NEDERLAND - On Wednesday, March 26, 2025, the Nederland Planning Commission engaged in a discussion regarding past amendments to Yard and Bulk requirements in Nederland Municipal Code (NMC) which affected the time frame for affordable housing deed restrictions. 

Following the passing of Ordinance 856 in December, 2023, which stated that the deed restrictions should remain in effect for a minimum of 20 years, Mayor Billy Giblin and Trustee Tania Corvalan requested that the 20-year time period be increased, and they sent the matter to the Commission’s agenda.  

Having researched how other neighboring municipalities deal with this situation, Town staff were recommending amending the ordinance with language stating that “all required affordable housing shall carry deed restrictions and covenants in the form set by the Town Administrator, Board of Trustees or designee.”

Commissioners recalled when the ordinance was originally passed, with some stating that they remembered it being pushed to approval in order to fulfill grant requirements when the Town sought funding for its Housing Assessment back in 2022. 

As clarifying questions were asked, it was noted that Town staff have yet to properly define the percentage of the area median income that triggers “affordable housing” in Nederland. 

Some Commissioners suggested fluidity in assessing the deed restriction time frame for each Planned Unit Development application on a case-by-case basis, while Town Administrator Jonathan Cain suggested rigidity and alignment with housing-based grant requirements, which on average ask for minimum 20-year deed restrictions.  

Town staff were directed to draft the specific criteria by which officials would determine the deed restriction time period for developments as they come before them for approval. Town Attorney Jennifer Madsen stated that she and Town staff will determine over the next month whether the drafted criteria need to be codified or will just be accepted as an administrative action.

NMC definitions; Prop. 123

Additionally, Town staff asked the Commission for clarification on another recently discovered issue in NMC, specifically about code language in the definitions for duplex, triplex, and fourplex conflicting with language in the yard and bulk table, which ultimately limits developers’ ability to build affordable housing at greater density.   

The current recommendations to the Commission for this issue was whether to create a separate yard and bulk table specifically for affordable housing, to change code language within the existing table from "per structure” to "per dwelling unit,” or to add language that permits variances based on density of the project. 

Community Planner Britt DeMinck stated that, due to complications in researching the viability of Town-owned parcels for the development of affordable housing, she is looking for ways to encourage private land owners to build density housing on their properties, in an effort to fulfill the requirements of Proposition 123.  

Proposition 123 is the program that controls the State Affordable Housing Fund and provides municipalities with access to funding for affordable housing projects. The Town committed to a baseline goal of creating 13 affordable housing units by November, 2026.

Back in late November, 2023, several ordinances affecting land use were passed, with most Commissioners against adding language to NMC that would permit such density across all land zone classifications in fear of “chaos” and “blowback” from potentially upsetting longtime property owners in Nederland’s pocket neighborhoods. Commissioners still felt that way.

Chair Jim Reis stated to Town staff that the Commission required more data, including visualizations, that show how each of the staff’s recommendations (particularly the change of “per structure” to “per dwelling unit”) would impact what could be built in each different land zone. 

Lot line adjustment  

The Commission also voted to approve a lot line adjustment affecting two High Density Residential-zoned (HDR) properties, taking 7,723 square feet from 506 South Peak to Peak Highway and adding it to the property at 580 South Peak to Peak Highway. 

The Agenda Information Memorandum, prepared by DeMinck, states that “there are no plans to change usage of the properties, and both properties have a shared driveway.

“Even with the adjustment of the lot line all setbacks for both the principal structure and the accessory structure will still be within the required standards listed on the yard and bulk table for HDR.”

With neither the Town’s Utilities or Streets departments or the Nederland Fire Protection District stating any concerns, Town staff concluded that the requested “adjustment does not create or result in parcels that would fail to conform to any applicable zoning, Town code or yard and bulk standards.”

The Nederland Planning Commission meets on the fourth Wednesday of every month. Their next meeting is scheduled for Wednesday, April 23, 2025, at 7 p.m. Meetings can be attended online via WebEx. 

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

Board of Trustees

The Nederland Board of Trustees (BOT) met on Tuesday, April 1, 2025, to discuss a major ordinance and several projects related to the Town’s water management, particularly its wastewater treatment system.

Utilities Department Manager Andrew Bliss introduced the newest draft of Ordinance 864, which aims to regulate how local businesses operate in an effort to protect the Town’s facilities and avoid the need of a major upgrade. The ordinance was produced as part of a series of changes being made to NMC Chapter 13, Article II, in order for the Town to be compliant with its wastewater effluent discharge permit.

The goal of the ordinance is to protect the wastewater treatment facility by removing harmful waste prior to reaching it through the repeal and replacing of several sections of NMC, and the establishing of new regulatory procedures placed on local restaurants, breweries, and industrial users.

