific area, the road may not be as wide as the NFPD would require in order to most efficiently tend to a structure fire and third-floor rescue attempts. 

Schmidtmann made no formal recommendation on behalf of the NFPD, stating that his department would do what was required to ensure public safety and minimal property damage. He also reiterated that the District’s current equipment is rated as sufficient in covering 35-foot tall buildings, and that taller buildings, or more than five new 35-foot tall structures being developed downtown, could result in the NFPD requiring a second truck, preferably with a 75-foot ladder.  

Planning Commission Chair Jim Reis also presented to the Board, detailing the years-long process of advising in the drafting of the Town of Nederland’s Comprehensive Plan, Subarea Plan, and Ordinance 886, all of which included vast public engagement processes and many stakeholder meetings led by hired consultants. 

The Planning Commission voted to approve recommending Ordinance 886 to the BOT as written. As a result, Reis professed his hope that the current BOT pass the ordinance expeditiously and with little deliberation before the matter falls to a new Board voted into office in April. 

Reis and the Commission’s recommendation involved setting the perimeters of the FSOD and having the Town’s standard review process for new construction handle the details as to how development plans are compliant with Nederland’s capability to provide services.

The Town and NFPD seemingly recommended the opposite, which was to specifically set Nederland’s current capabilities as the standard in the FSOD, with the intention of amending the controlling ordinance later down the line as the Town grows into being able to handle a greater capacity. 

Two Trustees were in favor of the Planning Commission’s recommendation of 35 feet for flat roofs and 45 feet for pitched roofs, as providing maximized space for retail stores in order to offer business owners increased potential and to brighten the customer experience. They pitched this as a consideration. 

The other five members of the Board were all in favor of the Town’s recommendation, with some noting that the 35 foot limit for all roof types seemed more aligned with the community’s wishes, and others viewing the matter beyond just an economic or aesthetic perspective.

“I’m concerned about operational capacity and public safety,” Trustee Tierney Maris said. “I understand where developers are coming from in terms of commercially viable properties, but our job is to balance these issues, and from hearing Chief Schmidtmann today I think the public safety concerns outweigh what would attract more retailers, based on our limited capacity right now.”

Ultimately, the BOT directed Town staff to return with a draft ordinance to establish the FSOD with the perimeters of an allowable maximum build height of 35 feet, building width of 200 feet, and with additional researched options regarding the third floor step back, detailing the aesthetic differences and the NFPD’s operational structure for 10-, eight-, and six-foot steps back.    

The Nederland Board of Trustees meets on the first and third Tuesday of every month. The next meeting is scheduled for Tuesday, March 17, 2026, 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.