NEDERLAND - The Nederland Planning Commission met on Wednesday, July 23, 2025, to discuss the Town’s readiness to codify recommendations made in the recently approved Downtown Subarea Plan (DSP).

The recommendations regard the creation of overlay zoning districts and the establishment of design standards, which includes an increased building height limit.  

The Commission voted to approve recommending the DSP on April 23, and the Board of Trustees voted to approve the plan on May 6.

The aim of the DSP, which was created by Studio Seed in tandem with the SE Group’s Comprehensive Plan update, is to institute a clear vision for downtown as well as provide guidelines for how to implement that vision. 

That vision describes Downtown Nederland as an easily accessible gathering place for commerce, dining, and the enjoyment of nature, while preserving the town’s history of mining and music, and its current standing as a destination ski town, through the character of its “architecture, public spaces, art, and festivals.” 

After the DSP was approved, next steps were to include the Nederland Downtown Development Authority officially adopting the plan as their Plan of Development; more public outreach to educate the community about the plan; and implementing a five-year review cycle to ensure the plan continues to meet the needs of the community.

Immediately following the Commission’s approval of the DSP on April 23, Town Manager Jonathan Cain led a discussion on the prospect of pursuing the development of a Downtown Overlay Zoning District as the second catalytic project recommendation made in the plan. 

Overlay zoning was defined as a “tool that allows municipalities to apply additional or modified standards to a specific geographic area without changing the base zoning.” 

Cain explained how regulations set within the overlay district could be complementary to the existing zoning designations in the area, and that overlay districts could be designed to affect only smaller areas of the entire Nederland downtown. 

Idaho Springs’ East End Action Plan was cited as an example of the successful utilization of an overlay district. The plan included the drafting of code to support the community’s preferences for permeable street edges, café seating, and a classic mining aesthetic.  

Specifying similar “form-based standards” for Nederland’s downtown is expected to be adopted in conjunction with the pursuit of overlay zoning. 

Cain reiterated that the recommendations in the DSP for an overlay district and for form-based standards were developed from a year-long public engagement and research-based drafting process which included community workshops, stakeholder meetings, online surveys, and open houses.

According to the results of this engagement process, the community prioritized accessible and well-maintained pedestrian and vehicle infrastructure, and a more robust commercial center in terms of variety in both restaurants and shops, as well as more options for gathering places and “creekside activities."  

As for how to define Nederland’s “character,” and how to properly preserve it, the community provided specific preferences for the design, form, and look and feel of their downtown area.

 Those preferences mention allowing for two- or three-story buildings with the upper floors slightly set back; keeping buildings “box-like” with widths at 20 to 60 feet and with varied roof forms made from natural materials; and a strong aversion to “large block developments, unmodulated façades, and heavy use of stucco, stone, or concrete detailing.” 

Despite these results from the DSP community engagement process, Commission Chair Jim Reis stated at that April meeting that the matter should require months of review in public meetings. 

The first of these public meetings took place on July 23. Though Commissioners offered another round of review on the topic, there were only two public comments presented in person, and none made online or by email.

DSP boundaries

Those comments made were in relation to a request for more community engagement, and a question regarding the boundaries of the proposed overlay district. 

A map on page 24 of the DSP shows the boundaries of the district as West 2nd Street on the North side, Snyder Street on the East, Middle Boulder Creek on the South, and Jackson Street on the West.

As specified in the Agenda Information Memorandum prepared by Cain, though the recommended boundary includes portions of East 2nd Street, the DSP’s design recommendations remain focused on East 1st Street, which is designated as the “primary focus” of the overlay district. 

Commissioners discussed the DSP’s specific recommendations for about two hours, with Town staff intending to utilize the feedback to formulate actionable ordinances and drive these initiatives through the Commission’s process and to the Board of Trustees for approval. 