Bliss and Town staff have discussed Ordinance 864 several times with the BOT, starting in April, 2023, and later in July, 2024. After his discussion with the Board during the July meeting, Bliss recommended tabling the vote for the ordinance’s approval in order to obtain more feedback from local businesses. 

The Agenda Information Memorandum (AIM) provided to Trustees by Bliss states that the revised ordinance “enhances clarity for food service establishments regarding grease interceptor requirements, includes a more concrete definition of industrial users, and clearer compliance expectations.”

The newest draft of Ordinance 864 includes a revised definition of the term “industrial user,” which now refers to a business that discharges more than 2,000 gallons per day, is subject to federal categorical pretreatment standards, or is designated as such based on their potential wastewater impact. It was also stated that no Nederland business currently meets this definition.

Trustee Tierney Maris asked for clarification on what wastewater impact would lead a business t be labeled by Town as an industrial user. Bliss answered that, though it is not specific as to what the impact would have to be, the ordinance allows for the Town to address potential issues with business owners when any harm may be caused to the wastewater system, allowing that business to solve the problem before being labeled.

Mayor Pro Tem Nichole Sterling inquired how much additional engagement with local businesses had been done since Bliss last brought the ordinance before the Board.

Bliss and Cain have visited local breweries and sent correspondence regarding the wastewater treatment ordinance to local businesses. Bliss noted that they have yet to meet in person with businesses regarding education on the ordinance and how it will affect them. He also mentioned that there is one business in Town that potentially does not have a required grease trap.  

The BOT voted to approve Ordinance 864, amending NMC Chapter 13, Article II, to impose new regulations pertaining to the pretreatment of wastewater. The ordinance will officially go into effect on July 1, 2025. 

Grit removal

The Board were given an update from Bliss on his department’s efforts in hiring a contractor for a grit removal project, which involves the installation of new digester and equalization tanks to help towards removing the collected grit that has been filtrated through the Town’s wastewater treatment plant. 

The Utilities Department has $67,000 budgeted for the project, though the majority of the bids received from contractors have been far lower. Bliss and his department staff recommended contracting with McDonald Farms, whose bid landed at $22,240.80. 

According to the AIM, prepared by Bliss, McDonald Farms’ proposal “was fully responsive to the Town's needs.” Bliss added that the business has experience working at Nederland's wastewater treatment plant, and that “their expertise in this type of cleaning process will help ensure a smooth and effective grit removal operation.”

Bulk water filling station

Bliss also delivered an update on the Utilities Department’s Bulk Water Filling Station installation project. The department has $100,000 budgeted for the project, which includes the installation near the Town’s Public Works Shop of a fully automated station that will provide bulk water to customers at a cost. 

Town staff received proposals from four different vendors for providing the equipment, and are recommending contracting with Ellemech for $41,250 because they offered integration with Supervisory Control And Data Acquisition systems, and included a pressure-reduction valve.

To ensure cost-efficiency for this project, Utilities Department staff plan to install the station themselves, with assistance from a licensed electrician, and are recommending that the Town set the bulk water rate high enough to offset the continued cost from Ellemech for payment processing and cloud storage.  

Town Hall hours

The BOT heard an informational update regarding staffing adjustments being made at Town Hall to ensure its operating hours to the public after the loss of two front desk staff members, Public Engagement Manager Peter Cacek and Administrative Assistant Corrina McLeod. 

Cain noted that administrative staff are staggering shifts from 8 a.m. to 6 p.m. in order to keep Town Hall open for the public. Starting in April, Town Hall will be open Monday through Friday from 9 a.m. to 5 p.m., with staff members being available by appointment from 5 to 6 p.m.

The Town is currently accepting applications for the full-time Administrative Assistant position, with starting pay ranging from $19.24 to $24.08 an hour.

Rehabbing Guercio Field

Trustees also entered into a discussion regarding a $29,288 proposal from High Performance Earthworks (HPE) to regrade, amend the soil, and reseed Nederland’s Guercio Field. The Town recently attempted rehabilitation of the field through a Great Outdoors Colorado grant program, which was completed in 2024. 

Due to concerns about Guercio Field’s appearance and condition, Town staff was directed to seek options for bringing the field’s health back to a state where it can be used for activities and community events. 

HPE offered their professional recommendation to wait until after spring in order to give the previous reseeding efforts the opportunity to develop before assessing over the summer how the grass is growing in. They would then determine what actions would be required in order to move forward. 

Town staff and the Board all agreed with the recommendation to wait, with the matter to return to the BOT’s agenda by August or September, when it will be known whether reseeding efforts will begin. 

The Nederland Board of Trustees meets on the first and third Tuesday of every month. The next meeting is scheduled for Tuesday, April 15, 2025, 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