The majority of the feedback was centered on restructuring the boundaries recommended within the DSP to include properties that Commissioners felt should be considered part of the central business district, including the old Snyder’s lot, the “clock tower” building that houses Tin Shed and Ned General Store, and other properties that extend slightly down East 2nd Street and up Snyder Street to the highway. 

There was also a suggestion to extend the westernmost boundaries of what is considered “downtown” to include private property and open space land beyond the Wolf Tongue mill property, in order to promote the DSP’s recommendations for “creekside activities.” 

Regarding design standards for downtown buildings that would represent Nederland’s character, Commissioner Tom Mahowald asked whether preservation and a focus on the visual appeal of many of the Town’s downtown buildings was pertinent.

Mahowald also asked whether an economic study on the impacts and potential limits to downtown redevelopment had been conducted in tandem with the DSP, to which Cain answered that such a study has yet to be done. 

As for whether preserving downtown’s buildings would be a worthwhile endeavor, Cain stated that “beauty is in the eye of the beholder” and that “people’s hearts are wrapped up in those buildings,” referring to the years of history that has cultivated personal memories for many in the community. 

Though Commissioners engaged in a robust conversation regarding the downtown boundaries detailed within the DSP, they did not address modifying the Use Group Table in municipal code to allow for “outdoor sales, eating and drinking, or other outdoor commercial activities or establishments that currently require” a Special Review Use permit. 

Other matters still to be addressed include establishing East 1st Street as a walking mall or “festival street,” and the many design standards yet to be specified, including yard and bulk requirements, walkway setbacks, desired roof and storefront design, preferred building materials, and a building’s allowable height, width, form, and mass, 

Due to the complexity of each of these matters, the Commission voted to hold a two-hour Special Meeting dedicated to the discussion of the proposed overlay district and downtown design standards, to take place before their regular meeting on Wednesday, August 27.  

Cain stated that the Town will provide updated maps of the proposed overlay district that will include those aforementioned properties that commissioners felt should be considered part of “downtown.” 

In addition to the Commission approving Town staff moving forward with drafting an ordinance creating an overlay district, as well support for updating and codifying specific downtown design standards, the Commission also wished to prioritize issues of parking, walkability, and of marijuana use in the downtown area.   

Affordable housing

Community Planner Britt DeMinck presented Commissioners with their only action item for the evening, tasking them with voting on Ordinance 878, which involves amending Ordinance 856 to further regulate Yard and Bulk requirements for affordable housing. 

The amendments to Ordinance 856 include a definition of the term "housing development" in Section 16-322, and language in Section 16-323 to clarify that “all dwelling units within the proposed development must be designated as affordable housing and subject to the required deed restrictions in order to qualify for an affordable housing development variance.”

There was also language to establish a minimum of 30 years for deed restrictions on affordable properties, an increase from the 20 years originally stated in Ordinance 856. This was changed after a request from Mayor Billy Giblin and Trustee Tania Corvalan. 

During previous discussion of this matter, Commissioners asked DeMinck to return with clarification on the exclusion of certain language from Section 16-323 pertaining to single family homes.

A discussion of  the Town of Nederland’s Area Median Income and the definition of “affordable” in relation to housing was also requested by Commissioner Mike Dye. 

Commissioner Elizabeth Penziner asked if, under the provision that all dwelling units within the proposed development must be designated as affordable housing, Accessory Dwelling Units constructed on a private homeowners property be deemed affordable if the owner's home is not considered affordable.

Town Attorney Jennifer Madsen answered that it could be considered affordable but would not be eligible for the deed restriction variance.  

As there were no further questions, Commissioners approved Ordinance 878, amending Ordinance 856 to redefine terms in Section 16 of Nederland Municipal Code relating to affordable housing development, and to set a 30-year minimum for deed restrictions on affordable properties. 

The Nederland Planning Commission meets on the fourth Wednesday of every month. Their next meeting is scheduled for Wednesday, July 23, 2025, at 6 p.m. Meetings can be attended online via WebEx. 

For more information: https://townofnederland.colorado.gov/planning-commission.